from the company of Tamar whenas he hated her because he had abused her but it was in Joseph that he refused to accompany his Mistress whenas he might have securely enjoyed her Nor is it any virtue for any man to do or forbear any thing for feare of punishment for so horses dogs and other irrational creatures will do or not do many things for feare of stripes which are commanded or forbidden by their Masters Nor is it any virtue in a Judg to pronounce true judgment if he be hired thereunto by any reward or bribe Where therefore neither worldly pleasure profit love feare hate nor any sublunary thing but it may be loss to all these do not move a man to the doing or not doing of what in conscience he ought to do or forbear there nothing less then Gods grace and power in such a man can be the true and efficient cause of such an action 6. It is a most admirable thing to consider how notwithstanding all Why only Man can do virtuous Actions the various natures dispositions and events of things this one Providence foresees and provides for all created things in the whole universe until she brings them all to their designed end Nor does this providence foresee and provide for all things from an eternal and fatal decree impelling all actions of all creatures For then there could be no such thing as good or bad men but God were the efficient cause of vice as well as virtue in men but by a mean foresight or knowledg does often determin necessary effects from contingent causes Which does not only plainly appear from very many places of Scripture as that the men of Keilah would have delivered David if he 1 Sam. 23. 12. had not escaped thence that God would have destroyed Niniveh within forty daies if the men had not repented that God would have gathered the children of Jerusalem together as a Hen gathereth her Chickens but Matth. 23. 27. they would not that if the mighty works had been done in Tire and Sidon which were done in Chorazin they had repented in dust and ashes c. Matth. 11. 21. but also all Gods promises and cursings upon men do depend upon their obedience or disobedience to what he commands And however this rigid opinion of Fate and the eternal determination of all things be asserted by the Stoicks yet do not I think that the most wicked man that ever was did ever attribute any wicked action to any such cause but pretended conscience pleasure profit or his own will never Gods It is true indeed that God hath made man in flesh and blood and so prone to desire many things which he ought not But though diverse men do naturally affect and desire things they ought not yet God hath so made every man a free Lord of all his actions that there is no man but may chuse whether he will do or not any thing to the attaining of his appetitions and affections And mans excellency above other creatures consists in this that his actions are not determined by his objects as other creatures are but he may freely do this action as it is moved in him from the appetition of pleasure profit pride c. or abstain from it as he apprehends it forbidden by him who may forbid And so may any man freely do or endeavor to do any thing which he ought to do though to his temporal disadvantage but this having no Temporal motive must proceed from Gods grace which no creature upon earth can do but only man only man therefore can do virtuous actions CHAP. III. Of Judgment 1. JUdgment is the definitive of him who by right commands permits What is Judgment or forbids a thing either by himself or instrument whether any thing be done conformable to a Law commanding permitting or forbidding it 2. Herein judgment differs from a Law A Law is the declared will of How it differs from a Law him who by right commands permits or forbids a thing together with a penalty annext for not observance after some reasonable time fixt whereby the obliged may take notice of such declaration Judgment is the sencence of him who so commands forbids or permits whether such an act were an omission or transgression of any Law so declared 3. Justice is the upright doing of any just or legal action conformable to the Law of him who by right commands Judgment is the discerning of How Judgment differs from Justice a good or bad action 4. All judgment must necessarily be the act of three persons at least What persons are necessary in Judgment viz. the Judge the accuser and the party accused or as we say the Judge the Plaintiff and Defendant 5. The end or ratio finalis of Judgment is either to determine differences The end of Judgment or punish offenders CHAP. IV. Of Equity 1. EQuity is twofold either a remission or moderation of the Laws How manifold is Equity when the execution of Laws will rather kill then cure a distemper in the Subject as when many Subjects either upon passion or being seduced have so far transgressed Laws that they have forfeited by Law their lives and estates yet in such case are not supream powers rigidly to exact all which the Law gives them but it is equity so to punish the principal Authors and other Subjects that others may be deterred from the like and the generality offending preserved So where the Law commands upon penalty and it becomes impossible for the Subject to perform as it ever was and will be there it is equity to remit the penalty Where therefore the Law obliges a Tenant to pay his Landlord such a Rent yet if by inundation of waters sterility of the season c. it comes to pass that the Tenant by no fault of his either cannot or it will be the ruine of himself and family to pay it there it is equity in the Landlord to remit or moderate what by Law he might justly exact Or secondly a supplement of the Law in cases wherein things in conscience ought to be done yet for want of some formalities or niceties they cannot in strictness of Law be exacted 2. Equity is when with a sincere intention men although it be to How Equity differs from Judgment their prejudice endeavor to please God Judgment a giving sentence according to Laws 3. In Courts of Judicature the Judges proceed according to the declared The necessity of Courts of Equity Laws and ought not in judgment to vary or swerve from them but proceed as they are impowred by Law and their Commission and Laws are made usually ad terrorem rather to affright men then to punish all offenders which Laws were they not moderated it were impossible for all men to subsist under the burden of them nor is there any man but has need of Gods mercy and the Kings Courts of Equity therefore are as necessary
King comes to be in the exercise of another Kings power he is subject to that King so long as he continues in the exercise or dominion of that King By more reason therefore ought the Subjects of any Prince to be in subjection to Supreme powers so long as they continue in the exercise of their power whether it were by Conquest or not Besides God hath ordained Supreme powers for mens preservation not their destruction And there must be some visible power upon earth which may put a period to and decide differences or they will be endless But there is no power under heaven but their sword that can put a period to the differences of Princes what therfore in such case the sword decides ought to be obeyed and the conquered Subjects nay Princes who come into the dominion or exercise of anothers power ought to be subject to it so long as they continue therein God therefore pronounceth Zedekiah a Rebel against Nebuchadnezzer But this reason cannot 1 Chro. 36. 13. hold for Subjects against their Soveraign where the Law may decide their Regal power cannot be transferred nor communicated by any humane or voluntary act differences and where by no Law of God or Man they are permitted to take the sword 26. Cujus est velle ejus est nolle No power less then that which made any thing can alter it But Regal power is Gods ordinance therefore nothing less then the power of God can alter transfer or communicate it Yet is the exercise of it subject to violence As Gravia sursum levia deorsum feruntur yet may a man by violence throw a stone upward and depress smoke from ascending without altering the nature of either So though Regal power cannot be transferred nor communicated by Man yet is the exercise of it not only subject to violence and usurpation but also being voluntary may be suspended by Supreme powers themselves without any diminution of the power or right of exercise of it When therefore Subjects or Enemies do unjustly invade and possess the Dominion of another this possession does not divest the right or jus ad rem of that other but only suspend the exercise of the others power or right during such usurpation So may a King by a league or peace with others by his act suspend the exercise of his power in any place unjustly usurped from him by others yet without diminution of his power or right to that place But this act cannot oblige his Successor nor himself after such term but they have a just cause of war if it be noâ— restored Having thus far treated of the efficient or final cause of Regal power it is time to descend to the Attributes of it CHAP. III. Of the Attributes of Regal power and incidently of the Power of Magistrates 1. WHo hath the Supreme power hath the sword of Justice to punish The sword of Justice is his who hath the Supreme power them who transgress Laws and endeavour to cause sedition He is the Minister of God to thee for good but if thou do that which is evil be afraid for he beareth not the sword in vain for he is the Minister of God a revenger to execute wrath upon him that doth evil Rom. 13. 4. And Gods rod in his hand Exod. 17. 9. 2. The end of all Government is either to preserve the governed inwardly The power of making War and Peace belongs to the Supreme power in peace or to defend them from the outward violence and opposition of others In vain therefore should Government be if he who hath the Supreme power may not as well defend Subjects from the violence of others outwardly as to preserve them from factions and feditions within And this power God gave to Moses Joshuah David and all the Kings of Judah nor can any King be a Supreme Prince without it nor the governed in a probable condition of hoping for preservation from it 3. Judgment is the determining of a good or bad action which cannot All Judgment is with him be in any who is subject to another What therefore could be a more subtile temptation of the Devil to our first Parents then to tell them Gen. 3. 5. that by eating the forbidden fruit they should be like to God knowing good and evil Solomon as the most requisite thing prays to God that he would give him an understanding heart that he might be able to judge between good and bad 1 King 3. 9. And The King by judgment establisheth the land Pro. 29. 4. And Give the King thy judgments O God and thy righteousness to the Kings Son that he may judge the people according to right and defend the poor Psal 72. 1 2. 4. The right of making Laws is with him The Scepter shall not depart Jus legislativum penes eum from Judah nor a Lawgiver from between his feet until Shilo come Gen. 49. 10. Submit your selves therefore to every ordinance of man for the Lords sake whether it be to the King as Supreme 1 Pet. 2. 12. And this is the onely visible means by which Subjects may become safe rich and happy 5. In punishment Equals cannot judge Equals much less can Inferiors That he does all things without punishment judge Superiors But a Supreme Prince cannot have an Equal much less a Superior therefore a Supreme Prince cannot be punished If a Supreme Prince might be punished for any thing he doth then cannot he do any thing but he will be liable to punishment for so doing For what property can he give to one which will not offend some other Nor did the veriest Thief or Murderer ever suffer punishment but some of his Comrades would seek revenge and if they might would punish the Lawgiver Besides who shall judge his Prince If any one then every one may Let no man therefore be hasty to go out of his sight nor stand in an evil thing for he doth whatsoever pleaseth him Where the word of a King is there is power and who shall say unto him what doest thou Eccles 8. 3 4. The Lord forbid that I should do this thing unto my Master the Lords Anointed to stretch forth my hand against him seeing he is the Lords Anointed 1 Sam. 24. 6. It may seem to some that this unlimited power of doing any thing Annot. with impunity will only beget a confidence in Kings of doing what they list without ever taking care of their duty in preserving their Subjects from intestine broils and factions and from the outward force and violence of their Enemies whereas more narrowly looked into no men are so subject to care and have their wills less then they For private men if they do any thing in their passion their fame and fortunes are alike neither much removed from their persons few take notice of it But they who are set in high place all men take notice of their actions In the greatest Fortune therefore is the
creature until they become united into some place apted and disposed for production where from the benign influence of the Sun or celestial bodies as from a more universal and efficient cause they evade into living creatures Nor does this hold less true in the production or generation of all rational Science for the Reason by it self without matter cannot form dispose or define any thing Nor does the outward sense or memory apprehend things otherwise then as seen c. or remembred not as formed disposed or defined so as to be the subject of a Proposition Since therefore the Reason cannot prepare apt or define unless the Memory or outward senses supply matter nor the Memory without the Reason dispose prepare or define any thing so as to be the subject of a Proposition it does necessarily follow that the Reason united or conjoined with the Memory does prepare the subject of every Scientifical Proposition But in every Scientifical Proposition there must be a Predicate which comprehending the Subject must be understood The Understanding therefore is the prime and efficient cause of all rational Science and the Reason is the formal cause which does dispose and prepare the matter in the Senses or Memory to be comprehended judged or discerned by the Understanding And by consequence the Reason and Memory or Senses are but the Instruments by which the Understanding does generate and produce Science 63. Only Man can rightly infer and deduce particular Conclusions Why only Man is a reasonable creature from universal Causes and can direct his actions conformable to things in his understanding and not to his appetite and senses which is common to all living creatures as well as man only Man therefore is a rational creature 64. All men naturally desire to know And though by Aristotles judgment By what means men attain to Science all Science is begotten from preexistent Knowledge which from things granted does demonstrate the Conclusions yet must there be some manner and method which men must use by which others as well as themselves may understand this or that thing to be a Science or scientifical Conclusion Men therfore must propose that method which Euclid observes or all their science will be equivocal and obscure viz. First to define all those things of which his science is compounded in such terms that every singular or individual may be so comprehended that it may be wholly with all the parts of it contained in the definition excluding every thing else For if a man define a thing so that there be any so much as equivocation in it as that it does not signifie this only thus desined but may something else then of necessity must all the Science that bears a part of this definition be equivocal and uncertain And as the definition must not be equivocal to signifie more then the thing defined another thing as well as this so neither must it signifie less viz. any part of the thing defined for the thing for then all in which this thing is a part will be infinitely deficient and imperfect Secondly After the definitions I require such things as no ingenuous man will deny As that I may adde divide multiply convert c. these things thus defined Thirdly I set down those Axioms Principles Effata Pronuntiata Common Notions or Indemonstrable Propositions which are the first causes of the Science and do demonstrate all the Conclusions of it but in themselves are indemonstrable and for which no reason can be given but only the good will and pleasure of him that made them so And these Principles must be granted before any man can by his Reason produce any Conclusion And if a man denies these Principles all Argumentation is at an end for Contra negantem principia non est disputandum And no mans Reason can work upon nothing nor prove nor find out any thing before something be first granted by which a man may prove it or find it out 65. I have known and know many men who have vast memories Why some men are more phantastical then others and very strong phantasies who notwithstanding have been as unreasonable as any and would never admit of any discourse of any thing they fancied to themselves but upon a very slender opposition would fall into passion And the reason is because they phancie things only because they please them and do not understand them as true And if any man shews such a man some Consequence which will not follow from what he phancies or that it is inconsistible with some known universal Truth then does he seek to supply with passion what he wants in reason because he is crossed in what he desires should be true Whereas men who understand or desire to understand their Thesis or Notion not only take pleasure that nothing can be inferred from it which is false and that it is not inconsistible with any thing true whatsoever but will be so far from falling into passion with any man that opposes it that they would thank any man and take him for their friend that can shew them wherein what they suppose to be universally true is not or that it is inconsistible with something which they suppose to be universally true The Spirit of God says He is a fool that rages and is confident These light phantastical men who will phancie things for truth not because they are so but because they would have them so do not only rage when they are convinced that those things they phancie for truth are made to appear either but verisimilitudes or falshoods but will take them for illwillers who convince them and continue as confident in their foolish apprehensions as before 66. As the levity of the Phantasie which is always in agitation apprehending Why some men are more dull then others things without Reason is the cause why men too suddenly apprehend Verisimilitudes for Truth so the want of Phantasie is the cause why many men of vast memories very slowly apprehend the cause of any thing Where the Phantasie is too light there men apprehend or believe every thing for Truth they affect or desire and are soon perswaded to any thing they are not wilfully prejudiced to Where it is crass and dull and moves slowly or as we say where men are endued pingui Minerva there men are hardly moved to understand any thing 67. Sensible Knowledge is the retaining the Idea of things in the What is Sensible Knowledge memory which before were in the outward senses And there being neither Reason nor Understanding to the attaining of this Knowledge it is common to other Creatures as well as Man The Ox knows his owner and the Ass his masters crib says our Saviour 68. But all Causes from whence men do infer and discourse are not Of Argumentation à Posteriori so perspicuous as are the Axiomes in Geometry or the Laws of God and a mans Country But some Causes are known to Nature and
law of Nature All Ecclesiastical right is by divine positive institution By the 5. Propos it is not from any Humane law therefore by the 1. Notion it is by Divine positive law or institution 7. By the 2. Notion all Humane laws are made by men but it is impossible Jus primi occupantis is not from any humane law by the 4. Notion that men should make laws where no men are therefore cannot Jus primi occupantis be from any Humane law 8. This right of first possession not being only due before Gods revelation Nor from divine positive laws of himself in the Scriptures but also where they are not believed or received it cannot be by the 4. Notion from Gods divine positive laws 9. All Right by the 1. Notion being either from the law of Nature It is from the law of nature or some Divine positive or Humane law and this right by the 7. Propos not being from any Humane law and by the 8. Prop. not being from Divine positive laws it is by the 1. Notion due by the law of Nature It is proved lib. 3. cap. 11. that Subjection is natural and therefore no Annot. natural Subject can put himself out of the power of his Soveraign And by consequence this right of first occupying or finding by any Subject or Subjects is the right of the Soveraign in whose power such Subject or Subjects are and such Subjects are the Instruments of occupying or invention by which this right does accrue to the Supreme Power 10. Jus Gentium is a right which every Nation hath to send Ambassadors Jus gentium is from the law of nature to mediate Peace with any other although in publick hostility with them And this right not being topical but general by the 3. Notion it is from the Law of Nature 11. The Usufructuary right which separated persons for Gods divine The right which separated persons for the worship and service of God have to tythes is from the law of nature worship and service have to Tythes is not only general and therefore by the 3. Notion due by the Law of Nature but also being due and yet by no Humane Law and being due as well where Gods positive Institutions are not believed and received as where they are This right by the 1. Not. is due from the Law of Nature and by consequence the detaining of them by the Laity is a violence upon the Law of Nature for no Humane Law can dispence with the Law of Nature 12. The right of Subjects is either an Usufructuary right or a right Jus subditorum twofold Proprietatis or Usufructuarium is from humane laws of Propriety Jus Proprietatis is when any Subject or company of Subjects have by some Law a right to any individual thing excluding all other but him from whom this right is derived viz. the Supreme Power of the place An Usufructuary right is when any man or men have no right of Property to the thing but only a right to the profits arising from it as a Parson Vicar Judge and Fellows of Colledges have no Property in the Parsonage or Vicarage-house or glebes Judges place or Fellowships of Colledges And these rights neither being due from any Law of Nature nor any Divine positive Law are by the 1. Notion from the Temporal or Humane Laws of every Nation 13. Jura sanguinis nullo jure civili dirimi possint Nor is Primogeniture The right of Primogeniture is due by the Law of Nature only preferred where Gods revelation of himself in the Scriptures are received but where they are not received Their right therefore of Primogeniture is from the Law of Nature 14. It is true that Divine Laws oblige all men alike and so Humane No Divine or Humane laws give Right or Property to any man quà homo but quà talis Laws oblige all Subjects alike But the Right or Property created by Divine or Humane Laws by the Definition is in some man or men excluding all others but him or them from whom it is derived Right or Property therefore being such a mans excluding all others it cannot be where it includes all men either as Men or Subjects Thus the Legislative right is from the Law of Nature but every man as man hath not this Lawgiving right So Jus primi occupantis is from the Law of Nature but every man is not Primus occupans And so the right of Primogeniture but every man is not First-born c. And so Gods divine Laws in the Scriptures oblige all men alike but yet do not they give to all men alike the right of Preaching the Gospel Administration of Sacraments c. but only to such separated persons so qualified And so Humane Laws oblige all Subjects alike but they do not give Right or Property to all alike but to one man or more excluding all other 15. That is Right or Property which is such a mans or mens excluding How Community and Right or Property differ others That is Community which is common to one man as much as another as the Common Road the Air or Sea-water c. CHAP. II. Of Laws 1. AS in all Arts and Sciences there must be some Axioms and Principles Introduction which must prove those Arts and Sciences and these must be first granted and be the reason of those Arts and Sciences and yet no reason can be given of them before any man can deduce any thing from thence for no mans Reason can work upon nothing So in all just and legal actions there must always be some Law given which is superior to the Agents reason and the reason that such an act is just or legal and where there is no Law there can neither be Justice nor transgression It is not therefore the will or fancy of any Agent that makes any action just or legal but the doing of it in conformity to the precept of him who by right commands or permits it which makes it just and legal Et oportet neminem Regula sapientiorem esse legibus And if private mens wills judgments or reasons should be the rule of their actions what one Subject is there of a thousand that would be content with that condition wherein the Law has placed him It is not therefore what I or another judge fit or desire but the directing our actions in common to the rules and precepts of our Superiors by which we may hope to enjoy peace and unity and be before God Angels and Men truly accounted just and virtuous 2. All Laws may be divided into Divine Humane Ecclesiastical or Division of Laws Despotical 3. All Divine Laws are twofold either Natural engraven in the Divine Laws how manifold minds of all Mortal Men whereby they are to worship one God and by all just means to preserve peace with Men or supernatural viz. extraordinarily revealed by God in the Old and New Testament
from long received and established Laws which is the Princes greatest security and therefore in reason ought rather to suffer some mischief from them then venture an inconvenience by altering them Whereas in the other Governments where Factions and mens Interests bear so great a sway they are daily subject to mutilation and alteration And let any man see how unlike all the Parliaments since 1640. have been in their Interests and Factions and all of them would have innovated all the established Laws of this Nation if they could have agreed upon any thing in stead of them Thirdly That it is an unreasonable thing Mens lives and estates should terminate in the Will of one Man and it may be this Man a wicked and tyrannous Man But if it be necessary that these things must depend upon some Humane cause how much better is it for Men to be subject to one Man then many Nor can any thing be objected against Monarchy but will be of more force against either of the other Governments 15. Those Men who imagine to frame a Democracy or Common-wealth It is abhorrent and impossible to frame a Common-wealth in England from the example of the Romans and Athenians here in England from the example of the Romans or Athenians c. let them consider two things First That by a general abhorrence of Mankind Democracy hath been exploded upon the face of the Earth for above 1700 years if the Cantons of Switzerland be not Democratical who have almost ever since their Rebellion against Wenceslaus about the year 1400. when they first formed themselves into a Democracy continued mercenary Mankillers to the Interests of the Pope and the Kings of France and Spain Secondly The state of the Inhabitants of Rome and Athens were the People who were Civitate donati Libertines or absolute Slaves but with us the Case is quite another thing for every Man hath as much right to his Freedom as another by birth It is therefore meer folly from Causes so unlike to produce like things Besides if a man considers the condition of this Nation ever since Monarchy was rejected that in less then the revolution of Twenty years the Publique Charge hath been twenty times more then in Five hundred years before Not only the Nobility and Gentry in general sequestred and undone but the Publique Revenues both of Church and Crown wasted and sold all Veneration of Divine and Humane Laws lost and neglected all Commerce with Foreign Nations interrupted and the Nation hated and despised by Foreigners the most Renowned places which the Piety of our Ancestors founded for the Worship and Service of God prophaned and made Stables for Horses The Governors in stead of minding the Publick good intending only by all unjust means to prefer themselves and creatures And at this day a greater Debt upon the Nation then our Parliaments for 400 years have given our Kings except the sacrilegious gifts of Church-lands and the Nation still degenerating into worse sure no sober man would be in love with Commonwealths CHAP. V. Of Sedition 1. BEfore we proceed to the Fathers Husbands and Masters Power Of Sedition it will not be amiss to take a short view of Sedition and what disposes men to it of themselves and how they are disposed to it by them who are in supreame Authority Sedition properly signifies Seditio quid a going apart or asunder As the submitting and uniting of Subjects to their lawful head causes peace and quiet from whence follows ease and plenty so sedition causes discord and War which unless timely suppressed either ends in Tyranny that is by setting up one or more of the seditious in place of him who by right ought to command or opens a gap to be overwhelmed of forrain powers See Hobbs de Cive cap. 12. 2. This is the most antient sin the first of our first parents the desire The desire of judgment disposes men to sedition of being like to God judging good and evill Therefore God sent him out of the garden to till the ground Gen. 3. 22 23. Absoloms ambition was that he might judge the land 2 Sam. 15. 4. which only did belong to his Father and by the First proposition of cap. 3. lib. 2. all judgment belongs to him who is supream The opinion therefore that judgment of good and bad belongs to the Subjects in general or to any in particular is a seditious opinion It is impossible that judgment removed from the head should abide any where for the unreasonable appetite of men doth deem things good or bad not as they are in themselves but as they appear profitable or not to them from whence it comes to pass that the same action is praised by one man as virtuous and by another is blamed as vitious neither can there be any remedy for this thing but the submission of every mans judgment to the judgment of another Besides judgment of good and evil is to put an end to all difference and what end can there be of difference when as either every man may judge alike or no man can tell who shall be Judge 3. It was Adams answer to God when he asked him whether he had Disobedience to Lawes eaten of the tree whereof he commanded him not to eat The woman which thou gavest me gave me of the tree and I did eat It is usual with seditious men when they are disposed to sedition to oppose the laws of God against humane and plead conscience because through their stubbornness they will not receive humane laws What follows No private man but may assume to himself as much liberty as another and every man will desire to seem as tender-conscienced as another so that In nomine Domini incipit omne malum Men pretending conscience destroy all society and government It is therefore a seditious opinion to affirm that subjects sin obeying their Soveraigns in all things not contradicting Faith Religion or the Law of Nature 4. When men abound with wealth and ease partly by their own natural Ambition affection and excited by their flatterers deem themselves slighted if they have not honor and power in their conceipt proportionable to their wealth no wonder if they study novelty to acquire popular affection in lieu of what they call Court-favor 5. When men are over-conceited of their parts and abilities and because Envy they are not preferred in Church or State according to their desires use their abilities to promove the affections of a faction contrary to what is Trump as they call it which where liberty may be not only disputed but opposed to Prerogative shall never be wanting a small deale of wisdome serves the turn a little eloquence is enough if they can use some small flourish of words no matter whether they be to the purpose or not at Markets Sermons Bull-baitings c. and then tell the auditory that this thing done in State is against law and that thing
might not be aliened or made worse by the Possessor yet so that she left a gap open for herself and her Favorites to prey upon it which was after shut by King James and with great care secured by King Charls All this while grew up a Faction in Church and State which became the ruine of both For not only in the Church the Publique Liturgy Communion or Religion was vilified and defamed but the Governors reviled with all opprobrious names of Tyrannical Antichristian c. It is true the Majesty of the King was not so openly reviled yet was it insensibly daily undermined by them in which they were much assisted by a company of half-headed Lawyers who in all Assemblies distilled this doctrine into ignorant men That the Law was above the King and that they had Property against him in their estates and goods Whereby not only Citizens and Great places became generally inclined to this new doctrine of the Teachers and Lawyers but the Country-Gentleman thought himself independent from the King both in his life and estate the Yeoman cared not for the Gentleman and as little regarded the King so that the veneration of the Royal Name became every day more contemptible and despised all honor and reverence due to the King Church was converted unto these Patriots of their Countries Liberty and New Lights Nor could the Church relieve the Crown although the Governors were well-affected towards it being by all the Faction more hated than the King became despised until in the end the chief Governors both of Church and State not only became Victims to the rage and lust of seditious men but the Revenues of both a prey to their avarice And now what is left for this miserable Nation to expect having forfeited all Piety and Allegiance to Gods Church and his Anointed but after all this consumption of the Blood and Publique and Private Revenue of the Nation and having lost all Reputation and Commerce abroad for the future to be Turk-like governed by armed and hungry Soldiers without any probable hope of Redemption Object It may be it will be here objected That though poor and contemptible Princes be rarely long obeyed especially where their Subjects are opulent yet had the Church never so great veneration both for power and piety as when in the Primitive times it was poor whereas afterward when it became rich and mighty it did degenerate into many vices and heresies and lost much of estimation and piety which it had in its poverty Answ I grant that God did by his grace and power originally by a company of poor men and Fishermen against all the greatness of worldly power miraculously plant a Church and that those poor men sent by God were supernaturally inspired by his grace which not their poverty was the cause of their piety and sanctity and that they were so highly honored by primitive Christians yet sure when God hath supernaturally planted his Church it cannot be in reason expected he should preserve it always by miracle And sure those are very ungrateful men not to contribute ordinary means for the preservation of what God hath extraordinarily planted Nor is there any thing more vain then to imagine that men are better for being poor or that according to the ordinary course of things they will not be by men in general esteemed vile and contemptible who are so Nil habet infaelix paupertas durius in se Juveual Quâm quod ridiculos homines facit CHAP. VI. Of the Fathers power 1. UNumquodque resolvitur in id ex quo componitur Dust shall return to the Introduction earth as it was and the Spirit to God who gave it Eccle. 12. 7. It is not the good will and pleasure of the All-prepotent God that only the individuals of one age should see the greatness of his Majesty and power therefore he was pleased to create man as well as other Creatures in this inferior or be in a * If Adam had not been created in a Mortal State the Sacrament of the Tree of life had been a vain institution mortal state yet he endewed him generativa facultate that though he does dye in his person yet he should live in his posterity and as one generation passeth away so another commeth but the earth abideth for ever Eccle. 1. 4. 2. There is nothing more evident then that in perfect Creatures of The power of Parents alike over their Children which man is the most perfect that God is the prime and efficient cause or God working by naturall causes the Sun is the efficient cause and Male and Female the Instrumental Sol per hominem generat hominem See Harvey de generatione Animalium Cap. 33. Man and Woman therefore being the means whereby God does renew the species of Mankind and all Creatures having power over themselves in all things wherein they are not restrained by some natural or humane Law and every Child being alike part of either of his Parents the Power of Father and Mother is alike over their Children and so by consequence the subjection and obedience of every Child is alike due to Father and Mother And to honor thy Father and thy Mother is the First precept of the second Table of the Decalogue 3. Man and Wife being but one person and the Husband being the Why in Matrimony the power is in the Father head of the Wife and the Wife being in the power of the Husband the Husband hath the power and command as well of the Children as of the Mother yet the piety and observance of Children to their Mother is as much due as to their Father 4. Grotius cap. 5. art 2. de jure belli pacis out of Arist pol. 1. cap ult Grotius his opinion of the Fathers power eth 5. cap. 10. distinguisheth the Fathers power over Children into three times viz. 1. The time of their imperfect judgment 2. The time of their perfect judgment 3. The time when they are out of the Fathers family In the first all the actions of the Children are under the command of the Parents In the second time whenas judgment is matured by age and are of the family they are subject as part of the family In the third when he is matured by age and out of the family the Son is in all things 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 of his own right Yet he says and truly parag 5. The Fathers power so follows the Fathers person that it can never be pulled off nor transferred to any other for the Fathers power arising from generation is due to him by the Law of Nature and so always the same if not aliened by the act of God And therefore * Confuted Quando Ubi make no alteration in the Fathers power for it is the same when the Son is an Infant and when adult when he is part of the family and when not 5. Where the Law of Nature gives a
those that are Deciners elswhere to enquire of the offences personal and of all the circumstances of offences done in those Hundreds of the wrong done by the Kings or Queens ministers and of the wrong done to the King and the Commonalty But this ought not to be done by Bondmen or Women but by the Oath of Twelve Freemen The County-Court which the Sheriffs hold from moneth to moneth County-court sec 9. or from five weeks to five weeks according to the greatness or largeness of the County Of Court-Barons and Hundred Courts Court-Baron c. sec 10. The other mean Courts are the Courts of every Lord of the Fee c. Pipowders sec 11. Courts of Pipowders And that from day to day speedy Justice be done to Strangers in Fairs and Markets as of Pipowders according to the Law of Merchants Court of Admiralty The King hath soveraign jurisdiction upon Admiralty sec 12. the Sea Courts of the Forrest The Kings Ministers of his Forrests have Courts-Forest see 13. power by authority of their office to swear men without the Kings Writ for safeguard of the peace and the Kings right and the common good c. He treats of the Professors of the Law as Counters who are Serjeants and Pleaders Of Attornies Of Ministers of Justice as Viscounts Coroners Escheators Bailiffs of Hundreds c. And also by the antient Kings Coroners were ordained in every County and Sheriffs to keep the Peace when the Earls were absent from their charges and Bailiff in lieu of the Hundredors c. Of the Prerogatives of the King as of Deodands Alienation to Aliens Teeasure found Wreck Waif Estray Chattels of Felons and Fugitives Honors Hundreds Soakes Gaoles Forrests chief Cities chief Ports of the Sea great Manors These held the first Kings as their right and of the residue of the Land did enfeoff the Earls Barons Knights Serjeants and others to hold of the King by Services provided and ordained for defence of the Realm It was ordained that the Knights Fee should come to the eldest by succession of heritage and that Socage Fee should be partable between the Male-children and that the Liege-Lords should have the Marriage He treateth in the first Chapter of Crimes and their divisions of the crime of Majesty of Fausonnery of Treason of Burning of Homicide of Felony of Burglary of Rape c. In the second of Actions of Judges of Actors c. In the third of Exceptions dilatory and peremptory that is Pleas to the Writ and in Bar c. of Trial by Juries and by Battel of Attaints of Challenges of Fines c. In the fourth of Judgments and therein of Jurisdiction of Process in criminal causes and in Actions real personal and mixt So as in this Mirror you may perfectly and truly discern the whole Body of the Common Laws of England Thus far Sir Edward Coke Mr. Lambert in his unfolding the difficult things and words in his translation of the Saxon Laws says King Alured when he had made a League with Guthrun the Dane having followed the most prudent counsel given by Jethro to Moses first divided England in Satrapias Centurias Decurias He called Satrapiam 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which signifies to divide He called Centuriam 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and Decuriam 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that is a company of Ten men and by those names they are called to this day And that no man might be ignorant the Decuria did consist of Ten men whereof all of them were pledges that every one should be forth-coming to any Action in Law and if any one did any damage the other were bound to make it good and from hence the other nine were called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that is Free-pledges we in the Pleas of Courts call them Francos plegios The tenth man 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 called the Decurio or Tithingman by which name he is most known to the Eastern English at this day Others call him 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 others call him 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that is the first or chief Surety or Pledge The Kentish men call him Borsholder corruptly for 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that is the first Surety Centuria or a Hundred was made up of ten Decuria's as one Hundred is made up of ten times ten This viz. Hundred the men beyond Trent called by another name not unknown to the common people 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Wapentac Alured then further ordained That every man of free condition should be enrolled in some Hundred and be conjoined into some Ten-men company That of lesser businesses the Decurions or Court-Leet might judge and if any weightier matter were it should be deferred to the Hundred or County-Court Lastly that the Alderman and Sheriff I take it he calls them Senator Praepositus should compound the most difficult Suits and of greatest moment in that frequent Convention from all parts of the Shire or County And what the manner of judging was King Etheldred in the fourth Chapter of his Laws which he enacted in a full Senate or Parliament at Vanatnigum 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Woodstock expounds almost in these very words In all and every Hundred let there be Assemblies and that Twelve elderly men of free condition together with the Sheriff Praeposito be sworne that they will not condemn the Innocent or absolve the Guilty So that Mr. Lambert seems to be of opinion that the Common-Law had its origination from King Alured or Alfred who was King of all England and a most victorious pious prudent and glorious Monarch about the year of our Lord 890. And from a most deplorable condition by reason of the Danish invasion and robbery reduced it to a most quiet calm and laid that foundation upon which the body of the Common-Law is since builded But whosoever was the first Founder and Establisher of them certain it is they were antient and Laws which better suit to the nature and disposition of English-men then any other that are or ever were in the world would do 2. As those general Usages or Customs which are generally observed Particular Usages are called the Common-Law so there are almost infinite particular Usages Prescriptions and Customs in several parts of this Nation which are observed as Laws by the Inhabitants of those places and to all intents and purposes have the effect of Laws 3. Statute-Laws are Acts of Parliament which are neither general Statute-Law nor particular Customs but are Laws made by the Kings of this Land in Parliament upon sundry and diverse occasions according to the then occasions as they represented themselves For although all innovations are dangerous and therefore if it were possible no doubt it were best that humane Laws as the Laws of Nature might be immutable and eternal but as God hath created all things transitory and nothing in this world the same the next
where the person of the buyer is not to be considered whether greater or lesser richer or poorer but an equal value or price is and to be taken by the vendor for such a commodity be the buyer rich or poor Distributative Justice consists he says in Geometrical proportion and is Distributative referred to the dignities and merits of men so that here men ought to respect the person and the quality of him to whom any thing is attributed or given 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 more to him who is more worthy and less to him who is less worthy 37. It is true indeed That if in Promutation a man sets such a value Corrective Justice examined upon such a thing and does not respect the person or quality of any buyer that then such vendor does equally to all sellers and in exchanging observes Arithmetical proportion But if it be true as it is that he says That he is a Eth. l. 5. c. 2 3. just man that keeps the Laws and that there be no Law which sets a price upon what thing the seller exchanges or sells to another then it cannot be a sin of Injustice for any vendor not to observe this Arithmetical Rule which Aristotle propounds in Promutation 38. Nor is it less true That if a Prince in conferring honor or otherwise Distributative Justice examined rewarding a man for any merit or great service done to him or his Countrey gives more honor or reward to such a man then to another deserving less then such a Prince does a prudent action and observes Geometrical proportion in it but what is this to Justice For if there be no Law commanding such a thing then cannot the not doing of it be a sin of Injustice nor is it properly a sin of injustice not to reward or repay benefits but of ingratitude Grotius Lib. 1. Para. 8. disputes against the opinion of Aristotle That Grotius his opinion of Justice Justice is properly distinguished into Arithmetical and Geometrical proportion but Paragraph 9. where he should declare what Justice is he onely confounds Jus Lex Justitia and instead of setting down what Justice is which he neither does here nor any where else that I know of he forsooth divides Jus into Jus naturale voluntarium which may signifie either of them or both together hum drum Community and Property the Law of God immutable by God himself and yet mutable by the will of Man In the Dedication of this Jus Belli Pacis he makes Lewis the Thirteenth to be just because he does by imitating him honor the memory of his Father yet do I think there were scarce ever two men more unlike and just because he does by his example instruct his Brother and just because he gave his Sisters great Portions just because he inflicts no great punishment upon his rebellious Subjects sure never man took Mercy for Justice before and just because he allows his Subjects Liberty of Conscience CHAP. II. Of Obedience 1. OBedience is the accepting of the Law or Command of him who Obedience what by right commands when I by no act of my will put any obsticle whereby such Law or Command may be executed or received 2. Obedience differs from Justice as a part differs from the whole Obedience How Obedience differs from Justice is implyed in Justice Patience is onely necessary to Obedience but Agency to Justice Every just man must be an obedient man but the converse do not always hold That every obedient man is a just man As a Prince commands such a man to be a Justice of Peace c. in such a Town or Division he is received by them of the Town or Division This is an act of Obedience in them of such a Town or Division not of Justice because they are Patients onely and not Agents 3. Disobedience is the refusing to accept the Law or Command of How Disobedience differs from Injustice him who by right commands Injustice is the counterfeiting Obedience to Laws and yet abusing them to the prejudice of another As he who by right commands me to do such a thing if I refuse to do it This is a Sin of Disobedience If I undertake to do it and instead of upright doing of it I abuse it to the prejudice of any man this is a Sin of Injustice 4. Obedience is not only a virtue in it self but also the first and only The Excellency of Obedience Introduction to all virtues Theological and Moral For not only in Moral virtues I must subject my will to the rule and precept of him who by right commands but also in Theological virtues my will must be the patient and admit of Gods grace as the prime and efficient cause before it be possible that I should be qualified to do any virtuous action either Theologicall or Moral and God being all good and a lover of Man and hating nothing Philanthropos that he hath made freely offers this his grace to all men and it is mans fault and stubbornness that he refuses to admit of this grace of God without which nothing can be good nothing can be just or virtuous without which no man can reasonably hope for any Temporal happiness in this world or eternal Beatitude in the world to come 5. It is not alwaies the doing or abstaining from what is commanded Gods Grace only is the true and efficient cause of virtue in men or forbidden which is virtue but only the ingenuous and upright doing or abstaining from that which is commanded or forbidden as it is commanded or forbidden by him who by right may command or forbid I say that Ingenuity integrity and abstraction from all affections of profit pleasure love hate feare c. are essential to all virtues for if the doing or forbearing any action proceeds from any of these causes then is not that action virtuous but profitable pleasant lovely hateful fearful c. Jehu did what God commanded him in executing Gods judgements upon Ahabs posterity but not doing uprightly what God commanded him in that formality as God commanded him but if ye be mine and will hearken to my voice take ye the heads of your Masters Sons and come to me to Jezreel to morrow 2 Kings 10. 6. by this time and then instead of pittying so great a calamity upon so many young Princes insulting over them he in derision saies to the people Ye be righteous behold I conspired against my Master and slew him but who slew all Vers 9. these hence it was that God said I will avenge the blood of Jezreel upon the Hosea 1. 4. house of Jehu say Interpreters But it was a virtue in David to forbear the killing of Saul whenas he could have done it and was promised by God to be King after him and in Jehodajah to preserve Joash although by danger of his life It was not virtue in Amnon to abstain