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
moved justly who was the first and principal Agent the Lord in appointing or the people in requiring a King which being plain on the peoples part it is objected that the Lord in his first laws to his people Deut. 17. 14. c. gave them a Rule concerning the choice of their King namely one of their brethren c. and that Jacob prophesied of the same and that God laid down the duties of the King c. To which it is answered that neither the prophesie of Jacob nor Gods laying down the Kings choice duty and such like no nor Samuels annointing Saul by Gods appointment proves any divine institution no more then the prophesies c. of great sins and defections from God c. warrants them No no the utmost it holds forth is rather a Divine concession then an original institution for the Lord in that eighth of Samuel tells Samuel the people had rejected him for being their King and laying before the people by Samuel the usage of Kings ruling at list or according to their own will and power as it were to deterre the people from it the peoples stubbornness ver 7. 8. and 19. and 20. shews plainly that in wrath as the spirit elswhere expresses it he gave them a King that is yielded to their desire of a King and Saul annointed by Samuel was chosen by Lot and being hidden was sought and by Gods direction found out of the people and saluted King with a God save the King whence if it be thought fit to be objected he was chosen by Lot and so the disposition of that being from the Lord the Lord appointed the King it s agreed but thence to infer that Kings are of divine institution it followeth not This only is properly raised thence that God appointed that person Saul to be King of his own people after Saul David comes to the Throne and though by Gods appointment and special designation the house of Saul contends with him Absolom he Rebels and carries the multitudes of Israel after him and Solomon the wisest of the sons of men succeeding though by Davids appointment yea by divine approbation many waies manifested if not fore-prophesied he so sins that the Lord rejects him dividing the Kingdom and now in the settlement of hereditary succession that special spirit which accompanied the cheifs or Kings of Gods people ceases as to the most if not all of them and rested upon special Prophets whom the Lord raised up in the Raignes of several Kings for the manifestation of his glory and love to his people not only declaring his notice of their especial sins but also denouncing judgements in case of impenitency which accordingly fell out in the several raigns of several of the Kings of Israel Judah which subsequent Kings were either faithful wholly or in the main depending upon God walking in the waies of David their father or else a kinde of formal servers of God not faithfully but hypocritically or openly prophane and Idolatrous one or two especially Jeroboam who made Israel to sin yet of Gods appointment renting the kingdom from Solomons heire to give it him and Ahab that sold himself to work wickedness in the sight of the Lord for whose outward humiliation only God spared the Nation during his daies Now this is to be noted that even then such as was the King such was the pople generally and for the greatest part at least in outward profession An idolatrous King an idolatrous people a luke-warm King a careless people a zealous faithful King a reforming praying people So far ever was outward splendor and power a leader of outward profession and civil conversation and under the law accordingly as the Lord was served faithfully negligently or prophanely such was his cariage towards this his people under faithfull and holy Kings great blessings both of War and peace under the indifferent luke-warm neuter self-seeking Kings Secureness in peace and cutting short in War But under the idolatrous and openly wicked actual devastations besiegings overthrows and at last general captivities of which the kingdom of Israel so called being of the ten Tribes under the head Tribe Ephraim felt sorely and still feel where ever they were carried by the Assyrian Monarch who was punished as for her own sins so for the example of her sister Judah whose race was yet continued in their own land under their own governors but for sin cut short and the royal race wasted or over-awed the kingdom at last became Mercinary and set forth by the Asian Kings the successors of part of the great Alexanders Monarchy to a publique sale yet sold to the Preists and of the royal blood untill at last in the fulness of time the Romane conquering or Commanding both the Asian and Aegyptian Princes it was sold or given to Herod an Edomite so that now the Law-giver and Scepter departed from Judah The temporal kingdom of the Jew in power royal ceased from all the Tribes of Judah and Israel And now the Jews themselves expected the comming of their Messiah and the fulfilling of the Ancient prophesies according to their received vulgar interpretation of a most glorious mighty powerful Prince then to be raised up of God who should subdue all their enemies under them free them from the Romane yoke now so much feared and should lead them in the strength of Moses and Elias and by his power should consummate all their joyes in reducing their dispertions to an head and seating them freely and absolutely the Commanders of the Universs Thus private interest still led on the people though pretending to God so powerful is nature ever with the flesh Having here drawn into a short sum the Misterious history of Gods dealing with that people which he did more immediately hold as his own inheritance and made a special covenant with them before we pass to new matter let us a little look back and reveiw generally and briefly what this people was the form of the Covenant the nature of the Laws and Statutes given them by God and their execution and such other particulars as shall offer themselves In the first age the persons magnified in holy writ is Abel Enoch and the rest what were they but plain men living innocently Abel though loving God and loved of God God rescues him not from the violence of his brother Cain but he falls and perishes under his hands and Enoch among the Ancients lived no more then three hundred sixty five years and was translated as t is translated that is to Saints taken into the mistery of God but to men ceased to live longer on earth both were blessed yet one dies violently or untimely the other timely he lived not half the daies of wicked men before translated both judgements in mens accounts In the succeeding generations after the flood what was Noah the preacher of righteousness or of the truth which were traditionally or otherwise received as the word of the righteous God
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
all which laws are still binding as accompted morall though neither wholly accepted nor neglected the mystery of the Trinity being by some impugned the likeness or similitude of God made now in the shape of man the most dangerous Idolatry his name blasphemed and no day kept as it ought though a day professed for his service but of this anon The other laws were relating from man to man first setling the rule of obedience to the then generally supream power being especially paternal whose Complaint the whole congregation were Judges of as executioners then he comes to the special and highest crimes of Murder Adultery Theft to secure life chastity property and for a further assurance gives a law against false witness and as the ground of all and root whence these vices flow forbids covetousness Now these laws were given in terror as Moses saith to prove them that his fear might be upon them that they sinned not yet all was too little to hold in so stiffe-necked a people and after these general laws as the heads of common Justice in the root and branch he gives other laws for all occasions both in respect of Magistrate and People Master and Servant Parent and Child Husband and Wife Enemy and Friend or Confederate and that both for War and Peace and that with respective security both to day and night and that for life Maime chastity goods good name and that as a beast might offend with respect to him as the Oxgoring yea to beast as a sufferer as wandring yea and to the wholesomness and means of healthfulness of men not only in their wandrings but in their settled habitations remaining still the host or congregation of God not to have any defilement open to veiw for all which I refer you to Scripture with the rest of the heads specified from the twentieth of Exodus and so onward and having thus settled an outward law of peace and rest or War and Captivity or other Judgements bound and assured by threats and promises the Lord now proceeds to the establishment of the manner of his worship which was and is generally holden wholly typical and ceased in our blessed and eternal Saviour the Lord Christ Jesus and this I wholly at present omit to enlarge and now come to the third thing considerable which is the manner of execution of these laws which was very severe as you may see in the punishment of Corahs sin and so in Achans The men wives children and all were punished not only by God as in Corah but after by Joshua in Achan a terrible God a terrible law and terrible execution yea the law was extream rigid if we regard the proness of mans nature to offend what a poor man to gather a few sticks for his necessity upon the Lords day and dye for it what the Princes and holy men that knew as much by themselves as by Aaron all devoured by an earthquake for their zeal in offering sacrifice to God the people were so sensible of it but in presumption that next day they blame if not threat Moses and Aaron for slaying the people of the Lord. Now these laws were the then rule of the people of God and by these did the people of God under the whole regiment of the law eithr justifie or condemn themselves So Joseph How shall I do this and sin against God So David thy law is my delight my continuall meditation that I may not transgress thy will so Job Thy waies have I kept and have not declined from them and so the yong man in the Gospel All these have I kept from my youth up and Paul after he was enlightned justifying himself in his integrity against the Jews his now persecutors sayes of himself As to law blameless that is he knew not nor could any one tell how to accuse him of the breach of the letter of the law in any title now if you ask whether these laws were the best or not I must tell you that most undoubtedly the laws in general were such laws as no Nation in the world nor altogether had from themselves so exact a plat-form of government but surely some of these were but particular to that Nation and that as our Saviour saith in the case of divorce yielded unto rather then given for the natural inclination of the peoples sake or by reason of the frowardness of their disposition which our Saviour calls the hardness of their hearts specified in divorce and also as that of the law of jealousie That law for unclean and clean food I accompt rather typical then judicial Now to all these laws were Promises annexed in case of obedience Threats in case of disobedience which were often reiterated by those special Prophets whom the Lord raised up in the several generations under the Judges Kings and Kingly Priests untill the Lord sent his own Son to declare his will unto his people in the fulness of time and though Moses were faithful yet that was but as a servant as saith the Author to the Hebrews but the Lord Christ Jesus who is the Apostle and high Priest of our profession is sent from the bosome of the Father to whom the whole will of the Father was known and in these last times God speaks to his people by him even his own Son whom he made heir of all things who being the brightness of the glory and the engraved form of his Fathers person and sustaining all things by his word hath by himself purged our sins and sits at the right hand of his Father wherefore we ought with all diligence to attend to that heavenly doctrine which this our Lord declares for if just punishment were retributed by the Lord to them who disobeyed the word spoken by Angels how shall they escape who neglect the Gospel given by the Lord of Angels the Son of the Father to whom the Angels are but ministring Spirits him of whom all the Prophets fore-prophesied even the Shilo the Messiah the Saviour who should save his people Israel and lead them through the wilderness like a flock of Sheep under whom they should lye down in the pleasant places of rest and none should make them affraid He that was now expected by the Jew and so much the rather as fearing bondage from the imperious and flourishing Romans and hoping of salvation and deliverance temporal Grandeur power and dominion by his puissance who was to break all Nations as a Potters vessel and thresh them with an Iron Mace to whom all people must bow down the mighty Councellor the Prince of peace and his yoak must be upon their neck and his government upon their shoulders till time should be no more Now lets a little consider how the state of Israel or the Kingdom of Judah stood at the time of Christs coming That they expected the Messiah is evident they seeing those things fulfilled which were fore-prophesied of which sure they were diligent heeders especially being driven thereto
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
men to be necessitated to it of custome as now seems not just Two belonging to every Court of Judicature is enough let his duty be onely to receive instructions from the party in the matter of Fact and to set down the witnesses names in a paper for the Judge and to what they can speak but not to speak in the Court but to the Judge and let them have a Fee as the Magistrate shall think fit Let both Lawyers and Attornies be sineable by the Judge and all that plead as such in Case of misdemeanor and that without a Jury Whether Debtors be to be imprisoned Surely where there is neither goods nor Lands to satisfie the rational man the Law of Christ of Love will not still engage to satisfie angry revengeful persons in exorbitant and irrational appetites therefore if he will take oath that he is not worth a third part of the Debt that not exceeding sixty pounds or what summ the supreme Magistrate thinks fit let him be freed let the oath be general or particular I care not for he that will swear upon a trust will swear upon no trust but let the thing concealed be forfeit if you will not do this keep not debtors in prison rather make them servants the same for Felons Trespassors and the like Whether servitude be lawful among Christians c. And whether fitting or not SUrely the Almighty wisdome appointed nothing in it self but just and that justly yea above other Law-givers who from want of prudence oft multiplied servants to such numbers as they oft oretopped their Masters and the Laws but the Lord by allowing servitude among his people yet limiting it for a time gave satisfaction to justice every way the proprietor was satisfied by labor where estate failed and the servant had his day of freedom and the danger of multitudes was never obnoxious to them for we see the Lords and great men offended in forcing service but not the contrary service therefore well limited is held by many and those prudent men and godly Christians no way dissonant to the Liberty nay equality of the Gospel wherein by Christ we are brethren and fit to be practised as well as bound Apprentices but with well tempered Laws As first the power not to extend to life or mayme next not work above so many hours in a day then to be cloathed against cold and fed for Natures sustenance that is he shall be better then in a prison the greatest difficulty will be to make servants of wife and children for it seems to some unreasonable that they should be made servants Our Heralds in many heads have made such shatters that they cannot think fit a high-born man or woman or the like which are accidents of inferiour providence as I may call it should be subject to the universal Law of Mankind but certain it is if all Debtors c. pay or serve these men ought not to be excluded but that the women must follow the condition of man is not of necessity no more then to be imprisoned c. she must be miserable but needs not be in servitude nor the Children Now the Law-maker ought to settle something against them upon two grounds First of satisfaction secondly of aw or fear upon this score to make the children and wife suffer would do much as some think but I conceive otherwise for self is generally neerest Next for children it would or might ruine education whereby the publick loseth more then the private gains Lastly for the wife if all parties be pleased let them come and serve together otherwise not But under the Law of mercy to shew mercy and love let the evident poor man be discharged as before with something to begin the world but once more repress idle houses of all sorts vanity in Apparel c. And settle estates and rate them truly and keep strict and just Government and you will not complain of poor nor fear cheating nor need servitude but with content of all parties but above all take off high Covetize and preach by example as precept Magistrates Ministers c. men of all sorts having food and rayment be therewith content But because Usury is supposed a manifest cause of beggery and is so much questioned in the world and so beaten by the Pope and his Councels and Usurers so accursed and our Law present onely wincks tolerates not let us a little consider that and Quaere Whether Vsury be lawful And how compared with Letting of Lands I Take Usury to be a Covenanting for to receive the principall with interest Now the reason of the coming to a setled way of use by particular persons that is twenty fifteen ten eight six or four in the hundred was upon consent of parties to avoid tedious and deceitful accounts and reckonings and the like the Laws settles it to avoid excessive gripings just as in Lands the Tenant hires now at a certain price and puts the gain in his pocket truth is we are a light loose proud lazy prodigal Generation for we have had much liberty educated under no restraint aw nor fear no reverence of youth to Age of people to Magistrates of poor to rich no order all men now Masters all brave all for back and belly this spends fast and gains are decreased and oft all lost and then the fault is use-money I pray what difference between being undone by a cruel racking Landlord or a biting hard-hearted Usurer you will say all one He that gains little by Land or Money cryes I had rather take money and hire Land to give account I am undone some by being unfit to manage Land or Money others by ill managing of it he that thrives will never agree to this no that were to be alwayes a servant Again some will over-purchase themselves and receive four in the hundred in Lands and pay eight and this ruines them others have good Trades in debt purchase pay use and thrive Nay it is certain Money is a more possible way of great increase then Lands and the Complaints even in all Nations much what alike therefore I conclude as to that it is fit to regulate letting out of Moneys but it is also fit to order some proportion for Lands or give a Rule for Landlords that squeaze a poor ignorant labouring creature as we do a Honey-comb let neither be permitted unjustly and for rich Tenants let them not defraud the Commonwealth This premised Usury in it self may be lawful if not forbidden now if it be forbidden let me see where it is if it were Typical it is abolished if judicial generally it is rational that is all those Laws hold forth the reason of commanding or prohibiting plainly and then let us see the reason Now if you take it judiciall specially as proper to the Jew then it must by like reason run thus Take no use of thy Brother a Christian the English Translation hath it poor Brother which to me plainly hints the
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
lay to heart these things First that you are in Gods stead Next that there are many vows upon the Nation for Justice and Righteousness against the then and still continued unchristian uncivil nay inhumane dealings of man with man as man with God c. You stand in the eys of all all your goings are marked and all your failings graven to Record Publick necessities your own consciences and peoples complaints have plucked forth Declarations to men as well as Covenants to God the Obligations to men are still the same if the reason be the same And for our Obligations wherein we lift up our hands to the most high God truly though the Covenant as is said be out of date that is the end of the Covenant for satisfaction to the King to draw him to an union and conjunction with his great Councel be disobliged yet the seeking of the setling of this Nation the three Nations all Nations according to the Rule of Righteousness in love peace and unity yea the drawing of them to uniformity both in Doctrine and Discipline according to the Word of God that is by the evidence of truth and the manifestation of the Spirit is still the duty of all Christians for this had been a duty had the Covenant never have been it was before it and must remain after The present Age is in the learned part very acute at least to censure all persons and then assuredly the actions of Enemies You have many who foment jealousies from the supposed Errings and delays some to one end some to another but all of beleeving the old experimented Rule of the destructiveness of popular Government from the variety and inconstancy the dilatoriness and ambiguousness of their proceedings and unsatisfiedness of so many selfish Interests as are among them this is to bring in the Government of a King again Indeed multitude of occasions makes your proceedings slow-paced Instead of particular Acts which are unsatisfactory settle a compleat body of Government you have means of supplying all indigencies for if you improve your power to evident publick good who will oppose The Royalist and all among the Parliament party agree in many just things yet uneffected Justice is the preservation as foundation of the Throne If you will raign safely walk not in any of the wayes of them that fell before you the president of their punishment as their error is too nigh at hand Let no interest deterr you from your Rule Conserve indeed the real Liberties of the people free us from all those Legerdemains the sleights of Oppression and Tyranny What was unjust gain in the King let not the State demand there depend upon follow providence as far as you will and be as remiss and so called merciful as you please but in things just and evidently conducing to common good be severe and unalterable this is righteous In things difficult and doubtful first use reason and prudence discover the interest opposing and so proceed to afflict this wil breed both fear and love Alter a good and just thing though to a more just by degrees and gently for interests have here lawful pleas but in evidently evil it 's the glory to make speed Connive not there for an hour What is here driven at is the just Reformation of all our Laws the Reduction of them to a Rule and standard of Christian Simplicity You that are of the long Robe both in and out of the house you whose knowledge both divine and humane abounds as your abilities in outward as inward excellencies Judges Councellors and Officers of all sorts look not at ancient Customes but at the common Justice of them not how they restrain particular evils but as they conduce to universal good If you will not admit the opposition of inferiors do nothing but carrying that evidence of reason as may stop the mouths of fools as well as satisfie wise men Let Godliness now in this light be the pretious gain it s the Pearl of great price Surely there are things called Law admitted practically for Law and those opposed and complained of which are so notoriously unjust and irrational so destructive to the Nation as its the admiration of all men they are not amended 't is laid onely to the charge as a matter of Interest to be obstructors see in the day the Lord opposing every evil thing lay down Self and God will stablish you To you Princes and Nobles I say learn by Gods dealings with you to see Thrones and Scepters Powers Civil and Military Riches and Honors Wisdom and all are the gifts of the Almighty Wisdom The Hand of Providence holds them forth and disposeth them as it pleaseth You have been bad Stewardes amend your wayes God hath here and there taken all away otherwhere a great part most have suffered know God is able yet to take away the remainder seek not therefore in passion to break out what ever you do carry God along with you and that not in thought but deed assuredly the judgement else will be more smart and deeper in every change le ts see the Work of God upon your hearts change Profession into Practise of Christianity idolize not the Form but acting sincerely Zeal Holiness Austerity of Life in the avoiding the very appearances of evil but exemplary in Charity and that not onely in giving much but giving well ordering the wayes not of your selves onely but of your Families so that the nobility of your souls in the excellence of graces may speak you illustrious above ancient riches the Vertues or Vices of your Progenitors The same I may say to the Gentry and men of great estate City and Country know God gives you much that you may do much for him wherein is now your excellency Titles Alas they are but like Absoloms Pillar serve but to eternize his faults and miserie Good cloathes large Retinue as Revenew if not larger and they generally idle and so necessarily vicious Coaches and horses bountiful and luxurious fare as much spent to feed and cloath ten as well would satisfie each day one hundred and for one hundred as would plentifully maintain a thousand Is God honored in all this or is the poor profited you may think it for thus did your fathers and so did you but where is the Rule the charges of the Commonwealth if but five shillings are a burthen to you who spend ten pound nay a hundred pound nay a thousand pound in waste and they that have nought follow your example thereby believing they gain credit I now shall speak one word to the Army You have followed Providence make no Selfish Interest your Idol lest Providence forsake you be assured others have many enemies but for you how few are your friends there are great engagements upon you to God who hath with such a continued course given success to your undertakings I am so far from incouraging to Mutinies as I condemn them there are just wayes use them I would
stirred up in the Raign of King Charles who succeeding his father with all the expectations that might be of the vulgar his entertainment to the Crown was with all congratulations of a high joy such as the high condition of his estate required in a setled Kingdome having enjoyed a continued peace for almost 140. years whereby riches abounded exceedingly but with them pride increased so that spirits grown high they were ready to kick at the prick and the rather in respect knowledge abounded and they were not ignorant of their own strength And what the Romanists foresaw was now held high time to provide for for whether it were the advice of King James or the disposition of Charls or the natural jealousie of Kings or the supream over-ruling decree intending by degrees to fit things to the determinate end I here discuss not but this bright day was soon ore-cast for in the first Parliament which I suppose was called in or about the third year of this King after some order taken for the regulation of evils against the civil peace and some kind of care taken for punishing the great prophaners of the Lords Day the King not well liking the Petition so called of Right being indeed a strong limit to dreaded Prerogative yet grants it and continues the Parliament untill he had obtained seven Subsidies of the people distinct and eight from the so called Clergy and then dissolves it But there was another special reason namely the people were grown exceeding high and fierce against not only the special Favourite of the King the then Duke of Buckingham but secretly taxing the King himself as at least an Abettor to him in the too soon speeding his Father out of this world I beleeve it is evident to most that the Duke committed a crime notorious to all that the King did by dissolving this Parliament hinder the tryal of him but this doth not evidence his guilt though it gives matter of surmize but this may be handled fitlier otherwhere if need requires The breach of this Parliament gave a great disgust to the people the rather because it plainly appeared the King wholly and almost only sought himself for although he had acknowledged by Act the necessity of continuing the Parliament to settle fit remedies for many notorious grievances yet before ought expedited but his own business as it was justly called of the Subsidies He of his so called Royal will annihilates all by nullifying the Parliament as he was said to do and indeed it amounted not to much less for he did at least by his instruments which he owned almost with the same breath he assented to the so called Petition of Right or due Rights of the Subject break it and proceeded so far to aggrandize the power of the Prince that he made the Subject a slave having a speaker fit for his ends a man of as mercinary a spirit as could be for upon some incivility as it was called of some members zealous for Reformation who loth to have the Parliament so fruitlesly dissolved held the Speaker in his Chayre to Vote a Remonstrance to the King he imprisons them seizes their Trunks searches their not only chambers but pockets most of which dyed in restraint being accompted the Martyrs of the peoples Liberties whom the King thought the greatest means of subverting of them as intending still to drive on the contest betwixt the King and his people which was begun in William so called the Conqueror and surely he could not but espy that notwithstanding all endeavors to the contrary the people had still gained upon the Crown and surely what he expressed in full Parliament and which is printed among the Statutes at large more then cleared his jealousies of encroachments upon him which is a sufficient cause to a Prince to stretch his power and surely was as before is said in part with those other reasons annexed not only the cause of that Sessions prorogation the then Parliaments dissolution or rather by not keeping his so called Kingly word annihilation but the not calling of Parliaments till necessity enforced as if he had seen or foreseen the fate which hath since ensued I cannot beleeve him ignorant of all those not onely so called prophesies but of those conjecturall observations of those grand Mathematicians so called which how his wisdom might prevail over I know not but assuredly Princes of all are most easie and subject to be entrapped at least the inquisitive part of them neither shall I here treat of the power of the Stars if at all although I must profess little have hapned in the notorious part of his Reign which such Artists did not more or less foretell But because out of his Reign is as it were raised the fountain of all controversies both divine and humane let us shortly run over the state of the so called Church and Commonwealth and begin with the Church which though not so furnished with large Territories nor multitudes of Religious so called Professors as before those nests of Monasteries Nunneries Fryeries Fraternities Colledges c. being dissolved and confiscated yet to the remaining Arch-Bishops Bishops Provosts Deanes Deanes and Chapters Vicars Vicars Charols Chaunteries Cathedrals sub-Deanes Arch-Deacons c. pardon that short enumeration of many glorious beasts of Babels forest there was a sufficient maintenance to perform the duties required in a Bishop by Paul without any by-encroachment but these men were now grown civil Lords and having contracted Marriage with the world they lay with it and neglected their duty to their Lord and husband the Lord Christ Jesus They had large Palaces of old Babel the same seats in their several Provinces called Diocess the same structures or great Churches the same Attendants for their Courts Juridical were not taken away these all required maintenance and that by reason of worldly pomp in great measure but they had enough for this had not the itch of the flesh brought them as other men to avoid fornication to betake them to their own wives and the same carnal prudence which before prohibited Marriage lest the care of the world and love of children c. should cause imbeselling the Churches so called Revenue the same now wrought unjust seekings of gain by any means to the prejudice of the Church Before the storm in Henry the Eights time many long Leases were made before Queen Elizabeth many more so that to assure maintenance she was enforced the Father of the Church for fleshly children sakes robbing and wasting their spiritual Mother to that prudential Law that they c. could make no new Leases or renew any old but for three lives or 21. years reserving the old rent but as children increased and worldly temptations these Church men could so far dispense as either to coyn old or else new Leases with this blessing from the rule in Law Valet quantum valere potest and these were to their children servants friends or the best friend a
otherwise received by the vulgar and multitude The Independent so called being burthened both by Bishop and Presbyterian with all calumnies as the Presbyterian being envied much by the Bishop being as his Opponent and by all their followers and that just as the Papists had in the first Reformation branded the Church so called of England governed by Bishops but denying the Supremacy of the Pope and therefore cursed by them as Hereticks Schismaticks Adulterers yea Heathens for by their rule we had no Ministry no Sacraments and so consequently no Church because not holding of their head the Pope And in the word of a Christian so doth the consequence of the Episcopal and Presbyterian Doctrine brand the Congregational way for they say no Ministry but so derived as by Succession from the Apostles and that admitted they must hold none have power to administer the Sacraments They all differ also about Government in the Church the Bishop and Presbyterian much what alike both indeed making the officers of the Church the Church as Rome doth so as the Church taking the Government solely into themselves count all other Christians as Lay-men they had as good say Heathens if throughly scanned and they onely the Clergy the Priests of the living God so indeed claim a magisterial power by the same Rules Order Arguments and Distinctions and Differences as Rome doth yea over the Supream Magistrate making him their rod of iron to thresh the Nations that is all opposers of their Classical Edicts These men gave the Magistrate no more power then the Pope for as he so they were the Church the holy ones the Saints at least representative To these men at first gave great regard but many wise Heathen Lay-men feared these mens unskilful lording it over the Lords Inheritance for they presumed these rash Novices in civil Discipline would drive higher then the Bishops who had gone before them Surely if the Bishops men trained up at the Courts of Princes after they came out of the Halls of Lords for the Chaplains of great men came generally to Episcopal Thrones or Chairs and so had still had a reflection upon the order of civil Government and had undoubtedly improved their natural as well as so called spiritual Talent if they had lost themselves and ruined Government through error in Judgement c. or dependance what would these who came but from the Pedantical Tyranny of the Universities and foolish idiotisms of puer-putes I intend this to meer Scholars and give them but their own language which I presume they cannot but apprehend These considerations made the Parliament at Westminster while yet unshattered otherwise then by defection base unworthy defection they should as men have had resolutions worthy their trusts but their cause it seems gave no courage at first to declare against these powers of Parishional Presbyteries to this effect that they did not intend to raise nine thousand odd hundred Seats of Judgement or Judicatories that is so many as there were Parishes of England the least of which should have more power then the Parliament of England And I think few men knowing but will agree that the name onely of Bishop should have been suspended or extinguished but the same power yea that so called by the Presbyter unjust being exercised by the Bishop the preheminence being now in the Presbytery the same had been allowed and indeed it pleased God so farto give way that these men were throughly tryed for the Parliament did not seeing all at once constitute Elderships to be chosen and improved some men whether intentionally as supposing that Discipline best or so called politickly to discover their temper I determine not But these men presently fall hot upon the work and what had but just before ruined their predecessors the Bishops and been their stumbling stone namely the Non-Conformity of the now called Presbyter becomes the Presbyters rock of offence against the so now called Independents And to assure this after the manner of the Apostate Church they call for the secular power or the power of the secular Sword and an Act was said to be prepared they talked much of it That Non-Conformists should have a liberty to bear office either in Church or Commonwealth It is truth the rigidity of some its probable seeking not onely the Supremacy of power but an addition of wealth for by them also were sought outward honor riches Lay-power so called and what else was of the old Babels trash to adorn the Church and by them called the Churches Rights bounding it to the so called Priesthood was by these as much eyed as by the veriest Babylonian in the world and the Commonwealth of England still made the Stalking-horse to their lucre and the base men of a rout of people so called also Cleri or Clergy men in whom if St. Paul left the Qualifications right set down were rather the Priests of Bacchanals if not of Bacchus then Pastors of rightly constituted Congregations and these altogether take advantage of an Ordinance made for Tythes to give the denied treble damages they also upon the same grounds get Acts Orders or Ordinances for uniting Parishes and could inform untruths for advantage which appearing the union is for malice not conscience of the complainer dissolved for could the persecutor have had his Tythes but for half value all had been whist but the Priest saw not where such agreement would rest he might undo the Church that is his Successor by that means Wills Probation fixed as they were under an incertain irregular way and illegal till established they continued the Marriage of persons as a Sacrament to be the proper work of the Priests Baptizing Infants the eighth day held if not by the wisest yet by the most of necessity to salvation Yea some held That the Sacrament of the Lords Supper was a converting Ordinance and so to be administred to all to whom the Gospel was to be preached namely the most prophane of any This to many seemed rather an allowance Politick then Religious to gain a party then to give forth a principle untill some leaders were found publickly to avow the Tenent but this licentiousness lost them the best and most considerable party I shall not further wade in these Controversies nor had I gone thus far could I have otherwayes well cleared what is to follow Namely that the Magistrate eyed these Tenets as sorting with or against his interest and accordingly seemed to allow or disallow The Presbyter struck so high at the root of Magistracy making them their meer Executioners and bringing by Text of old Law what was given to the Priests more imperiously into the Cleri and on the other side the so called Erastian giving all to the Magistrate not as of the Church or in the Church but meerly from the Civil Jurisdiction and totall subjection of the whole course of so called Priests unto the meer will of the Magistrate either by doing or suffering not allowing an
of the day in the wisdom and power of mans strength did the Lord give such a signall Victory as being wisely followed and improved the Kings party were never able to make head again but their severall parties in the severall Counties were partly by the Scot keeping them on work by diversions The English Generall neither Winter nor Summer gave any stop till England had but two Armies the mercinary so called of Scots and the other of English And the King Oxford now only left unto him was enforced to try his then last shift namely to betake himself to the Scot having a strong Army before Newark thereby to engage a quarrel as is more then evident to all by whom he is presently upon the surrender of the place carried back to New-Castle and they wisely finding the difficulties attending them in case they should carry him personally into Scotland upon a Treaty deliver him up to the English and what was altogether unexpected return into their own Land what engagements to a return I know not And now the Presbyterian party so called fly high indeed and urge execution to the highest of the settlement of their own Interest having no other publick enemy bandy against their brethren in the Lords War the generality of the English was for them the so called Independents being esteemed by the many as the Christians of old actors of all impurities and their fry of Confederates the Sectaries but as so many legions of Divels sent into the world to give a stop to the erection of the glorious Kingdom of the Lord Christ Jesus and sure some in their zeal would have thought they had done God good service to have killed them I can in my private thoughts compare their condition to none better then that of the Israelites when they had the Sea before them and an Army behind them and were in the wilderness I know the passion of many a soul when after all their travails for Liberty from the yoak so called of the Bishops Tyranny they found themselves ground to powder under the Milstone of the Presbyters Rigidity and all this for conscience sake for the Presbyter began according to the old Rule with Church work and that was and ever will be long work especially where men take it upon them without the Lord the builder builds in vain From this the Commonwealth being still as over-burthened as before the distastes were great against the present Governors still as before the galled back seeks ease let the plaister cover or saddle be not only gilt but gold This opens a way to the oppressed for the righteous and just ends of the undertaking of this war being held forth that the ends of the Covenant as looking at Gods glory the peoples good and the just Rights of the King were not ever intended to be denyed but the pretended ends namely thereby to ensnare the consciences of men by self-ended glosses or the banishing their persons and confiscation of their goods not for neglect of civil obedience but not conforming to the opinion of others when as yet it was professed that grace was the free gift of God that the rules of prudence or earnall policy had no ground in Gods Word if prudence only might rule why not the Popes and Bishops as well as the Presbyters and to enforce conscience with the Sword of the Scot was as evil as the Mace of a German These and the like matters dispersed abroad and especially in the Army some Regiments rowze and head and notwithstanding all possible endeavors of the Parliament both at London and in the Counties the whole Army is fixed and both with life and Armes meet at the Rendezvouz and engage to prosecute the just ends of Liberty or to obtain the just Liberty of the people and hereabout the name of Levellers first arose part of the Army actually seize the Kings person at Holmby and now the active Grandees of the ruling party so called Presbyterian are accused of high Treason The King is under the custody of the Army and all means endeavoured I beleeve to make him instrumentall to the ends propounded to themselves how far their Treaty proceeded or what obligations were on either side were and are to me private I can take them to be but politick Transactions with respects to their mutuall respective or particular Interests and no further carried on but that either party had their safeguard their way and place of retreat But to proceed there was much spoken now of the Scots return and many agitations a great body was enforced to attend the King And he of a politique head was much catching and drawing and it is likely that his great knowledge where he met with true conscience not equally gifted he must prevail for prevention of which and other evils he I beleeve by stratagem and over-reach was brought to carry himself into the Isle of Wight where five hundred could do more then ten thousand otherwhere but see this brings greater preplexities for many now wearied with war and its effects of all sorts or so pretending taking advantage of the Armies opposing of disbanding cry out there can be no peace while there is an Army and though it is truth they were not a meer mercinary Army but raised by Parliament under the notion of engagement as free men for their own just Rights Yet it was plain their Interest was now grown wholly into the Army and that experience shewed there could be no just settlement while the Sword was unsheathed That they intended nothing but to take away property and introduce confusion and were Levellers haters of all Justice so that now the Souldier was enforced to stand upon his own guard London was opposite her Trade was decayed her Assessments great and all places filled with complaints The weaker party in Parliament being sedulous and crying up the Common good got not only many hearts but had enwoven many strong dependants into principal places of Trust and Office both at Sea and Land so that all that the mighty men could do was only to plot but they could not bring to effect The Army was before much admired for complying with the King and who so high against them as the Presbyter O they treated indeed it was the success however carried they maligned sure I am they opposed not the thing for they acted higher in it then ever did the other but to prepare for the work about the eleventh of June 1647. The London Apprentices so called made the foulest breach unto the Liberty of England that ever was forcing away the Speaker and all partaking with the Interest of the Army and the residue of the Members to testifie their contrivance of the fact choose a new Speaker and declare them at Windsor the head-Quarters of the Army whither the Speaker and divers Parliament men were fled or retired a meer Juncto as the Parliament of Westminster and the Assembly at Oxford had before mutually declared
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
or default the offender to be punished and in case of inconveniency the place to be dispriviledged Again It s no dispriviledge to a Free-man to have men attainted of crimes severely punished yea in some cases not agreeably to the letter of the at least present practical Law As for example a person dangerous and oft suspected for criminal matters as Robberies Burglaries Thefts Cutpursing and the like is acquitted by the formal ignorant or packed Jury for want of a clear more then noon day evidence which is now with Jurors through the servile terrors of selfish Judges expected if such a one for the peace and welfare of the Publique be detained in Prison made to work c. so one who hath had his Clergie several times So of gallant Rogues who live high and can give no account how they come by their expences to secure such is no doubt the great priviledge of the Subject These matters can never prove prejudicial to just or good men in a well ordered State they tend to the well setling of any State and although some may abuse such power against good men sometimes yet this is well known That that is the evil of men not of the power punish the men and appoint better but necessary power must alwayes be upheld This may be much opposed by some whom I have found earnestly to contend that prisoners convict of Theft and Vagrancie common Milchers and Pilferers could not by the Law be polled that is have their long haire cut off no not when it hath been proved they have made that instrumental to their roguery The Custome of old will not prevail but their new fancy that nothing of reason is Law but what we have an adjudged case for this must be maintained for this is their Diana who so stickle for Rogues and therefore they will not do this but advantageous customes are revived or created though no better and less reason thus they Tyth Mint Annise c. It s no dispriviledge to be enforced to plant yea if a Law were to plant the North and West side of each inclosure with fruit trees and the South and East with Timber and other wood and when any Close were above four Acres to have one row of Timber or fruit in or about the midst It were no dispriviledge to have all Commons inclosed and improved a certain quantity only kept for the meer poor of the Town nay it s the only way to advance the Nation provide assuredly for the poor who now all are eaten out by one rich Clown and make good roads for Trade and take away the Nurse of poverty It s no dispriviledge to alter the Heathenish days of the Moneths and weeks and idolatrous ones of Saints dayes Feasts weeks c. Nor to admit no Market or Fayr of speciall note save on Wednesdays and Thursdays so called that going and returning be not at all on the Lords Day No nor to take away multitudes of old needless Fayrs in England the principal end as practised being only drinking and wantonness It s no dispriviledge to have a Law that no ground within a certain space of a City or walled Town be plowed but all for pasture except allowed and that onely once in a set quantity of years by the Magistrate thereto appointed for necessity and then not except only for Roots Turnips and the like It s no dispriviledge to be punished for keeping Swine or using certain Trades in the heart or great streets or neer thereto of Cities and great Towns alwayes provided they be not tolerated under a rent or any payment to be enforced to sweep streets cleanse Vaults avoid Dunghils yea if it did extend to the avoiding or purging the belly of other excrements then water in any place and not bury it It s no dispriviledge to have the Magistrate set a rate upon what can admit it nor to punish the inventors or wearers of new Fashions It s no dispriviledge to enforce by Law to Tyle or Slate all houses in Cities and great Towns To conclude a general Law can be no dispriviledge nor any Law which truly intends publique good the not equal administring of that Law is a dispriviledge but then the fault is in the Judge not in the Law though it may prove very burthensome as in times of Prerogative nay destructive to a particular which evil will and ought to have a speedy remedy by complaint and due punishment not by alteration of the Law I come now to the last controversie of Priviledge and dispriviledge that I remember that is That men of such Estates shall not keep Hawks keep Greyhounds Guns setting Dogs Nets and the like many have questioned me what benefit we had by all our labours hazzards payments c. if this were practised they had as live the Lord Matravers should take away their goods as the Justices of the Peace but being informed what they did was according to Act of Parliament what he did by meer power what he did was to break the hearts of the people and fit them for slavery what the Justice did was to restrain the vanity of youth and keep poor people to labor that through the vain delights of sporting they might not neglect their Family what he did was to enslave poor and rich equally what they did was only to regulate exorbitancy and looked onely at inconvenience they all resolved the thing was just they would willingly submit and desired a certain enforcement of so just so necessary a Law 2. That trade should be regulated which most assuredly as to well working making fitting and trimming of matter is out of all doubt necessary if not of necessity but as to the times and places of sale wherein one Merchant or Tradesman may outreach another and may border upon particular interest that is not so easily determined only this the Supream Magistrate must take a note of direction that there is two evils which to well settle a free trade must be provided against First to loose a rule which is to place the superintendencie of power in the vulgar Artificer which will at least end in confusion the next is too strict a Rule giving the Masters of the Company as you may call them such a power as they shall make Laws and enforce the execution upon such terms as shall out all Freedom but only in name therefore some general Rules must be laid down and every County must have a Conservator of Liberties of Trade to restrain from unjust encroachments either of the poor by multitudes or rich by power and this will sureliest settle the foundations of all Priviledges But there is one Priviledge more yet remaining which is as it were the essence of all or rather that which in the enmity of the world doth secure all the rest and that is that the Subject himself unless he forfeits his liberty be master of his proper Arms and imployed in the setled Militia of the Nation For it is