interests for they were corrupt Oh you that are in power build not with such hay and stubble still for surely your work is like to pass the fire But assuredly a Kingdom Hereditary is far before any other Kingly Government where the Nation is small bounds large and spirits content for Peace is most durable in that Government And that will give Riches and the people shall have ease and plenty and grow numerous for emulation the mother of discord is restrained at least But then the land will be too scant and that Nation must fall upon others or break within her self or transmit Colonies Now Democracie must be in War abroad or else she breeds Feavers in her own bowels Yet Aristocracie and Oligarchy seems worse as partaking in more selfish interests but assuredly in all they are best or worst as the men Ruling are 6. Whether the acquests of Kings belong to the State in Case of alteration of Government SEeing now alterations are incident to States it may be justly Quaeried whether what is gotten by the Prowess of a King or Marriages come to the Supreme power Governing or return back in such Alterations or the Heir Naturall to enjoy them The answer is easie for all these things rest in the King as King as they were acquired whether in an absolute or limited State they go to his Successor Politick not Natural not in the ordinary course of inheritance but according to the Transition of the Crown how great Jumps soever it take and this person dies not so that it is evident the supreme power hath all the acquests and rights whether Warlike or Civil as by Marriage Permutations Emptions of State or Mortgages Real as Cautionary Towns So that this Change of Government hath not divested England of any Title to ought due to any former Kings as Kings of England whether in Ireland France Castile Cicily Cyprus Hierusalem united Provinces or else where And should Kings come in again sure they would not hold the intervening settlement of a Reipublick a Bar and the Reason is evident for they have the Supreme power and are as Capable to give Protection and enforce Obedience each as other in consideration of Reason so there is no inconsistencie in the thing 7. Whether better to be Governed by Laws or without HAving seen the Governors let us see how they are to Govern I take it that the same reasons against Arbitrary Government in a King will serve for a State for grant a Choyce of the most excellent men in knowledge and Justice Yet can we say they shall be alwaies such or those that succeed them therefore no doubt it is better to be Governed by good Laws then good men taking care that those Laws be executed under severe punishments 8. Whether better to have general or particular Laws I Now must come to the hard task of all Polititians That is to set the Medium of power in Magistrates wherein it is plain that to tye a Magistrate in any Government supreme or inferior yet administring Justice to the very strict letter of the Law is to have all the safety of the Commonwealth shipt in a Vessel without sails or oars slip but the letter and no Magistrate can meddle Therefore generals must be the way but limited they must be or else your venture is as much on the other side for to give him no bound or too much is to put him into a vessel overladen and the sail too full which upon every gust is ready to sink or be o're turned or run under water Now to pass this Scylla and Charybdis is the hard work in the first settlement That the supreme Magistrate hath his due boundary and after for him so to dispence to inferior Magistrates that the equal Temperament in every part may assure the safety of the whole England before the late fatal infusions into King Charls his head of the absolute power due to Princes Jure Divino whereby they were rendred accountable only to God boasted against all other Nations of the happiness of all these Governments in a sweet and admirable admixture of power for they had the freedom of a Commonwealth the opulency of Aristocracie the glory of a King Yet he so bounded by the Laws and so watched by the Emulators of his glory the Nobles and by the Conservators of our Liberties the Commons that it was hard for him to break Yet break he did and that so suddenly that it was evident the settlement we gloried in was but as we say A last gasp to the decaying state of the Bastard William so called the Conqueror And now is the time for them to whom God gives the Honor of a Settlement so to mould and temper Government that it may be most durable which is the glory of a State Now to do this aright after the Assurance that nothing be done how politick or advantageous soever it seems contrary to the light of Christian Doctrine I come to the difficulty abovesaid that is What Power is to be committed to the Magistrate whether Supreme or Inferior respectively To which I answer generally That the Magistrate whoever he be that is intrusted ought to have more power then it s commonly requisite he should improve that thereby by acts of Grace he may endear or suppress as occasion shall offer The Supreme thereby obliging all parties as well inferior Magistrates as other Subjects the inferior Magistrate to engage the equals in all but Magistracie and all the vulgar and that without punishment from above or scorn below For it is evident there are ever ambitious or insolent Spirits who if the Magistrate be tyed too streight will draw him to the end of his line and then dare him I wish from my soul Magistrates were all wise and just fearing God and hating Covetize but in the choyce of these men for interests it will not be so therefore I meddle not to prescribe rules as some do for a man who prefers private interests but him that onely and principally fixes himself and his endeavors upon the advance of Publick and Common good therefore to them I address my self with this Caution That the great ruining danger is in times of Commotion to be over strict beyond late presidents and Examples for that blows the coals of Sedition yea sparks to a great flame especially if publick ruins build private fortunes so called or partake with any selfish interest They therefore that are in Supream trusts and would settle or continue their Governments quiet must themselves in their places and whom they impower respectively with not onely faithfulness and diligence but also wisdom and discreet activity moderate that power which may be lawful much more that which is exorbitant or but to be used against persons exorbitant that is violent Rebellious and that in acts disturbers of the Peace for against such to spare one guilty is to venture the destruction of a thousand of innocents In evident just things
in Germany and England ibid. William so called the Bastard or the Conqueror admitted King of England his claim his reign ibid. His politique settlement p. 24 His successors tyranny p. 25 The opposers and how quelled ibid. The gate God opened for freedom p 26 Magna Charta and Charta De foresta granted ibid. The Pleas of Kings against them ibid. The Judges and Lawyers absolute interest serving Kings tending to enslave the people ibid. Some Judges hanged for it ibid. The contest briefly examined pag. 27. Why the Pope suffered these contests ibid. The Popes policy to avoid Reformation from Princes ibid. Gods witnesses against Romes signs and her dealing with them ibid. The Pope and Princes strengthen each other pag. 28. The Kings of Englands best title is from Parliamentary elections and the reason ibid. Princes liberality to the Churches ibid. Parishes erected ibid. God still raises up witnesses against Rome ibid. Incestuous Marriages from the Popes dispensations in most of the chief Families in Europe pag. 29 The Kings labour to exalt Prerogative ib. The settlement of the Court of Kings Bench Common-Pleas Chequer c. ibid. In whom the choice of Judges and how ibid. Court of Wards erected c. ibid. Court of Star-chamber erected ibid. Admiralty and others Courts c. ibid. Luther and his Quarrel with the Pope pag. 30 His Doctrine ibid. His Abettors few if any ibid. His opposers all Christian Princes ibid. Hen. the 8 th of England writes against him ibid. The reason of the Princes siding against Luther ibid. Henry after quarrels the Pope The Reason ibid. His halting twixt Popery and Protestancie He seizeth the Monasteries c and the reasons pag. 31. How he rewarded his instruments ibid. Edward the sons zealous Reformation ib. Maries cruelty pag 32. Elizabeths deliverances and succession ib. Popish plots against her upon Reformation ibid. Englands laws distinguish twixt a Papist in Opinion and in Faction ibid. Englands Law at Elizabeths coming to the Crown ibid. Recusants why so called ibid. All Protestants agree not to Elizabeths Reformation ibid. Their Reasons and uninterestedness p. 33 Some of the Parliament men questioned by the Queen ibid. How she misliked the so called zealots ibid. They flie into Holland and they print freely ibid. Against both Magistracy and Ministery pag 34 Yea against the Queen in regard of manifest error continued both in Church and State ibid. Her Potency and relief to her Neighbours ibid. James succeeds Loves not Puritans ibid. Yet distasts them not ibid. Advances the Interest of Prerogat Courts ibid. Takes away the good old lawes to increase revenew ibid. The succeslesness of His wise Councels p. 35 His policy to subvert the freedom of Parliaments ibid. His way discovered ibid. The end then aimed at the subduing Scotland absolutely ibid. The Court party ibid. The King would not agree to Arms. pa. 36 The cross dealing of the Scotch Presbytery with King James ibid. Some lawes made in King James time how diversly executed ibid. Charles Crowned with great joy ibid. Disgusts against him in his first Parliament ibid. He gets mony and dissolves it ibid. Breakes his Royall word so called in his grant to the Petition of right pag. 37 The State of the Church here at the beginning of and during his reign pag. 37. 38. and 39. in the pride and dependance of the Hierarchie seeking by unjust wayes to raise private estates out of the Church revenues ibid. Their little regard of Blasphemy drunkenness c. ibid. All they sought was unity and by uniformitie ibid. Hate against good men ibid. Their policies to bring in Popery ibid. Some of their errors repeated ibid. The civil state considered pag. 39. 40 The King lost his Militia in all kinds ibid. His Lords given altogether to vain sports c. ibid. The Gentry follow them and the Yeoman them and so all order is broken ibid. Justice wholly turned into form and practice and destructive in all the pooceedings of Law pag. 40. 41. 42. 43. 44. So the first step to introduce generall poverty pag. 45. 46. And that demonstrated by consideration of the parties suing ibid. The process what whence and by whom ib. The Courts of Tryall above and below ib. The Attorny and their practice p. 43. 44. Declaration and Plea ibid. Issue single and double ibid. Jury ibid. Verdict ibid. Stay of Judgement ibid. Judgement ibid. Stay of Execution ibid. Remedy in Chancery the worst evil p. 45. 46 Sollicitors what c. 44. The reasons of all this Error pa. 45. 46. Priviledge of Persons and Places discussed pag. 46 Witnesses and the abuse in them ibid. Most ordinary matters in practice undetermined in Law pag. 46. and 47 Cheatings in Bargains sales and all conveiances pag. 48 Englands Law practicall only so that Government was subverted pag. 48. Coppy-hold or base or villein tenure discussed pag. 48. 49. Want of Forcing Plantations another causes of Englands povertie ibid. Inns Alehouses and Taverns another cause ibid. Marrying of the poor too young another cause and debilitates nature and makes unfit to labour ibid. Englands good lawes for maintaining honest laborious and punishing idle ones enervated and neglected pag. 50 Considerations of binding out poor children apprentices by the Justices of the peace p. 50. Difficulty and varieties of Lawes the Lawyers Gins evidenced ibid. The Criminall part of law neglected and how pag. 51 The policy in ruining the old frame of Englands Government ibid. The policy to evade the discovery of this ibid. London the great Monopol of Trading pag. 52 Monopolies one of the Royall trades ibid. The Kings policy in ship-mony and the end ibid. Kings Charles intends War pag. 53 Intends an alteration of Government ibid. That the alteration was made of necessitie ibid. For a ground he imposes the Eng. Liturgie upon the Scots ibid. His carriage to engage a deeper War ibid. He is necessitated to call a Parliament p. 53 Breaks it and necessitated cals it again ibid. The King seekes mony pag. 54 The King disables himself to dissolve the Parliament ibid. The Parliament questions Strafford ibid. His pleas the Parliaments answers ibid. The King attempts upon some Members ibid. The Parliament sets a guard ibid. The King practizes the Army ibid. 400000. l. Raised and the Army disbanded ibid. Ireland almost lost ibid. The dislike of the people to the Kings encrease ibid. The Bishops questioned and discarded ibid. The King flies pag. 55 The Parliament arm ibid. The King fled the Convocation follow ibid. Many Lords and Commons go also ibid. These he cals his Parliament at Oxford ibid. The Lord Keeper flies to the King ibid. The controversie twixt King and Parliament as it stood controverted between them ibid. The Nationall Covenant agreed on ibid. And the Nature of it ibid. The Kings aime in setling Government pag. 56 Exemplified in a demonstrative particular ibid. The disadvantage to the Parliament by being only defensive ibid. The divers interests that followed the divers
experience hath proved it sufficiently a plentiful portion then settle Tythes encrease Gleabs build Monasteries c. and there is another portion Colledges and Halls I will reckon to them then Physicians and Merchants so that if you seek due Reformation you will make each one your enemie and the whole world will be against you and nothing but confusion can be ushered in by the pretended Reformation you will have Parliament City Countrey Lords Gentry Comminalty and all against you nay if you will purge throughly you must alter the whole course of all commerce For there is no Traffique according to a rule of Righteousness Let Errors as they came by degrees so by degrees be reduced pull out a crazie stone but put in a good one the contrary party objected that this was to dawb with untempered Morter not to serve God but themselves that it was to pretend to do good and do evil that this was the Error of the King and the two first Parliaments that they had upheld following providence to mount into the Carr of Government that they had dared enough then against all interests Kingly Parliamentary Countrey and City by their executing Charls and imprisoning the members Garrisoning the City Quartering in the Counties Thus were matters bandied and some parties grew so fierce as anger is alwayes a short madness that they did they knew not what which yet testified that their anger was selfish others more wisely wrote but unwisely in that they remembred not they stirred a Lyon they depended so much upon their first engagement to the Parliament that they thought they might have said any thing Let truth bear sway she alwayes carrieth a Majesty and will prevail but many tell truth some with upbraidings and revilings some with cursings and others almost all with bitterness truth is ashamed by these frailties and suffers for a weak servants sake But these men concealed their names and though some wise men did so yet their writings were such as could not justly be traduced for scandall or sedition and these men neither owned their names when their books were most acceptable nor in times most dark and dangerous but some of these others owned them sometimes otherwhile they denyed them whereby they were suspected of no great integrity others did openly own their works in times of great danger under the King and also under the Parliament yea even when they opposed them in their highest priviledges some debating one thing some another yea some against the publike transactions of the State and some for a general liberty of all opinions and printing and publishing which to be setled with safety to the State and no prejudice to the light of truth is a matter difficult but of importance not to be neglected they also urged to the men in power the hand of God upon the Nation how introduced that the same or worse evils were now upon us our Courts of all sorts having changed rather their Judges then their justice that Committees were worse rather then ordinary Courts as being made of those persons who were the supream Judges and they erring all the inferiour wheels might well move out of order And proceedings in Parliament were the same so difficult dilatory and so expensive that men were even tired in body as in spirit they did acknowledge the greatness and difficulty of the work they considered interests and yet they thought there was not that expedition or integrity requisite to so high trusts in such a season of judgement And this was evidenced by the expedition in matters of interest private so called that is to the assurance of the acquired Supremacy and raising the due assessments but not in the general settlement as was propounded this draws some men to that piece so called the Agreement of the people a thing which were the people capable of such a work might if rightly stated be of great availe but indeed to put into the hands of so vast a multitude of such divers interests and that without an assured and competent number to carry on the work which in probability they neither had nor could have had without imploying the Sword-men which in it self had totally ruined the nature of an Agreement had unravelled all the work and set us as far back as at the beginning but that the propounders of it were turned recreant to their principles some particular man might or had joyned interest with the Royall party I cannot beleeve it But I suppose really they were by that party and some others of eager spirits it may be really longing and breathing after Righteousness and setling the Kingdom of Jesus Christ I fear yet in their own strength encouraged to go on in their design which some of them politickly saw tended to divide and that was to let them raign but surely these Royal instigators were men of lost condition for what could the issue have been but renewing a more deadly and confused warr for the multitude being by this Act publikely appealed to and that by the sole existent power Civill they must have assumed the absolute supremacy into the meer vulgar Ocean and sooner can you set bounds to the Ocean then their appetites This foreseen this piece was after long debate with much wisdom for the present cast into the number of Petitions Remonstrances c. of Parliament to be by their mature advisements qualified fit for propagating common interest in due time but this obstruction imbittered the more and made some spirits under concealed or not owned names to set abroach the failings errors and miscarriages of all the Members in Parliament or else scandalize them and pinching still the ablest and activest they hoped to foyl so that some soyle should remain though most would not gain credit Far be it from me pretending integrity to assert what I know not but I must hope the Charges against some men if not the most are meerly suggestions of envy to eminent vertue for I see great things done by them and their words are sweet as honey Truth is I am not so blind neither but I can see and hear that favour and friendship is the Mistress with the State as it was at Court and oppression and covetize is not banished Englands Commonweale but I must say that retorted is as true namely that it is incident to men neglected to complain and so to men oppressed I would allow an equall and speedy tryall according to my rule even to my deadliest manly enemy the want of this hath much exasperated many and gained none cordially Now in all this enarration you say what coherence is there 'twixt Christ and his Doctrine his professors and their conversation had we not better have sate still How many thousands nay ten thousands hath this Warr cost as in the Kingdomes account is evident But I cannot agree the Doctrine it was necessary to purge it is evident there was need and great need of Reformation let not the particular errors
so used which liberty being much abused the parties who upon the heat of the blood that is while the injury was fresh complained were bound over by Recognizance to prosecute for the King and so were the Witnesses but if the party or the Witnesses should refuse it it might much be scrupled what by our Law ought to be done to inforce them justly but Custome hath prevailed to go by steps The places of Trial of Crimes are either the Ordinary as Kings-Bench or Statute-Sessions or the Extraordinary and yet Ordinary viz. the Commissions of Oyer and Ter. and Gaol Delivery carried down alwayes with the Iustices of Nisi Prius at the Assizes or the legal Extraordinary which were an assotiation of more men then ordinary according to the novelty and exigency of the cause most legally and usually made up of all the Iudges of all the Benches and no other and heard in the Checkquer Chamber Now these are not to be scrupled in themselves the other and which are extraordinary and scrupled as illegal are meer Royal Commissioners consisting of Iudges Lords and other men according to the pleasure of the prime Magistrate and these were rare and but in case of great offences or doubts of imminent at lest so pretended concernment And there were two Causes the one professed which was the resolution of many wise men sworn to do right according to Law betwixt the King or State and the Subject who by concurrent Votes assured the interest of either party and surely were the Law by which they judged as plain and evident as the reason or foundation of their extraordinary judgements there would be no exception but the fear heretofore on the peoples part which is the ground to the present jealousies was in respect that Commissions pretended of that nature were aiding to the inchroaching vertue of the Supream Power to the advance of Prerogative especially after King James had made the Iudges which were the leaders in both these powers his meer Creatures by absolute dependance in altering their Patents as aforesaid from during their well abearing to during his pleasure How the Iudges Patents are now I know not but except the present condition of affairs make that now lawful which in it self is not surely such Arbritrary Patents are introductive of the heights of vassalage for if they in each Punctilio advance not the intendments and interests on foot of the Supream Magistrate be it good or evil for God or against Liberty or Bondage A Writ of Ease is next to be expected and that engages to the slander of every malitious enemy and he now lies open to the lash of every accuser especially if any litigious person hath been overthrown before him O how the man bustles and now is his time for revenge our eys have seen this and this I suppose to be the ground of fears of such Commissions I willingly avoid Ravelling Controversies upon presidents which in our Laws are so many and so diverse each from other and multitudes so contrary each to other as supream or most excellent reason must bear sway and then the arbitrium of the Commission will not be so much the question as the Law by which judged If it be objected against the adjoyning in Royal Commissions that they are nor Lawyers nor Iudges in Ordinary but Merchants c. I say there lies an Appeal to Parliament from any Court Ordinary or Extraordinary which receives Commission under the Parliaments Authority If it be objected they are meerly the States Pentioners then the Argument is against the Supream Magistrate mediately against their Iudges immediately and is remedied by appeal but this is manifest that there is no necessity of these Commissions they were continually declaimed against and denied as one gap to invade the native proper liberty of the Subject and if now inforced can but foment jealousie against the State Having now found out the proper Courts of Trial of criminal persons let us see who the criminous person is and how to be dealt withal the criminous person is vulgarly taken to be him that is accused Legally him that is convicted not differencing where upon examination before the Iustice there is confession of the party full evidence upon oath violent presumptions or barely suspition but all are dealt withal alike except they misdemean themselves and in case the matter be baylable baylable alike few Iustices looking at good bail but all the Clerks at their Fees in which case much error is where the Clerk is Iustice of the Peace or c. and the Iustice not able or too proud to draw a Warrant himself Now by the Law of England and just reason mens liberties being highly prised heretofore men were to be tried the next Gaol delivery I mean at the Sessions for the County but now by a Statute made in the time of Philip and Mary or at least under pretence of it all matters criminal being death that is out of the Rogues City of Refuge that is to which they cannot readily plead guilty of all Felonies within Clergy the still continued shame of England so that some use a hateful Proverb All Rogues to the Clergy and all Clergy to the Gallows they must be tried at the so called Assises This Statute was a great friend to the Clerk of the Assize above the Clerk of the Peace and those Iustices that will not see this Statute the Inquisitive Clerk of Assise can spy his time to fit him if he cometh in his compass which may be every Assises and though present put him down absent so he is fined forty shillings and to remedy it will cost twice so much Now in the Gaols the Schools of Iniquity they are not imployed and if any one will imploy himself he must purchase his liberty to use his Trade at the Gaolers discretion for there is no Law for it no not for Debtors so that having nothing to do the Prisoners confer notes and the older Thief Cutpurse c. still instructs the yonger in the revealed quidities of the Law Vain people think highly of these nice evasions of Law but the serious sees it makes the Law ridiculously difficult the great Rogues scape but the ignorant and unexperienced dye for it All honest men love mercy and are as loth simple Felony should be death as any but they would not men should by Custom abuse just things or endure unlawful ones or connive at wickedness Yet these and multitudes more well known have long and do still pass unremedied or are provided for but in part or for a parcel of the Commonwealth So that it is certain the generalty of men which once come into Englands prisons of all sorts as now used are spoiled for ever both as to industry and honesty yea so notorious is the evil that I have known many Justices avow it was their sorrow to be in place to be instrumental to such evils by sending one for his first offence to Gaol and likely to
may not be fit to be made publike yet the winding up as it is evident so the reasons of that issue may as some conceive fitly be accounted of at least to some specially appointed who are to be impowred to that particular end as the Ephori or Spartan Court who judged their Kings Actions the Tribunes at Rome and Democratie at Athens To this it is answered That the condition of the Commonwealth where the Rulers and Law givers are transient and personal are naturally inclined to more equality in dispensations then Kings who wholly labour to bring all to the power of their Successors Princes like them but the sons of the other are like to be under government The other reply that with all men present interest works and power present may if not bound and limited prove obnoxious and for private respects neglect publike profit in the Republike as in the Monarchick State for all are men nay experience hath manifested that many Senators have been corrupted to the betraying their estates to the Empire of a Foreigner never yet a King but to assure his Kingdom and so he was not corrupted The other return that these accidents of the world do not at all conclude more then what was done The ambition of most Princes hath made them true to themselves and the Covetize of some Senators made them false to their Country But the Question here is onely of the absolute judgement of the Supream Power and that is concluded positively to rest there in all dubious matters most unquestionably but for matters destructive to common good or to common Justice or against Reason they are allowed to be accountable Yet it is again replied these were the boundaries before to Kings and are the boundaries to all Powers all have generally broken in all sorts of Governments the examples of submissive accounting Supreams are rare one was found in Rome and one in Greece and to finde two more in all the world is difficult for who as these will be buried and have their daughters married of the publike purse when they have the Treasures of a Nation in their dispose and may benefit themselves much with little or no hindrance to the State Pitty it is the injustice of great men should give such cause of suspition and folly were it while men may not to set a bound and not to set it in the first setlements makes the proposal for the future difficult the establishment dangerous Therefore they propound that the Law be established as agreeable to the light of Nature examples of other States continued experience and not against divine institution The wise and just man will submit to that in himself which he holds requisite to require from an other The Parliament of England allowed the King a Judgement of the necessity but not che sole Judgement but that was because the Supremacy was not absolutely in him and all held fit not to vest absolutely Supremacy anywhere but in Law so that untill established by Law the matter is in question And though the time past when the Legislative power depended upon the Kings will and pleasure by his calling or not calling Parliaments as he pleased there might be some difficulty to settle dubious matters yet that Bar broken where can a let be unless we convert our mercy into a judgement Upon all this it is plain that there are many difficulties in the nature of Prerogative whereby to understand it clearly and truly All States that is the Supremacy of power do labor naturally to advance the so called Prerogative And the people generally ayme as much at liberty but Kings most and they more specially where the Crowns go by way of succession for the great part of personal Prerogative of a King dyes in a State except the Supream power will continue it but then it is requisite in such an alteration to settle justly and remedy fore-experienced and evidently foreseen evils therefore it is requisite that the continued complaints of men especially against the Kings Butlers the Clerks of the Pipe Chequer c. in their fees be setled for the paying and gaining of a Quietus upon a duty to the King is almost as much in Fees as the Rent it self Now I come to see 13. Whether the Supream power can grant the inferiour Prerogatives such as Wreck Forfeitures of Felons Royal Fishes Treasure Trove c. and How NOw for this it is plain first that the Kings have done it and these honours were never denyed for for most of them generally the charge of obtaining was as much to the Crown as the thing it self Therefore whereas they had Officers and Offices in every County attended upon every Court and some special Courts for Sea matters The Kings did give these as rewards to their Nobles and great men within special Precincts where in the primitive settlement of the Nation their dwellings were and so he was discharged of his Officers and the due Courts were let down and the Tryals were reduced all to his Court of Admiralty which as in all cases was and is a burthen intolerable to the Subject and to all impoverished persons Justice is by this turned into Gall and Vinegar especially to distressed persons by Sea for the poor people all along the Coast are like so many Harpyes wreck or no wreck all that comes to their net is fish and thus to save a little charge we are infinitely inhumane but by this it is plain all but the power of making Laws war and peace levying Moneys and some say Royal Mines are grantable by the Supream Power Provided that due means of Tryal of Right be preserved for the publique benefit otherwayes not Some say that this is generally true that is the Supream Magistrate hath power in all Laws meerly Civil but in cases religious or wherein properly the conscience may some say does scruple the Magistrates power ceases therefore it is fit to look a little at that and quaere 14. Whether the Magistrate be Keeper of both the Tables so called THey who make this controversie are not presently to be thought enemies to Magistrates nor enviers of Ministerial Dignity Some have admitted the Popes Primacy who have denyed his Supremacy others have given Princes all power some a Negative but not an Affirmative power in so called Ecclesiasticks or Church matters others take away the Popes Primacy for they take him away equalizing all Pastors and that that speciall designation befits no earthly person others bind up the Magistrates hands wholly some by denying Magistracie others by restraining him wholly to the name of Civils not sufficiently caring for by assured and preventive means those errors which have heretofore clouded the excellency of Magistracie by the pride of Church-men For were inherent holiness visibly and setledly and so infallibly tyed to either of these the Supremacy were determined but while they are all men they must have their bounds and limits Yet in the Kingdomes of the world the
by so many daily fears as the power of the Roman and the Tyrany of their strange King put upon them and the Scripture notes of divers to whom God had imparted a true understanding of the light of prophesy who kept continually in the Temple and served God day and night with fasting and prayers looking for or expecting his coming and no doubt they had disciples abroad who being instructed by them had their hearts prepared to believe him though no outward form beauty or comliness as others thought appeared in him So that their expectation was general but each one after the rate of light and knowledge true or false which was impared to him or he had received under his Rabby who read the Law to him who were of several opinions not altogether dead yet as Pharises Sadduces Essenes and these again subdivided according to the merit or acceptation of the Rabbies or Doctors of the Law The Temple was in respect of the legal strictness polluted the whole law by these interpretations instead of Gods rule become mans Fancy or at best his precept for all was now grown into the vast Ocean of subtilty of conceit and that Rabby was most venerable who could flye the highest pitch in sublime conceits so that the pure Law was made a puddled fountain and the spiritual heavenly meaning was lost in carnal voluptuousness and self-endedness there was great learning never more but never to less purpose much praying and fasting Ashes and Sack-cloth yea and besmearing their faces to suborn humility but all to hypocrisie and yet sure if in Esays time they Justified themselves against God as impotent that he could not see their fasting nor humiliation and soul affliction nor hear their prayers nor answer them by deliverance as in the fifty eighth of Isaiah then much more now when greater mercies were expected and longer time had revealed more light but they did all for pretence this and almes and all to be seen of men to devour widdows houses and enrich themselves though the whole State were beggered eager and strongly contending for priviledges but still to better themselves though greater losses to the publike accrued condemning their fathers and surely the ten Tribes their brethren who were before carried captives by the Assyrian and placed beyond the great River and justifying themselves as holy in that they built the Sepulchers of those Prophets whom their fathers had slain And by this expecting the Messiah and by him deliverance and this was the state of the Jew at the birth of our blessed Saviour born of Mary at Bethlem of the Tribe of Judah of the stock of David yet as not owning inheritance in the world brought forth in an Inn his Cradle a Cribb his consorts the Ox and the Ass the room being no better then the stable yet where God stirred up the hearts there was he worshipped by Kings if not by wise or learned men of great esteem sought to be slain flyes into a strange land and then is brought by his father to a mean village where he submitted himself to all the laws which his servant Moses had delivered not only in the circumcision of his flesh but in fulfilling the whole law and that not only private and domestick in his obedience to his reputed father and his mother Mary So that he was called not only the son of the Carpenter but the Carpenter untill such time as he was called out to his Fathers work which was first at twelve years of age to the astonishment as confusion of the Doctors which was Gods Act of preparation to those Rabbies had they not had eyes that they might not see and ears that they might not hear because the Lord would condemn them but also in the publique administration of the Jewish law appearing by his going up there to the Passover and that not only to his God as man but to his Prince yea though a heathen a stranger giving his tribute to Caesar he had also a fore-runner John the Baptist in whom I must observe that he preached a new doctrine viz. Baptism yet even the rulers went out to him and though he in his preachings shewed the error of the then sort of teachers he was not meddled withall nor opposed much less imprisoned But now when Christs time was come to preach I pray let us mark his behaviour first he goes to John and is of him baptised and then recieving a testimony from heaven to prepare the people to recieve his doctrine he then is carried into the wilderness to be prepared himself by temptation whereto his manhood in it self was subject but by the Godhead sustained and this finished whereby he was approved he now sets upon his work for which he came and as a Doctor of the law he preaches or declares the minde of his Father John he begins in a strange place the wilderness and he cries Prepare the waies of the Lord make his paths straight the Lord Jesus he follows and in the land of Zabulon in the City Capernaum the obdurate people had need of redouble blows he preaches and sayes Amend your lives for the kingdom of God is at hand and then he chooses or calls to help him in this great work of reforming sinners and that of the greatest sort poor fishermen surely as rude and ignorant as the rest in ordinary and these he makes his partners in the work and now instead of expounding Moses law according to the order of the Scribes and Pharises in the Synagogues of the Jews places of publike meetings for that end but alwaies intended for the service of the most high and true God by the Jew he preaches the Gospel of the Messiah and withall healed their bodies no doubt to intimate that what he preached of the blindness of their mindes was not only true but that he would and could heal these also he being for that end come into the world and now his fame of miracles and salvation to the body being spread abroad he hath great renown and glory for such benefits are quickly resented and now this preparation made mistake me not that I think Christ or his doctrine had need of any outward help in respect of his power who could of stones raise up children unto Abraham but in regard of his will it being so by the Almighty wisdom pre-decreed that all things in ordinary course should be so carried that no man should without his Spirit see that good or evill was to man but by means though the wise man saw the contrary he divulges his Gospel full of inward rayes of divine wisdome and magnificence but averse to the then recieved doctrine the interest of the then prevalent party or factions the Pharises and Sadduces who had the trick of this age to count all gain sweet and were not by words to aggrandize that sin which was high enough in it self no better then hypocrites even the best and strictest of them for so our saviour
persecution was not the way to eradicate Christianity and the very heathen Emperor Julian the Apostate whose heart knew horror for it as Christs politiquest and greatest enemy sheathes the sword and works by poyson but not to the body he hinders meetings under pretext of Treasons against the State and for publique safety sets up Schools of Idolatry and forces the Christian children to be there trained or els their parents dye as Traytors Now no longer Martyrs this quailes many a courage and was a great trouble and affliction to the Church but they overcome God by prayer here was the first tryal and therefore need of the greater strength They stood in the first rankes of the bataile of the Lord Christ and they were by him fitted accordingly for the combat they under went fear of death which to us is most terrible was to them unconverted frequent and therefore contemned thus was courage by example given to them should follow there is alwaies a mystery in providence secretly fitting all things to that end the Lord determines and works still for the good of his people and this preparation I take to be against the cruelty of the second beast which was to afflict the Church after the first beast the Roman Emperors was taken away the Apostles led the dance and the holy Disciples and Martyrs of all sorts followed after and that with the same faith and constancy though through variety of Torments and the persecutions were so violent that one of the learned amongst the Ancient Pastors of Gods Church Records there was but one day in all the daies of the year which had not been defiled with the death of at least five thousand Witnesses to the truth of Christs Gospel under the ten persecutions of the heathen Emperors and this is notorious that the worst Emperors were Christians greatest enemies seldome so much the zeal for the Gods as envy at godliness and coveteousness of riches the Christians goods filling anew the empty treasury exhausted by intemperancy of the Emperors or covetize of the Courtiers who were as they ever will be like graves never satisfied and is it not strange that a crucified God witnessed by the meanest of men fishermen should be thus followed and should break forth so gloriously amid flames and furies of all sorts yea every thing that was projected to over-throw it the demolishing of the outward Temples the burnings of Scriptures made but more pure though more secret meetings otherwhere and made them get the word into their hearts and memories for it is wonderful what labor the ancient and primitive Christians took in getting the Apostles writings by heart where it could never be extinguished but they should reap a greater light by it and thus God tried his Church purged and purified it by sufferings for three hundred years and not a Bishop so called of Rome or Pastor of the Church there in all that space but either suffered persecution or died Martyrs yet even amongst those Emperors persecutors God left himself not without witness and which is most notable in the worst man and cruellest to Christians Maximinus who at last glorified the God of the Christians and by new laws gave them immunities and privilidges above other men who before were thought worse then brute beasts Trajan Antoninus and others by providence in his mercy moderated and slacked of their fury to believers but never acknowledged him as this man did though he might back-slide but this is notorious that the Pagans alwaies believed God hated or the Gods hated the Christians because they saw them afflicted judgeing eternal love still by temporal favour and now to shew and evidence his power in that also and to convince the Enemies of this truth he not only gives a respite a cessation of miseries and afflictions but to shew his power all one the suddain by unexpected waies raises up contemned Christians to Thrones and Scepters and all the grand ones of the world are but the rewards of religious purity to the true God and now the poor banished soul ship-wrackt and lost as it were is brought to a haven of rest now Churches built now who so glorious as the greatest sufferers and in these daies of tranquillity the sence of present joy did more then counterpoise the sufferings past the poor Bishops are now the Emperors fathers endowed with livings and if fame lye not The Romane Bishop stole what Constantine never gave but the Decree was not unsealed till a long time after and this is Constantines pretended donation but sure it is Constantine did highly honor all the worthy ministers of all the Churches in whom the Vertue Piety and Doctrine of Jesus our Saviour was exemplar and now there is a new face of the world and surely the Christians now think themselves very happy their Emperor a Christian the power glory riches and honor of the world theirs now peace now plenty ensue and what can their hearts desire that they enjoy not The Dragon the persecutor is now gone and what doth reason suggest Now they will serve God gloriously before the service was mean and contemptible scorned by heathens in private and secret in a private house nay Barn Stable Cave or Grot any where so they might but serve him at all to live and praise him was all they looked for they were in Aegypt in bondage before the whips of the Task-masters were upon their shoulders or at best but in the wilderness but now they enjoyed Canaan the land of rest now build the Temple hew the stones lay the foundations and erect not only chambers or lodgings for the Priests and Levites but the Singers the Porters and all the train of due and orderly service and hearts were willing to the work and then purse and hand was ready and now all on a suddain the whole world is turned Christian and all the provinces of the Romane Empire crouch under the Standard of the Cross and the highest Purple adores the woaven Coat of our Saviour and now the Pagan according to his principles worships the rising Sun Thrive Christian and I am a Christian but otherwise adue Christ and God and all But they might go far who had such excellent leaders when their Emperor and Princes shewed in their exemplary life the power of Godliness so that the difference was evident betwixt the sincerity of Christianity and the vanity of Idolatry for it s reported of the Emperor Constantine that he was not so much a Conqueror of his enemies through the power of faith as of himself all passions subjugated to the rule of his Saviour he eat to live and lived to magnifie his Saviour and knowing he could never attain the height of that perfection which his Saviour had and he aspired not unto yet as he had commanded so he imitated and made him his rule and his pattern his recreations were divine Contemplations and his private discourses betwixt God and his soul were as Paradise to his soul
others either preferred before or above them yet even in this time the name of religion was venerable and truly the faith of many or rather the credulity or superstition of most with abundant charity was everywhere perspicuous love of God drew some but Pride Lust Covetize Ambition Ease and such like drew a multitude to speak of the multitude of vain and superstitious attractives I count needless as fitting rather itching ears then solid heads yet this gangrene over spred the whole body of the Christian Common-wealth and it was no miracle for miracles were become common and now the Church slept in greater security then before for who durst oppose the word of the Pope and the sword of Princes for seeing fire and faggot the ax and halter were now in the hands of the chief Christians what cause of fear to the servants of Christ and what need the Kings fear if they had the Pope to their friend yet divers of them repined seeing so much of the temporall estate each day slipt away under Ecclesiasticall jurisdiction so called as that in the time of Henry the fourth of England when it was complained of in Parliament that the third part of the Land and revenue of the whole kingdome was in the Church-mens hands and it was petitioned to take some away the first publick act of the people of England against the jurisdiction and estate of the Bishop of Rome although in the case of Johns grant of the kingdome to the Pope to hold in fee of him The Lords dis-owned the power of the king to grant as having no more but a trust in the kingdome but they did not hint that his Holiness could not take and it was vain when they saw he gaped for more then he took and took more then was his due The succeeding Kings were either so given to forreign wars or troubled with the intestine divisions of the houses of York and Lancaster that now they were forced to own Parliaments yea to take the chief strength of their Title from their determinations There had been a Law made formerly to have Parliaments once a year for as the Kings of England sought to avoid those publick conventions of the most potent Lords and popular Commons for divers most evident reasons as they conceived and upon their unjust grounds truly destructive to their Royalty for there their actions were continually questioned the actors by personal command of the Kings against Law or labouring the abolishing the Laws either fined or hanged or otherwise punished and though some Parliaments went cross to others some even justifying the acts of kings against Law and their abettors this invalidates not the power of the Parliament but confirms it for by these Acts the kings after made Title so that here the Parliament got into their hands and that upon motion of the kings even the power of appointing the king and this arose from that bloody contention between those two houses But you will ask was not the Title clear yes without doubt but the Estates that is the Parliament upon the great dislike of the present Government their hearts being alienated from a dissolute and riotous Prince sought out the man among them of the Race with whom the potent men could drive the best bargains for Riches Honor and promotion and ever or mostly though the love and zeal of the Laws Liberties but especially of Religion gave the first blow to the quarrel and suited it yet interest espoused wedded owned and enjoyed it so easie are the best natures to be corrupted and depraved by outward excellencies or esteemed excellent things But it may be Quaeried what all the succession of Princes all this while did for the Church truly all they could both by themselves and Subjects multitudes of Churches Monasteries Fryeries Nunneries Abbies Chappels all planted in the most pleasant delicious places of the Nation admirable and costly structures richly furnished largely endowed both with lands and yearly profits of Tythes onely to send a brother to preach and now the common maintenance of the Church or Church-men ceased and was made proper and after was drawn into that civil order which we now call a Parish being a limitation of the bounds of the Church for care of souls and maintenance and though indeed there was so great a sufficiency yet even then many of the Clergy were in want it may be the Pope thought it fit some of Christs Servants should be like their Master I mean of that so called and justly at first the Fryers of Saint Francis Order according to their stile commonly called the Begging Fryers for so they did upon conscience of the Rule of our Saviour Go forth into all the world take no care for any thing one coat no money not a staffe no nor sandalls these went bare-foot preached diligently expecting onely what God moved peoples hearts to bestow upon them for they beleeved that God that said The labourer is worthy of his hire would not suffer them while they laboured to want That Rome testified against Rome admitting truth for truth though living in Errour yea many of these preached against the Errours I say not of the Church but of the Court of Rome wisely as it was beleeved covering their mothers nakedness with the Fig-leaves of their temporal acquests but all were not so politick some spake plainly against the Bishop of Rome in all Ages and preached Rome Babylon and the Pope Antichrist and it might well be for Rome come to the height of outward greatness so that the Mahumetans who look for an earthly Paradise excelling and abounding in all carnall delicacies could not have desired more it fell into the sink of enormity all debauchery riotousness and prophaneness and exalted it self not onely against God kicking with the heel now she was fat but above God under the power of the Keyes for she dispensed with the very Commandments of the Almighty giving licence not onely to unlawful but even to incestuous marriages which hath filled Christendom so called with all those horrible and direful effects of wrath upon all Nations which now of late years have fallen out especially upon the Kings Princes and great men the great Merchants whose lusts would admit no denyal and so traded with this spirituall harlot for some of her trash and paint to give a colour to all their incests murders perjuries lyes adulteries rapines thefts extortions and such like and let all the families of Europe look to themselves they boast to be descended of Kings ally'd to all the great Princes of Europe but have they not therewith an allyance to the judgement which will it is probable follow these sins till the blot be utterly worn out and let them look to it they hold not but by this beast and will be destroyed with her mistake not I say not all Kings or kingly power or Rule or Government but the issue of Incest and the spawn of unlawfull Lusts I must now return to the
civill State where the Kings as I tell you still laboured to maintain their Prerogative so called by which they intended the absolute rule of their will holding all that was yielded by the Law not as datum or given but debitum therefore they refused it not but laboured to encroach and therefore there was no immunity granted to the Subject but they paid for it no right cleared but bought at the hardest market yet upon these chaffers the Kings settle the Courts of Judicature both of the Common Pleas Kings-Bench Exchequer and appoint Judges and salaries at Westminster a certain place and at certain and appointed times whereby the great and arduous causes the difficulties of which could not be determined by the ordinary Judges of the County might by these eminent and most learned or so esteemed receive a period with less charge to the Subject and to these were appointed Officers and Fees After this the Chancery was setled and the chief Judges of all these Courts I have read the Parliament were to appoint and they might if Annuall but if but every seven years as by after agreement was established it was requisite to admit the king the choyce once and then to be sure he was like to keep it for ever there was a president out of these Courts the kings raised large supports for all the Officers which were now multiplyed went all along with the Crown and yet these Courts the kings liked not but laboured to introduce other Courts the settlement of all these Judicatories by way of gradation admitting a finall appeal to Parliament in course therefore the Court of Wards is erected and that upon a good colour but a bad cause for the latter kings having seen the issues of things before as is related now neglected the warlike education and the preferment of their Wards as at first institution indeed the cause which was then that was the putting by degrees the whole power of the Land by Marriages was now ceased and now none bare less affection to the king then the race of Normans the issue being like in condition with the English ill brooking the service and vassalage which themselves laboured to lay upon the English After this Court came up the Court so called of Star-Chamber intended still as a bridle to curb the head-strong humours of the Lords and great men There were erected Courts of Admiralty and all these Courts were bounded had their Rules in all circumstances the defects of which were still as I said lyable to appeal that is to be questioned in Parliament the Law Courts and Statutes Courts of course the other agreeable to their own nature by supremacy of power neither were the Spiritual Courts so called that is the Courts of or under or by or from the jurisdiction power authority of the so called Clergy from the highest Bishop to the meanest Surrogate of other settlement yet in these the Kings were chary for they appealing to the Pope a curse might follow and who that hath a due consideration of conscience can blame the Princes Judges Magistrates and Officers of those times seeing they pretended to beleeve the Popes Supremacy of power and all other things conducing thereto But now we shall see a stronger opposition to the Pope then ever for he sending out many prophane Indulgences as for pardoning of the greatest offences and tolerating the highest wickednesses Luther a Popeling opposes and that openly before the Emperour at the great meeting or Parliament of the Princes of the Empire many of which took part with him he thus upheld and the Pope scorning the check by a paultry Fryer he curses and excommunicates him Luther writes against that and seeking and searching the Scriptures to find out how to assure the truths he had declared God manifests many more Now here I must observe that Luther broached no new matters it was the old Scriptures and the old truths of the Scripture but the men that then lived thought it then strange and novelty as being contrary to what they had been trained up in Of all the forreign Princes to Germany who stickled in this business none so hot as the king of our England then called Henry the Eight a Prince not esteemed so Religious as Warlike nor approved so Warlike as fierce every violent spirit not being for the management of Military Atchievments and to speak the truth the ease and delicacy of Court breeding imbecillitates the mind and enervates the body for the pains care and danger of War This king nevertheless had sure some design in his head to gain his Holy Fathers good will in as other Princes he therefore writes or causes to be written which he fathered a Book against Luther in maintaining the Popes power yea even in the unjustest matters that is That Luther a Vassal of the Sea of Rome a Child of the Church ought not to judge the Fathers acts nor censure much less controul matters allowed by him much less authorized nay commanded for the bearer of the Indulgences had his Letters missory or Bull so called Luther bears this shock and all and alone stands the dint of the whole so called Christian world a few men and one or two inferiour Princes with an university excepted but this notwithstanding Luther teaching and holding forth the Doctrine of Christ and his Apostles fears not and multitudes are converted I may say to the Faith from the Pope to him he appealing to a general Councel but the Princes oppose with the Emperour as well as our Henry and good reason as I before declared set the Councel to order the Popes matters and a Parliament or Dyet will by Analogical Rule argue at least rationate at first and at last determine of the rule of Princes let a Fryer question the Pope and any Subject may as well altercate with his Prince and at last appeal to a Parliament as Luther to a Councel truly all the irregular Interests of Popes Cardinals Bishops Priests and the rest of that rabble and of kings and Princes Judges Advocates as Lawyers and the rest hang upon one thread and I presume that one sword at one blow cuts at last both asunder assuredly as they have stood so they will fall together but mark Gods way our Henry was a dissolute young Prince and he married young and to a widdow nauseous to such a spirit vain though Heroick or magnanimous to give it the best among such epithites he was desirous of a divorce which he at first at least sought not so much as is most probable for conscience as humour sake for this change he seeks the Popes dispensation she was a daughter of Spain the elder son of the Church that is the most ambitious among the so called Christian Princes which now stood ready at all assayes to act the Popes pleasure He was nigh and potent and must not be displeased the Pope dallies puts the English king desirous and hoping of a divorce upon an injury to
his Crown as it is at last resented by making him in a private manner as a subject to the Pope appear before his Legat to answer his fact Truth is the very Court of England was now tainted with Luthers Doctrine notwithstanding the kings Book and these men taking opportunitie of the kings wrath blow it up to ingratiate themselves and advance their interests by subverting their enemies they instill into the kings eare a Rhetorick pleasing enough to a high and angry spirit namely that he had no dependance on the Pope his Royalme was free True his predecessors either of weak Title at first or controvertible at last of weak parts or in a turbulent State either durst not or did not openly oppose yet truly did what they could to extinguish that power that they beleeved usurped The king upon this resolves to proceed without the Pope and at last having experienced many wayes receives satisfaction and withall to despight the Pope renounces his Supremacie and gains it Enacted by Parliament But to shew his zeal to the Romish Religion he continues the Act so called of the six Article a most bloody and Popish device and executes it by which two conttary Acts a Papist is burnt for denying the Kings Supremacy and a Protestant for affirming the Pope Antichrist and such other matter both at one and the same Stake so that it was evident this Prince sought not the honour of Christ but his own interest but this foundation laid he proceeds a step further which enlightens this somewhat more for the Pope who thought he had as good hold in all his Christendome so called as Henry had in England he first cites then excommunicates him but this Prince all fire by his Colleague in Arms Bourbon assaults and had not Woolsey been truer to Rome then to England had had the Pope his Captive but money not coming timely enough hinders that but he that regards not the father neglects the son Henry therefore throughly angred finds some default in the great Church-men most obvious to Law and least favoured of the people and not at all owned in the word of God as were Bishops Pastors Priests and Ministers He therefore feiseth the rich Abbies Monasteries Nunneries and Frieries and as before the Knights Templers once faln had many sins laid to their charge which it was believed they never did so these had many sins found which it was proved they might well be charged withall which but few ever believed of them as Sodomy Beastiality Murder and the like for Adulteries and whoredoms they were known and he justified his actions by the actions of the late named Cardinal Woolsey who had as he said destroyed little Monasteries to build a great Colledge and he destroyed great ones to support a noble Kingdom intimating that he found that these would be his enemies in his contest against the Pope to whom they were more surely tied then to him so that in case contention came this was so provided for as a dangerous fire hid within his own bowels the lands he exchanged with his Lords Nobles and Servants at easie rates whereby he was little advantaged and they highly obliged whereby he got fast friends against the Papal power and they that would not exchange were noted as favorers of the Pope and from this change first arose our Lay-preachers or Impropriators so called See how God works his ends against his enemies not a title of or for God intended and yet his work done and Henry hath the glory of the first Reformer yea and his Declarations pronounced no less then zeal for Gods Glory but what he truly had others as truly deserved in his Court whose faithfulness to their Prince and zeal for Gods House yet at last by the malignity even of the contrary faction was when his service was ended and the Kings coffers full rewarded with an Axe such fickle things are Princes the sons of men and this is the promise of the faithful in this world of affliction in the life to come eternal felicity this was the first turn of the wheel of wrath against these Apostates from the purity of the Gospel and the practise of the Gospel having left the Service of Christ to serve themselves in the honors riches glories pomps and vanities of the world lusts of the flesh and pride of life and now as wave succeeds wave so doth sorrow sorrows to these children of bitterness for the son makes clean work and hardly leaves a handful of Popelins in England and this was presumed to favor more of conscience because they saw not the hire of the work there was little pay for their pains but he of short continuance Mary though born in unlawful wedlock was notwithstanding the Will of the last King or the Acts of Parliament for disinabling of her through the potency of the Popish party yet by Parliament advanced to the Throne But surely England had now well thriven in knowledge especially from the after Lights to Luther who following his steps went further in the knowledge of the Gospel truth is Luther opposed them and had his followers but the other and more and the opinions increased and spread further And to declare the truth and honor it with respect enough to Luther who deserved much of Gods people as an instrument he had raised up for their benefit his bitterness against his brethren desertors from the errors of Rome as from what they accounted his mistake gave the Papists much advantage to upbraid the dissentions of the Schismaticks so called urging that there was never like to be peace where this gap was opened that the divisions of the Church were subject to the questions or judgements of particular Christians for from hence each man as his understanding or ability was less or more should believe as he listed and trouble the peace of the Church as these Schismaticks had done to prevent which in England it having had some footing as was conceived here through the interest of Henry and the youth of Edward who though begot by a Popish Father was educated by a Schismatick Tutor The Bishops ply it hard by fire and faggot to root out all that followed the way as it was called they had many nick-names in all Ages but here they who were the Lords Wheat had the name from the envious man of the devils Tares cast upon them Lollards and they had as in the Primitive times all evils errors and sins charged upon them they were generally poor and happily the rich thought any way a good riddance especially being so at least accounted of proud minds though in beggars rags and had all those phrases of Scripture applied to them as to those who subverted souls So that here was a great persecution many hundreds were put to death in opposition to the Doctrine of the Church of Rome but the State in policy medled not with the taking away of the Abby-Lands because of the strong party that might have engaged
of God that Christ had not destroyed this Law he came to fulfill it And lastly they enforced this from the rule of reason If man had no boundary to his Reason no rule to make his Law by reason would be infinite which error had been the foundation of so many dreadful alterations as States had suffered under in such clymaterick revolutions as now this Nation laboured under and therefore they desired the drawing of Englands Laws to their primitive rule namely the Judicials This was objected against by others who yet desired a rule of righteousness alledging that if this were the Rule then it must be all so or but part not all for the Ceremonial Law being the shadow fled away at the coming of Christ in the body and that the Church of Rome had done evil yea that it was the foundation and root of their so dangerous Apostacy to carry the shadow along with the body for from thence had come their high power of the Pope their sacring of Churches as well as persons their Altars Trinckets c. their Jubiles Pardons Indulgences c. Canonical hours holy Vestments and all the rest of their trash and that one admitted all would follow and as the entertaining the amusive or formal part of worship into religious services had under the supremacy of the Ecclesiastick power defiled Church and Commonwealth taking away all sence of inward serious conscionable moral duty as well as religious and resting only in the exterior form either the pomp of the action or the act it self So now in the reformation of the Ecclesiastick power by the Magisterial Civil power the Commonwealth would at last lay the foundation of a new defilement to the Church and that this might be was too too evident by the precedent example So that we should but change the Tables and keep the false Dice still which would never better our game and therefore they said that unless there could be shewed exactly which part of the Judicials by an infallible word and that as given by Moses that is not as confirmed by Christ or his Apostles was the rule of Christian duty they would take none at all as so given for if man were Judge of a part of that Law how agreeable to the Nation whereof he or they were rulers then of all and if so then as good take pure reason not contrary to the Law of Christ and his Apostles but founded rather upon his Doctrine in the general rule though the particular application might vary in respect of circumstances so not rejecting the judicials but not taking them as obligatory as given to the Jew the people of God or typing out all Christian Nations or an Ensign of the faith but as a wise Law yea the wisest as being the dictates of the prime wisdom the same God that the Christians worshipped they not only admitted but desired such as were consonant to Christian reason to be established amongst us There were some particular contentions as first for Tythes secondly Appeals next the Sabboth then Theft not to be death then Adultery and Blasphemy to be death and these were things of principal Interest indeed But the Interest in part which discredited the whole was so visible as I cannot allow it though I may them who sought the thing as afflicted in spirit seeing the want of conscience in multitudes thinking ill of all called Ministers for some evil mens sakes open prophanation of the Sabboth by those professed a Sabboth and by the last Act restrained in part and left in other part as loose as before petty Theft death yet in the same State common and manifest Adultery go without any punishment or question all for want of a rule for we hear of long debates about it and Swearing and Blasphemy almost as ordinary as speaking yet proof made difficult and punishment easie but no conscience of reforming for few thought it a sin for the great men and the wise men were most guilty and gloried in it so that it was evident that as some sought the re-establishment of the old frame of Government and that both in Church so called and State according to the old pattern of the Erroneous Church or Apostacy of Rome founding upon the equity and useful allusion so called of the Mosaical Judicials and Ceremonials some nothing but confusion so others desired one wholly new avoiding all the errors which corrupt interests had introduced and that not only because the way of Error was before tracked and therefore easie to be trodden anew but as being builded upon a false foundation as well as by time and error corrupted and perverted Some of these though holding the truth were by a part of themselvs supposed to be in an error while presuming upon the wonderful mercies the Lord had bestowed upon them they were over-rash in their desires of a change for the evident symptomes of unavoidable ruine say they threaten us the multitude of interests are so divers and contrary how few are there to manage such a work not one to ten if one to an hundred this were to tempt God To expect miracles in a day when miracles cease God bade the Jew not destroy all their enemies at once lest the beasts should prevail against them it may hold forth the simplicity of the Dove but not the subtilty of the Serpent which is requisite in this case for you see say they what a contest hath been with the single interest of the Clergy and the scattered fry of their corrupt Courts but if you engage against all the remainders of them with the numerous off-spring of all Courts as of Judges Serjeants Counsellors Sollicitors Attorneys Protho-notaries Secondaries Clerks of the Crown Clerks of Assise Clerks of the Exigents Clerks of the Papers Clerks of the Warrants Clerks of the Essoyne Clerks of the Juries Clearks of the Pipe Clerke of the Kings silver Clerks of the Seal Clerk of the Peace Custos brevium Chyrographers Fillizer Marshals Cryers Waiters Chancellors Remembrancers Six Clerks Registers Comptrollers of the Seal Examiners Clerk of the Hamper Clerk of the petty Bag Cursiters Serjeants of the Mace Ushers of the Court Clerks in nature of ordinary Attorneys with many more and all these having their adherents for which of these but come in under some corrupt interest or other But generally the chief in Offices at least of profit as Judges Serjeants Councellors Advocates Doctors Proctors Attorneys Six Clerks Clerks of Assize c. are all the younger Brethren or sons of Lords or of their Families however of the greatest Gent. and of the Parliament men themselves and setled by the Bastard so called the Conquerour upon a politick Maxime That the Land in England being appointed for the safeguard of the Kingdom might not be brackled away therefore as all the Land went to the eldest these were the wayes of educating and maintaining the younger make them Lawyers and make the Laws dubious Offices plentiful and there would be as
unite spirits and affections whereas plurality of parties or interests nourished they generate and consider advantages as hath been evident in the traverses of this Nation You have seen the standing out of the King against a few just things made at last that many that would have been granted would not serve the turn I profess it is meer zeal to Justice hath produced this I have avoided bitterness to the utmost My only hope desire and prayer is for the welfare of the Nation and the establishing of it upon the firm basis of most undenyable verities I shrink under the opposition Truth is like to find I know the alterations of Nations come not till Nature as it were almost stifled labors for life it must purge or perish I know where knowledge is greatest Satan is busiest here must be great if not the greatest opposition what God hath I hope dictated to my spirit I have held forth to you of this Nation who are in supream Trust You know how dangerous a thing it is to alter the frame of Ancient Government you yet see its easier far to pull down then to build to you I say it must be extraordinary Justice and exemplary vertue must stablish you The temper of our old English Government in the mixtures of the three main Regiments was in Christian Politicks heretofore held the soundest of all most just and so most durable As for evil Government of Kings through usurpation of power the purity of it being destroyed they did admit and do to this Establishment without King or Lords yet if the contrary drawings of the Democratique estate or insatiate interest as old Writers have objurgated of many equals tend to the continuance of pressures either of purse or person the issue will be dangerous it 's evident the looser knots have been untied by the halter I mean the Robber Burgler c. but the treble Cord of the Religious Necessitous poor which are a multitude joyning with the pretending Leveller and Hypocritical Opposer will know their time they look for the day of their necessity There is nothing of Justice or Civil Righteousness in a strict survey more then what meer form produces or necessity among the many If there be not a speedy settlement there must be a dis-settlement the people are prone to as well as stirred up to disobedience did you command never so well if Subjects shake off the yoak or loose it but in what or as long as they please Empire must down We are now as it were in the dregs of so called Populacy the Kings attempted alteration and alteration was just but just things must be done justly and as he suffered for seeking himself so will others in their day if the expected one come mete out to you You are compassed about with difficulties every way God give you eyes to see your way still we looking at your transactions afar off have seen God going along with you Be not deceived you see it was not in eminency of Justice Righteousness Mercy and Truth acted but held forth no we saw your failings but hope of your integrity for we saw God evidently changing your Errors into a question of foresight and prudence to your Enemies so that they beleeved that Stratagemicall which was Casual or rather of providence O that all this might but raise a heart in you to serve and trust God do not only hear Sermons and for you of other stations labour Righteousness in your places your divisions shew your carnality Learn the nature of the one Covenant made with Abraham Isaac and Jacob and ratified to us Christians so distinguished from time as of Faith and Works that as much of Works is now requisite under the Covenant so called of grace as was before of Faith under the Covenant of works contend not so much whether Magistrate or Congregations be the Keeper of the first Table as both to give due glory to God and educate the people faithfully in the knowledge and practice of the Doctrine of the Gospel and you chief in power to see to govern them according to a Rule of Righteousness upon a sure foundation in all places and callings which according to the Talent God hath given me I shall here hold forth to you and that out of the so called Law of England or usually accepted Law Books of the same with the Word of God and the approved examples of our most free Progenitors wherein that I name not the Authors I have before laid down the reason I shall only now hint That its the duty of Magistrates not to regard the person of the man from whom the work comes grant it but my mite if it be pure Gold put it into the Treasury I will give much light to some and though others know much more let them also improve their talent make use of this till then Some say 't is the nature of Englishmen better to follow in the dark then go before in the light give no more occasion to that proverb I am no enemy to Powers or Authorities Here is nothing difficult elevated above ordinary frame so austere that the practice is impossible for a time or dangerous to many for it is salutary to ten times so many more It is the reducing Government in as much as may and the progresses thereof to the Rule of our Saviour My yoak is easie and my burthen light laying forth Justice in a due proportion betwixt the Duty and the Power so opening the reason of the Magistrates power and the Subjects obedience that the ancient Quarrels of Interests on either side must be little if any at all stinting the many mutterings and murmurings against the State from the default of Officers and Clerks not of the Judges themselves which if not done do all the good you can and you will be still aspersed and scandalized and there is some reason for they and their Clerks are alike for their care is neither for publike good nor common honesty all they look at is private gain the great dishonour of a State and Nation Now the God of Heaven give me wisdom to hold it forth in such order that it may carry such an evidence of Truth that all Interests may submit to this one Interest of the Regiment of Christian reason in a Commonwealth and what ever is defective may by your power and industry with the advice of such whom you shall choose be speedily setled to his glory and the comfort of this afflicted Nation and set as a light upon a hill to be a direction and president to all the Nations of the Earth That you as faithful workmen may do great things to give free liberty to the word of salvation and build up the Jerusalem of God and set on the Gates and Barrs Locks and Bolts whereby the Congregations of the faithful may be kept pure within themselves by the power of the Word and free and secure from the violences of Enemies carnal and spiritual
absolute Monarchy is the Government of one man according to his own Will without any regulation So whether he rules justly or injustly hath seemed needless to quaere supposing that the people having simply submitted what ever he doth is just though just reason with just men be his Rule But here is to be quaeried whether such absolute subjection binde the parties so subjecting themselves to obedience in things unlawful and evidently destructive to publike good To this it is Summarily answered that they themselves are not bound for as Nature doth nothing in vain so neither communities of men who act together by pure Naturals that is look at what they call good therefore as for preservation of the whole they agree to be subject who were free so for the same reason visible they may reassume that subjection into native freedom and this the examples of all Ages Nations c. manifest to be the Law of pure Reason whether their attemps were successful or no. But what if bound by an Oath To this I say the Oath must and can work no otherwise intentionally if free then to the general end aforesaid common safety and that destroyed they are loosed for the Law of Nature and for Freedom sake all reason annexes and must annex such a condition to every such Oath But what if the Oath were enforced I say it is absolutely and simply void all Laws in all Nations in pecuniary contracts the Minima hominis damn enforced Oathes then much more in main matters of liberty though the interest of Princes and great men under colourable shews and pretensions of peace and quiet thereby have caused great Wits and great Pens to abandon Nations to the lusts of particular men This cleared in the absolute Magistrate it will be more then clear in the limited that cautioned Freedom how ever obtained and by whom ever must be observed and though that the best ordet is a whole Representative to act in enforcing and judging matters of so high concernment Yet the declarative act of breach of Trust past by the major part execution as with us may be just though some say not justly done that is in manner and form I here admit of Form But some say it had in the formal part ample satisfaction according to the letter of the Law and so was done justly for if a force were upon the house it was by the house and they not questionable but either by the whole people or a new Representative and this till recalled by a more lawful power must be just This was done by Parliament at Westminster the place and a sufficient number of persons to make a Court in Law there was and the Law gives no power to inferiors to take notice of the jangles of equals especially in Supremacy of Power this in Law in Conscience they must look to themselves who did the Act if unjust our conscience is to look to the preservation of just liberties which we have and in a due way to gain those which under pretence of Conquest past or present have been gained from us and by time usurped which these men have promised who are our Representatives that is of the whole Kingdom for their general and great Engagement is First to do the Nation Right next to serve the particular places faithfully for which they are chosen and to see they have no wrong Now of these Monarchies some are Elective some Hereditary this alters not the Cause but may make men more cautions in case of the Nation whose Kingdom is constituted by Hereditary succession For if strict Order be not held with those Kings they at last devolve into Tyrannies that is not onely one to Rule but his Rule to be without any Rule not according to the Law of Righteousness but at Lust and then there is no way but alteration of the frame of Government in Supremacy 2. What is Aristocracie WHere all the Noble men or great rich men of such an estate Rule it is called Aristocratia 3. What is Oligarchy WHere a few men of the rich and noble or powerful overn all it is called Oligarchia and is seldom but a government of few 4. What is Democracie and the ends of all Government WHere there is equality and the greatest number Rule that is called simple Democracie which ever was a dangerous State as newly drawn out of confusion The next is where is the whole body thoose never so vile a wretch he is fit for the place a Tribune of the people and his Yea or No goes as far as Any's An other Democracie is setled in several choices refining the grosser pars by degrees and by wise limitations restraining the way of confused meetings and yet giving just freedoms and to keep Justice pure limiting the Electors as well as the Elected and that not onely by restraints of not such estate or no Vagabond or that hath been such no Thief no out-lawed person no perjured person no servant but some have Christianly added cast out of the Church a common Swearer Lyer Tavern-haunter Prophaner of the Lords Day a Gamester Some now may as well say any one not received into a Church-fellowship This yet being the work of the Supream Magistrate the more warily ordered the State is in reason constituted the more durable By this it is plain that all subjection was admitted for protection and that protection merits and may require subjection and subjection protection that this power imployed against the end is in Law that is the radiance or glympse of Divine Reason in man utterly void and all of them intend but the same thing namely publike good although they seek it divers wayes 5. What form of Politie is best THis past I now come to to quaere which of these forms of Politie is the best Wherein I cannot be of opinion that Aristotle onely out of affection to his Pupil raised Monarchy to the top of Excellency for why should he not as well have set his King above the Laws but this indeed he did not resting in a limited Monarchy wherein the Law was the Kings boundary and surely he knew no King limited but in Greece specially in Lacedemon where I take it he was subject to the Ephori and by them to the Ax and the Halter c. I find the excellency of a Kingdom above a Commonwealth rather by not having the Evils of Ambition and quarrels for Supremacy then the good of Common Justice Right Laws and gallant Spirits begotten and educated T is agreed a King is more easie to be corrupted as is and hath been ever manifested in all ages and though it was then preferred as more easie to reduce for few would then stand against publick interests yet now it being made the Idol of vain men and the Christian world wholly o're run with vanity it is hardest to be reclaimed for things are evidenced to be easie or difficult as interests are Yet Divine Providence hath here blown upon all
or default the offender to be punished and in case of inconveniency the place to be dispriviledged Again It s no dispriviledge to a Free-man to have men attainted of crimes severely punished yea in some cases not agreeably to the letter of the at least present practical Law As for example a person dangerous and oft suspected for criminal matters as Robberies Burglaries Thefts Cutpursing and the like is acquitted by the formal ignorant or packed Jury for want of a clear more then noon day evidence which is now with Jurors through the servile terrors of selfish Judges expected if such a one for the peace and welfare of the Publique be detained in Prison made to work c. so one who hath had his Clergie several times So of gallant Rogues who live high and can give no account how they come by their expences to secure such is no doubt the great priviledge of the Subject These matters can never prove prejudicial to just or good men in a well ordered State they tend to the well setling of any State and although some may abuse such power against good men sometimes yet this is well known That that is the evil of men not of the power punish the men and appoint better but necessary power must alwayes be upheld This may be much opposed by some whom I have found earnestly to contend that prisoners convict of Theft and Vagrancie common Milchers and Pilferers could not by the Law be polled that is have their long haire cut off no not when it hath been proved they have made that instrumental to their roguery The Custome of old will not prevail but their new fancy that nothing of reason is Law but what we have an adjudged case for this must be maintained for this is their Diana who so stickle for Rogues and therefore they will not do this but advantageous customes are revived or created though no better and less reason thus they Tyth Mint Annise c. It s no dispriviledge to be enforced to plant yea if a Law were to plant the North and West side of each inclosure with fruit trees and the South and East with Timber and other wood and when any Close were above four Acres to have one row of Timber or fruit in or about the midst It were no dispriviledge to have all Commons inclosed and improved a certain quantity only kept for the meer poor of the Town nay it s the only way to advance the Nation provide assuredly for the poor who now all are eaten out by one rich Clown and make good roads for Trade and take away the Nurse of poverty It s no dispriviledge to alter the Heathenish days of the Moneths and weeks and idolatrous ones of Saints dayes Feasts weeks c. Nor to admit no Market or Fayr of speciall note save on Wednesdays and Thursdays so called that going and returning be not at all on the Lords Day No nor to take away multitudes of old needless Fayrs in England the principal end as practised being only drinking and wantonness It s no dispriviledge to have a Law that no ground within a certain space of a City or walled Town be plowed but all for pasture except allowed and that onely once in a set quantity of years by the Magistrate thereto appointed for necessity and then not except only for Roots Turnips and the like It s no dispriviledge to be punished for keeping Swine or using certain Trades in the heart or great streets or neer thereto of Cities and great Towns alwayes provided they be not tolerated under a rent or any payment to be enforced to sweep streets cleanse Vaults avoid Dunghils yea if it did extend to the avoiding or purging the belly of other excrements then water in any place and not bury it It s no dispriviledge to have the Magistrate set a rate upon what can admit it nor to punish the inventors or wearers of new Fashions It s no dispriviledge to enforce by Law to Tyle or Slate all houses in Cities and great Towns To conclude a general Law can be no dispriviledge nor any Law which truly intends publique good the not equal administring of that Law is a dispriviledge but then the fault is in the Judge not in the Law though it may prove very burthensome as in times of Prerogative nay destructive to a particular which evil will and ought to have a speedy remedy by complaint and due punishment not by alteration of the Law I come now to the last controversie of Priviledge and dispriviledge that I remember that is That men of such Estates shall not keep Hawks keep Greyhounds Guns setting Dogs Nets and the like many have questioned me what benefit we had by all our labours hazzards payments c. if this were practised they had as live the Lord Matravers should take away their goods as the Justices of the Peace but being informed what they did was according to Act of Parliament what he did by meer power what he did was to break the hearts of the people and fit them for slavery what the Justice did was to restrain the vanity of youth and keep poor people to labor that through the vain delights of sporting they might not neglect their Family what he did was to enslave poor and rich equally what they did was only to regulate exorbitancy and looked onely at inconvenience they all resolved the thing was just they would willingly submit and desired a certain enforcement of so just so necessary a Law 2. That trade should be regulated which most assuredly as to well working making fitting and trimming of matter is out of all doubt necessary if not of necessity but as to the times and places of sale wherein one Merchant or Tradesman may outreach another and may border upon particular interest that is not so easily determined only this the Supream Magistrate must take a note of direction that there is two evils which to well settle a free trade must be provided against First to loose a rule which is to place the superintendencie of power in the vulgar Artificer which will at least end in confusion the next is too strict a Rule giving the Masters of the Company as you may call them such a power as they shall make Laws and enforce the execution upon such terms as shall out all Freedom but only in name therefore some general Rules must be laid down and every County must have a Conservator of Liberties of Trade to restrain from unjust encroachments either of the poor by multitudes or rich by power and this will sureliest settle the foundations of all Priviledges But there is one Priviledge more yet remaining which is as it were the essence of all or rather that which in the enmity of the world doth secure all the rest and that is that the Subject himself unless he forfeits his liberty be master of his proper Arms and imployed in the setled Militia of the Nation For it is
Taxes as for the preservation of the place intrusted And surely though to avoid the usurpation of Princes in the Jealousie of Liberties such resolutions have been it is as lawful to lay just Taxes upon the estate as to erect fortresses by the labour of the Citizens and charge them upon Guards Watches c. And to confiscate estates or inflict punishments and that to death upon obstinate and deserving offendors And this must be or the folly wilfulness or pride of some few may be instrumentall by evil example to render all desperate as too oft experience hath plainly manifested But the truth also is that the sufferings of particular persons ought in equal Justice to have some sort of compensation those especially which come from the own party and not from enemies for a full recompence if in all cases would but lay the foundation of Civil Jarrs for interest sake in the purest Commonwealths among men and have therefore been avoided By this it is clear that it is not so much the diversity of Reason as of interest that hath brought forth this seeming Law of contradiction both cases being in time of eminent visible danger war at the door allowed and acted by prudent and Just men Now in our case let us see whether the Subject may be so dispriviledged in time of peace This will not extend to life but to liberty and estate onely or most properly As for example Commissions to Salt-peter-men to dig in the houses Cellars Hosteries c. of private persons and the like much Quaeried as almost every thing is in preparations to great alterations of States So the putting down of Fayrs cutting up of Woods in places of Robbery making Causywayes through Marshes or Fens of particular men yea forcing the sale of Lands for works of publick necessity or it may be of special convenience to the publick as put the case upon the making of Salt or to plant Sugar or make Gunpowder or the like Now there is no question but they who have ultimate power have the liberty to enact Laws which shall with equall Justice relieve the publick necessity and satisfie the Right and Claym of the proprietor yea though he were obstinate not only not to admit the entry of his house but also to convey away his Lands without the scandal of Ahabs forcing away Naboths Vineyard for no supream Power can do that either for honour profit or private pleasure without incurring a censure of unjust onely the publick good and that in a more then ordinary manner can make such Acts lawful For though we may have salt without the Nation and so Gunpowder and Sugar yet these being matters essential to the wel being of a Nation within it self may and ought to be and will be provided for in a well governed State to be prudently improved And for Gunpowder and such like the State may assuredly become the sole masters of it both for making vending c. for such things ought to be in the publick Cognizance or there is little assurance Not that I would open a gap to Tyranny for let unjust Rulers know God will find them out and their own store-houses shal be made their enemies Magazines but to wicked men if they have power you shall not need hint what is lawful they regard nought but interest for the Judge of this common good I refer you to the former Quaere of the same Nature and having asserted that the chief priviledge of the subject is just Laws justly executed We come to handle the due execution of those Laws and Quaere How and where the Laws are to be Administred and whether in the Native Tongue c. and the times of Judgement I Find not any Nation in the world but had ever their Laws in the Native Tongue and in the due bounds of Cities Counties Provinces or what you please to call them except in case of Conquest or absolute power though not at present conquering yet claiming by conquest and mostly admitting no gradual appeals but at a jump from the lowest Judge to the supream I agree an abundance of Reason in Gradations and also of unreasonableness and as with us now practised insufferable Tyranny and Extortion in most cases while seeking Justice doubles the dammage original We all agree walking Courts destructive and therefore our Ancestors got those of the Kings-Bench and Common Pleas made sedentary and wherein lay their insufferableness but from the excessive expence of the suitor in Travail and attendance if so then it is the duty of Judges in Chief or Law-givers so to settle judicatories that the remedy be not worse then the disease and be salutary not only for the wronged but to the Nation and people for it is the duty of all members much more the Supream ones of a Nation to see to the evils and sufferings oppressions cruelties and extortions acted against any fellow Citizen For what is this mans evil to day if once made but a president will be justified as of Right against another man to morrow And if this be anywhere held forth in the Constitution of Government it it most evident in a Republique We all agree the Law is our Rule of well living and that each man ought to be punished if he transgress And the Law it self saith That no man shall be excused for his ignorance And therefore Laws ought to be fitted both in the Tongue and phrase to the meanest Capacity otherwise the Law becometh a snare as ours hath been too long And neither ought there to be so many that a man may not well comprehend them and multitudes of particular Laws is but Civil Popery as well as holding them forth in an unknown Tongue And sure in reason it is as great an error and obliquity to the body and estate to speak to me the Law in an unknown Tongue as to the soul The open and evident reasons of this mystery is First the Norman Conquest setling the Law in French Next the Roman yoak making pleading in Latin and the Reasons making good this is the pretext of Learning which as to the French part can never be approved for it is an antiquated Language in it self now wholly disused and when used then onely in one Province but ours is neither written pronounced nor understood as that old Idiome of Normandia was And our Lawyers to make it wholly private have used all means to draw it into the form of a Canting or Gibberish for it is punishable in Moots to pronounce in the true Dialect but we must use the English reading to the French writing or rather French corrupted by ignorant Clerks which rendred our books exceedingly imperfect and even the best of them but by the sence not to be wholly warranted The private reasons are first this breeds difficulty that contention and that gain to the practiser The next is a quaint one and would Justice and integrity warrant it might bear some weight but there is nothing in the
ought be paid out by the Guardian but necessary expences according to the proportion of the Estate at a fixed rate not above Let the Guardian be appointed by a sworn and also answerable Magistrate for the value And the discharge of that Guardian or any Guardian by Nature or Nurture as to any estate accruing to the Infant under age so they be visibly responsal at the time ought to be as good as any mans of full estate and as to them that are visibly unable or evidently debaucht indebted c. then the person or persons that are to pay ought to pay it to the publick Treasure of the City or County which ought to that purpose be setled to be paid at full age to the infant and in the mean time 5. l. per cent and no more or four as the chief Magistrate shall see reason to enact And for successions in inheritances to real Estate let it be in case of the death of any brother c. as the Magistrate shall agree whether all to the next of the whole blood or the son of the second wife to succeed before the daughters of the whole blood Or in case of division a double portion to the Eldest and the rest equally divided the division to be made by three persons one chosen by the Eldest a second by the rest they two to chuse a third man and for personal estates all to be equally divided and the division as to value to be setled who ever be intrusted to the ordering of the matter before ought done besides burial of the dead onely decently and paying of debts Whether it be requisite to have Cities Town Corporate c. And they to have Priviledges and Laws And whether all ought to have like Priviledges and the best way of trial of Laws or probation of Laws and by-Laws AFter the youth be grown to Age they are to become sharers in Trusts and Duties and Offices of the Commonwealth some in the Countries some in the Cities for the evils of Depredations Thefts Roberies c. did at first necessarily cause men to gather into Societies and Companies and the same end of safety in time of War to have strong places to retire to is still and the same necessity did inforce Laws diverse from the other places of the Country here were Taxes for repairing of Walls Bridges Defences Watchings Wardings Pavings cleansing of Streets Common-Sewers and the like which were certain hence the taking people infected with the Plague c. from their own dwellings and removing them into places specially appointed according to their quality hence men are liable to Laws of conveniencie temporary or ought to be and that for peace sake which saves life absolutely healths sake and trades sake which are but comforts of and for well-living but most assuredly Cities being necessary and Towns It is necessary and of necessity to maintain and allow a necessary distinct Law within the Precincts not as Franchises against Law but of diverse Laws according to the necessity of the place and the trades there driven Now the Laws of Cities c. though they must in the regards aforesaid be diverse yet in respect of their proper nature as bodies corporate they ought all prefixedly and positively to have those Laws set and known and a due enforcing power in a speedy way for the standing out of a man in a tedious suit cools all obedience as Experience manifests clearly Therefore draw and settle the Government of these places by a head Law the Charter-Grant is but the foundation of Bribery and Extortion Nurcery of Prerogative and Arbitrary Liberty and fit to be avoided Experience hath so evidenced the Truth that I cease to contend and onely assert This head Law must distinguish Inn-land and Sea-Towns and Cities for the other Laws respectively they are communicable generally one to another onely the particular Regulation of Trades which must have special power well setled to regulate the exorbitances of the Artificers particularlys And to that end they must both Cities Towns and Companies have power to make By-Laws which are to be approved Now to that one word to the probation of Laws and By-Laws which being respectively for the Nation Cities Towns and Companies of publike concernment and what are of particular use may have a general influence Therefore it is requisite after a defect Seen to propound the defect and remedie which the then chief in Trusts respectively for City Town or Company think fit to the City Town or Company That being done the same to be promulged for a Law if allowed but not so to be received for a short set time during which any Citizen Towns-man or Artificer is to bring his Reasons in Writing against that Law and propounding a better or offering expedients to remedy visible evils and only leave their Reasons Then is the Supream Officer to cause them to be searched read and debated if great difficulty arise to take the opinion of the Judges in Circuit appointed who are to determine the difficulty or the Law as appointed by the Magistrate to stand if they find difficulty then to state the Case and present it to the Representative of the Nation who are to discuss and allow the same alway es provided that for Regulation sake from one moneth after need seen of a Law and promulged by hanging up openly in several the eminent parts or places of the City Town that Law to stand though not so good till another Law be established by them or the Supream Magistrate for better an evil Law then none at all No Law after once established to be questioned by particular men which enervates not onely the particular Law or Priviledge but tends to confusion and as no City nor Town so no company ought to be without due Regulation nor any person but in and of some Company Decree or Order setled and known Whether and how Customs are to be admitted as Law CUstom hath necessarily been accounted part of our Law and that rightly as to the Rule namely That no Custom is good unless the same be reasonable yet this admitting of Custom among Christians is of the prophane Apostate Church and Commonwealth for by this Rule the whole Family Township City County Nation may as we have done live all dayes of our life under evil wicked and pernitious Customs Therefore the Magistrate ought to admit nothing to be pleaded as a Custom untill allowed by certain Judges who allowing or disallowing the Custom as reasonable that is justly to be used by not onely men but Christians the same is equal to and is indeed the Law temporary or setled for a certain limit or more generally or universal as the nature of the thing is this will avoid the ingendring of all sorts of corrupt envious and self-seeking Customs and cool our greedy devillish upholding of them by manifest and open perjuries and the like Then that all particular Customs of particular places be inrowled under
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
be composed if this will not do let a Magistrate allow a legal controversie Then let his Case be set down specially as it is after the nature of an Action upon the Case and let Oath be of the truth of it and that he is able to make it good by Law let the Case barely be stated no Conceits no Opinions but the naked truth which the Complainant is to make good Let this alwayes be within twelve moneths after cause of Action Then let a Summons go to the Defendant by a sworn Officer from the Court or the party or some other making Oath of the Summons if he appears not let a Note be fixed to his door under a severe penalty to any one to take off requiring appearance or to shew Cause if neither be done let the Trial immediatly be awarded if he appear let the day of hearing be ordered and entered in the Court-book and that truly by the Clerk under a severe Fine immediatly to be deducted by abatement in his Salary after which time let a Jury of twelve or six men for it is not the number that doth the work I think six best but that contest is not worth the while the alteration of an old received way is the greatest objection be warned not under the penalty of twenty or one hundred pounds and nothing ever paid but of ten or five shillings to be assuredly levied to the States use immediatly of Course unless sick in bed or otherwise imployed in the Service of the Commonwealth in the County above twenty miles or hindred by Providence which Causes sworn and allowed may excuse or essoyn him for not summoned the Officer is sworn and must admit no present contest Now the men must be knowing understanding men and of estate to answer dammages if that be continued if they give a false Verdict which is just being they are properly Judges of the dammage now if they and the Judge differ upon the Law let them do it at their peril for the Case let it be stated the Judges and their hands with the Counsel present set to it and let the yearly Judges decide it and if the Judge be faulty let him otherwise the Jury be fined to the State and if they give a false Verdict that is go not truly according to what is truly alledged and proved unless they or some of them of their own knowledge know the thing of which they are bound to give the Court publike Cognizance for Juries as other Judges are under a Rule of Reason and Common Justice then Jurors must be of the next inhabitants to the place where the fact was Committed of the vicinage neer dwellers so that they know the parties their lives and conversations and thereby judge But there ought to be no relations of Consanguinity or Affinity within three degrees for although spiritual or publick relations ought to be preferred above natural yet this is now little known less regarded Lastly he must not be who is a Jury-man a common Swearer Drinker Company-keeper nor ejected any congregation as an evil person an offender against the peace and quiet of the Nation or one that hath declared his opinion before sworn It is agreed it is best object against the Juror before sworn but what the court is mistaken in ought not to be proceeded in therefore till they be as we say gone from the bar just objections may be offered but the Judge must not allow objections as to favor or surmises after sworn if it be let it be proved for let no Juror after sworn be dismissed but the reason recorded and this proof is easie and then let him be fined When Judgement ought to be and Execution And when void IUdgement ought immediately to follow Execution unless some just cause and that only in Law be offered and for execution notwithstanding the cause which may be for delay alledged let the goods be secured or the money deposited or no cause allowed And if the party be present let him enter caution immediately to perform the judgement or otherwise to imprison his person is not dispriviledge if he be able till he performs it let the caution be setting his hand to the judgement which ought to amount in Law to above all Statutes or Customary Judgements alwayes provided if the execution be not within twelve moneths upon any Judgement whatever the Judgement to be void for the long hanging of judgements and other securities is also legall injustice I say no more Offendors in impannelling Juries Imbracers and the like FOr offendors in putting in knowingly unfit Jurors in any kind let them be fined and the Fines high and deducted out of their salary if any in hand otherwise by distress besides loss of that place and disabled of any other for at least some years for it must be perjury for he is a sworn Officer For drawers of Iurors or informers of them aforehand to draw them to one party let all be upon presentment and tryed and fined What Distresses are lawful THe Law is just that no man be destrained in that whereby he principally earns his living if ought else be But to distrain one man for a Fine due from a Hundred Town c. this is hard without speedy remedy is unjust let this be generally committed to a Court and right done as the fact appears that is let an equal rate be and the Constable and Overseers gather it and pay it immediately with respect to his dammage adjudged and set and if they will not let the Court enforce the rate and all charges upon it and so in all other Cases What to be done in cases of waste c. IN case of waste let the forfeiture be certain for Tenants for year by Lease let it be their Term except an incom be and for that let a Jury mitigate For Guardians of Infants Tenants for life and the like let it be treble dammages those to be assessed by a Jury What to do in Commons THis is a matter of large extent and is one of the great sores of England which wants healing Our Commons are either appendant appurtenant or by reason of vicinage and were originally the relief of the beasts of the Plow and for the breed of young Cattel for the Freeholders and do primarily belong to them and as their Farm was so might they put upon the Common greater or lesser quantity of Cattel according to proportion But long since the rule of Commoning was lost and Commons are become the ruine of the generalty of the poor to whom Commonage belongs not For first they get a Cow in Summer and live idlely of that and not providing against winter they buy dear in the Spring and sell cheap at winter and the rich so long as the purse payes not few regard how things go by this at last miserable and remediless beggery ensues besides the general neglect of Commons as of all matteâ—… of publick interest whereby many poor are undone
better for see how Lent was kept lay in so much flesh before as served the household And so it would be ye will say for two dayes in a week I agree it therefore I say truly observed therefore as in the historical part I propound that the reason of every law be divulged and conscience from conviction of the benefit of it engaged to obedience and no way like that as the examples of Catholique abstinence now manifest But if the Magistrate would use force I shall offer the best and most reasonable way which is to send to every household in every town so many fish at an equal and set rate by him according to the number of his family so many fish for every head by the year accompting two daies in the week wholly for fish Now the benefit of the preservation of yong Cattell is great and warily to be provided for therefore let the Magistrate enact that all Lambe killed before such a day shall be forfeited and the killer and eater to forfeit a price So no Chicken Turky Duck or Goose till such an age no Rabbit till Midsommer And that in Two great respects First till that time they bear little grouth and do not much harme if well looked too Secondly the wool and skin is then serviceable Now for Calves the laws for rearing of yong Cattell must be made in them more certain for Bull Calves needs not in many places to be preserved equally as others some also are plainly unfit for to be reared at least by opinion Therefore there must be a loose to them more then others But to setle all to provide that every second third fourth or fifth Calfe be reared up or so much paid to the hayward of the Town And every Town to have one seems easie and feazible Whither losses at Sea by Piracy ought to be satisfied by whom and how ASSuredly the taking of customes c. engages the Supream Magistrate to the guard of the Sea now this done many think the work is done and customes are due clearly but the Subject must bear his private loss Others Christianlike say that there are providences which none can eschew and for these each one must bear his own burthen Next there are remote places wherein Traffique is thought setled Yet clearly in dominions of other Princes and States and that for any Supream Magistrate to assure their Subjects in all places is impossible Therefore the Engagement of the Magistrate must be setled First that the Piracy be within such a precinct or bound Secondly that it be a vessel of the Nation Thirdly of goods lawful but not that if any goods unlawful were in the Ship no recompence be but that recompence be only for lawful that is not goods prohibited whether for importation or exportation Fourthly to a Subject of the Nation in other cases let the customes of Nations prevail But in these cases it is just that Recompence be to the loosers by the Supream Magistrate out of prizes taken by his men of War which ought therefore to be valewed and returnes made Annually to the losers as their losses are proved in time allwaies provided a high punishment bee to him or them abuse the State Now there is great difficulty made of the proof of these things But we perceive it is easie to the State if the Governors have a minde for the lading will appear in the Bill or Cocket if they have it if not and That that be miscarried they can have what they can claime out of the office from whence they sailed And the Principal Merchants can quickly make out the work especially if all Merchants be brought under rules of Trade as they ought to be what ever is yet alledged to the Contrary How all Accompts for the Common Wealth are to be setled c. THis ought also to be done in the several Counties there are the men best known and their dealing Admit complaints to men impowred and that with speedy and due Justice and small charge and men in conscience will complain oft where little or no cause is but that is quickly ended But make it difficult and Envy and Malice are the only accusers men do accuse then not of but out of conscience only Let the times be set positively wherein to have all accompts cleared and yet let none be called to accompt upon error after a set time for I would have all formal accompts cleared and burnt once in seven years they are not worth the keeping let the Auditors be carefully assigned who are to prove the accompts and let the punishment be in case of Error or Arrears securing estate till cleared and the person except good Sureties be for it is clear it is the due prosecution of justice is the great priviledge and if nothing but securing persons will keep them in due order let the work be done For the Iudges they must have power to call to account as oft as they see cause but all to be ended with the year as aforesaid And let all Treasurers and Officers have their fees from the State as before Next let them have their offices onely during well abearing and so much in the pound truly for all discoveries of deceits and the work will manage it self especially if once the erroneous principle of conceiving it unchristian and unbrotherlike for a brother to enform of a brother be beaten out of the world In whom is the Right and Power of Calling Councels THis is a great Question much ado is made concerning it in the world and yet all to little purpose for that most spend their time onely in treating what was done but few upon what right it was founded It is not nor cannot be intended here who should Congregate the people in Civil Matters No it is intended in Questions doubtful troubling the peace of the Churches of God Now it is plain by what hath been said before that the latitude of the Magistrates power in these cases is only the preservation of the publick Peace otherwise he hath but the relation of a private Christian Therefore as Emperour King or State to settle or convene a Colloque Assembly Dyet or Councel Provincial or General he hath no Power in a Church-way It must be only prudentiall to assure or continue the publick peace in the best way they may wherein all things that are not unlawfull and be expedient become lawful But to assure the jealousie of the Supream power it is not requisite to have such publick Conventions without the Magistrates permission but to turn this sufferance into a Right was an Error Again for the Churches to desire the Magistrates permission and after to enforce a Grant or summon without was a greater fault for their profession admits less deviation just Magistrates will not deny the Churches lawful meetings while the Churches seek but lawful things lawfully Now as the Churches have the first insight as by Office into Church Errors it is their duty to