Dotings against Prerogatives Some baffling over-wise Mooters Canker'd with Schism to Crop the Crown and beat the Scepter into a Spade talk much of mixt Empire which in strictness of Law is oppositum in objecto meer Quibbling and Repugnant making two Supremes being equally opposite as simple and Compound Fellowing the Prince and Subject as Co-Rulers or Partners in Power which by the Laws of State are Contradictions most Absurd being altogether inconsistent in one Body Creating a Penetration of Supremacy or distinct Regalities as divers as those of Naples and Denmark Indeed this equalness of Sceptring or Coordinateness of Power doth not only Clip the Wing but even debase the Sovereign And make Him more subordinate and less free then the Subject To make a gay shew of Potency but in effect no more Considerable or indeed Regarded then the King of the Frogs which made a noise and some Bluster but when it appear'd a meer Apparition or Non-entity of Sovereignty the Subjects became more than Familiar and somewhat Saucy even leaped upon their King and instead of obsequious Reverence afforded him nought but Sleights and Revilings That Laws are fram'd by Concurrency in some Nations 't is more out of Discretion then of strict Right and Necessity Because the Subject is best Conusant of himself and ablest to sit his own Condition And so a general Convention royal Bounty and more of Ease to the Prince then of Constraint and obligation in Law neither is this incongruous with sense or Liberty for the Prince to be Good to Himself must on Force be Gracious to the Subject The prosperity of the Subject being the best Revenue and Glory of the Sovereign The Primitive Law-givers Originally Princes stampt Laws themselves and alter'd them at Will for the best Avail of State there 's no saying to a Prince quare Ita facis what do'st thou being the Auditor alone of Heaven and so needless of the Allocations or poor Pidlings of Earth Sovereignty Defin'd This Jus Regium or Right of the Scepter call'd Prerogative is a large Field and according to the word a Priviledge of the mightiest Amplitude its Bounds and Extents best prov'd by Records and Constant Practice However we may safely Conclude without the Fear of an Errata the Government an harmonious Regency omnia in omnibus with the advice of the general Council absolute no Homager or Feudatory to any earthly Power though not a Crum Arbitrary because sweeten'd with the Cadencies of Justice to wit the Goodliness of Aristocracy and the Frankness of Democracy Being in all things directed by Clarified Reason Law but not a mite Coordinate Conditional or Deposable According to the beguilings of some seditious Gagglers but purely single and Independent without a State-Helper or Part-owner England the Commote of Honour the Pearl of the Terrene Globe Let 's not cry up this Country nor brag of the other but magnifie and admire our own mercies and ascribe the praise unto Deity for none under the Sun by the 45 E. 3. c. 4. de Talleg non Concedend are endow'd with that Freedom and safety like unto us Prerogative and Parliament keeping an equal Pace going Hand in Hand according to Fundamentals they cannot Erre Prerogative no Cormorant in Swallowing anothers Right As by a Case By the 1. H. 7. all Liberties Preheminences and Regal Franchises were given to Him in Tail generally without any Limitation or special saving Whereupon a great Question arose Whether inferiour Franchises and private Liberties were not likewise transmitted to the King Adjudg'd Per tout le Coife d' Angleterre by all the Judges that every private Right was impliedly sav'd by Provisoe of Law though not particularly excepted for that Prerogative can be no wrong Doer For Example The Estate and Persons of Ideots and Lunaticks are by Law Entrusted with the Supreme should the Sovereign Trustee Commit the Body or Estate of either of them to J. S. to do with them as Absolutely and Inordinately as he Pleases the Grant were void because Breach of Trust and the Committee punishable for any Exorbitant usage In other places if any though Poor are but suspected to be Rich or but well to Pass they shall be presented with a Basket of Fruit with Empty Bags which if not return'd Fill'd the Presentee must certainly Expect the Bow-string or an harder Cruelty Thus elsewhere Ruling is Lording manuforti by Force will is Law and Tyranny Freedom the Prince when most Bountiful but a Pharoah and the Leigh though most Deserving but Egyptian yet Dalliance of Liberty Peace and Honour will not still the Thankless but Sampson-like all must be shoulder'd down though they perish in the Fall SECT XI Par. 82. Kingdoms resembled to Families where the Troublesome are thrown out IN a private Family the Type of Empire is not Rule necessary can it stand unless bound up by the Ligaments of order And if the Domesticks will turn Ribaws Ruffins and Damme Boys sleight the orders of the Master Dismission in this Epicycle of Sovereignty is the lightest Censure that can be Expected By parity of Reason in the publick Family if the Erraticks in Contempt of Mastership will not lowre and bow to the spiritual Form not Dictated by the State-Master the King not Enacted by the Church But affeer'd and pronounc'd too by their own Consent Expulsion and Restraint are the softest Blows that can be inflicted Outward Worship ordainable by the Church In Law Rituals are Positivi Juris matters of humane Make the Modification or Rite left wholly to Church Discretion and Rites of distinct or divers Forms do no way stain or impair the Doctrinals Law-maxims the Quintessence of Reason and unquestionable By our learned Masters of the Common Law 't is not requir'd to assign an Answer why the Maximes were first ordain'd and admitted as the Pillars of the Law and the Resolves of Reason that may not be impeach'd nor impugn'd by brainless Searchers that will pick Holes in a seamless Coat But ever own'd with silence and veneration as the uncontroulable Results of Science Teste seipso Magisterially as Authorities of themselves though not provable by Argument or ocular Conviction being Compounded beyond logical Touch or mathematical Demonstration Infallible by the Allowance of the Exquisit'st Advisings In brief of the same Powerfulness and strength in Law as Statutes therefore Triable alone whether Maximes or no by the Judges and not per Pais by the Judgment of twelve men For Example A. hath issue two Sons by several venters B. and D. B. purchases green Acre and dies without Issue D. shall never succeed as Heir being barr'd by a Maxim or Principle in Law An harder case with the Clamorous near a Kin to Barbarity Father and Son and the Son acquires Lands in fee and dies Brotherless Sisterless and Issuless too the Father that in Law is pluis prochein de sank of the immediat'st Degree of Blood the Cause of his Being and so the occasion of the Purchase shall not lick his
with a Collar Band or a large one with a narrow or broad Hem Plain or Lac'd the like of an Hat or Mounteer Cap with a Wast Belt or Shoulder All of them in nature are Indifferent the one equally as Decent and Rich as the other But if the Arbiter of Modes the Court affect one more then the other the Indifferency is Decided then one is become Handsomer then the other because more Modish being worn by Sophies of State whom in Indifferency Regis ad exemplum 't is our Duty in manners to imitate and obey The like in Church Discipline the peevish must content themselves with the Fiat and Injunction of their Betters throw by all Dunstical dogged Humours and comply with the present Form Are Garments that cover our nakedness and defend us from the Rudeness of the Air the less Decent and serviceable for modest Trimmings is Cloth or Serge spoil'd less useful if Guarded for some or not Graceful if Gymp'd for others of better Rank and costly Fring'd the cloth continues the same doubtless much better being decently set off unless slovingliness and sluttery are more sweet and seemly then neatness and sober Attire After the same Comparative how can the Doctrine be vitiated with polite Ceremony purl'd by Order But with unshorn souls of an high nap All 's Fantastical and superstitious that 's not slutter'd and slubber'd with unholy Peevishness Thus Ceremony is the very soul of Order and Order the Governess of Humanity for let but Order turn out and urbanity dissolves Par. 87. The lawfulness of useful Ceremonies AS to Divinity we must not conceive them in their own natures simply unlawful for if so God would not have ordain'd them under the Law And under the Gospel I find none Prohibited but such as are Enthralling to exchange the Liberty of Grace for the Tyranny of the Law The Apostle indeed doth condemn Circumcision Jewish observings of Days Months Times and years which are no less then superstitious because unprofitable However we are bound by the Gospel to retain those that Conduce to Edification Order and outward Decency in the Church Otherwise the same Apostle would never have commended the Corinthians for their Care in keeping the Ordinances which he deliver'd to them which Canons were after the opinion of the best Doctors concerning the outward Worship not about the Essentials as Faith and Repentance but reverent Behaviour and Gravity the Adjuncts of Religion 'T is true our Saviour reproves the Samaritane saying that He must be Worshipped in Spirit and Truth and no more Idolatrously after the accustomed Samaritan Worship But in Truth not in Types and Shadows but in Christ the substance And no longer in Respect of Promises and Predictions which were fulfill'd by the Coming of Christ Thus Spirit and Truth the often wheasings of our Dissenters I conceive very clearly are not opposed to Ceremonies in General only to legal ones which were Typical and to cease on the full Manifestation of our Saviour Let some Mouchers from the Church of England resolve us what more Damage or Hurt they can be to Gods Service now then when God expresly enjoyned them if the Heart be Righteous for unto the pure all things are pure But Momus when he could not spy any Blemish in the Picture of Venus pick'd a quarrel with the Slipper Par. 88. Discipline fram'd by Princes Allowable by Law A Christian Prince is out of all Doubt in Right of Divinity Episcopus extra Ecclesiam the righful Overseer as to Externals and Orderer of Ecclesiastical Concernments though no Bishop in the Church to exercise the Priestly Function without a Call King Vzziah might not burn Incense nor offer Sacrifice He may order and Command the Persons of the Clergy and enjoyn them their Task so King Jehosaphat commanded the Levites and Priests to teach the Law in the Cities of Judah As Princes have Power over outward Concerns so 't is their Devoir and ought to be their principal Care to promote the Service of God They must not act against Gods Law nor reign with a loose Hand that may be injurious to his Rites or Worship They 're bound to down with all false Worship to Prohibit and Resist all Attempts that have but the least Tincture of Tendency thereunto in securing the Church from being a Puppey-slave to a Foreigner So did Hezekiah Josiah and all other good Kings of Judah Par. 89. Sovereigns are Erectors and Judges of Ceremony THus after the Warrant in Divinity the King in Law is Censor Morum the Modeler and Controuler of Discipline Beneplacito Regis quoad Ritus tanquam legi obtemperandum est His Majesties Mandamus quoad Ceremonials is Law and in this sense An Order of State hath been Adjudg'd Equipollent to an Act of Parliament Therefore if Lex Loquens the Oral Law or Supreme in this Case delegate his Power to the Church for these outward Ministrations 't is good and obliging if quadrated by the Apostles Rule in Decency and Order who but a Miscreant will bend his Brow to deprave and Disobey Hence may Copes and Bowing not to but towards the Altar and the like be Binding because Decent and Harmless if the Church enjoyn it though I confess I am not much for either but if the Church adjudge it fit then my Indifferency is circumscrib'd I must obey in obedience to the Church as matter of Decency That 't is bad because a Dalilah or Fondling at Rome is Lobster Logick Papists eat and drink therefore we must padlock our mouths and throw the Creature to the Dunghil Nay Indian-like even abandon Heaven because they profess to land at that Port as the Haven of Souls I 'm as resolvedly against the Fucusses of Rome as Ridley or Cranmer and shall venture more then the Digging up my Bones for the Reformed Truth In fine if any Bracks in the Discipline to the Blemishment of Christs Church 't were but mannerly zeal for the Taunters against Decency to discover them in order to be handsomely Dern'd up and Amended without Renting the whole Piece SECT XIII Par. 90. The Pilot of the Soul for his careful steerage is worthy of Double Honour BY the Canon Law an Office requires a Benefit a Position in nature for each member to aid and requite the other most Absurd then for the Caterers of the Soul to be at great charge and baulk all worldly Hits to live otherwise to fit themselves to administer Spiritual Food and be grudg'd for their Catership a Carnival Return 'T is but Common Barter nothing of Bounty the bruted misers of the world Lawyers and Physicians the one to frisk and capeer the Body the other to ravel and tangle the Estate are greas'd with fat Thanks But the manciple of the Soul for his Guidage and Pasturing of the Spirit must fare hard and nibble upon a Rock But how can their Revenues be ravin'd or repin'd at without Sacriledge or the grossest Impiety their Demeans most Hippo's or poor Pittances and
the Bishop is generally Amerc'd Permissive waste unpunishable 10. If one Demise a Farm with a fair House and fruitful Herbage thereunto Belonging at will And the Tenant prove an ill Husband over slothful and Base suffering Both to go to Ruine The House to fall down for want of timely Repairs or Burnt through Carelessness And the Land to be Juncose or become Rush'd over even over-run with Weeds and chok'd up 'T will soon be Demanded How the owner shall right Himself of so wretched a Fellow At Common Law by the 42 43 Eliz. B. R. I find it Adjudg'd in Point no Relief And the Statute of Gloster leaves it Incurable Neither do I find it Curable at all for by the Pliers in Equity I 'me Assur'd the Chancellour is not sworn to make Fools Wise If men dread any After game a Gods name let them Away to the learned Lawyers and for a good wholesome Fee they will secure them against such unlucky Rentors Voluntary Vastation Punishable 11. For spontaneous waste as pulling down of Houses Ploughing Meadows Destroying Woods which alters Evidences and so tends to a Dis-inheriting I conceive it Punishable by Action of Trespass It amounting to the Determining of his Interest without Entry of the Lessor Par. 116. Conscience must be Submiss and Silent to the Digest of Policy Law NOW there 's no Mooting for Conscience in these Points it must Conform and agree it for Law And if Law then Justifiable at the grand Sise for if not Connatural or of the like Dimension with the Law eternal 't is monstrous and not to be practis'd To clear this by a Case If J. S. infeoffe J. N. of all his Lands in London and Middlesex And give Livery only in London the Lands in Middlesex will hardly pass Had they lain all in one Shire though Remote it had been a good seisin of All. In natural Conscience doubtless they are Convey'd by the same Intent Compriz'd in the same Deed and the Consideration the same yet the great Oracle of Polity the Law will not allow of the one though it tolerate the other Conscience guidable by Law A Bond defeasanc'd to murder J. S. is void but a Feoffment Condition'd that the Feoffee take a Purse on Black-Heath the Estate is indefeatable though the Condition be impudent and bindless So A Grant that the Grantee shall not Alien nor be Pernor of the Profits the Estate Compleatly good though the Provisoe be trifling and illegal an obligation in both Cases Concords with Law For a more Familiar Diversity If an Infant or Mad-man steal or kill unless wittingly and maliciously they shall not be impeach'd But in Trespass for a Corporal Hurt they may be impleaded and punish'd too So In Felony if the Principal die or be pardon'd before Conviction the Accessary is quit But in Trespass 't is simply otherwise For If J. S. abett his servant to strike J. N. or burn his House if the Abettee die yet the Action of Trespass or Conspiracy stands good against the Abettor In these Points according to the sages of Political Reason Law from Diversity of Law arises the Diversity in Conscience which ought to be lead by the Amber Chain of Reason that is Law And not by the Hempen Cord of Fanatick Opinion Thus may we see with half an Eye indeed if blinder then a Beetle how Insolent and Groundless Pretence of Conscience is represented by the Perspective of Refin'd Reason that clean and blanch'd Reason doth not regard every Scullion frantick Humour nor will it be rul'd by the Distaffe so it respects the safety of the Church the Common Peace 't is sufficient to be engrav'd in every Breast and obey'd by All but Rebels and Pagans Par. 117. A good Conscience Regulable by Law TO come more close to the Saints to prevent rude Sallies on Divinity let 's agree the Conscience the Reflex of the soul or Nuntio of the Diety garbling the good Objects from the Bad the white Angels from the Tawny Ad vulgus or in a secular sence 't is still but Winnowed or Exalted Reason Law which must be Hammer'd and Regulated by Magistracy and since Oracles are ceas'd the voice of God silent what other Asyle can there be 't is true the Power Divine in the Throne of Diety the Soul is still vocal though not Articulately to the Ear yet Intrinsically by the Impulsives of Nature to the Conscience his speaking by Supremacy must be Recorded and as to Externals the Dictates of Fann'd Reason Law ought to be obey'd A Citation before an Incompetent Judge dangerous To instance this by a Case If J. S. be Excommeng'd in the Court spiritual for matter of Temporal Cognizance which properly belongs to the Crown and Dignity Royal He must be Assoil'd without making satisfaction if the Plea be continued a Premunire may endanger the Party litigant and Iudge too So If a roguish Royster lay violent paws on a Clerk Handling Him somewhat roughly with Blows the Battery is soly Determinable in the Court Temporal the Rudeness to the Person Pour ingetter les violent mains sur luy in the Court Christian At Common Law Dato that a Lease by Deed is made to J. N. Remainder to the Right H rs of J. S. with Livery too according to the Form of the Charter Here 's a good Estate to vulgar Reason in Conscience but in Law the Remainder if J. S. be then living flutters without a Wing and is void The like Lessee for 40 years takes another Lease for 20 years Conscience intends to inlarge his Interest to 60 to make it up a round number of years equivalent to a solid Estate However his Condition is worsted and in Law here 's but an Estate for 20 years Thus Conscience must comply with Law if not the Law will be more then Angry fling and bite too Par. 118. No Faultiness in the Law WHY should sublimated Reason the Law be storm'd or flouted at being no way Factious having no side no by-ends no leaning or Respect to any I confess 't is past ordinary Cunning to encounter this Monster to reduce Schism to the lines of Mediocrity to submit to legal Prudence and Authority Spuriousness of Zeal to spurn at Law The world is come to a fine pass huge Hopes of Saint-like Times when the Spindle and the Prong every blober-lip'd Wise-acre not a Flight quoad Intellectuals above a Plant-Animal must question Acts of State And not only demur in Obeying but manfully jocund Himself in Resisting 't is neither grave nor safe to romp and wherle through Thick and Thin lege inconsultâ without Advising with legal Discretion to plunge themselves in needless Troubles The Law marches slow but discharges swifter then Pegasus Par. 119. Single Conscience must Conform to the Vniversal I 'Me ignorant of the Reason why a Private Conscience should not comply with the Publick that is the Law Provided it be no way Pernicious overtly polluted with superstition not Incongruous with the Word
his soul from Death And his Body too from vials of wrath that otherwise might overtake Him should He wallow in that damnable Estate And others too for their Recreancy and Remissness in Permitting so much Deadliness to live which by the Judicials was severely Punish'd and ought to be with us with an harder Penance then Sandals or an hair Shirt Righteousness mistaken Thus if the Church enjoyn Vnique Consort in Divine Worship a wrigling Conscience to live lewdly at his own Rate chops in to go his own way though it lead to Hell if the Law arrest this Caitif to drive him into the Right this is Persecution O blessed God what prodigious natures doth thy Poor Spouse meet with all Decencies must be Abandon'd the very Bible burnt and the Alcoran profess'd to tiddle every Crack-brain'd Dissembler every sniveling Tony otherwise to be Branded with Tyranny and Persecution Par. 19. The wildish Pretender possess'd with waspish Rudeness scourgable by Law I 'M inclin'd to Piteousness and Civil Quarter but if the Hold of Blasphemy may not be Assail'd but the Reduction left to the Spirit I doubt of a Convert obstinacy being a Misplea in the Leet of Piety not issuable in Heaven the Magistrate being Sworded not to trifle with Domitian but to uphold Hezekias and suppress Shelomithes Neither is this Presidentless for the potent Master of Holofernes enjoyn'd universal Worship to the God of Shadrack and his Comartyrs Sub-poena Capitis on Pain of Death Unto Daniels God was Ascrib'd the like Devotion Par. 20. Blasphemy Brandable by the Civil Law Capital BY the Common Law the Blasphemer is Infamous and therefore grievously mark'd with a Print of Horror By the Civil Law He 's punish'd with ultimum supplicium even Death the executing Hand according to the Father is sanctified by the Blow Vagrancy from the setled Church in Law Partial Apostacy By some Books I find wandrings from their Habit or Order of Religion to be Revoltings or legally Apostacies And that the Law hath Provided a special Capias to restrain such Gaddings by Reducing them to their Canonical Obedience Par. 21. Conscience in some sort Governable by Law THus the Supreme as Vice King of the Soul may Command the inward Man There 's no Demurring to his Edicts Contempt is no less than Damnable if a Bur to the Soul or truly nauseous to the Judgment Passiveness must be the Cure and ultimate Appeal Vnity in Religion Inforcible in Conscience It cannot be Denied by any Civil Christian in his right senses but that The Magistrate hath Power in omnia mala The best Conscience is too bad and mendable On consequence then the Magistrate hath Conusance over the Conscience Which is but Reasonable for temporal Rulers are bound to have a Care of Souls as well as of Bodies And must Answer if they Perish through their neglect Par. 22. The Guardianship or Charge over the Conscience not Dispensable WHich we may more lively illustrate by a Decision A Minor or one under 25 years of Age is Inspected and by false Proof Adjudg'd to be at full Age under this Pretext of Plenarty of Age He receives a Debt due to Him which He spends loosely or squanders away 2 Questions 1. Whether the Debtor be sufficiently Discharg'd 2. Whether the Curator be Releas'd or still bound to oversee the Trust and so liable to account for the wasting Payment Real a full Discharge 1. For the first I find the Debtor safe enough being fully Acquitted the Common Law by the 26 Eliz. doth in some sence quadrare or readily Assent in case of Infancy As in an Executor if Payment be actually Prov'd it shall Bind But Regularly in most Cases infra aetatem or Nonnage is a good Plea to avoid all Acts and Deeds And the Civil Law is as Cautelous the Minor being uncapable to oblige Himself without the leave and Concurrent assent of the Curator Dispensing unseasible 2. For the second the great Point in Controversie with us the Guardian is liable to answer the wasting for that He should still have continued the Charge which truly seems strange till the Fraud were discover'd being done by Power of Law At Common Law I agree the Guardian would hardly be Acquitted though with the Privity and Intreaty of the Infant if a waste were Committed But if by Order or Act of Law I conceive the Laches were purg'd and he totally Indempnified because Act of Law Can do no Wrong And in that Case the Law is bound to protect Him Religion unalterable Princes must keep to Unity This strongly proves that the Magistrate is still oblig'd as the Committee of Souls to Continue his Tutorship over the Conscience in Holding to sincerity in Religion sub periculo Animae as He will tender the future welfare of his own soul Though in foro Civili here on Earth he may be Absolv'd I doubt of his Acquittal in Heaven for that no Instrument or humane Power imaginable can dispense with the Charge of Souls though with their own Consent in suffering them to pursue the Road to Damnation Par. 23. Wavering in Religion unlawful TO explain this Thesis more clearly by a Case A. and B. 2 Co-Rogues or Comrades in Villany consult how they may more Colourably Beg or Steal They Agree that B shall Cripple A by Maiming his Hand or Foot which is accordingly most Audaciously done 2 Points 1. Whether A. may have an Action or an Appeal of Mayhem against B. 2. Whether B. not Inditable for mutilating or maiming his fellow Subject or Brother Rogue 1. To the first Damnum sine Injuria because of Consent will be presently pleaded 'T is much doubted whether it be good for that there 's no Justifying Malum in se being a most nefarious and unnatural Act. 2. By the 11. Jac. Consent will not free the Mangler or Maimer from being soundly Fin'd and otherways well order'd for his Rascalness in Mangling the Kings Subject for Instance C. kills D. with his Consent and upon his Intreaty and passionate Request this will not excuse C. from Murder and Hanging is too good for Rogues in Grain Now if we have no Power over our Persons to Disable or Spoil at will much stronger are we Disabled to Bopeep or trifle with Souls Verity not sickle but solid and unchangeable Truth is Immutable and will admit of no change no varying without the Hazzard of Heaven And therefore Princes being Delegated by God to oversee and govern the Soul must not turn Waverers by Tolerating Weavers of new Gods they cannot allow of an Alteration of Religion by jeoparding the spirit to Hell by any mortal Consent or legal Contrivance The Apostle is full in the Point by saying the Magistrate is Dei Minister tibi in Bonum that is the substitute of Heaven for the safeguard of the Soul as well as for the Tuition of the outward Man And therefore the same Apostle enjoyns subjection not only for Wrath but for Conscience SECT IV. Par. 24. To pride our selves