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A33531 English-law, or, A summary survey of the houshold of God on earth and that both before and under the law, and that both of Moses and the Lord Jesus : historically opening the purity and apostacy of believers in the successions of ages, to this present : together with an essay of Christian government under the regiment of our Lord and King, the one immortal, invisible, infinite, eternal, universal prince, the Prince of Peace, Emmanuel. Cock, Charles George. 1651 (1651) Wing C4789; ESTC R37185 322,702 228

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Councels made the world and every living thing whether Angels or men in heaven or in earth which perfected The Almighty wisdome though it could have otherwaies gloryfied it self thought fit among all the Creatures which his hands had made to raise man to that pitch of honor as to make him not only the object of his love but in some sort the Author of his honor who is the fountain it self or original spring of honor and all other vertues and excellencies and this he himself acknowledges by several expressions of his own and Prophets when men have yielded obedience to his Commandments saying they honored him or gave glory to him Yea indeed it will be acknowledged of all sorts of men that the end of mans Creation was as is the work of every Artificer the glory and honor of the Creator and maker Therefore the same wisdom that Created man even while man was yet simple and pure in the absolute height of his first created perfection put him under the obedience of a Law and Rule in word to the keeping of which those first principles which we call the Laws of sense and reason were but subservient But man kept not long that station but disobeyed the law of his most high Creator by which error or fall it s concluded and agreed by all Christians that the whole nature of man was corrupted and tainted and from being the sons of God in pure creation all mankind became the sons of Adam by natural propagation bearing in our bodies the sting and marks of our first sin in our daily and continued transgressions thrust out from the presence of our God and could dwell no longer in paradise And now the Laws of sense and reason were mans rule God not holding that lively communion with man which he did before to prescribe him particular and positive Commands or Laws at least that we read of Yet the goodness of our Creator transcendently appeared in that while he breathes forth threatnings to his disobedient servant nay actually punishes him in ejecting him the earthly Paradise the Type of the heavenly Rest he opens a door of comfort in so sweet promises as he there annexed of the hopes of a Saviour under which Covenant he pleased in all ages to take a special regard to some men in and by whom the family and houshold of God was continued and to these he several times and by several manners revealed himself whether by Dreams Visions Angels or otherwise is not so materiall to be here discust and taught them the Laws and Ordinances of his house which Laws we see were not so contrary to the Law of pure Reason or the inherent law of nature that they wrought division or separation either amongst themselves or with others or so perspicuous to the eye of mans reason that each wanderer saw the wisdom of the Father and immediately followed that rule and dictate of the divine Spirit of which families or housholds it is conceived the Lord had several in divers Countries at the same time but as being least questionable most proper to a Christian and so most subservient to our end we shall only look at the direct line of scriptural genealogy from Adam to Noah and so to Abraham of whose posterity in the twelve Patriarcks was found the people of God the holy seed among whom were in his due time shewn the Oracles of God the depth of wisdom both for the government of Gods people as men or Saints by the Lords annointed and every inferior power under the civill Scepter or by the royall Preisthood or inferior Levite under the Divine declaration How far Adams power extended or how absolute it was I shall not controvert nor yet Noahs but this we may see that it was so paternal that we read not of any censure that he gave to Cain upon his brothers murther though we see God did but how it was effected whether only by the voice of conscience or otherwaies is so difficult that we will not guess but conclude had the knowledge of it been material either for Gods honor or our good the holy and wise God would not have so obscured it nor yet gives God a precept against murder but gives it Noah after the Flood That it was want of absolute power afterwards that brought such loosness and disorders upon the world whereby sin in the successions of generations from Adam to Noah was so multiplyed the contrary seems evident and that from the Tenor of Gods truth For there were mighty men who abused their power to wrong and injustice therefore were they plagued we may say plainly they sought and got power over each other and destroyed the pure law of nature For though I am not against nay I am for Government as will well appear hereafter yet this I say that the law of pure naturals sets not one above another which law observed there would be no need of Governors for each one would be a law unto himself But to return the power thus obtained they abused it to unjust ends Spoile Robbery Rapine Lust and such like for this came the wrath of God upon these children of disobedience and violence and the Flood washed away them and their sins together Yet the Lord remembred Noah for was he just from whose posterity descended all the present Inhabitants of the earth and although the fathers were as Shem and Japhet righteous in their generations yet the sons and progenie of these forgat the laws of their fathers house and fell into the delusions of Sathan by the lusts of their own hearts And forgetting the Judgements of God upon the old world they as well as the seed of Cham fell into the sins of the old world and promoted themselves over their brethren not according to priority of birth as most congruous to reason but by might and power abusing those excellent qualifications of divine infusion against the law of the most High and then according to their factions they by strength got dominion which loth to lose they combined together against God himself nay as sure as the Lord liveth the Poet truly expresseth the heart of man These Giants or Principes would if they could have plucked God out of heaven they first brake his Laws and then fought against him but the Almighty now only scatters them to his glory and they who before were bounded in a narrow compass are now dispersed through all regions and it is concluded that the chief of them of one language upon the confusion of tongues was their Prince but whether that were the most Ancient Strong or Wise we shall not need here dispute it is agreed there was a cheif and that the most ancient by the general Law of reason owned that place However it is most probable that their dominion extended not over many or that their power was unlimited But it seemeth among the sons of Noah that Chams posterity first deviated from the rule of nature in
might be but now a clearer light manifests higher things or is so pretended to The main particular and worthy consideration is our formation of Christian policy according to the Jewish Model for we held all Baptized as Circumcised to be Christians Now of these how excellent Christians we have the Gallows Gaoles Houses of Correction for punishment and all places of vanity such as almost the Heathen would blush at Drinking Dicing Drabbing c. publickly known manifestly proclaim and though no rents to the State as at Rome for the Stews yet to the Statesmen they enhance Farm Rents c. for surely were there no advantageous interests they would not against common profession be upon so weak reasons as they are tolerated while winked at yet what is done with these Christians lo they are punished are they not Surely no not one of ten if one of a hundred and this punishment is the sacrificeing for sin and this past they are if it be but commutation as clear Christians as the best and being now become more serviceable to corrupt interests these spied out the lawful Liberties of better Christians which the Judicials not affording a whip for The Magistrate must be loosed from his restraint rather then not have an honest man punished this raised error upon error and opened this loose to the Christian to seek freedom from an unjust Law and to the Magistrate to seek to punish at lust But if you see through all the Apostles Writings they only forbid the sin and for punishment look at the Law in general which surely they could not intend but of the Judicial Now for the Commands of Christ the Lord and the Precepts of Love Charity Patience forbearance c. they are certainly true and to be observed and then the Quaere or Objection is what need of Law The Answer to this is as evident as the other That the purest Congregations Churches c. have had and ever will have evil men among them not only hypocrites but open sinners The error of the Congregations not ejecting or Magistrates not punishing or not due regulating by punishment rather shews the necessity of Law then the uselesness of it Now grant that the whole Nation were purely Church-Members of which no visible cause of ejecting or rejecting communion appeared yet there would or might arise many debates differences and controversies which would require a Magisteriall Authority to determine if but for difficulty And surely the Congregations of Christians never so little declining could not avoid litigations and wranglings and there being no word to extirpate the Civil Magistracie it becomes not Christians to wrangle much less violently to oppose so approved so necessary an Ordance That opinion that in the simplicity of the last Age as in the beginning the father of the Family shall be King and Priest hath little warrant that hath more that each Saint shall be so and yet in the mean time as hitherto subject to the powers yea the Heathen ones for conscience sake of the radiancy or glimpse of the Divinity holden forth in them It is truth pure Christians will not be contentious some meek spirits may and will obey the letter of Christ and sure they that do so in faith shall not fare the worse for their exact obedience but in the mean-time this is no binding rule to us except the words be so intended It is truth the child of God seeks not his own c. he is wholly taken up with God c. shall the Magistrate therefore see evil against him go unpunished Again love and not avengeing wrongs and praying for enemies in the spiritual sence may stand with the punishing afflicting and bringing to judgement the body of the transgressor in the literal yea God is thereby glorified otherwise how can the peace of good men be preserved against the wicked but miraculously which we have no warrant to expect at present and what shall be hereafter as the light manifests it self the Lord grant we may walk in it and also up to it and that our Laws may be established according to a rule of Righteousness even according to the wisdom revealed by God himself and that all emergent Laws may flow from the same fountain for for every action contingent there is as is agreed no particular Law already setled nor well can be but the Christian Magistrate ought to provide that not the least wrong or trespass but be righted or punished I must yet remove one rub and that is the Judicials have been our misguider hitherto therefore better any other Law then them 't is the same that was objected for using of formes whether of prayer or otherwise which the Church of Rome used and was partly spoken to before particularly in that all our old errors having sprung from that root that it is necessary yea some say of necessity to wave that for our rule lest we tread the same trace of error that was before our ruine and therefore better take our Laws from Turk or Persian or c. then from the Judicials Now let us examine this and all will appear vain for first it is denyed that the observing the Judicials yea though as binding as the prototype was the error of Christians so as to bring so horrible a defection upon our Judicatories We maintain not I desire to be rightly understood That this Nation professing Christianity is bound to the Mosaicall Judicials in the command to the Jew But assay to manifest that those Judicials were not our misguidance The Decalogue or Ten Commandements we all agree except in the set day of the Sabboth to hold forth but even what Natures light determinately approves whereby it is evident that sin is the same to us as with them which all the writings of the Apostles manifest Now the sin in the head Law being the same what difference in the branches either in respect of the severall species of transgression or manners of punishment Now as to these we all agree the error an error but we must differ concerning the ●nfliction of punishment which I drive to this head That the Law prescribed in the Judicial for punishment holds a due proportion punishing life with life goods with goods c. if so then that these mediums or rules of due punishment ought much more to be observed by the Christian Magistrate under the Law of the Gospel the glad tydings of peace and mercy then by the Jew and not to outbound unless after the utmost of execution the Law be found evidently defective which I presume it never will be under prudent Magistrates Now to him that sayes the observation of these Laws was our ground of error I say in the Ceremonials of Moses it was and that the receiving of the Judicials might open a gap to introduce that error the more facily I will not deny but that this must either cast out the Judicial or make us take the Rule for this in any just Law I
presume must be from the hand of a Heathen rather then from the word of promise is the fruit of strong contemplative zeal for the punishment so it holds its due proportion take it from the Turk if you will or Persian it matters not The Turks punishment so it be not Torture may suit best the spirit or genius of the Nation for to burn hang behead or stone all is but death and this difference had Ceremonies so called been lawfull to be enjoyned might have stinted our controversie of old between the then so called Protestants and Puritans for the receiving the gestures set formes of Prayers Ornaments and Formes of and in Church-Service so called And assuredly it ever hath been one of the Devils gyns to fright men from truth and right by miscarriages in the manner c. hence cometh the scandals of profession from the errors if but of one or two hypocritical or mis-led professos we may as well refuse the Scriptures because Heretiques use them and that they lead to Judaisme is a great error for surely Judaising was intimated in no part of the Judicial Law of which any question can be For the exception in Fornication things strangled and blood the last two being meats we are now freed from There is a holy jealousie which is for God and is commendable and there is a pertinacy from interest which is Idolatrous and wicked the Lord open mens eyes especially those in Authority rightly to distinguish that they be not found fighters against God Now who are to expound this Law and settle it and how far their power extends is our next task 10. Who have the power to make Laws and how far that power extends SOme may think that the Judicials being laid down to be the fittest rules for Christians or any men to live by That this Quaere is needless For what have we to do with Law-makers of or among men when God himself hath fitted the work to our hand But these men must know that time brings to light new inventions of sin Satan goes about in variety of shapes and deceives daily and these offences many of them will be difficultly referred to the proper head of Transgression therefore it is requisite that there be a superintendency to oreview these errors and apply a remedy in time according to their rule yet to punish life with life goods with goods c. Now these are various according to the either condition or constitution of the Nation or both the constitution according to setled Law and constantly received the condition time of war or peace Now the time of war being only accidental we are specially to consider acts done according to the setled constitution of the Nation be it by Monarchy absolute or limited or Republique Republiques of all or any sort and their boundary is common and publique good and that either according to emergent necessity as in case the elders of Gibeah had consented to have all their eyes put out for National advantage for in such a case the elders had turned evident Traytors to their trusts but to lose one or either eye This will receive somewhat more ample satisfaction if we consider seriously 11. What are the proper Rights of the supream Magistrate so called Prerogative NOw in the handling of this Question it is fit a little to open what is Prerogative now this simply taken is the Priviledge or preheminence that one party hath either above or before another and so is no more then to have that of right and duty which others have by accident or by favor as to have the most honourable place to be heard first and such like But to take it in the proper latitude it is the sum of all those powers priviledges Rights and Immunities necessary to the Supream Power whether person or persons according to the strict rule that thereby the people may be the better governed according to the loose rule that the people may be kept in subjection and the glory of the King or Ruler exalted and that as to absolute Power over both body and goods Now therefore to treat of Prerogative in such a sence is vain for Prerogative is absolute power and what the Prince pleaseth is his Prerogative and this was assuredly aymed at here Now Prerogative according to the strict Rule is of two sorts that is more or less strict as for example some Prerogatives primarily usurped by time are agreed to and after constituted such as our vassalage of Tenures whether in Capite or that by grand or petite Serj. Escuage Knights Service Soccage or Villenage all which the estates of the Nation have looked upon and not annulled but regulated and the Kings sought to avoid those Regulations Now the more strict Rule of Prerogative is to give the dues necessary and that both for honour and order and safety which both the other are but as handmaids to for the etymologicall fautaries I pass them intending to hold out truth in her native simplicity without the ammusive garnish of needless witty vanities This then agreed what Prerogative is in general from hence it may be collected that what ever is necessary or rather of necessity to the well being of the whole is to be in the Supream Power Now this which is by some and generally alledged as proper to Kings yet must be also in all Supream Magistrates as Dukes Earls c. yea though Vassals or Tributaries to other Princes and must be also in Republiques or where the supremacy of power rests in more then one person whether Aristocratical Oligargichal or the pure Republique viz. the Democratique State For the Prerogative is incident naturally to the Supremacy of power and that of necessity for they are the Superintendents of the whole body and are to have requisites to that Office as necessarily as the father of a Family or any inferiour Magistrate under him ought to have to govern in their bounds precincts limits and places and therefore the Law of England justly in the matter however in the attribute or that to admit comparison with the Almighty might or may offend some mens eares by way of illustrative Analogy gave a kind of ubiquity or omnipresence to the King and so to the supream Magistrate as the first part of his Prerogative his diffused power for common good so ordered manifesting it self in all Offices whereby the publick peace so called the Kings peace was preserved and was necessary every where But as more necessary so more apparent in the Courts of Justice all of which were called the Kings Courts and the Process the Kings c. Now we being ruled by Laws for to avoid the inconveniencies afore-mentioned of pusillage and folly and alterations accidental to the best of men depraved through the fall make this supream power vertually to rest in setled Laws and by them they rule and so neither death folly nor any kind of wrong or injury can by the estimation of Law be done