This is a matter requiring great and vast expence and how shall it be raised To the first I answer If the Magistrate hath power to make the Law then duty ought to subject all minds to unity in obedience To the second I answer That this is so far from dispriviledging that it is the highest yea the top stone of Liberty I dare not say it is not possible to abuse or misuse this power but if rightly used it is the extent of Priviledge for may a Magistrate make a Law to keep mad mens children to educate Ideots Lunaticks and the like and dispose their goods to the necessary use of their Family which all Laws of Nature and Nations allow Who art thou then Quaeriest if thou dost it thy self thou wilt grant that must be by allowed means and lawful wayes I say not That there cannot be just causes of Negation but I say Submit to just things in their Seasons it is your duty and deny unjust ones when time of trial comes that is your duty also This takes not away your Guardianship of Nature but makes your load lighter especially when and where it is greatest for the most poor and ignorant are most like to brable and wrangle such intendments for the charge I confess its great but the great Lett will be if you settle this aright the rich must pay for the education of the poor and the barren of them that have children For I can allow nothing of a Rate but by an equal pound Rate and that on all the estates of all persons and that not onely for Wars but for the poor for maintenance of Ministers yea for Bridges Causywayes Highwayes all publike Meeting-places and that both for Divine and Civil affairs if you settle it no higher then Counties at first it may do something but in a young or begun State it is requisite to cast all into a lump were Righteousness obvious in the disposers it would easily be assented to But now the fear is and Objections are if you do thus the Parliament men will look to distribution of parts most unequally and they that are best friended shall have the best proportion though they have least need As now in general Leavies The Towns and Counties are most free or burthened as they have active Parliament men Committee men and Justices of the Peace to stand by them Therefore first it is requisite that each man shew forth integrity in his actions cast away selfishness own in deeds what you profess be not deceived God cannot be mocked The Heathens at the preaching of Jesus yea the Wise men they that used curious Arts brought their Books of great price and burnt them come and do likewise with your advantageous interests of all sorts you are all a Nation without scruple though no National Church But you object further This Nation hath lost its Politike Rule it is overspread with multitudes of men nay multitudes of poor so that to take care for the educating of all these is you say wholly unfeazable To this I say That no Nation if not plagued with War or Diseases but naturally it will grow over-numerous Now the Magistrate Supream ought truly to know the contents of his Territory and be as able to lay out the possible subsistance of his Subjects as the wise Grasier to know how many beasts will be depastured in such a ground or how much seed will sow one Acre These are the Mysteries of wise Regiments which few Princes or Magistrates now adayes if at any time will study but it is their duty for from not well considering these things Nations which might in ordinary course live quiet being grown over populous whereby the due care of inferior Magistrates is obstructed they grow loose and lazy then swarve into crimes Then complain of neglects of duty of Magistrates which is evident then interest gains head these make parties and then the Sate is either embroiled or altered Therefore if the Princes will in the use of the wisdom God hath given them to Rule by Rule well and safely they must once every seven years number their people if the Accidents I must so call them of Plague War Famine c. hath not done it and either by opening a fit way publikely known of easing their Counties burthen by setling them in an other County or if all Counties be full by transporting them into an other Country avoid this danger This Act of Numeration well used will take off the jealousie to what end such matters tend and the well and carefully providing for the Colonies will encourage Adventurers This will enlarge a Nation infinitely and if well carried on will by just means so settle Christian interest that great if not universal will be the propagation of the Gospel Now we send away Rogues then you may send away Preachers Teachers Scholars Masters of Prudence in respect of Christian and Civil knowledge This fitted you see visibly your charge cannot be so insupportable you look at the Commonwealths corruptions as now wholly sick wholly defiled this frights you but let your speculations mount higher it is not Vtopianisme it is Christian wise order all you that look for Christs Raign upon earth labor after it I bid you not sit down by this this is rational yours is divine this may be it hath been yours may and is to be prayed and attended for patiently and if it heightens you in the active part of more exemplary conversation who will oppose it let him first live above you and then teach you not upbraid your opinion But surely all the Taxes Charges Levies Payments ought all to be set assessed and paid according to one set Rate so that each poor honest Countrey man may immediately resolve his payment and in case of Refusal the Officer may know how to leavy it namely by distress and all to have one time and till that time be past the Magistrate ought not to issue out his Warrant and then upon a Warrant the Magistrate superior to be sued not the Officer for levying it for no reason he should be questioned or molested much less undone as now for executing the commands of his Superior for it is agreed the inferiour Officer in legal Administration ought and so may act not question otherwise each Officer might delay and therefore it is justly constituted if he denyes and takes upon himself the knowledge of the Law if he mistakes he is highly finable and his Fine and all other Fines and the Fees and Salaries belonging to all publick Officers ought to be so Assessed and leavied c. And where no distress is apparent that is no goods in the house be they whose they will or denyal and they either delay or by denyal imprisonment till payment if able to pay I must in this case also remember That it is fit that no person as no place be infranchised from payments for if one may be all may be except onely as necessity enforces and then
person or running the Gantlop and this by the judgement upon vote of the Officers of Troop Company or Regiment if the Regiment be there Seek not many but fit souldiers but look none keep Arms but those charged or allowed by the Militia or Justices as now one is fit if not of necessity I have now but one word to the Commissioners and Officers and in them to all Officers of Trust Judges and others be strict in your duties to your Supreams and require nothing but just things and obedience will flow of it self it is the Military power that in all alterations of State gives forth the Rule of Government from their order is the Nation setled Reduce therefore your Discipline to a just and setled Rule and then each one labor to beget this opinion in your Souldiery which is truly a Christian as well as prudent humane Maxime That the riches and safety of the Master is in the emulation of servants but as that so this must have a just emulation and by that the Army and so the Commonwealth will be established and preserved but this emulation is fit to be a little better known It consists principally in the glory of doing good but that doing good is materially in avoiding or hindring of evil I mean they that will faithfully serve the Commonwealth must not only keep the Laws themselves out of conscience of their own duty but also see to and as much as in them lies that is as lawfully they may in their places enforce the performance of them by others the want of which hath so disordered Civil Government that he that requires or advises but the obedience to the Law or a just and consciencious regard thereto is thought nay called a busy-headed fellow a Roundhead a pragmatick self-conceited shallow-brain'd fellow Turks and Heathens will rise up against us Gent. you it is that must redeem Authority buried in the ashes of politick mercy which hath destroyed Kings will ruine this Commonwealth ere it hath the honour of a settlement unless the prudence of power set it on his legs again with the blessing of the Spirit of the eternal wisdome without which all mans labor is in vain But I proceed with my intended settlement Whether Indictments or Appeals are to be pursued in cause of crime or both HAving done with the due regulation of Arms which under God are the great staies and support of men to assure their peace quiet repose enjoyment of what God by their friends or labors hath vouchsafed them for I must agree that the foundation of humane happinesse subsists in the providence of the Almighty however he useth us as instruments that is gives success to our endeavors thereto We come now to look at the civil settlement in the remainder and first because the criminal part of law is of most and greatest concernment as looking at the life of man I shall therefore look first at that now in this the difficulties causing difference are these in an appeal there must and ought to be witness besides him that appeals for he is the accuser and that either in his own right or as next of kin but all for private benefit Secondly there the dammages are to the party and it is a personal thing proper to the complainer and he may desist when he will and compound as he will The Indictment is at the suit of the supream Magistrate solely for the benefit of the Commonwealth and the State hath all the goods and all dammages and the prosecutor or complainer is here a witness for the State but at his own charge which is as now used unjust The Interest therefore of the Magistrate the Subject ought here to be compromised rationally for assuredly if life goes for life dammages are cut off as unfit or of unequal value to be rendred for the life of a man therefore the heir or wife or friend who should bring an appeal as I conceive ought to have no forfeiture some recompence may be where the life is lost as in all cases of Murders and voluntary considerate killings and in all appointed duels not in heat of blood especially if for ought the Law gives a remedy for great abuses dispunishable by Law it seems not reasonable but of this more after Now for to clear this indeed it is requisite that there be as is justly supposed in Law an Attorney for the State whether called Clerk of the Crown Clerk of the Peace or what other name you will give him setled in every County who upon a set day each week by vertue of his place should receive all complaints and that upon oath himself being duly sworn and then by and with the consent and advice of one or more Justices should frame an appeal generally thus I do challenge you A. for the peace of the Commonwealth to answer to B. for the death wounding c. of C. whereof you are accused and let B. and another witness make two witnesses and upon the finding of him guilty let him be fined moderately that is so that at least a fourth part of his estate be left him The like Law also in case of Maym wounding c. whereof two parts to the party wounded c. a third part to the State to bear all charges for it is not fit to add charge loss of time to him that is before oppressed in case of life let life answer life unless by misadventure yet then he must be fined but not to the party but to the State and that but to a third part of his estate reall or personal to bear charges and where the life is lost the charges must also be apportioned in like manner For the leavying this the way is before set but for discovery of estate there is the difficulty but in Lands admit no trusts for deceit nor uses to cheat and the estate in the Land will be visible and take the goods in possession at the time of death and all is satisfied that can be expected Only let a set time be for Creditors to come and be satisfied also that the Common-wealth be satisfied and the members not ruined undone and impoverished Thus shall both interests be satisfied and the multitudes of legal quarrels by indictments c. will be quitted which have freed many rich Murderers Poysoners c. and of other offendors multitudes when there have been poor prosecutors That this must be done in the County where the fact is committed is owned Let the transferring him from one County to another when taken out of that County be setled in an easie and speedy way and that a Judge be there ready to determine such cases weekly if not daily however to examine witnesses immediately upon Oath which all Justices must have power to give as they see cause therefore make wise and honest Justices better then yet are and let this be taken as evidence as far as is credible and let not witnesses stay
equally just yet let the Commonwealth have its due freedom let the Fines be made certain one years clear value which cannot be above two parts in three Next No forfeitures next to pass by free deed lastly all as Free-hold at Common Law except onely the Rent for it is better enlarge the Rent and have no Fine Lastly let no Rent be distrainable for upon the land after eighteen moneths due and for the apportionment of Rent let it be recorded between Buyer and Seller and if parties concerned cannot let two Justices of the Peace upon hearing both parties determine it and let it be recorded in the Parish or Town-book to cease all Controversies after To clear this Let a Commission issue to some persons to return a Survey of all Mannors when granted what Customs what Tenants what Rents Free or Coppy the quantity and nature of lands particularly the value yearly that so a foundation of settlement may be laid but because of the great advantage hath been said to accrue to the Commonwealth by Coppyhold-lands above free and Charter-hold in respect they were not subject to cheats frauds c as Free-hold lands let us a little consider how lands are to be passed Whether Inrollments ought to be in each County and how and the way to avoid deceit in Conveyances c. and of Frauds and the best way of punishing them HEretofore Deceits were not so frequent men yea even the highest preferred honor above inheritance Now as the love of riches the god of the world prevailed so private interest grew and from thence looseness of Law and the jealousie between our Kings and people made Laws come forth difficulty and when ever they came the interest of one side was visible or the Law so choaked with ambiguities or incertainties or so short in the main that it did but add to Contention besides the difficulty of obtaining them without an active leading Parliament man were the Author or eager promoter which in those dayes few would or did undertake out of pure zeal so that men set down willingly by the evil and lookt to prevent it as well as they could and take their chance as they called it amongst others rather then stir for new Laws of any sort This made of late years the legal robberies of cheating and truly fraudulent conveyances encrease as well as Letters yet not within the adjudged remedy of Statute frequent for it is as easie to avoid the Statute as to quench ordinary fire with scalding hot water one good Law against all frauds is better then a hundred of the best against fraudulent conveyances the reason is so gross and visible that it neds no president there are yet too many But while all possible means of the exact purity of Justice are to be indeavored by all Magistrates especially Christian It is just and requisite that they take the hint of the good hath flown from the manner of passing of Coppyhold Estates which truly proves that an Office of Inrollment at least in the Head-Town of every County is of necessity with such due regulations as is fit and in the same Office a passing of the wives consent by sealing the Deed of Sale or releasing it provided the Act be done before two Justices of the Peace be as good as a Fine the Dedimus upon the Fine is to meaner persons less fit to be trusted then some Justices may be however not under the conscience of an Oath which all they be the charge of a Fine is not so much though to some it is more then they are worth and ought to hold some rule of proportion as the trouble care delay c. Let there be therefore alwayes some authorized to take these There is another legal I dare not call it deceit the Custom hath established it as a Fine to bar the issue intayle or a recovery or both with single and double voucher but what is this but Custom against the Statute Law by the assent of the Statute I know the Evasion is but a meer Evasion it is better to mould the Law anew for the Law is both wayes unjust for the Statute Dedonis is in it self a perpetuity and would settle lands impassible in a short time and then all men must flie to the Supream Power for remedy let them therefore settle how lands shall be De jure as for example The eldest son to have all two parts of three or three of four or a double portion or at the will of the father provided he gives it no otherwise but to him and his heires and indeed all other estates are but to be a little over-wise but in this I shall not undertake to prescribe ought I shall onely add let the Law be All frauds to be punished by Presentment which found legally dammages to be to the party according to the value proved and then a fine to the State according to the Law and the nature of the offence Now this according to Law brings us to discussion of Juries Whether it be best to have Trials by Juries and in that of the Course of all Trials Civil ALL agree that right is to be done but many nay most differ about the way and certainly there are divers wayes and all good but there are better wayes and the best but the diversity of Opinions is great in these for some call that best which others call but good so various is Judgement much more Opinion for many which have found the good of one just wise discerning Magistrate will think him better then a Jury of Twelve and they that have found corruption in one Magistrate and Justice from Twelve men abhor what they call Prerogative Sentence it must be assented to that while in the flesh the best men are subject to fails and mistakes and therefore to drain Justice hath been thought the best this with popular jealousie in the just fears of dependencies of Judges rivited England to the maintenance of Juries who will not easily forgo it and though there is at present so much miscarriage that I think there is far more evil then good by them to the Nation I would not their temporary ejection but their due strict and setled Regulation But first every Case is not worth such trouble but Justice must be done in every Case and unless you will pay Juries for their pains they cannot travel therefore to avoid this you must make Judges in every Town and though the letter of the Magna Charta is general yet do but the Justice of Magna Charta and the Subject will not complain Justice never wrought dispriviledge and is above Magna Charta But before we proceed with Jurors let 's see how Cases ought to come to the decision of Juries then what Juries c. Now it is just that before any suit be the party wronged should first privately seek peace then call the party before a Magistrate to know what the difference is and see if it yet may
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
Market is over before they arrive or near it They also put exceeding charges upon admissions c. and no accompt but to themselves which in the consequences may be destructive not only to the private person but body politique in amassing Treasure The lesser Corporations were for marking measuring sealing sluffs linnen and woollen with a Crown Seal forsooth and these were his Majesties gratuities to the Lord of c. Marquess c. Q. Mother Lady Nurse Groom of the stool that is the Close stool whether King or Queen high and advantageous honours and this discended to outlandish as in Land commodities yea to pins and brooms and it was said to Rags for paper and Marrow-bones for Kitchin-stuff or grease Next he found one so base as being a Lawyer to take a pattent to have the first motion in the strictest sence or to be heard in all cases before any other which the Judges wisely quashed in the shell hearing him and shewing obedience to power and fulfilled this Patent therein and then declaring by an intimation of a rigid dislike that the Authority pretended could not that is with safety grant it for the Lawyers would be stirred who had the key of Knowledge and they once disaffected might be like a spark in powder All these had their success because they by degrees falling upon persons or trades only they even upon advice desisted generally from more then expostulation some few brought Actions and were killed with delayes and frowns Then the King intends a Master-piece which was at once to quash all controversies by a sleight and sudden judgment having a colour of Law but no substance and this was by an universal charge upon the whole body of Subjects so called Ship-Money which had for foundation thus much The Kingdom was an Isle the defence Shipping the Navy was decayed the King must replenish so he rigs his Ships and sends them forth to take the ayre as the idle ones said but indeed to inure bodies to the Sea settle them under pay and discipline and so engage dependance they return and whereas heretofore the Maritine Counties sent forth Ships and the Land towns paid now the King would provide all Ships and they all should pay now this was clearly done only to inhance the so called Crown Revenue for the Subject saw no Enemy and so no necessity the original cause of that Tax a general peace was held to the out side with all Nations after theslaughter of the gallant English at the Isle of Ree and the dismanteling of Rochel But the upshot was the King must be judge nay sole Judge of this necessity and this is quaeried by the King to his Judges which to prove the assertion before they were all King trodden that is had engaged all their abilities to his meer will two onely of twelve in this so important a business as indeed the whole life of the Subjects Liberty was involved in it as to his estate at first and for denyal of that to his restraint durst assert the truth which two only I shall own as men noble and honest Crook and Hutton and though both or one were by the plurality of Votes ingaged to the first Quaere Whether the King were sole Judge yet upon the Tryal brought by that true Patriot Hambden they righted themselves and the Nation to the utmost and honest Crook spake true plain English reason and good Law while mercinaries blundred upon the work and had they taken Barcley's Argenis and read the discourse betwixt Polyarchus and Hyanisbe touching such taxes they had saved their credits as only declaring the judgement of an Alien to English Liberty and reserved themselves But now 'twixt Truth and Loyalty so called they were confounded and gave no satisfaction no not to the well-affected to absolute powers and by this notwithstanding all power the Subject was enboldned to deny and at last after some two or three yeer the King was enforced to desist and surely his cogitations were for Armies how providence prevented there being so many discourses of it I shall omit only with this hint That these fore-runners manifestly declare that the Arms in Ireland raised by his Commission and continued in England against the same power of Parliament Assertors of the same Common Liberty by the Nation owned and petitioned for were undoubtedly the effects of the same cause namely the subversion of Englands Law and Government the peoples Liberties and all Rights making the King by his meer free will the absolute Arbiter of all actions civil and criminal Thus in brief I have set down some of the visible preparatives to Englands Climaterical Revolution which it now labours under In the discussion of the State of affairs civil and so called Ecclesiastick before but especially in the time of the late King and all shews that plainly there was left no more then an outside Christianity or formal Religion the temper of the clay of the world the pravity of Reason in the depraved principles of policy the iron of reason in the variety of species of Government and the gold of Christian simplicity the gold owned in the Scriptures by Authority allowed the iron in the rational formal profession of the same and the consequences thereof the Clay in the false and unconsequential glosses to make mans rule and absolute Government the higest and last refuge of every man and that for a particular persons end though in publke trust for that trust was said not so much to be for the peoples benefit as his own These things premised I might omit the passages since as being fresh in every mans memory but at the desire of some I shall go on in the way of a cursory Historical Narration repinings and grudgings by and from the actions of the King and his Ministers growing high so that it was not thought fit to proceed without some force ready for fear of insurrections which were indeed desired and therefore the people were afflicted that they might rebell and bring themselves into slavery The King having received the platform of alteration of his State from Thomas Earle of Strafford he is made his Agent to keep on foot a strong Army in Ireland who to speak truth were a company of men fit for as high an attempt as they were intended for but being Jesuited in great if not the greatest part they might have double designs that is rather to embroile all the Kingdomes and fit them for the tooth of the Spaniard their universal Patron then for the Kings absolute settlement in England whom they truly knew not to affect the Popes interest further then it stood with his own which is truly the Maxime of all Princes however they carry it Upon the confidence of this Army he is fooled into a quarrel with the Scots and was undoubtedly made beleeve that to let the Spaniard land 10000. in England was the only way to set all right and Wentworth a man of depth of policy and courage might
pleading to the Jurisdiction Next by denying himself to be the party with multitudes more how evident soever Which Laws in the letter being taken advantage of as one for example one first called said nothing then shewed his name was not John but John-as Jenkins therefore not the party indicted That amended the Clerk goes on John-as Jenkins of c. he answers not after much debate there is two Towns one Hoph Pet. the other Jo. and the Indictment is general he knows not which that agreed on then his addition is mistaken as he is Baronet indicted Knight or Knight and Baronet but all agreed on he is then to plead and to this he pleads First strange dilatory pleas as that the fact was done in another County c. These breeding great trouble and great delay were both in Civil and Criminal cases in great part rectified but so jealous was the Parliament ever of the thing called Priviledge that all was never done though it may be the greater evils were removed so that there are causes enough still to dally in Law to general disadvantage of honest and publike good and no liberty but of general capital offenders Now the reason of this was evident because the Subjects Liberty was by Princes sought to be totally enslaved the best and wisest were most active in opposition and to save these good men we ensnarled the Law and till now had never opportunity of rectification if yet we have this seen by the Crown side they engage three wayes by Judges absolutely depending A Jury of Conformists and the general Plea not guilty And thus Prerogative and Priviledge fought And surely the Law holds forth matter so clear in the Year-Books on the one side by Presidents Rights of Supremacy dispatch of business c. On the other side by Presidents reason of Priviledge for safety of Life that the controversie seems endless and yet Justice is plain let him plead not guilty but withall give what other matter he can in evidence which the Court ought to accept and upon the whole matter to give judgement hearing himself and Councel which surely if in any other Cause Matter or Plaint a Subject ought to have then much more in case of life especially if the Law favors it and more especially where the Judges are the meer Dependants of the Prince or State which jealousie cannot be satisfied without if withall other things can be supposed any way requirable and therefore it hath been accounted for Law that the Jury were not barely Judges of the fact but were surely intended as a barr to Prerogative in some sort or dependance thereon for they may be without all doubt so far Judges as to finde the matter specially will the Judge or nill he and if themselves will venture an attaint may be Judges of the Law indeed against the plainest evidences So that it is evident these questions are easie to be controverted and hard to be determined yet not in themselves but only because of the divers interests in this as in most matters in our Law wherein the Crown had any hook according to the prevailing of their party having laid foundations for their own benefits and advancing their particular designs which is the first rise of the controversie about the Militia which never was in England in the Kings hand otherwayes then that of Tenures the posse Comitatus being alwayes the proper defence of the County and not subjugated to the Kings will or Royal Commission Now the reason was War and Peace was nominally in the King really in the Subject because of Moneys which could not be charged without consent in Parliament some upon this ground a Quaere of main concernment Namely what are the Laws of England or where to be found Some as I have said answer the Law of God others say excellent reason some the Law of Nations peculiarized by use others say with the Lawyers That the Law of England is founded upon the Law of God the Law of Reason principles called Maximes Customes not contrary to reason received time out of mind and proper quarto modo to the people of the Nation Statutes and the resolutions of the Judges To this it is objected that these generals teach or edifie not what the Law of England is For the Quaere is If the word of God whether all or part if so the infallible or at least certain Rule pleadable to know which part they require the like certainty in reason and the Exposition of Principles and Customes for they say all these must solely depend upon the Iudges and then the Law in their opinion is wholly Arbitrary for if their only word makes it reason and their only word determines the end and meaning of the principle and so whether custome be good or not then it is meerly at the will of them and this they say experience manifested in the great Cause of Ship-Money wherein had not the Sword been the better Arbiter of their priviledge the sentence had been irrevocable to enslave them all to the King Therefore they say there must be common reason or some head-Rule which must judge most excellent reason not that they intend vulgar decision but a judgement must be tryed by its conducing to publike good The Rule is Good the more general and common so much the more precious and from this they conclude all these heads of the Law of Nature or Reason Principles or Maxims and Customes to be all the same with the dicta sap or resolutions of the Judges and then whose creatures they are and from whom they have their honour pay c. to them they will be bound which they cast not by way of odium upon them but common to them with all men to enforce and improve all their abilities by the first principle of nature to the preserving self and this they do and better self in advancing the Title and Interest of them upon whom they depend But they say this is as fatal a hawk to liberty to have such an absolute dependance upon a State as upon a Prince tending to the same end of enslaving the people Yea reducing a State from a Democracie to a Tyranny as well as from Royalty to Tyranny for they say they have heard from Lawyers and it is a general complaint That the Laws of England are they know not what at least a wise or so called Politick Judge may make them so and that this is easiliest done in matters of highest concernment Take them to be the Law of God no such matter where is ought according to that rule They exemplifie in Henry the Eights Law for marriages made meerly for private interests and now for the same neglected for Gods Name is scandalized prophaned blasphemed and not regarded horrible adulteries and some say incests unpunished Yea all the rabble of Popish Episcopal and now so called Presbyterial Professors that is the baptized Christian are guilty of walking clean contrary to their profession
appointed to ore-see Bridges Rivers Causeyways and all that is now within the extraordinary Jurisdiction of the Admiralty and Commission of Sewers 2 This so be setled that errors in Neighbouring Counties may be quietly remedied 3 The Error of purchasing Commissions Chap. 61. p. 175. shewing 1 The necessity of good witness in case of controversie 2 Legal objections difficult 3 Wicked men may be heard not sworn and the reason 4 One such evidence alone not sufficient 5 Objection of Alliance how to be accepted Chap. 62. p. 176. shewing 1 The necessitie of promulging Laws 2 The best way thereto 3 Punishment till then unfit to the common Subject Chap. 63. p. 176. shewing 1 How vain light apparel works upon nature 2 The Advantages publick from this no way equal to the dammage and is unlawful 3 The Magistrates duty to repress the excess of Apparel Chap. 64. p. 176. shewing 1 That Titular Honours as now flowing from a King give a tendency to the establishment of that Government 2 Good to decline them and that by exalting proper vertue Chap. 65. p. 177. shewing 1 No offence but under some general head of Law but the want is no set punishment where circumstances aggravate the offence exceedingly 2 Fit the Judge to punish according to the head rule or consult his Neighbours or secure till resolved legally in circuit 3 No Judge to be punished meerly for defect in form Chap 66. p. 178. shewing 1 The necessity of providing fit remedies for the ordinary causes of Duels 2 Words and light acts when grown obnoxious must have punishments suitable 3 Speedy remedy in this case of necessity 4 Incertain Tryals as by fire and water how best to be setled 5 If the suspected walk still inordinately how to be dealt with Chap. 67. p. 178 179 180 181 182 183 184. shewing 1 Questions 'twixt Magistrate and Church must be wisely discussed and here only hinted to open clearly the controversie so to pacifie 2 Wherein the controversie as now stated principally rests 3 This so far troubles the outward peace that the Magistrate must umpire 4 Certain questions urged by the Congregational way 180 181 5 Some private Quaeries concerning the Ministery and its maintenance 6 Age of Pastors and Baptizing Infants only hinted 7 Wherein Christian liberty principally consists 8 This opening the matter how it settles peace 9 The right of Tythes and how 182 10 What Religion the Magistrate must settle 11 Wherein the Churches power principally consists 12 Whither there may be two Supreams 13 How the controversie rises 14 How they of the Congregationall way settle it 183 15 An objection answered arising from the supposall of the necessity of uniformity 16 How far outward or sword Power reaches 17 What are impropriations and appropiations 18 Some things making Reformation difficult 19 That Prescription is but a particular mans custom 20 It ought to be adjudged lawfull and recorded before allowed Chap. 67. p. 185 186. Shewing 1 The Imperiall or Romane Civil Law to be the foundation of our Justice 185 2 How the multitude of their cases came to be digested 3 Why that Law was with us rejected or not used 4 Why those Lawyers were neglected 5 The evils of having two divers Laws to Judge by in one Nation 6 When a Church or State are in evident Error or Apostacie 185 186 7 A well constituted Nation must have a known settled Law proper 8 As little form as may be 9 The habits of honor kept distinct I say not sacred Chap. 68. pag. 186. Shewing 1 That to put Offices to sale in any kind is the inlet to all injustice 2 That wise and honest men have approved is no argument now 3 That there is a sufficient Revenue to carry on the work of Reformation with satisfaction to the Office and advantage to Magistrate and people 4 A consideration of the succession graduall of Officers 5 The way to have good Officers considered Chap. 69. pag. 187. Shewing 1 Breeding able Mariners of necessity to this Nation 2 How to breed them or how they be best bred 3 How to encourage and settle them 4 A consideration of the season called Lent 5 What the Magistrate may do in it 6 Objections against it Religious and Physical 7 Two wayes offered to salve all the first Religious the other Politique and not unjust for its general 8 The benefit considered and some laws fits to be established universally Chap 70. pag. 188. Shewing 1 Customes received engage to secure the seas 2 The Magistrate not bound to secure all but to imploy a sufficient guard 3 Yet the losses by Piracy are to be in some sort defrayed out of the advantage of prizes 4 Cases wherein there ought to be no satisfaction admitted Chap. 71. pag. 188 189. Shewing 1 That all officers that receive the revenues of the Commonwealth ought account 188 2 That its fit this be done in the particular Counties and the reasons 188 3 Judges must be thereto appointed and have power c. 4 All Fees settled and Offices during well abearing Chap. 72. pag. 189 190. Shewing 1 That the Magistrate hath all power to preserve the Peace 189 2 As King he hath no power in Church assemblies 3 Prudentially yet what ever done by him not simply unlawfull is lawfull 4 Reasons why no publick Church Conventions should or way be without particular allowance of the Magistrate 5 If upon disturbance of the peace the Magistrate settle a Law the Churches are bound to obey 6 The Right of calling Councels for setling matters of Religion so called cleared 190 7 The reason of the Authors undertakeing 190 191 192. 8 The Authors Prayer for a Spirit of turning to the Lord c. 192 193 c. FINIS ERRATA PAg. 102. l. 10. r. cautious l. 18. r. govern all l. 19. r. of force l. 22. r. as p. 112. ca. 11. l. 24. r. fancles p. 113. l. 27. r. transcendency p. 115. l. 10. dele this was derogative l. 36. r. groundage p. 118. l. 6. r. swerve p. 119. l. 47. r. now p. 120. l. x. r. at his l. 27. r. conquassations p. 123. l. 9. r. handed p. 225. l. 36. r. run p. 141. l. 45. r. simular p. 142. l. 24. r. objectors p. 146. l. 40. r. under p. 149. l. 10. r. that p. 151. l. 31. r. do we not rather p. 154. l. 40. r. into p. 158. l. 7. r. practice constant l. ult r. none p. 162. l. 13. r. without delay l. 17. r. twenty pound p. 163. l. 44. r. the fourth p. 165. l. 7. dele equally p. 165. l. 26. r. adjudged p. 173. l. 28. r. verdict p. 177. l. ult r. person p. 178. l. last but 4. r. discuss p. 186. l. 26. r. eighteen thousand l. 28. after Lord Au. r. c. p. 187. l. 15. for I r. It p. 192. l. 27. r. act vigorously AN ESSAY OF Christian Government The first Quaere what is Monarchy and its Divisions FIrst Monarchy in General or
by Execution to this end it is fit as most think to give a general Oath of faithfulness in their trusts although they agree it true that the generalty of men are just for Righteousness sake oath or no oath they are the same And so on the contrary but in a Commonweal in the State that England is now in it is fit to make Laws of this nature probationers for a time in each County and by due returns of what is done which is so required but neglected for that in all things its noted only from all Acts and Ordinances and Instructions earnestly required for a day or two and then rejected which is a great oversight in them supreamly concerned for it is visible all men are by this beaten out of the road of setled obedience and spin out time to attend the issue and that falling out as of old they will never be forward to service after so for service in Arms the forward appear the other slack so in Assesments upon the true value the forward pay to the utmost peny the other half no punishment but talking no deal gently thus is all sense of obedience to Powers and Authorities destroyed by the Powers themselves and their self-ended Agents seeking to make parties for one such time and person-server shall in this corrupt Age have more followers then 20. honest men But I return to my task If the supream Power have due returns let them see and judge out of the severall experiments made what is fittest to be the general head Rule and way of the charge of Arms It s visible in our condition at present the generality of the Nation are unfit to be entrusted but for accidental evils there can no particular remedie be well prescribed the general Rule wisely executed must be the top stone under God of the safety Magazines in the several Hundreds for the publick Arms of the Hundred or the chief Town adjoyning or such head Town or Town of defence in a County to be the Magazine of the County these have all their objections yea in a setled state all or any may be useful and in a distracted one may prove destructive now the difficulty is but to find out the best as we must say for the present temper of the Nation for its certainly true to settle unity love and peace and root out the jealousies and acerbities which are risen in a Nation its fit to have all the same general Law the Supream Magistrate ought so to administer Law that it be the same to all his Subjects To follow the crochets of Machivilian Politicians by transplanting souldiers is to nourish absolute dependences such as free Common-wealths explode only raise to an eminency of power to do good or evil at lust which is tyrannical no a necessary dependance is all here hinted which though some may extend farther then others yet while its rule is not absolute nor its constant practice there is no just ground for exception by this its plain the Laws must be equal that is respecting time place person estate c. and so universal now for the leading and conducting of these whether to place the whole under a general Command absolute and setled of a known Military Officer or of a Civil Officer as now the Sheriff and the other to be setled by the Supream power as need is is worthy enquiry yet easie to be determined for if it be looked into both will be seen necessary for the setled Law of England alwaies allowed the power of the County to suppress Riots c. and against obstinate offenders and oppugners of the Publick peace therefore the chief Judges in the County must have an Officer duly constituted who shall see to the execution of the Laws next to give the ancient Colonel or the Col. of Horse in each County the chief trust in order reserving special power of making an extraordinary Officer in chief is while Commissioners for the Militia are a Court resident the most evidently safe way Now we are come to consider a necessary engagement and that is the pay of Officers and Souldiers of the Trained Souldiers of the Nation To this it s easily answered if in actual service pay is necessary the doubt is only in time of peace now not to distinguish of peace as setled peace and disturbed peace intervalls of peace and war or outbreakings or fears I say in the most setled times its fit the Officer have some setled pay be it more or less as the Supream power thinks fit I shall not enlarge concerning that what the age of Souldiers is is not so needful ours is the best way that requires an able man of body and of this the Commissioners are absolute Judges It s not much requisite with us what rank a Horsman be of especially if the State be mixt Monarchy so called or Republical for honours engage not to a dependance that is should not but as the Law requires For offences done in the field and as Souldiers let them be tryed by the Commissioners for the Militia without any form of complaint legal or in writing that is so necessitated and let the Marshal see the Judgement executed For all things which now the Heralds exercise in Office and which the Lord Marshal did take cognizance of they ought properly to come to the Commissioners thereto appointed in the County and that for the Militia is the fittest for Honours arose from Arms and with them let the Records of Honors remain The Lists of them enrolled Souldiers Those authorirized to make and fell Arms Powder and Ammunition of all sorts Let them also have the sole power of watching and warding but by a like head-rule of a proportionate charge and let them have a set way by a joint consent at Sessions or as is by the Supream Magistrate appointed to raise monies to pay in case of necessity such as are imployed by them for the necessary peace of the County Let them appoint Superadvisors of Taverns Inns Alehouses c. and let them have their Licenses from them if allowed by the Justices at Sessions and you may make a Reservation of a Rent to the State to defray charges but to admit that entrance to increasing gain is a visible in let to all villany in enervating the good Law under colour of publick benefit which is most carefully to be avoided as the shelter to private knaveries Lastly the rule of punishments that is the general Law of punishing mutinous refractory and disobedient Souldiers and that both in actuall service and also in ordinary musters and trayning or better to express it appearing in Arms is to be considered and some other way thought of especially for trained Souldiers who are not in constant pay then cashiering or taking away of Arms for the despising of Arms is yet in mind and the honour of the trust of Arms is unknown it must be corporal punishment as whipping with cashiering some incorrigible rude unworthy
by loss of their beasts the ground spoiled and not half improved And lastly no due extant visible rule set which ought to be in all Counties anew and Rules for dreyning and improvement beyond what the Commission of Sewers can reach To avoid this it is necessary as in other matters to empower some Gent. to consider the Commons give them only their charges necessary at a set rate let them have power if you can pitch upon trusty persons to settle Commons if you will continue them otherwise to part them proportionably and improve them by severalties leaving a set part to the poor only to be improved for them according to order of the Commissioners by the overseers for the poor and the order recorded in the County-Book for that purpose and also in the Town or Towns if there be entercommuning this is the best way of the two as by experience meeting with more evils and remedying them then the other way is capable of in a present settlement and is assuredly far more durable Let free Warrens and Fold-courses be considered but not at the height and setled where they please in severalty this if wisely and prudently ordered will afford not only a great and most considerable improvement but will afford a mean of setling the Nation and may now be done without danger of Insurrections or Tumults And let but the setling of Tenures be carried on rationally plainly and prudently with it and the Generalty of the Nation will assuredly see the clear benefit of change of Government Provided they may have Justice that they may abide by that is know assuredly when to end as to begin and at what expence Who ought to have the oversight of Bridges Rivers c. NOw as all matters of right and wrong are under the cognizance of the Supream Magistrate who as he cannot by himself dispatch all businesses belonging to the Land but by many hands so much less all both at water and land and all the evils accruing and arising in from and by both Therefore it is fit to have a Magistrate specially deputed for cognizance of all such matters which now lay in the cognizance either of the Admiralty or Commission of Sewers or Iustices of the Peace respectively or for which any Commission is issuable upon any Statute with such rules as are necessary both for amending judging and determining matters yearly emerging and also such as are meerly accidentall and that in the respective Counties yet in such a way as the errors in the adjacent parts of Counties may be tryed without infringement of Liberties which is best by a mediety of Jurors impanelled yearly one year by the appointment of the Judges of one County the other year by those of the other County and so by course constant in those places we seeing the excessive charge and trouble of purchasing Commissions for let a Statute appoint five shillings only as in case of the Commission of Sewers you can have none under five pounds and ten or twenty pounds attendance to procure it Who are to be admitted witnesses in Judicial Tryalls IF Jurors be to have knowledge and estate and that in such manner as may answer the Trust then surely in some measure witnesses upon whose evidence the Jury is sworn to lay the foundation of their judgement so called Verdict ought to be men fit to be beleeved The Law principally looks first at infamy especially perjury but this being legal perjury the punishment was so penal and the Law so difficult that few were complained of fewer attainted Now this is sure moderate punishments severely executed curb more then severe punishments remisly or not at all The Law in the next place lookt at Excommunication for relations they are not valued in Law as to witnesses Assuredly he ought who is a legal witness to be of sufficient understanding next not convicted of notorious crime for justly what is the cause of rendring a man uncapable of the benefit of the Law or rejection of Church-Society ought to be admitted if proved a good plea against the witness yet let such a man speak but not upon oath for he that obeyes not man for Gods sake nor God for his own is not be allowed to call God to witness for in his acts he denyes him though with his mouth he owns him If it be askt Why heard Then I answer he may speak truth but is unworthy that sacred Testimony Therefore the Magistrate must from his words and probabilities and circumstances and so the Jury gather the truth of the matter but where the man is capable of oath let him be sworn whether 'twixt the State and Subject or Subject and Subject for right is the same There is also necessity to hear the wickedest mans Testimony though not swear him because we cannot alwayes chuse witnesses therefore estate is not requisite nor can be stood upon in witnesses as in Jury-men who are to be chosen For point of favor I find in this Age it is of great importance for such relations in Nature are generally preferred to though unworthily relations either of Countrey or City earth or heaven few men leave all for Christ Truth or Justice sake Therefore I would admit the notice of alliance but not the objection and hardly carry it upon such a single Testimony When Laws have their beginning and how to be promulged ASsuredly there ought to be a day certain before which in the several Cities Towns Hundreds c. respectively there ought to be an Assembly of the people those at least who are or may be or immediately are concerned in that Law and there by some one or more of the Justices of the limit or some other thereto appointed the whole nature of the Law and the reason of it ought to be opened and the people exhorted to obedience themselves and also to see that their Neighbours do the like which is of necessity But the inability of Iustices and difficulty of Laws have rendred the people wholly doubtful and stupid or petulant and stubborn And before such promulgation no punishment but of the Iustice for not promulgating or Certificate of the default of the representative for not transmitting the Law the same to be setled and published accordingly The lew knew all Moses Law the Christians Lords know not their Law they are all enshrined in the breast of the Iudge but enough of that The Magistrates duty to repress excess in Apparel THe mind of man is apt to take impressions of sundry Natures and education may assuredly rectifie Nature much of this rests in Apparel for vain light Apparel makes the spirit lofty not solid and changes of habit adapt to mutability of fancy a light flashing wit in stead of a composed judgement Proud humerous self-conceited and stubborn in stead of a reserved prudent debating or submission If the interest of setting many poor on work and supposition of enabling to pay Taxes can over-ballance the interest of the just and
the present Age must eye wisely and justly that is resolving that the Lord Christ hath a Supremacy which he must be alwayes ready to acknowledge and also to give unto him Now in ths contest for the constituting of Churches otherwise then as it gives just cause of disturbance to the peace of the Commonwealth I see not that the Magistrate hach ought to do It is yet a matter of scruple to many good Christians what Church there is in England for that the Church is constituted National I believe most pretenders to Morality are ashamed of it plainly seeing that it is not the Baptism of Water that makes a Christian but that of the Spirit and the same delusion works upon men to rest upon Signs and Forms under the Gospel as under the Law Yet the outward Church-fellowship that is the first so called sign of a true Church being with them that is the Sacraments and that profitable Sacrament of a Priest to administer them makes all within the Church though there be no Officers or them but meer Lay-men so called Church Wardens and Over-seers and of these inconsistences and incongruities are our Parishes framed Let me therefore to clear things to the world a little open the Quaere of the Congregational way of all sorts and their Opponents 1. First Whether in so great an Apostacy as the very Form of a Church seems to be lost there ought not to be an agreement of Doctrine and Discipline according to the Primitive Rule and meerly according to that to lay the foundation of Church-fellowship 2. Secondly Whether in the admission to such fellowship in such an Apostacy and when yet the profession brings along with it no danger to life or goods there ought not to be a strict examination and from that some apparent signs of real holiness and true faith with some measure of knowledge 3. Thirdly Whether the Members ought not by an express agreement made between them and the Church to which they Associate assent to that Doctrine and Discipline and promise obedience to the same 4. Fourthly Whether these Members are to be admitted as they shall voluntarily and of their own will associate or as they inhabite which is called Parishes 5. Fifthly In whom the power of Admission and exclusion of Members rests or to speak it in the Prelatick phrase Whether the Superintendent Pastor Bishop Officers that is the Classis respectively or the Brethren that is the whole Company of Believers not excluding Pastor and Officers have the power of the Keyes that is may exercise all Ecclesiastick Jurisdiction save onely in the Sacraments 6. Sixthly Whether the limited Congregations and that either in respect of multitude or bounds be warranted by the word of God 7. Seventhly Whether they are to meet in one certain place 8. Eighthly What is the proper work of the ministery viz. whither conversion of unconverted ones which must suppose with us some baptized not converted or only the confirmation and edification of Church members 9. Ninthly Whether the Pastors c. of particular Churches may not only teach to confirming and edifying of sister-Churches but also perform all other Acts of Pastorall c. Office 10. Tenthly Whether prophesie ceases or be a perpetual institution so that they who bear no Church Office may exercise their gifts as brethren which they oft do to the shame of the present so called Ministery excelling them not only in life but Doctrine and also in the gifts of admonition instruction confutation reprehension perswasion and consolation of the hearers and that the body of the Church present Now to clear this It is controverted but not yet by the Congregation publikely 1. First Whether there be an infallible Ministry not as teaching by an infallible word and giving fallible expositions but such as in their at least publike administrations have an infallible Spirit to guide them The reason of this Quaere is of principall concernment for if such there be then assuredly their work is extraordinary and then a setled maintainance for extraordinary men will to most judicious men seem incongruous and if out of a setled place more dissonant from the universall ingagement which by the mission apostolicall is upon those endowed with such a Spirit If there be no such men and that that spirit visibly is not existent in such men among us Then the Quaere is by what Rule or upon what ground Apostolical Succession is claimed without Apostolical Spirits And then upon what ground they become Teachers of the people If it be said from humane Learning then the work is by some thought properly the subject if not soly of the Magistrates power and cognizance If it be said Divine purely then it is answered before and must be proved either by the express word or working of the Spirit or both if mixt that is grounded upon a Divine and infallible word but subject to a fallible construction Then we are in the round for none will acknowledge their own opinion faulty By this it will appear that the particular Christian is the keeper of the first Table for none of these are in the whole infallible Popes Councels Bishops Elders Classes Congregations all erring wandering pleading infallibility and demonstrating themselves fallible For the age and Qualifications of Pastors and Teachers I altogether omit it presuming if the greater be setled the lesser will also The Question concerning the Admission of Infants to baptisme I omit with the ancient Rites of Baptisme where the persons baptized stood up and received the Sacrament And only say that if no Rule were originally given for baptizing in Fonts instead of fountains no nor practised in the most flourishing times of the Church in all places Christian yet after commanded then assuredly if the Church hath that latitude in the form take it only so of a Sacrament There is not so much amiss in Romes Mass as is supposed and if the Church hath not that power there is more amiss even in the purest reformed Congregations then is yet discovered And if so then surely the Power of the Church must rest in dispensing duely the plain word for edification exhortation confutation reproof or exercising the discipline in rejecting the obstinate and disobedient And in doubtfuls and indifferents Christian Liberty must consist provided that Liberty be not destructive to the civil peace in word or deed or evidently tending thereto This now will allow both Magistrates and Congregation a respective bound whereby both Antichrist Lay and Clerick may not domineer to the disturbing of Conscience for if in in Pauls time one eat flesh another Herbs one meat sacrificed to idols others not some kept dayes others not Why this Ado especially with Christians in a Church way for in the Magistratick order surely he may however he will enforce not prophaning the day he appoints as aforesaid and though they onely of his opinion keep it regularly yet none of any opinion shall despise it and him irregularly and if