considered with the possibility of effecting it Chap. 27. pag. 147 148 149 Shewing 1 That to fit children for publicke employment is not dispriviledge 2 That if the Magistrate takes this care it s better then the Parents can be it eases him and ought to be submitted to the benefit is most to the poorest who are aptest to repine 3 All to be done by a publicke equal rule 148 4 Further considerations of the causes of unequall rating 5 The duty of a wise Magistrate to disburthen his Land when over-numerous 6 Setled wayes to make the work acceptable 7 No place or Person to be freed from payments 149 8 How personal estates are to be rated that equality may be 9 The end of all punishments publicke good Chap. 28. p. 149 150 shewing 1 That the Magistrate ought to regulate or give Rules for Families 149 2 The Jewish Husbands Power was absolute 3 Some men cannot rule their wives 4 Necessary to settle some Law to avoid known evils 150 5 The like for children 6 The like that Parents may provide duly for their Families 7 None to keep servants but such as are able to maintain them 8 All servants to be inrolled 9 None to depart c. without a Certificate 10 Birth and Age of children to be kept by a sworn Officer 11 Inholders power in their Family and duty to their Guests Chap. 29. p. 51 52. shewing 1 Parents heretofore naturally had absolute dispose of their children 151 2 They unnaturally exposed them 3 Their duty is to sustain them till fit for labour or marriage 4 Reasons that the Magistrates may and ought to appoint the Ages of Marriage 5 Contrary reasons refelled 152 6 The Magistrates power after set Age to allow the child their choice in some Cases and to inforce the father to some portion 7 The act of Marriage is properly the work of the Magistrate Chap. 30. p. 152 153. shewing 1 The municipal Law of England better then the Imperial Law in appointing Guardians and Tutors 152 2 The Magistrate yet to appoint the Guardian answerable for the value at the time 3 The discharge of such Guardian ought to be valid in Law 4 If a Guardian prove unfit the money to be paid to a publike Treasury thereto appointed which shall allow some maintenance 5 To appoint how inheritances shall descend and by whom division to be made 153 Chap. 31. p. 153 154. shewing 1 How Cities and Corporations or Towns first arose 153 2 Its fit to continue them 3 To inable them by certain Laws to maintain their Societies 4 These must be according to the nature of the place Maritim eor Inland 5 They must have Laws for all inhabitants according to emergency evil Laws that is where a better is seen must not be sued upon after confirmed but complained of and continued till a new one made unless absolutely destructive 154 6 Particular persons not to question or disobey a setled Law Chap. 32. p. 154. shewing 1 Customs ought not to be pleaded as Law till allowed by the Magistrate 2 They ought to be after allowance Published and Recorded yea Printed 3 A book so allowed to be kept in each place where the Custome runs Chap. 33. pag. 154 155. shewing 1 The Magistrate is to defend against private force as well as publick 154 2 A further consideration of the Magistrates war against internal vanities 3 The Magistrates Power and Duty as to observation of a Sabboth 4 A way to know the Masters diligence in a Family 155 5 A consideration what to be done with Heathens in that case 6 A consideration what to be done to Absolute Popish Papists 7 A consideration upon the whole whether the Christian Magistrate may go to war Chap. 34. pag. 155. shewing 1 That its unsafe to trust Strangers with Arms but Natives 2 The Reasons against it confuted Chap. 35. pag. 156. 157. 158. 159 shewing 1 All humane settlements how wise soever vain without a blessing from heaven 156 2 Absolute dependencies are the Nurses of feuds and jealousies 3 In case of civil broyls none justly to be suspected to be intrusted with Arms after dominion obtained 4 Otherwise all to be appointed to arms or works or paiment towards both according to proportion of estate 5 Wisdom not to charge many arms upon vast estates but to abate some for paiment and also 157 6 Towards maintenance of these all Lands and Stocks to be charged 7 Fit to allow abatement for money as for Land after discovery 8 Commissioners to be Judges and apportion charges out of lands charged arms where Rents issue out 9 Jurisdictions for this ought to be setled 157 10 The best way as yet to charge Arms. 11 All Arms to be Recorded and owned the Commonwealths 12 Fit men considered 13 A Military Oath fit both to Officers and Souldiers Reasons discussed 14 Other offers of Settlement 15 Some consideration of our present condition 16 The general way to root out heart-burnings 158 17 The vanity of meer Machivilian Policy 18 Pay considered for Officer and Souldier 19 Whether fit to pass at all in time of peace 20 How Officers are to be tried and punished 21 Some necessary power to be in Judges of Arms as in appointing makers and sellers of Ammunition and keepers of publick Houses of Resort as Tavernes Inns c. 22 An advice to Judges and Officers at Arms to be wise and strict in Order and Discipline in regard all Government receives strength from them 159 Chap. 36. pag. 159 160. shewing 1 The difference 'twixt an Appeal and an Inditement 159 2 How Appeals come to be wholly discussed 3 How fit it is to compromise both the interest of the Prince and Subject 4 A way to do it legally propounded 5 Creditors also to have a portion 160 6 The Error to want Commission alwayes to try all offences in all Counties 7 Deodands superstitious 8 Security in case of words threatning life 9 The benefit of this proceeding Chap. 37. p. 161. shewing 1 That violent presumptions and lesser suspitions are to be considered 2 In violent presumptions any one to apprehend a felon c. 3 In probable ones onely the Justice must grant a Warrant 4 In either of these cases no suit unless the cause feigned or a meer conspiracie 5 The Military power may assist the Civil Chap. 38. p. 161. shewing 1 The benefit of speedy trials 2 The evil of delayes 3 Prisons to be nowhere but in walled Towns 4 There to be reasonably maintained unless able of themselves 5 The Goaler to have his stipend c. 6 Treasurers to whom the States Attorny should account 7 To use their Trade in prison if it may be c. 8 Better restrain private Liberty then endanger the publike Chap. 39. p. 162. shewing 1 That one word viz. Bail be used for all undertakings for appearances legal or duties enjoyned to or by Courts 2 No bail in high Treasons but in misprizion 3 Speedy Tryal necessary here
ought be paid out by the Guardian but necessary expences according to the proportion of the Estate at a fixed rate not above Let the Guardian be appointed by a sworn and also answerable Magistrate for the value And the discharge of that Guardian or any Guardian by Nature or Nurture as to any estate accruing to the Infant under age so they be visibly responsal at the time ought to be as good as any mans of full estate and as to them that are visibly unable or evidently debaucht indebted c. then the person or persons that are to pay ought to pay it to the publick Treasure of the City or County which ought to that purpose be setled to be paid at full age to the infant and in the mean time 5. l. per cent and no more or four as the chief Magistrate shall see reason to enact And for successions in inheritances to real Estate let it be in case of the death of any brother c. as the Magistrate shall agree whether all to the next of the whole blood or the son of the second wife to succeed before the daughters of the whole blood Or in case of division a double portion to the Eldest and the rest equally divided the division to be made by three persons one chosen by the Eldest a second by the rest they two to chuse a third man and for personal estates all to be equally divided and the division as to value to be setled who ever be intrusted to the ordering of the matter before ought done besides burial of the dead onely decently and paying of debts Whether it be requisite to have Cities Town Corporate c. And they to have Priviledges and Laws And whether all ought to have like Priviledges and the best way of trial of Laws or probation of Laws and by-Laws AFter the youth be grown to Age they are to become sharers in Trusts and Duties and Offices of the Commonwealth some in the Countries some in the Cities for the evils of Depredations Thefts Roberies c. did at first necessarily cause men to gather into Societies and Companies and the same end of safety in time of War to have strong places to retire to is still and the same necessity did inforce Laws diverse from the other places of the Country here were Taxes for repairing of Walls Bridges Defences Watchings Wardings Pavings cleansing of Streets Common-Sewers and the like which were certain hence the taking people infected with the Plague c. from their own dwellings and removing them into places specially appointed according to their quality hence men are liable to Laws of conveniencie temporary or ought to be and that for peace sake which saves life absolutely healths sake and trades sake which are but comforts of and for well-living but most assuredly Cities being necessary and Towns It is necessary and of necessity to maintain and allow a necessary distinct Law within the Precincts not as Franchises against Law but of diverse Laws according to the necessity of the place and the trades there driven Now the Laws of Cities c. though they must in the regards aforesaid be diverse yet in respect of their proper nature as bodies corporate they ought all prefixedly and positively to have those Laws set and known and a due enforcing power in a speedy way for the standing out of a man in a tedious suit cools all obedience as Experience manifests clearly Therefore draw and settle the Government of these places by a head Law the Charter-Grant is but the foundation of Bribery and Extortion Nurcery of Prerogative and Arbitrary Liberty and fit to be avoided Experience hath so evidenced the Truth that I cease to contend and onely assert This head Law must distinguish Inn-land and Sea-Towns and Cities for the other Laws respectively they are communicable generally one to another onely the particular Regulation of Trades which must have special power well setled to regulate the exorbitances of the Artificers particularlys And to that end they must both Cities Towns and Companies have power to make By-Laws which are to be approved Now to that one word to the probation of Laws and By-Laws which being respectively for the Nation Cities Towns and Companies of publike concernment and what are of particular use may have a general influence Therefore it is requisite after a defect Seen to propound the defect and remedie which the then chief in Trusts respectively for City Town or Company think fit to the City Town or Company That being done the same to be promulged for a Law if allowed but not so to be received for a short set time during which any Citizen Towns-man or Artificer is to bring his Reasons in Writing against that Law and propounding a better or offering expedients to remedy visible evils and only leave their Reasons Then is the Supream Officer to cause them to be searched read and debated if great difficulty arise to take the opinion of the Judges in Circuit appointed who are to determine the difficulty or the Law as appointed by the Magistrate to stand if they find difficulty then to state the Case and present it to the Representative of the Nation who are to discuss and allow the same alway es provided that for Regulation sake from one moneth after need seen of a Law and promulged by hanging up openly in several the eminent parts or places of the City Town that Law to stand though not so good till another Law be established by them or the Supream Magistrate for better an evil Law then none at all No Law after once established to be questioned by particular men which enervates not onely the particular Law or Priviledge but tends to confusion and as no City nor Town so no company ought to be without due Regulation nor any person but in and of some Company Decree or Order setled and known Whether and how Customs are to be admitted as Law CUstom hath necessarily been accounted part of our Law and that rightly as to the Rule namely That no Custom is good unless the same be reasonable yet this admitting of Custom among Christians is of the prophane Apostate Church and Commonwealth for by this Rule the whole Family Township City County Nation may as we have done live all dayes of our life under evil wicked and pernitious Customs Therefore the Magistrate ought to admit nothing to be pleaded as a Custom untill allowed by certain Judges who allowing or disallowing the Custom as reasonable that is justly to be used by not onely men but Christians the same is equal to and is indeed the Law temporary or setled for a certain limit or more generally or universal as the nature of the thing is this will avoid the ingendring of all sorts of corrupt envious and self-seeking Customs and cool our greedy devillish upholding of them by manifest and open perjuries and the like Then that all particular Customs of particular places be inrowled under
malice of the enemy subtil to deceive they generally drive at two things Community and Parity the one against the Tyranny and Oppression c. of great men in power the other against the covetize selfishness luxuriousness c. of rich men Now these things O you great and rich men do most assuredly as you rightly conceive tend to mutiny to nourish feuds and envyings betwixt the multitude and you All that I say is remedy not these evils by worse you know what Beast you have to deal with it s of such stomack and force that Prudence must have the honour of the management if you subdue know its but by a part of the Beast you must admit the Allusion and what in the winding up hath been the issue of these things the Pretorians at Rome the Mamelucks in Aegypt and others now testifie Consider therefore what you have to do God hath set all these as signs and tokens to you if you fall the evil is of your selves your improvidencies lightnesses and instabilities your odd and incertain followings of providences evidence your fears those your doubts those the error of your principle all things work contrary O that every interest now could lay it self down at the foot of Jesus and say I part with all for thee and then take up all it hath as from him and of his gift and be ready to part with it to morrow Should we then live as we do now How many would then give to the poor to day lest they should have nothing to give to morrow How would they then not delight in luxurious Apparel Housholdstuff c. wherein multititudes of riches lie dead and buried lest another should enjoy them to morrow I know this to some melancholy spirit may give occasion to think I aim at or give too great footing to Community and Parity for they should in such contemplations cast away all but I speak to the setled Christian who knows its lawful to use the world but all in due order and as its lawful to recreate but spend more time in prayer then in playing so it s lawful to rejoyce in and to have that we may rejoyce in outward blessings but glorifie God with a greater portion to the poor then thy superfluity amounts to I intend a due and just reproof to excess and prodigality Keep not all horses and doggs some poor not all in cloathing thy self some to the naked and thy self with moderacy and yet if thou dost these things thou meritest not Heaven but thou avoidest the scandal of men Now that this is not done is the fault of the Magistrate O Watchman its thy duty but thou settest up for favor and by-respect lazie idle and ignorant and some evil Watchmen therefore the work is not done and that thou mighest trust these thou madest thy Law to extend to each matter or so intendest and this was for two reasons one that fools or any might not err for the Letter was their guide the other that they that would abuse their power might not and by this not having each week a new Law as occasion grew Justice and Government is lost for act by these particular Laws who can in one hundred thousand things justly requiring remedy The poor are thus sold for less then a pair of old shooes If you would give a remedy to this authorize some few or many who shall examine and determine all actions by or against any person not worth an hundred pounds for no Tryal can be under twelve pound and the eighth part of all a man hath indeed of the thing in controversie to be spent in trial of whether my horse be mine or thine my knife nay the sheath of that knife is a woful thing in a Christian Commonwealth I shall not declaim against it but onely say its contrary to the worst of Heathens proceedings I intend not to make the wound wider while I desire healing the difficulty seems to be onely to perswade men this is a wound I have been as lenytive and gentle in opening this Orifice of the ulcer of the Law and its practise as may be I acknowledge it my Profession not my Practise and I account this according to the Head Rule of Englands Law rather the Practise then the Principle the error of Custom and interest from men then of the Law I hold forth nothing for Law which is treated of in the Laws of England but according to the general rule of that Law holding nothing contrary to the Law of God or just reason to be its Rule all which I am ready to all or any particular to manifest when ever called thereto And now I come to speak one word to the people You are of many sorts and many interests you have but as I find the worst and wickedest as educated professing Christianity I advise you first to labour as such to approve your selves you have its probable been most of you Baptized the Covenant is indelible after once you have I say not been Rebaptized or Baptized with the Spirit but owned that Covenant in the name Baptism you are a debtor to the Lord Christ of all the duties of the Gospel This then O poor Christian goes far it s the Magistrates duty to rule well so 't is thine to obey well 'T is the same with you as with the people in Christs time when the great and powerful men speak the Law and hold forth duties of Righteousness do as they say however they do It s the Magistrates duty to hear and receive in a right way just things from you and by the implicite Reason of power onely to vote them unreasonable and scandalous is unsatisfactory but if they do so remain you in your integrity break not out against them untill the Lord shall open a way he will do it in his due time go on and satisfie thy soul in thy own righteousness I say so Comfort thy self in the mercy of thy God who hath given thee to see others failings and though thy condition be poor and needy yet break not out This I say of this great scarcity which hath faln upon us wherein I believe many have perished yet the evil hath light on the rude stubborn disordered poor against whom mens bowels have been shut up walk therefore according to the condition wherein God hath set you exalt not your selves against great men no nor against rich men they will be too mighty for you poor and proud is a high judgement it brings misery with rejoycing I know many of your souls die within you when you see the wicked full their eyes stare with fat you wait upon God and your children famish yea many hence think God regardless so unjust at first at last deny him Fools know 't is his Wisdom he punishes or tries or both he punishes the body in the want of temporals for breaches of duty to thy brother neglecting the creature or abusing it and the Creator in it He tries
Councels made the world and every living thing whether Angels or men in heaven or in earth which perfected The Almighty wisdome though it could have otherwaies gloryfied it self thought fit among all the Creatures which his hands had made to raise man to that pitch of honor as to make him not only the object of his love but in some sort the Author of his honor who is the fountain it self or original spring of honor and all other vertues and excellencies and this he himself acknowledges by several expressions of his own and Prophets when men have yielded obedience to his Commandments saying they honored him or gave glory to him Yea indeed it will be acknowledged of all sorts of men that the end of mans Creation was as is the work of every Artificer the glory and honor of the Creator and maker Therefore the same wisdom that Created man even while man was yet simple and pure in the absolute height of his first created perfection put him under the obedience of a Law and Rule in word to the keeping of which those first principles which we call the Laws of sense and reason were but subservient But man kept not long that station but disobeyed the law of his most high Creator by which error or fall it s concluded and agreed by all Christians that the whole nature of man was corrupted and tainted and from being the sons of God in pure creation all mankind became the sons of Adam by natural propagation bearing in our bodies the sting and marks of our first sin in our daily and continued transgressions thrust out from the presence of our God and could dwell no longer in paradise And now the Laws of sense and reason were mans rule God not holding that lively communion with man which he did before to prescribe him particular and positive Commands or Laws at least that we read of Yet the goodness of our Creator transcendently appeared in that while he breathes forth threatnings to his disobedient servant nay actually punishes him in ejecting him the earthly Paradise the Type of the heavenly Rest he opens a door of comfort in so sweet promises as he there annexed of the hopes of a Saviour under which Covenant he pleased in all ages to take a special regard to some men in and by whom the family and houshold of God was continued and to these he several times and by several manners revealed himself whether by Dreams Visions Angels or otherwise is not so materiall to be here discust and taught them the Laws and Ordinances of his house which Laws we see were not so contrary to the Law of pure Reason or the inherent law of nature that they wrought division or separation either amongst themselves or with others or so perspicuous to the eye of mans reason that each wanderer saw the wisdom of the Father and immediately followed that rule and dictate of the divine Spirit of which families or housholds it is conceived the Lord had several in divers Countries at the same time but as being least questionable most proper to a Christian and so most subservient to our end we shall only look at the direct line of scriptural genealogy from Adam to Noah and so to Abraham of whose posterity in the twelve Patriarcks was found the people of God the holy seed among whom were in his due time shewn the Oracles of God the depth of wisdom both for the government of Gods people as men or Saints by the Lords annointed and every inferior power under the civill Scepter or by the royall Preisthood or inferior Levite under the Divine declaration How far Adams power extended or how absolute it was I shall not controvert nor yet Noahs but this we may see that it was so paternal that we read not of any censure that he gave to Cain upon his brothers murther though we see God did but how it was effected whether only by the voice of conscience or otherwaies is so difficult that we will not guess but conclude had the knowledge of it been material either for Gods honor or our good the holy and wise God would not have so obscured it nor yet gives God a precept against murder but gives it Noah after the Flood That it was want of absolute power afterwards that brought such loosness and disorders upon the world whereby sin in the successions of generations from Adam to Noah was so multiplyed the contrary seems evident and that from the Tenor of Gods truth For there were mighty men who abused their power to wrong and injustice therefore were they plagued we may say plainly they sought and got power over each other and destroyed the pure law of nature For though I am not against nay I am for Government as will well appear hereafter yet this I say that the law of pure naturals sets not one above another which law observed there would be no need of Governors for each one would be a law unto himself But to return the power thus obtained they abused it to unjust ends Spoile Robbery Rapine Lust and such like for this came the wrath of God upon these children of disobedience and violence and the Flood washed away them and their sins together Yet the Lord remembred Noah for was he just from whose posterity descended all the present Inhabitants of the earth and although the fathers were as Shem and Japhet righteous in their generations yet the sons and progenie of these forgat the laws of their fathers house and fell into the delusions of Sathan by the lusts of their own hearts And forgetting the Judgements of God upon the old world they as well as the seed of Cham fell into the sins of the old world and promoted themselves over their brethren not according to priority of birth as most congruous to reason but by might and power abusing those excellent qualifications of divine infusion against the law of the most High and then according to their factions they by strength got dominion which loth to lose they combined together against God himself nay as sure as the Lord liveth the Poet truly expresseth the heart of man These Giants or Principes would if they could have plucked God out of heaven they first brake his Laws and then fought against him but the Almighty now only scatters them to his glory and they who before were bounded in a narrow compass are now dispersed through all regions and it is concluded that the chief of them of one language upon the confusion of tongues was their Prince but whether that were the most Ancient Strong or Wise we shall not need here dispute it is agreed there was a cheif and that the most ancient by the general Law of reason owned that place However it is most probable that their dominion extended not over many or that their power was unlimited But it seemeth among the sons of Noah that Chams posterity first deviated from the rule of nature in
Nimrod who notwithstanding he had elder brothers yet took the power of government upon him yet it s conceived he went no further then the government of his own family the heads of families appearing in the same age with him in the offspring both of Shem and Japhet and t is not probable that in those times the government was mostly such for they might have enough in one family for one man well to govern considering the many hundreds of years those ancients lived and the mind of man might well then be contented with it the profit was care and the honor duty and the end only safety against brutish invasion which course is as most natural so most conjectural untill the contrary be proved And most assuredly as their families increased even after the dispersion so divided they the land as well as in the dayes of Peleg and though it may be conceived that in this dispersion and confusion of languages the seed or occasion of future Discords Wars Jars and such like was sown yet it is probable that the earth in the fulness thereof being before them and the remembrance of kindred being fresh they did not immediately break out into blood by forcing a disseising or putting them out of possessions who were in but those unprovided sought out habitations and their numbers in their respective progresses increasing they sent out what we call Colonies The chief leader or Colonel of which was as is most likely the most Ancient who also gave forth to them the general law of their fathers whether traditional or otherwaies and the next in degree of age as the fathers of many children were accounted as chiefs next that cheif or King and these by Scripture according to that phrase in the time of Moses writing when now the world was grown to some setlement in disordered order were called Princes But these soon wax out the remembrance of their neerness of blood for surely where God was not regarded man was neglected forgetting God and his Law and private interest increasing the issue was divisions Wars and Jars The just might separate and divide as did holy Abraham and just Lot but the wicked fought for it and by power obtained their will and that law or liberty of blood-letting once admitted there was no stint of strife they renewed the Wars as the season of the year gave opportunity and with this strife out of all question came in against the law of nature the servitude of man to man and therewith also a confusion of families as to pure discent But let us pass on and hast the Lord makes now his family in the houshold of Abraham by especiall Covenant of promise with him and his seed rejecting all other Nations Yet how that rejection wrought is difficult for Melchizedech Abrahams contemporary was a holy man and assuredly kept purely the law of his fathers supposed of Shem though living amongst the accursed Cananites so Pharoah King of Aegypt to whom the Lord communicated his error in taking Abrahams wife and more especially Abymelech King of Gerar who apprehensive of Gods indignation for the same thing prayeth as one and that not only of himself but as of a Nation that knew and kept the Covenant of the Lord Wilt thou also destroy a righteous Nation said he not she is my sister But to proceed This Abraham is called a mighty Prince yet Arms but three hundred and eighteen this confirms what was before asserted shewing what Kings and Princes then were for these were to fight four Kings and manifestly proves the generality to be but heads of families though the Assyrian had now conquered many families mark also Abrahams complaint for lack of an heir urging his power and estate to difcend to Eleazar his chief servant These things are inserted only to lead the weak reader in a plain path way of historicall narration therefore this one example might suffice but this must be more then seconded both in Isaac the child of promise and Jacob and his progeny Isaac was Abrahams heir both of goods and graces yet falls into the offence of Abraham his father and for safeguard of his life denieth his wife And as a King governing his family hath issue Esau and Jacob Twins and although the birth right of divine blessing is by Isaac given to Jacob yet the temporall inheritance was to Esau which primogeniture is several waies and in the right of it acknowledged to Esau by Jacob whose substance was the gift of his God in and for his faithfull service he performed to Laban But le ts hast to see Jacob in his full grown family discended into Aegypt and there continued the time appointed by Gods promise during whose servitude while the yoak of Pharoah gauled the necks of his off-spring the way which God used to perform and fulfill his promise of freedom t is strange to flesh and blood you can look for no other government upon their shoulders then the whips of the Taskmasters untill the time of deliverance from the Lord comes who raiseth up Moses to be their saviour and leader but the judgements of his mouth during the whole course of his government were for the greatest part extraordinary even from the mouth or Spirit of the most high God which although it shews how nigh a relation holiness and obedience can work betwixt man and God yet so far it sheweth not ought as exemplary to us in our present Magistracy either the superior or subordinate in ordinary jurisdiction neither the Acts or judgements of any of those Judges afterwards in such special causes of evident supream either direction or assistance neither during their forty years peregrination in the wilderness nor in their daies of rest untill they called for a King nor indeed at any time That is we are not to take what ever one judges supream or subordinate in ordinary jurisdiction or legall government say as a binding word issuing from an infallible spirit or accompanied with such divine directions But according to the respective laws and customs of the place and Nation wherein we live ordered according to the reason and necessity of intervening accidents wherein those general rules which nature teacheth of self preservation and of preferring generals before particulars and general and common good before particular alwaies presumed nought be done contrary or destructive to any part of Divine rule must by all men as was by them be observed But seeing all that Moses did was not extraordinary let us a little view his behaviour in the course of this narration even of that man with whom so extraordinary a spirit rested for his first actions I leave the reader wholly to Scripture only this he was under persecution from his infancy being then exposed to the mercy of the waters only for what I shall specially aim at shall be and are his acts judicial and those either in referenre either to Church or Common-wealth The first law of Moses mouth was not only
binding to the Jew but from the equity of it was and is the pure principle of obedience to the supream powers Obey God for where that is not or ceases the other is little observed so that some which it was thought believed no God yet professed many by that superstition to inforce a reverence and from thence obedience Moses now not only gives but administers law also unto the people in the next place looks to setling of civill judicatures in the stablishment of Judges and giving rules for the choice of Judges and administration of justice wherein it is worth observation that the advice Moses receiveth herein though not from the mouth of Almighty God but of Jethro his Father in law yet being agreeable to good reason I say no more he yields enquires not of God nor did God alter it after because not coming immediatly from himself nor made any declaration by himself or Moses that it came from him either to get the glory to himself or to enforce with greater authority the acceptation of the same Nor yet disallows of it after but approves it and it was an establisht Law for the great judicatory of that Nation for ever accordingly The next thing was the Act of Almighty God in giving the laws whereby the people should be judged which were summarily comprehended and written in two Tables of Stone it may be to signifie their long or everlasting duration which were delivered by Gods own hand according to our natural expression unto Moses and by him unto the children of Israel Gods people which Laws were of two sorts the first concerning God written in one Table the other concerning man written in the other now these being as we say general laws and difficultly could all sins and offences by the common people be reduced to their proper Commandment so that they would have pleaded ignorance in excuse of their sin Therefore God gives particular Laws and Rules for all emergent sins and sets forth particularly the whole frame and order of the worship and service he expected from his people yea every circumstance requirable therein upon which the whole Law of God or which God gave to the Jew was or is thus distinguished into morall and ceremoniall relating from man to God in his worship and service of him And into morall and judicial relating from man to man which later must be thus opened The Laws of the two Tables were and still are by many supposed to be absolutely morall or perpetual and that as well to the Christian now as to the Jew then but the judicial not so but of this more in convenient place and time Now these judicial laws commonly called Moses judicials did respect both body and goods all which stand upon such order as is most agreeable to natural equity to the well being of a Common wealth and that both in peace and war To a mans self and also towards his neighbour superior and inferior yea in all things tending thereto which laws as the Jew received them from the hand of Moses as their cheif and governor so did they live accordingly giving obedience to them all the daies of Moses after whom not Moses son or sons ruled Israel neither by his their or the peoples seeking was any such thing once mentioned but the government most especial gifts and graces testifying his divine vocation shewing forth themselves in him was given unto Joshua but no new law divulged but the division of inheritances to the several Tribes in their respective conquests was as the Lord had commanded Moses and he gave forth as a law to the people And having through Gods goodness given possessions and in peace to Israel before his death he calls for all Israel or their elders heads judges and officers and from Gods former and present mercies promise and threatnings perswades them to obedience to these laws which for some time they observed under their particular heads of Tribes without any particular Prince and won great victories against their enemies which although I find in history to be ascribed to be done under the command of Phineas the Preist yet I wave it and only prosecute the order of Scripture The next successor in government there given to them is Othniel then Ehud Shamgar Deborah and Barak then Gideon these were by a special spirit of God raised up for the deliverance and saving Israel from the hand of those enemies into whose hand for sin their God had delivered them But they still departing from him that is from his Laws not giving either any or not due obedience God as it seems intending to chastise them yet more as the stroaks or contentions of friends are most bitter suffers Abimelech the son of Gideon by unjust and unused waies to seek not only the government but a kingdom yet after his death whose ambition was also punished together with the peoples sin for the people were Gods avengers on him as he was of the people now arises a new succession of Judges of several Tribes and as it seems also by the special hand of their God upon them as Tola Jari Jeptha Sampson after whose time there was as it were an interregnum no King no Judge in Israel and the manifestation of the will of God by a special spirit to any chief of Israel ceased and so for defect of worthy noble vertuous spirits the government was conferred upon Eli the Preist in whose time there was no manifest vision And though Samuel the last had it yet it continued not after him if it ceased not to work at sometimes in him who as it seems rather out of fatherly indulgence although he had seen the judgements of God upon Eli his Master and his family for such weaknesses are evident often in Gods dearest children then by divine appointment makes his sons Judges but they turning aside after lucre and taking bribes perverted judgement Whereupon all the Elders of Israel gathered themselves together and came to Samuel to Ramah and said unto him Behold thou art old and thy sons walk not in thy waies that is righteously now therefore make us a King to judge us like all Nations Where we may see error in government and governors causeth desires of change of government But the Lord commands Samuel to listen to the peoples voyce but declaring to Samuel who it seems was also a little sensible of the peoples neglect towards him though most for God that this choice of man was their rejection of God Whence mark in the purity or purest of times Gods Church was governed as a Common-wealth in the declining daies it grew to a kingdom The next thing to be considered of is to see the King settled in his Throne wherein I shall first seek out how they came to have a King that is whether of divine appointment or of their own election t is truth that it seems both concurred 1 Sam. 8. 5. compared with 1 Sam. 9. 15. but then the question is
He was neither believed or regarded of the wicked world and though he saw Gods great judgement upon the world and his special mercy to him in their destruction and his own wonderful preservation immediately sins grievously and is derided of his own accursed son yet this is the man whom the Lord chose and with him enters an express Covenant When he chose a Judge and Ruler whom did he choose but Moses And his present qualifications were an Alien exposed in a strange land and fled then for fear of what the eye and Judgement of man called murder I speak not this to justifie suddain murders and where he was at first a hired servant at best a sheppard a stammerer and tediously impertinent even with God himself and loth to the work though God had also fitted him in a humane way for government yea the extraordinary duty which was upon him to lead a rebellious and stiffnecked people as he found them to which end surely by divine providence he was not only of a meek spirit to bear injuries but wise to make use of them brought up not only in Pharoahs house but learned in more then the ordinary politiques or usual recreations of hawking and hunting swearing drinking gaming c in all the learning of the Aegyptians which was the admirablest of that age as stories witness the very Greeks themselves borrowing their knowledge from them And this was according to the rule of God for the choice of a Magistrate men of knowledge not men that had the age for knowledge or education or such like helps if they wanted the thing but that knowledge indeed I omit to speak of Abraham Isaac and Jacob as exercising but only a paternal power which though it were the foundation or rise of other governments yet must now be enlarged as necessity evidences as well as enforces and when the other Judges or Heads or Elders were chosen they were chosen according to the rule and so long they prospered yea go to the Kings Saul seeking Asses David from the Sheep-fold and how were these despised that I may speak it once for all the generality of men saw not Gods choice else why did the people so murmur against Moses and Aaron Miriam against Moses as also Corah Dathan and Abiram and the next day all the people notwithstanding that exemplary punishment upon them saying of them swallowed up you have slain the people of the Lord so of Saul shall he he in derision what a Benjamite a yonger son c. shall he deliver us how Deliver as if they had said he cannot and if you aske me the reason both of this and all other disobediences to prophesies commands and declarations of the will of God I must deal plainly with you the same reason moved them moves us and so on the contrary we believe or believe not the word As our harts are affected so move our hands so are our actions enlivened see this when Saul chops the Oxen in pieces and sends them through all the coasts of Israel with that Proclamation So shall it be done to him that will not follow Saul and Samuel The fear of the Lord fell upon them says the Text what is that but the Lord put or raised up their spirits to the work and so it was effected and where God gave a spirit of sloath deadness of heart c. there they set still and were afterward punished as well as cursed who did not help the Lord against the mighty Yea the Prophets were not esteemed in their daies which of them came to his end either without sufferings or but by sufferings and who were the Enemies The Kings c. and which of them but the evill ones see Isaiah Jeremiah and the rest and yet their great renown was spread abroad amongst strangers though there may be a reason for it as Jeremiahs providing for by Nebuzaradan giving him in charge to Gedeliah and that was he prophesied against Zedekiah and for Nebuchadnezar but our Saviour hints another God did not raise up his Prophets in vain but they were his messengers and against the Kings and Princes and therefore being hated or at best neglected by them so were they by the inferiors following their example and so called mad fellows and by the base Priests of Idols forbid to prophesie in the Kings Court and all along such were they whom God chose owned imployed and Covenanted with and now not to speak here more of the persons I come to the nature of the Covenant which both with Noah Abraham and his offspring Moses and all Israel were in the letter but outward blessings and though by the word everlasting there is more to be gathered yet at first veiw what is it Seed time and Harvest the dominion over and use of the Creature but with restraint not with the blood cold and heat Summer and Winter and now God gives a law and not before otherwise then as the voice of nature sounded it forth against murder professing he will not only require the blood of man at the hand of man and that without any exception but even of the beast and this law was before the so called partition wall of divine love to the Jew was declared while all men were simply considered as the sons of Adam Upon this declaration declaration there is a new covenant but what is that All this land will I give to thee and thy seed and blessings where ever they go assured by the note of Gods Alsufficiency which though typing higher matters both in respect of the place Canaan and his seed the Lord Christ Jesus typed in Isaac yet Abrahams faith fails him for his life and wife he lies and Jacob pilleth rods and decieves as some say Laban to enrich himself and was irregular in his affection to Rachel and other frailties Such also was the Covenant with Moses and all Israel In blessing I will bless with riches honor long-life victories over enemies and this was in case of obedience to Gods laws and then for disobedience Cursing I will curse the earth should be Iron and the heavens brass and as before one should chase 100. and 100. put 10000. to flight c. so now they should flye when none pursue the same Covenant with Solomon all which shews that what the Lord held forth to the Jew was outward and legal obedience so called righteousness and now that the Covenant might have effect God gives his law with promises and threats and this according to the nature and quality of it either toward himself or of one man toward another for the Laws towards God they were either the moral the sum whereof was the ten Commandments of which the first four are here first to be discussed and are indeed the prerogative or royall law which were briefly To have but one God Secondly to make no likeness of him Thirdly not use his name irreverently Fourthly to sanctifie a seventh day if not the seventh day to him
by so many daily fears as the power of the Roman and the Tyrany of their strange King put upon them and the Scripture notes of divers to whom God had imparted a true understanding of the light of prophesy who kept continually in the Temple and served God day and night with fasting and prayers looking for or expecting his coming and no doubt they had disciples abroad who being instructed by them had their hearts prepared to believe him though no outward form beauty or comliness as others thought appeared in him So that their expectation was general but each one after the rate of light and knowledge true or false which was impared to him or he had received under his Rabby who read the Law to him who were of several opinions not altogether dead yet as Pharises Sadduces Essenes and these again subdivided according to the merit or acceptation of the Rabbies or Doctors of the Law The Temple was in respect of the legal strictness polluted the whole law by these interpretations instead of Gods rule become mans Fancy or at best his precept for all was now grown into the vast Ocean of subtilty of conceit and that Rabby was most venerable who could flye the highest pitch in sublime conceits so that the pure Law was made a puddled fountain and the spiritual heavenly meaning was lost in carnal voluptuousness and self-endedness there was great learning never more but never to less purpose much praying and fasting Ashes and Sack-cloth yea and besmearing their faces to suborn humility but all to hypocrisie and yet sure if in Esays time they Justified themselves against God as impotent that he could not see their fasting nor humiliation and soul affliction nor hear their prayers nor answer them by deliverance as in the fifty eighth of Isaiah then much more now when greater mercies were expected and longer time had revealed more light but they did all for pretence this and almes and all to be seen of men to devour widdows houses and enrich themselves though the whole State were beggered eager and strongly contending for priviledges but still to better themselves though greater losses to the publike accrued condemning their fathers and surely the ten Tribes their brethren who were before carried captives by the Assyrian and placed beyond the great River and justifying themselves as holy in that they built the Sepulchers of those Prophets whom their fathers had slain And by this expecting the Messiah and by him deliverance and this was the state of the Jew at the birth of our blessed Saviour born of Mary at Bethlem of the Tribe of Judah of the stock of David yet as not owning inheritance in the world brought forth in an Inn his Cradle a Cribb his consorts the Ox and the Ass the room being no better then the stable yet where God stirred up the hearts there was he worshipped by Kings if not by wise or learned men of great esteem sought to be slain flyes into a strange land and then is brought by his father to a mean village where he submitted himself to all the laws which his servant Moses had delivered not only in the circumcision of his flesh but in fulfilling the whole law and that not only private and domestick in his obedience to his reputed father and his mother Mary So that he was called not only the son of the Carpenter but the Carpenter untill such time as he was called out to his Fathers work which was first at twelve years of age to the astonishment as confusion of the Doctors which was Gods Act of preparation to those Rabbies had they not had eyes that they might not see and ears that they might not hear because the Lord would condemn them but also in the publique administration of the Jewish law appearing by his going up there to the Passover and that not only to his God as man but to his Prince yea though a heathen a stranger giving his tribute to Caesar he had also a fore-runner John the Baptist in whom I must observe that he preached a new doctrine viz. Baptism yet even the rulers went out to him and though he in his preachings shewed the error of the then sort of teachers he was not meddled withall nor opposed much less imprisoned But now when Christs time was come to preach I pray let us mark his behaviour first he goes to John and is of him baptised and then recieving a testimony from heaven to prepare the people to recieve his doctrine he then is carried into the wilderness to be prepared himself by temptation whereto his manhood in it self was subject but by the Godhead sustained and this finished whereby he was approved he now sets upon his work for which he came and as a Doctor of the law he preaches or declares the minde of his Father John he begins in a strange place the wilderness and he cries Prepare the waies of the Lord make his paths straight the Lord Jesus he follows and in the land of Zabulon in the City Capernaum the obdurate people had need of redouble blows he preaches and sayes Amend your lives for the kingdom of God is at hand and then he chooses or calls to help him in this great work of reforming sinners and that of the greatest sort poor fishermen surely as rude and ignorant as the rest in ordinary and these he makes his partners in the work and now instead of expounding Moses law according to the order of the Scribes and Pharises in the Synagogues of the Jews places of publike meetings for that end but alwaies intended for the service of the most high and true God by the Jew he preaches the Gospel of the Messiah and withall healed their bodies no doubt to intimate that what he preached of the blindness of their mindes was not only true but that he would and could heal these also he being for that end come into the world and now his fame of miracles and salvation to the body being spread abroad he hath great renown and glory for such benefits are quickly resented and now this preparation made mistake me not that I think Christ or his doctrine had need of any outward help in respect of his power who could of stones raise up children unto Abraham but in regard of his will it being so by the Almighty wisdom pre-decreed that all things in ordinary course should be so carried that no man should without his Spirit see that good or evill was to man but by means though the wise man saw the contrary he divulges his Gospel full of inward rayes of divine wisdome and magnificence but averse to the then recieved doctrine the interest of the then prevalent party or factions the Pharises and Sadduces who had the trick of this age to count all gain sweet and were not by words to aggrandize that sin which was high enough in it self no better then hypocrites even the best and strictest of them for so our saviour
bears record If your righteousness exceeds not that of the Scribes and Pharises you can in no wise enter into the kingdom of God and if I be not decieved his whole doctrine tends to this namely to prove salvation was not through the righteousness of works but by faith in him and yer evidences this faith by the works of the law but not according to the vulgar interpretation of the doctors of the law but according to a more divine and exact rule which I shall thus diversify the Doctors gave a liberty from or beyond the letter for their lucre and mans lust Christs rule is restraining the liberty of the letter if any liberty were against all lucre selfe end or advantage what ever as is most evident in the exposition of our saviour upon the sixth and seventh Commandments manifesting it was not only the act of Adultery but an unclean thought that God abhorred and it was not only the life of thy brother which God forbad thee to seek after but even of thine Enemy and as a private person you were not only not to punish the offender against thine own self and life but to do good against his evill and for thy brother take him in natural national or spiritual relation all which I presume ought to be there intended thou oughtest not by evill words either to provoke or revile him this was the Doctrine of him who was the Prince of peace and gave laws all of love it was his legacy his will his precept or Command so that I see not by this doctrine in any thing the law moral nullified but explained and this I take to be out of doubt except to the fourth Commandment on all hands which yet he takes not away although he doth give a liberty which the Rabbies granted not at least in him namely to do good that day and surely though he makes man lord of the sabboth it was not to take away Gods omnipotency in the power he had over man and all his daies for the reasons of the sabboth or a holy rest are still the same both in respect of man in his freedome from labour and thereby made more fit for spiritual services and also in regard of the ends mans increase of outward knowledge in the written law or revealed will of God and the glory of the Creator if he can reap any from the weak imperfect duty and endeavour of the Creature But the Lord himself I say did in no kind abrogate the day which God instituted in paradise though he cleared the Jews mistake in their manner of observing that day In the next place for the judicial law our blessed Saviour he meddles not with it any way to annull or disapprove it himself and his disciples observed it and he saies of that and all the whole law he came not to destroy the law but to fulfill it and was so far obedient as that he would not meddle as a Judge whom God had made but a minister and celebrates the passover according to the custome till he came to preach he wrought the work of his earthly father after that he professed the labourer was worthy of his hire and doing his heavenly fathers work going about and doing good healing all diseases both bodily and spiritual and that to all persons without respect of Nation or quality sinner as Saint Centurion as ruler of the Synagogue the woman of Canaan and Samaria as well as of Jairus daughter or Mary or any and giving the same rule to his Apostles he sends them abroad without either Scrip or Staffe or money in purse yet assures them that as himself was rejected of his own when he came to them and they knew him not so must they his disciples expect the world would use them they must be brought before rulers Kings Emperors for his name sake Majesty is alwaies jealous of Competition See who should be his Enemies But not only so they should be hated of all men for his truth sake that is the reason why hated for his truth or names sake and that they might not be discouraged he foretels his passion but how wrought it at the time of Trial all fled but Peter and he denyes him which of the rulers say the Rabbies seest thou believe on him for Nicodemus the ruler came only by night none knew it mark it the wise men rest in their wisdome and the rich though convinced yet are wary shame or fear or both of men keep many a man from God yet they knew him his miracles they attribute to the Devils power he evinces the contrary they yet believe not they admire but believe not thus he spends his time and having attained seventy Disciples and some few women and here and there a Sinner with whom he most conversed for he came not to call the righteous but sinners to repentance through the meekness of his carriage and goodness to all having taken off the eagerness of the multitude and made them followers of him if but for his wonders sake he is in the appointed time betrayed to them who now were jealous least the multitude should believe in him and Caesar come and take away their Nation by his own Disciple when he had now declared and sanctiated his Testament at which whether Judas was present I will not stand here to controvert but only say if he were it is for terror not comfort or warrant for sinners to approach these sacred mysteries without due examination he eate and drank his own damnation but being hidden I shall not search further or difficult I will not here determine further and being now apprehended it s consulted whether he should be put to death the High Priest prophetically saith the Scripture politiquely saith the rationalist least the people making him King as was like they might induced by his powerful workings and thereby hoping in and through him to be delivered from the Romane yoke which the great men feared would bring an assured and speedy bondage upon them concludes better one die then all and then by that people oh vanity who before they feared would make him a King they now condemn him as an enemy to Caesar but that not holding by their choice of a Murderer the Heathen judge acquitting him they condemn him and now his Apostles and Disciples preach the same Doctrine after his resurrection by which they were established being before shaken grievously we thought this had been he saieth one and all were affrighted at his first sight not understanding the Scriptures yet saieth he they plainly testified of me and I pray take notice to Sathan in his Temptations to the Lawyers and Pharises and other the off-spring of the old Tempter and also to his Apostles he useth the word or letter of Scriptures which was in self convincing but to the First the word only to the Second oft not only the word but a further and more spiritual meaning and I pray see the same foundation
converted Thus you see the devils beginning he presently raises up controversies in the Church and also persecution without the Apostles are imprisoned but for magnifying Christ one condemned to death as a traytor an enemy to Caesar See it was the doctrine of Righteousness was opposed but Treason is charged how many Christians have played fast and loose for this cause with Christ for could they have suffered as Martyrs and had the point of Controversie been the main of their charge they would have stood it out to the last but that being but by the by and Treason or Disobedience to Powers the chief they faltered but the Apostles and Disciples through good report and evil report went on in the Work and great wonders were every day done confirming the believer and astonishing the opposer so that now in the greatest Cities of Asia Greece and Italy the Gospel is preached wherein the believers of all sorts have the same rules laid down which Christ delivered to his Apostles clearing still the righteousness of the Law but not placing Salvation in obedience to it as is manifest in all the writings of the Apostles and by them as by our Saviour urged by the Letter of the old Testament declared by the Prophets against unnatural lust idolatry coveteousness maliciousness envy murder debate deceit frowardness extortion pride boasting idleness haters of any good doers of any wrong inventors of any evil disobedience to any power ignorance breakers of Covenant without naturall affection unappeaseable merciless and that these are worthy of death he appeals to the Laws which if he meant of nature to the unconverted Gentile whose morall strictness was most admirable then surely to the converted he much more intended the Law of God given by Moses unto his people according to an everlasting Covenant being of generall necessity and convenience under the Gospel as during the Law and by those Laws he saith the offender deserved death and surely that particular cruelty was universal mercy and in and through all the writings of Scripture there is urged not onely a necessity of having but of obedience to the Law but for civil benefit not as saving but as found general in those whom God had elected as St. Paul argues strongly in shewing the nature of the Covenant with Abraham to be universal to all believers so that it was a Covenant of Faith and if I be not mistaken it is plain the Covenant is though called double yet not liable to that distinction of Works and Faith but that which was through the veil which was then upon the profession of the Law placed in the obedience onely to the Law and so called of Works was now unveiled and declared to be onely by Faith but withall evidenced that that faith which was not still working was dead and the testimony of our faith to the Church was our works and I see not but that the outward promises or promises of outward blessings are still the rewards of legal obedience and for the reward of faith I see no promises but of eternal bliss and though the faithful keep the Law yet they rest not now upon the promises of the Law but the glad tidings of the Gospel sound in their ears and they are fixed upon the Allelujahs of eternity Out of all which we may gather That the Law not only Moral but Judicial being not absolutely and necessarliy proper to the Jew onely as being either Ccermonial or alluding some way thereto was the obligation of common or civil and also of Christian equity to the whole Church believing in Christ whether Jew or Gentile which is plainly manifested through both the Testaments but now all the Ceremonial Law being Typical of Christ that was abolished so that as the shadow vanishes when the substance appeareth the proper Priestly function service sacrifice rites and all are buried and will God now leave no Rule of Faith no worship no day no order no government no maintenance Let us see the way for this First Christ taught then his Disciples then each Christian instructed one the other and upon this ariseth Sects and Divisions even in the Apostles times some were of Paul some of Apollos some of Cephas so that now what was the Church of or in a Province was or might be divided into several Congregations and that either differing in a Circumstance yet holding all the head in one Communitie of worship upon occasion and so onely a Sect or differing in opinion in things not plain but doubtful or else in matters which were counted of such value or so nighly concerning the principal points of faith that they did as it were rent from the Head and would not admit admixtion which were the producers of Schism and this was or ought to be as was at first supposed onely in heresie things or opinions inconsistent with the rules of Christianity which either did appear or it was declared would appear in Pauls time Now how doth Paul deal with these Truly what power he had concealed that he either used not or pretended not unto is not possible to judge of but what he used was according to the nature of the Covenant explained which was of faith for the works of the Law in literal obedience man may enforce obedience but Grace is the onely gift of God and therefore he onely useth the sword of the Spirit which was the Word powerful indeed in a right and skilful hand and no other he informs and labors to enlighten them that Christ was the head and if a member were divided from the Head it was no longer a member and tells them plainly that Christ was the foundation and who ever laid other however wise in the sight of the world whether of worshipping of Angels mediation by Saints abstaining from meats forbidding to marry observing of daies and all such like though they had a shew of wisdome in voluntary humility and beating down the flesh yet they were will worship the gate for Sathan to enter by and by carnal seeming wisdom to build with hay and stubble and daube with untempered morter yea to change the truth of God into a lye through the decieveableness of the flesh for these precepts of men being admitted first as explaining the will of God were then accompted helps then necessary then matter of faith and this prophesie who is so blind that hath not seen fullfilled therefore he advises to beware of vain humane wisdome or philosophy which was bewitching and tells that this mystery of iniquity began to work and would work and that there would spring Heresies yea that it was necessary but from the Gospel no one must depart no not though preached by an Angel from heaven and least the people of God should be discomforted by the afflictions and persecutions of the Apostles and other disciples and professors it is often plainly declared they must look to tread the trace which their blessed Saviour had done who was the high Priest of
our salvation who was perfected through suffering but withal declares and it is plainly laid down a most triumphant time should follow whether here may be doubtful to many but hereafter is believed by all So that that weight of glory shall far out-ballance the sufferings which any one under went for the Gosples sake And truly the persecution even after the death of Christ was immediately great by the Jew and though God left himself not without witness even among the wisest of them as in Gamaliel Nicodemus Joseph of Arimathea Paul most notable and others yet there was little cessation through the great division and factions which God suffered them after the death of Christ to fall into Hierusalem being a type of spiritual Sodom gave warning to the believers in Christ to flye out of that Babylon that so it might be prepared for that first coming of Christ to Judgement which he did by the Romans the Eagles flying and hovering over that carcass untill the appointed time when by them it was devoured and now begins the curse upon the remainder of Israel of the ten Tribes Judah and the residue for their sins being not forewarned by the great judgement which fell upon Samaria and her children aggravated by that most fearfull imprecation His blood be upon us and upon our children which City thus taken out of the way the persecution ceased not but is renewed more bitterly under the heathen Emperors and their substitutes in the several provinces of the Empire and let us mark the Divels cunning all evils were laid to the charge of the Christians not only sedition and tumults against the State but the causers of those direfull evils of War Famine Plague Inundations which over spread the face of the earth but these could not be so well proved Though undoubtedly the interpreters of the heathens Oracles gave good satisfaction to them were willing to believe it but they had more evident Testimonies if publike fame had not been ever subject to lying they were breakers of all the laws of nature and nations and this had some foundation in sence and reason for they that taught that the love of the Gods was not obtained for nor yielded to good life right dealing earnest serving of them nay though accompanied with never so much inward zeal or outward fervor The Philosophers could easily summ the positions of the Christians into this General Doctrine and then let them alone to conclude that surely there could be no expectation that these men should do any thing according to the law but for lust or pleasure or profits sake and therefore counted them enemies to all civill moral laws and living and what could they then lay to their charge which would not easily be believed of them not only Adultery but incest not anger but murder not swearing or lying but perjuries and all abominations and though these things were not done by day their outward lives were civill and just it was in the night and though common Justice appeared in them to their neighbours it was Hypocritical their vitiousness was acted amongst themselves or such seeds sown as would infect a future generation And no doubt Paul having blamed them for going to law with one another but especially before heathen Judges which opinion they could not but hold in some part while their Saviour taught them so oft to forgive their brother and to him who would take thy cloak to give thy coat also these circumstances were aggravated as people looking at no Government no order no discipline Pauls reproving exhorting convincing perswading holding no communion delivering to Sathan were to them fancies of the speculative understanding and all his weapons not carnall to the destroying of the outward man but mighty through the power of God piercing even to the heart and reines and dividing the joynts and Marrow which their carnal religion could not comprehend caused them to think they did God good service to persecute and destroy them yet God left himself not without witness even amongst these heathen who not guided by the votes of the multitude nor swayed with words but substance did in all Ages testifie the truth not only evincing these charges to be lyes but the purity holiness profound sanctimony and exemplary chastity of the Christians was unparalleld and their trials manifested their patience invincible so that they overcame also as Christ their chieftain through sufferings and these were not only of the vulgar people but learned Philosophers and noble Senators and ever or most generally of the chiefest in esteem for natural excellencies and this was notorious that he or she that were the worst heathens proved generally the precifest Christians by which vertues at last their enemies were even overcome so that the very executioners turned Martyrs And though God oft afflicted his people and suffered them to be afflicted for it is evident that under persecution they grew most not only in holiness but in Number So that the blood of the Martyrs was found to be the seed of the Church it alwaies turned to their greater good and in his release from afflictions for God gave them ever and anon a breathing time they lost by Divisions Controversies Pride Ambition and such like of the glory of their sufferings which who ever reades the Histories hereof cannot but observe in persecution still praying meetings full and frequent Amities strong and lasting obligations mutual Engagements reciprocal And while they could hope to own nothing but themselves they quarrelled not for what they knew not they should hold and in the assuredness of propriety had a holy community of all things amongst themselves worldly cares were vain things Honors despicable Riches fatal husbands deceitful wives treacherous Children troubles all burthens but only Christ the Lord Christ was their Spouse their honor their riches their Treasure their safety their all in all release them from afflictions the world prevailed again the flesh domineered yet even then how many were most holy beyond present belief yet even then how many that left houses and lands and all in affliction for Christs sake in the storm would never return from the Churches habitation in the wilderness in the sun shine but wasted themselves in continual prayers fastings meditations holy vows and all exercises of the height of zeal counting all too litle they could do for Christ how many flourishing virgins thus espoused themselves in the Wilderness to Christ as well as to the fire to the beasts to variety of deaths and tortures for him in the Cities and Towns how lowly plain and painful were the then Pastors of Congregations Paul taught the labourer was worthy of his hire but lookt at a reward far above earthly treasure they were the first in holiness every one chosen who had most ability the set stipends were not their provokers but zeal for Gods glory what was given was not received then sure what was witholden was not sued for And now it was plain
Images first into the Church only then for private devotion this was contrary to the Jews order but they answered first the Jews made pictures of false Gods they of the true the Jews in the shape of beasts and other Creatures these of man and that after God appeared in the likeness of man the Jews of God whom they had not seen they of the Lord Christ the Jews worshiped the stock the representation they had it only for a remembrance but these admitted now follow miracles which they call the sign of the true Church but that they might the better uphold their Monarchy they look not only to get some particular as the most ordinary and useful causes falling among men into their Jurisdiction as probate of Wills allowance of Marriages tryals of Adultery and Fornication but they labour to frame the Civil State according to the mode of their Ecclesiastick Hierarchy whereby the one should stand as a Bulwark to the other in the day of opposition The word yields the foundation to reason and reason of experience joyned with the interest of practicers confirms the the word and even from this time there was the foundation of an intire and universal Monarchy among Christians laid for it was supposed as truth that the Church of the Jew was the pattern and Type of all the Christian Churches that they were all to live as Brethren both under the Ecclesiastick and civil Regiment yea that not onely between beleevers of the same Nation but of the remotest parts of the world there was such a tye even by the right of profession that for their relief we ought not to plead too strict a property in our goods but freely to communicate to their necessities whether the same were by reason of persecution or famine or such like or other accidents of providence and founded indeed the whole fabrick of their Government upon the rule according to the Jewish Model and by degrees exterminating those Laws which were spied to be disadvantagious to their interest and for the absolute power of Princes as they saw occasion from the troubles of the Empire the weakness or religiousness of the Emperours indeed every thing according to the order of times made way for the accomplishment of the intended vision But this was no great piece of difficulty for the nature of the matter led them easily to it as it seemed for the Laws even of the Romanes from whom all Nations almost had received their general rule of Government however at first mishapen and rude yet after polished by modelizing according to the rule of the Jewish Tables and not only so but of many or most of their judicials for indeed where can we have Laws more agreeable to natural equity then the Almighty wisdome there proposed so that the Arabians Aegyptians Asians yea and the only not barbarous Greeks founded or framed their generals upon or according to that incomparable order and in their ministrations did not much differ from the Hebrew originals but this premised that the whole body of Christians was but one Commonwealth and that under the head of all immediatly the Lord Christ Jesus it seemed to follow by this that he must have his substitutes on earth according to the nature of men one as Priest chief for the service of him to govern these men as Saints another as King who was to rule and govern them as men according to the Law of God in righteousness and holiness but all to be bound and loosed as I said before by his mouth only who had the key of Knowledge by a now received infallibility which was without much difficulty effected The Bishops and Clergy-mens lives being yet not generally obnoxious to scandall many yet retaining a great deal of exemplary piety and purity yea even in the bosome of the Church of Rome for although it be easie for particular and private persons to rush suddenly and immediatly into great errour yet for Commonwealths or the publick Governors or common Societies 't is not so for what they look at is Supremacy and uncontrolable Government if so the jealousie which people ever have had of their liberties will cause them rather to introduce things by degrees then at once and that so by little and little they may with ease obtain what by seeking at once they had utterly lost Thus did temporall Princes for so we must distinguish while Bishops are become Princes by their Subjects and thus did the Popes by them but it is now fit to leave the general discourse and to reduce matters as intended to a more narrow compass then the consideration of the whole body of Christians and look at specially this Nation of England which now having received the Faith of the Lord Christ whether under King Lucius primarily or under any former whether first preached here by Joseph of Aramathea or any other whether Apostle or Disciple of the Lord but after more generally allowed spread or promoted upon the coming of Augustine the Monk from Rome I shall not controvert but allowing every man his opinion by whom first introduced where first preached and such like I shall take that only up which none will deny which is that about the time of Lucius it was by publick and Magisterial Authority first allowed and hath more or less ever since been continued embraced and followed by some in this Nation at all times but generally by the whole Nation though at first the over-running of strange Nations might suspend the splendor of it onely thus much I must say that ' its evident by history that the Christian Religion was here entertained and setled long before Augustine and that there were Monks particularly of Bangor who professed Christ and lived according to the Discipline of our Saviours Doctrine which grew now inconsistent with the dignity of the Romane Bishop and others with him and all of the Clergy in their degrees for now for the honour of Christ as was pretended there was to be more order as it was called to be observed among Christians which was meant of outward duty and obedience to the Popes Substitutes in every place by the rule of gradation for as the Pope represented Christ having his power from him so all Bishops and inferiour Clergy ought to have and give their due respects from the people and each from other according to the places and trusts by his Supream Holiness whom they more or less immediately represented reposed and imposed in and upon them This observance Augustine the Monk expected but the English or rather British Monks found not this in the Doctrine of the Apostles nor presidents of the Primitive Church truth they found examples of paying more observance to holy men then Augustine required or expected but no way allowed much less sought by them to whom it was done the Lord Christ never had nor required it but himself washed his Apostles feet and his Doctrine upon the decision of this case in controversie was far
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
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
him and that not onely in high and criminal matters concerning his Crown and Dignity the life and honor of his subjects the original due object of the power of the Court now called the Common-Bench or of his Treasure the object of the Court now called the Exchequer or the Court concerning matters of the Income Profit Revenew or Treasure of the King But also of the differences betwixt party and party the object or subject matter call it what you will of the power of the Court now called the Common-Pleas which for ought I can finde authentique to convince me had all one officers which were not many all one Process which was a special Writ for appearance and a trial before the King or such as he appointed in his Court for the King was to be always present and there was also help in case of Equity by the Kings Chancellor in matters of the Summum jus of Law according to the common Lawyers phrase or severest opinion according to the rule of pure conscience that is do as you would be done unto or like a good Christian according to the Episcopal and Church-mens equity in the times of their Regiments now this foundation laid which offered benefit as well as Law to the people who had hereby remedy against the greatest oppressions of great men or Judges in the Courts of the Sheriffs or Lords Courts or Hundred Courts which all at first submitted by way of gradation to each other all to the Kings and so the Courts in Cities and Boroughs and other places incorporate as also Franchises and Liberties which were the evident marks of conquest and granted larger or stricter as the King pleased Now the King plots his own setlement first as being a Norman that is French he wills all our pleadings to be in French for he being as chief Father of the Commonwealth to see to all ought to understand it Next he ought especially for offences criminal or trespasses of force voluntary to have the punishment of the offender as a disturber of the peace of the Commonwealth as well as the particular party to have reparations and therefore he brings in together with Appeals the ancient usage of England which was the challenging of a man to have committed an offence as of treason murder rape felony and the like a kinde of suit in the name of the King called an Indictment and truly all the reason of the introduction that I can see was to advance the end of the Kings gain for here the King hath all the gain all the goods of the party at first from the day of the offence done truth now he hath it in appeal but it was not so for this the old true tale of Kents freedom will be known Evidence for they opposed this part of prerogative and then the father to the bough that is to be hanged upon the arm of a tree the usual and ready way then of dispatch and the son to the plough that is to the improving the inheritance left Concerning the common Law Prerogatives of a Prince or what the Laws of England anciently as by the right and light of natural knowledge granted to their Kings a certainty of land of the Crown Mines of gold and silver Royal fishes lands deserted of the sea and of them who died without heir as the prime person in whom the honor and glory of the people rested I omit to speak at present Truly that this William used Parliaments I finde not though others do for it is evident to the world and he that is not blinde may see he to quiet the people pretended Title but his intention was to make it his absolute conquest he therefore calls Councels where his Lords were present they do what his Will is and there is an end So that grant it a Parliament or National Assembly of the Estates yet it was but to grant or enact what the King desired his Normands had liberty to speak their will what English man durst oppose but the acts of his successor fully demonstrate this who destroys thirty towns and Churches to make a Forrest the Monks of the time durst speak but who else So that now it was evident what Title he claimed by pretend he what he will for the King had still his pretences truly the English were now in great streights they saw their Laws utterly abolished and their lives and estates to lye at the Kings mercy there was no remedy to complain who durst The Bishops yet notwithstanding something interpose but their mouthes are stopped by a command from his Holiness for people must not rise against their Prince but at his will and fill his coffer and you have his Crosier at command for Rome was now at the full height of wickedness but God taking away this sacrilegious Prince he soon opens a way of comfort to the almost cowed English giving them some means of revenge by a royall contest or a quarrel for the Crown this and matters of like nature setled there now ariseth a greater quarrel which hath continued even to these times though with divers parties and upon several grounds and that was betwixt the Lords and the King it seems God would have the English free and though he chastised them he would not forsake them for he makes their enemies the chief assertors of their ancient Liberties for these Lords finde now that they had not the same free priviledges their Ancestors had and claimed their births had now made them English of sharers in principallity they were made meer though greater Subjects The King Lawyers belike had found some flawes in their patents it may be they had done some wrong to their Tenants and were complayned of and the King to anger them that they might forfeit their too large liberties did the poor men right the greatest vexation and Soul or heart-grief a proud great man can have but be the ground what it will many of which are evident and arising as before is said The contest grew high there were things called Parliaments assembled to the end to determine these differences and in them divers good Laws tending to reconciliation were enacted but what was the effect of force ceased in execution when the cause was removed and the Lords armed against their Princes and truly their Tenants took part as the rest did they feared the saving of their faith to their King would prove the forfeiture of their lands to their Lords and now what was intended for the Kings safeguard was his ruine the most immediate Lord carrying all the power the superior Lords all along were strangers So vain a thing is the most prudent settlement of men if Divine providence affords not success But this still remains a sure foundation good Laws are ever the same though the badness of men may enervate and weaken them yea oft times invert them but still as differences grew higher and higher Parliaments were the means of quieting of all which doth
good fine they had also alwayes grants of Leases to such and new concurrent Leases Thus were they made poor who were rich by stealing each from other and their first fruits which was the first years revenue was now paid to their Lord the King as before to the Pope their dependance by the Statute of Supremacy suffering that alteration this made them look to all profits narrowly And what could be caught was Ordination bought at the worst hand Marriage at a set rate and the usual publike Declarations so called bidding the bands of Matrimony brought to a scorn all that could purchase it had a Licence and the Wills and Testaments of men being canvased in every Arch-Deaconry Diocess and Province brought a setled gain Batchelors of the Civil Law capable of two Benefices or Spiritual promotions and so the Chaplains of the King Noblemen c. And this Apostate order was universal Again the Bishops now made injunctions some one some another at their own wil and the breach of all or any of these was cognizable in any their Courts from the Chancellors to the High Commission so called indeed a pretty Spanish Inquisition yea so far as to punish the not-wearing of a Surplice at the reading the Liturgie or so called Common Prayers or set and publike appointed prayers in the Church with imprisonment during pleasure fine of 1000. l. when a Blasphemer for speaking these dreadful words to the eares of any but an Atheist he being admonished for swearing said I will swear God out of Heaven and sit there as God my self was fined but 100. l. and mitigation of imprisonment I do attest this my self being present at the sentence of this Blasphemer and at the Sentence of Doctor Bastwick for writing against Episcopacy and Burdet of Yarmouth for non conformity the same time who had in that word two offences one not wearing the Surplice the other the Churching so called that is declaring a woman purified according to the Levitical Law after child-bearing without a Vayle or Rayle which was the injunction of the Bishop And now the Queen being Catholique that is Romane the Liberty of the Mass grew from the Queens private houshold to a most frequent houshold duty and at least was publique yet not with any toleration that is if toleration be taken for a legall Act authorizing but if for an impunity notwithstanding many and oft complaints there was a grand toleration and the Judges had by special order from his Majesty command against them under the name of Recusants but with this hint that there was a more dangerous Recusant called the Puritan or Brownist for then there was no distinction so that the Bishops armed with the power of the Civil Magistrate under the late schismaticall notion so termed at Rome of his having both the Keyes that is being the supream according to the vulgar acceptaion both in Civil and Ecclesiastick Jurisdiction according to the strict notion having the supream intendency not only over but in the Church which the Puritan urged with so much wariness absolutely holding the Lord Christ the supream and yet craving the Majesterial power to ayde and assist with the name of supremacy so far as ran even with his opinion that it was doubted he was as ill a willer to the absolute Jurisdiction of the Prince in the Church as the Papist was so that he was exploded the Court and no allowance given to his Doctrine there and indeed with all possible vexations of the Lawes by imprisoning fining attending delaying stigmatizing c. all that were so called were handled by the Bishops and the so called Clergy with their Officers no marvel for these men generally Lay men preached in their writings more and more edifying Doctrine then the Clergy in their Pulpits and these mens lives and labours were as exemplary for godliness as the other for vanity pride laziness and debauchedness yet these provided they were conformable that is obedient to the Fathers of the Church the Bishops be it right or wrong were freely almost only allowed for money now could do all things and necessity more there was on the one side Symony upon Symony yea much legall Symony for the great rich Livings and whether the Priest could preach or not his Curate could and where the Impropriator had a large revenue the poor Curate not above 10. l. per annum and 20. l. a large stipend he must be of weak parts that would so rest contented and seek no other preferment this brought in together with so many Parishes as bad as impropriate being in the gift of the Cathedral Churches where Bishops or Dean and Chapters had the gifts so many ignorant lazy debauched fellows into the Ministry that a Christian would stand amazed And when some pious men sought a way to purchase out these impropriations and to settle an able religious preaching Ministry they were allowed to expend their monies which I beleeve they never saw penny of again but were so frowned upon and discountenanced that the beginners being wearied the work even dyed in the first Cradle for these things made the Bishops plot for life and as plain as words could manifest the intentions of men it was resolved No Reformer as they now begin to call them should stay in England and indeed their troubles grew so fast upon them that they were forced for fear of being taken at a good and Christian duty and punished by the Law of Liveries now called Conventicles to pack away some to Holland some to America or new England so called being a gallant plantation some to other places The Bishops Chaplaines become sole masters of the press and their licences were as bad as an Index expurgatorius Popish books are now severely forbidden especially those quant Tracts of Caussinus yet almost in every mans hand as if they had been forbidden only to quicken sale an old yet notable Trick The Arch-Bishops book being a Tract written against Fisher the Jesuite is printed but at the same time all the great wits blow up the Quodliberts of Popery the chief heads being publiquely and professedly maintained at both the so called Universities And a Jesuite so called Franciscus de sancta Clara brings both the Papist and the Protestant to so neer an Union that a good judgement might be decieved t is probable for many were to know the one from the other Many so called Arminians now appear these are highly favoured everywhere and now the Hierachy so lifts up it self that not the Gentry only but even the Nobility themselves were discountenanced if opposing All preferments are now to these yet few of them knew well how to bear them but a litle time could give them a relish and the smack would never out of their fancies The opinions of the Romanists now on all sides not only for hallowing places or sacring them but even that one place of or among these so called sacred was more holy then other from the duty there
inferior places But assuredly the foundation of this mischief was principally in the abused practise of the Courts of Justice of this kingdom which holding also a Jewish dependency as before was hinted there was no stint of strife for the Law admitted appeals and what was so called the Subjects due ought not be denied them so that if you had either a knavish or a powerfull adversary to deal withal which power is manifold as either a great rich man or greatly friended by the officers or els powerful in a joynt stock as a corporation whose united purses have ruled over all justice and righteousness whatsoever in many places you could not get right but with repentance that is loosing by the bargain the particulars I shall demonstrate after this ruined many discouraged more discontented all except the gainers which were and are such a rabble and bed-roul of names in both Laws as would amaze a wise man much more a Christian for whereas a Christian saith let all things among you be done in love and let the brethren judge your differences that is without litigious pleadings after the manner of the world but with that quietness gentleness meekness and botherlike affection as the Gospel of Christ holds forth and the prudent man saith let it be before wise men duly appointed in a time convenient and with certainty and what one Judge cannot determine either for difficulty or doubting let aid be joyned and right done and that whither according to the exact letter or the rule of conscience The Laws of England held forth all things in practice I say in practice for the general rules or foundations of Englands Laws are good wholsome and sanative absolutely contrary for it held forth in the letter you should have right for every wrong this general rule was good but discend to the particular The Quaere now is what remedy for the wrong an Action you must prosecute But first it is considerable by whom this Action shall be brought for long suites and expensive have bin had and then the party ought either to have one or more joyned with them or where the Action was ioynt it ought to have bin sole sometimes in the respect of the nature of the Action sometimes in respect of the way of assessing or recovery of damages next it is considerable in what Court for ofttimes 100. li. hath been spent in the Court and then the Court had no cognizance of the business yet the ablest Lawyers in England advised within the case or so accounted as most favored c. But grant you hit the Court then the Quaere is what Action for one hundred Actions have been prosecuted in the right Court and before right and due Judges and by the right person and then the Action mistaken it was deceit and should have been a Trespass or a Tespass where it should have bin deceit so almost in all matters of higher or lower nature next agreeing what Action where shall you begin your suite out of what Court have your process and for your process whither from above that is the Kings bench which now holds cognizance of all pleas or the Common pleas the proper Court of all Subjects differences betwixt themselves at least in the Common Pleas by original in the Common bench by Latitat or els in the Chequer by a Surmise that you are a Debtor to the King or below in the County or City if the sum be not above their Trial and for the Chancery and such other Courts a Subpaena and then the several Writs must be issued in due course or all is nought Next for the execution of the Writ there is for the Chancery c. either the party plaintife or some other shows the writ to the Defendant or leaves a part or the body of it so called as the case requires at his house and if he appears not process issues against his person but upon the other he must be arrested by a Serjeant of the Mace so called the officers of a City or a bayliffe whether common special or of a liberty there is not much difference they are much alike Now these mens livelyhood is under the Sheriffe to execute writs of all sorts to judgements and Executions they have a fee proper from the party but that was set so long since that it is not a sufficient maintenance now and rather then take paines to raise that well foreseeing the trouble it would bring to alter all Fees in the Nation they let them gripe the poor and abuse the rich and wrong all Yea assuredly they many of them take hire of the Debitor or Trespasser not to see him and of the Plaintiffe or Creditor to see him as the searchers or under-writers for customes formerly or now for excise may do either for prohibited or custome stoln goods So that ofttime the charge of arresting is as much as the Debt and it is generally known that these men are the worst sort of men the old Law was none to be arrested but to find sureties that his cause was just and that he would prosecute with effect but that just Law being too hard to many poor men to surmise the best was not remedied but by practise that is the unwarantable proceedings of Judges Totally abolished and now a bill of Middlesex may abuse any man unknown and the law is made a stale to the both foolery and knavery of Sycophants or worse there is much pleaded for this arresting by Bayliffs as first he is a known and sworn officer I say only if he be so let his Summons without a Writ or attaching the person be enough and if twice summoned let him be proceeded against as to his goods who will not appear provided he be at or in Town but this is beyond my taske intended here There is another way of making the offender appear which is by Utlagary used very unjustly and so confessed but as good as the rest The next thing is where I must lay my action that is in what County And many times the action is laid in London for a matter of so small moment that a journey to London of himself and witnesses eats out all the gain justice gives especially when small matters are removed outof the County justly as I will say in this case they being indeed above the now proper rate of County or City Trialls or else unjustly as when a man is arrested in a liberty for five pound or forty shillings only which is there triable he gets himself arrested also for a greater summ and so removes both to London now for these proceedings in abuse of the common subject of the Nation in Law-proceedings believe not I can or hope to open all the sleights tricks quillets fetches deceits knaveries and abuses with the irrelegious abominable prophane juggles thereof it being in the whole practise I say practise of it nothing else but vanity and wickedness I am loth to say robbery extortion
and such like epithites which some mens zeal bestow upon it cauterised under the scourge and lash of a long pilling polling suit hurried from Town to City from City to Country from Court to Court Hearing upon Hearing Order upon Order Judgements and Verdicts both so called and yet in a labyrinth not onely Term after Term but year after year and still almost as far off as ever if not further no I aim but to give a clear light that our Laws practised are not the Laws of the Nation that is a set rule of Justice but usurped upon us by evil men they are as practised neither according to natural reason the foundation of the Laws of Nations nor Religion the Law of the Almighty Wisdom pardon my zealous digression I now return to what I had omitted which is that by Law that is the custome allowed A Sheriff or under-Sheriff shall make Returns of Course onely for the benefit of Officers as for example that the party was not found within his Baylewick or that he hath no goods c. when both are contrary yet he is sworn to excute all Writs truly but this is no perjury by or within the judgements of any the English Judges because not being within the niceties of their wise sayings or resolutions no more then thousands of other perjuries which though they may excuse themselves for because the Laws of the Land so called look not at them as the Judges of such perjuries yet that they get no other Law established seeing the great want for redress of such matters they finde before them will be their or the Lands afflictions at last but to go on in a course of Triall These difficulties over I must now put in my Declaration that is the narration of my complaint into the Court in writing and that not in English but Latine though I understand never a word and that in the form the Law requires though I can tell no more then the meer matter of my wrong And in the same manner must my adversary so called also though little wiser then my self But to help out this we have Attorneyes so called allowed Deputies to answer for us skilled in the way of practise and these men they do even do what they list for the Client so called is seldom knowing of practise and he hath so much first for his Fee then drawing the Declaration or Plea which is either general or special and though done with much difficulty and charge is oft mistaken the one for the other again double pleas are exploded and though great advice taken which matter to plead the best is left and so left remediless at Law unless a new bout in another Court help him or else the Chancery either of which remedies is generally worse then the disease Now the reason of Attorneys was this as riches multiplied pride and outward pomp encreased long suits came into fashion and to maintain Officers it was laboured for to avoid further suit by these means to bring all Trials to the upper Bench or common Pleas c. And pleadings ordered wholly in form and in Latine which what for ease and what for the so pretended being so made necessity namely keeping of Records as presidents they were admitted and to get an Attorney was difficult in such chargeable prosecutions which to remedy they were allowed privilâ—dges as Officers in some Courts yet being the Clients Deputies they were the Plâ—…ders or Serjeants I say no more servants and carried their baggs as divers of them did throw in their teeth upon discontent though they have now almost shaked the yoak off their shoulders Give me now leave a little to speak of Attorneys and their practise which almost over-ruled the whole Law First the Judges though the Licenser or allower of Attorneys yet receiving great part of his extraordinary revenue from him as upon Fines c. Next the Serjeants upon all special pleas and the Serjeants and Câ—…ellor upon all legall proceedings the â—lient being generally if not wholly led by the Atturney they were the principal men and Lawyers grown numerous many would covenant to have half Fees with the Councel I profess and averr that a late Judge did being a Serjeant declare it to me as an audacious part of I. B. whom I then found going from him with these words Paultry saucy Knave cast after him by the Serjeant But assuredly they were grown very knowing in the practical part of the Law and some of them have among multitudes of more had these abusive practises laid to their charge against the Laws as taking of Capias's from the Common-Pleas yet never filing an Original This redounding meerly to his profit abusing the Officers of the Court to inrich himself and not advantage his Client for the Cursitor so called looseth one shilling the Philizer one shilling two pence c. So that the Writ which is six shillings two pence cometh onely to him except for the Seal seven pence and if this be discovered before Iudgement though after Verdict I believe it would overthrow the whole proceeding So in suing forth the Capias utlag For whereas upon true practise a Capias being awarded to the Sheriff who by wicked custome not looking after him returns a Non est inventus that is upon a Writ to take his body the Sheriff though he might take him returns him not found whereupon another Capias or Writ to take his body wherein of Custome as aforesaid the Sheriff again makes such a perjured in Christian acceptation return again then goes forth another Writ mentioning what ado they have made to get him and oft times he is out of the County indeed it being done of purpose in another County that he might not know it and then for his contumacy he is exactioned proclaimed and out-lawed and this oft in two Terms which ought to be done in five by the Law but little justice in any part of it though spetious in pretence yet if the Capias were delivered to the Sheriff there were some rule observed but the knowing Atturneys can do it themselves using the Sheriffs name who never sees the Writ and did he not one of a hundred can tell what to do but by his under-Sheriff a late constituted Officer upon the high made difficulties of Law who being one of the same Tribe calleth discovering of error defiling the neast and so lets all pass as Custome leads Thus is a man put out by the Law of the priviledge of a Subject and this only to maintain Officers for let all the course be examined and the issue will be nought else I have known this sued against a man for that the Law gave no action the party yet never demanded the thing and of a man not worth twenty shillings in the whole world and the matter it self not worth five shillings the Charges came to nigh four pound and if he hath notice no way but to sue a Supersedeas which is I take it
where they may have no neighbours and there they have Cottagers servants but no other and some by this means pay not one penny in a year to the poor but their offall well they make a Rate the payment is refused what course now to come by it some Rates are to demand and within six days a distress others within four days some by the Constable some by Warrant from the Justice of Peace that signed the Rate some of any Justice some the distress is taken to be sold presently some within four some six some eight some ten dayes some the overplus is to be returned some deducting charges some certain charges some incertainly and so for Forfeitures and so Warrants some things to be done by one some by two Justices whereof one to be of the Quorum upon penal Statute Laws c. These variety of Laws were the Lawyers gins for seldom but the poor Officer smarted for that the Justice to avoid quarrel with him left his Warrant with this general clause at last according to Law which the poor Constable taking simply according to the literal Tenor of the Warrant he seldom went according to Law Thus was all due proceeding and the substance of Government lost to preserve a fair husk of so called priviledge of the Subject but the husks vertue had this attractive that all the idle money and good money of the Nation was dreyned into the Lawyers purses and the difficulty of the Law was invented by them assuredly on sâ—… purpose onely to keep up the Trade and not discovered by the Judges nor discountenanced upon the principle that every one had their times so letting of servants at Petty-Sessions and their not departure without a testimony and such like all grown to disorder and the rather because now even the honors of the Kingdom were as aforesaid made mercenary to the ends of Covetize and Tyranny and the debauchery of the Gentry spoiled the whole Nation so that the ancient Gentry whether of Brittish or Norman Race was lost wholly in the puddle of foolery and fashion so that put a childe into either a rich man or Gentlemans house and they learned nothing but the foundation of beggary they there growing onely nice neate lustfull and lazy But to return Thus were the Justices and all Officers made tender in execution of the Law and thus the Law extinguished And hence it grew that even Felons Murderers and all criminous persons had at last as much favor as baseness negligence and security could afford for no Hues and Cries were at all prosecuted with effect for no punishment where they ceased and the burthens of Constables in their services were such and the office now put on the meanest persons for vexation that little knowledge he had of his work he ignorant and the Law thorny both for understanding and execution so that he onely put off the work but to act vigorously or with care he durst not lest his own fire should burn his own fingers for if he were diligent and apprehended a Rogue he was bound over sometimes to prosecute the Rogue or Felon for want of an Attorney for the King or his not executing his place duly yet all Processes were by indictment at the Kings suit but however as a witness and Indictings and Recognizance Fees made them soon weary besides three or four dayes attendance and not one penny for all their charges Thus were Rogues incouraged and obstructors and disobedient to the Law Government and Reason whether for Covetize or worse ends sake is evident But the justly feared end of all this by wise men was that by the iniquity of this frame now wholly and visibly naught and lost the Subject might be enforced to submit to such Rules of Arbitrary Government as the King by his Edicts whether personal or from his private Councel should send forth to which all they of his Councel were fitted and all his Lords and Gentry to them by the means aforesaid Now that this evil is faln upon us is evident is it not known to all there was no due return of Warrants by the Constables for execution of Justice twixt man and man but that the party must enforce or secure the Officer or nothing done yea the Sheriffs of Counties from the nicities of Laws would not execute a judgement without securitie to bear harmless rather venturing breach of oath then the rigidity of a suit Now one Reason will manifest this was not unnecessary on their part for their at least practise of the Law did bear that if execution were upon another mans goods though in the shop of the party and of the same condition with his Trade yet upon a Trover and Conversion a figmentious Action the Sheriff must be overthrown these were the ways to prepare the Free people of England to slavery and absolute vassallage they doting upon their so called Laws The Bishops corrupted the Prince the Princes corrupted the Judges and they being the speaking Law the dead letter did little good so that it was time for English-men to look to themselves here were Symptoms enough of ruine threatned both to soul and body and estate but the wayes were dark for the contrivances were fitted to every capacity say Popery was intended nothing less the Laws sharp and execution visible as to the first part calling in question indicting and conviction all this brought gain The next step was gain also that is discharge upon composition Say Tyranny was intended to be introduced no you have your Judges both sedentary in the ordinary Courts at Westminster and Itinerary in the Counties and they gave the Law where was the King to be blamed this suggested and the evil continuing the King walks higher and by Pattents of grace so called that is the meer Will of the King he inhibits subjects their Trades and under a colour of mischief brings in an inconvenience that is to prevent an incertain charge or loss he imposes a certain charge and this contrary to Statute-Law these were called Monopolies London gained as much by this destructive chaffer as any place truly engrossing all Trade to her self under pretence of regulation which is necessary for the outward formal pretences of Companies of Merchants for well-making ordering selling c. of commodity is good but to leave them that are Masters of the company to the sole making of the Laws and execution also is destructive they are like Benchers of Inns of Court no Sir le ts not make Laws to bind our selves as if the place had given all power to them they make Laws only subservient to their own ends I shall exemplifie but in one petitioned against in Parliament these Merchants having places of Mart or sale the Masters agree in private send away their commodities and some dayes after declare where the Mart shall be theirs are either arrived or half way or prepared to the voyage when time 's so scanted to others if at all possible that the
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
value to be determined by any two Justices of the Limit by their Warrants without Writ especially at monthly meetings but more especially if they were both poor that is not worth one hundred pound clear or if but one of them the poor being grown lately as well enemies and devourers of one another as the rich That there might be but one waight whether Troy or Aver du-poiz in the Nation and so one measure and one tenure that is Freehold of the State not grantable to any person or persons so called mean Lords as tending to the high advancing of particular interests much more subject to destroy then support the Commonwealth especially that basest badge of slavery and the most prejudicial to the interest of a free Commonwealth the so called Villeni or bond service urging that the Rule of Littleton That Land being the less worthy cannot engage the person of a free man which is more worthy and so that Villenage or now so called Copy-hold is incompatible with freedome and the evil effects of this have appeared in choyce of Representatives as dangerous as ever did any Feife service of the Barons to their Soveraigns the Kings and they say it is just the Comminalty should have right done against inferiour Lords now the Lords have right against the King or State that so while we be freed from the Tyranny of a Prince we may not be worse slaves each to other for they can instance more wicked unchristian merciless and cruel acts in Copyhold Lords then in all the Princes in the world They also desired if the State took Tonnage and Poundage Customes c. that the Seas might be guarded and some said if they did not it was lawful to steal Custome but I put that opinion in a Parenthesis they desired that no person or condition of men might be secured from Law that all evils as appearing might be at appearing rectified and to that end that an easie address might be to Courts of Justice setled in power in the respective bounds both for ending and determining according to Law setled and preparing for remedy to emergent evils by certificate of the matter They said they valued their priviledges as high as any but they would part with their priviledges of men to enjoy the priviledge of just and wise men they therefore would deny themselves things lawful if found inconvenient thus did they submit to the Magistrate and thought not themselves wiser then them whom God set over them but this also admitted that Magistrates were men and might err that the rule of their Government being but perfect reason supposed that infallibility was not tyed to the Seat of Justice if not to the Throne of the Prince and Chair of the Bishop that it was the duty of the Subject with fear and humility to advise of the Law and that no man might oppose the Law but lawfully not to be the Authors of disturbance to the State lest each man might contend for his own opinion until there were as many Laws as men They said that the poor were a parcel of the body politick which ought to be provided for setledly and sufficiently some propounded Commons some concealed Lands some one thing some another but these were mistaken parties generally though well affected they might be for Commons were the Tenants Rights originally not the poors and concealed Lands might now have proved as fatall a Hawk to the State to whom they now belong as Forrest Lands did before to the King for as I have said before all Tenures Titles c. being grown so difficult what might not have been adjudged now concealed as then was Forest These men further allowed and desired that persons should be brought into due degrees the due power of all persons respectively setled the primitive order for security of the Nation by the enforcing the Laws of Tythings for idle vagrant persons Hues and Cryes for Thefts Robberies and such like that due orders of Cities and Walled Towns Bridges and great Roads for Watches c. Regulations of all Trades by certain and just Laws might be renewed Prisons not made the Schools of all Villany but places of due laborious restraint and safe keeping and that specially first for persons criminous next dangerous lusty riotous lazy and idle Publike Offices to be born at the publike charge and no just Office to be the burthen or ruine of a man such as to be a Reader of Inns of Court High-Sheriff Constable Major Sheriff c. of Counties and Cities That all Customes be certain all Fees of Officers with a thousand things more which experience had rendred manifestly holding forth Justice or the foundations thereof Now these just things being so diametrically opposite to the Interest of multitudes who had for their corrupt interest sake or to make a fortune in their own Idolish phrase joyned themselves to the Parliament party were heard but neglected then scandalized to commix Interests with the errors afore-supposed in Levelling in the grossest acceptation so that each rule almost of morall honesty was now miscalled Levelling The reason why I call these just things Levelling is to unmask these Satans and to manifest to all men the strange artifices used to obstruct the truth and take men off from the entertaning true apprehensions of it suggesting to them these jealousies that though the Propositions held forth nothing but seemingly just honest and Christian yet no doubt there was a Snake lay in the grass to eat in pieces the root of Government and debase the Supremacy of Magistracy destroy order annihilate property and introduce the confusion which some as I have said are said to intend and we may justly fear if some timely and just order preventive be not applyed will by these self-seekers be assuredly perfected But all these just Levellers had not the same foundation or principle for their designs though know assuredly all honest men reall and of publike spirits Papist or Kings Protestant that is he that would walk no further in the way of Christ then the Laws of the Land taught him that is beleeving as was by Law established according to the Canon c. yet zealously making conscience of being wiser then his Teachers Presbyter or Independent or of any Sect Opinion or Religion soever were nick-named Levellers by them that found it best fishing in troubled pudled waters But as I say they had several principles The Presbyter founding his Levelling upon the Judicials of Moses stuck to that Rule that the Judicials were Gods own Law given to his own people with whom he had entered a Covenant not only upon Mount Sinai but in the loyns of Abraham father of the faithful that so Abraham is our father and we by faith his seed and so bound Again that the people chosen of God were Types of all Gods people to whom that Law was given in them and living according to that Law should thereby manifest themselves each to other to be the people
so used which liberty being much abused the parties who upon the heat of the blood that is while the injury was fresh complained were bound over by Recognizance to prosecute for the King and so were the Witnesses but if the party or the Witnesses should refuse it it might much be scrupled what by our Law ought to be done to inforce them justly but Custome hath prevailed to go by steps The places of Trial of Crimes are either the Ordinary as Kings-Bench or Statute-Sessions or the Extraordinary and yet Ordinary viz. the Commissions of Oyer and Ter. and Gaol Delivery carried down alwayes with the Iustices of Nisi Prius at the Assizes or the legal Extraordinary which were an assotiation of more men then ordinary according to the novelty and exigency of the cause most legally and usually made up of all the Iudges of all the Benches and no other and heard in the Checkquer Chamber Now these are not to be scrupled in themselves the other and which are extraordinary and scrupled as illegal are meer Royal Commissioners consisting of Iudges Lords and other men according to the pleasure of the prime Magistrate and these were rare and but in case of great offences or doubts of imminent at lest so pretended concernment And there were two Causes the one professed which was the resolution of many wise men sworn to do right according to Law betwixt the King or State and the Subject who by concurrent Votes assured the interest of either party and surely were the Law by which they judged as plain and evident as the reason or foundation of their extraordinary judgements there would be no exception but the fear heretofore on the peoples part which is the ground to the present jealousies was in respect that Commissions pretended of that nature were aiding to the inchroaching vertue of the Supream Power to the advance of Prerogative especially after King James had made the Iudges which were the leaders in both these powers his meer Creatures by absolute dependance in altering their Patents as aforesaid from during their well abearing to during his pleasure How the Iudges Patents are now I know not but except the present condition of affairs make that now lawful which in it self is not surely such Arbritrary Patents are introductive of the heights of vassalage for if they in each Punctilio advance not the intendments and interests on foot of the Supream Magistrate be it good or evil for God or against Liberty or Bondage A Writ of Ease is next to be expected and that engages to the slander of every malitious enemy and he now lies open to the lash of every accuser especially if any litigious person hath been overthrown before him O how the man bustles and now is his time for revenge our eys have seen this and this I suppose to be the ground of fears of such Commissions I willingly avoid Ravelling Controversies upon presidents which in our Laws are so many and so diverse each from other and multitudes so contrary each to other as supream or most excellent reason must bear sway and then the arbitrium of the Commission will not be so much the question as the Law by which judged If it be objected against the adjoyning in Royal Commissions that they are nor Lawyers nor Iudges in Ordinary but Merchants c. I say there lies an Appeal to Parliament from any Court Ordinary or Extraordinary which receives Commission under the Parliaments Authority If it be objected they are meerly the States Pentioners then the Argument is against the Supream Magistrate mediately against their Iudges immediately and is remedied by appeal but this is manifest that there is no necessity of these Commissions they were continually declaimed against and denied as one gap to invade the native proper liberty of the Subject and if now inforced can but foment jealousie against the State Having now found out the proper Courts of Trial of criminal persons let us see who the criminous person is and how to be dealt withal the criminous person is vulgarly taken to be him that is accused Legally him that is convicted not differencing where upon examination before the Iustice there is confession of the party full evidence upon oath violent presumptions or barely suspition but all are dealt withal alike except they misdemean themselves and in case the matter be baylable baylable alike few Iustices looking at good bail but all the Clerks at their Fees in which case much error is where the Clerk is Iustice of the Peace or c. and the Iustice not able or too proud to draw a Warrant himself Now by the Law of England and just reason mens liberties being highly prised heretofore men were to be tried the next Gaol delivery I mean at the Sessions for the County but now by a Statute made in the time of Philip and Mary or at least under pretence of it all matters criminal being death that is out of the Rogues City of Refuge that is to which they cannot readily plead guilty of all Felonies within Clergy the still continued shame of England so that some use a hateful Proverb All Rogues to the Clergy and all Clergy to the Gallows they must be tried at the so called Assises This Statute was a great friend to the Clerk of the Assize above the Clerk of the Peace and those Iustices that will not see this Statute the Inquisitive Clerk of Assise can spy his time to fit him if he cometh in his compass which may be every Assises and though present put him down absent so he is fined forty shillings and to remedy it will cost twice so much Now in the Gaols the Schools of Iniquity they are not imployed and if any one will imploy himself he must purchase his liberty to use his Trade at the Gaolers discretion for there is no Law for it no not for Debtors so that having nothing to do the Prisoners confer notes and the older Thief Cutpurse c. still instructs the yonger in the revealed quidities of the Law Vain people think highly of these nice evasions of Law but the serious sees it makes the Law ridiculously difficult the great Rogues scape but the ignorant and unexperienced dye for it All honest men love mercy and are as loth simple Felony should be death as any but they would not men should by Custom abuse just things or endure unlawful ones or connive at wickedness Yet these and multitudes more well known have long and do still pass unremedied or are provided for but in part or for a parcel of the Commonwealth So that it is certain the generalty of men which once come into Englands prisons of all sorts as now used are spoiled for ever both as to industry and honesty yea so notorious is the evil that I have known many Justices avow it was their sorrow to be in place to be instrumental to such evils by sending one for his first offence to Gaol and likely to
be amended but sent to Gaole whither he must go he was irrecoverably lost Now for maintenance in prison originally in such cases as the State was forfeited as in Treasons and Felonies which were tryed very speedily the State was seized by a publick Officer by way of securing and the wife and children if any were continued in the house c. giving security the goods were not imbezeled and nought removed or sold unless for the mainteance of the prisoner the forfeiture then reaching from the time of the fact committed and then though this were just there was this injustice that the forfeiture paid no debts an unjust and unchristian thing yea if opened the loose or inlet to abominable cheating cozenage and knavery Now the Law is that is practice constant that the prisoner maintain himself till himself wife and children are undone by selling all they have for the maintenance of the prisoner and paying Gaole Fees though he be not guilty a most wicked thing and this happily for acts or words no way Treasonable Felonious c. or for such matter which none but a malicious Adversary would have prosecuted And to say the King paid his prisoners Fees is but to argue from matter of fact for take a prison properly it is but as a pound to dammagious beasts and in the proper pound the owner must provide for them and they that offend must provide for themselves or rely on charity It is truth it is but just that in case of so called illegal or in cases dubious whether baylable or not or where baylable yet for good cause denyed and in all extraordinary imprisonments that is by absolute power in limited Monarchy being causes for which the Law provided not it seems reasonable that the same power that commits should sustain untill the Law adjudges the offence for in that case the restraint of a Free-man seems punishment enough now for such a man how he comes into prison that is whether by the ordinary Officer of Justice as a Constable or by an extraordinary hand as by armed men is not material but the Quaere must be rightly stated That is whether in a time of full peace no enemy appearing nor to be feared a Subject may be by Law arrested by an Armed power as to this it is said that considering Law to be the issue of perfect reason it is a matter worth mature advisement for the life of liberty lies in it that is the refuge of the Subject against the powers or authority call them what you wil for commonly the Souldiery are either in body and so obey no common Arrests and Processes of set Courts or dibanded and seldome an active man in his own County and well known will appear in acts of high dispriviledge so that offenders in this kind are seldome worth suing upon a trespass and the law of retaliation rather satiates the brutish then the manly passion or affection and bondage for satisfaction hath been hitherto exploded Others say the crime is to be looked at and then no matter who executes it as in Felony each man may by Law arrest and then if every man will it is neither Riot nor Conspiracy what ever it may be called Others rejoyn to both parts and say that they are sadly distressed to see the various interests of persons leading one way to day another to morrow which their diversity of opinions fully demonstrate They desire plain truth with Iustice and to that end they say that both are lawfull time and person considered and that this consideration is and must be left to the Magistrate who must not stick so in the bare letter that he lose the evident meaning of the Law and ought to be punished as a defaulter against his trust should he not in some causes use extraordinary power for the Commonwealth must not be without sufficient power to defend it self And therefore they say that if the Law doth not provide for such emergencies he ought to be defaulted if he improves not his power to the discharge of his trust that is the peace and safety of the Commonwealth though he incurrs the lurch of the Law according to the old Letter The example was under the late King James at his comming to the Crown when after the death of famous Elizabeth the County of York raised men and armed them against a sort of out-laws which Act was by the letter of the Law Treason c. but upon debate wary enough it was resolved their duty and they had their pardon against which only some object saying that if in reason they offended not why should they be pardoned Now this is answered others might else be imboldened without due cause which say the objector's is nugatory there is nothing of weight in the case more then the Officers Fees of suing out the pardon and to stop that scandal let such pardons issue of course by a day at the Officers penalty so that the party shall not need pay for expedition but as to the case in hand it is propounded that in cases of doubting it were better to assure all fears to let the Souldier be but assistant to the setled officer and not used but in evident necessity but the thing is the same I must agree the prison may be any where by the law which men in point of favour easily plead but touched then the Court of guard is a prison then White-Hall the head-quarters every thing is odious but were this same man put there under what he counted a civility it should be acknowledged it may be therefore of great policy this was left in the Judges brest to endear by such circumstantials where he saw cause but this was altered upon good reason in part and prisons made publick set and certain c. The next thing is to bring the prisoner to his Tryal wherein the Law as I said favouring life gives priviledges of no evident reason in case of crimes worthy of death especially the certain offendor present Truth is if the pretended Law of England did as many of the Officers of it do think one thing and speak another tell them they are to dye while the prisoner knows Mr. Ordinary say the Judge what he will will openly prophanely and unchristian-like of course lye out a Legit though he knows never a letter and his conscience never grumble to give sentence accordingly it were not worthy question but evident reason being its guide why should they question thirty six men without any cause or with a wise Sheriff c. is that so called priviledge ought at all yet this in some cases is highly advanced this past and that he is to plead which ought to be openly the doors not shut during the Tryal the Law of God of England common reason and constant practice of Nations agrees it First he may make all by the Law void in the Letter by an appeal yea I take it also without shewing any cause Next by
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
that it grow not from an Oligarchy into a Tyranny which gives just cause of fear while of Parliament men and those perpetual and no power visible to question them they are not responsal for any wrong and to put any into office with them not Parliament men and so responsal except their brethren in power beat them out there is injustice that one should answer another not for the same fault They rather desire some fit way of choise of one man out of every County in the Nation from them come to Committees delays the complaint now foreruns the new instituted Committee of Accompts all Receivers Treasurers Collectors c. will have fine work no Rule Order c. but bare placet of c. But the Officers of Sequestrations will have the best share of trouble who have accounted in the County to the Sub-Committee of Sequestrations among themselves to the Sub-committee of Accounts there Now all must account at Goldsmiths Hall and then to the new Catholike Committee of Accounts as if Officers were but to drive a Trade of maintenance by whole sale and retaile from one shilling per pound to nine pence then to six pence then to four pence three pence two pence one penny per pound and that drawn out again in two three four five six seven eight nine pence c. per sheet to Writers Clerks Accountants all after the form of the corrupt Commonwealth past There are honest men of all sides say That they fear no policy will prevail against truth that is they hope though it be so feared upon which they offer to confideration whether it were ought but corrupt interest that made good men bad Bishops And whether it will not upon the same Rule make good men corrupt Officers of all sorts therefore they hate as much to hear of one shilling per pound as of Patents during pleasure or to some for three years while all are not so and then not capable of so many years more for the remote contingent dependance is evil though not so evil as the more immediate and absolute Indeed there is a great complaint that not onely things complained of c. remain still the same but grow worse Inns Taverns and Alehouses multiply to the out daring Justice irregularity in all Trades c. Neglect of all inferior Powers in ordinary Jurisdiction The orders issue That all is left to be done according to Law but that so dilatory and difficult that no wise and honest man dare meddle with it so that many faint and say what they expected to be be the Lords deliverance is his Bondage many while in the Wilderness wish they were in Egypt again there are that call for Kingly Government as you well perceive Yet were they the instruments to his overthrow vain and impatient spirits some rebell against you to make themselves high indeed like Corah and his company for they say What are you that you shall raign over us Therefore they say Let the old Race come in again let not upstarts c. now these are the Lords Remembrancers to you you are of the same frame and temper with other men And you know mans condition since his fall he hath shaken off the pure Law of Righteousness as an insupportable Tyranny and we are wholly led away of our own lusts and Satan snares us under the notion of Liberty Thus are we become mighty in mischief the devils policies are easily learned but his stratagems difficulty if at all but by grace discovered this makes us more subtile to deceive our selves then others but God assuredly will not cannot be mocked this makes many fear mercies are given for a snare that is for future and greater Judgements which the Lord prepare us for if so determined but if it be his gratious Will prevent by our returnings By all which now it is evident that the Apostacy and defection hath over spread both Churches and Nations the people of God as well as the men of the world that this Apostacy hath been yea is in England c still working as vigorously if not more then ever Satan now rages and the chaffer of the Whore is not yet expulsed the Camp of the Saints The stone hewn out of the Mountain without hands in the Regiment of the Lord Jesus hath been rejected as Chyliastical a notion too obstruse in learned Scripture sense how plain so ever in the vulgar letter All that I say to them so reject it yet look for Christs coming is let them take heed that as the Jews eyes were blinded in looking for a Prince and lo a Servant That we be not blinded in still looking at a Servant Christ when he will be exalted lest in stead of one we raise up many Antichrists and set them in the Seat of God I would not be mistaken I plainly mean with what limitations we intend the Magistrate to be the keeper of the Keys which I fear can rest in no mans hand but the Lord Christ's let him have all the power the Pope or Bishop or Clergy could claim But I say the fellowships of Saints are freed from the enforcing power over conscience de Jure though all evils as well as sins may befall them with others for disobedience to unjust Laws de facto You whom God hath called out to the work have a great task be not found idling or about other business that you are securing your great estates or laying out your hundred thousand pound in a setled way of lands c. will be a weak answer at the great day of account Give not occasion to evil men to speak evil of the Lords people and of his wayes for lucre sake England offers it self as a white Paper to receive any Print you need not at present out of fears of a change pretend a new Representative to quiet spirits No the people are as the Israelites at Mount Sinai feared enough with the thundrings lightnings and Trumpet of quarterings Sequestrations and dilatory attendances that they are resolved speak you like Moses to God for them and what he saith they will hear there are some or other particulars ready to fly out and say as Corah Am not I as good as you as wise learned vertuous godly c. in impatience of spirit But blessed be God all the Congregation have not yet said as they You have slain the people of the Lord We know say some the difficulty of the Work if there were no opposition how much must there then be where there is so much sit not still find time to settle least God take you away let 's at least see the fruits of your labours and if you think it not yet the time of Christs personal yet it be of his vertual Raign here let there be a plain sure certain easie settlement of affairs with that charitable affection that sociable suitable behaviour that clearness and that in simplicity which by the Laws of Nature is due to our
unite spirits and affections whereas plurality of parties or interests nourished they generate and consider advantages as hath been evident in the traverses of this Nation You have seen the standing out of the King against a few just things made at last that many that would have been granted would not serve the turn I profess it is meer zeal to Justice hath produced this I have avoided bitterness to the utmost My only hope desire and prayer is for the welfare of the Nation and the establishing of it upon the firm basis of most undenyable verities I shrink under the opposition Truth is like to find I know the alterations of Nations come not till Nature as it were almost stifled labors for life it must purge or perish I know where knowledge is greatest Satan is busiest here must be great if not the greatest opposition what God hath I hope dictated to my spirit I have held forth to you of this Nation who are in supream Trust You know how dangerous a thing it is to alter the frame of Ancient Government you yet see its easier far to pull down then to build to you I say it must be extraordinary Justice and exemplary vertue must stablish you The temper of our old English Government in the mixtures of the three main Regiments was in Christian Politicks heretofore held the soundest of all most just and so most durable As for evil Government of Kings through usurpation of power the purity of it being destroyed they did admit and do to this Establishment without King or Lords yet if the contrary drawings of the Democratique estate or insatiate interest as old Writers have objurgated of many equals tend to the continuance of pressures either of purse or person the issue will be dangerous it 's evident the looser knots have been untied by the halter I mean the Robber Burgler c. but the treble Cord of the Religious Necessitous poor which are a multitude joyning with the pretending Leveller and Hypocritical Opposer will know their time they look for the day of their necessity There is nothing of Justice or Civil Righteousness in a strict survey more then what meer form produces or necessity among the many If there be not a speedy settlement there must be a dis-settlement the people are prone to as well as stirred up to disobedience did you command never so well if Subjects shake off the yoak or loose it but in what or as long as they please Empire must down We are now as it were in the dregs of so called Populacy the Kings attempted alteration and alteration was just but just things must be done justly and as he suffered for seeking himself so will others in their day if the expected one come mete out to you You are compassed about with difficulties every way God give you eyes to see your way still we looking at your transactions afar off have seen God going along with you Be not deceived you see it was not in eminency of Justice Righteousness Mercy and Truth acted but held forth no we saw your failings but hope of your integrity for we saw God evidently changing your Errors into a question of foresight and prudence to your Enemies so that they beleeved that Stratagemicall which was Casual or rather of providence O that all this might but raise a heart in you to serve and trust God do not only hear Sermons and for you of other stations labour Righteousness in your places your divisions shew your carnality Learn the nature of the one Covenant made with Abraham Isaac and Jacob and ratified to us Christians so distinguished from time as of Faith and Works that as much of Works is now requisite under the Covenant so called of grace as was before of Faith under the Covenant of works contend not so much whether Magistrate or Congregations be the Keeper of the first Table as both to give due glory to God and educate the people faithfully in the knowledge and practice of the Doctrine of the Gospel and you chief in power to see to govern them according to a Rule of Righteousness upon a sure foundation in all places and callings which according to the Talent God hath given me I shall here hold forth to you and that out of the so called Law of England or usually accepted Law Books of the same with the Word of God and the approved examples of our most free Progenitors wherein that I name not the Authors I have before laid down the reason I shall only now hint That its the duty of Magistrates not to regard the person of the man from whom the work comes grant it but my mite if it be pure Gold put it into the Treasury I will give much light to some and though others know much more let them also improve their talent make use of this till then Some say 't is the nature of Englishmen better to follow in the dark then go before in the light give no more occasion to that proverb I am no enemy to Powers or Authorities Here is nothing difficult elevated above ordinary frame so austere that the practice is impossible for a time or dangerous to many for it is salutary to ten times so many more It is the reducing Government in as much as may and the progresses thereof to the Rule of our Saviour My yoak is easie and my burthen light laying forth Justice in a due proportion betwixt the Duty and the Power so opening the reason of the Magistrates power and the Subjects obedience that the ancient Quarrels of Interests on either side must be little if any at all stinting the many mutterings and murmurings against the State from the default of Officers and Clerks not of the Judges themselves which if not done do all the good you can and you will be still aspersed and scandalized and there is some reason for they and their Clerks are alike for their care is neither for publike good nor common honesty all they look at is private gain the great dishonour of a State and Nation Now the God of Heaven give me wisdom to hold it forth in such order that it may carry such an evidence of Truth that all Interests may submit to this one Interest of the Regiment of Christian reason in a Commonwealth and what ever is defective may by your power and industry with the advice of such whom you shall choose be speedily setled to his glory and the comfort of this afflicted Nation and set as a light upon a hill to be a direction and president to all the Nations of the Earth That you as faithful workmen may do great things to give free liberty to the word of salvation and build up the Jerusalem of God and set on the Gates and Barrs Locks and Bolts whereby the Congregations of the faithful may be kept pure within themselves by the power of the Word and free and secure from the violences of Enemies carnal and spiritual
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
absolute Monarchy is the Government of one man according to his own Will without any regulation So whether he rules justly or injustly hath seemed needless to quaere supposing that the people having simply submitted what ever he doth is just though just reason with just men be his Rule But here is to be quaeried whether such absolute subjection binde the parties so subjecting themselves to obedience in things unlawful and evidently destructive to publike good To this it is Summarily answered that they themselves are not bound for as Nature doth nothing in vain so neither communities of men who act together by pure Naturals that is look at what they call good therefore as for preservation of the whole they agree to be subject who were free so for the same reason visible they may reassume that subjection into native freedom and this the examples of all Ages Nations c. manifest to be the Law of pure Reason whether their attemps were successful or no. But what if bound by an Oath To this I say the Oath must and can work no otherwise intentionally if free then to the general end aforesaid common safety and that destroyed they are loosed for the Law of Nature and for Freedom sake all reason annexes and must annex such a condition to every such Oath But what if the Oath were enforced I say it is absolutely and simply void all Laws in all Nations in pecuniary contracts the Minima hominis damn enforced Oathes then much more in main matters of liberty though the interest of Princes and great men under colourable shews and pretensions of peace and quiet thereby have caused great Wits and great Pens to abandon Nations to the lusts of particular men This cleared in the absolute Magistrate it will be more then clear in the limited that cautioned Freedom how ever obtained and by whom ever must be observed and though that the best ordet is a whole Representative to act in enforcing and judging matters of so high concernment Yet the declarative act of breach of Trust past by the major part execution as with us may be just though some say not justly done that is in manner and form I here admit of Form But some say it had in the formal part ample satisfaction according to the letter of the Law and so was done justly for if a force were upon the house it was by the house and they not questionable but either by the whole people or a new Representative and this till recalled by a more lawful power must be just This was done by Parliament at Westminster the place and a sufficient number of persons to make a Court in Law there was and the Law gives no power to inferiors to take notice of the jangles of equals especially in Supremacy of Power this in Law in Conscience they must look to themselves who did the Act if unjust our conscience is to look to the preservation of just liberties which we have and in a due way to gain those which under pretence of Conquest past or present have been gained from us and by time usurped which these men have promised who are our Representatives that is of the whole Kingdom for their general and great Engagement is First to do the Nation Right next to serve the particular places faithfully for which they are chosen and to see they have no wrong Now of these Monarchies some are Elective some Hereditary this alters not the Cause but may make men more cautions in case of the Nation whose Kingdom is constituted by Hereditary succession For if strict Order be not held with those Kings they at last devolve into Tyrannies that is not onely one to Rule but his Rule to be without any Rule not according to the Law of Righteousness but at Lust and then there is no way but alteration of the frame of Government in Supremacy 2. What is Aristocracie WHere all the Noble men or great rich men of such an estate Rule it is called Aristocratia 3. What is Oligarchy WHere a few men of the rich and noble or powerful overn all it is called Oligarchia and is seldom but a government of few 4. What is Democracie and the ends of all Government WHere there is equality and the greatest number Rule that is called simple Democracie which ever was a dangerous State as newly drawn out of confusion The next is where is the whole body thoose never so vile a wretch he is fit for the place a Tribune of the people and his Yea or No goes as far as Any's An other Democracie is setled in several choices refining the grosser pars by degrees and by wise limitations restraining the way of confused meetings and yet giving just freedoms and to keep Justice pure limiting the Electors as well as the Elected and that not onely by restraints of not such estate or no Vagabond or that hath been such no Thief no out-lawed person no perjured person no servant but some have Christianly added cast out of the Church a common Swearer Lyer Tavern-haunter Prophaner of the Lords Day a Gamester Some now may as well say any one not received into a Church-fellowship This yet being the work of the Supream Magistrate the more warily ordered the State is in reason constituted the more durable By this it is plain that all subjection was admitted for protection and that protection merits and may require subjection and subjection protection that this power imployed against the end is in Law that is the radiance or glympse of Divine Reason in man utterly void and all of them intend but the same thing namely publike good although they seek it divers wayes 5. What form of Politie is best THis past I now come to to quaere which of these forms of Politie is the best Wherein I cannot be of opinion that Aristotle onely out of affection to his Pupil raised Monarchy to the top of Excellency for why should he not as well have set his King above the Laws but this indeed he did not resting in a limited Monarchy wherein the Law was the Kings boundary and surely he knew no King limited but in Greece specially in Lacedemon where I take it he was subject to the Ephori and by them to the Ax and the Halter c. I find the excellency of a Kingdom above a Commonwealth rather by not having the Evils of Ambition and quarrels for Supremacy then the good of Common Justice Right Laws and gallant Spirits begotten and educated T is agreed a King is more easie to be corrupted as is and hath been ever manifested in all ages and though it was then preferred as more easie to reduce for few would then stand against publick interests yet now it being made the Idol of vain men and the Christian world wholly o're run with vanity it is hardest to be reclaimed for things are evidenced to be easie or difficult as interests are Yet Divine Providence hath here blown upon all
settle the power Now I come to the Rules of bounding the inferior Magistrate wherein I conceive it is principally requisite to add to the general Rules of Law or head Laws particular Officers by which onely it is lawful to act in time of peace or not imminent danger That to this Officer being sworn or tyed under a set penalty of faithfulness in his Office the Magistrate send his Warrant expressing the cause of the Warrant as now to Constables and that this Warrant discharges the Officer and then the complaint is and ought to be against the Magistrate For no reason one should be punished for executing his Office by command of his Superior Nor is it fit the Magistrate should be too suddenly lyable to Question therefore it is requisite to have some appointed near hand to whom the Magistrate in Ordinary and also the Subject may have recourse who knowing the Law may speedily determine for otherwise the Judge or Magistrate is discouraged on the one side to act and the Subject on the other side fears his liberty to be infringed both which must be provided against speedily and certainly For it is assuredly meet That every one not acting Legislatively but judicially upon Laws set should be under the jurisdiction and Cognizance of some one or more person or persons and to make returns to them of at least all matters doubtful And again That they that act Legislatively should not act judicially nor be the same persons unless in case of visible necessity least otherwise Justice fail As for example if the Judges of the Common Bench Common Pleas and Chequer were Judges in Parliament could we think the Parliament fit to determine their Errors le ts have the best Laws that could be Laws would be but dead letters still in themselves 9. Whether the Laws ought to be according to the Judicial or what and whether a head rule or not I Come now to that great and old difference or difficulty what is the boundary to humane Power or Authority or Dominion call it what you will it is the executive vertue in the Magistrate Supream in dictating or giving forth of Laws Now I in this shall wave treating of Law in its variety of objects and shortly give you this description of it It is the Rule of well ordering Societies of men or many Families of men living together and aims especially at preserving the poor and weak against the rich and mighty c. Now it is truth that many Nations have divers Laws yea great variety and all just and some Nations have a few Laws and many unjust naturally each one seeks particular good But as this grew obnoxious to particular persons or families they joyned together and that under agreements wherein there being still particular respects according to the advantages and disadvantages of the Covenanters so were the Laws more or less unjust but ofttimes that which was seen unjust after was not discovered such at the time of enacting Hence some have to take away all wrangles fallen upon a Community some from Community to Property still looking to avoid the present evil yea from hence indeed spring all the Commotions and hurries of the world which so Rent and shake people and Nations So that there was nothing so highly honored as the enacting good Laws I take it to be the Original at least one of the chief Originals of the Heroes or Daemones men Deified so God himself stiles Magistrates because of their Representation of him among men and all these Law-givers pretended at least to receive them from the gods or the friends of the gods For even to natural men it seemed just that what wise men had instit uted wise men might alter Now if these Laws were onely some Prerogatives of the Princes or Priviledges of great men which men had sought to usher into the world with such pomp there might have been a ground for obstruction but these which were the Laws of well living the Laws tending to publick quiet repose riches honor custom of living being equal to if not above nature were of necessity thus brought in onely by fear of the supposed Gods yea also the future Magistrate was by this superstition call it so onely kept in aw not to break forth into exorbitant affections or decline action either not to make the Law like the knife of Delphos for all purposes or else for no purpose So are men byassed by private respects on the one hand and loving supremacy of power on the other that unless there be some over-awing decree some setled boundary beyond which we must not pass there is no safety Now if it be said this is indeed true in the cause of natural men but not so to Christians Grace perfects nature I agree it is truth in some sence but not in every part for it is rather true in the future then any other Tense for it works here in the flesh not so intensively but more remisly yea sometimes the effectual work of grace seems dead that this is true the agreed failings of the Saints evidence Yea those in whom the work of Grace was begun sure enough as witness Davids Pride Murther Adultery c. Samuels sufferance of his sons Hezekiah and all others before Christ Peter the sons of Zebedee Paul Barnabas and others under the Gospel So that it is plain we must remember it to be truth in some sort which was objected against Aristotles councelling Alexander as was pretended to use the Greeks as friends and carry himself as their Guide and Conductor but to use the Barbarians meaning thereby all other Nations as enemies and carry himself towards them as Lord and Master The reason of their objection was very acute for say they there are many Greeks wicked and many vertuous Barbarians So that if any Quaere whether Laws should be diverse in respect of divers sorts of men it is shortly answered Laws are to restrain and punish onely evil whether men or actions This being cleared the next thing is to come to the more close and plain resolving of the question wherein I cannot urge antiquity for I wave all Authors more then as illustrative taking none as Authoritative the superintendency of the Expurgatorian Classis abroad in forreign Authors and our Licentia or Placet at home making them speak what they list or as they list who are masters of the Press for if so done to some why not to all or who can tel to which and indeed there is no necessity of either ancient or modern testimony the Almighty wisdom having the same fountain of endowments graces and abilities as in any age and the same as plentifully poured out now upon us however it is improved This premised I then Quaere what law is existent among any or all the Nations of the world like that which is called Moses Judicial holding forth such fit and apt punishments as are there laid down carrying with it such a visible reason for it self
is that of Magisterial Interest whereby he would wave a limitation or rule in ordinary and make himself absolute in every condition For Supremacy generally aims at absolute Power in all estates Royal or Republical or mixt though they maintain their interest diversly according to evident principles upon which their foundation stands this therefore is a Politick rule but how warranted by Supremacy of Reason upon the pure principle of common or universal good or what Rule in the Word must be examined in the written Word there is owned nothing as clear for sure then the controversie with some one good Magistrate or Commomwealth or other would be determined and the interest of Righteousness would cloud the interests of riches honor power c. This therefore failing let us see the Reason the first part whereof is in necessity of altering Laws according to emergencies to which it is answered That Laws in inflicting just penalties may be higher or lower according to emergency and the rigorous or exact execution may be justly inforced but the incompatibility or disproportion of the Law of Death for Theft is in that all the goods of a Prince are not of equal worth as goods be they Horses Kine Gold Silver c. to the head of a Slave consider him as man nay the Lord touches not mans liberty for goods meerly if he had wherewith to restore therefore this Reason will not avail But if we consider the Quaere a little further there will appear less reason yet and that is that even Christians themselves doubt not but that would the Magistrate wave his advantages both to himself Clerks Officers c. by the death of Felons and strictly see to the Execution but of restoring two or three fold Theft would not be the one hundred part so frequent as now it is for though generally it be truth that preservation of life is the prime principle of Nature and he will part with all to save that Yet the spirits of some men are such being not polished by divine precept that they scorn to live but as they have been educated some will dye rather then labour and so Thieve or commit any villany Now it is by some thought these may be put to death but these do not put these men to death for Theft but not having to restore they imprison them to satisfie by labor their wrongs and if they break prison they dye for it so that death is now inflicted upon them not only by the equity of the Law Judicial but universal reason cutting off this disobedient son rooting out this Moth of the Commonwealth and there is sure much of Justice in this for now with Christians to prosecute a Felon as any other criminous person will cost a man in expence of time and Fees and other charges as much as would have kept his Family a moneth which added to his loss who would prosecute yet compound the Law forbids but I intend haste The next reason is the Judicials are so mixed with Ceremonials To which it is answered that many are clear use them the other search out how the mixture stands for if there be a plain Law of distributive Justice a necessary rule for the benefit of Societies take that and if there be no corrupt interest in it sure it will be accepted by wise men though meer Politicians may baulk it as well as enact it as King Hen. the 8. did in case of Marriages I am now come to the great head of all namely that the Judicials were a Law of revenge which now is proper to God Christians must not fight war revenge c. I could with some say I admire the wonderfull goodness mercy long-sufferance patience c. of God who willing to shew the Riches of his mercy forbears the vessels of wrath fitted for destruction Art thou a Christian that objectest against the Judicials to elate another Magisterial power then that of the Regiment of the Lord Christ for though they were given by Moses they were the Dictates of the prime verity And where O man hast thou such a pattern But thou wilt say We are Christians and we have no need of Laws I answer with Paul If thou beest the Law to thy self the Law punishes thee not Rulers are set up for the punishment of evil doers So said the Lord to Cain in the first two thousand years And so saith the Spirit to the world in the last two thousand But say you we acknowledge a Law to men but not Christians Brethren be not deceived remember what Peter saith The unlearned and unstable wrest the Scriptures to their own destruction the place I pitch upon to clear up the Righteousness of the Law even to Christians is that of the 1 Tim. 1. from the 8. to 14. There are multitudes of places hinting the same I at present know none more pregnant for thence it is plain that there were then many controversies stirred by the Christian Iews or so pretending concerning the observance of the whole Mosaical Law whether Ceremonial or Judicial Paul had beaten down as much as in him lay the Ceremonial shewing it was but the shadow the body was Christ Now concerning the Judicials particularly there is no question but from the following verses and from other places it is plain what was intended for in the 9. verse he sheweth wherefore the Law was made First Negatively not for the Righteous the foundation of great errors while misapplied Next Affirmatively for the lawless and disobedient ungodly and sinners unholy and prophane these are general Now he comes to particulars Murderers Manslayers Whoremongers Buggerers Men-stealers Lyers Perjured persons and against all other things contrary to sound Doctrine c. There is an objection against this viz. these things are Morall To which I answer that if you take Morall for the Law of the ten Commandements they are not literally there if you intend Moral for what ever is contained virtually under these heads the two generals whereof comprehend the whole duty of man to God and to his brother all mankind then the whole Judicial at least must be therein comprized If you intend by Moral what the light of perfect reason holds forth concerning just and good no man dare say the Judicials wanted the height of perfect Reason If you look at it as rectified by Evangelical Doctrine then it is answered that the primitive error is the cause of our now wandering First generally seeing the errors which have flowed by the Church to the Commonwealth we confusedly judge this to rise from the principle of the Judicials and lay all the pride covetize and various interests of Princes Courts Judges Fees and unjust and unnecessary dependancies Nurses of Heathenish and detestable wickedness villany and ensnaring dependencies to life and liberty of common Societies as well as particular men upon the Judicial Next it is beleeved that Christians take the Judicials proper to them as to the prototype of the Jew which
might be but now a clearer light manifests higher things or is so pretended to The main particular and worthy consideration is our formation of Christian policy according to the Jewish Model for we held all Baptized as Circumcised to be Christians Now of these how excellent Christians we have the Gallows Gaoles Houses of Correction for punishment and all places of vanity such as almost the Heathen would blush at Drinking Dicing Drabbing c. publickly known manifestly proclaim and though no rents to the State as at Rome for the Stews yet to the Statesmen they enhance Farm Rents c. for surely were there no advantageous interests they would not against common profession be upon so weak reasons as they are tolerated while winked at yet what is done with these Christians lo they are punished are they not Surely no not one of ten if one of a hundred and this punishment is the sacrificeing for sin and this past they are if it be but commutation as clear Christians as the best and being now become more serviceable to corrupt interests these spied out the lawful Liberties of better Christians which the Judicials not affording a whip for The Magistrate must be loosed from his restraint rather then not have an honest man punished this raised error upon error and opened this loose to the Christian to seek freedom from an unjust Law and to the Magistrate to seek to punish at lust But if you see through all the Apostles Writings they only forbid the sin and for punishment look at the Law in general which surely they could not intend but of the Judicial Now for the Commands of Christ the Lord and the Precepts of Love Charity Patience forbearance c. they are certainly true and to be observed and then the Quaere or Objection is what need of Law The Answer to this is as evident as the other That the purest Congregations Churches c. have had and ever will have evil men among them not only hypocrites but open sinners The error of the Congregations not ejecting or Magistrates not punishing or not due regulating by punishment rather shews the necessity of Law then the uselesness of it Now grant that the whole Nation were purely Church-Members of which no visible cause of ejecting or rejecting communion appeared yet there would or might arise many debates differences and controversies which would require a Magisteriall Authority to determine if but for difficulty And surely the Congregations of Christians never so little declining could not avoid litigations and wranglings and there being no word to extirpate the Civil Magistracie it becomes not Christians to wrangle much less violently to oppose so approved so necessary an Ordance That opinion that in the simplicity of the last Age as in the beginning the father of the Family shall be King and Priest hath little warrant that hath more that each Saint shall be so and yet in the mean time as hitherto subject to the powers yea the Heathen ones for conscience sake of the radiancy or glimpse of the Divinity holden forth in them It is truth pure Christians will not be contentious some meek spirits may and will obey the letter of Christ and sure they that do so in faith shall not fare the worse for their exact obedience but in the mean-time this is no binding rule to us except the words be so intended It is truth the child of God seeks not his own c. he is wholly taken up with God c. shall the Magistrate therefore see evil against him go unpunished Again love and not avengeing wrongs and praying for enemies in the spiritual sence may stand with the punishing afflicting and bringing to judgement the body of the transgressor in the literal yea God is thereby glorified otherwise how can the peace of good men be preserved against the wicked but miraculously which we have no warrant to expect at present and what shall be hereafter as the light manifests it self the Lord grant we may walk in it and also up to it and that our Laws may be established according to a rule of Righteousness even according to the wisdom revealed by God himself and that all emergent Laws may flow from the same fountain for for every action contingent there is as is agreed no particular Law already setled nor well can be but the Christian Magistrate ought to provide that not the least wrong or trespass but be righted or punished I must yet remove one rub and that is the Judicials have been our misguider hitherto therefore better any other Law then them 't is the same that was objected for using of formes whether of prayer or otherwise which the Church of Rome used and was partly spoken to before particularly in that all our old errors having sprung from that root that it is necessary yea some say of necessity to wave that for our rule lest we tread the same trace of error that was before our ruine and therefore better take our Laws from Turk or Persian or c. then from the Judicials Now let us examine this and all will appear vain for first it is denyed that the observing the Judicials yea though as binding as the prototype was the error of Christians so as to bring so horrible a defection upon our Judicatories We maintain not I desire to be rightly understood That this Nation professing Christianity is bound to the Mosaicall Judicials in the command to the Jew But assay to manifest that those Judicials were not our misguidance The Decalogue or Ten Commandements we all agree except in the set day of the Sabboth to hold forth but even what Natures light determinately approves whereby it is evident that sin is the same to us as with them which all the writings of the Apostles manifest Now the sin in the head Law being the same what difference in the branches either in respect of the severall species of transgression or manners of punishment Now as to these we all agree the error an error but we must differ concerning the â—nfliction of punishment which I drive to this head That the Law prescribed in the Judicial for punishment holds a due proportion punishing life with life goods with goods c. if so then that these mediums or rules of due punishment ought much more to be observed by the Christian Magistrate under the Law of the Gospel the glad tydings of peace and mercy then by the Jew and not to outbound unless after the utmost of execution the Law be found evidently defective which I presume it never will be under prudent Magistrates Now to him that sayes the observation of these Laws was our ground of error I say in the Ceremonials of Moses it was and that the receiving of the Judicials might open a gap to introduce that error the more facily I will not deny but that this must either cast out the Judicial or make us take the Rule for this in any just Law I
presume must be from the hand of a Heathen rather then from the word of promise is the fruit of strong contemplative zeal for the punishment so it holds its due proportion take it from the Turk if you will or Persian it matters not The Turks punishment so it be not Torture may suit best the spirit or genius of the Nation for to burn hang behead or stone all is but death and this difference had Ceremonies so called been lawfull to be enjoyned might have stinted our controversie of old between the then so called Protestants and Puritans for the receiving the gestures set formes of Prayers Ornaments and Formes of and in Church-Service so called And assuredly it ever hath been one of the Devils gyns to fright men from truth and right by miscarriages in the manner c. hence cometh the scandals of profession from the errors if but of one or two hypocritical or mis-led professos we may as well refuse the Scriptures because Heretiques use them and that they lead to Judaisme is a great error for surely Judaising was intimated in no part of the Judicial Law of which any question can be For the exception in Fornication things strangled and blood the last two being meats we are now freed from There is a holy jealousie which is for God and is commendable and there is a pertinacy from interest which is Idolatrous and wicked the Lord open mens eyes especially those in Authority rightly to distinguish that they be not found fighters against God Now who are to expound this Law and settle it and how far their power extends is our next task 10. Who have the power to make Laws and how far that power extends SOme may think that the Judicials being laid down to be the fittest rules for Christians or any men to live by That this Quaere is needless For what have we to do with Law-makers of or among men when God himself hath fitted the work to our hand But these men must know that time brings to light new inventions of sin Satan goes about in variety of shapes and deceives daily and these offences many of them will be difficultly referred to the proper head of Transgression therefore it is requisite that there be a superintendency to oreview these errors and apply a remedy in time according to their rule yet to punish life with life goods with goods c. Now these are various according to the either condition or constitution of the Nation or both the constitution according to setled Law and constantly received the condition time of war or peace Now the time of war being only accidental we are specially to consider acts done according to the setled constitution of the Nation be it by Monarchy absolute or limited or Republique Republiques of all or any sort and their boundary is common and publique good and that either according to emergent necessity as in case the elders of Gibeah had consented to have all their eyes put out for National advantage for in such a case the elders had turned evident Traytors to their trusts but to lose one or either eye This will receive somewhat more ample satisfaction if we consider seriously 11. What are the proper Rights of the supream Magistrate so called Prerogative NOw in the handling of this Question it is fit a little to open what is Prerogative now this simply taken is the Priviledge or preheminence that one party hath either above or before another and so is no more then to have that of right and duty which others have by accident or by favor as to have the most honourable place to be heard first and such like But to take it in the proper latitude it is the sum of all those powers priviledges Rights and Immunities necessary to the Supream Power whether person or persons according to the strict rule that thereby the people may be the better governed according to the loose rule that the people may be kept in subjection and the glory of the King or Ruler exalted and that as to absolute Power over both body and goods Now therefore to treat of Prerogative in such a sence is vain for Prerogative is absolute power and what the Prince pleaseth is his Prerogative and this was assuredly aymed at here Now Prerogative according to the strict Rule is of two sorts that is more or less strict as for example some Prerogatives primarily usurped by time are agreed to and after constituted such as our vassalage of Tenures whether in Capite or that by grand or petite Serj. Escuage Knights Service Soccage or Villenage all which the estates of the Nation have looked upon and not annulled but regulated and the Kings sought to avoid those Regulations Now the more strict Rule of Prerogative is to give the dues necessary and that both for honour and order and safety which both the other are but as handmaids to for the etymologicall fautaries I pass them intending to hold out truth in her native simplicity without the ammusive garnish of needless witty vanities This then agreed what Prerogative is in general from hence it may be collected that what ever is necessary or rather of necessity to the well being of the whole is to be in the Supream Power Now this which is by some and generally alledged as proper to Kings yet must be also in all Supream Magistrates as Dukes Earls c. yea though Vassals or Tributaries to other Princes and must be also in Republiques or where the supremacy of power rests in more then one person whether Aristocratical Oligargichal or the pure Republique viz. the Democratique State For the Prerogative is incident naturally to the Supremacy of power and that of necessity for they are the Superintendents of the whole body and are to have requisites to that Office as necessarily as the father of a Family or any inferiour Magistrate under him ought to have to govern in their bounds precincts limits and places and therefore the Law of England justly in the matter however in the attribute or that to admit comparison with the Almighty might or may offend some mens eares by way of illustrative Analogy gave a kind of ubiquity or omnipresence to the King and so to the supream Magistrate as the first part of his Prerogative his diffused power for common good so ordered manifesting it self in all Offices whereby the publick peace so called the Kings peace was preserved and was necessary every where But as more necessary so more apparent in the Courts of Justice all of which were called the Kings Courts and the Process the Kings c. Now we being ruled by Laws for to avoid the inconveniencies afore-mentioned of pusillage and folly and alterations accidental to the best of men depraved through the fall make this supream power vertually to rest in setled Laws and by them they rule and so neither death folly nor any kind of wrong or injury can by the estimation of Law be done
or suffered by the supremacy of power so that truly the Law saith the King can do no wrong that is the Law by the supremacy of power enables him not to do wrong and to speak out the whole truth to men of the meanest understanding This law and the right understanding and executing of it is the highest Prerogative of any of Gods Vicegerents in higher or lower sphears and is the agreed Rule of common good as before-said Now our great error and delusion of late was to give that to the person which was due to the Office and to subjugate the Office to the person and not the person to the Office which the Law would never admit for the Law that is the purity yea tanscendencie of Reason leaves the person of the Prince naked in case of Male Action though it censures not in all male administration where it admits him positively to judge I shall give you an example to illustrate for if the King enters a mans house disguised and offers to vitiate his wife daughter c. and be slain of the father husband c. it is but as the death of an ordinary person and truly by the principles of the setled Law be he known it is no more I shall put but one Example more A Traytor is by vertue of the Kings Writ brought before the Judge Arraigned and Condemned the King grants no pardon which I suppose he in such Cases cannot generally though it was done customarily nor uses no legal peaceably way but by force personal sets himself in Act by his Guard to take this Traytor out of the hands of that Justice to which in his Politick capacity he hath Sentenced him and the Sheriffs men defending the Law and the Guard by the personal command of the King seeking the overthrow of it by taking away illegally the prisoner and they fighting about it and the King running in he is slain it is no murder by the principles of the Law which owns not the King in this Act of Tort and Force and takes no notice of the death of that person as King who in Law dies not for the Law cannot now take notice of it because out of his Sphear by this it is evident to what end the Magistrate is cloathed with so called Prerogative namely the advance of publike interest Now as in this sort it gives to the supream Magistrate the glory of the Courts of Justice and the disposings of them as one part of Prerogative so knowing the honor of the Supream Power cannot be maintained but by some set way as it seems the Ancients provided here so much of all sorts of provision both for the Kings Family as also for his Stable at the so called Kings price exceedingly abused besides the so called setled revenues of the Crown namely Crown lands Fee-Farm Rents c. So it also provided for Emergencies and that both for charges upon the sea and also for the land by Customs now so called Fines Forfeitures wrecks of the sea how unjustly soever land deserted of the sea lands of Ideots Treasure found goods without owners Tythes of lands out of Parishes and the like And upon these or any other matter if any debt did accrue it was satisfied to the King that the Commonwealth might not lose before any private person could be satisfied one penny the abuse of this was grown intolerable but I here treat of Settlements and how long since it was in the Kings case it matters not for no slipping of time could prejudice the Kings Title as in case of a common person who was tied to sue within such a time or the time might be pleaded in Bar as was justly enacted Now the reason of this was just and good preferring publike and universal good before private and particular yet this proved offensive oft-times because it was made the instrument to absolute Injustice while restitution was made to the King to the evident destruction of a stranger that is a third person whom the Law left remediless yea though utterly undone and begging from door to door It was also for the same reason construed to be Law that in all Grants made by the King they should be taken most beneficially for him and that they should not erre to any other construction then what was manifested in the body of the Grant that is the plain letter must be taken and no implicite construction of Law shall be taken advantage of against the good of the Commonwealth as against a particular party And lastly In case of Grants it is void if it appears that the King was deceived in his Grant truth these originally just things after the fatall wisdom of the Law was politickly perfected came to be made the Mystery of Iniquity for it was said the Grants were made according to these received Rules for the Kings sole benefit whereby he that was once made the Kings Officer was ever after scandalized for a Knave and he that was once the Kings Farmor Grantee or Debitor his estate was alwayes after esteemed incombred Now this was more feared when it was granted to him by Judgement of the Judges that he in Temporals might by a Clause of Non obstante dispence with any Statute Law and that though the Statute saith such dispensations should be utterly void as it was in the time of Henry the seventh the beginning was in Edward the fourth not so plain Acts of Parliament bind not the King unless especially named Now these unhinged all our Liberties for by the one he was not bound except named and by the second he might dispence how-ever named therefore these how ever used I cannot reckon as legal Prerogative I now proceed with Prerogative called Just that is That the King or Supream Power for the benefit of the Commonwealth have the estates of those that die without heir for no private or particular heir being the publike is rightly preferred so if they purchase who have no right as Aliens they have also given him those Royal Mines of gold and silver lest such things in Subjects should raise them so high as they should be able by leavying Arms to contest for the Supremacy and attempt a Tyranny Now this if agreed as agreed is most just They gave him some honorary respects meerly as for example That the Lord should not seise his Villein in his presence how justly may well be Quaeried For if just to be done why not more just before him To which may be added That Amerciaments Fines c. which had no exact literal Rule as offences made by Statute punishable by the Justices at Sessions with unlimited Fine or Amerciaments were said to be by vertue of his Prerogative as his Iustices that is they were to Fine at discretion that is according to the nature of the fact respect had to the Law that is saving his Freehold or not to the value of his Freehold or so that he should not for to pay that Fine be
power absolute and can punish have no rule but prudence in enlarging or restraining them they generally used banishment but this in successive or hereditary alterations upon the same ground of prudence cannot be safe therefore some have immured them and starved them some imprisoned them some cloystered them some privately murthered them but all these were acts of pure power and force and left but an implicite construction of Justice on their actions Our new and unparallelled Transaction doth I know to many seem Heroick and if established by Law upon this president would be an admirable adventure to hold an aw upon the spirits of great men and to that end they desire the explanation of the supream power or Magistrates Trusts and in what cases it shall be lawful to arraign them with the same legal provisions as King Charls tyed his own hands in the Act for a Triennial Parliament but I leave treating of this lest I grate to no purpose I come now to see 16. What are the Priviledges of Parliaments and in them of the Bars to the Supream Power FIrst we must consider that these meetings are according to the Rule of pure Native Law by the advice of many and those duly elected out of the people to avoid confusion to take care for the settlement of all those errors which intervening time produced since such an Assembly last Congregated and that both as to the Actions of the King in his Officers where the King was held unquestionable and therefore which was unjust in some part his servants were punished of the higher Magistrates and inferior Subjects either in a legal way according to the ordinary constitution of the Nation or extraordinary in case of emergencies for which no Law was provided The examples are manifest in both Now the priviledges of these men were and ought so to be whereever such bars are first that the due right of the subject might be preserved that those who were to be of the Parliament were duly chosen that is neither by fear nor favor which was from either open force or private warnings or requests to the friends or dependants of great mâ—… which were commands which how broken and still are even by Reformers themselves to their shame not of Reformation is evident The next priviledge is that being chosen they being now of special use and imployment for the publick themselves horses goods and menial servants were priviledged from Arrests distresses c. and only they for the law of entertaining by giving protections was a dispriviledge of the common Subjects for whose sake only they were priviledged and no more that other being but a meer Royal corruption by degrees to make them all seekers of interests upon that base Maxime that trusts were to their own benefit The next was to have free liberty to chuse their Speaker who was not to be disallowed but upon good Cause and that Cause they were Judges of for all see else the vanity of the formality if the approbation be upon meer will for then there is the power of Election and this Speaker they may also upon good Cause put out by the Votes of the greater number The next priviledge is That they have a free liberty to treate of all matters the assembling by Kings Writ the being called his great Councel are honors of Time and formal and cannot abridge their necessary liberty of free Treaty c. But their power appears in that they had the Guardianship of the peoples Lives Liberties and Estates and though in the variety of changes they did as all mortal Powers do sometimes submit sometimes inforce as the condition of Times were we must use a true foot and ascribe no more to them then is needful not plead presidents but Supream reason by which they therefore might and ought during the forty dayes Session a convenient time which by convention seems the time set during which the King could not dissolve them to receive Petitions from all places by turning themselves into Committees and hear how matters went with the Nation upon such Representations from the particular Counties Cities and Town therein addressed to the particular Members chosen by them for the aid of the whole Nation and upon these to call some say the Kings all agree all the Kings Officers of all sorts to their Accounts as Treasurers and that both for Land and Sea yea Officers of Peace as all Iudges c. and of War as General or Lord Marshal or by what other name or names on Land or Admiral or c. at Sea Captains of Forts and all others who managed the Revenues so called of the Crown that is for the publike benefit and this power is coincedent to every Bar to Supremacy And truely where this is not it is easie to believe the Supream Majesty may soon pretend all is intrusted to his own Will and for his particular benefit then they may adjudge and sentence but not in Committees but in the whole house otherwise there is no legal proceeding and really and purely this did and was to rest principally in the Representatives of the people who are the Commons the separation of the Houses as with us and the single power of the Lords to Iudge the Commons to accuse yet one Court is much differing from excellent Reason if not contrary to it that so right might be done to the whole Commonwealth against the out-breakings of the King and also to every particular person by restitution against the wrong doer yea though by the Kings Command or Commission if not agreeable to the Law Now the limited times of Parliament were necessary lest otherwayes they should abuse their Power or usurp Supremacy absolute and also become desperate debtors because of priviledge And lastly that while being men and capable of erring their false judgements if any were may be rectified by a new for it was and must be the priviledge of these highest Courts not to have ought done there by any of the Members questioned in any other Court onely Treason Felony and the Peace which being flagitious the excellency of Reason admitted no priviledge to for how could such enormous Transgressors of the Law be righteous Law-Makers The last priviledge is to have pay for their pains by a it should be equal rate upon all the Freeholders in the County that is they who legally had or might have had a Vote in the Choice and this allowance was to be set by Parliament and who could they better trust with a little of their estate then they whom they had formerly instrusted with the whole and this was not due till the end of Parliament So jealous is Reason of all Supremacy in the corrupted state of mankinde And surely none that is not actually in this height but will agree to this just Reason and he that is in if he intends onely a due use of it cannot deny it this is just betwixt these powers and them for whom they are intrusted for
it is plain as before that all eminency of power is solely and onely for the safety of the people wherefore it is fit to see wherein that safety doth consist and to that end we shall Quaere What is and wherein the priviledge of a free Subject doth properly consist HAving seen the great and due care of the Law for the well providing for the Supream Magistrate and that it looks at due both power and maintenance and sets limits in it self against all excess and out-boundings We now come to see after the priviledge of the Subject in the body so called Representative the priviledge of every particular man wherein the Supream reason hath also looked at every one but as a Member of the whole and hath setled that as the greatest priviledge to do most for the publike welfare and well and orderly government of all these in such sort as not onely the principles of Nature but the long experience of of so many Ages and above all the inlightenments of divine Wisdom have handled out to us in such manner as they are without all question And therefore as it is sufficiently manifested that particular men are through power favor riches malice and such like as ready and as desirous to deal unfaithfully injuriously and inhumanely with their neighbours as the Prince with the people therefore most excellent Reason so called Law and above all the divine Wisdom hath held out Magistracy to preserve as aforesaid against these evils by due Laws and the justness of these is the greatest priviledge and to have them like Gall and Wormwood is the highest dispriviledge The special matter wherein we usually place priviledge is first to Life secondly Liberty thirdly Goods and fourthly good Name and the Law for good Cause restrains a mans self in the abuse or ill use of these as well as preserves them to him against others Now that which gives is of more value and more honorable then that given The Heathen expressed it thus More glorious is it to rule Kings set up and pull down Kings then be a King whereby it is evident That the priviledge of the Subject is not to live at lust do as he lists revenge injuries and act Will for Law whether in higher or lower estate that is the Magistrate inferior to Tyrannize over the people without controll nor to execute what laws he hath in his power as he list but according to his rule nor the subject to abuse his fellow-Subject in word or deed much less to arraign the Magistrate and his actions with a forked tongue of envy at his pleasure no nor to misuse or abuse his own time his estate his liberty or power in his place and disobey all Law or at lest question and wrangle it how just so ever if contrary to his interest and how plain so ever yet to enter a contention meerly for pleasure and through his purse-potency to make evil good against his meaner or less favoured neighbour In short it is not to do what ever evil Custome or corrupt Practise or Selfish interest calls Law and due right I shall give you but one example or two among the many thousands of Englands Plague-sores not at all or not sufficiently provided against viz. A. Being a great Merchant and might be trusted upon his own Bond for an hundred thousand pounds takes up sixty thousand pounds with which and twenty thousand pounds with a wife for his son he purchases five thousand six hundred pounds per annum settles it upon the son and his wife and after breaks this and a thousand such gallant Cheates are ordinary and remediless though it will be pretended otherwise So again A. Merchant of London sells upon likeing at a set rate to B. a Merchant in Yarmouth a barrel of Nutmegs and sends them by sea by C. Master B. dislikes them pays double fraight as per agreement and returns them A. sues B. for them and recovers B. sues C. for them and recovers the value is thirty pound originally the costs of suit cometh to one hundred pound which is as much as C. is worth C. upon this being cast at Common Law flies into Chancery or upon Affida discovers that the truth is A. had the barrel of Nutmegs which upon the Trial betwixt C. and B. had been fully proved but that C. not knowing the servants of B. though he knew the name of him to whom the goods were delivered for A. his Master and C. coming to Subpoena him to appear as witness A. justly believing at it ought that the shame and dammage must at last light upon him sheweth C. a wrong man who takes his monye and the Subpoena and appears but can evidence nothing and B. is overthrown Now such and the like Cheates Thefts yea as bad as Robberies are not at all or so slightly and that with so much charge punished as is too much shame for a Barbarous Nation holding forth common Justice to allow So the wretchedness of Juries and the like which are so clean perverted from the first institution that though many honest just wise Patriots eye the first institution with great consideration yet they now see them with hearts of Regret abused and abusing their high trusts and all is pretended the liberty of the Subject So far hath the corruption of interests prevailed upon all estates To rake in this puddle of Negative Priviledge were to draw almost all the ordinary actions and litigations of the Commonwealth into question and arraign all persons in our Apostate pretending Reforming Age. I will not therefore expatiate but come to the Affirmative part of the Question and see wherein the liberty of the Subject doth consist properly and consider the same as I have done the other though tacitely generally and particularly First therefore I say that the priviledge of the Subject is to be governed by righteous and equal Laws the Magistrate executing without partiality his power in and for the preservation of life goods liberty and good name according to a just known and manifest Law for all enormities transgressions offences and crimes whatever This in general In particular it is to have the Supremacy of power so setled known and declared both in point of Revenue honor and power as consists with the best safety of the whole and that whether it be in a State Monarchical or Republical Secondly That the Laws by which they govern be as far as may be certain plain and easie to be understood Thirdly That this Law may extend to all offenders and the higher the trust the greater the punishment and the higher the injury the greater the recompence Fourthly That as the Laws be evaded or difused or misused or new evils encrease for which no head Law is provided evidently that this at the charge of the publike be speedily remedied that so the vitious nature of man may be deterred from acting old or inventing new forms of sinning That these Laws may extend to the Magistrate
and Subject Superior and Inferior in all degrees Political and Oeconomical yea to the superadvising the estates of constant vain idle Spend-thrifts if such should grow in a decayed State of a Common-wealth which in a well setled estate cannot as of persons under age of management of their estates or Ideots or Lunaticks for that vitiousness in full sence is worse then in a depraved one Yea To look to apparel and diet especially drinking and also recreations especially so called Gameing for each mans time growing famously irregular ought to be limited by the publike Magistrate and so in barganing and selling yea where a medium may be to set it or the Rule for it Let not this onely be laid upon the preciseness of Religion No the Greekes and Romanes did by Nature such things and they without the Law becoming a Law to themselves condemn us who have the Law and yet break it is not deficiency of Judgement worse then that of age and the Law of property is not by this broken Again It is the priviledge of the Subject that they have fit Judges Officers and Ministers of the Commonwealth qualified according to the Rules of the Law and can there be better then men of wisdom fearing God and hating covetousness Next That their Salaries be such as may be fitting for their places and not burthensome to the Commonwealth nor their numbers and yet enough and those fitly distributed for the ease of the poor as justice to both them and the rich That all prosecutions in the Law whether criminal or other trespasses injuries wrongs or debts be duly punished lest the Land in general bear the burthen of particular offences well knowing that there are abominations that bring desolation That the necessities of the Nation for War and Peace be levied equally and justly and the expences in a setled way audited and allowed and that not onely for or upon man compared with man but Township with Township Hundred with Hundred and County with County The great reason of many Counties not going about or so long delaying the equalizing rates as to Towns and Persons was lest the injust interest of Parliament men appointed for particular Counties should upon the true value of one County appearing hoyst that up and never regard the due ballance with others and therefore that the Law of righteousness ought to be above the Law of interest must as may be be assured As for example If a Town were a poor small Fishing Town as great Yarmouth in Norfolk was and not able to maintain a Minister as it seems it was not and that it had forty pounds per annum allowed for one out of the Bishops lands after it is able to maintain ten Ministers and have but one or two that it should yet have the forty pounds per annum and other places starve to take this forty pound away and make it pay duly an equal portion with others is general and just priviledge and no dispriviledge So Dunwich Riseing and forty places in the West to send Burgesses to Parliament is a dispriviledge though originally a due and rightly constituted for the reason ceasing the Laws ought to cease and such rechanges are our Settlements So ill Customes to be continued for Interest and publike Grievances tolerated for private commodity whether of men or Townships as the unjust illegal and destructive keeping the so called Assizes at Thetford at the Brink of the County of Norfolk in Confinio Comitatus which is against Law is a great dispriviledge for it ought to be in the body of the County or Head-Town but if that were seated inconveniently yet this is unjust and destructive for so incommodious is the place that the very issues lost there the place not being able to receive the necessary attendants are worth or I am misinformed by knowing men as much as the revenue of the Town is worth yet in driving on this corrupt interest against publike good I hear good men and great pretenders are engaged And it carries little of weight except for honorary interest sake which alwayes hitherto hath been an usual inlet to corruption That the Judge a stranger to the County should appoint the place or indeed that the place should be but fixed except in cases of evident danger to the publike as plague famine publike inundations besiegings devastations or the like so that of two accidental evils not things absolutely evil in themselves the least might be chosen It is likely it will after appear better to take away the so called Assises as to Trials of general actions and such controversies altogether hereafter as being now become a burthen rather then ease to the Subject for it is evident the corruptions of those meetings continue if they do not increase now such things which were good originally when depraved are dispriviledges if after complaint continued And I wish therefore onely I could tell where the priviledge of Englishmen were I know where it should be and it may be found thus by parcels but there is so much rubbish and lumber amidst the multitude of Officers Courts c. It is hard but we will attempt as briefly as we may to offer at least which will discover somewhat though we cannot come through all particulars In a word Shortly then Justice and that both for Law and Equity ought to be in the proper County the Officers known Fees certain and not exceeding so much upon the pound clear dammage and equity ought not to be sought till Common Law determines the thing fit onely for that Court. Lastly As to this that no man be out-ballanced in Law by power favor or riches as Townships Cities and Corporations against a mean man yea if he had never a penny nor awed from seeking just things for fear of forfeitures of his lands as Coppy-holders all of which I shall in their particulars further inlarge as occasion offers So that it is plain here That having and executing just Laws justly whereby publike peace and safety against the Superiors and between equals and well ordering Mannors and Estates for publike peace quiet and benefit be observed and renewed Laws is the proper priviledge of the Subject But as to this point of safety we must proceed a little further and that is to look to the power of the Supream Magistrate in due providing for the peace and wellfare of the people both among themselves and also against others not by way of Monopolizing Trade for benefit or gain but security of the State therefore it s no dispriviledge of the Subject that none should sell Ammunition or Weapons of any sort except Swords and Knives but such as are authorized by the State So also that no one keep an Inn Tavern Victualing or Alehouse for that these houses are and ought to have the Magistrate their Superadvisors and an account from them of the nature and number of their guests least any danger thereby arise to the State And in case of error
ballance against Iustice but wind and dust This Machivellian reason is of the corrupt Court viz. men by these private litigations wranglings and contentions are fired in spirit each against other and so are taken off projects against the publick peace of the Nation but a Christian will easily beleeve this reason heightens both publick and private vengeance Besides this blind reason makes no distinction betwixt poor and rich just and wicked men but put all to the Oare and let them tug for Mastery and the Lawyer sets on the bank and with their labour is carried into the Ocean of so gotten riches this I presume sufficiently evidences that the Laws ought to be without any question in the Native Tongue plain and few and nigh at hand Next let us know how we should have them administred wherein waving the private interests aforesaid the matter will be plain for it is agreed on all sides That Iustice ought not to be delayed no more then denyed or sold the Subject demanding this had no more but Iustice when it was granted in the so called Magna Charta Now I suppose this delay must intend not the customary time of lawing but the due time and that peremptorily except in cases of so called Essoyn that is when such due case in Law appears as all reason must agree there can be no proceeding but with greater wrong to the other party then the stay can be to this which is injustice but the truth is to have so many reiterated summons formal and costly for small causes is yea though it were Law that is formerly so either established or practised unfit to be so continued And in many cases formal processes are vain dilatory and ruinous and the Subjects priviledge is that is just mens to have all such excrescences cut off and meet Medicine applyed to the wound the want of which after so many Vows Covenants Promises Engagements c. giveth spirit to the enemy and sets an edge upon their reproaches and deadens the hearts of all true friends to Iustice and Righteousness Some Nations would never suffer the Sun to rise upon a crime unpunished committed after the Sun went down and so not go down before punished if acted after Sun-rise you must suppose complained of and possible to be effected But the meaning is their punishment was immediate others gave three days others fourteen dayes Now the best men alwayes give the least time yet enough delayes whether in criminall or Civil Cases alwayes are the nourishers of corrupt ends if not perjuries our Judicatories are for Civil Cases in some places weekly but the business in formality depends a quarter half and sometimes a whole year let there be justice done under a penalty Now the trick is delay till the Witness be gone or hath forgotten it or can be wrought off or the Jury fitted to the turn The Heathens abhorred what Christians practice for the Criminal part the Sessions are or ought to be four times in the year but the now Lawyers are so afraid of their own Law for it is so doubtful that few but the Superiour Judges who by reason of their places must do or will understand it And hence men for ordinary acts lie sometimes twelve moneths two years in prison by Adjournments and no penalty upon the Iudge for he is seldom evidently faulty but the Clerks no Commission to try him or a defective one whereby the prisoner is without all Remedy Next the Processes for the Tryal before the Iudges are not every mans purchase and the appeal being onely to London the charge which rich men and free men count nothing of is to poor men destructive and unsufferable And we had need call for setled Courts and Laws and the Judges to determine by a day under a Fine or Penalty for in Arbitrary ones and so remote as London from many parts and the Clyent must go himself or his case is lost and undone where orders are gotten to day and then the party out of Town revoked to morrow and Order upon Order Term after Term and Judges sittings uncertain onely when they can be perswaded together What is it but the Abyss of confusion and that which threats most direful plagues and judgements to the Nation let the honour of the Nation be never so much pretended yea though these acts were done to enemies both of God and men solely and onely For pure and holy Justice is prostituted if not ravished nay is then made the Bawd to each exorbitant passion and affection Wise and Just Law-givers must therefore settle Courts in due and fit places times frequent and ordinary yea if it were every day and enforce prosecution under due penalties And in case of appeals while appeals which in respect of difficulties and that of moment may be betwixt persons mean and of small ability that they be setled in due places and ordered in such manner that Right may be done to the meanest not as in the formal way of so called Forma Pauperis and all the Processes thence issuing where the cause is determinable all Dilatory Pleas excluded and errors of course amended and no error pleaded after issue joyned These are principal priviledges of free Subjects but indeed the highest and greatest are least understood or regarded by the many Now whether these Laws be administred in the Towns Hundreds c. is in the Supream Magistrate surely in the County and in a due place there both for convenience of Travaile and Reception of Suitors not in Confinio Comitatus The reasons for and against this will not be worth the while they holding forth nothing of moment more then what is before declared onely this That by this means every County will have a various Law and carried according to particular interests of places and persons but this is not be esteemed for we allow the Supream power the enacting the head Law So that the Law will be the same though the dispensation may be diverse then as it is now and ever will be for bind what you can a wise Iudge will have or make to himself a latitude but if truly wise who will grudge while Iustice indeed is his onely ayme and end But to avoid such and the like Objections If the Supream power settle County Courts both for Law and equity and admit once yearly itinerate Iudges to receive the complaints of Suitors against all other Iudges and for determining difficult matters in Law after the manner of the now Assizes it will take away all the grounds of interested objections against the necessary administrations of Provincial or County Jurisdictions which some frame from the reasons of County as Congregational Independency or their seares of introducing the Churches giving an Analogicall Rule at least of exteriour Governement to the Common-wealth Now having taken this short view of the Laws Administration let us in the next place consider the Qualifications of the Law-giver and Law-dispenser whereby Iustice may be executed
justly and how to be chosen Qualifications necessary in Judges who are to be their Electors Judges Duties and Defaults how to be punished and in them concerning all Officers of Trust IUdges in all their degrees are in the heights of Civil Trusts they are the Pillars indeed of the Commonwealth their general Duties are three First to enact good Laws and just Secondly to see them duly executed Thirdly to alter them according to necessity All these belongs properly and more immediately to the supream Magistrate but secondarily and within limits and according to power all ought to act like the wheels in a Watch the one ought to move the other but the first mover hath the special trust for all move right or wrong as they do Now though the Judges be of several sorts yet all of them in some qualifications hold a Rule of proportion As first they ought really to be fit for the work to which they are entrusted But this intimates plainly that the higher the trust the more exactness is required and the greater strictness upon legal enquiry ought to be used in their both choyce and approbation To settle humane things in a humane way perfectly it is an error to conceive or attempt But to aime at the greatest height of perfection possible is a duty therefore in the first place all in places of eminent trust ought to be of full and fit age first of full age which is commonly reputed not under one and twenty years for though a ripe wit may in the inventive part in quickness of apprehension and vivacity of spirit outgo another yet in the disquisition of parts and setling the most convenient upon a sure judgement to which experience is requisite more years suit best and are most approvable Now as too few years are light neglective and subject to rashness so also too many years are froward heavy and subject to wilfulness Therefore the best rule is for a wise Commonwealth to fix an age before which and after which no one shall be capable no not with a non obstante of such trusts Our Law however practized and especially in the supream trusts holds forth such a Rule he that is not thought meet to rule himself cannot be allowed to govern another and if he cannot rule according to Law how unfit is he to be a promulgator of Law And the best way is to make such choyces absolutely void For the excess of Age sixty is accounted a time to cease Arms and betake to prayers I prescribe not but cannot finde a fitter Nature may often shorten She seldome lengthens that date with that Activity which is requisite in all such places Having done with the age the next Qualification is ability not of the body so much as of the mind The ignorance of the Judge may be the ruine of the innocent therefore it is not sufficient that a man hath been Trained up in the profession nor hath been a Reader no not if he spent one thousand pound in the Kitchin but he ought to be wise among wise men who is to rule fools then so much more if he be to rule wise men also who may offend and prudence may reclaim when power is contemned The next Qualification is he must be free from all possible obligations to injustice in any kind therefore it was unjust in the King to seek such a dependance upon his meer will from the Judges that they might thereby be drawn from the streight path of Justice And it is the same in all other supreams It is truth there is an upright man whom no temptation can mislead but we are to provide against errors vertue needs no curb the just man is a Law to himself Now it is known Dependance is various in its workings according to the nature of the man depending for a timerous nature may servilely do the Princes Will without any regard either to honor or reward but few ingenuous spirits are of that muddy temper the great Misleaders are Pride or Ambition Revenge or Anger Coveteousness or desire of Gain Now there are to be Qualifications requisite in every Judge against these for these misleadings vices or any of them will otherwise turn the publike Ax against the private Enemy there is therefore great care to be taken at all times in all choice of men to places of Trust but especially in times of the shakings of Nations for then the wise man must save the City how unthought of how poor soever Now to prevent these the wisdom of former Ages and Nations have all appointed a set and bountiful allowance for all Judges which stirs up able and active spirits to eminency of vertue which can be never extraordinary in a meer letter Law where each Case particularly must have its examplar All Nations heretofore agreed punishments for Judges and all in the most excellent trusts not onely useful but of necessity some went so far through the fear of Tyranny and Oppression by men of eminent parts that extraordinary abilities were obscured for the complaint admitted no Trial Banishment must ensue after-times tempered this Laconicism finding it was the laying open the State to many Tyrants and Tyrannies to prevent one that the thing it self was the greatest Tyrannie of all This last Age went about by all means to explode any question of Judges nay the Officers of Courts were so friended that there was no seeking Justice against them but of this more after In all Judicial places this is fit That the Judge have his Salary set his publike Fee from the Prince or State now in this one word to this purpose viz. The Judge receiving this Fee from the State this is a publike Fee wherein each Subject hath his portion and the duty of the Judge in it is equally to care for the interest of both Prince and People or Subject for the end and respect of Justice is not personal but universal for the qualification of not Covetous it is of necessity in a Iudge therefore as before he is to have a due Salary so he is not to take ought above his Salary at least as a Fee There is much scandal at this day in Christian Commonwealths concerning Bribery In Turky it were no wonder though till corruption through prosperity ushered in the way it was a wonder and a strange one among them but that with them assures their fall near for this is like a deadly sore which if in the Judges infects the heart at least the prime vital parts of the Commonwealth and then sure death must follow Thefore it is requisite to have this wound searched to the bottome Some for this case have been so strict that they would not admir a Judge to hold familiarity with a father or a brother Some not to take a meale nor any gift though never so small others have particularly set down what they may take and that may do well if they peremptorily conclude that all not expressed is included in the
Error or more of course this Term then more the next and then a peremptory day and then Errors Cassed is but legal extortion So that it is plain to take errors totally away is as bad as to have all allowed but to prevent the mischief let a certain day in Court be to determine errors before issue and not after Now the punishments in these defaults are and must be pecuniary and that both in the Judges of Fact as Jurors as well as Law but where the default is evident there ought to be a dispriviledging for future as to all publike trusts at least for a time but out of the Judicial place presently yea though the oath be that he was onely mistaken in Law and did not do it at all maliciously or with a minde of injustice Now to oaths it is fit any Justice of the Peace should give it at discretion this requires able Judges and so should Judges be but of this more in due place Concerning what things the Magistrate may and ought to make Laws YOu heard before that there must rest in some persons thereto designed either by God as those who claym to rule by absolute power or by men as those who rule by Compact or Convention as who either had no power but were meerly elected and agreed with having no Right primarily or had some power but not enough and so condiscended to some rule that they might rule assuredly Now this being in one person or more yet the power ought to extend to all things justly necessary to the well being of a Commonwealth and therefore they have respectively the general powers of war and peace life and death But because we have before hinted that there was a necessity of the Magistrates regulating of those things which many men call dispriviledge to Christians as well as men we will according to the rule before laid that is of the head Law according to Gods own Law the God of Christians as of the Jew see the Government of reason laid there down both for Divine and Civil worship Wherein first it seems directly given to the Magistrate to have the ordering of divine worship to God under the Law Now let us see how this works for Vzziah is a Leper for acting in the Priests Office Yet the aberrations both of Priest and People are laid to the Kings charge and the good Kings commanding just things and not onely so but seeing of them performed are blessed and on the contrary the evil Kings punished and their Adherents And those disobedient to the King as to Ahab the seven thousand that never bowed knee to Baal were those who were to take root downward and bring forth fruit upward Now the great difficulty is to settle the Magistrates power so that he may not bring sin upon himself and the Nation by commanding or tolerating things evil and unjust or unjustly enforcing things just and good Now as to this it is to be considered that we all profess Grace is from Heaven the meer gift of God and that the Spirit breatheth where it pleaseth as the wind bloweth where it listeth if so the Magistrate Yea grant there were a clear Church Magistrate that were by divine Word impowred with the Sword of Paul as the Keys of Peter could he go further then the outward man it is plain he could not Next then grant no such Magistrate sure the Civil or in case of doubt of Spiritual Power the Civil Magistrate onely can act clearly Now for the Spiritual Power to be helped out with the Civil Sword surely it is one of the grossest vanities that Popery ever broached God stands not in need of mans wisdome or power But God having not cleared that the implicit construction by Analogical or singular reason from the legall severity is proportionate to the gentle and quiet brotherlike Rule of the Gospel nor agreeable to the Commission which our Saviour gives to his Apostles which was either to the Jew Matthew the 10. Mark the 3. and Luke the 9. or to the universality of men Matthew the 28. Mark the 16. Luke the 24. and clear enough in that of the 21. of John and 15. where nothing is spoken of but preaching and teaching and feeding If then the Pastor have not the Sword but of the Spirit let us see the material and Magisterial Sword which is not born in vain what may this do If we look to the Jewish Model which many men seem so much to contend for There we see that the Magistrate had power over blasphemers Idolaters and tempters to Idolatry witches c. and this extended to death and that it should do so with us is by them desired Now many suppose this difficulty though very great may be at least in great part assoyled if we consider that the persons to whom this Law was given was a people chosen by wonderful miracles and wonders from all Nations to be the people of God and bear out to the world the Ensigns of his special love to man in all Ages and Generations which tokens of love in obedience to his Law were suited with answerable judgements in the neglect of the same And surely those things which relate immediately to God in the point of gracious service hold forth nothing to us but assurance of eternal punishments to the unrepentant sinner Saint Paul confesseth himself a blasphemer 1 Timothy the 1. 13. and declaring in the last times what fearful and horrible sins should appear among men 2 Timothy 3. 2. he takes notice of blasphemy and bids onely from such turn away Now if you would have a Magistrate to work without a divine precept we must look at the height of improved reason There we find that zeal for the Gods among all Heathens made blasphemy death and surely reverence is due by the light of Nature to what ever is called God Of blasphemy under the Law the Councell was Judge Now the Sanhedrin was not of Priests they might ask Councel of the Priest but determined themselves and these by Gods Law put the blasphemer to death many conjecture upon this the Devil Aped Gods Law others his delight in blood hinted the Law as in Heathen Sacrifices but sure such reason makes against these objects intended to take away the pure light of reason for who that will acknowledge a Deity will allow the Deity to be blasphemed But now the doubt is whether these are not under the Gospel to be reserved to the last Judgement Some beleeving that if Paul of a blasphemer and who ever was a greater became a Saint a Preacher of the Messiah who did and thought to do many things against the Name of Jesus that is against them called on his name why may not any other be converted where is Gods dispencing with the Law where the special reservation of Paul he did it not against the humanity of Christ but his Divinity it was for calling on his Name Some excuse Paul because zealous but others
power enforced for though I must agree the Magistrate may enforce an Atheist and so a Non-Conformist for fear of punishment to the Congregation and he may be there converted for some undoubtedly have been Yet we cannot thence infer that the work is of duty he uses indeed a means which reason is capable of but to enforce by pecuniary punishments much more corporal is most assuredly so far doubted that it is not suddenly to be acted for what is for you to day is against you to morrow as the Supream Magistrate varies in opinion which Law is then without its certain Rule and that for which the Magistrate can give no certain Rule is not to be made by him a Rule or Law at any time For the Magistrates making Laws in these things which tend circumstantially to the service of the Lord with Christians I intend the matters so called of indifferency surely therein is the Liberty of Christianity and the glory of it is not to be tyed to the Apish formalities of Superstition conformity and uniformity have been made the great wheels of Satans Chariot to hurry us from the simplicity of unity Christian Charity and Faith and is to be exploded the Congregation of the Faithfull Now to clear the Magistrates power as to his Trust in and concerning both Tables the matter is plain the Offices of Magistrate and Minister are distinct as a Magistrate he cannot intermeddle with the Ministerial proper Duties but with the Minister he may if he neglect his duty and that is no more then that the Minister by his Office is not freed from Civil Judicature And so though with Vzziah he cannot Ministerially dispence the Ordinances yet he may and ought to see the Minister do his duty this is according to the Law of God and of this he may be judge That is he may consult and punish and so inforce and both these Offices may be in one person I shall not enlarge concerning this any further but now proceed in the orderly setling of the Commonwealth by due and necessary Administration of Laws for Civil peace But before I come to particulars I must a little generally enlarge my self concerning the power of the Magistrate and his duty that is that the Magistrate hath all power and is to execute all power in all things of what nature soever conducing to the safety of the Commonwealth and therefore that in some cases conscience cannot be pleaded but notwithstanding all such pleas due punishment ought to be inflicted To give Examples of Murther and Adultery Incest and the like will be plain But for Concubinage and the true Polygamy or many wives at once will be difficult with many men Yet these sure if made general being but the restraining of the natural appetite and most consonant to the hinted Doctrine of our Saviour in those words It was for hardness of heart onely that Moses allowed it it was not so from the beginning God created them male and female The Magistrate may justly and lawfully improve his just Authority but to extend it to death as hath been used was assuredly not so obviously warrantable But to embroyl a Nation in War and blood or lay a foundation to it for not agreeing in the manner of exercising the Ordinances of the Gospel that cannot be allowed Such as marrying with a Ring at the Table with a Communion to receive it sitting or kneeling to administer it in the morning or at night with a Surplice or white garment with all the like that it must be done onely in the publike Place of publike Worship so called Church and this to prevent Heresies c. Surely it is natural to each man to believe his own opinion right and that he is educated in the natural man without further controversie allows however he practises clean contrary Now it is certain being all born in sin and under wrath there must be a work of God upon the Spirit before we understand the things of God this God doth ordinarily by Preaching Reading Praying Conferring Meditating sometimes by afflictions with these sometimes by an extraordinary accident as delivery from an unexpected danger or seeing some great judgement or sudden plague in and upon other men a thousand wayes there are whereby God preaches to a man Now accordingly as the Spirit is affected so usually is the man zealous or remiss and assuredly in such changes God is seen and glorified most as are from very bad to very good as Paul from a Persecutor to become u Preacher and here the world takes most offence It is true the Angel of the Church is not to suffer the woman Jezabel nor the Doctrine of the Nicolaitans to take root in the Church of God but to labour with the Sword of the Spirit not with fire and faggot to reprove exhort admonish perswade convince and the Magistrates ought to exhort the Congregations to their duty that men so qualified be ordained Elders in all the Churches and that they do diligently and faithfully improve the gifts given them to the edification and peace of the the Church and the gifts ceasing to see others appointed in their places And the Pastors are to see the disobedient and perversly refractory to be ejected their Societies And the Magistrate may approve the Rule of the Congregation that no other Congregation receive them ejected without satisfaction to them who ejected first given So that if you take the exhortative inforcing the just duty of Christians from Christians in the Christian Magistrate to be the keeper of the first Table he may be so called But if you take it for the person properly chosen by God to maintain assert and defend the truth of his Service the Magistrate hath a share in it as a Christian if he be such and the Pastors the like a special share in regard of their more immediate trusts but this keeping of the first Table is a Right belonging in my opinion to the whole body of Christians and every member may claim his due The Magistrates even while pretending to it have been the greatest oppugners of it witness the persecuting Christian so called Kings and Princes in the Church the so called Clergy drawing in the same cord witness the cruel Massacres and Persecutions the Pope and Bishops have raised for the same pretences and all we believe against the Truth so that it is manifest these did not keep it who then kept it But they who had no Magistrate among them and seldome a Minister so called to instruct them yet were the rite of Gods Service kept by them as by the seven thousand in Israel when King Bishop Priest and all worshipped Baal I now hasten to the Settlement intended wherein I shall begin with Education of children How Children are to be Educated by Magistrates Authority THe Lord God took care for the meat or nutriment of special children even in the Womb But ordered every Mother to give her own child suck presupposing that
the Councel be highly fined All these matters are subject to devolve into meer Form except Justice in the Supream Magistrate aws all for according to their example do all others frame themselves therefore it is still fit they be under due and visible regulations How Debts are to be Recovered HAving briefly passed these Heads I come now before I come to treate of the way and manner of Trials particularly by twelve men to treate of the Civil Policy as diverse from Criminal and look at that as it looketh at Liberty Goods and good Name And in this I shall pass over the Introductions to Debts which are Trading Bargaining Selling Giving Granting Bequeathing and the like and the consequences thereof now as to this all Revenge is but bestial Satisfaction is Rational Now the satisfaction must be either from Lands or Goods Lands for the benefit of Posterity ought to be preserved as much as may be therefore till there appear no Goods there ought to be no Process against Lands but as the evil present is alwayes heaviest so the liberty of the Parent is to be esteemed above the future advantage of the issue and then the lands are to be sold Our Law holds forth things just enough I cannot in my conscience but say the fault is principally in the Practiser and the Judge the one to move unjust things the other to determine them although I believe many of the Errors were brought in upon Prudential grounds rather then Legal or to avoid the rigidity of the Letter originally For thus it stands the Law being thus anciently that first Goods then Lands then Liberty was to be seised for debts c. upon a just and proportionate Rule necessity found wayes to evade Quaere the Goods and they were others Quaere the Lands and they were aliened and to run through the difficulties of all these Trials the burthen was found too great and therefore the Law of imprisonment at first by Atrest was brought in That it is against Priviledge that is as used I believe it highly but that it is against Priviledge duly used is not to be deemed We ought in all things to remember we are Christians our professing well and practising ill makes bad Christians nay meer civil ones Atheists and keeps good Heathens from Conversion Surely now we by our Laws make such multitudes of poor that we see no way to relieve them and therefore we exact not the Law of common distributive Justice I dare not be too bitter The Lord write upon the hearts of Magistrates such let me say Christian affections that the poor may be rightly maintained but that is not my task here therefore I proceed If any Debtor be let the Creditor come to a legal Officer appointed and there Avow in the word of a Christian that such a one is truly indebted to him in so much and shew particularly how if the publike Officer knows the man responsal let the Debtor be immediatly summoned to answer to the Creditor for so much be it by Bill Bond Book Promise c. If the Officer knows not the Creditor then let the party be summoned and if he denies the debt then let one legal Witness for all men are not to be admitted Witnesses Avow by that I mean a Protestation in the name of a Christian as before a Magistrate that he knows the thing then if the party satisfies not the debt by a day let a Plea be entered No more but thus A. of such a place impleads B. of C. for ten pounds which he ows him upon a Bond or Bill or as the matter is Then let the Debtor answer thus B. to the complaint of A. for the debt of ten pounds denies the debt promise Bond c. or pleads so much paid and tenders the residue with submission to the Order of the Court. If he appears not let an other summons go by way of exacting the party or parties to appear under the penalty of the value of the debt if he appear not nor any Attorny for him being warned let the goods be immediately seised and inventoried by one sworn man or more and apprized by sworn men as they are truly worth then to be bought at the first hand to the utmost of their knowledge and let one Justice of the Peace administer the Oath to appear equally and indifferently between Creditors and Debtors then let a Jury of twelve or six men such as shall be lawfully called of the next neighbours capable of the great trust of such Judgement sufficiently qualified with estate to recompence knowledge to discern and faithfulness to act according to knowledge for such ought all Juries to be and then the Trial by Juries is excellent where the matter needs or will bear the delay except you shall so enforce obedience that Trials may be speeded as called then the debt proved let not payment be till all Creditors be called in and then let their debts also be proved not allowing above forty dayes for all and then let the goods be divided into three parts if there be no other estate otherwise three parts of the whole be distributed proportionately as the respective debts amount a third part saved to the Creditor c. And the same Trial that settles the goods let it pass the lands and let the Seisure of the Land and Sale be by the publike Magistrate but all enrowled in a Book for that purpose How Lands are to be Recovered SUrely the old way of State and Seisin so called in the simplicity of that Age was good but to speak it once for all it is the Magna Charta the great priviledge of Free men that they may make Laws according to necessity I write not this to destroy but enlarge the Subjects Priviledge who now by the practike part of Law are deprived of the just end of Magna Charta and all else I know there is a conceited humerous generation that are content with nothing but the Letter of Magna Charta and others as much against it I shall equally walk equally between them It was then a good boundary to the Prerogatives of Princes and power of Judges and it were better to follow that truly now then to be again ingulphed in as vast an Ocean as no Law in the variety multiplicity and difficulty of Laws for how many things literally observed would plainly much prejudice the Commonwealth but I proceed Lands then in case of doubt must receive a Trial as for other matters of value before a publike Judge the course by a short complaint at a day set for both parties with their Witnesses present who can prove the matter in question or upon Oath made that they are sick or such Case as is allowed upon Oath taken before a Justice of Peace the Affidavit of such persons may be read attested under the Justices Hand and Seal Alwayes provided the Affidavit without another special Witness doth nothing and in Case that the land be adjudged
equally just yet let the Commonwealth have its due freedom let the Fines be made certain one years clear value which cannot be above two parts in three Next No forfeitures next to pass by free deed lastly all as Free-hold at Common Law except onely the Rent for it is better enlarge the Rent and have no Fine Lastly let no Rent be distrainable for upon the land after eighteen moneths due and for the apportionment of Rent let it be recorded between Buyer and Seller and if parties concerned cannot let two Justices of the Peace upon hearing both parties determine it and let it be recorded in the Parish or Town-book to cease all Controversies after To clear this Let a Commission issue to some persons to return a Survey of all Mannors when granted what Customs what Tenants what Rents Free or Coppy the quantity and nature of lands particularly the value yearly that so a foundation of settlement may be laid but because of the great advantage hath been said to accrue to the Commonwealth by Coppyhold-lands above free and Charter-hold in respect they were not subject to cheats frauds c as Free-hold lands let us a little consider how lands are to be passed Whether Inrollments ought to be in each County and how and the way to avoid deceit in Conveyances c. and of Frauds and the best way of punishing them HEretofore Deceits were not so frequent men yea even the highest preferred honor above inheritance Now as the love of riches the god of the world prevailed so private interest grew and from thence looseness of Law and the jealousie between our Kings and people made Laws come forth difficulty and when ever they came the interest of one side was visible or the Law so choaked with ambiguities or incertainties or so short in the main that it did but add to Contention besides the difficulty of obtaining them without an active leading Parliament man were the Author or eager promoter which in those dayes few would or did undertake out of pure zeal so that men set down willingly by the evil and lookt to prevent it as well as they could and take their chance as they called it amongst others rather then stir for new Laws of any sort This made of late years the legal robberies of cheating and truly fraudulent conveyances encrease as well as Letters yet not within the adjudged remedy of Statute frequent for it is as easie to avoid the Statute as to quench ordinary fire with scalding hot water one good Law against all frauds is better then a hundred of the best against fraudulent conveyances the reason is so gross and visible that it neds no president there are yet too many But while all possible means of the exact purity of Justice are to be indeavored by all Magistrates especially Christian It is just and requisite that they take the hint of the good hath flown from the manner of passing of Coppyhold Estates which truly proves that an Office of Inrollment at least in the Head-Town of every County is of necessity with such due regulations as is fit and in the same Office a passing of the wives consent by sealing the Deed of Sale or releasing it provided the Act be done before two Justices of the Peace be as good as a Fine the Dedimus upon the Fine is to meaner persons less fit to be trusted then some Justices may be however not under the conscience of an Oath which all they be the charge of a Fine is not so much though to some it is more then they are worth and ought to hold some rule of proportion as the trouble care delay c. Let there be therefore alwayes some authorized to take these There is another legal I dare not call it deceit the Custom hath established it as a Fine to bar the issue intayle or a recovery or both with single and double voucher but what is this but Custom against the Statute Law by the assent of the Statute I know the Evasion is but a meer Evasion it is better to mould the Law anew for the Law is both wayes unjust for the Statute Dedonis is in it self a perpetuity and would settle lands impassible in a short time and then all men must flie to the Supream Power for remedy let them therefore settle how lands shall be De jure as for example The eldest son to have all two parts of three or three of four or a double portion or at the will of the father provided he gives it no otherwise but to him and his heires and indeed all other estates are but to be a little over-wise but in this I shall not undertake to prescribe ought I shall onely add let the Law be All frauds to be punished by Presentment which found legally dammages to be to the party according to the value proved and then a fine to the State according to the Law and the nature of the offence Now this according to Law brings us to discussion of Juries Whether it be best to have Trials by Juries and in that of the Course of all Trials Civil ALL agree that right is to be done but many nay most differ about the way and certainly there are divers wayes and all good but there are better wayes and the best but the diversity of Opinions is great in these for some call that best which others call but good so various is Judgement much more Opinion for many which have found the good of one just wise discerning Magistrate will think him better then a Jury of Twelve and they that have found corruption in one Magistrate and Justice from Twelve men abhor what they call Prerogative Sentence it must be assented to that while in the flesh the best men are subject to fails and mistakes and therefore to drain Justice hath been thought the best this with popular jealousie in the just fears of dependencies of Judges rivited England to the maintenance of Juries who will not easily forgo it and though there is at present so much miscarriage that I think there is far more evil then good by them to the Nation I would not their temporary ejection but their due strict and setled Regulation But first every Case is not worth such trouble but Justice must be done in every Case and unless you will pay Juries for their pains they cannot travel therefore to avoid this you must make Judges in every Town and though the letter of the Magna Charta is general yet do but the Justice of Magna Charta and the Subject will not complain Justice never wrought dispriviledge and is above Magna Charta But before we proceed with Jurors let 's see how Cases ought to come to the decision of Juries then what Juries c. Now it is just that before any suit be the party wronged should first privately seek peace then call the party before a Magistrate to know what the difference is and see if it yet may
they do and go unpunished be assured the Magistrate is in the greatest fault he is or loose or lazy or both So for maintenance in this way the Magistrate may clearly setle it and ought and that onely from a publike maintenance for otherwise his people will grow pure beasts in the form and shape of men and to these he ought to setle a maintenance competent for humane industry is capable of humane satisfaction this as Teachers but as Pastors let the additionall maintenance be as Christian duty requires Now to setle it as Tythes were the What and how and where and when and to whom well setled it cannot be unlawfull that is to give a tenth but to admit it as of duty to the Minister as to the Priest to plead customes of and for Tything as well as to deny customes of not Tything are all equally absurd if throughly scanned A maintenance and that onely is agreed due by all to them that Labour in the word and Doctrine but the whole Ministery hath with us been so Generally corrupted that not onely men have made or pretended conscience to pay any Tythes to such wolves in sheepes Cloathing but from the vanity wickedness and perversness of these men of corrupt minds have questioned whither a ministry be Here is a hard task for the Magistrate for he hath been necessitated to take that power into his hands which at first himself questioned whither it were lawfull for him or not but attempting and finding no danger present the fear is now least he should not let go his hold I presume this is clear he may and will declare if he have any Religion which he approves this is most naturall that he will establish what he consents not to who can perswade himself of it all that I can say is if he be a Christian let him with all meekness and in the evidence of truth by all Christian means labour to win all but to enforce none but the wicked and disobedient to just and righteous Lawes The want of which is the great disgust of all good men but I shall not enlarge here of that The Churches power then consisting principally if not wholly in things plain and evident it is most certain that the Magistrates Power in ordinary ought not to stretch so high much less exceed that is to help where that with humane thoughts seems to come short as the Church hath hitherto held Now in this I shall speak one word to the great and weighty consideration of the Supremacy of power and whither and how there be or may be Two Supreams which will a little clear up the way for amity amongst so called Christians of all opinions First we must consider the rise of the controversie is from the word of God in all the new Testament wherein all words of saving knowledge are directed soly wholy and onely to the Elect Saints at least by calling and profession which in their season some think nay beleeve shall govern the world and at these as called out of the way of the world to a more holy and spirituall serving of him Now some suppose this was to be done onely in a Church way which both Papist Greek Church and Protestants of all sides agree that is that the Magistrate Ruling among Christians in ordinary ought to be a Christian Now saith the Church of Rome and all as a Christian he must be a member of some visible Church if so he must be subordinate to the Pope and a generall Councell saith the Pope to a generall Councell and Fathers of the Church lay the Biblers of old To a generall Councell and the Kirke say both the Lutheran and Calvinistical Divines All which place the Power of the Church Authoritatively in the Officers or Officer Supream Now those of the Congregational way of all sorts distinguish as the rest do First in that the Supream Magistrates are men and so members of Churches they are Subject to the Discipline of the respective Congregations and Churches but as Magistrates they are distinct Officers in the world for the good of all men and the peaceable and quiet Governing of those committed by God to their charge Now as a member he is inferior to the whole And as a man he is Subject to Ordinances But as a Prince he is not Subject to the Church for as the Prince cannot as Prince perform the Offices of a Pastor So neither can the Pastor Officers of one or more Churches intermeddle with the ruling power of the Prince as a Pastor or Church Officers in any of their opinions Now for Supremacy they who are Christian Princes and Pastors will not strive for the Supremacy of Power but keep their fixt places All Saints are now the Kings Priests and Prophets of the most High God But more especially the chief Magistrate in Ruling represents the Kingly Office of the Lord Christ and the Pastors and teachers the Priestly and Prophetical The Prince Governs the Commonwealth according to the Judiciall Law of the Almighty God the Law of pure righteousness laid forth in both the Testaments And the Pastors and Teachers and Elders Govern the Church in dispencing the Ordinances and Rules of the Gospel the Pastor principally if not only in Preaching of the Doctrinall part of Christianitie the brethren appointed to teach in opening the practicall part of Christianitie I know that some hold that all ought to come under the pure notion of Church Government and all Magistrates to Rule as Church Officers I allow it fit to be Queried but I presume it is the wickedness of our present age blinds our eyes that we see not all that all of them who pretend to sinceritie desire And I see not notwithstanding our variety of opinions but that all that have not the mark of the beast shall sit down with Abraham Isaac and Jacob in the Kingdom of Heaven By this it is plain there is in the Church of Christ the Lord Christs Substitutes in Governing the Nations by the materiall sword according to a Law of righteousness and Justice which man may comprehend And there is the Lord Christs Substitutes in holding forth to the severall Churches the Gospel of Love the one hath the sword of Justice the other that of the Spirit In the order of Government the Pastors and all the Saints must submit to the Supream Magistrate as to Christ the King As a Christian the Magistrate must submit to the Doctrine and Discipline of the Church of Christ as a member of that body whereof Christ is the head as a member a Christian subject to the Ordinances of the Gospel As a Prince ruling justly those committed to his charge It will be thought that this admitting of the Prince subject as a member will make his power subservient to the end of that particular Congregation to which he is associated And this will breed Emulation and at last division Now let this throughly be considered in the cause
original and the head of this fountain of bitterness being stopped the streams it is hoped will be dried up From whence doth all this proceed but from the opinion of the benefit of uniformity and from thence the necessity and thus we War that we might have peace and instead of convincing by Love and waiting the appointed time when the vision will assuredly make haste and come and will not tarry we enforce labouring as we think by humane wisdom politiquely to prevent the evils we imagine may grow to a disturbance of the Peace of the Church And surely this pride of heart and humane Wisdom this thinking so well of our selves and looking at the opinions of Christians more then the lives and conversations which is next to the eye of every man and whereby God and Christ and the Gospel is visibly dishonoured is the source or spring of the quarrels of Christians our duty in practicall Christianity is so plain and our conversation so contrary that it is the Wonderment of a Moralist and all our divisions for Church Government Power oh had we Power And what brethren could you do with your Power could you raze one opinion out of the heart of any conscientious man now after so many thousand yeers man leave this vanity Christian now after sixteen hundred yeers learn to know the motions of the heart are only in the hand of the Lord teach in season and out of season to draw to the Faith but let the Spirit of man be convinced of the duty of Faith What sense and reason is capable of in the plain Law enforce so far as to secure the peace and expiate justly the offence For the Quaere of the power of Churches one over the other I suppose it is beaten sufficiently and in whom the Power of setling of Pastors and Power of excommunication rests I shall now proceed and as a necessary Quaere treate a little First of Impropriations and then of Prescriptions Impropriations to speak plainly are of two sorts the first called appropriations being the granting presentative benefices to Religious houses The other was the freeing of such Lands as were given to Religious houses from the payment of Tythes the ground of this was the supposed vertue that was in the prayers of these Religious persons but indeed there was a knot of carnall Policy also which was to keep the people ignorant by admitting little preaching which was counted the mother and nurse of Sedition Now this Arrow came not only out of the Popes quiver but secular so called Princes after he began followed till at length the Abbyes Monastaries Fryeries c. had abounding in riches and thereby abounding in ease growing Luxurious and sinfull beyond belief fulfilled the measure of their iniquities and Henry the 8. was the instrument as aforesaid to plague them who yet looking rather at Lucre and Power temporall then Religious duty did not return the Benefices and Tythes into the Ancient course but conveyed them still along to the owners of the Lands of those Monasteries c. to which they were annexed as they are still continued Now as many had such things by particular grant so others held them and some other onely by prescription but the not doing of three or four things makes Reformation difficult First the not ordering all Christians in a Congregational way either limited or parochiall or absolute which is best without which a choice of a just safe and equall representative Christian will never be Next the not ordering all Annexations and Impropriations into the Common stock for the maintenance of teachers Humane and Divine Thirdly the discharging of all prescriptions customes Grants c. of particular priviledge of old either of places times or persons Lastly the setling one Law weight measure and tenure precisely throughout the Nation Now to speak one word of prescription I take it to be but only the continued Right of a particular person or family or now of a Corporation Township c. So that upon due and full search it seems to me no more then a custome in many places and cases Now for this the time of prescription ought to be set certain next the same ought after once pleaded to be setled and published just as a custome so that no publike Right may not be publikely known and the Justice of it owned for many prescriptions are as unjust as many customes and equally to be disallowed as arising upon false grounds evil in themselves or tending to the dammage of the publike I now come to Quaere What Law the Christian Magistrate ought to settle THis I suppose many will accompt a needless quaere both in respect that the law judicial generally is formerly asserted requisite to be the head law and also a forme or kinde of setled proceeding in law agreed to be principally according to the reason of the common law so called of the Nation herein laid down as grounded on the word of God But my intent is a little to discuss the rights of the so called common law and civil Law and whither it be fit to allow such divers courts of so called divers laws and to search shortly whether they were originally one and the same or not which I really suppose they were for it is evident that although the first writers of our laws use not the forme of words of the civil law dividing the law into the tomes of the Digest the Code the Authentick and the Feuds Yet the rule of Justinians Institutes which are an epitome of the Digest is by them wholly observed Now the Digest or Pandect that is the new called Institutes for they are various in names I agree to be but the drawing of the multitude of particular opinions and judgements of many venerable sages of the Law into one setled body of Law containing variety of learning upon particular Titles of law or head laws which laws being grown exceeding voluminous and intricate the English neglected them and few being learned they were under the sword dispensed with and politiquely brought into the Closet of the Conquerors breast and as the condition of the Nation required were enlarged or streightned at pleasure And upon interest only the municipal law or customary Law of the people was by some setled in opposition to the so called civil Law Now this interest was partly of Princes who found the Civilian still to draw strongly towards the advancement of Papall interest partly of the practizer who hereby siding with the Prince at last drew the Civilian into a narrow room and got the name of common lawyer as studious of that law which was used and received among the people by tradition generally and in time they got preheminences and liberties as we have seen established We have known the great strifes that have been in these courts not out of conscience of the interest of justice to be either more faithfuly or more speedily and at a due rate executed but to bring grist
lost the glory of Pastors by preaching Christ and pretending for Christ and following the world and seeking Self so they must redeem their ancient honor by signal services Let love be even to Enemies and let the reducing of those that go astray be with that real sincere affection as they Preach Saint Iohn did his back-sliding outlaw given in trust to a Pastor or Bishop Let them be Fathers of the Church and brethren in Christ let them be eyes to the blind and teachers to them that are slow of heart let them be diligent and faithful in their places preaching in season and out of season looking at their duty more then the reward for by the vertual Succession or publike Designation they own the charge of the Lord is upon them and they pluck a wo upon themselves if they preach not the Gospel Lord dispel from their minds the rudiments of the world the superstitious reasonings of the flesh and all carnal Ordinances and give them the Evidence of thy Spirit that by thy Power they may be instrumental in this our day of high expectation to draw much people to the Lord. Holy Father give us Magistrates as of old men full of wisdom and of the fear of the Lord men of courage and despising riches let them make Thee their strength not trusting to their knowledge knowing that in case of a Kingdom appointed to ruine by God wise Councels and fair occasions avail not but are by a secret over-ruling Providence wholly inverted nor to their courage riches or power for the same reasons Let them not undertake War for Ambition nor as all Christian Princes and States of late have done engage in Oathes in policy and for stratagems let their leagues be kept inviolably the priviledge of Nations is above that of private persons let their Laws be not onely in the letter but the practise also the Indexes of pure Iustice let their Government be such a sweet mixture of Iustice and Mercy that may declare they seek Reformation not destruction the Glory of God not the benefiting of Self let them hear before they determine determine before they execute and yet execute so that Righteousness may be preserved free from the scandal not onely of false Iustice but also of too late Iustice Banish from the hearts of all such as thou shalt call to places of Judicature every affection that is dissonant to the purity of Christian Profession Let not form destroy the essence of Justice O Lord look upon all those that have power wisdom and riches whereby being eminent in their Generations they are rendred useful for thy glory that they may all of them improve the Talents that they have received to the end for which they were principally given And Father let thy many promises of building up Sion sending down the New Jerusalem setling the people in peace making them all of one heart and mind be fulfilled to us in this our day Many beleeve it is the great work of thy Glory reserved for thy Call of thine own people Lord hasten that time shorten the evil dayes for thine Elects sake and stir up all hearts in their respective places so to act as the vigor of all Christian vertues may be so apparent that all eyes may see the brightness of thy glory the perfect image of the Father shining forth in the conversations of the children Let all our emulations be holy tending onely to incite and stir up desires of more affectionate duties and services to the eternal Majesty not seeking after principally loose and accustomed liberty but laying such a due restraint upon all inordinate walkings that even propension to transgression may be chastised nay strangled in the heart before it grows to action Let the gifts of the mind in our Commonwealth have the first place then the excellencies of the body and let those of the world have the last as the lowest in the Sphear of Christian Politicks Let thy Kingdom even of thy Son the one eternal immortal invisible infinite Prince the Prince of Peace come let his Spirit so rule and raign in the hearts of the sons of men that his will may be so done of us here as it is in heaven that thou and thy Name may be glorified by all flesh even so be it O Lord. Amen Amen So prayes CHARLS GEORGE COCK Student of Christian Law Of the Society of the Inner-Temple now resident in Norwich FINIS Postscript As I find this VVork accepted I shall enlarge Isaiah 62. vers 1. For Sions sake I will not hold my tongue and for Ierusalems sake I will not rest untill the Righteousness thereof break forth as the light and the salvation thereof be as a burning Lamp Vers 6. and 7. Ye that are the Lords Remembrancers keep not silence and give him no rest untill he repair and set up Ierusalem the praise of the Earth
chargeable this is destroying property in honest English for cutting up young Timber felling young stands underwood and the like with many other wrongs no law no remedy evident or practised Alter but the Law of hanging for Felony and this and a thousand things will the learned make Felony streight if you give but two-fold restitution or servitude for a set time to be by you appointed But especially look to give speedier Law in the proper places to at least the poor or small matters it is necessary to Commissionate some for the speciall Counties and that to determine all suits both in Law and equity the want of this is the main root of growing poverty and that upon Petition without formalities of Bill and Answer Declaration and Plea give a stop to cursory Writes of Error and regulate executions for under Sheriffs and their Officers have need of it if any I love the Reason of our Laws and am as much against Tyranny or pure Arbitrary Government as any man I honor the learned and upright Lawyer and would have vertue learning yea and service in all due Offices should be regarded and rewarded I allow the necessary dependances of inferiours in all ranks upon the supream or absolute powers respectively it is but the unnecessary fruitless or destructive interests that are opposed which every just man will stand for both with life and estate And by you Right Honorable in your prosecutions thereof let no private respect take you off it is not only reason but necessity calls to you for it therefore on in the excellency of strength fear not a clash with any corrupt interests whatsoever onely what is just let it be done justly it is the eminencie of Vertue alone can make your enemies hearts yours though power may conquer their persons By this time it is time to winde up my Clue of History wherein I profess in the presence of God I have to the utmost of my skill and knowledge waved all bitterness and what ever might justly give occasion of offence I yet know some will be taken by men of all tempers I nor no man that will speak truths in such a season of interests can expect to please all if it be hardly possible at any time I shall as God shall enable me go on the assistance of whose gracious Spirit I humbly crave and hold forth what the Law of pure reason agreeable to the divine word hath established to be the Rule for the exercise of Justice and of Righteousness among Christians But some will expect that I should speak one word to our so much pleaded boundaries to Preregative and Rule of Priviledge Magna Charta so called and the Petition of Right more then what hath been said I suppose needless to shew that they respectively in their seasons were but the beginnings of that freedome which the Subjects of those times breathed after they are to us or were before these divisions brake out but the reducing as I may say of speculative or notional Liberty into a way of practicall or real Freedome for what was before only in the breast of the Judge was now in English letters made obvious to each mans sense so that they after pleaded that Letter against any contrary walkings whether in the King or his Officers So that Magna Charta is not pleaded as the utmost due of the English Subject nor the Petition of Right but as those things which are so essentiall in the generalty to any Nation that even the Kings must afford them or they are not just And the Rulers must act accordingly or they are betrayers of Trust And if it be impartially discussed it will appear that the private interest of Princes or the power intrusted for publick benefit abused for self-ends hath been the ground of the principal opposition to Prices for where hath the excess of power or stretching the Law for publick benefit or honor of the Nation or against publick visible offendors been impugned no the lives of many Citizens and the confiscation of their estates not to speak of taxes or restraint of Liberty have been by the generalty praised and allowed though some prudent one might Stoically out of the fore-sight of mis-improving these presidents by evill men disallow such Liberty If a free-spirited understanding Englishman look upon the first Chapter of Magna Charta unless enforced through necessity to make use of any shaft to wound an Adversary yea though it flyes in his own face and wounds him what will he say to it for after the freedome granted to the so called Church the Preface or Assumption on the Kings part is That he having God before his eyes for the salvation of his own soul and the souls of his Predecessors and Successors of his own free will did give and grant c. the Liberties following to be holden of him his Heirs and Successors c. And these Liberties are there called Franchises which intimates the Kings gave them the freedoms there set down now who before had none and let any uninterested man look upon them and he will see they indeed hold a reason of policy but still subservient to the first settlement of the Bastard William there are many notable just things in it and surely such as by which the people were judged before the Charter granted but the people not having ought assured and before the power of the King the interest of Nobles the corruption of Iudges other matters rendring the Law then wholly incertain they sought this to clear up and assure their right as far as might be for Iustice ought to be like as the Elements are by the first intention wholly free Therefore the true understanding wise man saith That he inforces not Magna Charta as the boundary to English Laws or just Freedom or Christian Liberty but as a Catalogue of such immunities as were granted by the Kings to the Subjects formerly according to the then light the Nation had to ask and power to inforce for so they were pleaded by the Grantor many of which are now wholly ceased by time others have been altered some enlarged by subsequent judgements so called and Statutes and it is evident that the English now long and thirst after a rational setled Law in all the parts in the whole body taking the Law of God for the Rule as the Charter-Grantor did though the face of man was the visible Engine to draw the pleasant streams of Liberty out of the Ocean of Royal Power and although that succeeding Princes did never keep the Law wholly yet it was alwayes evident that a noble Prince that sought not himself so much as the glory of the Nation the Acts of such a one were seldom if at all questioned So that to give satisfaction according to the deep and often reiterated Engagements of the Nation it is requisite that some selected impartial honest understanding Religious Patriots be set apart as a Committee wholly to attend the collecting
of a body of Law out of all Laws making Gods Word at least generally or the Moral Judicial that is that which in point of Reason is equal and just to the Samaritan or Egyptian as to the Jew to whom yet an Hebrew was an abomination Now it is worthy serious consideration who to imploy in this work to imploy Lawyers is to give no satisfaction to the people jealous of these men whose interest depends so specially thereon not to use them is to stir up the prime men of parts and of vast revenues to a contest of great importance and some think not of evident necessity for there are many wise just and outwardly religious amongst them out of Englands Law-Books its desired it should come the head Rule of Gods Word and Truth preserved still in the eminency of Power and then let the Rule of just and good be by such of them as you shall appoint and such others as you shall chuse to commissionate with them drawn out of those deep fountains of Wisdom then which none are more excellent generally nor more divinely rational and laid open to the view of each one to judge I shal give you but one example we all agree that the civil Law here raigned originally and by it the next of kin whether of fathers side or mothers to whom the inheritance did by Law descend was Guardian of the Infant The Law of England now is the next of kin to whom the inheritance cannot discend is Guardian the reason of the Civil Law was because alliance of bloud was the bond of Love and who would take greater care but this Law of Nature was found to be most unnatural many by accidental passions being corrupted for pride covetize or envy sake brake the bonds of Nature and for the inheritance sake became the murderers or instrumental to the murder death or captivity of such infants thereby to keep the estate for ever or gain to themselves the estate and inheritance saying this is the heir let us kill him and the Inheritance shall be ours so that it is evident Supremacy of Reason bare sway but the reason is founded upon the divine Rule but look at other cases which are divers and the reason divers and yet all hold force in Law and that for good reason sake As first The Law gives in some and most places all the Land to the eldest and the reason is because he is thereby enabled to give greater assistance to the King in his wars with horse of service as William the Bastard plotted In Kent there the land is divisible equally among all because all stand in equal relation to the father and where the Custome is its Law at this day A third rule is Borough English there the younger son had all the Land as least able to maintain himself there were no great evils found in these therefore these all stand but it s believed by most that were a double portion given to the eldest and no otherwise it might be the ground of a better settlement then this Nation ever had who it is agreed did never yet submit to that Law It cannot be denied but that it will take off much from the vastness of estate which is now ofttimes for many generations continued in the stock of noble Ancestors but t is answered That it will keep from the Gallows and other places as infamous and more miserable many noble and gallant Sprouts and Syences of Royal stocks who having as it oft falls out more active and ingenious spirits then the Elder brother and brought up by the indulgent Parent according to the rank and quality of his father he dead and either none or a small portion no way equal to his breeding but infinitely short of his birth as he calls it or of his spirit left him he being before fired with ambition is now madded with envy and in a kinde of desperation puts himself upon looseness and villanies to support his indigency This Law hath therefore much need to be seriously considered as also that concerning Estate in Tayl and Feoffments upon condition T is ageed none will be more able then the religious Lawyer in this part but as to the setling of Courts Fines Officers Fees Times of Trial Process Execution and the like it s conceived wholly unfit to have Judge or Lawyer impowred if holding places of profit actually or pactising in any Court under a Fee for the Nation complains not so much of the Law of property and right and wrong as in the discipline or execution of the Law it s found to be corrupt interest that troubles both Church so called and Commonwealth therefore in this let Lawyers object but others determine and that according to a Rule of righteousness namely for Justice sake not to maintain interest as hitherto the puny Clerks and unfavored Lawyer and young Attorny and heretofore some puny Iudges would be content with Reformation for they could not be worsed by the bargain No t is those Officers that have places from four or five hundred to ten or twenty thousand per annum that are loth to be drawn to the Standard of Iustice T is this and the like casts odiums upon just things under the name of Levelling destroyers of property despisers of Governments haters of Order projectors for Anarchy enemies to Caesar that is the Supream Magistrate we have seen and most do believe that many no way affecting Reformation have held forth just things only to deceive and delude and lull the State asleep untill they were fit for their design But these also admire that the State do not these just things to take away the colour of such mens aspersions and mutinous clamorous and hinder others from being drawn into such Toyls by too easie credulity while they after renewed complaints finde no amendments they hear and listen day after day and moneth after moneth but there 's no end of their expectation God hath changed and changed and changed again but their bondage is they say the same T is most true t is not possible to please every pallat especially when each pallat hath most visibly a disgust we are faln into many pieces God hath taken us and dashed us one against another yea now the Evil is come to that pass that the wound of carnality is most evident in the Envyings of Professors O what bitter enmity among those call themselves the people of God! and though Discipline be pretended its evident the root is Government the high-gate of Preferment eminency of Power multitudes of followers and the like Brethren is this of Christ Is this according to his Rule He that will rule let him be servant to all I cannot but apply to such heady ones that of Festus to Paul without cause to you with cause The knowledge of the world hath beguiled you You deceive your selves and others while you contemn all men but your selves and all judgement that agrees not with your opinions