ballance against Iustice but wind and dust This Machivellian reason is of the corrupt Court viz. men by these private litigations wranglings and contentions are fired in spirit each against other and so are taken off projects against the publick peace of the Nation but a Christian will easily beleeve this reason heightens both publick and private vengeance Besides this blind reason makes no distinction betwixt poor and rich just and wicked men but put all to the Oare and let them tug for Mastery and the Lawyer sets on the bank and with their labour is carried into the Ocean of so gotten riches this I presume sufficiently evidences that the Laws ought to be without any question in the Native Tongue plain and few and nigh at hand Next let us know how we should have them administred wherein waving the private interests aforesaid the matter will be plain for it is agreed on all sides That Iustice ought not to be delayed no more then denyed or sold the Subject demanding this had no more but Iustice when it was granted in the so called Magna Charta Now I suppose this delay must intend not the customary time of lawing but the due time and that peremptorily except in cases of so called Essoyn that is when such due case in Law appears as all reason must agree there can be no proceeding but with greater wrong to the other party then the stay can be to this which is injustice but the truth is to have so many reiterated summons formal and costly for small causes is yea though it were Law that is formerly so either established or practised unfit to be so continued And in many cases formal processes are vain dilatory and ruinous and the Subjects priviledge is that is just mens to have all such excrescences cut off and meet Medicine applyed to the wound the want of which after so many Vows Covenants Promises Engagements c. giveth spirit to the enemy and sets an edge upon their reproaches and deadens the hearts of all true friends to Iustice and Righteousness Some Nations would never suffer the Sun to rise upon a crime unpunished committed after the Sun went down and so not go down before punished if acted after Sun-rise you must suppose complained of and possible to be effected But the meaning is their punishment was immediate others gave three days others fourteen dayes Now the best men alwayes give the least time yet enough delayes whether in criminall or Civil Cases alwayes are the nourishers of corrupt ends if not perjuries our Judicatories are for Civil Cases in some places weekly but the business in formality depends a quarter half and sometimes a whole year let there be justice done under a penalty Now the trick is delay till the Witness be gone or hath forgotten it or can be wrought off or the Jury fitted to the turn The Heathens abhorred what Christians practice for the Criminal part the Sessions are or ought to be four times in the year but the now Lawyers are so afraid of their own Law for it is so doubtful that few but the Superiour Judges who by reason of their places must do or will understand it And hence men for ordinary acts lie sometimes twelve moneths two years in prison by Adjournments and no penalty upon the Iudge for he is seldom evidently faulty but the Clerks no Commission to try him or a defective one whereby the prisoner is without all Remedy Next the Processes for the Tryal before the Iudges are not every mans purchase and the appeal being onely to London the charge which rich men and free men count nothing of is to poor men destructive and unsufferable And we had need call for setled Courts and Laws and the Judges to determine by a day under a Fine or Penalty for in Arbitrary ones and so remote as London from many parts and the Clyent must go himself or his case is lost and undone where orders are gotten to day and then the party out of Town revoked to morrow and Order upon Order Term after Term and Judges sittings uncertain onely when they can be perswaded together What is it but the Abyss of confusion and that which threats most direful plagues and judgements to the Nation let the honour of the Nation be never so much pretended yea though these acts were done to enemies both of God and men solely and onely For pure and holy Justice is prostituted if not ravished nay is then made the Bawd to each exorbitant passion and affection Wise and Just Law-givers must therefore settle Courts in due and fit places times frequent and ordinary yea if it were every day and enforce prosecution under due penalties And in case of appeals while appeals which in respect of difficulties and that of moment may be betwixt persons mean and of small ability that they be setled in due places and ordered in such manner that Right may be done to the meanest not as in the formal way of so called Forma Pauperis and all the Processes thence issuing where the cause is determinable all Dilatory Pleas excluded and errors of course amended and no error pleaded after issue joyned These are principal priviledges of free Subjects but indeed the highest and greatest are least understood or regarded by the many Now whether these Laws be administred in the Towns Hundreds c. is in the Supream Magistrate surely in the County and in a due place there both for convenience of Travaile and Reception of Suitors not in Confinio Comitatus The reasons for and against this will not be worth the while they holding forth nothing of moment more then what is before declared onely this That by this means every County will have a various Law and carried according to particular interests of places and persons but this is not be esteemed for we allow the Supream power the enacting the head Law So that the Law will be the same though the dispensation may be diverse then as it is now and ever will be for bind what you can a wise Iudge will have or make to himself a latitude but if truly wise who will grudge while Iustice indeed is his onely ayme and end But to avoid such and the like Objections If the Supream power settle County Courts both for Law and equity and admit once yearly itinerate Iudges to receive the complaints of Suitors against all other Iudges and for determining difficult matters in Law after the manner of the now Assizes it will take away all the grounds of interested objections against the necessary administrations of Provincial or County Jurisdictions which some frame from the reasons of County as Congregational Independency or their seares of introducing the Churches giving an Analogicall Rule at least of exteriour Governement to the Common-wealth Now having taken this short view of the Laws Administration let us in the next place consider the Qualifications of the Law-giver and Law-dispenser whereby Iustice may be executed
might be just but the way of undertaking disowned and they soon quelled by the valour and policy of the Lieut. General who had also with as much confidence as cunning strangled it formerly at Ware How warrantable all proceedings were I cannot at large here discuss but this is evident as souldiers they could not so dispute the matter but their way was unjust what ever their cause was as Subjects they could but Petition untill a lawful power or just necessity headed them This awhile obstructed the relief of Ireland together with some scattered scrupling objections as that the Land was theirs Originally ours by Conquest onely c. Which Arguments admitted would reduce us all to the mountain of Arrarat and make all Nations fight there if they could finde them till they had the possession which onely they could prove was the first indubitable rightful possession of their first Ancestor after the flood not that I think it lawful for one Nation to dispossess another at lust but possession anciently acquired is just till lawfully evicted and if the contest be drawn to the Swords decision it is at least lawful on the Conquerors part But really what ever appeared in it all these were but the stratagems of the defeated party of the King to foment if possible new quarrels among the Parliament party to give some new hopes to their dying yea dead-hearted cause who meeting with discontented hot and eager spirits were easily seduced yea so as to declare for the necessity of introducing the Son when themselves agreed to dethrone nay execute the Father and so far may men be seduced by false interests but some did highlier engage declaring the Parliament no Parliament and charging of some men eminently instrumental to their own design as absolute Traytors yea higher then the King deceased How things came to this height is not worthy the controverting here but this I must say the Author was a man of a high spirit and good natural parts a great sufferer for the common Cause and promoter of it but in stead of reward expected sleighted in what was acknowledged to him as duly merited and upon mistakes as he avowed imprisoned by his own party thus highly exasperated he engages a strong party with him who urging highly the failings of others by opening errors lay the seeds of new divisions as is objected against them and he is upon this miscalled or called the Prince or Ring-leader of the so called Levellers wherein I shall to clear all interests on foote speak a few words concerning Levelling and that both properly and improperly that is both as it holds forth a just Rule and is scandalized and an unjust end and therefore to be rejected and the contest is but the same of Satans old way of malignity There are just things held out under the name of Levelling which he would hide and his instuments therefore I beseech all holding forth a profession of Christianity to walk worthy of their high Calling to which they are called in the Lord Jesus not to expound take or receive things matters or persons into obloquie or honor for mens sake or because of Interest sake but according to the rule of our holy profession Levelling then may be considered first improperly and so injustly that is for a forcible taking away the property of rich men or men that have any property be it more or less Now this is divers as first under colour of a Title I take away the estate whether reall or personal of my neighbour and will by no means come to either restore or arbitrate the business but knowing the Law as now used will afford a debate lasting and a trick may overthrow as aforesaid my neighbours just right and if he be but poor or patient he will be quickly disheartened and I shall gain my end and injoy as justly even by colour of Law what was with detestable injury forced from another this was the great beam in some mens eyes and called legal Levelling the most unjust of all if truth it be so which is much feared being in all mens mouthes The next unjust Levelling was a Tenet that the poor had an interest in the Commonwealth as well as the rich and that every man ought to have his portion and that the great rich men having hoarded up the Treasure and joyning house to house and field to field they had so much care for the private that the publike was neglected yea that the immoderate heaping of estate was unlawful and that there ought to be a proportion above which no man might rise and to remedy these evils they would have all estates cast into a common stock and the land at least divided equally and surely they had a great president in a famous Commonwealth which twice in a short space for such a Revolution or I am deceived did such an Act but the Common-wealth was Heathen and I know no Rule for us to walk by their example unless the Word of God allow it The next unjust Levelling is by forcing not an equality of division but a perpetual community as supposing all evils to grow principally from the infatiable thirst after riches therefore these propound Not now to apportion estates and after to settle propriety and admit buying selling and transmutations of possession and so an alteration of the first settlement by degrees but to vest the whole interest in the body of the people and to settle allowances first for exceeding vertue as Magistrates and all for eminent excellencies imployed in publike trust according to their set and unalterably appointed degrees and next for the multitude according to a like set and unalterable proportion except by the publike Magistrate appointed respect being duly had unto the number and condition of Age or Youth and other qualifications according to the plot laid down in that exquisite piece of Sir Tho. Moore intending as I conceive the perfect Idea of a Commonwealth according to the rule of Nature perfected by Evangelical Doctrine and sure it is were such a State from a voluntary and unfeigned desire of well and righteous living voluntarily established it were an earthly Paradise and that it is not impossible the pattern of the Lacedemonian State overcomming the most difficult parts of it plainly declares But its thought fit not the powers onely but the body are to be convinced of such things moderately and wisely not by indiscreet agitations much less perturbations of a State they are to be left to their judgements God will effect assuredly such things as he hath determined in his appointed season Another Levelling here called unjust that is from error continued or by force attempted as was objected some so pretending being instrumental in renewing wars and to cause out breakin gs is in them who were thought happily to settle or attempt the settlement of their own private frame of Commonwealth by such means but truly though some assist and others more wise declare themselves not
presume must be from the hand of a Heathen rather then from the word of promise is the fruit of strong contemplative zeal for the punishment so it holds its due proportion take it from the Turk if you will or Persian it matters not The Turks punishment so it be not Torture may suit best the spirit or genius of the Nation for to burn hang behead or stone all is but death and this difference had Ceremonies so called been lawfull to be enjoyned might have stinted our controversie of old between the then so called Protestants and Puritans for the receiving the gestures set formes of Prayers Ornaments and Formes of and in Church-Service so called And assuredly it ever hath been one of the Devils gyns to fright men from truth and right by miscarriages in the manner c. hence cometh the scandals of profession from the errors if but of one or two hypocritical or mis-led professos we may as well refuse the Scriptures because Heretiques use them and that they lead to Judaisme is a great error for surely Judaising was intimated in no part of the Judicial Law of which any question can be For the exception in Fornication things strangled and blood the last two being meats we are now freed from There is a holy jealousie which is for God and is commendable and there is a pertinacy from interest which is Idolatrous and wicked the Lord open mens eyes especially those in Authority rightly to distinguish that they be not found fighters against God Now who are to expound this Law and settle it and how far their power extends is our next task 10. Who have the power to make Laws and how far that power extends SOme may think that the Judicials being laid down to be the fittest rules for Christians or any men to live by That this Quaere is needless For what have we to do with Law-makers of or among men when God himself hath fitted the work to our hand But these men must know that time brings to light new inventions of sin Satan goes about in variety of shapes and deceives daily and these offences many of them will be difficultly referred to the proper head of Transgression therefore it is requisite that there be a superintendency to oreview these errors and apply a remedy in time according to their rule yet to punish life with life goods with goods c. Now these are various according to the either condition or constitution of the Nation or both the constitution according to setled Law and constantly received the condition time of war or peace Now the time of war being only accidental we are specially to consider acts done according to the setled constitution of the Nation be it by Monarchy absolute or limited or Republique Republiques of all or any sort and their boundary is common and publique good and that either according to emergent necessity as in case the elders of Gibeah had consented to have all their eyes put out for National advantage for in such a case the elders had turned evident Traytors to their trusts but to lose one or either eye This will receive somewhat more ample satisfaction if we consider seriously 11. What are the proper Rights of the supream Magistrate so called Prerogative NOw in the handling of this Question it is fit a little to open what is Prerogative now this simply taken is the Priviledge or preheminence that one party hath either above or before another and so is no more then to have that of right and duty which others have by accident or by favor as to have the most honourable place to be heard first and such like But to take it in the proper latitude it is the sum of all those powers priviledges Rights and Immunities necessary to the Supream Power whether person or persons according to the strict rule that thereby the people may be the better governed according to the loose rule that the people may be kept in subjection and the glory of the King or Ruler exalted and that as to absolute Power over both body and goods Now therefore to treat of Prerogative in such a sence is vain for Prerogative is absolute power and what the Prince pleaseth is his Prerogative and this was assuredly aymed at here Now Prerogative according to the strict Rule is of two sorts that is more or less strict as for example some Prerogatives primarily usurped by time are agreed to and after constituted such as our vassalage of Tenures whether in Capite or that by grand or petite Serj. Escuage Knights Service Soccage or Villenage all which the estates of the Nation have looked upon and not annulled but regulated and the Kings sought to avoid those Regulations Now the more strict Rule of Prerogative is to give the dues necessary and that both for honour and order and safety which both the other are but as handmaids to for the etymologicall fautaries I pass them intending to hold out truth in her native simplicity without the ammusive garnish of needless witty vanities This then agreed what Prerogative is in general from hence it may be collected that what ever is necessary or rather of necessity to the well being of the whole is to be in the Supream Power Now this which is by some and generally alledged as proper to Kings yet must be also in all Supream Magistrates as Dukes Earls c. yea though Vassals or Tributaries to other Princes and must be also in Republiques or where the supremacy of power rests in more then one person whether Aristocratical Oligargichal or the pure Republique viz. the Democratique State For the Prerogative is incident naturally to the Supremacy of power and that of necessity for they are the Superintendents of the whole body and are to have requisites to that Office as necessarily as the father of a Family or any inferiour Magistrate under him ought to have to govern in their bounds precincts limits and places and therefore the Law of England justly in the matter however in the attribute or that to admit comparison with the Almighty might or may offend some mens eares by way of illustrative Analogy gave a kind of ubiquity or omnipresence to the King and so to the supream Magistrate as the first part of his Prerogative his diffused power for common good so ordered manifesting it self in all Offices whereby the publick peace so called the Kings peace was preserved and was necessary every where But as more necessary so more apparent in the Courts of Justice all of which were called the Kings Courts and the Process the Kings c. Now we being ruled by Laws for to avoid the inconveniencies afore-mentioned of pusillage and folly and alterations accidental to the best of men depraved through the fall make this supream power vertually to rest in setled Laws and by them they rule and so neither death folly nor any kind of wrong or injury can by the estimation of Law be done
draw all the world by the Clew of evident Reason and demonstrative Justice much more Authorities and when my reason could not prevail I would at utmost lift up my voyce in prayer with one hand and my heart and hold my sword in the other for my defence All that I say is be English men still war us not into slavery whom you were made souldiers to redeem from bondage but especially you Officers let not promotion cause you sit still because at case I cannot but give out one word of advice to the great and eminent City of this Nation you were sensible of evils past pride made you fat and you kicked with the heel Though the greatness of Trade be broken repine not break not out there is more lost in a day then can be gotten in a year vex not Strangers from your Potency nor Citizens by your Power Petition not against Will instead of Law in others and use far more irregularity and upon less ground your selves you heretofore gained the whole trading of the Nation into your company we are all English men shew us your Charter of Priviledge amongst the immunities of common Subjects will you admit that a particular Company in your City should of the Grant of the King have a priviledge to the detriment of your general Charter why should you then to the dammages of the whole Nation Agree therefore to just things give God the glory to part with quietly from the convictions of just Reason what you might happily hold either by Law or Power from your Grants if the Grant be now evil though not originally so for Reason making things lawful and being the bounds of Supream Monarches in general it cannot be excluded their particular Grants I know this will grate hard upon some among you but if Christians they will hear it were better to be less rich and less populous so more honest and better regulated you are at present yea after so long sitting under the Sword of the Vengeance of the Lord the sinke of abominable open prevailing sins you that should be the Head to the Body and the Eye to the Head in the greatness of Blessings going before others and being a Pattern and Example to all the rest as a Mother City as you have been stiled in the Nation you are not active for that glorious Regiment of divine Reason which as Christian is held forth to us in the Old and New Testament of our Lord and Saviour the Lord Christ Jesus you labour not in what is established by Law then sure it can be little expected that you should endeavor the Settlement of more it is a work of difficulty the opposition of the world will be but the world is overcome and this gives hopes of Conquest when we fight an Enemy that hath been beaten it s the course of the world to plead Presidents and then the highest are the best you are able do the work you have done much in settling a Magistracie in Chief set to the design this is of interest publike but cease not here fit them to the general end of Government as well as to the particular one of Opinion It s the way of all Corporations this may not be evil in Politicks but there is a better in States much more in Christianity And from you I pass to all Cities and Corporations You have evils every day which need remedy you spy errors in your Charters whereby you see you are no way able to act for publike benefit endeavour the Settlement by due consideration of just laws present them as is due to the Supream Magistrate let them settle the due priviledges and so enable by a standing Law the Rule of your Christian Government in a social frame Emulation may be hereby a spur to excellency of Order while the improving the same priviledges more or less will evidence the excellency of men which particular honor is the Bellows to blow up the spark of outward Vertue to a flame in a zealous or ambitious spirit And you rich men and men of parts in all places improve your Talents hold forth the Light God imparts to you for the healing of this languishing Nation The poor increase so vastly through continued and unrepaired losses at Sea and from the deadness of trading at Land that unless some course be taken all must to wrack besides the mercilesness of Wretches who sell the poor for a pair of Shooes some by forging Judgements and making folks to compound some under colour of Warrants breaking open of houses being Bayliffs and that at midnight and then by the Justice its said Justices of the Peace let go with onely restoring the goods again and this since acted in several places they passing unpunished otherwhere a Bailiff upon a Judgement of one hundred and eight pound upon a debt of forty pound out of the Common Pleas whereby ten pound sixteen shillings is due to one Officer for one Fee as dammage clear out of their estate who are not worth one farthing comes and makes seisure of a whole Shop of goods worth by estimation above two hundred pounds in Grocery and other small wares of Silk Buttons Lace Ribbonds Linnen and Woollen cloath c. besides all the Housholdstuff not leaving a bed to lie on or stool to sit on and these are by whole Sale as they say without any Inventory or due apprisal carryed away and yet no Judgement satisfied that is not fully forty six pounds is all can be made out of these goods Men constantly Arrested onely to force them to compound for stand out a Suit they are undone yet who becomes careful to give or crave relief in these matters Thus the poor and miserable people are daily utterly undone from Forms of Law and the priviledge is in the Form O Englishmen deceive not your selves and others with shadows These so more then evident errings wandrings failings and unreasonable unjust procedures of so called and proud of as striving for the name of best purest holiest c. Christians are the gaps and inlets to all those strange unheard of Opinions those Blasphemous and unnatural bestial actions and audacious Printings which there is such a stir withal in the world lay ought to their charge they recriminate and bespatter fouly and soyl hangs For the letter of the Scripture if Christians plead that they are gone it is as killing under the Gospel as the Law for the letter of Scripture and the lives of Christians are as different as life and death hell and heaven This in contemplative heads convinced of duty works high and assuredly brings forth all those Enthusiastick Rapsodies which so amaze the world these urge them by degrees to greater heights of so called zeal for Gods Truth and then after a Prophetick strain they utter things hard to be understood I cannot see any ground why any should be led away after them nor give any credit to their sayings No I rather believe it to be the
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
him and that not onely in high and criminal matters concerning his Crown and Dignity the life and honor of his subjects the original due object of the power of the Court now called the Common-Bench or of his Treasure the object of the Court now called the Exchequer or the Court concerning matters of the Income Profit Revenew or Treasure of the King But also of the differences betwixt party and party the object or subject matter call it what you will of the power of the Court now called the Common-Pleas which for ought I can finde authentique to convince me had all one officers which were not many all one Process which was a special Writ for appearance and a trial before the King or such as he appointed in his Court for the King was to be always present and there was also help in case of Equity by the Kings Chancellor in matters of the Summum jus of Law according to the common Lawyers phrase or severest opinion according to the rule of pure conscience that is do as you would be done unto or like a good Christian according to the Episcopal and Church-mens equity in the times of their Regiments now this foundation laid which offered benefit as well as Law to the people who had hereby remedy against the greatest oppressions of great men or Judges in the Courts of the Sheriffs or Lords Courts or Hundred Courts which all at first submitted by way of gradation to each other all to the Kings and so the Courts in Cities and Boroughs and other places incorporate as also Franchises and Liberties which were the evident marks of conquest and granted larger or stricter as the King pleased Now the King plots his own setlement first as being a Norman that is French he wills all our pleadings to be in French for he being as chief Father of the Commonwealth to see to all ought to understand it Next he ought especially for offences criminal or trespasses of force voluntary to have the punishment of the offender as a disturber of the peace of the Commonwealth as well as the particular party to have reparations and therefore he brings in together with Appeals the ancient usage of England which was the challenging of a man to have committed an offence as of treason murder rape felony and the like a kinde of suit in the name of the King called an Indictment and truly all the reason of the introduction that I can see was to advance the end of the Kings gain for here the King hath all the gain all the goods of the party at first from the day of the offence done truth now he hath it in appeal but it was not so for this the old true tale of Kents freedom will be known Evidence for they opposed this part of prerogative and then the father to the bough that is to be hanged upon the arm of a tree the usual and ready way then of dispatch and the son to the plough that is to the improving the inheritance left Concerning the common Law Prerogatives of a Prince or what the Laws of England anciently as by the right and light of natural knowledge granted to their Kings a certainty of land of the Crown Mines of gold and silver Royal fishes lands deserted of the sea and of them who died without heir as the prime person in whom the honor and glory of the people rested I omit to speak at present Truly that this William used Parliaments I finde not though others do for it is evident to the world and he that is not blinde may see he to quiet the people pretended Title but his intention was to make it his absolute conquest he therefore calls Councels where his Lords were present they do what his Will is and there is an end So that grant it a Parliament or National Assembly of the Estates yet it was but to grant or enact what the King desired his Normands had liberty to speak their will what English man durst oppose but the acts of his successor fully demonstrate this who destroys thirty towns and Churches to make a Forrest the Monks of the time durst speak but who else So that now it was evident what Title he claimed by pretend he what he will for the King had still his pretences truly the English were now in great streights they saw their Laws utterly abolished and their lives and estates to lye at the Kings mercy there was no remedy to complain who durst The Bishops yet notwithstanding something interpose but their mouthes are stopped by a command from his Holiness for people must not rise against their Prince but at his will and fill his coffer and you have his Crosier at command for Rome was now at the full height of wickedness but God taking away this sacrilegious Prince he soon opens a way of comfort to the almost cowed English giving them some means of revenge by a royall contest or a quarrel for the Crown this and matters of like nature setled there now ariseth a greater quarrel which hath continued even to these times though with divers parties and upon several grounds and that was betwixt the Lords and the King it seems God would have the English free and though he chastised them he would not forsake them for he makes their enemies the chief assertors of their ancient Liberties for these Lords finde now that they had not the same free priviledges their Ancestors had and claimed their births had now made them English of sharers in principallity they were made meer though greater Subjects The King Lawyers belike had found some flawes in their patents it may be they had done some wrong to their Tenants and were complayned of and the King to anger them that they might forfeit their too large liberties did the poor men right the greatest vexation and Soul or heart-grief a proud great man can have but be the ground what it will many of which are evident and arising as before is said The contest grew high there were things called Parliaments assembled to the end to determine these differences and in them divers good Laws tending to reconciliation were enacted but what was the effect of force ceased in execution when the cause was removed and the Lords armed against their Princes and truly their Tenants took part as the rest did they feared the saving of their faith to their King would prove the forfeiture of their lands to their Lords and now what was intended for the Kings safeguard was his ruine the most immediate Lord carrying all the power the superior Lords all along were strangers So vain a thing is the most prudent settlement of men if Divine providence affords not success But this still remains a sure foundation good Laws are ever the same though the badness of men may enervate and weaken them yea oft times invert them but still as differences grew higher and higher Parliaments were the means of quieting of all which doth
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
forty shillings to the Judge otherwise to the Gaole without mercy of which Gaoles a word after Next this is an ordinary course at least so reported in petty trespasses they declare of course meerly to get Fees upon agreement though they assign no place others having liberty to proceed as they see good and make an end or do any thing which is generally the course of quiet poor people there is favor promised to either party he draws a judgement from his adversary the defendant yet sues on still and brings it down to Trial Per Nisi prius then stops proceedings with saying he will confess a Judgement and enters it the Term after others enter up Judgement without Warrant I have known worse abuses yet but no punishments oft for want of entring a Rule they suffer Judgement Per nihil dicit whereby great and extraordinary Charge accrues to the Client and but small gain to themselves but hereby they pleasure the Officers oft times they plead or confess a Non sum informatus and this without Warrant and then comes out a Judgement unexpected and this dealing is justly suspected of false dealing It was ordinary to enter false Orders false Affidavits imbezle depositions pack Juries draw Witnesses if not make them I know the labour and pains of a faithful and honest Attorney is great and very painful and laborious in running from Office to Office from Clerk to Clerk Officer to Officer Councel to Councel Judge to Judge Court to Court neither do I here question their proceedings who make either Law or constant practice their rule But these rude ignorant young heads who think and make it their way to gain practice to over-reach c. though I in my opinion am as Mountague said of learned Selden an Heretique in the faculty as to the whole managery of the Law who although the Law doth sufficiently provide against which were by the carelesness or faithlesness of the Judges in their trusts through dependance as aforesaid grown to an infinite number beyond what they were I beleeve in the time when by Statute of 33. Hen. the 6. they were limited in Suffolk Norfolk and Norwich where they abounded but they are now bound apprentice to the Trade as well as to tapping whether of wine or beer why not as well to Brothelling and it is thought unjust to put any by his practice though they ruine the Nation by it at least bring a deluge of poverty upon the people Yet these put the Lawyers also upon hard shifts for now the Office of an Attorney is to practice all the parts of a Lawyer he drawes all pleas or generally all but some speciall ones upon some difficult point and in that some one old beaten book-man in a County is famous but for making of Wills and drawing all sorts of conveyances or Covenants with strange niceties of form and cautelous qualifications limitations provisoes and such like none like them they not so much looking at their first trading into reason and solid causes or grounds of things as into the superficial niceties as the readiest way to purchase practice with cunning knaves and most affecting wit and youth and so are drawn into a way of evill before they be aware and after it is hard to reclaim them and for keeping of those pestilences off of England Lords Courts they take all the work which was heretofore the way of educating and bringing into practice the young Lawyer And in these last times there sprung up first under the wings of Noblemen and men of great estate for the help of the Attorney in Judicial Courts but as Attorney in the Prerogative ones a creature called a Sollicitor these men rob both Lawyer and Attorney and all the Subjects They are oft declamed against by the Lawyers but no course taken to restrain them many of them practizing as Attornies under the wing or name of an Attorney what fee he hath thus to abuse the Laws and his own fellow practitioners I know not but many faults and errours are hereby committed and where to fix it is not easily discerned and great men love not to take great pains in such discoveries without exceeding great profit few I fear do justice for the love of justice so that having shifted from Sollicitor present to Attorney absent 't is forgotten if remembred the fault is laid upon the Clerk the Clerk he turns you back again to them instructed him which happily is neither Sollicitor nor Attorney but a stranger unknown or a servant gone But it is objected you have your remedy at Law against an Attorney in any cause against Law So say I but he hath his priviledge that spares charges he hath councel for nothing and cunning so called knavery to boot And lastly the Judge must as much as may be favour a servant of the Court that is he shall have all lawful favour and the other all lawful disfavour and put any Lawyer to sue an Attorney upon these terms and the Attorney will undoe him To pass over the nicety of going to issue pleading specially when the generall issue would serve the turn or such like nor to shew how many several sorts of delayes the several Courts admit I shall shortly come to the tryal which is either in the ordinary set places as the Courts at Westminster or per nisi prius where there is such hudling shuffling quircks of law unequal hearing and both for honour as the Kings or Queens Councel order as Benchers c. except favour step in and then the son of a Iudge or Kinsman c. must make all the Councel attend till he speaks nothing to the purpose too too often so that I have heard wise and learned men profess they were ashamed to see great men and Favourites manage the business out of all order and rule of law while they knowing in practice as they term it that is versed in the Ministery of the cause could not be heard a word as if they were retained only to hold the paper and cry My Lord 't is truth there is another reason in it which is they have such multitude of Councel that all cannot speak and the great men must speak best reason for have not the Prince the choyce Some indeed either would be heard through boldness or must be heard through necessity as undertaking Cases which others either durst not or could not as Holborn with that noble Judge the Lord Chief Iustice St. John in the Case of Ship Mony and this was a step to advancement if they shewed ability and could turn with the tide or were thought fit of for some other by-respect as to have their mouthes stopped against Prerogative and opened as far as the Law would admit for the Kings advantage Thus were learned Calthorp engaged and the foresaid now Lord St. John though as I have to his honour be it spoken heard it credibly affirmed he denyed to be the Kings Servant upon the Lords day at
Market is over before they arrive or near it They also put exceeding charges upon admissions c. and no accompt but to themselves which in the consequences may be destructive not only to the private person but body politique in amassing Treasure The lesser Corporations were for marking measuring sealing sluffs linnen and woollen with a Crown Seal forsooth and these were his Majesties gratuities to the Lord of c. Marquess c. Q. Mother Lady Nurse Groom of the stool that is the Close stool whether King or Queen high and advantageous honours and this discended to outlandish as in Land commodities yea to pins and brooms and it was said to Rags for paper and Marrow-bones for Kitchin-stuff or grease Next he found one so base as being a Lawyer to take a pattent to have the first motion in the strictest sence or to be heard in all cases before any other which the Judges wisely quashed in the shell hearing him and shewing obedience to power and fulfilled this Patent therein and then declaring by an intimation of a rigid dislike that the Authority pretended could not that is with safety grant it for the Lawyers would be stirred who had the key of Knowledge and they once disaffected might be like a spark in powder All these had their success because they by degrees falling upon persons or trades only they even upon advice desisted generally from more then expostulation some few brought Actions and were killed with delayes and frowns Then the King intends a Master-piece which was at once to quash all controversies by a sleight and sudden judgment having a colour of Law but no substance and this was by an universal charge upon the whole body of Subjects so called Ship-Money which had for foundation thus much The Kingdom was an Isle the defence Shipping the Navy was decayed the King must replenish so he rigs his Ships and sends them forth to take the ayre as the idle ones said but indeed to inure bodies to the Sea settle them under pay and discipline and so engage dependance they return and whereas heretofore the Maritine Counties sent forth Ships and the Land towns paid now the King would provide all Ships and they all should pay now this was clearly done only to inhance the so called Crown Revenue for the Subject saw no Enemy and so no necessity the original cause of that Tax a general peace was held to the out side with all Nations after theslaughter of the gallant English at the Isle of Ree and the dismanteling of Rochel But the upshot was the King must be judge nay sole Judge of this necessity and this is quaeried by the King to his Judges which to prove the assertion before they were all King trodden that is had engaged all their abilities to his meer will two onely of twelve in this so important a business as indeed the whole life of the Subjects Liberty was involved in it as to his estate at first and for denyal of that to his restraint durst assert the truth which two only I shall own as men noble and honest Crook and Hutton and though both or one were by the plurality of Votes ingaged to the first Quaere Whether the King were sole Judge yet upon the Tryal brought by that true Patriot Hambden they righted themselves and the Nation to the utmost and honest Crook spake true plain English reason and good Law while mercinaries blundred upon the work and had they taken Barcley's Argenis and read the discourse betwixt Polyarchus and Hyanisbe touching such taxes they had saved their credits as only declaring the judgement of an Alien to English Liberty and reserved themselves But now 'twixt Truth and Loyalty so called they were confounded and gave no satisfaction no not to the well-affected to absolute powers and by this notwithstanding all power the Subject was enboldned to deny and at last after some two or three yeer the King was enforced to desist and surely his cogitations were for Armies how providence prevented there being so many discourses of it I shall omit only with this hint That these fore-runners manifestly declare that the Arms in Ireland raised by his Commission and continued in England against the same power of Parliament Assertors of the same Common Liberty by the Nation owned and petitioned for were undoubtedly the effects of the same cause namely the subversion of Englands Law and Government the peoples Liberties and all Rights making the King by his meer free will the absolute Arbiter of all actions civil and criminal Thus in brief I have set down some of the visible preparatives to Englands Climaterical Revolution which it now labours under In the discussion of the State of affairs civil and so called Ecclesiastick before but especially in the time of the late King and all shews that plainly there was left no more then an outside Christianity or formal Religion the temper of the clay of the world the pravity of Reason in the depraved principles of policy the iron of reason in the variety of species of Government and the gold of Christian simplicity the gold owned in the Scriptures by Authority allowed the iron in the rational formal profession of the same and the consequences thereof the Clay in the false and unconsequential glosses to make mans rule and absolute Government the higest and last refuge of every man and that for a particular persons end though in publke trust for that trust was said not so much to be for the peoples benefit as his own These things premised I might omit the passages since as being fresh in every mans memory but at the desire of some I shall go on in the way of a cursory Historical Narration repinings and grudgings by and from the actions of the King and his Ministers growing high so that it was not thought fit to proceed without some force ready for fear of insurrections which were indeed desired and therefore the people were afflicted that they might rebell and bring themselves into slavery The King having received the platform of alteration of his State from Thomas Earle of Strafford he is made his Agent to keep on foot a strong Army in Ireland who to speak truth were a company of men fit for as high an attempt as they were intended for but being Jesuited in great if not the greatest part they might have double designs that is rather to embroile all the Kingdomes and fit them for the tooth of the Spaniard their universal Patron then for the Kings absolute settlement in England whom they truly knew not to affect the Popes interest further then it stood with his own which is truly the Maxime of all Princes however they carry it Upon the confidence of this Army he is fooled into a quarrel with the Scots and was undoubtedly made beleeve that to let the Spaniard land 10000. in England was the only way to set all right and Wentworth a man of depth of policy and courage might
war discourage the souldier and in fine ruine them giving the King time to raise new forces at all times if they could not gain his person and this experience taught them so that after many cumbats their Armies streighted and broken in great part their full purses being profusely clean emptied for who being an English man did they think would have opposed the power of the Nation for a sole persons sake but by the just hand of God and to bring to punishment such offenders as the legal sword would never reach he inclines mens hearts to follow the King most of them yet Papists or meer formal Protestants and debaucht ones the generality of the so called Nobility Gentry and Clergy especially all in honor or that bowed to that Idol among them were also many men of very tender conscience zealous of truth and performing at least to men righteousness On the other side were at first all the vulgar all men generally eying God in his wayes of providence poor despicable creatures yet full of faith and knowledge these were of several opinions concerning God his Names Attributes Essence our Saviour the holy Spirit his service their own duty publike and private that is their duty to God and one to another But two especially were powerful in adherents The one called the Presbyterian the other the Independent the main differences twixt which I shall as far as I can here succinctly lay down not upon their nice critical distinctions as Schollars so called but in the plain way of rational difference Now truly I see no difference as to the points of faith they acknowledge both the Father Son and holy Ghost the end of the Sons mission to offer salvation to all but effect it onely to those believe on him whom he hath elected before the world began in due time calls and at last saves not for their works sake or ought in them but as he elected them not because of foresight of works but of his free grace so he saves them that good works and obedience to the Law are the outward Testimonies of a Christian but not infallible for the Law condemns no ne can perform it That Christ onely justifies They indeed seem to differ about obedience to what Law the Presbyterian having still an eye to the at least equity of the Judicials but I presume if throughly examined easie to be reconciled Their main differences then one would think might be easily determined but they are thought vast and irreconcileable and they are these First whether an outward and visible succession derivative not onely from the Doctrine of the Apostles but also from their calling so supposed is of necessity to the true Church which is really the same difference betwixt the Presbyterian and Bishop and Bishop and Papist the Papist urging it against the English reforming Bishop and so the Bishop against the present Reforming Presbyterian and the Presbyterian against the Independent so called now the plain Question hath this involved difficultie in it as I conceive That is what necessity of imposition of Hands for if it doth confer Grace an Apostolike vertue being tyed to the Successors of Bishops Priests Deacons upon that promise of Christ What ever ye bind on earth c. or I will be with you to the end of the world or inclusively from the effect of imposition That they receive the holy Ghost then it is of necessity but if it be but declarative of the designation of the person to the office of the Ministery then it is not of necessity unless specially commanded which wil also here shortly determine the business of Confimation of Infants which may seem to have warrant thus far in Christian Congregations That men and women baptized Infants and after they come to age walking blamelesly may and ought openly before the admission to the Ordinance of the Lords Supper be examined by the Pastor the Congregation or such as will present concerning the hope of their salvation which allowed to pray for the blessings of the Lord upon them and to confirm and strengthen them in this faith I believe is and will be acknowledged and duly practised in covenient time And last and in chief the Independent hold forth the particular Rights of particular Congregations that is each Congregation is subject to no other head but Christ in the things of Christ that is to govern it self according to the Scripture without any superintendencie of one or more persons or Churches so called that is Congregations of Christians The Presbyterian differs upon this as holding forth no order but introductive of an absolute confusion Now the reason of this high judgement is indeed upon very high consequences which rather the practises then the principles of the Independents declare for let the Presbyterian speak out and he saith the Independent razes the foundation of Church Government several ways and to profess the truth their Tenents tend to thus much and no more nor otherwise destroying Government or order That Rome is Mystical Babylon literally That all the Nations Provinces and Kingdoms who partake of the fornication of that spiritual Whore that is walk upon her ground-work shall partake with her in her plagues that this Cup which is in her hand all Nations at least called Christian have drunk deep of That the so called Ministry of England holding no Call but the outward or that principally and this derived from or by the corrupted Whore of Rome is no true Ministry or at least not the true Ministry That neither are the so called Lords Bishops nor the domineering Classis of Elders whether Parochial or Provincial the officers of the Church warranted in Scripture for the designation of Pastoral duty or ability That resting in the whole Church or community of believers gathered into Congregations That all of them being corrupted nay lost both in Doctrine and Discipline are to be gathered anew all that are in the Parishes though holding forth the profession of Christ yet walking clean contrary are not by the power of Baptism or that Covenant implicite that is being bound not by their own words but the confession and ingagements of others absolutely in the Church and so to have right to the Ordinances of the last Supper but that before they be received they ought to give satisfaction to the Church that is that company of believers to which they shall joyn themselves of their faith and the hope they have of their salvation and walking accordingly and these are hence justly called those of the Congregational way commonly called Independents Indeed the Presbyterian holds the same with the Bishop in every point onely the person of the Bishop as the Head or Angel of the Church is he in whom saith the Bishop the power of the Church specially rests and the great trusts of Ordination and Confirmation and so Excommunication The Presbyterians say in the Eldership The Independent in the whole Congregation It is truth these things were and are
otherwise received by the vulgar and multitude The Independent so called being burthened both by Bishop and Presbyterian with all calumnies as the Presbyterian being envied much by the Bishop being as his Opponent and by all their followers and that just as the Papists had in the first Reformation branded the Church so called of England governed by Bishops but denying the Supremacy of the Pope and therefore cursed by them as Hereticks Schismaticks Adulterers yea Heathens for by their rule we had no Ministry no Sacraments and so consequently no Church because not holding of their head the Pope And in the word of a Christian so doth the consequence of the Episcopal and Presbyterian Doctrine brand the Congregational way for they say no Ministry but so derived as by Succession from the Apostles and that admitted they must hold none have power to administer the Sacraments They all differ also about Government in the Church the Bishop and Presbyterian much what alike both indeed making the officers of the Church the Church as Rome doth so as the Church taking the Government solely into themselves count all other Christians as Lay-men they had as good say Heathens if throughly scanned and they onely the Clergy the Priests of the living God so indeed claim a magisterial power by the same Rules Order Arguments and Distinctions and Differences as Rome doth yea over the Supream Magistrate making him their rod of iron to thresh the Nations that is all opposers of their Classical Edicts These men gave the Magistrate no more power then the Pope for as he so they were the Church the holy ones the Saints at least representative To these men at first gave great regard but many wise Heathen Lay-men feared these mens unskilful lording it over the Lords Inheritance for they presumed these rash Novices in civil Discipline would drive higher then the Bishops who had gone before them Surely if the Bishops men trained up at the Courts of Princes after they came out of the Halls of Lords for the Chaplains of great men came generally to Episcopal Thrones or Chairs and so had still had a reflection upon the order of civil Government and had undoubtedly improved their natural as well as so called spiritual Talent if they had lost themselves and ruined Government through error in Judgement c. or dependance what would these who came but from the Pedantical Tyranny of the Universities and foolish idiotisms of puer-putes I intend this to meer Scholars and give them but their own language which I presume they cannot but apprehend These considerations made the Parliament at Westminster while yet unshattered otherwise then by defection base unworthy defection they should as men have had resolutions worthy their trusts but their cause it seems gave no courage at first to declare against these powers of Parishional Presbyteries to this effect that they did not intend to raise nine thousand odd hundred Seats of Judgement or Judicatories that is so many as there were Parishes of England the least of which should have more power then the Parliament of England And I think few men knowing but will agree that the name onely of Bishop should have been suspended or extinguished but the same power yea that so called by the Presbyter unjust being exercised by the Bishop the preheminence being now in the Presbytery the same had been allowed and indeed it pleased God so farto give way that these men were throughly tryed for the Parliament did not seeing all at once constitute Elderships to be chosen and improved some men whether intentionally as supposing that Discipline best or so called politickly to discover their temper I determine not But these men presently fall hot upon the work and what had but just before ruined their predecessors the Bishops and been their stumbling stone namely the Non-Conformity of the now called Presbyter becomes the Presbyters rock of offence against the so now called Independents And to assure this after the manner of the Apostate Church they call for the secular power or the power of the secular Sword and an Act was said to be prepared they talked much of it That Non-Conformists should have a liberty to bear office either in Church or Commonwealth It is truth the rigidity of some its probable seeking not onely the Supremacy of power but an addition of wealth for by them also were sought outward honor riches Lay-power so called and what else was of the old Babels trash to adorn the Church and by them called the Churches Rights bounding it to the so called Priesthood was by these as much eyed as by the veriest Babylonian in the world and the Commonwealth of England still made the Stalking-horse to their lucre and the base men of a rout of people so called also Cleri or Clergy men in whom if St. Paul left the Qualifications right set down were rather the Priests of Bacchanals if not of Bacchus then Pastors of rightly constituted Congregations and these altogether take advantage of an Ordinance made for Tythes to give the denied treble damages they also upon the same grounds get Acts Orders or Ordinances for uniting Parishes and could inform untruths for advantage which appearing the union is for malice not conscience of the complainer dissolved for could the persecutor have had his Tythes but for half value all had been whist but the Priest saw not where such agreement would rest he might undo the Church that is his Successor by that means Wills Probation fixed as they were under an incertain irregular way and illegal till established they continued the Marriage of persons as a Sacrament to be the proper work of the Priests Baptizing Infants the eighth day held if not by the wisest yet by the most of necessity to salvation Yea some held That the Sacrament of the Lords Supper was a converting Ordinance and so to be administred to all to whom the Gospel was to be preached namely the most prophane of any This to many seemed rather an allowance Politick then Religious to gain a party then to give forth a principle untill some leaders were found publickly to avow the Tenent but this licentiousness lost them the best and most considerable party I shall not further wade in these Controversies nor had I gone thus far could I have otherwayes well cleared what is to follow Namely that the Magistrate eyed these Tenets as sorting with or against his interest and accordingly seemed to allow or disallow The Presbyter struck so high at the root of Magistracy making them their meer Executioners and bringing by Text of old Law what was given to the Priests more imperiously into the Cleri and on the other side the so called Erastian giving all to the Magistrate not as of the Church or in the Church but meerly from the Civil Jurisdiction and totall subjection of the whole course of so called Priests unto the meer will of the Magistrate either by doing or suffering not allowing an
value to be determined by any two Justices of the Limit by their Warrants without Writ especially at monthly meetings but more especially if they were both poor that is not worth one hundred pound clear or if but one of them the poor being grown lately as well enemies and devourers of one another as the rich That there might be but one waight whether Troy or Aver du-poiz in the Nation and so one measure and one tenure that is Freehold of the State not grantable to any person or persons so called mean Lords as tending to the high advancing of particular interests much more subject to destroy then support the Commonwealth especially that basest badge of slavery and the most prejudicial to the interest of a free Commonwealth the so called Villeni or bond service urging that the Rule of Littleton That Land being the less worthy cannot engage the person of a free man which is more worthy and so that Villenage or now so called Copy-hold is incompatible with freedome and the evil effects of this have appeared in choyce of Representatives as dangerous as ever did any Feife service of the Barons to their Soveraigns the Kings and they say it is just the Comminalty should have right done against inferiour Lords now the Lords have right against the King or State that so while we be freed from the Tyranny of a Prince we may not be worse slaves each to other for they can instance more wicked unchristian merciless and cruel acts in Copyhold Lords then in all the Princes in the world They also desired if the State took Tonnage and Poundage Customes c. that the Seas might be guarded and some said if they did not it was lawful to steal Custome but I put that opinion in a Parenthesis they desired that no person or condition of men might be secured from Law that all evils as appearing might be at appearing rectified and to that end that an easie address might be to Courts of Justice setled in power in the respective bounds both for ending and determining according to Law setled and preparing for remedy to emergent evils by certificate of the matter They said they valued their priviledges as high as any but they would part with their priviledges of men to enjoy the priviledge of just and wise men they therefore would deny themselves things lawful if found inconvenient thus did they submit to the Magistrate and thought not themselves wiser then them whom God set over them but this also admitted that Magistrates were men and might err that the rule of their Government being but perfect reason supposed that infallibility was not tyed to the Seat of Justice if not to the Throne of the Prince and Chair of the Bishop that it was the duty of the Subject with fear and humility to advise of the Law and that no man might oppose the Law but lawfully not to be the Authors of disturbance to the State lest each man might contend for his own opinion until there were as many Laws as men They said that the poor were a parcel of the body politick which ought to be provided for setledly and sufficiently some propounded Commons some concealed Lands some one thing some another but these were mistaken parties generally though well affected they might be for Commons were the Tenants Rights originally not the poors and concealed Lands might now have proved as fatall a Hawk to the State to whom they now belong as Forrest Lands did before to the King for as I have said before all Tenures Titles c. being grown so difficult what might not have been adjudged now concealed as then was Forest These men further allowed and desired that persons should be brought into due degrees the due power of all persons respectively setled the primitive order for security of the Nation by the enforcing the Laws of Tythings for idle vagrant persons Hues and Cryes for Thefts Robberies and such like that due orders of Cities and Walled Towns Bridges and great Roads for Watches c. Regulations of all Trades by certain and just Laws might be renewed Prisons not made the Schools of all Villany but places of due laborious restraint and safe keeping and that specially first for persons criminous next dangerous lusty riotous lazy and idle Publike Offices to be born at the publike charge and no just Office to be the burthen or ruine of a man such as to be a Reader of Inns of Court High-Sheriff Constable Major Sheriff c. of Counties and Cities That all Customes be certain all Fees of Officers with a thousand things more which experience had rendred manifestly holding forth Justice or the foundations thereof Now these just things being so diametrically opposite to the Interest of multitudes who had for their corrupt interest sake or to make a fortune in their own Idolish phrase joyned themselves to the Parliament party were heard but neglected then scandalized to commix Interests with the errors afore-supposed in Levelling in the grossest acceptation so that each rule almost of morall honesty was now miscalled Levelling The reason why I call these just things Levelling is to unmask these Satans and to manifest to all men the strange artifices used to obstruct the truth and take men off from the entertaning true apprehensions of it suggesting to them these jealousies that though the Propositions held forth nothing but seemingly just honest and Christian yet no doubt there was a Snake lay in the grass to eat in pieces the root of Government and debase the Supremacy of Magistracy destroy order annihilate property and introduce the confusion which some as I have said are said to intend and we may justly fear if some timely and just order preventive be not applyed will by these self-seekers be assuredly perfected But all these just Levellers had not the same foundation or principle for their designs though know assuredly all honest men reall and of publike spirits Papist or Kings Protestant that is he that would walk no further in the way of Christ then the Laws of the Land taught him that is beleeving as was by Law established according to the Canon c. yet zealously making conscience of being wiser then his Teachers Presbyter or Independent or of any Sect Opinion or Religion soever were nick-named Levellers by them that found it best fishing in troubled pudled waters But as I say they had several principles The Presbyter founding his Levelling upon the Judicials of Moses stuck to that Rule that the Judicials were Gods own Law given to his own people with whom he had entered a Covenant not only upon Mount Sinai but in the loyns of Abraham father of the faithful that so Abraham is our father and we by faith his seed and so bound Again that the people chosen of God were Types of all Gods people to whom that Law was given in them and living according to that Law should thereby manifest themselves each to other to be the people
be amended but sent to Gaole whither he must go he was irrecoverably lost Now for maintenance in prison originally in such cases as the State was forfeited as in Treasons and Felonies which were tryed very speedily the State was seized by a publick Officer by way of securing and the wife and children if any were continued in the house c. giving security the goods were not imbezeled and nought removed or sold unless for the mainteance of the prisoner the forfeiture then reaching from the time of the fact committed and then though this were just there was this injustice that the forfeiture paid no debts an unjust and unchristian thing yea if opened the loose or inlet to abominable cheating cozenage and knavery Now the Law is that is practice constant that the prisoner maintain himself till himself wife and children are undone by selling all they have for the maintenance of the prisoner and paying Gaole Fees though he be not guilty a most wicked thing and this happily for acts or words no way Treasonable Felonious c. or for such matter which none but a malicious Adversary would have prosecuted And to say the King paid his prisoners Fees is but to argue from matter of fact for take a prison properly it is but as a pound to dammagious beasts and in the proper pound the owner must provide for them and they that offend must provide for themselves or rely on charity It is truth it is but just that in case of so called illegal or in cases dubious whether baylable or not or where baylable yet for good cause denyed and in all extraordinary imprisonments that is by absolute power in limited Monarchy being causes for which the Law provided not it seems reasonable that the same power that commits should sustain untill the Law adjudges the offence for in that case the restraint of a Free-man seems punishment enough now for such a man how he comes into prison that is whether by the ordinary Officer of Justice as a Constable or by an extraordinary hand as by armed men is not material but the Quaere must be rightly stated That is whether in a time of full peace no enemy appearing nor to be feared a Subject may be by Law arrested by an Armed power as to this it is said that considering Law to be the issue of perfect reason it is a matter worth mature advisement for the life of liberty lies in it that is the refuge of the Subject against the powers or authority call them what you wil for commonly the Souldiery are either in body and so obey no common Arrests and Processes of set Courts or dibanded and seldome an active man in his own County and well known will appear in acts of high dispriviledge so that offenders in this kind are seldome worth suing upon a trespass and the law of retaliation rather satiates the brutish then the manly passion or affection and bondage for satisfaction hath been hitherto exploded Others say the crime is to be looked at and then no matter who executes it as in Felony each man may by Law arrest and then if every man will it is neither Riot nor Conspiracy what ever it may be called Others rejoyn to both parts and say that they are sadly distressed to see the various interests of persons leading one way to day another to morrow which their diversity of opinions fully demonstrate They desire plain truth with Iustice and to that end they say that both are lawfull time and person considered and that this consideration is and must be left to the Magistrate who must not stick so in the bare letter that he lose the evident meaning of the Law and ought to be punished as a defaulter against his trust should he not in some causes use extraordinary power for the Commonwealth must not be without sufficient power to defend it self And therefore they say that if the Law doth not provide for such emergencies he ought to be defaulted if he improves not his power to the discharge of his trust that is the peace and safety of the Commonwealth though he incurrs the lurch of the Law according to the old Letter The example was under the late King James at his comming to the Crown when after the death of famous Elizabeth the County of York raised men and armed them against a sort of out-laws which Act was by the letter of the Law Treason c. but upon debate wary enough it was resolved their duty and they had their pardon against which only some object saying that if in reason they offended not why should they be pardoned Now this is answered others might else be imboldened without due cause which say the objector's is nugatory there is nothing of weight in the case more then the Officers Fees of suing out the pardon and to stop that scandal let such pardons issue of course by a day at the Officers penalty so that the party shall not need pay for expedition but as to the case in hand it is propounded that in cases of doubting it were better to assure all fears to let the Souldier be but assistant to the setled officer and not used but in evident necessity but the thing is the same I must agree the prison may be any where by the law which men in point of favour easily plead but touched then the Court of guard is a prison then White-Hall the head-quarters every thing is odious but were this same man put there under what he counted a civility it should be acknowledged it may be therefore of great policy this was left in the Judges brest to endear by such circumstantials where he saw cause but this was altered upon good reason in part and prisons made publick set and certain c. The next thing is to bring the prisoner to his Tryal wherein the Law as I said favouring life gives priviledges of no evident reason in case of crimes worthy of death especially the certain offendor present Truth is if the pretended Law of England did as many of the Officers of it do think one thing and speak another tell them they are to dye while the prisoner knows Mr. Ordinary say the Judge what he will will openly prophanely and unchristian-like of course lye out a Legit though he knows never a letter and his conscience never grumble to give sentence accordingly it were not worthy question but evident reason being its guide why should they question thirty six men without any cause or with a wise Sheriff c. is that so called priviledge ought at all yet this in some cases is highly advanced this past and that he is to plead which ought to be openly the doors not shut during the Tryal the Law of God of England common reason and constant practice of Nations agrees it First he may make all by the Law void in the Letter by an appeal yea I take it also without shewing any cause Next by
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
settle the power Now I come to the Rules of bounding the inferior Magistrate wherein I conceive it is principally requisite to add to the general Rules of Law or head Laws particular Officers by which onely it is lawful to act in time of peace or not imminent danger That to this Officer being sworn or tyed under a set penalty of faithfulness in his Office the Magistrate send his Warrant expressing the cause of the Warrant as now to Constables and that this Warrant discharges the Officer and then the complaint is and ought to be against the Magistrate For no reason one should be punished for executing his Office by command of his Superior Nor is it fit the Magistrate should be too suddenly lyable to Question therefore it is requisite to have some appointed near hand to whom the Magistrate in Ordinary and also the Subject may have recourse who knowing the Law may speedily determine for otherwise the Judge or Magistrate is discouraged on the one side to act and the Subject on the other side fears his liberty to be infringed both which must be provided against speedily and certainly For it is assuredly meet That every one not acting Legislatively but judicially upon Laws set should be under the jurisdiction and Cognizance of some one or more person or persons and to make returns to them of at least all matters doubtful And again That they that act Legislatively should not act judicially nor be the same persons unless in case of visible necessity least otherwise Justice fail As for example if the Judges of the Common Bench Common Pleas and Chequer were Judges in Parliament could we think the Parliament fit to determine their Errors le ts have the best Laws that could be Laws would be but dead letters still in themselves 9. Whether the Laws ought to be according to the Judicial or what and whether a head rule or not I Come now to that great and old difference or difficulty what is the boundary to humane Power or Authority or Dominion call it what you will it is the executive vertue in the Magistrate Supream in dictating or giving forth of Laws Now I in this shall wave treating of Law in its variety of objects and shortly give you this description of it It is the Rule of well ordering Societies of men or many Families of men living together and aims especially at preserving the poor and weak against the rich and mighty c. Now it is truth that many Nations have divers Laws yea great variety and all just and some Nations have a few Laws and many unjust naturally each one seeks particular good But as this grew obnoxious to particular persons or families they joyned together and that under agreements wherein there being still particular respects according to the advantages and disadvantages of the Covenanters so were the Laws more or less unjust but ofttimes that which was seen unjust after was not discovered such at the time of enacting Hence some have to take away all wrangles fallen upon a Community some from Community to Property still looking to avoid the present evil yea from hence indeed spring all the Commotions and hurries of the world which so Rent and shake people and Nations So that there was nothing so highly honored as the enacting good Laws I take it to be the Original at least one of the chief Originals of the Heroes or Daemones men Deified so God himself stiles Magistrates because of their Representation of him among men and all these Law-givers pretended at least to receive them from the gods or the friends of the gods For even to natural men it seemed just that what wise men had instit uted wise men might alter Now if these Laws were onely some Prerogatives of the Princes or Priviledges of great men which men had sought to usher into the world with such pomp there might have been a ground for obstruction but these which were the Laws of well living the Laws tending to publick quiet repose riches honor custom of living being equal to if not above nature were of necessity thus brought in onely by fear of the supposed Gods yea also the future Magistrate was by this superstition call it so onely kept in aw not to break forth into exorbitant affections or decline action either not to make the Law like the knife of Delphos for all purposes or else for no purpose So are men byassed by private respects on the one hand and loving supremacy of power on the other that unless there be some over-awing decree some setled boundary beyond which we must not pass there is no safety Now if it be said this is indeed true in the cause of natural men but not so to Christians Grace perfects nature I agree it is truth in some sence but not in every part for it is rather true in the future then any other Tense for it works here in the flesh not so intensively but more remisly yea sometimes the effectual work of grace seems dead that this is true the agreed failings of the Saints evidence Yea those in whom the work of Grace was begun sure enough as witness Davids Pride Murther Adultery c. Samuels sufferance of his sons Hezekiah and all others before Christ Peter the sons of Zebedee Paul Barnabas and others under the Gospel So that it is plain we must remember it to be truth in some sort which was objected against Aristotles councelling Alexander as was pretended to use the Greeks as friends and carry himself as their Guide and Conductor but to use the Barbarians meaning thereby all other Nations as enemies and carry himself towards them as Lord and Master The reason of their objection was very acute for say they there are many Greeks wicked and many vertuous Barbarians So that if any Quaere whether Laws should be diverse in respect of divers sorts of men it is shortly answered Laws are to restrain and punish onely evil whether men or actions This being cleared the next thing is to come to the more close and plain resolving of the question wherein I cannot urge antiquity for I wave all Authors more then as illustrative taking none as Authoritative the superintendency of the Expurgatorian Classis abroad in forreign Authors and our Licentia or Placet at home making them speak what they list or as they list who are masters of the Press for if so done to some why not to all or who can tel to which and indeed there is no necessity of either ancient or modern testimony the Almighty wisdom having the same fountain of endowments graces and abilities as in any age and the same as plentifully poured out now upon us however it is improved This premised I then Quaere what law is existent among any or all the Nations of the world like that which is called Moses Judicial holding forth such fit and apt punishments as are there laid down carrying with it such a visible reason for it self
or suffered by the supremacy of power so that truly the Law saith the King can do no wrong that is the Law by the supremacy of power enables him not to do wrong and to speak out the whole truth to men of the meanest understanding This law and the right understanding and executing of it is the highest Prerogative of any of Gods Vicegerents in higher or lower sphears and is the agreed Rule of common good as before-said Now our great error and delusion of late was to give that to the person which was due to the Office and to subjugate the Office to the person and not the person to the Office which the Law would never admit for the Law that is the purity yea tanscendencie of Reason leaves the person of the Prince naked in case of Male Action though it censures not in all male administration where it admits him positively to judge I shall give you an example to illustrate for if the King enters a mans house disguised and offers to vitiate his wife daughter c. and be slain of the father husband c. it is but as the death of an ordinary person and truly by the principles of the setled Law be he known it is no more I shall put but one Example more A Traytor is by vertue of the Kings Writ brought before the Judge Arraigned and Condemned the King grants no pardon which I suppose he in such Cases cannot generally though it was done customarily nor uses no legal peaceably way but by force personal sets himself in Act by his Guard to take this Traytor out of the hands of that Justice to which in his Politick capacity he hath Sentenced him and the Sheriffs men defending the Law and the Guard by the personal command of the King seeking the overthrow of it by taking away illegally the prisoner and they fighting about it and the King running in he is slain it is no murder by the principles of the Law which owns not the King in this Act of Tort and Force and takes no notice of the death of that person as King who in Law dies not for the Law cannot now take notice of it because out of his Sphear by this it is evident to what end the Magistrate is cloathed with so called Prerogative namely the advance of publike interest Now as in this sort it gives to the supream Magistrate the glory of the Courts of Justice and the disposings of them as one part of Prerogative so knowing the honor of the Supream Power cannot be maintained but by some set way as it seems the Ancients provided here so much of all sorts of provision both for the Kings Family as also for his Stable at the so called Kings price exceedingly abused besides the so called setled revenues of the Crown namely Crown lands Fee-Farm Rents c. So it also provided for Emergencies and that both for charges upon the sea and also for the land by Customs now so called Fines Forfeitures wrecks of the sea how unjustly soever land deserted of the sea lands of Ideots Treasure found goods without owners Tythes of lands out of Parishes and the like And upon these or any other matter if any debt did accrue it was satisfied to the King that the Commonwealth might not lose before any private person could be satisfied one penny the abuse of this was grown intolerable but I here treat of Settlements and how long since it was in the Kings case it matters not for no slipping of time could prejudice the Kings Title as in case of a common person who was tied to sue within such a time or the time might be pleaded in Bar as was justly enacted Now the reason of this was just and good preferring publike and universal good before private and particular yet this proved offensive oft-times because it was made the instrument to absolute Injustice while restitution was made to the King to the evident destruction of a stranger that is a third person whom the Law left remediless yea though utterly undone and begging from door to door It was also for the same reason construed to be Law that in all Grants made by the King they should be taken most beneficially for him and that they should not erre to any other construction then what was manifested in the body of the Grant that is the plain letter must be taken and no implicite construction of Law shall be taken advantage of against the good of the Commonwealth as against a particular party And lastly In case of Grants it is void if it appears that the King was deceived in his Grant truth these originally just things after the fatall wisdom of the Law was politickly perfected came to be made the Mystery of Iniquity for it was said the Grants were made according to these received Rules for the Kings sole benefit whereby he that was once made the Kings Officer was ever after scandalized for a Knave and he that was once the Kings Farmor Grantee or Debitor his estate was alwayes after esteemed incombred Now this was more feared when it was granted to him by Judgement of the Judges that he in Temporals might by a Clause of Non obstante dispence with any Statute Law and that though the Statute saith such dispensations should be utterly void as it was in the time of Henry the seventh the beginning was in Edward the fourth not so plain Acts of Parliament bind not the King unless especially named Now these unhinged all our Liberties for by the one he was not bound except named and by the second he might dispence how-ever named therefore these how ever used I cannot reckon as legal Prerogative I now proceed with Prerogative called Just that is That the King or Supream Power for the benefit of the Commonwealth have the estates of those that die without heir for no private or particular heir being the publike is rightly preferred so if they purchase who have no right as Aliens they have also given him those Royal Mines of gold and silver lest such things in Subjects should raise them so high as they should be able by leavying Arms to contest for the Supremacy and attempt a Tyranny Now this if agreed as agreed is most just They gave him some honorary respects meerly as for example That the Lord should not seise his Villein in his presence how justly may well be Quaeried For if just to be done why not more just before him To which may be added That Amerciaments Fines c. which had no exact literal Rule as offences made by Statute punishable by the Justices at Sessions with unlimited Fine or Amerciaments were said to be by vertue of his Prerogative as his Iustices that is they were to Fine at discretion that is according to the nature of the fact respect had to the Law that is saving his Freehold or not to the value of his Freehold or so that he should not for to pay that Fine be
there is no cause evident but grant it so we must then see whether the Prince be an absolute Monarch or limited If absolute then it iâ— the greater difficulty for there being no barr in such cases betwixt the Prince and lust the decision of the difference must be by the whole community at least the greater part and if they break out wo to the Commonwealth c. It is the difficulty to do just things in such extremities not the injustice of the thing puts so many barrs in the way and the evil truly is so great that prudence hath totally waved a liberty of such judgings finding the dear rate Liberty is in such cases purchased at But some Princes have by renewed Tyrannies trusting to their power enforced the multitude to lash out and great men for safetie to head them but when matters come to this pass it is surely a judgement on both sides Now all Christian Princes held this that they being all Typed out by the Judicials they forsooth were absolute Princes anoynted with holy Oyle and so apply all the Texts of Davids not daring to stretch out his hand against Saul his heart smiting for cutting off the lap of his garment hindering Abishai from killing him in his Tent yet agreeing the Lord had delivered him into his hand and that after the Kingdom rent from him and given by God to himself and he with holy Oyle also anoynted And lastly for his slaying the Amalekite who pretended to have killed Saul ahis request to themselves as anointed c. and upon this they get the heart to trangress Laws at liberty and even do what they lusted yea inverted the just ends of universal good for the enhansig of absolute power to their own ends only neglecting the publike claiming propriety in the Rights of the Nation as in private inheritance though truly to that end alone any power absolute or limited cannot be pretended to Now therefore I said the evil of common Rebellions c. hence arising The Pope the Lord Christs servants servant becomes the decider of the controversies of Princes when the Lord himself would not be a Iudge amongst ordinary men and by this string were the Princes of the Earth drawn to commit Fornication with this Whore and she thereby sate upon many waters but if so be that there be none but the Pope that hath right to depose Princes surely they need never fear But in case they be limited Monarchs such as all Christian Princes were having their estates Judges of their Actions whether they were called Dyets Assemblies Conventions or Parliaments they are to be judged by them Now to know whether they were Judges of their Actions or not it is only considerable in whom the main and principal part of supremacy rested for making and annulling of Laws war and peace and raising Moneys For as these were intrusted so was the supremacy and trust of absolute power more or less visible and if the Estates had the most then no doubt they may call to account yea and for ought I can see can be fetched from any the Texts aforesaid or any other may be punished but not by David no nor Abisha nor Davids six hundred The case was personal as to all Israel so the enmity was private and David and all these were but particular persons private men Now therefore to avoid the danger of general Concussions and Conquassions of a Commonwealth setled in popular order it is requisite so to temper it that the constant acting Magistrate may have a kind of superadvisor and the truly wise and honest will soonest yield Such as would be Tyrants if Kings will only seek unlimited power in Common-wealths let not this seem unreasonable to give presidents were easie but you will say facts prove not I have given reason and if that will not prevail what will the reasons are evident give a divine word and I am silent for all Saint Pauls give obedience to Magistrates and let every soul be subject will bear no more water now to free wicked Magistrates from due punishment how high in trust soever so the punishment be done duly then that of Paul Give not a Virgin in Marriage Force may suppress the opinion but wickedness of Magistrates will raise up their own strengths against them yea their confidents will betray them and if from hence you conclude I hold Magistracie a humane Ordinance then you must agree to what I hold forth for what man establisheth man may pull down alter punish c. But I say Magistracy is Gods Ordinance established for mans good and by man admitted under various names and notions which persons and Offices particular are the Conventions of men either by force which are void or Conventional and by compact which being civil are and may be enforced Now this is to be known that this is intended only still in Civil matters wherein just and good for the well being of men as men is intended not of power or obedience in respect of Religious Duties There are as I have said before evils in all States through the pravity of mans nature so that it is not the form of Government but the men that in Religion and Reason gives forth blessings unto a State and the degeneracie of men was never more then now and never more then among so called Christians Blame us not therefore if we endeavor to beat out the truth we have seen the glory of absolute States and also of limited ones and that both in Royalties and Republiques we know the vengeance of the Lord at the last which he we beleeve will repay upon the heads of highest proudest stoutest yea and their children also in outward calamities whether one or more whither Kings or States all their abominations with judgements answerable to his Mercy and upon this ground we are willing to let the Supream Power loose We have seen the abuses of these boundaries and bars to Prerogative and how they have oft upon unjust grounds engaged people to wars and brought great evils upon the Nations We have on the other hand seen the lawfulness of their Barrs together with their conveniencies tying up the ambitious nature of man and as they were instituted oft-times preserving a Nation from the gripes of a lusting Tyrant yea under them we have seen the excellencies of Order Government Temperance Chastity Humility shine in Princes as in meaner men and in the Chief Magistrates as in the industrious so called Commoner We have lately seen at home and do still abroad that great men in power put the evil day far away and if they have no aw upon them but the general Audit at the last day it is so far off their consultations that they are in a most lamentable woful case who find no mercy with them till that day I come now to the last part of this Question and that is how they are to be punished To which it is generally answered That they who have the
power enforced for though I must agree the Magistrate may enforce an Atheist and so a Non-Conformist for fear of punishment to the Congregation and he may be there converted for some undoubtedly have been Yet we cannot thence infer that the work is of duty he uses indeed a means which reason is capable of but to enforce by pecuniary punishments much more corporal is most assuredly so far doubted that it is not suddenly to be acted for what is for you to day is against you to morrow as the Supream Magistrate varies in opinion which Law is then without its certain Rule and that for which the Magistrate can give no certain Rule is not to be made by him a Rule or Law at any time For the Magistrates making Laws in these things which tend circumstantially to the service of the Lord with Christians I intend the matters so called of indifferency surely therein is the Liberty of Christianity and the glory of it is not to be tyed to the Apish formalities of Superstition conformity and uniformity have been made the great wheels of Satans Chariot to hurry us from the simplicity of unity Christian Charity and Faith and is to be exploded the Congregation of the Faithfull Now to clear the Magistrates power as to his Trust in and concerning both Tables the matter is plain the Offices of Magistrate and Minister are distinct as a Magistrate he cannot intermeddle with the Ministerial proper Duties but with the Minister he may if he neglect his duty and that is no more then that the Minister by his Office is not freed from Civil Judicature And so though with Vzziah he cannot Ministerially dispence the Ordinances yet he may and ought to see the Minister do his duty this is according to the Law of God and of this he may be judge That is he may consult and punish and so inforce and both these Offices may be in one person I shall not enlarge concerning this any further but now proceed in the orderly setling of the Commonwealth by due and necessary Administration of Laws for Civil peace But before I come to particulars I must a little generally enlarge my self concerning the power of the Magistrate and his duty that is that the Magistrate hath all power and is to execute all power in all things of what nature soever conducing to the safety of the Commonwealth and therefore that in some cases conscience cannot be pleaded but notwithstanding all such pleas due punishment ought to be inflicted To give Examples of Murther and Adultery Incest and the like will be plain But for Concubinage and the true Polygamy or many wives at once will be difficult with many men Yet these sure if made general being but the restraining of the natural appetite and most consonant to the hinted Doctrine of our Saviour in those words It was for hardness of heart onely that Moses allowed it it was not so from the beginning God created them male and female The Magistrate may justly and lawfully improve his just Authority but to extend it to death as hath been used was assuredly not so obviously warrantable But to embroyl a Nation in War and blood or lay a foundation to it for not agreeing in the manner of exercising the Ordinances of the Gospel that cannot be allowed Such as marrying with a Ring at the Table with a Communion to receive it sitting or kneeling to administer it in the morning or at night with a Surplice or white garment with all the like that it must be done onely in the publike Place of publike Worship so called Church and this to prevent Heresies c. Surely it is natural to each man to believe his own opinion right and that he is educated in the natural man without further controversie allows however he practises clean contrary Now it is certain being all born in sin and under wrath there must be a work of God upon the Spirit before we understand the things of God this God doth ordinarily by Preaching Reading Praying Conferring Meditating sometimes by afflictions with these sometimes by an extraordinary accident as delivery from an unexpected danger or seeing some great judgement or sudden plague in and upon other men a thousand wayes there are whereby God preaches to a man Now accordingly as the Spirit is affected so usually is the man zealous or remiss and assuredly in such changes God is seen and glorified most as are from very bad to very good as Paul from a Persecutor to become u Preacher and here the world takes most offence It is true the Angel of the Church is not to suffer the woman Jezabel nor the Doctrine of the Nicolaitans to take root in the Church of God but to labour with the Sword of the Spirit not with fire and faggot to reprove exhort admonish perswade convince and the Magistrates ought to exhort the Congregations to their duty that men so qualified be ordained Elders in all the Churches and that they do diligently and faithfully improve the gifts given them to the edification and peace of the the Church and the gifts ceasing to see others appointed in their places And the Pastors are to see the disobedient and perversly refractory to be ejected their Societies And the Magistrate may approve the Rule of the Congregation that no other Congregation receive them ejected without satisfaction to them who ejected first given So that if you take the exhortative inforcing the just duty of Christians from Christians in the Christian Magistrate to be the keeper of the first Table he may be so called But if you take it for the person properly chosen by God to maintain assert and defend the truth of his Service the Magistrate hath a share in it as a Christian if he be such and the Pastors the like a special share in regard of their more immediate trusts but this keeping of the first Table is a Right belonging in my opinion to the whole body of Christians and every member may claim his due The Magistrates even while pretending to it have been the greatest oppugners of it witness the persecuting Christian so called Kings and Princes in the Church the so called Clergy drawing in the same cord witness the cruel Massacres and Persecutions the Pope and Bishops have raised for the same pretences and all we believe against the Truth so that it is manifest these did not keep it who then kept it But they who had no Magistrate among them and seldome a Minister so called to instruct them yet were the rite of Gods Service kept by them as by the seven thousand in Israel when King Bishop Priest and all worshipped Baal I now hasten to the Settlement intended wherein I shall begin with Education of children How Children are to be Educated by Magistrates Authority THe Lord God took care for the meat or nutriment of special children even in the Womb But ordered every Mother to give her own child suck presupposing that
by loss of their beasts the ground spoiled and not half improved And lastly no due extant visible rule set which ought to be in all Counties anew and Rules for dreyning and improvement beyond what the Commission of Sewers can reach To avoid this it is necessary as in other matters to empower some Gent. to consider the Commons give them only their charges necessary at a set rate let them have power if you can pitch upon trusty persons to settle Commons if you will continue them otherwise to part them proportionably and improve them by severalties leaving a set part to the poor only to be improved for them according to order of the Commissioners by the overseers for the poor and the order recorded in the County-Book for that purpose and also in the Town or Towns if there be entercommuning this is the best way of the two as by experience meeting with more evils and remedying them then the other way is capable of in a present settlement and is assuredly far more durable Let free Warrens and Fold-courses be considered but not at the height and setled where they please in severalty this if wisely and prudently ordered will afford not only a great and most considerable improvement but will afford a mean of setling the Nation and may now be done without danger of Insurrections or Tumults And let but the setling of Tenures be carried on rationally plainly and prudently with it and the Generalty of the Nation will assuredly see the clear benefit of change of Government Provided they may have Justice that they may abide by that is know assuredly when to end as to begin and at what expence Who ought to have the oversight of Bridges Rivers c. NOw as all matters of right and wrong are under the cognizance of the Supream Magistrate who as he cannot by himself dispatch all businesses belonging to the Land but by many hands so much less all both at water and land and all the evils accruing and arising in from and by both Therefore it is fit to have a Magistrate specially deputed for cognizance of all such matters which now lay in the cognizance either of the Admiralty or Commission of Sewers or Iustices of the Peace respectively or for which any Commission is issuable upon any Statute with such rules as are necessary both for amending judging and determining matters yearly emerging and also such as are meerly accidentall and that in the respective Counties yet in such a way as the errors in the adjacent parts of Counties may be tryed without infringement of Liberties which is best by a mediety of Jurors impanelled yearly one year by the appointment of the Judges of one County the other year by those of the other County and so by course constant in those places we seeing the excessive charge and trouble of purchasing Commissions for let a Statute appoint five shillings only as in case of the Commission of Sewers you can have none under five pounds and ten or twenty pounds attendance to procure it Who are to be admitted witnesses in Judicial Tryalls IF Jurors be to have knowledge and estate and that in such manner as may answer the Trust then surely in some measure witnesses upon whose evidence the Jury is sworn to lay the foundation of their judgement so called Verdict ought to be men fit to be beleeved The Law principally looks first at infamy especially perjury but this being legal perjury the punishment was so penal and the Law so difficult that few were complained of fewer attainted Now this is sure moderate punishments severely executed curb more then severe punishments remisly or not at all The Law in the next place lookt at Excommunication for relations they are not valued in Law as to witnesses Assuredly he ought who is a legal witness to be of sufficient understanding next not convicted of notorious crime for justly what is the cause of rendring a man uncapable of the benefit of the Law or rejection of Church-Society ought to be admitted if proved a good plea against the witness yet let such a man speak but not upon oath for he that obeyes not man for Gods sake nor God for his own is not be allowed to call God to witness for in his acts he denyes him though with his mouth he owns him If it be askt Why heard Then I answer he may speak truth but is unworthy that sacred Testimony Therefore the Magistrate must from his words and probabilities and circumstances and so the Jury gather the truth of the matter but where the man is capable of oath let him be sworn whether 'twixt the State and Subject or Subject and Subject for right is the same There is also necessity to hear the wickedest mans Testimony though not swear him because we cannot alwayes chuse witnesses therefore estate is not requisite nor can be stood upon in witnesses as in Jury-men who are to be chosen For point of favor I find in this Age it is of great importance for such relations in Nature are generally preferred to though unworthily relations either of Countrey or City earth or heaven few men leave all for Christ Truth or Justice sake Therefore I would admit the notice of alliance but not the objection and hardly carry it upon such a single Testimony When Laws have their beginning and how to be promulged ASsuredly there ought to be a day certain before which in the several Cities Towns Hundreds c. respectively there ought to be an Assembly of the people those at least who are or may be or immediately are concerned in that Law and there by some one or more of the Justices of the limit or some other thereto appointed the whole nature of the Law and the reason of it ought to be opened and the people exhorted to obedience themselves and also to see that their Neighbours do the like which is of necessity But the inability of Iustices and difficulty of Laws have rendred the people wholly doubtful and stupid or petulant and stubborn And before such promulgation no punishment but of the Iustice for not promulgating or Certificate of the default of the representative for not transmitting the Law the same to be setled and published accordingly The lew knew all Moses Law the Christians Lords know not their Law they are all enshrined in the breast of the Iudge but enough of that The Magistrates duty to repress excess in Apparel THe mind of man is apt to take impressions of sundry Natures and education may assuredly rectifie Nature much of this rests in Apparel for vain light Apparel makes the spirit lofty not solid and changes of habit adapt to mutability of fancy a light flashing wit in stead of a composed judgement Proud humerous self-conceited and stubborn in stead of a reserved prudent debating or submission If the interest of setting many poor on work and supposition of enabling to pay Taxes can over-ballance the interest of the just and
they do and go unpunished be assured the Magistrate is in the greatest fault he is or loose or lazy or both So for maintenance in this way the Magistrate may clearly setle it and ought and that onely from a publike maintenance for otherwise his people will grow pure beasts in the form and shape of men and to these he ought to setle a maintenance competent for humane industry is capable of humane satisfaction this as Teachers but as Pastors let the additionall maintenance be as Christian duty requires Now to setle it as Tythes were the What and how and where and when and to whom well setled it cannot be unlawfull that is to give a tenth but to admit it as of duty to the Minister as to the Priest to plead customes of and for Tything as well as to deny customes of not Tything are all equally absurd if throughly scanned A maintenance and that onely is agreed due by all to them that Labour in the word and Doctrine but the whole Ministery hath with us been so Generally corrupted that not onely men have made or pretended conscience to pay any Tythes to such wolves in sheepes Cloathing but from the vanity wickedness and perversness of these men of corrupt minds have questioned whither a ministry be Here is a hard task for the Magistrate for he hath been necessitated to take that power into his hands which at first himself questioned whither it were lawfull for him or not but attempting and finding no danger present the fear is now least he should not let go his hold I presume this is clear he may and will declare if he have any Religion which he approves this is most naturall that he will establish what he consents not to who can perswade himself of it all that I can say is if he be a Christian let him with all meekness and in the evidence of truth by all Christian means labour to win all but to enforce none but the wicked and disobedient to just and righteous Lawes The want of which is the great disgust of all good men but I shall not enlarge here of that The Churches power then consisting principally if not wholly in things plain and evident it is most certain that the Magistrates Power in ordinary ought not to stretch so high much less exceed that is to help where that with humane thoughts seems to come short as the Church hath hitherto held Now in this I shall speak one word to the great and weighty consideration of the Supremacy of power and whither and how there be or may be Two Supreams which will a little clear up the way for amity amongst so called Christians of all opinions First we must consider the rise of the controversie is from the word of God in all the new Testament wherein all words of saving knowledge are directed soly wholy and onely to the Elect Saints at least by calling and profession which in their season some think nay beleeve shall govern the world and at these as called out of the way of the world to a more holy and spirituall serving of him Now some suppose this was to be done onely in a Church way which both Papist Greek Church and Protestants of all sides agree that is that the Magistrate Ruling among Christians in ordinary ought to be a Christian Now saith the Church of Rome and all as a Christian he must be a member of some visible Church if so he must be subordinate to the Pope and a generall Councell saith the Pope to a generall Councell and Fathers of the Church lay the Biblers of old To a generall Councell and the Kirke say both the Lutheran and Calvinistical Divines All which place the Power of the Church Authoritatively in the Officers or Officer Supream Now those of the Congregational way of all sorts distinguish as the rest do First in that the Supream Magistrates are men and so members of Churches they are Subject to the Discipline of the respective Congregations and Churches but as Magistrates they are distinct Officers in the world for the good of all men and the peaceable and quiet Governing of those committed by God to their charge Now as a member he is inferior to the whole And as a man he is Subject to Ordinances But as a Prince he is not Subject to the Church for as the Prince cannot as Prince perform the Offices of a Pastor So neither can the Pastor Officers of one or more Churches intermeddle with the ruling power of the Prince as a Pastor or Church Officers in any of their opinions Now for Supremacy they who are Christian Princes and Pastors will not strive for the Supremacy of Power but keep their fixt places All Saints are now the Kings Priests and Prophets of the most High God But more especially the chief Magistrate in Ruling represents the Kingly Office of the Lord Christ and the Pastors and teachers the Priestly and Prophetical The Prince Governs the Commonwealth according to the Judiciall Law of the Almighty God the Law of pure righteousness laid forth in both the Testaments And the Pastors and Teachers and Elders Govern the Church in dispencing the Ordinances and Rules of the Gospel the Pastor principally if not only in Preaching of the Doctrinall part of Christianitie the brethren appointed to teach in opening the practicall part of Christianitie I know that some hold that all ought to come under the pure notion of Church Government and all Magistrates to Rule as Church Officers I allow it fit to be Queried but I presume it is the wickedness of our present age blinds our eyes that we see not all that all of them who pretend to sinceritie desire And I see not notwithstanding our variety of opinions but that all that have not the mark of the beast shall sit down with Abraham Isaac and Jacob in the Kingdom of Heaven By this it is plain there is in the Church of Christ the Lord Christs Substitutes in Governing the Nations by the materiall sword according to a Law of righteousness and Justice which man may comprehend And there is the Lord Christs Substitutes in holding forth to the severall Churches the Gospel of Love the one hath the sword of Justice the other that of the Spirit In the order of Government the Pastors and all the Saints must submit to the Supream Magistrate as to Christ the King As a Christian the Magistrate must submit to the Doctrine and Discipline of the Church of Christ as a member of that body whereof Christ is the head as a member a Christian subject to the Ordinances of the Gospel As a Prince ruling justly those committed to his charge It will be thought that this admitting of the Prince subject as a member will make his power subservient to the end of that particular Congregation to which he is associated And this will breed Emulation and at last division Now let this throughly be considered in the cause
moved justly who was the first and principal Agent the Lord in appointing or the people in requiring a King which being plain on the peoples part it is objected that the Lord in his first laws to his people Deut. 17. 14. c. gave them a Rule concerning the choice of their King namely one of their brethren c. and that Jacob prophesied of the same and that God laid down the duties of the King c. To which it is answered that neither the prophesie of Jacob nor Gods laying down the Kings choice duty and such like no nor Samuels annointing Saul by Gods appointment proves any divine institution no more then the prophesies c. of great sins and defections from God c. warrants them No no the utmost it holds forth is rather a Divine concession then an original institution for the Lord in that eighth of Samuel tells Samuel the people had rejected him for being their King and laying before the people by Samuel the usage of Kings ruling at list or according to their own will and power as it were to deterre the people from it the peoples stubbornness ver 7. 8. and 19. and 20. shews plainly that in wrath as the spirit elswhere expresses it he gave them a King that is yielded to their desire of a King and Saul annointed by Samuel was chosen by Lot and being hidden was sought and by Gods direction found out of the people and saluted King with a God save the King whence if it be thought fit to be objected he was chosen by Lot and so the disposition of that being from the Lord the Lord appointed the King it s agreed but thence to infer that Kings are of divine institution it followeth not This only is properly raised thence that God appointed that person Saul to be King of his own people after Saul David comes to the Throne and though by Gods appointment and special designation the house of Saul contends with him Absolom he Rebels and carries the multitudes of Israel after him and Solomon the wisest of the sons of men succeeding though by Davids appointment yea by divine approbation many waies manifested if not fore-prophesied he so sins that the Lord rejects him dividing the Kingdom and now in the settlement of hereditary succession that special spirit which accompanied the cheifs or Kings of Gods people ceases as to the most if not all of them and rested upon special Prophets whom the Lord raised up in the Raignes of several Kings for the manifestation of his glory and love to his people not only declaring his notice of their especial sins but also denouncing judgements in case of impenitency which accordingly fell out in the several raigns of several of the Kings of Israel Judah which subsequent Kings were either faithful wholly or in the main depending upon God walking in the waies of David their father or else a kinde of formal servers of God not faithfully but hypocritically or openly prophane and Idolatrous one or two especially Jeroboam who made Israel to sin yet of Gods appointment renting the kingdom from Solomons heire to give it him and Ahab that sold himself to work wickedness in the sight of the Lord for whose outward humiliation only God spared the Nation during his daies Now this is to be noted that even then such as was the King such was the pople generally and for the greatest part at least in outward profession An idolatrous King an idolatrous people a luke-warm King a careless people a zealous faithful King a reforming praying people So far ever was outward splendor and power a leader of outward profession and civil conversation and under the law accordingly as the Lord was served faithfully negligently or prophanely such was his cariage towards this his people under faithfull and holy Kings great blessings both of War and peace under the indifferent luke-warm neuter self-seeking Kings Secureness in peace and cutting short in War But under the idolatrous and openly wicked actual devastations besiegings overthrows and at last general captivities of which the kingdom of Israel so called being of the ten Tribes under the head Tribe Ephraim felt sorely and still feel where ever they were carried by the Assyrian Monarch who was punished as for her own sins so for the example of her sister Judah whose race was yet continued in their own land under their own governors but for sin cut short and the royal race wasted or over-awed the kingdom at last became Mercinary and set forth by the Asian Kings the successors of part of the great Alexanders Monarchy to a publique sale yet sold to the Preists and of the royal blood untill at last in the fulness of time the Romane conquering or Commanding both the Asian and Aegyptian Princes it was sold or given to Herod an Edomite so that now the Law-giver and Scepter departed from Judah The temporal kingdom of the Jew in power royal ceased from all the Tribes of Judah and Israel And now the Jews themselves expected the comming of their Messiah and the fulfilling of the Ancient prophesies according to their received vulgar interpretation of a most glorious mighty powerful Prince then to be raised up of God who should subdue all their enemies under them free them from the Romane yoke now so much feared and should lead them in the strength of Moses and Elias and by his power should consummate all their joyes in reducing their dispertions to an head and seating them freely and absolutely the Commanders of the Universs Thus private interest still led on the people though pretending to God so powerful is nature ever with the flesh Having here drawn into a short sum the Misterious history of Gods dealing with that people which he did more immediately hold as his own inheritance and made a special covenant with them before we pass to new matter let us a little look back and reveiw generally and briefly what this people was the form of the Covenant the nature of the Laws and Statutes given them by God and their execution and such other particulars as shall offer themselves In the first age the persons magnified in holy writ is Abel Enoch and the rest what were they but plain men living innocently Abel though loving God and loved of God God rescues him not from the violence of his brother Cain but he falls and perishes under his hands and Enoch among the Ancients lived no more then three hundred sixty five years and was translated as t is translated that is to Saints taken into the mistery of God but to men ceased to live longer on earth both were blessed yet one dies violently or untimely the other timely he lived not half the daies of wicked men before translated both judgements in mens accounts In the succeeding generations after the flood what was Noah the preacher of righteousness or of the truth which were traditionally or otherwise received as the word of the righteous God
He was neither believed or regarded of the wicked world and though he saw Gods great judgement upon the world and his special mercy to him in their destruction and his own wonderful preservation immediately sins grievously and is derided of his own accursed son yet this is the man whom the Lord chose and with him enters an express Covenant When he chose a Judge and Ruler whom did he choose but Moses And his present qualifications were an Alien exposed in a strange land and fled then for fear of what the eye and Judgement of man called murder I speak not this to justifie suddain murders and where he was at first a hired servant at best a sheppard a stammerer and tediously impertinent even with God himself and loth to the work though God had also fitted him in a humane way for government yea the extraordinary duty which was upon him to lead a rebellious and stiffnecked people as he found them to which end surely by divine providence he was not only of a meek spirit to bear injuries but wise to make use of them brought up not only in Pharoahs house but learned in more then the ordinary politiques or usual recreations of hawking and hunting swearing drinking gaming c in all the learning of the Aegyptians which was the admirablest of that age as stories witness the very Greeks themselves borrowing their knowledge from them And this was according to the rule of God for the choice of a Magistrate men of knowledge not men that had the age for knowledge or education or such like helps if they wanted the thing but that knowledge indeed I omit to speak of Abraham Isaac and Jacob as exercising but only a paternal power which though it were the foundation or rise of other governments yet must now be enlarged as necessity evidences as well as enforces and when the other Judges or Heads or Elders were chosen they were chosen according to the rule and so long they prospered yea go to the Kings Saul seeking Asses David from the Sheep-fold and how were these despised that I may speak it once for all the generality of men saw not Gods choice else why did the people so murmur against Moses and Aaron Miriam against Moses as also Corah Dathan and Abiram and the next day all the people notwithstanding that exemplary punishment upon them saying of them swallowed up you have slain the people of the Lord so of Saul shall he he in derision what a Benjamite a yonger son c. shall he deliver us how Deliver as if they had said he cannot and if you aske me the reason both of this and all other disobediences to prophesies commands and declarations of the will of God I must deal plainly with you the same reason moved them moves us and so on the contrary we believe or believe not the word As our harts are affected so move our hands so are our actions enlivened see this when Saul chops the Oxen in pieces and sends them through all the coasts of Israel with that Proclamation So shall it be done to him that will not follow Saul and Samuel The fear of the Lord fell upon them says the Text what is that but the Lord put or raised up their spirits to the work and so it was effected and where God gave a spirit of sloath deadness of heart c. there they set still and were afterward punished as well as cursed who did not help the Lord against the mighty Yea the Prophets were not esteemed in their daies which of them came to his end either without sufferings or but by sufferings and who were the Enemies The Kings c. and which of them but the evill ones see Isaiah Jeremiah and the rest and yet their great renown was spread abroad amongst strangers though there may be a reason for it as Jeremiahs providing for by Nebuzaradan giving him in charge to Gedeliah and that was he prophesied against Zedekiah and for Nebuchadnezar but our Saviour hints another God did not raise up his Prophets in vain but they were his messengers and against the Kings and Princes and therefore being hated or at best neglected by them so were they by the inferiors following their example and so called mad fellows and by the base Priests of Idols forbid to prophesie in the Kings Court and all along such were they whom God chose owned imployed and Covenanted with and now not to speak here more of the persons I come to the nature of the Covenant which both with Noah Abraham and his offspring Moses and all Israel were in the letter but outward blessings and though by the word everlasting there is more to be gathered yet at first veiw what is it Seed time and Harvest the dominion over and use of the Creature but with restraint not with the blood cold and heat Summer and Winter and now God gives a law and not before otherwise then as the voice of nature sounded it forth against murder professing he will not only require the blood of man at the hand of man and that without any exception but even of the beast and this law was before the so called partition wall of divine love to the Jew was declared while all men were simply considered as the sons of Adam Upon this declaration declaration there is a new covenant but what is that All this land will I give to thee and thy seed and blessings where ever they go assured by the note of Gods Alsufficiency which though typing higher matters both in respect of the place Canaan and his seed the Lord Christ Jesus typed in Isaac yet Abrahams faith fails him for his life and wife he lies and Jacob pilleth rods and decieves as some say Laban to enrich himself and was irregular in his affection to Rachel and other frailties Such also was the Covenant with Moses and all Israel In blessing I will bless with riches honor long-life victories over enemies and this was in case of obedience to Gods laws and then for disobedience Cursing I will curse the earth should be Iron and the heavens brass and as before one should chase 100. and 100. put 10000. to flight c. so now they should flye when none pursue the same Covenant with Solomon all which shews that what the Lord held forth to the Jew was outward and legal obedience so called righteousness and now that the Covenant might have effect God gives his law with promises and threats and this according to the nature and quality of it either toward himself or of one man toward another for the Laws towards God they were either the moral the sum whereof was the ten Commandments of which the first four are here first to be discussed and are indeed the prerogative or royall law which were briefly To have but one God Secondly to make no likeness of him Thirdly not use his name irreverently Fourthly to sanctifie a seventh day if not the seventh day to him