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
your best judgements and lay out your most unwearied labours notwithstanding all discouragements either from malice envy danger or any other cause whatsoever to promote the same so far and so fast as the subject matter will bear and assuredly the blessings of Heaven will attend and follow you and your Councels otherwise be assured when God hath made use of you for a while the Lord will cast you away as others before you and your place shall no more be found for the averting of which judgement and setling this Nation and the Government of quiet and peace upon the foundation of Truth and Righteousness is the prayer of Him that zealously and faithfully endeavours and prays for the peace and happiness of the Commonwealth CHARLS GEORGE COCK The Table THe Creation of man and the end of it pag. 1 The fall ibid. The restauration ibid. How God Communicated himself to man before the fall ibid. How after the fall ibid. Gods Law given to man ibid. How that wrought ibid. Whither this extended to all men ibid. The extent of that Law p. 2 Gods Law against murder ibid. Adams and so the Patriarchs power ibid. The Law of Nature purely tends to parity ibid. The dispersion after the flood ibid. The original of it ibid. Who was then the Prince or chief ib. and p. 3 How Lands were then divided ibid. How wars began and servitude p 3. Gods choise of one peculiar Nation ibid. How the rejection of others wrought ibid. How Abraham a mighty Prince ibid. The Patriarchs sin and infidelity ibid. Gods peculiar people Bondslaves ibid. Moses what and his Judgements ibid. and p. 4 Not exemplary to our present Magistracy ibid. The first law of Moses p. 4 God rejects not Jethroes counsel c. ibid. Gods Law of the second Tables and their division ibid. and p. 8 The supplement for instruction of the people ibid. and p. 8 His successors and how chosen ibid. and p. 5 To Samuel and so to Saul ibid. Whither he and so Kings be of divine appointment ibid. God chooses David and Salomon and rejects their successors ibid. Gods special spirit ceases in hereditary Kings p. 6 The influence of good and bad Princes upon the people ibid. For sin the Prince is rooted out ibid. The Principality sold ibid. Christ expected by the Jew ibid. and how ibid. What the Patriarchs were and how the promise of outward blessings was made good to them ibid. and p. 7 The Nature of the first Covenant so called p. 7. and 8 The end of Gods Law given to man p. 8 The severity of that Law ibid. In obedience to this they placed Salvation p. 8. and 9 Whither these were the best Laws for all men p. 9 All Prophesies and Prophets related to these Laws ibid. In what condition Judea stood at Christs coming in their diversity of Doctrines and Opinions the Temple defiled yet never more outward profession and holiness p. 9. 10 Christ birth and the Manner p. 10 His obedience to the whole Law ibid. and p. 11 John a Preacher of new Doctrine yet regarded and followed by the Rulers ibid. Christs Acts and Doctrine ibid. Pharisees and Sadduces the greatest pretenders to Religion in Christs time Hypocrites p. 11 Christs Doctrine that there 's no Salvation by the workes of the Law ibid. The purity and strictness of his Doctrine ib. The liberty Christ gave on the Sabboth to and in what it lay ibid. The Jews scandal him and his Miracles ib. The inference if Judas received the last supper p. 12 How the high-Priest prophesied at Christs death ibid. The Doctrine of the Apostles the same with Christs ibid. The Apostles had the Spirit but not all alike ibid. The call of the Gentiles ibid. How manifested ibid. The Apostles not infallible in all things ibid. Whither the Gentiles ought to observe the Law of Moses ibid. Wherein the Quere rests ibid. First Quere concerning Circumcision the debate of the matter and by whom ibid. and p. 13 The sentence p. 13 The stile and phrase of it ibid. To whom directed ibid. By whom received ibid. Division and strife among the Apostles ibid. Paul circumcises Timothy after the sentence at Hierusalem ibid. Why controversies arose and God permitted them righteousness opposed Sathans wiles ibid. The spreading of the Gospel p. 14 The Apostles urge the letter of the Law called old against sin ibid. Not two Covenants viz. of works and faith But one diversly demonstrated ibid. What part of the Jews Law so called vanished with Christ what remains ibid. Sects in the Apostles times and how arising ibid. What is a Sect what a Schisme ibid. What remedy the Apostles used ibid. His Doctrine thereupon p. 15 The continuance and eternal duration of the Gospel of Christ ibid. That the professors were subject to afflictions ibid. That they ought not to be discouraged thereby ibid. Persecution of the Gospellers or Christians ibid. Hierusalem the Carcase the Romanes the Eagles to devoure it ibid. All evils charged by Heathens upon the Christians ibid. The ground arising from misinterpretation of the Christians Principles ibid. Heathens and that of the wisest witnesses to the Christians Doctrine and that in tortures p. 16 The purity of Christianity under persecution ib. Their defection in tranquillity ibid. The painfulness and contentedness of pastors ibid. Who Pastors and their duty c. ibid. Julians policy to eradicate Christianity ib. The effects ibid. Worst Emperors Christs greatest Enemies ibid. How the Gospel grew when Scriptures were burned c. ibid. The purity of Roman Pastors so called Bishops in the Primitive times ibid. Pagans eyed prosperity as the sign of Gods love ibid. God exalts Christianity to the Throne ibid. The purity of the Prince and how it wrought ibid. God now afflicts his Church with error p. 18 The spreading of it ibid. God punishes with the sword of Barbarians p. 19 Error encreases ibid. Piety of some professors converts Barbarians ibid. Pope of Rome affects the title of Oecumenical and queries the power of Emperors over them ibid. The Quere arising among Christians ibid. Britain receives the faith ibid. Bishops of Rome erect Judicatories p. 20 Gain large temporalties c. ibid. Admitted infallible ibid. Arbitrates the controversies of Princes and claimes it and upon what ground ibid. The title of the Pope and Bishop to all power ibid. The imitation of the Ceremonials and Iudicials the foundation of all errors in Church and State among Christians ibid. The Clergy encroach upon temporal Magistracy and Jurisdiction p. 21 An universal Monarchy intended with Christians ibid. How all things led on to facilitate the designe ibid. The pride of the Clergy and from what Ground p. 22 Many Laws altered in England upon the comming in of Christianity ibid. How whole Nations came to become Christians at once ibid. Popes labor to gain the right or use of Appeales from all Nations ibid. Some Princes oppose and the reason p. 22 The evil effects of this claim ibid. Especially
Christ was and laid The same the Disciples Apostles and others use and build with and upon and in the same way according as they received light which was not all at once I pray observe that they had the spirit all but all nor any of them had all the Spirit they had their portion the grace as Paul saith which was given some in one kinde some in another therefore they first apply themselves to the Jew our saviours rule while he lived was Into the Cities of the Gentiles enter you not but go you first to the lost-sheep of the house of Israel but after a time God manifests by the vision of Peter so God taught him first after by pouring the holy Ghost upon the faithful house of a Gentile that they might be baptized and now after a disputation and satisfaction from Peter of these things they that were infallible in particulars which the spirit gave them were not knowing and sometime erred in what God yet revealed but to Peter I pray note this but now freely they preach to the Gentiles and zealous Paul of a persecutor I say no more made a preacher he goes especially to the Gentiles and with much labor and travile and with many dangers preachers Christ but the Divel is as busy as may be he feared not these men who had received the holy Ghost and had abundance of the spirit he throws his stone and hath Agents enough to roll it now the Gentiles are admitted without dispute the question is if they be not bound to Moses law I finde no question of the moral the scruples are concerning the judicial and ceremonial the first question was concerning some that taught the brethren circumcision was needful to salvation this controversie which hath filled the world so called Christian so full of controversie from that time to this present day as namely whether we be saved only through the righteousness of Christ apprehended by faith or have need also as to salvation to observe the Law that by the Jew was meant of the visible law ceremonial by the Christian moral c. The wits of the world saw not then the evidence of the spirit nor would acquiesce in the resolutions of the very Apostles themselves so that the congregation at Antioch being hereby in great disturbance were enforced to send Paul and Barnabas to congregate the rest of the Apostles at Jerusalem this upon a full meeting was to receive its end and determination where being recieved of the church Apostles Elders and brethren who were called together and the matter publiquely debated before them the result of which Peter declares to the Church or multitude of believers evidencing by the letter of scripture and that of the old Testament which surely is one of Gods witnesses That the Lord in calling the Gentiles who were uncircumcised which before was the visible condition of salvation declared and testified That salvation was in Faith without any Oblation to the Law But mistake not I intend not here as if the Question were of abrogating Moses Judiciall but that Salvation was not tied to the obedience to that or the whole Law but only through the grace of the Lord Jesus which being allowed by James he gives his sentence that the believers of the Gentiles be not yet till further instruction tied up too close to the severity as their vain liberty will account it of the Jewish rigor but in those things which will cast too great an odium upon us with the Jew as participating in Idoll Sacrifices whoredome the great and ordinary delight of the Gentile and in eating any thing strangled or bloud as being a precept highly esteemed with them le ts in these write to them that they abstain to which all agreeing it seemed good to the Apostles and Elders with the whole Church to send this their resolution in letters by certain of the Church at Jerusalem together with Paul and Barnabas the stile phrase and order of which holding sorth still the pattern of Christ their Master and Teacher's meekness gentleness and lowness the Lamb dumb before the shearer and testifying their unity in Christ their head take notice of in the parts the Inscription whereof was The Apostles Elders and Brethren unto the Brethren not the Elders nor Officers but Brethren which are of the Gentiles in Antiochia Syria Cilicia send greeting in the body Forasmuch as we have heard that certain of the Church of Jerusalem or Jews have troubled and cumbred your minds saying you must be circumcised and keep the Law to whom we gave no such commandment to testifie which we send eminent men in the faith to you for it seemed good to the holy Ghost and to us to lay no more burthen upon you then these necessary things that to the end no offence be given to the Jew you abstain from things offered to Idols bloud things strangled and from fornication from which if you keep your selves you shall do well fare you wel Here was no charging willing and commanding from the sacred Synod no Authorrity of the Church urged more then the note of intimation that what was done was by them who had received the holy Ghost The issue is also considerable for these Commissioners of the Churches both of Antioch and Jerusalem comming now to Antioch I pray consider their carriage they assemble whom the Elders or Preachers no they would not tie the people to believe implicitely therefore they assemble the multitude all the believers and there they deliver the Epistle which is read with joy for the consolation This done Satan is at work again raising strife and contention betwixt Paul and Barnabas so that they parted company wherein I pray note the children of God nay the chosen vessels yea consecrated by the actual operation of the Spirit are subject more or less to humane frailties consider further Paul after this decision of that great controversie at Jerusalem yet by and by he circumcises Timothy to give content to the blindness of the Jew and was never called to account for it either at Jerusalem or Antiochia and though himself at the same time delivered the decision of the Apostles and Elders at Jerusalem to those converted to the faith of Christ in the Cities about as they travelled to establish their minds in case either the controversie concerning the Laws necessity were there raised already or might right rise afterwards by this humane Wisdom labouring to prevent a further increase of that controversie And if it be queried why they did not miraculously do it as well as heal diseases and such like Know O man that it was contrary to Gods Ordinance he appointed preaching to convert the world and miracles were Trumpets to call the people together and prepared them to receive the Word and with the Word God gave grace as he pleased and that this must be so is plain for all that saw the miracles attended not to the Word and all that did both were not
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
of God that Christ had not destroyed this Law he came to fulfill it And lastly they enforced this from the rule of reason If man had no boundary to his Reason no rule to make his Law by reason would be infinite which error had been the foundation of so many dreadful alterations as States had suffered under in such clymaterick revolutions as now this Nation laboured under and therefore they desired the drawing of Englands Laws to their primitive rule namely the Judicials This was objected against by others who yet desired a rule of righteousness alledging that if this were the Rule then it must be all so or but part not all for the Ceremonial Law being the shadow fled away at the coming of Christ in the body and that the Church of Rome had done evil yea that it was the foundation and root of their so dangerous Apostacy to carry the shadow along with the body for from thence had come their high power of the Pope their sacring of Churches as well as persons their Altars Trinckets c. their Jubiles Pardons Indulgences c. Canonical hours holy Vestments and all the rest of their trash and that one admitted all would follow and as the entertaining the amusive or formal part of worship into religious services had under the supremacy of the Ecclesiastick power defiled Church and Commonwealth taking away all sence of inward serious conscionable moral duty as well as religious and resting only in the exterior form either the pomp of the action or the act it self So now in the reformation of the Ecclesiastick power by the Magisterial Civil power the Commonwealth would at last lay the foundation of a new defilement to the Church and that this might be was too too evident by the precedent example So that we should but change the Tables and keep the false Dice still which would never better our game and therefore they said that unless there could be shewed exactly which part of the Judicials by an infallible word and that as given by Moses that is not as confirmed by Christ or his Apostles was the rule of Christian duty they would take none at all as so given for if man were Judge of a part of that Law how agreeable to the Nation whereof he or they were rulers then of all and if so then as good take pure reason not contrary to the Law of Christ and his Apostles but founded rather upon his Doctrine in the general rule though the particular application might vary in respect of circumstances so not rejecting the judicials but not taking them as obligatory as given to the Jew the people of God or typing out all Christian Nations or an Ensign of the faith but as a wise Law yea the wisest as being the dictates of the prime wisdom the same God that the Christians worshipped they not only admitted but desired such as were consonant to Christian reason to be established amongst us There were some particular contentions as first for Tythes secondly Appeals next the Sabboth then Theft not to be death then Adultery and Blasphemy to be death and these were things of principal Interest indeed But the Interest in part which discredited the whole was so visible as I cannot allow it though I may them who sought the thing as afflicted in spirit seeing the want of conscience in multitudes thinking ill of all called Ministers for some evil mens sakes open prophanation of the Sabboth by those professed a Sabboth and by the last Act restrained in part and left in other part as loose as before petty Theft death yet in the same State common and manifest Adultery go without any punishment or question all for want of a rule for we hear of long debates about it and Swearing and Blasphemy almost as ordinary as speaking yet proof made difficult and punishment easie but no conscience of reforming for few thought it a sin for the great men and the wise men were most guilty and gloried in it so that it was evident that as some sought the re-establishment of the old frame of Government and that both in Church so called and State according to the old pattern of the Erroneous Church or Apostacy of Rome founding upon the equity and useful allusion so called of the Mosaical Judicials and Ceremonials some nothing but confusion so others desired one wholly new avoiding all the errors which corrupt interests had introduced and that not only because the way of Error was before tracked and therefore easie to be trodden anew but as being builded upon a false foundation as well as by time and error corrupted and perverted Some of these though holding the truth were by a part of themselvs supposed to be in an error while presuming upon the wonderful mercies the Lord had bestowed upon them they were over-rash in their desires of a change for the evident symptomes of unavoidable ruine say they threaten us the multitude of interests are so divers and contrary how few are there to manage such a work not one to ten if one to an hundred this were to tempt God To expect miracles in a day when miracles cease God bade the Jew not destroy all their enemies at once lest the beasts should prevail against them it may hold forth the simplicity of the Dove but not the subtilty of the Serpent which is requisite in this case for you see say they what a contest hath been with the single interest of the Clergy and the scattered fry of their corrupt Courts but if you engage against all the remainders of them with the numerous off-spring of all Courts as of Judges Serjeants Counsellors Sollicitors Attorneys Protho-notaries Secondaries Clerks of the Crown Clerks of Assise Clerks of the Exigents Clerks of the Papers Clerks of the Warrants Clerks of the Essoyne Clerks of the Juries Clearks of the Pipe Clerke of the Kings silver Clerks of the Seal Clerk of the Peace Custos brevium Chyrographers Fillizer Marshals Cryers Waiters Chancellors Remembrancers Six Clerks Registers Comptrollers of the Seal Examiners Clerk of the Hamper Clerk of the petty Bag Cursiters Serjeants of the Mace Ushers of the Court Clerks in nature of ordinary Attorneys with many more and all these having their adherents for which of these but come in under some corrupt interest or other But generally the chief in Offices at least of profit as Judges Serjeants Councellors Advocates Doctors Proctors Attorneys Six Clerks Clerks of Assize c. are all the younger Brethren or sons of Lords or of their Families however of the greatest Gent. and of the Parliament men themselves and setled by the Bastard so called the Conquerour upon a politick Maxime That the Land in England being appointed for the safeguard of the Kingdom might not be brackled away therefore as all the Land went to the eldest these were the wayes of educating and maintaining the younger make them Lawyers and make the Laws dubious Offices plentiful and there would be as
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
necessary well being of a Common-wealth Let the Magistrate neglect a due care in this But I presume it is fatall however let not the cloathes and colours which are the Ensigns of Majesty Honour and special Vertue be made not onely common to mean men but their ordinary Liveries and for servants of all sorts let their Rules be set and let others do as they will so it be ordered that they bear all publick charges at their rate of private expence Whether Titular Honours be consistent with a Free Commonwealth IF it be supposed that the Quaere be whether the Commonwealth may admit them or that they be ruining of such a settlement in themselves It is not intended to bring it into controversie the Magistrate may do it and the State may yet stand but the Quaere is onely of Prudence For the honours being hereditary and native from Monarchy their tendency is thitherward and while the root remains and hath but any sap there will be sprouting each day which will labour a re-establishment so that prudence in a resolved Commonwealth would not so much as in any case but that of necessity grant such Titles to be at least claimed of right but let only vertue proper exalt the man and then a Commonweal of all settlements is the most happy establishment which God grant may be first held forth then practised and that will assure a lasting Government for the shattering of States is Pride and Emulation of Competitors for principal management which in an interval of peace is as natural to natural men in such a case as Sweating What to be done in Cases for which no Law is set or the Law clearly abused annulled and antiquated SUurely there is no offence no transgression but it falls under some Head of general Law yet Circumstance may aggravate it so that to quash the thought of it in the corrupt heart of man there is exemplary punishment requisite upon this account The lying with a maid-child under ten years of Age consent or not was justly made death But put Case as trial was A man abuses a boy at the mouth whereby the child breaks out with pustules c. in the letter it is not Sodomy Buggery c. for which the Law provides but a filthiness of a worse nature so some of the old Earl of Castle-Havens abominations so the business so called of Mopping in Star Chamber tried in an extraordinary Court and brought in upon a challenge between two at least one great spirit This for criminal matter so for all defects and deceits which be remedied by Statutes Supplemental so called of the Common Law that is since it was presumed that there was no Law for which there was not an adjudged Case in the Year-books leaving the Rule of the string to go by the bow or in some things which ought to be remedied but now cannot as for example A. sojourns in the house of B. his Nephew A. hath divers Nephews and Neices upon whom he would settle his estate being old crazie and not able to stir abroad B. finding his Uncles and Kindred to endeavour a just and equal settlement according to A. his intention they come to A. for that purpose A. gives it under hand and declares the pressures of B. to settle all upon him and that he knows B. will make him alter all to this weakness hath Age brought him B. after this shuts the doors against Father Brothers Uncles Friends and all and will suffer no one to see A. or speak to him the Magistrate is complained to he hath no power A. is thus imprisoned it is fit to be provided that the Magistrate should take a sworn Clerk and make A. his Will not to be altered but by the Magistrate sent for by A. but it cannot be done that is lawfully and A. is now kept a prisoner till death his estate as informed all seised and converted by a debauched man a rebellious disobedient son and ungratious Nephew Thousand such things are which while the Magistrate is tied from the Rule by particular Laws lay as heavy judgements upon the land especially upon the Supream Magistrate who as a wise and good Physitian ought to have a salve for every sore The Rule of Law is Quae sunt minoris culpae sunt majoris infamiae these things which are unjust while profitable and unpunishable are the Tetters of the Common-wealth they do spread daily Therefore it must either be resolved the Magistrate in Ordinary shall punish them as the Cause is that is under the Rule of the head Law if plain or not criminal or criminal respectively otherwise to attend a meeting of divers Judges or the extraordinary Judge for Criminals and in the mean time to secure by bayl or imprisonment as the Case requires And this must be observed no Judge to be punished for want of Form if the Act tends to the speedier settlement of the Commonwealth and doth the Act in person Whether Duels be lawful or not and other Trials by fire and water c. As in the trial of Witches suspition of Adultery c. and all doubts I Shall first treat of Duels which is without question unlawful in all Cases yea of the greatest doubt But first to speak to plain Cases most of which are disgraces affronts c for which the Law gives none or not considerable satisfaction or reparations Now it is clear in Law and Reason that when words and signs become dangerous and prejudicial the Magistrate ought to provide accordingly to repress King James made very rational orders in the very cause of Duels but saw them not executed which disgusted the most discreet spirits but it was evident the catch was but to halter the great men in the Springe of the Star-Chamber Law such policies never throve yet Piety when the end is Gods Glory with the peoples good not particular persons interest is the best policy Let therefore the Magistrate no longer count words light while they bear the weight and price of blood but repair every breach give a just recompence for every loss and then punish transgressors severely in such Cases for many think they may justly become their own avengers where thc Law affords no remedy The example is evident in stealing Dogs so called for pleasure which hath cost Lives and Ears The Lord Marshall did take notice of some of these matters but not all and that with such delay and difficulty that the parties were better try it shortly therefore for all words give speedy remedy let the complaint come presently to the Judge and receive a trial accordingly as the Supream Magistrate shall order For the second part which are difficulties suspitions c. we have no infallible word to warrant it the practise arose rather from Heathenish Superstition then Christian Faith therefore we are to leave them to Gods judgement and settle the matter rather some other way as of lot in Case of doubts in civil claims which