Tracts on Liberty by the Levellers and their Critics Vol. 2 (1644-1645) (2nd ed)

Tracts on Liberty by the Levellers and their Critics, Volume 2 (1644–45)
(2nd. revised and enlarged Edition)

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Revised: 25 May, 2018. [26 titles: 12 from 1st edition corrected; 5 elsewhere in OLL previously corrected; 9 new titles (8 still uncorrected)]

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Table of Contents

Tracts from 1644-1645 (Volume 2)

T.32 (8.18) Anon., A Dialogue betwixt a Horse of Warre and a Mill-Horse (2 January, 1644).

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T.32 [1644.01.02] (8.18) Anon., A Dialogue betwixt a Horse of Warre and a Mill-Horse (2 January, 1644).

Full title

Anon., A Dialogue betwixt a Horse of Warre, and a Mill-Horse; Wherein the content and safety of an humble and painfull life, is preferred above all the Noyse, the Tumults, and Trophies of the Warre. Full of harmelesse Mirth, and variety.
London, Printed by Bernard Alsop, and published according to order, 1643.

Estimated date of publication

2 January, 1644.

Thomason Tracts Catalog information

TT1, p. 303; Thomason E. 80. (5.)

Editor’s Introduction

(Placeholder: Text will be added later.)

Text of Pamphlet

A discourse between the Cavalliers Warre Horse, and the Country-mans Mill-Horse.

Cav. hors.

WEll met old Mill-Horse or indeed an Asse,

I must instruct thee before we doe passe

How to live bravely; look on me and view

My Bridle and my Saddle faire and new;

Warre doth exalt me, and by it I get

Honour, while that my picture is forth set

Cut out in Brasse, while on my back I beare

Some Noble Earle or valiant Cavallier.

Come therefore to the Wars, and doe not still

Subject thy selfe to beare Sacks to the Mill.

Mil-hors.

Despite me not thou Cavalliers War-Horse

For thouogh to live I take an idle course,

Yet for the common-wealth I alwayes stand,

And am imploy’d for it, though I’m nam’d

A Mill-Horse, I am free and seem not under

Malignants that doe townes and houses plunder.

Transported on thy back, while thou must be

Valse guilty of their wrong, and injurie.

Done to their country, while without just cause,

Thou fightest for the King against the Lawes.

Against Religion, Parliament and all,

And least the Pope and Bishops downe would fall.

Thou art expos’d to battle, but no thanks,

Thou bast at all when thou dost break the Ranks

Of our stout Muskettiers, whose bullets flye

In showres, as in the fight at Newbery,

And force thee to retreat with wounds, or lame,

Is this the glory of thy halting fame.

Whereof thou dost so bragge [Editor: illegible word] beside thy fault

Of fighting for them who have alwayes fought,

Against the common-wealth, is such a sin,

That doth stick closer to thee then thy skin,

What though upon my back I carry sacks;

Thy meat is plunderd out of barnes and stacks;

While thou dost feed on stolen Dates and Hay

The wronged Farmers curse the strength away

Of all thy Diet, often wishing that

Diseases may consume thy ill-got fat.

Therefore recant and never more appeare

In field a Champion for the Cavallier;

Let not his spurre nor false fame prick thee on

To fight in unjust warres as thou hast done.

Cav. hors.

Fame is not what I aime at, but the knowne

Right of the King, the trumpet that is blowne

Unto the Battell doth not give me more

Courage, then what I had in him before,

As if we did partake of more then sense

And farre exceeded mans intelligence,

In stooping unto Kings, and doe prove thus

Our selves descended from Bucephalus,

That Horse who did no loyall duty lack

But kneeling downe received on his back

Great Alexander, while men kick and fling

Against the power of so good a King

As time hath blest us with, O let this force

A change in thee who art a dull Mill-horse.

Thou art no Papist being without merit,

Nor zealous Brownist, for thou dost want spirit.

But with a Halter ty’d to block or pale,

Dost pennance, while thy master drinks his Ale

In some poore Village; such a poore thing are thou

Who Gentry scorne, beare till thy ribs doe bow

Burthens of corne or meale, while that Kings are

My Royall Masters both in Peace and Warre.

Mil-hors.

Boast not of happy fortune, since time brings

A change to setled States and greatest Kings,

England was happy; peace and plenty too

Did make their rich abode here, but now view

The alteration, Warrs hath brought in woe.

And sad destruction doth this land o’flown

Now thou art proud, but if this warre in peace

Should land thy high ambition would then cease;

Thy strength and courage would find no regard,

Thy plundering service should get no reward,

Although in warrs thou trample down and kill

Thy foe in age thou shalt beare sacks to Mill

As I doe now, and when thy skinne is grizzle

Groan underneath thy burthen, fart, and fizzle

Like an old horse, a souldier of the Kings,

“All imploy’d valour sad repentance brings,

When thou art lame, and wounded in a fight

Not knowing whether thou dost wrong or right,

Or what is the true ground of this sad warre

Where King and subjects both ingaged are;

Both doe pretend the justnesse of their cause.

One for Religion, Liberty, and Lawes;

Doth stand, while that the King doth strive again

His Right and due Prerogative to maintaine;

The king keeps close to this, while subjects be

Growne mad to eclipse the sonne of Majestie

By enterposing differences; how canst thou judge

Where the fault is: both at each other grudge,

I know that this discourse is farre too high

For us, yet now to talke of Majesty;

In boldest manner is a common thing

While every cobler will condemn a King,

And be so politick in their discourse.

Yet know no more then I a poore Mill-horse;

Who for the common-wealth doe stand and goe,

Would every commonwealths man did doe so.

Cav hors.

Mill-horse in this thy space and speech agree

Both wanting spirit dull and tedious bee;

The King and commonwealth are vexed theames

Writ on by many; prethee think on Beanes

And Oates well ground, what need hast thou to care

How the deplored commonwealth doth fare;

For policy this rule in mind doth keep,

“Laugh when thou hast made others grieve and weep

What care we how the State of things doe goe?

“While thou art well, let others feele the woe.

If I have store of provender I care not,

Let Cavalliers full plunder on and spare not,

When Ockingham was burned I stood by

And like each widdowes wept at ne’re an eye,

When the town burnt a fellow said in leather

“He lov’d to see a good fire in cold weather;

And with the simple clowne I doe say still

“If I doe well I care not who doth ill;

For with the Cavalliers I keep one course,

And have no more Religion then a Horse,

I care not for the Liberty nor Lawes.

Nor priviledge of Subjects, nor the cause,

Let us stand well affected to good Oates,

While that the ship of State and Kingdome floates

On bloody waves, the staved rack shall be

Crammeed with hey, a commonwealth to me.

Mill-hors.

Alasse I pitty thee thou great war-horse

Who art like Cavalliers without remorse:

The sad affliction which the Kingdome feeles,

Regarding not, thou caste it at thy heeles

And so dost prove that horses have no braine

Or if they have they little wit containe.

Unto the Kingdomes tale thy prick eares lend

Whose griefe I will describe, and right defend.

Cav-hors.

Thou defend right, thy right to the high way

Is lost, as sure as thou dost live by hey,

In telling of a tale without all doubt

Thou needs must stumble, and wilt soon run out

Of breath and sense, good Mill-horse, therefore prethee

Leave tales, there are too many tales already,

That weekly flye with more lies without faile

Then there be haires within a horses taile;

And if the writers angry be I wish,

You would the Cavalliers horse arse both kisse,

Not as the Miller thy back doth kisse with whip,

But as a Lover doth his Mistresse sip;

For know the Cavalliers brave warlick horse

Scornes vulgar Jades, and bids them kisse his arse.

Mill-hors.

Thou pamperd Jade that liv’st> by plunderd oates

My skin’s as good as thine and worth ten groates,

Though slow of foot, I come of a good kind,

Of Racers, gotten by the boistrous wind

When the mare turned her back side in the mouth

Of Boreas, being Northerne breed not South.

The Millers horse before the warres began,

Would take the way of Lord or Gentleman;

And when Peace shall Malignants keep in aw,,

I shall see thee in Cauch or Dung-cart draw,

Cav. hors.

I scorne thy motion, after this sad Warre,

Perhaps I may draw in some Coach or Carre;

And which doth grieve me, Cavaliers most high-born

I may be forced to draw on to Tiburne:

In time of Peace my blood shall not be spilt,

But like to Noble Beere, shall run at Tilt.

In Peace I serve for Triumphs, more then that

I shall be made a Bishop, and grow fat,

As Archey said, when Bishops rul’d ’twas worse,

That had no more Religion then a Horse.

But thou shalt weare thy selfe out, and be still

An everlasting Drudge unto some Mill.

Mil-hors.

No matter, I wil spend my life and health,

Both for my Country and the common-wealth,

And it is Prince-like (if well understood)

To be ill-spoken off for doing good,

And if a horse may shew his good intent,

Some Asses raile thus at the Parliament.

Scorn is a burthen laid on good men still.

Which they must beare, as I do Sackes to Mill:

But thou delighted to bear trumpets rattle.

An animall rushing into lawlesse battle;

If thou couldst think of those are slain and dead,

Thy skin would blush, and all thy haires look red

With blood of men, but I do with for peace,

On that condition Dogs might eate thy flesh.

Then should the Mil-horse meat both fetch and bring.

Towns brew good Ale, and drink healthe to the King.

Cav. hors.

Base Mill-horse have I broke my bridle, where

I was tyed by my Master Cavaliere

To come and prattle with thee, and doest thou

Wish Dogs might eat my flesh? I scorn thee now.

My angry sense a great desire now feeles.

To kick thee into manners with my heeles.

But for the present I will curb my will.

If thou wilt tell me some newes from the mill.

Mil-hors.

If thou wilt tell me newes from Camp & Court,

Ile tell thee Mill-newes that shall make thee sport.

Cav. hors.

If Country news thou wilt relate and shew me,

Halters of love shall binde me fast unto thee,

Mil-hors.

It chanced that I carried a young Maid

To Mill, and was to stumble much afraid,

She rid in handsome manner on my back,

And seem’d more heavie then the long meale sacke

On which she sate, when she alighted, I

Perceiv’d her belly was grown plump and high;

I carried many others, and all were

Gotten with childe still by the Cavaleer,

So that this newes for truth I may set downe,

There’s scarce a Maid left in a Market towne;

An woman old with Mufler on her chin,

Did tell the Miller she had plundered been

Thrice by the Cavaliers, and they had taken.

Her featherbeds, her brasse, and all her bacon,

And she her daughter Bridget that would wed

Clodes sonne was plundered of her maidenhead,

Besides I heare your Cavaliers doe still,

Drinke sacke like water that runs from the Mill;

We heare of Irish Rebels comming over,

Which was a plot that I dare not discover.

And that the malignant Army of the King,

Into this Land blinde Popery would bring.

Cav. hors.

Peace, peace, I see thou dost know nothing now,

Thy fleeting jests I cannot well allow;

And there are Mercuriés abroad that will,

Tell better news then a horse of the Mill;

But I will answer thee, and tell thee thus,

Thou lyest as bad as ere did Aulicus.

Who though he writ Court-newes ile tell you what,

Heele lye as fast as both of us can trot.

You tell of Maydens that have been beguild,

And by the Cavaleers are got with childe,

And hast not thou when thou wast fat and idle,

Often times broke thy halter and thy bridle,

And rambled over hedge and ditch to come,

Unto some Mare, whom thou hast quickly wonne

To thy desire, and leapt her in the place,

Of dull Mill-horses to beget a race;

While that the Cavaliers when they do fall

To worke, will get a race of souldiers all.

It had been newes whereas I would have smilde,

If the maids had got the Cavalliers with childe.

Mill-hors.

I ramble over hedge, thou meanst indeed

The Cavalliers, who were compelt’d with speed

Both over hedge and ditch away to flye.

When they were lately beat at Newbery.

The Proverb to be true is prov’d by thee>

That servants like unto their masters bee;

Those plundering devills on thy back doe ride,

Have fill’d thee with a pamper’d spirit of pride,

And thou hast eaten so much Popish Dates,

That in thy belly thou hast got three Popes;

The great Grand-father of that race did come

That bore Pope Joane in triumph through Rome

I beare to Mill of corne a plump long sack.

Thou carried a great Pluto on thy back.

Oh Cavallier, and who can then abide thee.

When that malignant Fooles and Knaves doe ride thee.

From town to town, and plunder where they come,

The country is by Cavalliers undone.

And these thy masters are, who fight and kill

And seek the blood of Protestants to spill;

For thus the newes abroad both alwayes runns,

That the Kings forces are in horse most strong.

Whereby it doth appeare the war-horse are

Guilty of blood-shed, in this cruell war

And yet the Cavalliers horse as I beare

At Kenton field beshit themselves for feare.

And the Cavalliers being kill’d, they run about

The field to seek another master out,

Therefore love war, and have of wounds thy fill.

While I in Peace doe walk unto the Mill;

I will be alwayes true unto my selfe,

And love the Kingdome and the Commonwealth.

Cav. hors.

Mill-horse, because thou shew’st thy railing wits

Ile give thee a round answer with some kicks,

Which Ile bestow upon thee, but I am undone,

Yonder my master Cavallier doth come

To fetch me back, and Yonder too I see

The Miller comming for to take up thee;

If thou lik’st not my discourse very well,

Mill-horse take up my taile, and so farwell.

FINIS.


T.33 (2.1) Thomas Goodwin, Philip Nye, Sidrach Simpson, Jeremiah Burroughes, and William Bridge, An Apologetical Narration (3 January 1644).

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T.33 [1644.01.03] (2.1) Thomas Goodwin, Philip Nye, Sidrach Simpson, Jeremiah Burroughes, and William Bridge, An Apologetical Narration, humbly submitted to the Honourable House of Parliament (3 January 1644).

Full title

Thomas Goodwin, Philip Nye, Sidrach Simpson, Jeremiah Burroughes, and William Bridge, An Apologetical Narration, humbly submitted to the Honourable Houses of Parliament. By Tho: Goodwin, Philip Nye, Sidrach Simpson, Jer: Burroughes, William Bridge.
London, Printed for Robert Dawlman, MDCXLIII (1643).

Estimated date of publication

3 January 1644.

Thomason Tracts Catalog information

TT1, p. 304; Thomason E. 80. (7.)

Editor’s Introduction

(Placeholder: Text will be added later.)

Text of Pamphlet

TO THE READER

THis Apologeticall Narration of our Reverend and deare Brethren the learned Authors of it, ’tis so full of peaceablenesse, modesty, and candour; and withall, at this time so seasonably needfull, as well towards the vindication of the Protestant party in generall, from the aspersions of Incommunicablenesse within it selfe, and Incompatiblenesse with Magistracy; as of themselves in particular, both against misreportings from without, & some possible mistakings from within too: That however for mine own part I have appeared on, and doe still encline to the Presbyteriall way of Church Government, yet doe I think it every way fit for the Presse.

Charles Herle.

OUR eares have been of late so filled with a sudden and unexpected noyse of confused exclamations, (though not so expresly directed against us in particular, yet in the interpretation of the most, reflecting on us) that awakened thereby, we are enforced to anticipate a little that discovery of our selves which otherwise we resolved to have left to Time and Experience of our wayes and spirits, the truest Discoverers and surest Judges of all men and their actions.

And now we shall begin to make some appearance into publique light, unto whose view and judgements should we (that have hitherto laine under so dark a cloud of manifold mis-apprehensions) at first present our selves, but the Supreame Judicatory of this Kingdome, which is and hath been in all times the most just and severe Tribunall for guiltinesse to appeare before, much more to dare to appeale unto; and yet withall the most sacred refuge and Asylum for mistaken and mis-judged innocence?

The most, if not all of us, had ten years since (some more, some lesse) severall setled Stations in the Ministery, in places of publique use in the Church, not unknown to many of your selves; but the sinful evill of those corruptions in the publique worship and government of this Church, which all doe now so generally acknowledge and decrie, took hold upon our consciences long before some others of our brethren; And then how impossible it was to continue in those times our service and standings, all mens apprehensions will readily acquit us.

Neither at the first did we see or look further then the dark part, the evill of those superstitions adjoyned to the worship of God, which have been the common stumbling block and offence of many thousand tender consciences, both in our own and our neighbour Churches, ever since the first Reformation of Religion: which yet was enough to deprive us of the publique exercise of our Ministeries, and together therewith (as the watchfulnesse of those times grew) of our personall participation in some ordinances; and further exposed us either to personall violence and persecution, or an exile to avoid it: Which latter we did the rather choose, that so the use and exercise of our Ministeries (for which we were borne and live) might not be wholly lost, nor our selves remain debarred from the enjoyment of the Ordinances of Christ, which we account our birth-right, and best portion in this life.

This being our condition, we were cast upon a farther necessity of enquiring into and viewing the light part, the positive part of Church-worship and Government; And to that end to search out what were the first Apostolique directions, pattern and examples of those Primitive Churches recorded in the New Testament, as that sacred pillar of fire to guide us. And in this enquirie, we lookt upon the word of Christ as impartially, and unprejudicedly, as men made of flesh and blood are like to doe in any juncture of time that may fall out; the places we went to, the condition we were in, the company we went forth with, affording no temptation to byas us any way, but leaving us as freely to be guided by that light and touch Gods Spirit should by the Word vouchsafe our consciences, as the Needle toucht with the Load-stone is in the Compasse: And we had (of all men) the greatest reason to be true to our own consciences in what we should embrace, seeing it was for our consciences that we were deprived at once of what ever was dear to us. We had no new Common-wealths to rear, to frame Church-government unto, whereof any one piece might stand in the others light, to cause the least variation by us from the Primitive pattern; We had no State-ends or Politicall interests to comply with; No Kingdoms in our eye to subdue unto our mould; (which yet will be coexistent with the peace of any form of Civil Government on earth) No preferment or worldly respects to shape our opinions for: We had nothing else to doe but simply and singly to consider how to worship God acceptably, and so most according to his word.

We were not engaged by Education or otherwise to any other of the Reformed Churches; And although we consulted with reverence what they hold forth both in their writings and practice, yet we could not but suppose that they might not see into all things about worship and government, their intentions being most spent (as also of our first Reformers in England) upon the Reformation in Doctrine, in which they had a most happy hand: And we had with many others observed, that although the exercise of that Government had been accompanied with more peace, yet the Practicall part, the power of godlinesse and the profession thereof, with difference from carnall and formall Christians, had not been advanced and held forth among them, as in this our owne Island, as themselves have generally acknowledged. We had the advantage of all that light which the conflicts of our owne Divines (the good old Non-conformists) had struck forth in their times; And the draughts of Discipline which they had drawn; which we sound not in all things the very same with the practises of the Reformed Churches; And what they had written came much more commended to us, not onely because they were our own, but because sealed with their manifold and bitter sufferings. We had likewise the fatall miscarriages and shipwracks of the Separation (whom ye call Brownists) as Land-marks to fore-warn us of those rocks and shelves they ran upon; which also did put us upon an enquiry into the principles that might be the causes of their divisions. Last of all, we had the recent and later example of the wayes and practices (and those improved to a better Edition and greater refinement, by all the fore-mentioned helps) of those multitudes of godly men of our own Nation, almost to the number of another Nation, and among them some as holy and judicious Divines as this Kingdome hath bred; whose sincerity in their way hath been testified before all the world, and wil be unto all generations to come, by the greatest undertaking (but that of our father Abraham out of his own countrey, and his seed after him) a transplanting themselves many thousand miles distance, and that by sea, into a Wildernes, meerly to worship God more purely, whither to allure them there could be no other invitement. And yet we still stood as unengaged spectators, free to examine and consider what truth is to be found in and amongst all these, (all which we look upon as Reformed Churches) and this nakedly according to the word; We resolved not to take up our Religion by or from any partie, and yet to approve and hold fast whatsoever is good in any, though never so much differing from us, yea opposite unto us.

And for our own congregations, we meane of England (in which thorough the grace of Christ we were converted, and exercised our Ministeries long, to the conversion of many others) We have this sincere profession to make before God and all the world, that all that conscience of the defilements we conceived to cleave to the true worship of God in them, or of the unwarranted power in Church Governours exercised therein, did never work in any of us any other thought, much lesse opinion, but that multitudes of the assemblies and parochiall congregations thereof, were the true Churches and Body of Christ, and the Ministery thereof a true Ministery: Much lesse did it ever enter into our hearts to judge them Antichristian; we saw and cannot but see that by the same reason the Churches abroad in Scotland, Holland, &c. (though more reformed) yet for their mixture must be in like manner judged no Churches also, which to imagine or conceive, is and hath ever been an horrour to our thoughts. Yea we alwayes have professed, & that in these times when the Churches of England were the most, either actually overspread with defilements, or in the greatest danger thereof, and when our selves had least, yea no hopes of ever so much as visiting our own land again in peace and safety to our persons; that we both did and would hold a communion with them as the Churches of Christ. And besides this profession, as a reall testimony thereof, some of us after we, actually, were in this way of communion, baptized our children in Parishionall congregations, and (as we had occasion) did offer to receive into the communion of the Lords Supper with us, some (whom we knew godly that come to visit us when we were in our exile) upon that relation, fellowship, and commembership they held in their parish Churches in England, they professing themselves to be members thereof, and belonging thereunto. What we have since our returne publiquely and avowedly made declaration of to this purpose,Mr. Cheynett. Rise & growth of Socinianisine. many hundreds can witnesse, and some of our brethren in their printed bookes candidly do testify for us.

And as we alwayes held this respect unto our own Churches in this Kingdome, so we received and were entertained with the like from those reformed Churches abroad, among whom we were cast to live, we both mutually gave and received the right hand of fellowship, which they on their parts abundantly manifested by the very same characters and testimonies of difference which are proper to their own Orthodoxe Churches, and whereby they use to distinguish them from all those sects (which they tollerate, but not own) and all the assemblies of them (which yet now we are here some would needs ranke us with) granting to some of us their own Churches, or publique places for worship, to assemble in, where themselves met for the worship of God at differing houres the same day: As likewise the priviledge of ringing a publique Bell to call unto our meetings: which we mention because it is amongst them made the great signall of difference between their own allowed Churches and all other assemblies, unto whom it is strictly prohibited and forbidden, as Guiciardine hath long since observed: And others of us found such acceptance with them, that in testimony thereof they allowed a full and liberall maintenance annually for our Ministers, yea and constantly also Wine for our Communions. And then we again on our parts, not onely held all brotherly correspondency with their Divines, but received also some of the members of their Churches (who desired to communicate with us) unto communion in the Sacraments and other ordinances, by virtue of their relation of membership retained in those Churches.

Now for the way & practices of our Churches, we give this briefe and generall account. Our publique worship was made up of no other parts then the worship of all other reformed Churches doth consist of. As, publique and solemne prayers for Kings and all in authority, &c. the reading the Scriptures of the Old and New Testament; Exposition of them as occasion was; and constant preaching of the word; the administration of the two Sacraments, Baptisme to infants, and the Lords Supper; singing of Psalmes; collections for the poor, &c. every Lords day. For Officers and publique Rulers in the Church, we set up no other but the very same which the reformed Churches judge necessary and sufficient, and as instituted by Christ and his Apostles for the perpetuall government of his Church, that is, Pastors, Teachers, Ruling Elders, (with us not lay but Ecclesiastique persons separated to that service) and Deacons. And for the matter of governement and censures of the Church, we had nor executed any other but what all acknowledge, namely, Admonition, and Excommunication upon obstinacie and impenitencie, (which we blesse God we never exercised.) This latter we judged should be put in execution, for no other kind of sins then may evidently be presumed to be perpetrated against the parties known light; as whether it be a sin in manners and conversation, such as is committed against the light of nature, or the common received practices of Christianity, professed in all the Churches of Christ; or if in opinions, then such, as are likewise contrary to the received principles of Christianity, and the power of godlinesse, professed by the party himselfe, and universally acknowledged in all the rest of the churches, and no other sins to be the subject of that dreadful sentence.

And for our directions in these or what ever else requisite to the manage of them, we had these three Principles more especially in our eye, to guide and steere our practice by.

First, the supreame rule without us, was the Primitive patterne and example of the churches erected by the Apostles. Our consciences were possessed with that reverence and adoration of the fulnesse of the Scriptures, that there is therein a compleat sufficiencie, as to make the man of God perfect, so also to make the Churches of God perfect, (meere circumstances we except, or what rules the law of nature doth in common dictate) if the directions and examples therein delivered were fully known and followed. And although we cannot professe that sufficiency of knowledge as to be able to lay forth all those rules therein which may meet with all cases and emergencies that may or sometimes did fal out amongst us, or that may give satisfaction unto all Queres possible to be put unto us; yet we found principles enough, not onely fundamentall and essential to the being of a Church, but superstructory also for the wel-being of it, and those to us cleare and certaine, and such as might well serve to preserve our Churches in peace and from offence, and would comfortably guide us to heaven in a safe way: And the observation of so many of those particulars to be laid forth in the Word, became to us a more certaine evidence and cleare confirmation that there were the like rules and ruled cases for all occasions whatsoever, if we were able to discerne them. And for all such cases wherein we saw not a cleare resolution from Scripture, example, or direction, wee stil professedly suspended, untill God should give us further light, not daring to èeke out what was defective in our light in matters Divine with humane prudence, (the fatall errour to Reformation) lest by sowing any piece of the old garment unto the new, we should make the rent worse; we having this promise of grace for our encouragement in this, which in our publique Assemblies was often for our comfort mentioned, that in thus doing the will of God we should know more.

A second Principle we carryed along with us in all our resolutions, was, Not to make our present judgement and practice a binding law unto our selves for the future, which we in like manner made continuall profession of upon all occasions. We had too great an instance of our own frailty in the former way of our conformity; and therefore in a jealousie of our selves, we kept this reserve, (which we made open and constant professions of) to alter and retract (though not lightly) what ever should be discovered to be taken up out of a mis-understanding of the rule: Which Principle wee wish were (next to that most supreame, namely, to be in all things guided by the perfect wil of God) enacted as the most sacred law of all other, in the midst of all other Laws and Canons Ecclesiastical in Christian States and Churches throughout the world.

Thirdly, we are able to hold forth this true and just Apologie unto the world, That in the matters of greatest moment and controversie, we stil chose to practice safely, and so, as we had reason to judge that all sorts, or the most of all the Churches did acknowledge warrantable, although they make additaments thereunto.

For instance: Whereas one great controversie of these times is about the qualification of the Members of Churches, and the promiscuous receiving and mixture of good and bad; Therein we chose the better part, and to be sure, received in none but such as all the Churches in the world would by the balance of the Sanctuary acknowledge faithful. And yet in this we are able to make this true and just profession also, That the Rules which we gave up our judgements unto, to judge those vve received in amongst us by, vvere of that latitude as would take in any member of Christ, the meanest, in whom there may be supposed to be the least of Christ, and indeed such and no other as all the godly in this Kingdome carry in their bosomes to judge others by. We took measure of no mans holinesse by his opinion, whether concurring with us, or adverse unto us; And Churches made up of such, we were sure no Protestant could but approve of, (as touching the members of it) to be a true Church, with which communion might be held. Againe, concerning the great ordinance of Publique Prayer and the Lyturgie of the Church, whereas there is this great controversie upon it about the lawfulnesse of set formes prescribed; we practiced (without condemning others) what all sides doe allow, and themselves doe practice also, that the publique Prayers in our Assemblies should be framed by the meditations and study of our own Ministers, out of their own gifts, (the fruits of Christs Ascension) as well as their Sermons use to be. This vve vvere sure all allowed of, though they superadded the other. So likewise for the government and discipline in the Churches, however the practice of the Reformed Churches is in greater matters to govern each particular congregation by a combined Presbyterie of the Elders of several congregations united in one for government; yet so, as in their judgements they allow, especially in some cases, a particular congregation, an entire and compleat power of jurisdiction to be exercised by the Elders thereof within it selfe; Yea and our own Master Cartwright, holy Baynes, and other old Non-conformists, place the power of Excommunication in the Eldership of each particular Church with the consent of the Church, untill they do miscarry, and then indeed they subject them to such Presbyterial and Provincial Assemblies as the proper refuge for appeales and for compounding of differences amongst Churches; which combination of Churches others of them therefore call Ecclesiæ ortæ, but particular congregations Ecclesiæ primæ, as wherein firstly the power and priviledg of a Church is to be exercised. And vvithall vve could not but imagine, that the first Churches planted by the Apostles, were ordinarily of no more in one city at first then might make up one entire congregation, ruled by their own Elders, that also preached to them; for that in every city where they came, the number of converts did or should arise to such a multitude as to make several and sundry congregations, or that the Apostles should stay the setting up of any Churches at all, until they rose to such a numerous multiplication as might make such a Presbyterial combination, we did not imagine. We found also those Non-conformists (that wrote against the Episcopal Government) in their Answer to the Arguments used for Episcopal Government over many Churches, brought from the instances of the multitude of Beleevers at Jerusalem, and other places and cities, mentioned in the New Testament, to assert that it could not be infallibly proved that any of those vve reade of in the Acts and elsewhere; vvere yet so numerous, as necessarily to exceed the limits of one particular congregation in those first times. We found it also granted by them all, that there should be several Elders in every congregation, who had power over them in the Lord; and we judged that all those precepts, obey your Elders, and them that are over you, were (to be sure, and all grant it) meant of the Pastours and Teachers, and other Elders that were set over them in each particular congregation respectively, and to be as certainly the intendment of the holy Ghost, as in those like commands, Wives obey your owne husbands, Servants your own governours, to be meant of their several Families respectively.

We could not therefore but judge it a safe and an allowed way to retaine the government of our severall congregations for matter of discipline within themselves, to be exercised by their own Elders, whereof we had (for the most part of the time we were abroad) three at least in each congregation, whom we were subject to: yet not clayming to our selves an independent power in every congregation, to give account or be subject to none others, but onely a ful and entire power compleat within our selves, until we should be challenged to erre grosly; such as Corporations enjoy, who have the power and priviledge to passe sentence for life & death within themselves, and yet are accountable to the State they live in. But that it should be the institution of Christ or his Apostles, that the combination of the Elders of many Churches should be the first compleat and entire seat of Church power over each congregation so combined; or that they could challenge and assume that authority over those Churches they feed and teach not ordinarily by virtue of those fore-mentioned Apostolicall precepts, was to us a question, and judged to be an additament unto the other, which therefore rested on those that allowed us what we practised, over and above, to make evident and demonstrate (and certainly of all other the challenge of all spiritual power from Christ had need have a cleare pattent to shew for it) Yea wee appeale further unto them that have read bookes, whether untill those latter wrytings of the two reverend and learned Divines of Scotland set forth after our return, nor much more then two yeeres since, and others of no elder date from Holland, and one of our own Divines more lately written with much learning and ingenuity; there hath been much settly and directly or with strength insisted on to prove that governement; and although assert and inculcate it they do as their opinions, yet the full strength and streame of our Non-conformists wrytings and others are spent rather in arguments against, & for the overthrowing the Episcopall government, and the corruptions that cleave to our worship, and in maintayning those severall Officers in Churches which Christ hath instituted in stead thereof (in which we fully agree with them) then in the proofe of a combined classicall Presbyteriall government as it is authoritatively practised in the most reformed Churches.

And whereas the common prejudice and exception laid into all mens thoughts against us and our opinions is, that in such a congregationall governement thus entire within it self, there is no allowed sufficient remedy for miscarriages, though never so grosse; no reliefe for wrongful sentences or persons injured thereby; no roome for complaints: no powerful or effectual means to reduce a Church or Churches that fal into heresie, schisme, &c. but every one is left and may take liberty without controule to do what is good in their own eyes; we have (through the good providence of God upon us) from the avowed declarations of our judgements among our Churches mutually during our exile, and that also confirmed by the most solemne instance of our practice, wherewith to vindicate our selves and way in this particular; which upon no other occasion we should ever have made thus publique.

God so ordered it that a scandall and offence fell out between those very Churches whilst living in this banishment (whereof we our selves, that write these things, were then the Ministers) one of our Churches having unhappily deposed one of their Ministers, the other judged it not onely as too suddaine an act (having proceeded in a matter of so great moment without consulting their sister Churches, as was publiquely professed we should have done in such cases of concernement) but also in the proceedings thereof as too severe, and not managed according to the rules laid down in the word. In this case our Churches did mutually and universally acknowledge and submit to this as a sacred and undoubted principle and supreame law to be observed among all Churches, that as by virtue of that Apostolical command, Churches as wel as particular men are bound to give no offence neither to Iew nor Gentile, nor the Churches of God they live amongst. So that in all cases of such offence or difference, by the obligation of the common law of communion of Churches, & for the vindication of the glory of Christ, which in common they hold forth, the church or churches chalenged to offend or differ, are to submit themselves (upon the challenge of the offence or complaint of the person wronged) to the most full & open tryall & examination by other neighbour Churches offended thereat, of what ever hath given the offence: And further, that by the virtue of the same and like law of not partaking in other mens sins, the Churches offended may & ought upon the impenitency of those Churches, persisting in their errour and miscarriage to pronounce that heavy sentence, against them, of with-drawing and renouncing all Christian communion with them until they do repent; And further to declare and protest this, with the causes thereof, to all other Churches of Christ, that they may do the like.

And what further authority, or proceedings purely Ecclesiasticall, of one, or many sister Churches towards another whole Church, or Churches offending, either the Scriptures doe hold forth, or can rationally be put in execution (without the Magistrates interposing a power of another nature, unto which we upon his particular cognisance, and examination of such causes, professe ever to submit, and also to be most vvilling to have recourse unto) for our parts vve savv not then, nor do yet see. And likewise we did then suppose, and doe yet, that this principle of submission of Churches that miscarry unto other Churches offended, together with this other, that it is a command from Christ enjoyned to Churches that are finally offended to denounce such a sentence of Non-communion and withdrawing from them whilst impenitent, as unworthy to hold forth the name of Christ, (these principles being received and generally acknowledged by the Churches of Christ to be a mutuall duty, as strictly enjoyned them by Christ as any other) that these would be as effectuall means (through the blessing of Christ) to awe and preserve Churches and their Elders in their duties, as that other of claime to an authoritative power Ecclesiastical to Excommunicate other Churches or their Elders offending; For if the one be compared with the other, in a meere Ecclesiastial notion, That of Excommunication pretended hath but this more in it, That it is a delivering of whole Churches and their Elders offending unto Satan, (for which we know no warrant in the Scriptures, that Churches should have such a power over other Churches) And then as for the binding obligation both of the one way & the other, it can be supposed to lye but in these 2. things; First, in a warrant and injunction given by Christ to his Churches, to put either the one or the other into execution; and 2. that mens consciences be accordingly taken there with, so as to subject themselves whether unto the one way or the other: For suppose that other principle of an authoritative power in the greater part of Churches combined to excommunicate other Churches, &c. to be the ordinance of God, yet unlesse it doe take hold of mens consciences, and be received amongst all Churches, the offending Churches will sleight all such Excommunications as much, as they may be supposed to doe our way of protestation and sentence of Non-communion. On the other side, let this way of ours be but as strongly entertained, as that which is the way and command of Christ, and upon all occasions be heedfully put in execution, it will awe mens consciences as much, and produce the same effects. And if the Magistrates power (to which we give as much, and (as we think) more, then the principles of the Presbiteriall government will suffer them to yeeld) doe but assist and back the sentence of other Churches denouncing this Non-communion against Churches miscarrying, according to the nature of the crime, as they judge meet, and as they would the sentence of Churches excommunicating other Churches in such cases, upon their own particular judgement of the cause; then, without all controversie this our way of Church proceeding wil be every way as effectuall as their other can be supposed to be; and we are sure, more brotherly and more suited to that liberty and equality Christ hath endowed his Churches with. But without the Magistrates interposing their authority, their way of proceeding will be as ineffectuall as ours; and more lyable to contempt, by how much it is pretended to be more authoritative; and to inflict a more dreadful punishment, which carnall spirits are seldome sensible of. This for our judgements.

And for a reall evidence and demonstration both that this was then, our judgements, as likewise for an instance of the effectuall successe of such a course held by Churches in such cases, our own practice, and the blessing of God thereon, may plead and testifie for us to all the world. The manage of this transaction in briefe was this.

That Church which (with others) was most scandalized, did by letters declare their offence, requiring of the Church (supposed to be) offending, in the name and for the vindication of the honour of Christ, and the releeving the party wronged, to yeeld a full and publique hearing before all the Churches of our Nation, or any other whomsoever, offended, of what they could give in charge against their proceedings in that deposition of their Minister, and to subject themselves to an open tryall and review of all those forepassed carriages that concerned that particular; which they most cheerfully and readily (according to the fore-mentioned principles) submitted unto, in a place, and state where no outward violence or any other externall authority either civil or ecclesiasticall would have enforced them thereunto: And accordingly the Ministers of the Church offended with other two Gentlemen, of much worth, wisdom and piety, members thereof, were sent as Messengers from that Church; and at the introduction and entrance into that solemne assembly (the solemnity of which hath left as deep an impression upon our hearts of Christs dreadfull presence as ever any we have been present at,) it was openly and publiquely professed in a speech that was the preface to that discussion, to this effect, “That it was the most to be abhorred maxime that any Religion hath ever made profession of, and therefore of all other the most contradictory and dishonourable unto that of Christianity, that a single and particular society of men professing the name of Christ, and pretending to be endowed with a power from Christ to judge them that are of the same body and society within themselves, should further arrogate unto themselves an exemption from giving account or being censurable by any other, either Christian Magistrate above them, or neighbour Churches about them. So far were our judgements from that independent liberty that is imputed to us, then, when we had least dependency on this kingdom, or so much as hopes ever to abide therein in peace. And for the issue and successe of this agitation, after there had been for many dayes as judiciary and full a charge, tryall, and deposition of witnesses openly afore all commers of all sorts, as can be expected in any Court where Authority enjoyns it, that Church, which had offended, did as publiquely acknowledge their sinfull aberration in it, restored their Minister to his place again, and ordered a solemn day of fasting to humble themselves afore God and men, for their sinfull carriage in it; and the party also which had been deposed did acknowledge to that Church wherein he had likewise sinned.

Thus we have rendred some smal account of those, the saddest days of our pilgrimage on earth, wherein although we enjoyed God, yet besides many other miseries (the companions of banishment) we lost some friends and companions, our fellow labourers in the Gospel, as precious men as this earth beares any, through the distemper of the place, and our selves came hardly off that service with our healths, yea lives.

When it pleased God to bring us his poor Exiles back again in these revolutions of the times, as also of the condition of this kingdom, into our own land, (the pouring forth of manifold prayers and teares for the prosperity whereof, had been no small part of that publique worship we offered up to God in a strange land;) we found the judgement of many of our godly learned brethren in the Ministery (that desired a general reformation) to differ from ours in some things, wherein we do professedly judge the Calvinian Reformed Churches of the first reformation from out of Popery, to stand in need of a further reformation themselves; And it may without prejudice to them, or the imputation of Schisme in us from them, be thought, that they comming new out of Popery (as well as England) and the founders of that reformation not having Apostolique infallibility, might not be fully perfect the first day. Yea and it may hopefully be conceived, that God in his secret, yet wise and gratious dispensation, had left England more unreformed as touching the outward form, both of worship & Church government, then the neighbour Churches were, having yet powerfully continued a constant conflict and contention for a further Reformation for these fourescore yeers; during which time he had likewise in stead thereof blessed them with the spiritual light (and that encreasing) of the power of Religion in the Practique part of it, shining brighter and clearer then in the neighbour Churches, as having in his infinite mercy on purpose reserved and provided some better thing for this Nation when it should come to be reformed, that the other Churches might not be made perfect without it, as the Apostle speaks.

We found also (which was as great an affiction to us as our former troubles and banishment) our opinions and wayes (wherein we might seem to differ) environed about with a cloud of mistakes and misapprehensions, and our persons with reproaches, Besides other calumnies, as of schisme, &c. (which yet must either relate to a differing from the former Ecclesiastical Government of this Church established, and then who is not involved in it as well as we? or to that constitution and government that is yet to come; and untill that be agreed on, established and declared, and actually exist, there can be no guilt or imputation of Schime from it) That proud and insolent title of Independencie was affixed unto us, as our claime; the very sound of which conveys to all mens apprehensions the challenge of an exemption of all Churches from all subjection and dependance, or rather a trumpet of defiance against what ever Power, Spirituall or Civill; which we doe abhor and detest: Or else the odious name of Brownisme, together with all their opinions as they have stated and maintained them, must needs be owned by us: Although upon the very first declaring our judgements in the chief and fundamental point of all Church discipline, and likewise since, it hath been acknowledged that we differ much from them. And wee did then, and doe here publiquely professe, we beleeve the truth to lye and consist in a middle way betwixt that which is falsly charged on us, Brownisme; and that which is the contention of these times, the authoritative Presbyteriall Government in all the subordinations and proceedings of it.

And had we been led in our former wayes, and our removall out of this Kingdome by any such spirit of faction and division, or of pride and singularity, (which are the usual grounds of all Schisme) we had since our returns again during this intermisticall season, tentations, yea provocations enough to have drawn forth such a spirit; having manifold advantages to make and encrease a partie, which we have not in the least attempted. We found the spirits of the people of this Kingdome that professe or pretend to the power of godlinesse (they finding themselves to be so much at liberty, and new come out of bondage) ready to take any impressions, and to be cast into any mould that hath but the appearance of a stricter way. And we found that many of those mists that had gathered about us, or were rather cast upon our persons in our absence, began by our presence againe, and the blessing of God upon us, in a great measure to scatter and vanish, without speaking a word for our selves or Cause.

But through the grace of Christ, our spirits are and have been so remote from such dispositions & aymes, that on the contrary we call God and men to witnes our constant forbearance, either to publish our opinions by preaching (although we had the Pulpits free) or to print any thing of our owne or others for the vindication of our selves (although the Presses were more free then the Pulpits) or to act for our selves or way; although we have been from the first provoked unto all these all sorts of wayes, both by the common mis-understandings and mis-representations of our opinions and practises, together with incitements to this State not to allow us the peaceable practises of our Consciences, which the Reformed Churches abroad allowed us, and these edged with calumnies and reproaches cast upon our persons in print; and all these heightned with this further prejudice and provocation, that this our silence was interpreted, that we were either ashamed of our opinions, or able to say little for them; when as on the other side (besides all other advantages) Books have been written by men of much worth, learning, and authority, with moderation and strength, to prepossesse the peoples minds against what are supposed our Tenets. But we knew and considered that it was the second blow that makes the quarrell, and that the beginning of strife would have been as the breaking in of waters; and the sad and conscientious apprehension of the danger of rending and dividing the godly Protestant party in this Kingdome that were desirous of Reformation, and of making severall interests among them in a time when there was an absolute necessity of their neerest union and conjunction, and all little enough to effect that Reformation intended, and so long contended for, against a common adversary that had both present possession to plead for it selfe, power to support it, and had enjoyed a long continued settlement which had rooted it in the hearts of men; And this seconded by the instant and continuall advices and conjurements of many Honourable, wise, and godly Personages of both Houses of Parliament, to forbeare what might any way be like to occasion or augment this unhappy difference; They having also by their Declarations to His Majesty professed their endeavour and desire to unite the Protestant partie in this Kingdome, that agree in Fundamentall Truths against Popery and other Heresies, and to have that respect to tender consciences as might prevent oppressions and inconveniences which had formerly been; Together with that strict engagement willingly entred into by us for these common ends, with the rest of our brethren of the Ministery, (which though made to continue but ad placitum, yet hath been sacred to us.) And above all, the due respect we have had to the peaceable and orderly Reformation of this Church and State; the hopefull expectation we have been entertained with of an happy latitude and agreement by means of this Assembly, and the wisdome of this Parliament: The conscience and consideration of all these, and the weight of each, have hitherto had more power with us to this deepe silence and forbearance, then all our own interests have any way prevailed with us to occasion the least disturbance amongst the people. We have and are yet resolved to beare all this with a quiet and a strong patience, (in the strength of which we now speak, or rather sigh forth this little) referring the vindication of our persons to God, and a further experience of us by men; and the declaration of our judgements, and what we conceive to be his truth therein, to the due and orderly agitation of this Assembly whereof both Houses were pleased to make us Members.

And whereas our silence upon all the forementioned grounds (for which we know we can never lose esteeme with good and wise men) hath been by the ill interpretation of some, imputed either to our consciousnesse of the badnesse and weaknesse of our Cause, or to our unability to maintain what we assert in difference from others, or answer what hath been written by others, wee shall (with all modesty) onely present this to all mens apprehensions in confutation of it. That what ever the truth and justnesse of our Cause may prove to be, or how slender our abilities to defend it, yet wee pretend at least to so much wisdome, that wee would never have reserved our selves for, but rather by all wayes have declined this Theatre, of all other, the most judicious and severe, an Assembly of so many able, learned, and grave Divines, where much of the piety, wisdome, and learning of two Kingdomes are met in one, honoured and assisted with the presence of the Worthies of both Houses at all debates (as often as they please to vouchsafe their presence) as the Stage whereon first wee would bring forth into publique view our Tenets (if false and counterfet) together with our own folly and weaknesse: We would much rather have chosen to have been venting them to the multitude, apt to be seduced, (which we have had these three yeers opportunity to have done.) But in a conscientious regard had to the orderly and peaceable way of searching out truths, and reforming the Churches of Christ, we have adventured our selves upon this way of God, wisely assumed by the prudence of the State; And therein also upon all sorts of disadvantages (which we could not but foresee) both of number, abilities of learning, Authority, the streame of publique interest; Trusting God both with our selves and his own truth, as he shall be pleased to manage it by us.

Moreover, if in all matters of Doctrine, we were not as Orthodoxe in our judgements as our brethren themselves, we would never have exposed our selves to this tryall and hazard of discovery in this Assembly, the mixture of whose spirits, the quick-sightednes of whose judgements (intent enough upon us) and variety of debates about all sorts of controversies a foot in these times of contradiction, are such, as would be sure soon to find us out if we nourished any monsters or Serpents of opinions lurking in our bosomes. And if we had carryed it so, as that hitherto such errours were not aforehand open to the view and judgement of all, yet sitting here (unlesse we would be silent, which we have not been) we could not long be hid. But it is sufficiently known that in all points of doctrine, (which hitherto in the review and examination of the Articles of our Church, or upon other occasions have been gone thorough) our judgements have still concurred with the greatest part of our brethren, neither do we know wherein we have dissented. And in matters of Discipline (which we are now upon) when our judgements cannot in all things concur with others (as indeed not others all, in all things amongst themselves) yet we are so farre from holding up the differences that occur, or making the breaches greater or wider, that we endeavour upon all such occasions to grant and yeeld (as all may see and cannot but testifie for us) to the utmost latitude of our light and consciences; professing it to be as high a point of Religion and conscience readily to own, yea fall down before whatsoever is truth in the hands of those that differ, yea thought they should be enemies unto us, as much as earnestly to contend for & hold fast those truths wherein we should be found dissenting from them; and this as in relation to peace, so also as a just due to truth and goodnes, even to approve it & acknowledge it to the utmost graine of it, though mingled with what is opposite unto us. And further when matters by discussion are brought to the smallest dissent that may be, we have hitherto been found to be no backward urgers unto a temper (not onely in things that have concerned our own consciences, but when of others also) such as may suit and tend to union as well as searching out of truth; judging this to be as great and usefull an end of Synods and Assemblies, as a curious and exact discussion of all sorts of lesser differences with binding Determinations of truth one way.

And thus we have nakedly and with all simplicity rendred a cleare and true account of our wayes and spirits hitherto; Which we made choice of now at first to make our selves known by, rather then by a more exact and Scholastique relation of our judgements in the points of difference about Church government; reserving that unto the more proper season and opportunity of this Assembly, and that liberty given by both Honourable Houses in matters of dissent; or as necessity shall after require, to a more publique way of stating and asserting of them. In the meane time from this briefe historicall relation of our practices, there may a true estimate be taken of our opinions in difference, which being instanced in, and set out by practices, is the most reall and least collusive way, and carries its own evidence with it. All which we have taken the boldnes together with our selves humbly to lay at the feet of your wisdom and piety; Beseeching you to look upon us under no other Notion, or character, then as those, who if we cannot assume to have been no way furtherers of that reformation you intend, yet who have been no way hinderers thereof, or disturbers of the publique peace; and who in our judgements about the present work of this age, the reformation of worship and discipline, do differ as little from the Reformed Churches, and our Brethren, yea far lesse, then they do from what themselves were three yeers past, or then the generallity of this kingdom from it self of late. And withall to consider us as those, who in these former times, for many yeers suffered even to exile, for what the kingdom it self now suffers in the endeavour to cast out; and who in these present times, and since the change of them, have endured (that which to our spirits is no lesse grievous) the opposition and reproach of good men, even to the threatning of another banishment, and have been through the grace of God upon us, the same men in both, in the midst of these varieties; And finally, as those that do pursue no other interest or designe but a subsistance (be it the poorest and meanest) in our own land (where we have and may do further service, & which is our birth-right as we are men) with the enjoyment of the ordinances of Christ (which are our portion as we are Christians) with the allowance of a latitude to some lesser differences with peaceablenesse, as not knowing where else with safety, health, and livelyhood, to set our feet on earth.

Tho: Goodwin,} {Jer: Burroughes,
Philip Nye,} {
Sidrach Simpson} {William Bridge.
FINIS.

T.34 (2.2) Richard Overton, Mans Mortalitie (19 January 1644).

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T.34 [1644.01.19] (2.2) Richard Overton, Mans mortalitie: or, A treatise wherein ’tis proved, both Theologically and Philosophically, that whole Man (as a rationall creature) is a compound wholly mortall (19 January 1644).

Full title

Richard Overton, Mans Mortalitie: or, A Treatise wherein ’tis proved, both Theologically and Philosophically, that whole Man (as a rationall creature) is a Compound wholly mortall, contrary to that common distinction of Soule and Body: and that the present going of the Soule into Heaven or Hell is a meer Fiction: and that at the Resurrection is the beginning of our immortality, and then Actual Condemnation, and Salvation, and not before. With all doubts and Objections Answered, and resolved, both by Scripture and Reason; discovering the multitude of Blasphemies, and Absurdities that arise from the fancie of the Soule. Also divers other Mysteries, as, of Heaven, Hell, Christs humane residence, the extent of the Resurrection, the New Creation, &c. opened, and presented to the tryall of better judgments. By. R.O.

That which befalleth the sons of men, befalleth beasts; even one thing befalleth them all: as the one dyeth, so dyeth the other; yea they have all one breath, so that man hath no preheminence above a beast; for all is vanity. Ecclesiastes 3.19.

Amsterdam, Printed by John Canne. Anno Dom. 1644.

The pamphlet contains the following parts:

  1. To his worthy friend the Author upon his Booke (2 poems)
  2. Mans mortalitie
Estimated date of publication

19 January 1644

Thomason Tracts Catalog information

TT1, p. 306; Thomason E. 29. (16.)

Editor’s Introduction

(Placeholder: Text will be added later.)

Text of Pamphlet

To the Reader

Judicious Reader,

Thy serious perusall, but the scorne and derision of the multitude hereof is my expectation: Startle not thou, be patient, read, ponder, and Berean like try whether these things be so or no: If any thing in it be worth thy owning, take it, it is thine as well as mine, and I have my end, thy benefit: I wish it well to all, but I feare it will be a Parable to most; however, I have unbosom’d my duty, freely as I have received, I give it freely to the World; it is my faith, as I beleeve, so have I spoken. I expect an Answer; if it be such as will not hold tryall, it is likely I shall vindicate my selfe; but if by force of Argument it shall convince, I shall be ready and free thankfully to embrace it, and renounce my errour, whether it be in part or in whole, though in the maine I am nothing jealous, had I therein doubted, my weaknesse had not been thus visible to the World. Whereas in severall places scattered through the Booke, the use of the word Soule may seeme to some, to imply that, which I deny; let such know, it is for Argument sake, not intending in the least any selfe distinct Being by it. Thus desiring my endeavours may have a faire and equall tryall by Scripture and sollid Reason, I commit thee to the blessing of God in the perusall thereof, and rest

Thine in the love of the Truth, R. O.
  • To his worthy friend the Author upon his Booke.
    • The Hell-hatch’d Doctrine of th’immortall Soule
    • Discovered, makes the hungry Furies houle,
    • And teare their snakey haire with griefe appal’d,
    • To see their Errour-leading Doctrine quail’d,
    • Hell undermin’d, and Purgatory blowne
    • Up in the aire, and all the spirits flowne,
    • Pluto undone, thus forced for to yeeld
    • The frightned Soules from the Elizian Field.
    • And squallid Charon now may leave his Trade,
    • To see all Soules made subject to the spade,
    • And Cerberus his dismall fate deplore,
    • To thinke that he shall scare the Soules no more.
    • But joy’d at this, Minerva she doth run
    • T’imbrace her Nurse Child great Apollo’s Son:
    • The Heavens triumph i’th’wane of th’World to see
    • Such light break out on its Posteritie:
    • They sue Mnesichole, and so doe I
    • To register this Mans Mortalitie.
    • N.C.
    • Would you a young Man see for to controule
    • The Antient, sure you’d think he had no soul.
    • But God hath promised, and still reveales
    • To Babes, what he from prudent men conceales.
    • Heavens blesse thee Man, for bringing that to light,
    • Which Envy raked up i’th’dust for spight:
    • And may thy Booke be as a passing Bell
    • To dying Man to toll his fatall knell.
    • S.R.

CHAP. I.: Of Mans Creation, Fall, Restitution and Resurrection, how they disprove the opinion of the soul, imagining the better part of Man immortall: And proveth him (quatenus homo) wholly mortall.

To omit tedious introductory Circumstances, which are as commonly uselesse as prolix: Observe: That when God had moulded, formed, and compleatly proportionated Adam of the Dust of the ground, he breathed in his face the breath of Lives, and Man became a living Soul: Gen. 2-7. That is, he gave that life-lesse Body a communicative rationall Faculty or property of life, in his kind: And so it became a living creature, or compleate ἀνθρωπος of whom was the Woman, both innocent and free from sin, and so from Death and mortality: For the wages of Sin is Death, Rom. 6.23. 1 Cor. 15.56. Thus Man was gloriously immortall, yet no longer a Creature incorruptible, then during innocent: For (Gen. 2.17.) God said, of the Tree of the knowledge of good and evill thou shalt not eate of it, for in the day thou eatest thereof, thou shalt surely dye: that is, thy immortality shall be changed for mortality: Immortall Adam shall be made mortall, not a part of thee, but Thou shalt surely dye, even whole man, without the least exception of any, the worst or nobest part of him, unlesse God had a mentall reservation; but even the same Thou that livest, Thou shalt surely dye: that must dye wherein was life: then surely if he had an immortall Soul, which is the life of the body, that must be made mortall. The result of all which, is this:

That what of Adam was immortall through Innocency, was to be mortalized by Transgression:

But whole Adam (quatenus Animal rationale) was in Innocency immortall:

Ergo, all, and every part, even whole Man was lyable to Death by Sin: And so consequently, if Adam had then such an indefinable thing in him, and of him, without which he was not Man, (as is vulgarly supposed, but simply maintained by the Church of Rome, England &c.) as an Angelical Spirit, that neither could, nor can be subject to mortality: Then he had that he had not: which made him be what he was not: he sinned with that, with which he could not; which made him Fall when he did not: which Bo-peepe is impossible: For if Adam was mortalized, and That not, It was no part of him, this they must confesse, or else the other followes.

This being thus cleared, and proved from Adams Creation and Innocency: let us proceed to his Fall, Restitution, and Resurrection, who eating of the forbidden fruit, (whose nature was, as was supposed by Nemesius the Philosopher, to mortalize him, as Mala insana are to destroy and reduce rationality to madnesse) God fulfilled his threatned Curse upon him, saying, (Gen. 3.19.) In the sweat of thy face shalt thou eate bread, till thou returne unto the Ground; for out of it wast thou taken: for Dust thou art, and unto Dust thou shalt returne. Here he is plainly disrobed of all his immortality, he must to Dust, without the least mention of any Being thereafter, either of part or whole; till this Promise of Christ, The seed of the woman shall breake the Serpents Head, which is not compleated till the Resurrection: for then, and not before, Mans immortality is in Actuall Being, whose beatitude and infelicity comes through Faith and infidelity. So that Death reduceth this productio Entis ex Non-ente ad Non-entem, returnes Man to what he was before he was; that is, not to Be: Psal. 115. 17. the Dead prayse not the Lord, neither they that go down into silence: And Psal. 146.4. His breath goeth forth, he returneth to the Earth, in that very Day his thoughts perish. (see more pag. 5. 6. 7. 8.) But the Resurrection restoreth this non-ented Entitie to an everlasting Being, 1 Cor. 15.42. It is sowne in corruption, it is raised in incorruption.

Thus Mortality is derivated to all Adams posterity: The first Man (quatenus homo) is of the Earth earthly, as is the earthly, such are they that are earth: (1 Cor. 15.47.48.) But the Earth of which Man is, is corruptible, and shall be burnt up with fire: 2 Pet. 3.10. Therefore whole Man is corruptible: for as in Adam all dye, (1 Cor. 15.22) even so in Christ shall all be made alive; what fell in Adam shall be raised by Christ; what was mortalized by the earthly Man shall be immortalized by the Heavenly man: wherefore All, not a part of Man was mortalized by Adam; or else onely the fallen part must be redeemed, and not the whole man: for no more of man then fell was redeemed, and if the body only fell, and his formall part (his soul) continued immortall, then that part of man (his body only) was purchased, not his constitutive or better part, his Soul: So that the bodies only of the Reprobate according to this fancy shall be damned: for nothing of Adam, but what fell of Adam, can be made lyable to condemnation; and what of him stood, shall stand, as well as the Angels that never fell: But in Christ we are compleate, Coll. 2.10. Therefore in Adam totally fallen.

Further: If Adams fall was not a compleat change of his whole manhood, from immortality to absolute mortality of the whole; then in the day that he did eate (the forbidden Fruit,) He did not surely dye; for He implyes his Manhood; (and my very Opposites confesse the Soul the very Essence and Being of Manhood:) and [in the Day] and [surely dye] imply, Execution as well as Transgression to be then; for both have equally relation to the Day: In the Day that thou eatest thereof thou shalt surely dye: so as well may we say, he did not eat, as did not dye That Day.

And if nothing dyed, that is, became mortall, but his Body; then fthat dyed, and his Soul lived; that is, must be as it was at first, before God breathed life into it; that is, a dead corps, and indeed was never other, if the Soul were a distinct Being of it self, and all life in itself, and the Body but an Instrument to it, whereby it performeth all motion and action (as Nemesius on Mans Nature p. 266. with others maintaine:) And thus it must needs follow, that this Death threatned was a meer Scar-crow, even nothing at all; for He, that is, his constitutive part (his Soul) continued immortall, and unchanged, and used his body instrumentally, as it did before the Transgression: and if it be Answered; it became sinfull and subject to sin, and so of finall Condemnation in Hell at the length. I Reply; That before he sinned he was subject to sin, or else he could not have sinned, for quicquid est in actu, prius fuit in potentia; and if the wages of sin be death, then he must be of necessity subject to death the effect, as well as sin the cause at the same time: And so consequently, the Souls possibility of sinning being producted into Actuall sin, the Soul must have its wages, Actuall mortality. Further, if the Soules Death be onely that of Hell; then the principall or efficient cause deepest in the Transgression was lesse punished, then the instrumentall, the Body being but the Souls instrument whereby it acts and moves: as if a Magistrate should hang the Hatchet, and spare the Man that beate a mans braines out with it: and so the Soul suffer the last death and scape the first: which is as preposterous, as, if this Death should be received before this Life. Moreover: Condemnation in Hell is not properly, but remotely the reward of Adams Fall; For properly Condemnation is the wages of Infidelity, or unbeleife in Christ, as Salvation is of Beleife: So that none can be condemned into Hell; but such as are actually guilty of refusing of Christ, because immortality or the Resurrection cannot be by Propagation or Succession, as mortality from Adam to his Issue; and so the Child though temporally, yet shall it not eternally be punished for his Fathers sin, but his Condemnation shall be of himself.

Having thus from the Creation, Fall, Restitution, and Resurrection laid a ground-worke for this mortality, let us see how it commensurates with the universality of Scripture and Reason.

CHAP. II.: Scriptures to prove this Mortality.

JOB 4. 19, 21. How much lesse on them that dwell in houses of clay, whose foundation is in the dust, which are crushed before the moth, doth not their excellencie which is in them goe away? they die even without Wisdome.

Job 14.1.2. Man that is born of a woman is of few daiies, and full of trouble, he commeth up like a flower, and is cut downe; he fleeth also as a shadow, and continueth not: (and ver. 7. 8. 9. 10. 11 & 12.) For there is hope of a Tree, if it be cut downe, that it will sprout againe; and that the under-branch thereof will not cease: though the root thereof wax old in the ground, and the stock thereof drie in the earth; Yet through the sent of water it will bud, and bring forth branches like a plant. But man dieth, and wasteth away: yea man giveth up the ghost, and where is he? As the waters faile from the sea, and the flood decayeth and dryeth up: So man Iyeth downe and riseth not, till the heavens be no more, they shall not awake out of their sleep.

Psal. 103.15.16. As for man, his dayes are as grasse, as a flower of the field, so he flourisheth; for the wind passeth over it, and it is gone, and the place thereof shall know it no more.

From these two places compared we may see that man (not his flesh only, for that makes not man; but flesh and spirit sensu conjuncto make Man) is not as a Tree, when he is cut downe, whose spirit liveth, and sprouteth forth, and continueth: but as the flowre of the field, (not the stalke, but the bare flowre) which totally fadeth and perisheth: Therefore Man is wholly mortall: He shall die, and the Son of Man shall be made as grasse, Isa. 51.12.

2 Cor. 5.1.2.3.4. there our Being after death is called A building of an house not made with hands, eternall in the heavens: with this the Apostle desires to be clothed: and what it is he defines, viz. mortalitie swallowed up of life: whence it is most evident, that all his hope of future life was grounded upon the Resurrection, and that his hope was altogether grounded thereon, he confirmes, 1 Cor. 15. arguing, If Christ be not risen, the dead should not rise: and (ver. 18.) They which are fallen asleep in Christ are perished, and (ver. 14.) Then is our faith also in vaine; whose end (1 Pet. 1.9.) is the salvation of our soules. How should then all be in vaine, if our soules as soone as breath is out of the body enter into glory and salvation? For by that, though there were no Resurrection of the flesh, we should receive the end of our Faith, the Salvation Of our Soules: Nay further, he maketh all our hope to be in this life, if there be no Resurrection; for ver. 19. having shown the evils that follow the denyall of the Resurrection, saith; if in this life onely we have hope in Christ, we are of all men most miserable, whence plainly appeares, that the deniall of the Resurrection confines all our hopes within this life, and so all our sufferings, persecutions, prayers, faith, &c. were to no purpose: which could not be by this Soulary fancy of present reward of beatitude after this life.

1 King. 2.2. David saith to Solomon, I go the way of all the earth: that is, as all the earth must see corruption, so must he; and if his Soul were part of him, yea, himself, So Must it; else should he not go the way of all the earth.

And the expression in Josh. 2.13. Deliver our lives from death, importeth absolute mortality: for if Death be not dissolution of life, or its depravation, how can it be said to suffer death? not by a bodily seperation, for that is but as the laying down of a burthen, wherewith it was clogged and tyred, whereby it is made more lively ten thousand times; (as my Opposites confesse;) and so, can no more be said to be dead, then a Porter when he is disburthened of his Load.

Job. 34.15. All flesh shall perish together, and man shall turne again unto dust.

Eccl. 3.19. That which befalleth the Sons of Men befalleth Beasts; even one thing befalleth them; as one dyeth, so dyeth the other: they have all one breath, so that they have no preheminence above a Beast: for all is vanity.

Wherefore if their Breath be all one, then God breathed no other Breath, (that is, life or soul,) into Man, then he gave to Beasts: So that if Man be Fallen, and the Beasts be cursed for his sake, Man must be equally mortall with them.

II Tim. 4.8. I have fought a good fight, I have finisht my course, I have kept the faith, henceforth there is laid up for me a Crown of Righteousnesse, which the Lord the righteous judge shall give me at THAT DAY, and not to me only, but to all them that love his appearing. Here from the finishing of his course a Crown being laid up, (which is even the same which Peter Epist. 1. cap. 1.9. maketh the end of our, faith, the Salvation of our soules) to be given at THAT DAY, concludes an intermission to him and us till then.

1 Tim. 6.14.16. Keep this Commandement untill the appearing of our Lord Jesus Christ, who only hath immortality dwelling in light, which no man can approach unto, whom no man hath seen, nor can see.

Whence appeareth, that none ever entred into Heaven since the Creation: And it is in vaine for my Opposites to say it is meant of the corpulent matter only, for they make the Soul the very manhood: and none that enter therein, enter by halfes and peecemeal: and this is confirmed by Joh. 3.13. And no man hath ascended into Heaven, but he that came down from Heaven, even the Son of man, which is in Heaven.

Psal. 6.5. For in death there is no remembrance of thee, in the grave who shall give thee thanks?

Psal. 88.11.12. Shall thy loving kindnesse be declared in the grave? or thy faithfulnesse in destruction? shall thy wonders be known in the dark? and thy righteousnesse in the Land otforge fullnesse?

Isa. 38.18.19. For the grave cannot praise thee death cannot celebrate thee: they that go down into the pit cannot hope for thy truth. The living, the living, he shall praise thee, as I do this day: the Father to the Children shall make known thy truth.

Hence it is plain that during this Death Man is voyd of actuall Being: for had he then an incorruptible or present actuall Being in glory; he should be more capable of the praise and remembrance of the Lord, then he was before he died.

Job. 3. from the 11. to 20. Why died I not from the wombe? &c. for now should I have lyen still, and been quiet, I should have slept, and then I should have been at rest; as a hidden untimely birth, I had not been, as Infants that never saw light: there the Prisoners rest together, they heare not the voyce of the Oppressour.

Hence followeth, that during this Death there is no more present Being to man, then to an hidden abortive Embrio in this life; and no more capability, then light to unborne Infants; nor more oppression or torment, then where there is none to oppresse: which is to say, He absolutely IS NOT: Answerable to that of Jacob, me have ye bereaved of my children: Joseph is not, and Simeon is not, Gen. 4.2-36.

Job. 4.17.19.20.21. Whose foundation is in the dust, they perish for ever: that is, cease to Be till the Resurrection.

Luke 20.37.38. Now that the dead are raised &c. relating to Exod. 3.6. I am the God of Abraham, &c. From whence Christ proveth the resurrection: But if Abraham, Isaac, &c. had then lived in their soules, it had been no Argument to prove the resurrection; for he had been the God of living soules Abraham, Isaac, and Jacob, though there had been no resurrection. Besides, he saith all live unto him: and this saying is ascribed unto the dead: therefore, as well may we argue from thence, that they lived in their bodies, as say, they were dead in body, but alive in soul unto God: for it is impossible to be potentially and actually living at the same time.

Psal. 89.48. What man is he that liveth, and shall not see death? shall he deliver his soul from the hand of the grave? Selah.

Act. I. 31. He seeing this before, spake of the Resurrection of Christ, that his soul was not left in Hell, neither his flesh did see corruption: whence is cleare, that spirit, life, breath, or soul are subject to the grave, as well as body or flesh; for Christs soul as well as his flesh was in Hel, that is, the grave or bonds of death: so that he wholy and thoroughly died for us.

Eccl. 4.1.2.3. doth shew, that the living suffer oppression, but to the dead is none: and cap. 9.4.5. they know not any thing; for a living Dog is better than a dead Lion: therefore, Psal. 146.2 David saith, I will sing prayses unto my God while I have any being; implying that in death there is none: And Jam. 4.14. Our life is even a vapour that appeareth for a little time, and then vanisheth away. And Rev. 16.3. every living soul in the Sea dyed: and cap. 20.4.5. dead soules lived again. And Psal. 39.5 man at his best estate is altogether vanity; compared with Rom. 8. 19. the creature was made subject to vanity; that is corruption, all which declare mans totall death. And Act. 23.6. & 24.21. & 26.6.7. most clearly shew that all hope of future life and Being is in the Resurrection.

Thus much of Scripture, now to Naturall Reason.

CHAP. III.: Naturall Reasons to prove it: with Objections Answered.

If we will rationally argue concerning the Soul, it is necessary to define what that is, to which it is ascribed: But since it is defined by some one way, by some another way, I shall produce some Opinions about it; and then bring the most rationall to tryall, omitting the more frivolous: viz.

The Stoicks held it A certaine blast hot and fierie: or the vitall spirit of the blood: The Cretians, Blood: Gallen, a certaine exhalation of the purest blood: Zeno, Cleanthes, Antipater, and Possiodonius, a hot complexion, or corporeall quality diffused through the whole body: Democritus, Fire, and his opinion was, the round Attomes being incorporated by aire and fire doe make up the Soule: Pythagoras, opinionated it a Number moving of it selfe: Plato, a substance to be conceived in the mind, that received motion from it selfe, according to number and Harmonic: Aristotle, the first continual motion of a body naturall, haying in it those instrumentall parts, wherein was possibility of life: Dinarchus, an Harmonic of the four Elements: Nernesius divides it into Phantasie, judgment, Memorie: Aristotle in his Physicks, into vegetative, sensitive, motive, appetetive, intellective: And Ambrose Parey, pag. 895. saith, the soule is the inward Entelechia, or the primative cause of all motions and functions both naturall and animall, and the true Forme of a man: It seeth, heareth, smelleth, toucheth, tasteth, imagineth, judgeth, &c. And more exactly pag. 83. lib. 3. Cap. i. he saith, the soule is commonly distinguished into three Faculties: Animall, Vitall, Naturall: The Animall, into Principall, Sensetive, Motive: The Principall, into Imaginative, (seated in the upper part of the braine) Reasonable, (the middle part of the braine,) Memorative, (Cerebellum) or after-braine. The Sensetive, into Seeing, (the eyes) Hearing, (the eares) Smelling, (the nose) Tasting, (the tongue, pallat) Touching, (the body). The Motive, into Progressive, (legs) Apprehensive, (hands.)

The Vitall, into Dilative, or parts for respiration, (weason, lungs) Concoctive, or parts for vitall motion, (heart and arteries, understood by the Pulsificke Facultie.

The Naturall, into Nutrative, Active, Generative: which three are performed by the help of the Attractive, (the gullet) Retentive, (lower passage or the stomack) Concoctive, (body of the ventricle) Assimulative, (three small guts) Expulsive, (three great guts.)

Augustine and Athanasius say, it is a substance created, a spirit intelligent, invisible, immortall, incorporeall like the Angels.

And there be several Opinions of its Body: Lucippus and Hipparchus say, it hath a fierie Body: Critias and Anaxemines, Woolnor and others an aeriall body: Hesiod, an earthly: Epicurius, fierie and airie: Zenophon, watry and earthly: Drone, a middle betwixt the spirit and the body: Didimus and Origen, a third substance.

Divers other conceptions and fancies there be, to uphold this ridiculous invention of the Soule traducted from the Heathens, who by the Book of Nature understood an immortality after Death; but through their ignorance how, or which way; this invention (reported to be Platoes) was occasioned, and begat a generall beliefe: and so they, and after them the Christians have thus strained their wits to such miserable shifts, to define what it is, but neither conclude any certainty, or give satisfaction therein. Yet since it is generally concluded to be in man, and of man; but what, where, or how no man knowes, though such severall opinions be, if but examined: Ile pitch upon those which afford most conceptory definition: that is, that of Aristotle, Nemesius, or Ambrose Parey, which make the Soule to be all the internall and externall Faculties of Man joyntly considered: or Man Anatomized: and thereto Reply thus.

All the Faculties of Man (sensu diviso or conjuncto) are all, and each of them mortall; as well those that are peculiar to man, as those that are common to Beasts: and if all those, with his corpulent matter compleating Man, be proved mortall; then the invention of the Soule upon that ground vanisheth: which I thus prove.

All elementary compositions or Temperatures are mortall, and transitory: But Mans Faculties a minore ad majus are Temperatures: Ergo, Mortall.

The Minor is thus proved.

That which is subject to intention and remission is a Temperature:

But all Mans Faculties, yea those of Reason, Consideration Science, &c. all that distinguish Man from a Beast, are augmented by Learning, Education, &c. lessened by Negligence, Idlenesse, &c. and quite nullified by Madnesse: Ergo.

That those Faculties are Temperatures, I further prove thus:

A Temperature is a Quality; and a Quality may be in the Subject, or absent from it, without the destruction of the same subject.

But Reason, Understanding, &c. may be absent from the Body their Subject, and yet the Body living: as, in mad men, and persons in the Falling-sickness; and none will deny they are men at that same time:

Ergo.

Object. Qualities of the Body are subject to sense: But Understanding, &c. subject to none: Ergo.

Answ. A hot and drie braine is quick-witted, which by moisture and coldnesse is altered: and so we are disposed according to the present constitution of our Bodies.

If this suffice not, I adde: that, an effect is by passion from the cause, as motion cannot be without passion from that which moveth: for take away the cause, and the motion ceaseth: tolle causam tollitur effectus: Therefore quicknesse of wit cannot be without passion from heat and drynesse: for over-power that hot and dry braine with moisture and coldnesse, as may be with Opium, and the hotnesse and drynesse thereof ceaseth, and dulnesse followeth.

Further, even from my Opposites Assertions I prove this Soul they so talk on, to be elementall, as Woolnor and others, who ascribe unto it an Aeriall Body: For whatsoever is Aeriall is elementall, else could it not be Aeriall:

Ergo, this Soule is elementall, and so finite. If this immortall spirit have an Aeriall Body; I wonder what would become of it, if a living man were closed up in a Vessell, which were so sollid every where, that the Aire could not possibly evacuate, and there the man dye; either it must perish with the man, or else remaine there, through which there is no passage for its Aeriall Body: So that he so martyred hath an ill-favoured Paradice for his Soul.

And further, experience tels us, If the former Brain-pan be hurt, the Senses are hindred, but the Cogitation remaineth sound.

If onely the Middle-pan be harmed, the Cogitation is maimed; but the Seat of Sense keeps all the five Senses whole: If any hurt befall both to the Former and Middle-pan, both Sense and Cogitation decay.

If the Hinder-pan be disordered only, the Memorie alone, and neither Sense nor Cogitation receive harme.

So that in veritie, Man is but a creature whose severall parts and members are endowed with proper natures or Faculties, each subservient to other, to make him a living Rationall Creature; whose degrees or excellencies of naturall Faculties make him in his kind more excellent then the Beasts: So that though Parey and others doe so excellently set forth his severall endowments or properties of his severall members, it doth not follow, that those Faculties together are a Being of themselves immortall: For as the members cannot be perfect members without them, so they cannot be faculties without their members; and separation cannot be without destruction of both: As attraction or heat is the property of fire, which cannot be, if fire cease; nor fire be, if it cease: and as well may we say the heat of the fire continueth, after the fire is dead out, as those Faculties when their Body is dead: for spoyle one, spoyle both; kill one, kill both; this is in that, and that is in this: The Forme is so in the Matter, and the Matter so in the Forme; as thereby, and not else, is an Existence, or Humane Entity; And their Being is in this Union, and their Union is in this Being: So that, take away Forme, and Matter ceaseth; take away Matter and Forme ceaseth: destructio unius est interitum alterius. The Forme is the Forme of the Matter, and the Matter the Matter of the Forme; neither of them selves but each by other, and both together make one Being; therefore if one Be by the other, and thereby Both together; then one cannot consist without the other, but must Both perish together: For nothing can consist without that, by which it is.

But suppose on the contrary, one could consist without the other, as they say the Soul can without the Body; then one may be generated without the other, Soul without Body, and so according to their preposterous precepts, it is not unnaturall for a Woman to bring forth a Spirit, that hath neither flesh, blood nor bones, instead of a Child.

Or if one Be without the other, as Forme without Matter: Masse concepted, without the Facultie conceptive: then should all corpulent Substances be as infinite as God, without beginning, and Be of themselves, and themselves Gods: But I hope all grant both impossible: Therefore they must as well end together as begin together; and begin together as end together. Moreover, experience further tels us, that they neither can Be, nor consist without other: For if Nature be deprived more, or lesse in her work of conception of her due, (her Formes or conceptions being by her powers Formative or conceptive, or her Formed Faculties by her Facultive Formes) her Effect is accordingly: If membrally impedited, a membrall impediment; if totally impedited, a totall frustration; of Matter and Forme, in Both: For he that is born without any member, hath neither Forme nor Faculty thereof at all: or with any membrall imperfection, that part hath not its perfection either of Forme or Faculty: so commeth it that some are borne Fooles, and never can be wise: Therefore their originall Being must be together. And that their ultimate end is together, we see, that the Eye is no Eye without the Sight: and Sight no Sight without the Eye: and so of all the other Senses and Faculties e minore ad majus. Wherefore, membral perfection is not so much in shape as in virtue; and virtuall perfection not so much in Masse as in due proportion, and both joyntly make naturall perfection, which is the gift of God, or natures generall instinct: So, as one can by no meanes be without the other, so one cannot subsist without the other: For could there be a Facultive substance (as that of the Soul is made) without its body; then a man might live when his head were cut off; yea, were his whole body quite burnt and consumed away, except his GREAT TOE; he, even his Soul might as well live in his GREAT TOE, as before in his whole Masse; yea, better in that, then without all, as they childishly suppose.

Therefore, they may as well say, the Popes Soul is in his GREAT TOE when men kisse it, as say, the Soul liveth, when the Body dieth.

Further, this Facultive Gift, or Natures endowment can no more be said to be a subsistent living Spirit, without its Receptacle, then the Sun-beames without the Sun, which are the gift or property of the Sun, But the Being of this communication must be in the Subject, as levitie in the Fire, ponderositie in the Earth: And though the natures of things be immediate communications of Gods Power to Nature, yet disjunctively those communications are no Entities, without God be so many severall Beings; for in that sence they are not communications but absolute Beings of themselves; for betwixt Faculty and Subject is a Relation to communication, as betwixt Father and Son to Fatherhood; neither without other, nor it without both: and to say notwithstanding, as this fancy of the Soul importeth, that there may be a Facultive Substance without its Subject; then Natures severall Faculties must not be the severall communications of One Being, but so many absolute irrelative Beings of themselves: So that this Doctrine of the Soul implyeth, no God; if a God, so many severall Gods as Faculties: and if but ONE then it chops that ONE smaller then hearbs to the pot: Therefore Faculty ceaseth with its Subject, or with the Subject God gathereth to himself the power, and yet his power no more by retraction, then lesse before by communication; and so but One Being, in whom all things are, or one Ens Entium.

Moreover, those severall Faculties cannot be united or comprehended in one body, but by the severall members of the same body; for we see, if the member decay, the faculty decayes: Therefore their unite substance must be terminated membrally in the body: And if it were possible they could subsist seperated from their members; then in that seperation their Being could not be conjunct or unite, for want of that which tyed them together, the severall members: And so, if any Being, so many severall Beings as severall Faculties: if any Soul, so many severall Soules: a Phantasticke Soul, a Rationall Soul, a Memorative Soul, a Seeing Soul, a Hearing Soul, a Smelling Soul, a Tasting Soul, a Touching Soul, with divers other Souls of all sorts, and sizes: as, saving your presence, an Evacuating Soul, &c.

And further, that those Faculties are thus in their Subjects, and are not without them, (as accidens non est nisi in subjecto) we see, that they increase and grow with their Subjects, and perfect together: For a Child is totally proportionated (as Adam when Godformed him of the Earth) before the vitall Faculty be actuall, (as Parey saith) and the Rationall requireth a due processe of time after birth, before it be ripe to bring forth the fruit of Rationality, & as its Subject groweth and ripeneth, so it increaseth and Perfecteth: for it is impossible, that the thing which is not actual in it self, should have a second thing actuall in it; and Rationality in an Infant, is no more in it, then a Chickin in the egge, only in posse: therefore a Child cannot possibly ratiocinate, before it be actually Rationall; which cannot be before Organnicall perfection: For Reason cannot Be, and not shew it self; shew it self and not Be; for its Being is its Rationality, and its Rationality its Being: therefore as its Organs are potentiall, it is potentiall; and as its Organs are weake and imperfect, it is weak and imperfect; and as they are perfect, it is perfect: Therefore Faculties increase with their Subjects, and if increase, they must decrease.

Anatomize Man, Take a view of all his Lineaments and Dimensions, of all his members and Faculties, and consider their state severally, and all are transitory, even all that goeth to the Subject Man is corruptible, and himself but a Bundle of corruption, or curious Masse of vicisitudes. If all of Man that goeth to his Manhood be mortall, where then, or what is this immortall thing the Soul they talke of? we have examined all his parts and faculties, and find even all mortall: It is not sure his prima materia though ingenerable, incorruptible, insensible, indefinite, &c. Nor his Forma prima, that principle which first gives Essence to a naturall Body; the first Active principle, informing and figurating the First Matter, sui appetentem; for both are generall to the whole Creation, whose Efficient Cause is onely immediately God himself, by whose power all things that are made shall be returned to that of which they were made, their Materia prima, or created matter: So that, (as Solomon saith,) Man hath no preheminence above a Beast, even one thing befalleth them.

What Reason is there now, that Mans Faculties in a higher Degree, should be an immortall Spirit, more then a Beasts in a lower degree? but both elementary and finite.

Further, if it be not unnaturall that Seeing, Hearing, &c. should be producted by an Elementary operation, as none deny in the propagation of Beasts: why is not the rationall facultie in Man as naturall in Man, and may as well be producted elementarily by Man, as the other by Beasts, and be as actually mortall? If this suffice not, observe; Substantia non recipit majus aut minus, a Giant is no more a man then a Dwarfe: there may be a graduall distinction, and yet no Essentiall difference; Degrees of Faculties in severall persons, and yet the Faculties the same, and of one nature, though not equally excellent: and the Degree doth not make a Facultie more a Facultie, or lesse a Facultie: Therefore, if the said Faculties in an inferiour Degree be elementary, so must they in a superiour: But in Brutes, whom none deny to be wholly mortall, and all their Faculties elementary, have our most noble parts and Faculties scattered amongst them, though in an inferiour degree: As Ambrose Parey saith, (Lib. 2. cap. I.) If we will diligently search into their nature, we shall observe the impressions of many virtues: as, of Magnanimity, Prudence, Fortitude, Clemency, Docility, Love, Carefulnesse, Providence; yea, Knowledge, Understanding, Memory, &c. is common to all Brutes; the Affections and Passions of the Mind, all his Qualities good and bad, and every Facultie he hath is to be found more or lesse amongst them: And Parey further saith, They are of quicke sense, observant of the Rites of Friendship and Chastity, they submit themselves to the Discipline of Man, they have taught Man many things, &c.

The Hare is eminent for Memory, the Dog for Apprehension and Fidelity, the Serpent for Wisdome, the Fox for Subtiltie, the Dove for Chastity and Innocency, the Elephant for Docility, Modesty, and Gratitude. Plinie saith, he commeth near the understanding of a man, that they worship the Moon and Stars: Plutarch, that they worship the Sun rising. The Ape is eminent for Imitation and Understanding, the Turtle for Love, the Crocodile for Deceit, the Lambe for Patience, the Waspe for Anger, &c. and for his Five Senses he is by them exceld.

  • Aper auditu nos vincit, Aranea tactu,
  • Vultur odoratu, Linx visu, Simia gustu.

Thus Man in sensu diviso, is to be found amongst the other Creatures, and in him alone those severall Faculties are eminent sensu conjuncto, and so only capable of God: Therfore those Faculties being elementary in an inferiour Degree, in an inferiour Creature, why may they not be elementary in a superiour Degree in a superiour Creature?

Now from all, this followeth, that if in man be an immortall spirit, then divers other Creatures have the like, though not in the same Degree; for if Degree therein should make or mar the thing it selfe, then some would have no more Soules then Beasts, and some lesse: as Mad-men; and Fooles no more; and Infants lesse. If it be the Rationall Facultie, then all men are borne without Soules, and some die before they had Soules, as Infants; and some after their Soules are gone, as Mad-men that live and perish in their madnesse; and some would be borne, live, and die without Soules, as Fooles; and some would have Soules but by fits and jumps, as Drunkards, persons with the Falling-Sicknesse, &c. nay all of us spend a great part of our dayes without our Soules, for while we are in sound sleep our Rationality ceaseth pro tempore: Thus this Immortall Spirit goes and comes as occasion serves.

CHAP. IIII.: Objections from Naturall Reasons Answered.

Because I have onely met with one or two in this kind, I shall give a glance upon them, and passe to those Objections which are extorted from Scripture, which are various.

Object. Wooln. pag- 324. If the Soul be compounded of the Elements, it will not follow, that it must needs be mortall; because Corruption and Death comes not onely, nor so much from Propagation or Composition, as from divine Malediction: for the wages of sin is death: Without which even Adams Body should have been immortall as well as his Soul.

To which I answer. The Soule (by his owne grounds) was chiefly, the body but instrumentally in the Transgression: And so, if the wages of sin be death, the Soule was under the divine Malediction as well as the Body: so that it (if such a thing be) lost its supernaturality and immortality, as well as the body: Therefore, if by this Rule the Souls Immortality may be pleaded, much more may the Bodies.

I should (according to the import of the Title of this Chapter) have produced more Objections in this kind: but finding Naturall Reason silent therein, I Answer such silent ones with silence. Needs must Reason be silent in the defence of this fancie, since it cannot define what that is, to which this immortality is ascribed: Yet some beyond all Reason to uphold this ignote endlesse entitie, say, that though it cannot be defined what it is, yet it followeth not that it is not: as we cannot define what God is, yet it followeth not that there is no God: And so it mattereth not whether it be the Rationall Facultie, or no; or what it is, so long as it is.

To this I Answer, That this is to make no distinction betwixt Reason and Madnesse; As if we were bound to beleeve that, for which there is no sense nor reason; so might we beleeve there were ten thousand Gods, yea blocks and stones were Gods sufficient to save: But we find in Scripture and in Nature sufficient to convince our Reasons that there is but one God, and he that one whom we worship, though our Reasons are not able fully to comprehend him; so much of him wee know, as our Reasons is able to containe: whereas for this immortall spirit, there is not so much of it declared as may convince Reason what it is, or that it is; and to beleeve that it is, because we cannot know what it is, shall be no Article of my Beliefe.

Thus proved from Scripture and Reason, let us proceed to the Resolution of what from Scripture shall be obtruded.

CHAP. V.: Objections extorted from Scripture Answered.

Object. 1. Therefore we are alwayes confident, knowing that whilst we are at home in the body, we are absent from the Lord: we are confident I say, and willing rather, to be absent from the body, and to be present with the Lord, 2 Cor. 5.6.8.

Whence is inferred a present injoyment of Glory immediately after death.

I Answer, that both the foregoing and subsequent matter deny such an Interpretation, or Consequence: for before, wishing to be clothed with our House from Heaven, on which is this expression of being present with the Lord, he expounds, that his meaning is thereby, that mortality might be swallowed up of life, or as he saith, I Cor. 15.53. -that this corruptible (man) might put on incorruption, and this mortall put on immortality: And the following matter of them words, being laid down as the reason or ground why he so spake, prove, that by his [presence with the Lord,] he meant nothing else, but his state after the Resurrection: for saith he, we must all appear before the judgment seat of Christ, that every one, &c. ver. 1.

Obj. 2. For I am in a strait betwixt two, having a desire to depart, and to be with Christ, which is far better; neverthelesse, to abide in the flesh is much needfull for you, Phil. 1.23.24

I Answer: this is of the same nature, therefore must have the same Interpretation: for Paul did not preach one thing to the Philippians, and the contrary to the Corinthians. Besides, such manner of expressions are not contradictory to this mortality; for though there be long time to the Living till the Resurrection, there is none to the Dead: for from Adams death to his Resurrection at the end of the World, will be to him, as the twinkling of an eye to the Living; yea, the twinkling of an eye to the living, is more time, then a thousand, yea ten thousand yeares is to the dead: For Being onely commensurates with Time, or length of dayes; not to Be cannot possibly be capable thereof: So, that the Livings tedious anniversary expectation of the Resurrection, and end of their faith; is not a twinkling to the grave: the Livings Future is the Deads Present: Therefore, it is well figurated in Scripture by sleep, as slept with his fathers, I King. 11.43-falne asleep in Christ, 1 Cor. 15.18. &c. not that it is so long a time to the dead, but that in nature there is nothing so represents death, or non-being, as sleep: So that this may take away all carnall security; for who would not watch and pray over night, that knowes he must die in the morning? live well and be wary to day, that must rise and answer to morrow; beleeve to day, that would not be damned, but saved to morrow: This administers comfort to the righteous, but terrour to the wicked.

Object. 3. And it came to passe as her soule was in departing, Gen. 35.18. Ergo, there is such a thing as the Soule, which continueth its Being after death.

Answ. No such matter; for the sense of the words is, as she was dying, or life a departing, for the following words say she dyed; which could not be, if her soule (her constitutive part) lived still, no more then a man can be said to lose his hand, when he loses a finger.

Object. 4. And he stretched himselfe upon the Child three times, and cryed unto the Lord, and said, O Lord my God, pray thee, let this Childs soule come into him againe: And the Lord heard his voice, and the soule of the Child came into him again, and he revived. 1 King. 17.21.22. And Job 14.22. it is said, his flesh upon him shall have pain, and his soule within him shall mourne.

Ergo, there is such a thing as the soule.

Ans. If it be meant life or breath, whose Being is consistent and terminated in a corpulent union: For, by that of the Child, is meant his breath or life, the thing that his corpulent matter wanted; as ver. 17. implyeth, which saith, his sicknesse was so sore, that there was no breath left in him: Therefore, that which was gone, was prayed for, his breath or life, as his Answer further proveth, which was, and it revived.

And by Soul in that of Job is meant, his conscience; whose seat is in the reasonable and memorative Faculties. Therefore, the use of the word Soule in those places, doe not prove such a thing in man as is supposed: For in Scripture it is variously used upon various occasions. It is put for the stomack Prov. 27.7. for the eyes, Jer. 13.17. for the heart, 1 Sam. 18. for God, Prov. 19.16. Heb. 10.38. Jer. 14.19. for the dead body, Psal. 16.10. for the whole man, Levit. 7.19. & 5.1. Acts 7.14. Num. 15.30. Rom. 13.1. Gen. 12.5. & 46. Act. 2.41. 1 Pet. 3.20. for breath, Act. 20.10. for life, Isa. 53.12.

Therefore, from those places those parts may as well be proved so many Soules, or Spirits of immortality, as from those where it is put for Breath or Life, its Being be proved, or such an immortall existence to be in the body.

Object. 5. For which cause we faint not; for though our outward man perish, yet the inward is renewed day by day.

Ergo, there is soule and body in man.

Answ. It is not said, Though our flesh perish, yet our soules is renewed; then ’twere something to little purpose, but it is said, our outward man, which compared with what is meant by inward man, must needs be whole man; for by inward man is meant faith or work of grace, (Rom. 1.17. & 14.8. & 8.1. 2 Cor. 5.1 7.) which is no part of naturall man: so that without it or its renewing we are men perfect, as well as with it.

Object. 6. Who knoweth the spirit of man, that goeth upward; and the spirit of a beast that goeth downward to the earth? Wherefore man hath a soule that goeth presently to Heaven, but the beasts to the earth.

Answ. It cannot beare that sense; for immediately before he saith, their breath is all one, there is no difference, as the one dyeth so dyeth the other, and goeth to one place, the dust: Therefore, if the beasts be reversed into the elements, so must mans. The meaning I take to be thus, that such a wonderfull thing is the breath of a man, that breatheth upward, and the breath of a beast that breatheth downward, (for Spirit signifieth breath) according to that of Ovid:

  • Pronaque cum spectent animalia cœtera terram
  • Os Homini sublime dedit, cœclumque videre
  • Jussit, & erectos ad sidera tollere vultus.

that its Faculty how it is, is past finding out: for Art in all her imitations could never touch that secret with her pensill.

Object. 7. Feare not them which kill the body, but are not able to kill the soule, but rather feare him, who is able to destroy both soule and body in hell.

Answ. This carryes the face indeed of the soules immortality: but if the interpretation must be confined to that sence, it overthrowes the current of the whole Scriptures: Wherefore, my opinion of it is, that by [not able to kill the soul] is meant, (as Luke hath it, C. 12 4) have no more that they can do: that is, though they have power over this life, which is sowen in corruption, they have none over that which is raysed in incorruption, But rather feare him which is able to destroy both soul and body in Hell; that, (as Luke hath it,) after he hath killed, hath power to cast into Hell. This doth not set forth any immortality before the Resurrection, but shewes, that onely that is in Gods hand, and he onely able to touch it, that is, cast it into Hell. That this must be so expounded, I further prove from the non-entity of Hell; for there can be no casting into Hell, before Hell be, which though it be ordained of old, Isa. 30.33. it is but in posse, not in esse till the Resurrection: For satisfaction, it is convenient to declare what we mean by Hell: for Hell is diversly used in Scripture: It is put for the grave, Psal. 16.10. & 55.15. Isa. 14.15 - for the Whale in which Jonah was, Jon. 2.2. for Sathans Kingdom leading to Hell, Mat. 16.18. for Satan, or his malignant spirits, Jam. 3.6. for the place of the damned, Mat. 5.29. & 10.28. Luke 12.5. & 16.23. 2 Pet. 2.4. and this last, [the place of the damned] is that which we meane by Hell: and it is likewise variously called: as, outer darknesse, Mat. 22.13. & 23.33. wrath to come, 1 Thes. 1.10. & 5.9. Chaines of darknesse, 2 Pet. 2.4. Jude 6. eternall fire, Jude 7. second death, Rev. 20.6. bottomlesse pit, Rev. 9.2. the place of torment, Rev. 14.10. & 20.10. Lake of fire, Rev. 19.20. & 21.8. everlasting punishment, Mat. 25.41.46. blacknesse and darknessefor ever, Jude 13. Those severall expressions are generally taken to set forth the end of the Reprobate, or the execution of Gods wrath upon them: Therefore, if none of the formentioned places that Hell is put for, save that of the place of the damned, be taken for Hell, then most of those severall expressions suite with it: but the expressions in generall grant no immediate execution after this death, but imply the contrary, as we may see, if we examine them.

First, in Mat. 22.13. where it is called outer darknesse, and 23.v.33. damnation of Hell, cornpared with cap. 25.41. where, it is said, Then shall he say unto them on the left hand, depart from me yee cursed into everlasting fire prepared for the Divel and his Angels: to this adde 2 Cor. 5.10. For we must all appeare before the judgment Seate of Christ, that everyone may receive the things done in the flesh, whether good or evil: and to these adde 1 Thes. 1.10. & 5.9. where it is called, wrath to come: which thus compared shew plainely, it is to come; else execution must go before judgment, which in a Common-wealth would be ridiculous injustice, as first to hang men, and then judge them. At the day of judgment we all must receive our reward according to our deeds good or bad, THEN shall he say unto them on his left hand &c. and not before THEN: for it cannot be twice received: therefore, it is fitly called wrath to come; and the very divels confirme this themselves, Mat. 8.29. art thou come to torment us before the time? which proveth plainly, that the time of their torment was not come: and if the Divel cannot be believed, God further cleares it, 2 Pet. 2.4. For if he spared not the Angels that sinned, but cast them down to Hell, and delivered them into Chaines of darkenesse, to be reserved unto judgment. And Jude 6. The Angels which kept not their first estate, but left their own habitation, he hath reserved in everlasting Chaines, unto the Judgment of the great day: in both which places it is said, they are reserved unto judgment: and Iude ver. 7. to the Reprobate is reserved the blacknesse of darkenesse for ever: and to this adde Rev. 20.10.11.12.13.14.15. which clearly shew, that at the day of Judgement both Divels and Reprobate together shall be cast into the Lake of fire: Therefore, if reserved for both till then, Ile be bold to say, it shall not be till, nor before then.

Moreover, Rev. 19.20. it is said, the beast and the false Prophet and them that worshipped his image were cast alive into the lake of fire and brimstone: and C.20.10. And the Devil that deceived them, was cast into the Lake: and this v.6 & 14. is called the second death: therefore, this casting into the Lake must be after the Fall of Antichrist, and after he hath done deceiving; and not before; for if he be there now, he hath done deceiving; for once there, it is impossible he should deceive: but that he hath not, there is more witnesses, then stars in the Skie, or sands in the Sea; our innumerable sinnes, whole just reward is the second death.

If it be Questioned, where then the Divels are?

Observe, they are but Creatures, and such as are fallen from their Heavenly mansions; therefore, within the Sublunary compasse, so that as the Earth is the proper place for ponderous and grosse bodies: and the Devils being more subtile and aiereal may be referred to the air; and not without ground from Scripture: for Ephef.2.2. the Devil is called the Prince of the power of the aire: so that their casting into Hell, must be the aire: and Hell may as well be put for the aire in those places, as in other for the grave, &c. their prison, or place of custody, as the grave to the dead. And Rev. 12.9. tis said, he was cast into the earth, and his Angels &c.

This premised, Hell and Damnation not yet; well might ignorance straine it self into such incertaine conceits about the place of it’s Being, and it not as yet: Some have feigned it in Mount Etna, some in the Element of Fire, which is betwixt the upper region of the Aire and the Globe of the Moon; some to be in the Caves of the Earth, and Conduits of the Sea; some only in the Sea, as Archer in his Personall raigne of Christ mentions, because the Divels were cast into the Swine, which ran violently down a steep place into the Sea, Mar. 5.13. surely, they might as wel say, they have Milstones about their necks, because it is also said, better a milstone were tyed about his neck, and he cast into the bottome of the Sea: for the one followeth no more then the other: Some say, it is in the earth equally so far distant from the surface, as Heaven is above it: as Phillips, &c. and this he labours to confirme with Scripture: as, Pro. 15.24. The way of life is above to the wise, that he may depart from Hell beneath. and Phil. 2.10. That in the name of Jesus every knee should bow, of things in Heaven, and things in Earth, and things under the Earth: i.e. in Hell saith he. And Luke 16. The rich man saw Abraham afar off, and Lazarus in his bosome: And Ezck. 31.18. Yet shalt thou be brought down with the Trees of Eden unto the nether parts of the Earth.

But those and such like places which literally seem to import Hell, conclude the thing no more, then other literall expressions prove God to have corpulent eyes, cares, hands, &c. but are expressions after the manner of men, to shew the gradation of condition betwixt the wicked and the righteous, the one the extreamest debasement, the other the extreamest exaltation, which could not be better figurated to sence, then by Heaven and Earth.

And in particular thus: The first, as Pro. 15.24. is litterall or figurative, which interpretation can neither be canonicall nor rationall; for thereby wise men must not tread upon the ground, but must walk upon the Aire, or upon the water, as Christ and Peter upon the Sea, (Mat. 14.25.29.) and there only the way of life: for it saith, their way is above. For the second; as, Phil. 2.10. that is both propheticall and figurative, to shew how in processe of time all Degrees shall subject to Christ: Angels, Men, Beasts, Devils, and Death, whose Degrees is thus literally expressed to sence by Heaven, Earth, under the Earth; or Angels that are highest in dignity, and so cœlestiall; Men and sublunars the midle, and so terrestriall; Divels and Death the lowest, and so subterrestriall.

The third, as Luke 16. is parabolicall: (of which more anon) and it seemes by this, if Hell be so deep in the Earth, the Damned have wonderfull good eyes, to see through the earths grosse body, and the Heavens 12. Spheares into the Coplum Empyreum, to spy Lazarus in Abrahams bosome; or else Heaven must be there too, even in the centure of the Earth: this is the consequence of such parabollicall Arguments. And the 4th. or last, as Ezek. 31.18. is a kin to those: for it is but to shew, how that Pharaoh in the height of his pride and fury was brought to confusion, which in the 15.v. is expressed by, In the day when he went down into the grave, and v. 14. unto death, to the nether parts of the earth, to the pit; and v. 17. into Hell: all which shew but the sudden death and utter confusion of Pharaoh and his Army: and at the utmost, Hell here can be put for death, or the grave, and not for any such place of torment.

There is yet an other Opinion of the place of Hell, which is the best that ever I heard or read of, and that is (according to Archers judgment) the Earth reduced to its prima materia or created matter, which he saith cannot be consumed, and there shall the Damned be cast: But least I should dive further in the inquisition of the place then my Commission will reach, Ile leave it to the wofull experience of the damned at the day of judgment.

Object. 8. such a one caught up into the third Heavens: how that he was caught up into Paradice, 2 Cor. 12.2.4. there Paradice is put for the third Heavens: And to this compare Christs Answer to the theife upon the Crosse: This day, thou shalt be with me in Paradice: Therefore, Paradice is the third Heavens, the place for the souls of the righteous, whither the Theifes soul went that day.

Answ. First, Christ was not there that day himself; for his humanity was three dayes and three nights in the grave after his death.

2ly, His whole humanity (soul and body as ’tis called) suffered death, as it was necessary, for if his body only suffered, what should our souls have done for a Redeemer? (of this more hereafter) so that the saying of the prophet is fulfilled: Psal. 16.10. For thou wilt not leave my soul in Hell, (i.e. his manhood in the grave) nor suffer thine holy One to see corruption: i.e. or there to putrifie.

3ly, if so; then the souls of the righteous have an earthly fading habitation, for the 12. Spheares are as the earth is a meer elementall condensation; and at the Day of the Lord the Heavens shall passe away with a great noyse, and the elements shall melt with fervent heat: 2 Pet. 3.10. But their habitation is of a better and enduring substance, Heb. 10.34. eternall, 2 Cor. 5.1. an inheritance incorruptible, and undefiled, and that fadeth not away, 1 Pet. 1.4. whereas, this makes it mortall, corruptible, and fading: so that, the soul changeth but one corruptible earthly mansion for an other, that shall fleet away, and no more place shall be found for it, Rev. 20.10. and 21.1.

4ly, Christ was the first fruits of them that slept, and thereby (as he tould his Disciples) he went to prepare a place for them in his Fathers house.

Therefore, if it were then to prepare, it was not then in esse, there could be none in, before it self was in Being: so that if Abraham, Isaac, &c. as soon as they died, entred presently therein, it is as if we should be actually in a House before the House be built, or enjoy the Purchase before the Price be paid, or Possession had.

I may (and not without ground) positively affirme, that the place of Glory for the dead Saints is not yet: and shall not actually Be till the dissolution of those Heavens and this earth, according to that of Isaiah 65.17. For behold I create New Heavens and a New Earth, and the former shall not be remembered, nor come into mind. Chap. 66. the New Heavens and the New earth shall remaine before me saith the Lord. And 2 Pet. 3.13. tis said, we look for New Heavens and a New Earth, (after the dissolution of the old ver. 12.) wherein dwelleth righteousnesse. And John after he had revealed the end and finall dissolution of the world, and the judgment of the quick and dead; saith, And I saw a New Heaven, and a New Earth; for the first Heaven and the first Earth were passed away, and there was no more Sea. And ver 2.3.&c. And I saw the holy City, &c. Whence is observable, that Isaiah, Peter, and John with one consent in probation that they did not meane any state in this world, expresly conclude the dissolution of those Heavens & this earth, before their prophesie be fulfilled. 2ly, that they are not the same with those, they stile them New, to distinguish them from the old. 3ly, that they intend no renovation of the old, Isaiah maketh them a work of Creation: [I create New Heavens &c.] 4ly, to confirme it further, Isaiah declareth their eternity, [the New Heavens and the New Earth shall continue before me saith the Lord] 5ly, Peter maketh them pure and undefiled: [wherein dwelleth righteousnesse] And into this New Earth John saw the holy City, New Jerusalem comming down from God out of Heaven, (ver. 2.) and heard a voyce out of Heaven, saying, Behold, the Tabernacle of God with men, and he will dwell with them. ver. 3. and ver. 27. there shall in no wise enter into it any thing that defileth: whence it is most certaine, that it shall never be defiled with sin, for the glory of God shall lighten it, and the Lamb is the light thereof, ver. 23. and they shall raigne for ever and ever. cap. 22.5. 6ly, there shall be no teares, no death, nor sorrow, nor any more paine: for the former things are passed away. cap. 21.4. none of all which is computable with the state of this world: but if compared with those places which speake of the state of glory or habitation for the Saints that sleep in Christ, after this life: as, 1 Pet. 1.4. where it is made an inheritance incorruptible, and undefiled, and that fadeth not away. and Heb. 10.34. it is called an enduring substance: and cap. 11.14. it is called a Countrey, and ver. 15. an heavenly Countrey: which so answer and correspond with this New Creation, that thereto only it is computable: therefore, they must needs be one and the same; and that they are, the prophesies themselves do witnesse, as, Rev. 21.24. the Nations of them that are saved shall walk in the light of it: and cap. 22.5. there they shall raigne for ever and for ever: and Peter makes it the end of their faith, saying, we according to his promise look for new Heavens &c. and further to confirme it, compare Rev. 7.14.15.16.17. with cap. 20.1.2.3.4. and you shall find, that it shall be the reward of those that come out of tribulation &c. Therefore, this is the inheritance incorruptible, and undefiled &c. the purchased possession, Ephe. 1.14. the World to come, ver. 21. the reward and end of our faith. This being thus, it is impossible, that any should injoy that for the present, which is yet to create: So that the Thiefe is found a World too short of this Paradice.

Object. Peter saith, it is reserved in Heaven.

To that and such like expressions I Answer, that the word Heaven being fittest to expresse the highnesse of its degree, and exaltation of its glory to sence, is used for no other end: so that the meaning is, reserved in highest dignity: for Heaven in Scripture is oftentimes used, to expresse the height and dignity of a thing, as, Isa. 14.12.

Object. Isaiah, there shall be no more thence an Infant of dayes, nor an old man that hath filled his dayes: for the Child shall dye an hundred yeares old, &c.

Answ. That, if this be expounded by Johns Revelation, it cannot admit of an interpretation sutable to the state of this world: for he saith, there shall be no death there, cap. 21.4. and before he sheweth, that Death (the last enemy that shall be destroyed) was cast into the Lake: Therefore, it is impossible there should be any death there. So that those expressions of Isaiah are metaphoricall, to expresse the durance of their state, which John revealeth, to be for ever and ever, cap. 22.5. Some indeed attribute this of Isaiah to the Thousand years of Christs Raigne in the Gospels glory, which commeth betwixt the Fall of the Beast and the wars of Gog and Magog; to which though it should relate, yet that double cord of Peter and John is sufficient to confirm the thing, both without contradiction plainly and expresly affirming this New Creation to be after the destruction of the old.

Object. For Christ is not entred into the holy places made with hands, which are the figures of the true, but into heaven it selfe now to appeare in the presence of God for us, Heb. 9.24.

Answ. If the subject or matter in hand of that place be observed, the obscurity or seeming contradiction hereto will vanish: the subject thereof is, the state of the two Covenants or Testaments; the Old and the New: the first worldly and carnall, the other heavenly and spiritual; the first the shadow, the second the substance; the first had a worldly Sanctuary, a Tabernacle made, with carnall Ordinances, patterns of heavenly things to come; which in this very place is called holy places made with hands, which were figures of the true, into which Christ entred not, but into heaven it selfe; that is, the Holyest of all, which was not made manifest while the first Tabernacle was standing, Ver. 8.12. which in this place is expressed by the title of heaven it selfe, not intending the place of glory for the dead Saints, or his locall ascension into any superiour materiall place, but respecting his Mediation or Offering of himselfe, whereby now (and for ever) to appeare in the presence of God for us: as ver. 25. & 26. further evidence.

Firstly, by the third heavens and Paradise in 2 Cor. 12.2.4. is meant nothing else but such a rapture as Daniel, Paul, John, &c. were in, when the Lord appeared to them in Visions, to declare wonderfull things unto them; for he that was thus caught up, heard unspeakable words, which was not lawfull for man to utter, ver. 4. And for Paradise in the other place, [To day shalt thou be with me in Paradise] If it be taken of any condition to be in that present day, it must be the same he was in himselfe; for he was to be with him, and that was at rest, where the wicked cease from troubling, Job 3. 17. where the prisoners rest together, and hear not the voice of the oppressour, ver. 18. If not to respect the present day, or any condition therein, (as is most probable) then it must be meant, (as the Malefactour desired) when he was in his Kingdome, which could not be before his Resurrection: therefore, the Malefactour could enjoy no such soulary beatitude, as from hence is supposed, and that before he had received this Kingdome himselfe; but must receive the Paradise as Christ did, by a totall Resurrection: wherefore it may well be he was one of the Saints that rose again soone after Christs Resurrection, Mat. 27.53.

Object. 9. By faith Enoch was translated, &c. Heb. 11.5. And Elijah went up by a whirl-wind into heaven, 2 King. 2.11.12.

Answ. This no way helpeth the fancie of the soule to a Paradise, but rather wholly confounds the conceit; for Elijah left his mantle, not his body behind, when he ascended the fierie charriot, and Enoch was wholly taken up by God, both translated or changed, and therefore, said, not to see death, because they did not sleep in their change: for in Scripture we reade of a threefold gradation in death; the one sleeping in corruption, which is generall, another sleeping but not seeing corruption, as Christs, the last a sudden change, as Paul saith, Behold, I shew you a mysterie, we shall not all sleep, but we shall all be changed, in a moment, in the twinkling of an eye, &c. and such as this, was that of Enoch and Elijah; and this may beare the title of death too, for as the other is a mediate, this is an immediate change, both end, and meet in one period, mortality swallowed up of life. And whereas before I affirme, that none ever except Christ ascended into heaven since the Creation, I mean of those that slept, of whom he was the first fruits, 1. Cor. 15.20.

Now that I may not seem to any, to contradict what before I affirmed concerning the New Heavens and the New Earth, as if I should make this place into which they ascended, to be the place intended for the Saints generally at the Resurrection, and so overthrow my former assertions, I shall shew the difference, which if considered, will remove the obscurity: For before, the place intended for the Saints, was cleerly proved incoruptible, and everlasting, whereas the place into which they ascended, is corruptible, and shall passe away, and its place no more be found; for the Scripture is plaine, they ascended into Heaven, and as plaine the Heavens shall be consumed with fire: But may be, it is supposed, that Christ and the rest passed the limits of the Creation, or that the Heavens, except that where he is, shall be dissolved.

To which I Answer, that the Scripture makes no such distinction or difference, but saitb, the Heavens shall melt away; or import any thing by Heaven’ in those places which speak even of Christs Ascension, then the same, or part of the same meant by Heavens in other places which speak of the dissolution.

Further, Reason tels us, that he must be within the compasse of the Creation, for there is no beyond, without it place or being is impossible; Humanity though glorifyed is but a Creature, and why not then within the Creation as well as the Angels, creatures as glorious as glorified humanity? (Luke 20.36.) if a Creature, therefore within the Creation, else could it not be a Creature, his glorification alters not his Creatureship; and the Scripture saith, Heaven must contain him till the restitution of all things, Act. 3.21. and every Continent implyeth a certaine place, and every place must be materiall, for non datur vacuum, and every matter must imply creation, else it could not be: therefore he is within the Creation. Moreover, his Humanity not being ubiquitorie, that is, every where at once, he must be in the creation, and in some certaine place of the creation.

Now seeing Heaven in Scripture is frequently used, to expresse height or excellencie of degree or dignity of a thing, (as Isa. 14.12. Heb. 6.4. Mat. 6.32. John 3.12. Ephes. 2.& 3.10.) and he ascended upward from the Earth into some part of the coelestiall bodies above, Act. 1.10. therefore, without doubt he must be in the most excellent, glorious, and heavenly part thereof, which is the SUN, the most excellent piece of the whole Creation, the Epitome of Gods power, conveyour of life, growth, strength, and being to every Creature under Heaven, it may be with other things, but nothing without it, the brightnesse whereof we are not able to behold at the farthest distance, and according to the famous Copernichus and Tycho Braheus, it is highest in station to the whole Creation: And it is called by the Learned, Cor Coeli, Anima & Oculus mundi, Planetarum & Fixarum Choragus, Author generationis: Fitly therefore may it be called the Right hand of God, by which through Christ in him we live, move, and have our being; for it is that which reflecteth the brightnesse, glory and power of the Creatour upon the Creatures mortall; his glory must of necessity be the light, else light could not be, therefore it must be by reflection, else would it be too glorious for mortall eyes, we could not see it and live: hee hath drawne a veile (the body of the Sun) before our eyes, that we may stand in his shadow and live; for this light is but his shadow, which the Sun as a glasse casteth upon the Creatures, it fills the Moon, Stars, and all Sublunars with as much of his glory as they are able to contain; Therefore the children of men put their trust under the shadow of his wings: for with him is the fountaine of life, and in his light we shall see light, Psal. 36.7.9. yea, such glory is he of, that his shadow is our light, we can see him but in part, a glimpse of his glory filleth our eyes, yea the whole world with light, he is light, and in him is no darknesse: therefore light must come from him, or else all would be darke, nay were he not, there never could be Hell, or outer darknesse; for its being commeth by withdrawing both of shadow and substance of his glory, a great gulfe shall be betwixt it and the place of the Saints, that is, there shall be such a condense interposition, as nothing shall be to reflect the brightnesse of his glory upon it, so that it is impossible for them to find the light, and for the Saints to fall into the dark. If Gods glory be not light, but true light a created matter, then at the dissolution true light shall be dissolved for ever, and no more place found for it: so in the New Jerusalem there shall be no light, but the Saints as well as the Divels shall be in continuall darknesse: for there shall be no new light created for it, implyed in these words, it shall have no need of the Sun nor Moon, but the glory of God shall inlighten it, (and that which inlightneth must needs be light) and the Lamb is the light thereof; and he shall be the same he is now, yesterday and to day the samefor ever, Heb. 13.8. Therefore this inlightning glory, or glorious light that he dwelleth in now, shall be the light then, discovered naked without reflection, they being enabled to receive it, their corruption having put on incorruption. If God be not true light, the Creation could not be consumed with fire; for if fire be matter created, fire must be burnt with fire, but that is impossible: therefore, Gods glory or light must be this consuming fire, and not without reason, for hold a Burning-glasse against the light of the Sun, and the contracted light meeting with a grosse body, causeth it to burne: the reason why any thing burneth, is by the combustable grossenes of the body the which contracted light meeteth with, whereon it feeds, the corruption whereof consumeth or vanisheth before the purity of the light; for that which we call by the word, fire, is nothing but contracted light, whose nature is not to burne, but the heat and burning commeth from the grossenes of the matter it meets, therefore is it, that a Sea-cole fire is hotter then one of wood, the coale hotter then the flame: So when the true light is displayed, or light appeareth naked, that is, when Christ appeareth naked, that is, when Christ commeth to Judgment, clothed with honour and majesty, covered with light as with a garment, Psal. 104.1.2 (inlightned with the glory of the Deity,) it will be to the Creation a consuming fire; else might we behold him and live: but our corruption is not able to stand in his light; for no sooner shall we behold it, but we shall be changed in the twinkling of an eye: and then shall we be enabled, as Job hath it, in his light to see light; Therefore was it, that the Lord put Moses in the clift of a rocke while his glory passed by; because his face (or naked glory) was not to be seen, but his back parts (or glory through a vaile) no man being able to see it naked and live, Exod. 33.20.21.22.23. If God were not light, there could be neither Sun, Moon, nor Stars to give light, or any light be in the world; yea the world could never have been, or could there be any God, or any thing: for if God be not light, he must be darknesse: now darknesse is no being, or can give being to any thing, it’s but a depravation of light; is not cannot be, or give being: Therefore, to say God is not light, is to say, he is not, or any Creation ever was or is: so that light is from everlasting to everlasting: As this formed light, or inlightning shaddow is now the Authour of motion, generation, and subsistance; so in the beginning the substance or true light was the beginner, and by it all beings had their beginnings: Wherefore, God being true light, it followeth, true light is no creature, or could be created, except God did create himself. And further, that he is light, the miraculous discovery of himself in visions by light doth evidence: as, his appearance to Moses in a flame of fire, Exod. 3.2. and Ezek. 10.4. his filling the Court with the brightnesse of his glory, his appearance to Peter in a light, which shined in the prison, Act. 12.7. and to Paul in a great light, which shone round about him. Further, day after day, and night after night, declare that he is light, for what is outer darknesse but deprivation of his presence? so the absence of the Sunlight manifests it a deprivation in some measure of his presence, the shaddow of his glory, or reflected light; because then is the fittest time for conjuration or dealing with Divels, raising of Spirits, or the like, according to Cornelius Agrippa; their power being greatest at the farthest distance of his glory, Diabolicall apparitions, or Walkes of Devils in divers places, are then only frequent, and the greater this deprivation is, the more formidable, uncough, and terrible it is, as a dayly shaddow, or type of eternall night, or outer darkness. And when Christ both God and Man was in the depth of his passion, the Sun was darkened, that he cried out, my God, my God, why hast thou forsaken me? as if his presence in that Eclipse had quite left him: which plainly implyes, that God is light, and darknesse the absence of his glory, the which the more it is, the greater is the darknesse.

Object. God said, let there be light, and there was light: Ergo, light was created.

Answ. If that place be compared to what is ascribed to the fourth dayes work, and it will be found no other, as the body of the Sun, which was to cast the shadow of his brightnesse for light upon the earth, and so time distinguished into day and night by its presence and absence: in which sence light may be said to be made, and so shall have an end, this shadow or his back parts we behold, but not the substance, his face, or true light, which by mortality cannot be seen, Exod. 33.20. that is impossible. Now seeing it is cleare, that God is the true light which lightneth the world, and every one that commeth therein, and this glory chiefly in the Sun, the Moderatour and upholder of the whole Creation. Therefore, there must Christ be, or else he sitteth not at the right hand of God in all things, or hath immortality dwelling in light, the which no man can approach. As for the Coelum Empyreum which the Astronomers have invented for his residence, I know no better ground they have for it, then such as Dromodotus the Philosopher in Pedantius had to prove there was Divels: Sunt Antipodes: Ergo Dœmones. Sunt Cœli: Ergo Cœlum Empyreum.

Object. 10. Then shall the dust returne to the earth, as it was, and the spirit shall returne to God who gave it. Eccles. 12.7.

Answ. By spirit cannot be meant such a thing as the soul, except all soules go to God, and none to the Devil: for it is indifferently spoken of all: but by spirit is meant life, which hath various expressions in Scripture: it is the will of God, that dust shal be made man, and live, and it is done, and he liveth; and his will that it shall dye, and it dyeth, or returneth to what it was: he withdraweth his communicated power, and man ceaseth, [the spirit shall returne] the communication, power, or faculty of life shall cease, [to God that gave it] in him that communicated, or gave it, in whom we live, move and have our being: no otherwise mans spirit (or life) returneth to God that gave it: he taketh away the breath and the creatures dye, and returne to their dust, Psal. 104.29. for the life of man is even a vapour that appeareth for a little time, and then vanisheth away. Jam. 4.14.

Object. 11. And they stoned Steven, calling upon God, and saying, Lord Jesus receive my Spirit. Act. 7.59.

Answ. This is a commendation of his life or being into the hands of God, in whom with Christ our lives are hid, Col. 3.3. as a full assurance of his hope and faith in the Resurrection, that when Christ who is our life, should appeare, he also might appeare with him in glory: For God is not the God of the dead, but of the living: for all live unto him, Luke.20.38. And thus, and no otherwise, was his spirit commended, or returned to him that gave it, whose spirit goeth forth, and we are renewed, Psal. 104.30. answerable to that of the two Witnesses, into whom the spirit of life from God, after they had lien dead three dayes and an halfe, entered into them, and they stood upon their feet.

Object. 12. God breathed into his nostrils the breath of life. Gen. 2.7. Ergo man hath an immortal soul.

Answ. Then so is the soul of a Beast; for Solomon saith, their breath is all one, Eccl. 3.19. and David reckoning up the creatures, and man amongst them, saith indifferently of them all, God hideth his face, and they are troubled, he taketh away their breath, they dye, and returne to their dust, Psal. 104.29. and this is further amplified in Gen. 1.30. to every thing in the Earth wherein there is a living soul &c. and cap. 7.21.22. all flesh dyed, in whose nostrils was the breath of life: and Num. 31.28. all which make no difference betwixt them, but as the one dyeth, so dyeth the other, and man hath no preheminence above a beast: For what man is he that liveth, and shall not see death, or deliver his soul from the hand of the grave? Selah. Psal. 89.48.

Object. 13. And it came to passe the Beggar dyed, and was carried by Angels into Abrahams bosome &c. Luke 16. from the 22. to the end.

Answ. There was never such a man as Dives or Lazarus, or ever such a thing happened, no more then Jothams Trees did walke and talke. Jud. 9.8. but was a Parable, to prove, that nothing is more effectuall for conversion then the ordinary preaching of the Word by the ministration of the servants of God: Further, the consequence concerning the soul is but drawn from the literall sence, in which sence I shall deny it canonicall Scripture; for it makes in that sence more for bodies then the souls present being in Heaven or Hell, ver. 23.24. and maketh Abraham the Father of the Damned, ver. 24.25.27.30. and ver. 22. Dives dyed and was buried; and yet v. 23. he lift up his eyes being in torment, and seeth Abraham &c. and v. 25. he cryed for Lazarus to dip the tip of his finger to coole his tongue; which in the literall sence thus applycated, must needs be contradictory, unlesse his eyes, tongue, and Lazarus finger was not buried, or their souls had corporeall corpulent members, which to conceit is ridiculous: Therefore, from this place the Resurrection of the body before the day of judgment (even as soon as a man is buried) may better be proved, then such a present soularie enterance into Heaven or Hell.

Object. 14. By which also he went, and preached to them in prison.

Answ. [By which] that is, by that whereby he was quickened, or raised from the dead; his divine nature, the God-head; as the foregoing words (whereon the sence of those depend) doth evidence, ver. 18. Christ once suffered &c. death in the flesh, but quickened by the spirit, (ver. 19.) by which also he went &c. So that he went and preached by that, whereby he was quickened or raised: Therefore, the preaching, here meant, was not by that which was raised: but by that which did raise; which was ministerially, as the following words further evidence, shewing to whom he preached, even those which were disobedient in the dayes of Noah, on whom the long suffering of God waited while the Arke was a preparing: those were the spirits here meant, the wicked of those dayes, which are now in prison, that is, dead or imprisoned in the Elements. Here the grave or death is called a prison, as indeed it is, for therein all that dye are reserved in the chaines of death (the Elements) not to be delivered till Judgement Rev.20.13. according to Job. 3.18. there the prisoners rest together.

Object. 15. Therefore gloryfie God in your body, and in your spirit. 1 Cor. 6.20.

Answ. Before, he calleth the body the Temple of the holy Ghost, ver. 19. and ver. 15. the members of Christ; which needs must be the whole man, and not his bare carcase, for in death who can praise the Lord? in it can be no habitation for the holy Ghost, and therein were they to glorifie God: to make Christ the head of such members, were to make God, the God of the dead and not of the living: therefore, by body and spirit, is meant whole man, aiming at a thorough and perfect sanctification, as well in that which respecteth thought, [the spirit] as in that which respecteth action, [the body:] inwardly to glorifie God, as well as outwardly to flee fornication, &c.

Object. 16. I saw under the Altar the soules of them that were slaine for the word of God, &c. and they cried with a loud voyce, &c. Revel. 6.10.11.

Answ. They were such souls as lay under the Altar slaine, or sacrificed, or as ver. 11. hath it, were killed; these therefore being dead soules, or martyred Saints, their cry must be as the cry of the blood of Abel: And the like vision of dead Saints confirmes it, as Cap. 20. v. 4.5. And I saw the soules of them that were beheaded for the witnesse of Jesus, and they lived, and raigned with Christ a thousand yeares: but the rest of the dead lived not again till &c. whence it is plaine, that he beheld the Resurrection, or restoration of life unto dead soules, even of them that were beheaded, but the rest lay dead, or lived not again till &c.

Thus much of illegitimate Objections from Scripture: Now to the probation hereof from Procreation or Generation, and as near as I can to resolve all occurrent Objections thereon, that shall confront.

CHAP. VI.: Of procreation, how from thence this Mortallity is proved.

It is supposed (as I conceive) by none, that what naturally proceedeth from Man simply by the course of nature, can be immortall, but must first tast of mortality: And therefore there are two sorts of Opinions to maintaine this Heathenish Invention about the soul, whereon its immortality is grounded, which I shall chiefly encounter: the one, that it is created, and infused at the conception, and so only Gods work. The other, that it is concepted by the woman through the concurrence of the seed of both sexes, but not simply by the course of nature, but by the supernaturall and extraordinary assistance or efficacy of God in conception more then in other creatures: and so partly mans, and partly Gods work. But that I may utterly demolish the structure of this Invention, I shall turne up the foundation of each kind in its place: But first I shall speak a word or two in generall of Procreation it self.

That whole man is generated by man, observe: That as the whole Tree is potentially in the seed, and actually in time springeth from it: or as many graines of wheat are in one graine virtually, and perfectly actuall in time: so in the seed of mankind, is whole man potentially, and wholly actuall in time; or all Adams succession, which in time are propagated, were wholly in him, life and limbs, or as it is more common, soule and body. So that whatsoever in time is actuall by procreation, it was at first potentially wholly in its originall.

Further, Generatum sequitur naturam generantis (He begat a sonne in his own image, Gen. 5.3.) is not onely philosophically, but Theologically true, Mat. 7.16. Job. 4.14. Therefore, mortall Adam must beget mortall children in his owne likenesse, soule and body, except the soule was no part of his likenesse: For that which is immortall cannot generatively proceed from that which is mortall, as Christ saith, that which is borne of the flesh is (as it selfe is, corruptible, mutable) flesh, John 3.6. so then by this mortall flesh, cannot be generated an immortall spirit, or soule that can subsist by it selfe dissolved from the flesh; for if it should, in that act it should goe beyond it selfe, which is impossible; and thereby more should be done by man and woman in generation, then God did or could doe in the Creation; for he neither did, or could create any thing greater, purer, or more excellent of nature then himselfe, and such as could subsist without him: But if this doctrine be true, (as Woolner in his Originall of the soul averreth) fleshly man by a fleshly generation, or mixture of the seed of both Sexes doth beget or conceive something greater, purer, and more excellent then himselfe, an immortall substance, an Angelicall entitie, the Soule, that can subsist without the flesh by which it is; which is as fire without light, earth without heavinesse, grosnesse, &c. should be, by which they are: and further, the Effect to be prior dignitate, precedent to the Cause, as if a man because a creature, should be before his Creator: But if it be Replyed, that the soule is generated by the soule, as the body by the body. I Answer, then there must be He soules and She soules: for without Sexes is no generation.

But now to the first sort, who say it is by infusion, or as the saying is, Creando infunditur, & infundendo creatur.

To which I Answer, that in conception there is corruption or marring, according to the proverb, corruptio unius est generatio alterius: so that if it be by conceiving or creating infused, and by infusion concepted or created, that is as much to say, it is made in the marring, and mard in the making: or, infused in the marring, and mard in the infusion: whence followeth, that it is neither conceived, created, nor infused; neither made, nor mard: but must be, if it be, no man knowes what, or how; whether an Angel, a Beast, or a Monster, any thing, or nothing: Riddle me, riddle me what’s this? a Soule, a Soule! Creando infunditur, & infundendo creatur!

Secondly, if the Soule be a creature infused, then Christ did not take the whole manhood from the seed of the woman, but worse then a bare brutish body, a dead carcase: But Christ was made of the seed of the woman according to the flesh, Rom. 1.3. Act. 2.30. and was as we are, sinne excepted, Heb. 4.15. and this our Image he received wholly from the woman: Therefore receiving his whole humanitie from her, the soule can be no infused creature.

3. That which brake the Serpents head was Christs humanity: But the seed of the woman brake the Serpents head: Ergo.

4. If we consist of soule and body, and are not men without both, and receive not our soules from him, but are daily created: Then Adam is the father of no man. 2. Christ cannot be the Son of man, and so no Saviour, because thereby his manhood, constitutive part, even that which should make him man, could not be by the seed of the woman. 4. So a man is as much a father of fleas and lice, which receive their matter from him, as of his children. 5. Whereas God blessed man, and bid him, as the rest of the creatures in their kind, fill the Earth in his kind with men: then he commanded him to doe more then he had given him power for: And so to content nature, and supply her imbecility to obey, is forced to a daily creation. 6. Then God finished not the Creation in sixe dayes, but rested before hee had done creating.

Fourthly, If the soule be infused, it must be at the conception, or after the conception: if at the conception, then every abortive conception hath an immortall spirit in it, and must rise againe: If after, then there is growth before there is life, which is impossible; for the soule is made the vegetive as well as the motive, sensitive or rationall part: and if this immortall spirit be something else, then we are not conceived perfect men, and as we are conceived, so are we borne, trees, brutes, or I know not what, and afterwards are made men, if we be men at all: and so Infants that dye in the wombe, or in the birth are little better then trees, and worse then beasts.

Fiftly, if the soule be not generated with the body, but a creature infused into a dead body, for they say, the soule is forma formans that giveth life, and motion to the body: Then it is lawfull to be a Nigromancer: for Nigromancie is nothing but putting a spirit into a dead body, and so it is but an imitation of God, and God the onely Nigromancer, and all the men in the world but Nigromantick Apparitions, whose spirits when they have done the work for which they were put into the bodies, desert them, as other conjured Ghosts doe.

Sixtly, It is granted that the body considered meerly sensitive cannot sinne, and that the body is but an instrument, or as the pen in the band of a Writer, to the Soule, whereby it acts and moves: Therefore, if the Soule come immediately from God, or there be an immediate work of his in its production; then of necessity, that immortall thing, and not our mortall flesh, is Author of all sinne, and it onely prone to all sinne, and not the flesh, no more then a conduite though a meet instrument to convey water is the author, or fount of water, or prone to spring: And so Gods immediate hand is the cause of all sin, that man had better been without this soul; for it must needs be some damnable wicked spirit, or some Devil that God puts in him; for such as the fruit is, such must the tree be: but the fruit is damnably wicked: Therefore, the Soul must be some damnable wicked thing: No marvell then if Reprobates must needs sin and be damned, since God infuses such a malignant Soul, that councels them with Jobs wife to curse God and dye, yea such a one as wholy works out their condemnation: This is as if a man should break his horses legs and then knocke out his brains for halting. If it be said the soul comes pure from God, and it is the body that corrupteth it. I Answer, that this to excuse God one way, makes him like the tyrant Mezentius, that bound living men to dead bodyes, till the putrefaction and corruption of the stinking corps had killed them. Besides, the mind may sin without the Action of the body, but not the body without the mind, for a man may covet in his mind, and not act with his body, and yet sin; but if he do with his body, and not consent with his mind, he sinneth not: as for example, a man may accidentally and ignorantly kill a man by a blow, which was never intended or aimed at him, and yet he not guilty of murther: but if he intend it in his mind, though he never do it, he is guilty: Therefore the body may be made sinfull by the soul, but not the soul by the body.

Now to the other kind, who say, that this supernaturall work by nature, is effected by Gods speciall supernaturall assistance, operating or applicated to this naturall aptitude, in whose mutuall concurrence this immortall substance is concepted, and in conception united to the flesh, the whole in the whole, and the whole in every part.

To which I Answer, that there is no more speciall supernaturall efficiency from God in mans procreation then in other creatures, but that speciall gift or naturall instinct to every kind of creature given in the Creation to produce its kind, whether vegetative, sensitive, or rationall, Gen. 1.25. 1 Cor. 15.38. for the gift or blessing is all one and the same, and alike unto all according to their kinds, as appears, Gen. 1.22. God blessed the Fowles and Fish, saying, Be fruitfull and multiply, and fill the waters in the Seas, and let the Fowles multiply in the earth: And verse 28. the selfe same he speaks of man and woman, And God blessed them, and said unto them, Be fruitfull, and replenish the earth: and by this blessing, or Natures generall instinct equally unto all, men and all other creatures continue their multiplications and procreations: So that the Fowles, Fish, &c. have as great and speciall assistance as Man in their conceptions and procreations, equally mediate and naturall: Therefore if by Mans conception an Angelicall immortall Soul is producted, so likewise is there the like in other creatures. The result of all which is this, that as Fish, Birds, and Beasts each in their kind procreate their kind without any transcendency of nature: So man in his kind begets man, corruptible man begets nothing but what is corruptible, not halfe mortall, halfe immortall, halfe Angel, halfe man; but compleat man totally mortall: for through mortall organs immortality cannot be conveyed, or therein possibly reside.

If it be scrupled, that this destroyeth the hope of our faith. I Answer, It doth but remove it from a false principle to a true, from a deceitfull fancie to an infallible object, the Resurrection: For though I ascribe nothing actually to nature, but corruption; yet potentially I ascribe incorruption: as to the kernill of an Apple a Tree may not actually, yet potentially be ascribed: So I grant, that Nature produceth the Seed, to which when she hath done her elementary work, even all that shee can doe, and in all things transient finished her course, even from that corrupted seed Christ supernaturally raiseth an incorruptible body, 1 Cor. 15.36. Thou foole, that which thou sowest is not quickned, except it die, it is sowne in corruption, it is raised in incorruption; it is sowne a naturall body, it is raised a spirituall body: Therefore nothing of Man can be immortall, but what first hath seen corruption. So that, if that which is made the better and most excellent part of Man, without which he is NO MAN (as is held) titled the Soul, shall not see corruption, it shall not participate of the immortallity purchased by Christ, but must needs perish except there be Ens extra Deum, as that strange invented Entitie must needs be, and so consequently, NO MAN shall be saved: And as before it incur’d this Absurdity, that the Soules of the damned shall not perish, but stand as well as the Stative Angels: So by this, the Soules both of the righteous and wicked shall for ever cease, and never be immortallized at the Resurrection: And thence the denyall both of Resurrection, Condemnation, and Salvation, Heaven and Hell, God and Christ is inavoydable: After rusheth in the Epicurean Blasphemy, Let us eat, and drinke, for to morrow we die: And so, so many bellyes, so many Gods, and no other.

It is objected, That the rarenesse of conception argues a supernaturall immediate assistance essentiall, without which the soul cannot be.

Answ. That commeth by a naturall defect, and not by the withholding of Gods immediate hand, else he should have a speciall and immediate hand in Adultery: And so Whoremongers and Adulterers sets God a work to create Souls for their Bastards, which is to make God a slave to their lusts.

Further, it is objected, That God hath from eternity decreed concerning man above all creatures, both who should come into the world, and at what time: Therefore, accordingly he must have a work in mans conception above other creatures.

Answ. No such thing followeth, for time and number may be appoynted, and yet the due course of nature proceed, as well without as with an immediate assistance, towards man in his kind, as in Beasts in their kind.

Moreover, Woolner in his Treatise on the Soul pag. 115. saith, That the more spirituall parts, and chiefly the Soul is (but partly mediately, partly immediately) conceived at the first instant, or union of the seed of both Sexes: For by it (pag. 127. he saith,) the corporeall parts are prepared and perfected: Therefore, it must of necessity be at the first instant, or else no conception: And pag. 129. That all Soules, as well of Beasts, as of men are essentially as perfect at the first instant of conception as ever afterwards, And pag. 97. he saith, The Soul can live without the body, and cannot be corrupted by it.

Answ. That then it followeth, If a woman miscarry immediately after that very instant, that the Soul of that Effluction or unshapen deformed peece of congealed blood being immortal, must needs continue its immortality, and that Effluction as well as perfect bodies, shall be raised againe, for if degrees of corporall perfection hinder, then those that are borne imperfect, as without legs, arms, or hands, or any other member, as divers are, they shall never be raised and so out of the compasse of Christs and though it should be granted, that Christs death is denyed an Embrio, yet that soules immortality cannot be nullified, for immortality once begun, must never have an end, and he saith, it cannot suffer with the flesh: therefore, if not with the whole masse of mans corpulency growne to its full perfection, much lesse with an Embrio, that is ten times lesse imperfect and invalid; for he saith, it is as perfect at the first instant as ever afterwards: therefore, it must be saved or damned (if there be any for others) but no man knowes how or which way, except it can be proved, Christ dyed for bare soules, soules without bodies, which will puzzle the cunningest soule that ever was made in the marring, and mard in the making.

Further it is objected, Creatures propagated out of kind, as by buggery; as, Apes, Satyres, &c. are supposed, are not endowed with reasonable soules: Ergo, soules are created immediately, or however of necessity, Gods superficient power is joyned to the propagation thereof.

Answ. As I will not altogether confidently affirme they have rationall soules, so will I not altogether deny it: For in Man it is some organicall deficiency more or lesse, that is the cause, that some men are lesse rationall then others; for some have abundance of wisdome, and some are meere fooles: and in children, whose Organs are not come to perfection, there is not so much as there is in an Ape: This premised, why in some measure as far as by those improper Organs can be expressed, may they not be rationall, though not in the same degree as is capable of God, as well as Infants who are as uncapable pro tempore as Apes? But perchance, it will be replyed, that then Christ dyed for Apes, as well as for Infants. I Answer, Christ dyed not for the rationall part separated from the materiall, nor the materiall from the rationall, if there should be such buggery births, or if by that unnaturall course they should meet in one, (which is impossible, for the blessing of procreating any thing in its kind, is to the kind) for that neither, but for the naturall production by the conjunction of both Sexes legitimate from Adam, and not such unnaturall by-blowes: As for births out of kind, they come within the compasse of the Curse, and cannot any wayes claim priviledge in the Restoration, but must expect with Thornes, Bryars, and all manner of Vermin, and Filth which breedeth on corruption, to be done away, when mortality is swallowed up of life. For all other Creatures as well as Man shall be raised and delivered from death at the Resurrection: my Reasons and grounds for it be these. First, that otherwise the curse in Adam would extend further then the blessing in Christ, contrary to the Scriptures: For as in Adam all dye, even so in Christ shall all be made alive. 1 Cor. 15.22. For the wages of sinne is death, but the gift of God is eternall life through Jesus Christ our Lord, Rom. 6.23. Therefore, Death comming upon all the Creatures by the sinne of Adam, no death being before sinne, life shall come upon all by Christ. Secondly, the beasts were not given Man to eate in the Innocencie, but to all flesh wherein was the breath of life, was given the greene herbe for meat: Therefore, the death of the beasts, &c. was part of the Curse, and so to be done away by Christ. Thirdly, if the other Creatures doe not rise againe, then Christ shall not conquer Death, but when it is said, O Death where is thy sting, O grave where is thy victory? it will be answered in Beasts, because they are still captivated under its bondage: But as by one man death entered into the world, Ro. 5.12. and by man came death, by man shal come resurrection from death, and the last Enemy that shall be destroyed is death, and death shall be swallowed up in victory, 1 Cor. 15.21.54. Therefore death shall not retaine them, but they must be delivered out of its jawes. Fourthly, those ensuing Scriptures doe clearly prove it: Col. 1.15. to the 23. All things were created by him and for him, whether they be things in Earth, or things in Heaven: and be not removed away from the hope of the Gospel, which ye have heard, and which was preached to every creature under heaven: And Mar. 16.15. Go ye into all the world, & preach the Gospel to every creature: that is, Glad tydings, life and Resurrection from the bondage of corruption to every Creature by Christ: therefore, is he said to be the First borne of every Creature, the First that’s borne, or raised from the Dead: so that those whereof he is the First, must follow, that is every creature, else could he not be the First borne from the Dead of them all. And Rev. 21.5. after the dissolution of all things he saith, Behold, I make all things New: And Psa. 104. David reckoning up Men, Cattel &c. saith, thou takest away their breath, and they dye, thou sendest forth thy spirit, and renewest the face of the earth: and Psal. 102. speaking of the Heavens, saith, as a vesture shalt thou change them, and they shall be changed: and Isa. saith, in the New earth the Wolf and the Lamb shall feed together, and the Lion shall eat straw like a Bullock: and Paul saith, Rom. 8.19.20.21. The expectation of the creature waiteth for the manifestation of the sons of God: for the creature was made subject to vanity, not willingly, but by reason of him who hath subjected the same in hope: because the Creature it selfe also shall be delivered from the bondage of corruption, into the glorious liberty of the children of God: For we know that the whole Creation groaneth, and traveleth in Paine till now. Therefore the Gospel or Glad Tydings is unto all, all are under hope, and all things, men, beasts, &c. shall be made new, or restored at the Resurrection, and so Death shall be swallowed up in victory, and mortallity of life, or Death having given up her dead, shall be cast into the Lake, Rev. 20.13.15. Thus much by the by: Now to our matter in hand.

But be it granted, that those births are not endowed with reasonable soules, yet doth it not follow, that God createth immediately the soule, or immediately assisteth nature in its production more then the body: for this is an instance out of kind, therefore cannot expect the blessing of the kind, but be as it selfe is, unnaturall and cursed: for to the kind is required Sexes of the kind, and thereto God hath given the blessing to beget its kind, as well for man to beget perfect man, as for the beasts to beget perfect beasts; so that whatsoever is borne of man naturally, is man, though one be ennobled with more excellencies then another. A borne Foole would have been a better instance; for if to them rationall Soules were denyed, it might be thought, Nature naturally begetteth meere irrationall, brutish, inhumane bodies, and rationality, or humanity is a meer supernaturall work. To prevent such a cavill, I Answer, that by the Soularies ground there can be no borne fooles, Infants new borne, yea an Embrio should be as actually rationall as men of ripenesse of yeares; for they say, the soul is rationality it self, and that rationality is no more of the body, then inke is from the pen, and the soul is absolutely perfect at the first instant, yea it is forma formans: therefore, naturam expellas, furca licet usque recurres; it is made action, which cannot but appeare, for all action is apparant, and they say it is an immortall spirit, therefore cannot cease, and if not cease, it must shew it self: Now why are not Infants then as rationall as others? nay, let me ask one Question, If this endlesse soul be forma formans, the maker of our bodys, why have we not endlesse bodyes? for omne tale generat tale, every like brings forth its like; so then, if one be immortall the other must be immortall. Secondly, I Answer, that though some are fooles from their birth, yet it doth not follow, that Gods immediate hand is required to mans procreation, but rather the contrary: for imperfections in a thing argue the mediate generation thereof; because no imperfection of any kind can come immediately from the hand of God: imperfections are accidentall, or from the curse: therefore not of creation, but of procreation.

Now seeing all this while we have had to do with this immortall Soul, we cannot find, or the Soularies tell what it is, such likewise is its residence; for if we ask where it is? they flap us i’th mouth with a Ridle, tota in toto, & tota in qualibet parte, the whole in the whole, and the whole in every part: that is, the whole immortall Soul in the whole body, and the whole Soul wholy in every part of the body. To which I Answer, that this extends immortality or impossibility of death to the body: for if immortality be in every part, then no part of man from the crown of the head to the sole of the foot can be excepted; so we are all Soul all over, and every part a whole Soul immortall: So that it must either be held to be ubiquitory, which is an Attribute peculiar to God; or else multiplicable by a corpulent division: and so, were a man minced into Atomes, cut into innumerable bits, there would be so many innumerable whole Souls, else could it not be wholy in every part.

Monstrum horrendum, ingens; cui quot sunt corpore crines, Tot vigiles Animae supter, mirabile dictu! And thus the Ridle is unfolded.

CHAP. VII.: Testimonies of Scripture to prove that whole man is generated, and propagated by Nature.

That this is true secundum acturn naturæ, observe the sence of those ensewing Scriptures: viz.

Gen. 1.17.18. compared with the 22.ver. where man and beast have an equall blessing and charge to propagate their like.

Eccl. 3.19. There is no distinction betwixt them, &c.

Gen. 17.7. I will be thy God, and the God of thy seed after thee. Here by seed must be meant persons and not bare carcasses: else he had been the God of dead clots, and not of living soules.

Gen. 46.26. All the souls that came with Jacob into Egypt which came out of his loynes, &c.

Job. 31.15. Did not he that made me in the wombe make him? and did not one fashion us in the wombe? Ergo, if his soul were immediately created, so was his body; for he, that is, his Entite, person, even all that went to make him man was formed and shapen in the. womb, both Epithites for procreation and not for creation.

Job. 10.10.11.12. Hast thou not poured me out as milke, and curdled me like cheese? thou hast clothed me with skin and flesh, and hast fenced me with bones and sinnues, thou hast granted me life and favour, and thy visitation hath preserved my spirit. Here Job sets forth exactly the manner of mans procreation, from the act of generation even to his breathing: First, poured out as milke, that is, the seminary evacuation of both Sexes in conjunction: then curdled me like cheese; that is the changing of that to a grosser matter, congealed blood: then clothed me with flesh and skin: that is, the incarnation of that condensed blood: then fenced me with bones and sinnues; that is, that carnate matter was formed into humane shape, and grew into members: then grantedst me life: that is, began to breath: whence observe, that in ascribing the whole work to God, he doth ascribe it to one kind only, and not partly mediate, partly immediate; for he ascribeth even the evacuation of seed in carnall copulation, and the conception of flesh and bones in as high a measure, (yea, to take away all cavil rather a greater,) as he doth his life; poured, clothed, and fenced imply a more absolute act then granting, which is but a sufferance, permission, or assenting: therefore, his conception was meerly and wholy naturall: according to that of David, Psal. 51.5. Behold, I was shapen in iniquity, and in sin did my mother conceive me. And to this adde that of Zach. 12.1. The Lord formeth the spirit of man within him. Whence it is clear, that whole man flesh and spirit is a second act, formed in the wombe; otherwise flesh as well as spirit must be created, which all deny.

Gen. 5.3. Adam begat a son in his own likenesse.

Psal. 139.15.16. My substance was not hid from thee, when I was made in a secret place, and curiously wrought in the lowest parts of the Earth: thine eyes did see my masse: yet being imperfect, and in thy book all my members were written, which in continuance were fashioned, when as yet was none of them: whence is evident, that his whole Person was an act of nature in his mothers wombe or secret place; what of him was in the Book of Gods providence, he declareth, was made (not created) in a secret place, to wit, his substance or Masse, all that went to the subject man, and I hope the Soularies will not blot his Soul out of the Book of Gods providence, or say it was no part of him.

Luke 1.31. Thou shalt conceive in thy wombe and bring forth a son: whence observe, that what she was to bring forth, she was to conceive, to wit a son; and none will deny, Christ was borne compleat man, in all things as we are, sin excepted: And if any scruple arise from Rom. 1.3. He was made of the seed of David according to the flesh, I Answer. That it is a distinction of his manhood from his godhead, as all Interpreters agree.

Gen. 4.1. She conceived and bare Cain: see the like cap. 38.3.4.5. Judg. 13.3.5.7. And Job 3.3. There is a man child conceived. And Gen. 17.6. And Kings shall come out of thee. ver. 20. twelve Princes shall he beget. And Judg. 8.30. Gideon had 70. Sons out of his body begotten. And Num. 5. Then she shall be free, and shall conceive seed. and Heb. 11.11. compared with Gen. 17.8. and such like, plainly shew mans procreation wholy naturall.

Joh. 3.6. That which is borne of the flesh, is flesh; and that which is borne of the spirit, is spirit: Here is the naturall birth by nature, and the spirituall birth by grace declared each in his kind, the one a meer naturall, the other a supernaturall work: It is therefore inavoydably true, otherwise the Soul cannot be saved; for what is not borne again cannot be saved, as the immediate words testifie, except a man be borne again, he cannot enter into the Kingdom of God: So then, the soul as well as the body is born, that is, proceeds from the flesh, except we be born without it: Wherefore, they are no more twaine, but one flesh.

Thus having found Mans Foundation to be wholy in the Dust, from thence taken, and thither to returne: Let this then be the use of all: That man hath not wherewith at all to boast no more then of dirt under his feet, but is provoked wholy out of himself, to cast himself wholy on Jesus Christ with whom in God our lives are hid, that when he who is our life shall appeare, he might also with him appeare in glory, to whom be the honour of our immortality for ever, and for ever.

Amen.

FINIS.

T.35 (2.3) Henry Robinson, Liberty of Conscience (24 March 1644).

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T.35 [1644.03.24] (2.3) Henry Robinson, Liberty of Conscience: Or the Sole means to obtaine Peace and Truth (24 March 1644).

Full title

Henry Robinson, Liberty of Conscience: Or the Sole means to obtaine Peace and Truth. Not onely reconciling His majesty with His Subjects, but all Christian States and princes to one another, with the freest passage for the Gospel. Very seasonable and necessary in these distracted times, when most men are weary of War, and cannot finde the way to Peace.
Printed in the Yeare 1643.

The pamphlet contains the following parts:

  1. To every Christian Reader that seeks Truth as well as Peace
  2. Liberty of Conscience: Or, The only means to obtain Peace and Truth
Estimated date of publication

24 March 1644

Thomason Tracts Catalog information

TT1, p. 316; Thomason E. 39. (1.)

Editor’s Introduction

(Placeholder: Text will be added later.)

Text of Pamphlet

To every Christian Reader that seeks Truth as well as Peace.

Beloved in Christ Jesus:

LEt not the seeming noveltie of opinions deter thee from searching out the Truth, and be assured that Gods people, as well as worldlings have their times to fish in troubled waters; wherefore before thou proceed on with this Discourse, promise me, I beseech thee, to read it out; and if thou then repent thee of thy paines, let me but know so much, and I shall willingly take upon me a double penance for thy satisfaction and amends.

I am not ignorant that the lawfulnesse of newtrality is much controverted both in policie and conscience, but men of moderation which endeavour to qualifie or decline the precipice of extreams, ought not to be accounted newtralls or luke-warme: Such then (as I presume) will no more be of opinion, that all on the Kings side are Papists or Popishly affected, then that all on the Parliaments are Brownists, Anabaptists, or thereunto inclined; nor all that are at Oxford enemies of God and godly men, or all at London to take up Arms only for good of either; but that there are on both sides great numbers, though not equall, which wish sincerely and mean well, notwithstanding there may have been many weaknesses, infirmities & errours expressed by them; for, the presence and influence of both the Armies I conceive but much alike conducing to make the people really good or bad, though they must outwardly comply with both, so long as they are neare them and have any thing to lose, and do not yet perceive, but that such Members of the Lords and Commons House, are much the same, notwithstanding their passing to and fro between London and Oxford.

But the London Pamphlets querie, whether Papists are likely to settle the Protestant Religion? And Aulicus seeming no lesse scrupulous, askes whether Brownists or Anabaptists will? But if a third should resolve them both, and say, that the Protestant Religion hath not been in England these eighty years, he might run the hazard to be thought a libeller, and yet it may chance be found so, if we examine what it is, whence it came, whether it be not confined amongst the Lutherans, and how much we differ from it, though we still retain the name: But what matters it, whether we be called Protestants or otherwise? or is truth and propriety the worse, because we endeavour, or attaine them by the helpe of Papists and of Brownists? or may not Papists and Brownists as lawfully serve their King and Countrey, as those thundering legions of Primitive Christians did the Heathen Emperours? The King saies he took up defensive Arms; and both Houses of Parliament averre that they did so: The Parliament party fear that if the King prevail, though his Majesty himselfe be not Popishly affected, the Bishops would be established, and by their jurisdiction, suppresse all such as did not conforme both to their discipline and doctrine: On the other side, the Kings party is in as great a fear, that if the Parliaments side should get the upper hand, though they do not establish Brownisme or Anabaptisme, yet they would settle a Presbytery, which may as much abridge them the Liberty of Conscience, as they themselves have been abridged under Episcopacie heretofore; in which respect, each party for the present, pretends to grant such a liberty as shall be sutable and complying with tender consciences, but neither dare yeeld unto, or trust the other: In such a case as this, is there no remedy? Hath God left us quite destitute of meanes to stop so great a gap to prevent the totall ruine and desolation of three Nations, not without the greatest scandall and offence which ever befell the Reformed Protestant Religion? The feare is equall and extream on both sides, though either of them is like enough to say, the others fear is but imaginary, yet both of them, since they say so, and cannot be disproved, are to be treated and proceeded with, alike: To this the King addes, and saies, that besides sundry demonstrations of His grace and favour, I have granted a perpetuall Parliament, and if ever that should have an end, they have still a trienniall Parliament to perpetuity, which of themselves only transcend all the grants that ever my Predecessours made unto their Subjects: and notwithstanding all this, they attempt my life, and take away my Revenues, Royalty, and Religion too, if it were possible: On the contrary, the two Houses of Parliament in their severall Remonstrances have informed his Majesty, how through predominancie of evill counsellours the Subjects liberties have had severall great breaches made upon them, innovations of Doctrine and Discipline in their Religion, and they are really and totally possessed, that by the same, and such like evill counsellours which are likely to succeed, their whole priviledges and propriety will be forced from them, and the profession of the true Protestant Religion utterly abolished; assuring his Majesty notwithstanding, that if he will be pleased to returne unto his great Councell, cause delinquents to be brought to triall, and settle the Militia of the Kingdome in such persons as both Houses may confide in, there shall be no failing on their parts to make him a glorious Prince, beloved at home, feared abroad, and enlarge his Revenues beyond all his Predecessours; but not finding how to qualifie the diffidence which each hath of the other, both sides have strengthned themselves, brought severall Armies into the field, fought some pitcht battells, and had so many skirmishes and encounters, as, besides the firing of whole Townes, deflouring of Virgins, committing rapes, rapines, and a thousand other villanies, hath been the death perhaps of above a hundred thousand soules in England only, then which, what could possibly befall more offensive unto God, or damageable to the State? Surely both parties should be desirous of composing such a difference, which in so high a nature and degree, is totally destructive unto both? But alas! the jealousies are such, that neither dare well offer, or entertain a Treaty, lest the other should make advantage of it; & yet a King cannot be said to deal too great a measure of love unto his people, nor subjects to out-doe their duty unto their King; nor the sword be said or thought properly or justly to have a capacity and power of settling true Religion; or Christians of all ranks and conditions whatsoever, more glorifie the King of Kings, then in renouncing all earthly interests and advantages, rather then his great Name should be evill spoken of, or the bloud of his dearest Saints to be spilt upon the ground, and yet we cannot possibly imagine, without the greatest scandall of our owne charity, and offence unto the weaker brethren, but that some of them have already dyed on either side, God of his infinite mercy direct them both, that neither of them come short or be found guilty in either.

Another of the London queries is, Whether if Religion, and the State be in imminent danger of an Oxford party, both Houses of Parliament, and so great a portion as adheres unto them, may not defend themselves by Armes? and since Aulicus seems to be as much afraid that both Religion, Laws, and Priviledges of Parliament are equally endangered by the London Apprentices, and those that went to Westminster, some will thinke it best to answer both in one, and say, necessity hath no law, it is above all law, and though there be neither Act of Parliament, Ordinance of both Houses, or so much as a bare order of either, necessity will notwithstanding sufficiently warrant & instruct the people, as certainly and lawfully, though not so readily, to defend themselves from ruine and destruction; grant then that the danger be imminent, the necessity is implied therein, and all the rest will follow: This is a truth, though such a one as must be justly ballanced, and tenderly made use of; it is no doctrine of libertinisme, though libertines should abuse it, and for a curbe to such as would flie out on either side: If all fortifications throughout the Kingdome were once demolished, it would be to little purpose for a King to require more of the Subjects then the Laws permit, and they had willingnesse to performe; or for the representatives to engage the Kingdome farther then they that chose them, shall unanimously approve thereof: And since the strength and power is naturally in the people, as God doubtlesse allowes thereof, that they might have a possibility to shelter themselves against the extremities of tyranny in what government soever; so will none truly conscientious, easily take occasion hereby to deny subjection to the Powers: It is not sufficient to say there is imminent danger and necessity, both God and man must see it is so, and unlesse we be both wise & conscientious in the mangage of it, slanders by and others, the Saints of all neighbouring States and Nations will judge otherwise thereof hereafter, what ever we our selves declare therein at present: what would the King or Parliament gaine thereby, if either of them did prevaile by sword? in such case the conquered party must be still kept under by a martiall law and power, which would so long continue grievous to them both, untill the whole Kingdome be weary of it, and joyntly agree to cast the yoke from off them; so that unlesse the conditions be free, just and equall in apprehension of them both, Prerogative continued unto the King, Priviledges to both Houses of Parliament, and Liberties unto the Subject, we cannot expect a during peace, much lesse a Reformation of what is amisse either in Civill or Ecclesiasticall affaires, nor Gods blessing upon any of them.

Having thus heard what is alledged, and tryed and prepared our consciences on both sides let us thinke upon a Treaty, and rather then be without it, the wars may still be prosecuted, as if there were no Treaty? And because it may seem that the King and Parliament doe not confide in one another, I wish with all meeknesse and submission that they may both consider whether it is not necessary that some such middle way be thought on, as neither of them remaine at the meer power and mercy of the other, and yet it would not be good to divide the Kingdom again into a Heptarchie, or more, or fewer portions, but if it should be thought fitting towards the compassing a speedier disbanding of the Souldiers and demolishing all Inland works, whereby the Countrey is not only plundered of what they have at present, but absolutely discouraged to till the ground, and nourish cattell, lest both stocke and fruit be taken from them afterwards; that in this interim only, each of them may have a rationall security and safeguard against the others attempt, whilest the bloud which hath been so long boyling, be growne cold againe, and every one of us better fitted and disposed to imbrace each other more cordially, that in such case, and for such purpose only, certaine garrisons for a short time may still remaine in some of the Sea-Ports as both King and Parliament shall approve of.

For more facilitating of so good a worke, give me leave to premise these few things: 1. That the King being but one, cannot possibly overmatch the Subjects, unlesse they will themselves, and therefore the Houses of Parliament may with lesse danger treat him more like a King. 2. The King being sole disposer of his owne, may better resolve to forgoe the present enjoyment of some small part thereof a while, when He shall finde that God will trie Him, in calling for it to purchase His owne peace, and three Kingdomes welfare, which both Houses cannot comply in, unlesse the major part be willing. 3. Though the generall good of all his Subjects ought rather to oversway a King, then all his owne interests in the Kingdome, yet since it is more harsh to Royall flesh and bloud (borne to rule and governe others) to renounce their owne just rights, much more to deliver up unto the adverse party, all such as have adhered to Him; so may the Parliament expresse much Noblenesse and Wisdome in being tender of pressing Him with so great a tryall. 4. That though either side conceive the Propositions which shall be made unequall, and little hopes of bettering them for the present; yet I presume the difference will not be so great, but both of them may expect security therein at time of need; and in case either side should take advantage, and break out again, a good cause and conscience with a lesse Army, may more hopefully expect assistance from God to overcome a greater. 5. If Armes being laid downe on both sides, the King through importunity of evill counsellours should refuse to passe any other Acts for redresse of sundry grievances which the Subjects yet lye under, both Houses have the same liberty to withold their consent in such other Acts as were for the Kings advantage, and I humbly propound whether it may not appeare upon enquiry, that (concerning civill interests) the Subjects, for the present, stand in lesse need of new Acts to be passed in their favour then the King does of Subsidies, His Majesty being no little indebted, His charge so much encreased, and His revenue lessened. 6. If evill Counsellers or Courtiers should returne againe to innovate either in Church or State, they cannot have the boldnesse or power to worke such mischiefe, but a trieniall Parliament will easily be able to make them weary of it. And lastly, That it cannot be for the good of King and People, that the three estates in Parliament, though Armes were quite laid downe, should stand severely upon the priviledge of their negative respective voyces, but necessarily must comply with one another to make their mutuall happinesse compleat.

And because I am verily perswaded that one great reason which moved God to permit these Kingdomes to be thus divided, and engaged in a civill War, was the generall obstinacie and aversenesse of most men of all ranks and qualities in each Nation, to tollerate, and beare with tender consciences, and different opinions of their brethren, unlesse they were thereunto so far necessitated, that without it, there must inevitably ensue on both sides a totall ruine and destruction, which is full neare, the present wofull condition that all three, so lately flourishing Kingdomes, are now plunged into, God of his great mercy vouchsafe effectually to shew them their deliverance: in this respect, as also in that I cannot thinke, that God hath suffered so much bloudshed, either to establish the Kings Prerogative, or the Priviledge of Parliament only, but that He hath yet a far greater worke of his own to bring about, I humbly conceive that Liberty of Conscience may deservedly require to be first treated on, what, and how far forth it may and ought to be permitted; which being throughly debated, and agreed on by both sides as the first Article, to be forthwith ratified by the three estates in Parliament, all the rest will doubtlesse follow more willingly and sweetly.

If a man will raile against the high Commission Court, or in a seditious manner revile Episcopacie or Presbytery, he shall not want multitudes to countenance and cry him up, but such as in a Christian way, goe about with meeknesse to discover, and desire the spring head may be reformed, the unwarrantable power of both witheld, from whence the spirituall wickednesses arise, and without which, though we should chance be eased a while by change, upon the abolishing of Prelacie, yet the milde and gentle interregnum, would prove so much more cruell to us afterwards, when a succeeding government, having the selfe same corrupting principles with Episcopacie, and knowing its own strength, shall, contrary to Pauls doctrine, 2 Cor. 1. 24. assume againe the dominion of our consciences, after we had tasted the sweetnesse of Christian liberty, and slattered our selves with the continuance of it; such I say, may run the hazard to be accounted presumptuous, turbulent, or innovaters, so dim sighted are most men in the mystery of godlinesse, and so inclinable to be transported with carnall wisdome and security: It is not the imperiousnesse of Episcopacie, Presbytery, or a Classis in what degree of comparison soever they shall ranke themselves, which can scourge men into a spirituall Temple fit for the Holy Ghost to dwell in, no meanes so much conducing thereunto as a fatherly reproving, a brotherly admonishing, and a most patheticall beseeching one another, like that of St. Paul the aged, Philem. 9. in the bowels and tenderest compassion of Jesus Christ, which how seldome it hath been practised by either of them in respect of what they ought, and how little fruit we see thereof, I desire no wayes to aggravate, but mention only, (God is my record) not so much for their sorrow, as amendment, having just cause to pray that I may finde repentance for my share thereof, which is not with the least.

Let both the Oxford and London party consider duly, whether to be persecuted be not a signe of the true Church, since Paul saies, 2 Tim. 3. 12. All that will live godly must suffer persecution, and consequently though we had not one word more in all the Bible to this purpose, whether that government be not likeliest to be such as Christ intended to rule his people by, whom he calls his Sheep his Lambes, Joh. 21. 15. 16. no creatures of prey, which most respects, and bears with tender consciences? and since all governments may degenerate into tyranny, though for the present, all things were settled according to either of their desires, whether notwithstanding they ought not to wish, and even in meer policie endeavour that there might be a tolleration of weake consciences, lest through the vicissitude and wheeling about of time, their owne consciences might come againe to be oppressed hereafter: for Salomon saies, Ec. 1. 9. There is no new thing under the sun, and the thing which hath been, is that which shall be done againe hereafter: and the generall applause and confidence which Episcopacie had so lately of its owne strength in this Kingdome, should be a warning for all other governments not to subject themselves through presumption of their power and party unto the like downfall and destruction: and such as have either felt or understood the spirituall bondage which this Kingdome hath twice suffered in time of Popery and Prelacie by reason of their coercive jurisdiction, unlesse they be both earnest with God and man, that the same be not given unto any other government, will bring upon their owne soules, the miscarriage of all such as perish through the tyranny which it will infallibly fall into and exercise hereafter; it was not their Popery or Prelacie (that was to themselves) which so much oppressed us, as their power, otherwise, the persons of such which still remained in the same Popish and Prelaticall opinions, ought to have been rather proceeded against, and not that power to be arraigned and condemned both of spirituall and corporall rape and murder in Prelacie, which was so soone after to be again enthroned in Presbytery: I humbly querie what it might be that moved both Houses of Parliament to vote and prepare a Bill against Episcopacie, or that prevailed with the Estates of Scotland to declare it Antichristian; if it were only an abusing of such power as was given to the Church, and might possibly have been well imployed, then may a Reformation or punishing of such Bishops as abused it, redresse our grievances, and the government still remaine established; but if it were the great Diana, Act. 19. 24, 28. that strumpet and Idol which is common to them all, that plenepotentiary jurisdiction to administer or passe sentence against their brethren in person or estate, by vertue of a coercive discipline and dominion, how can it safely be given unto any other government, since that both Popular and Aristocraticall with all others, are as infallibly, though not equally subject to tyrannize, as the Papall or Episcopall? And Whereas it is said that Presbytery disclaimes coercive power to be in the Church, but about it only to be imployed by the Civill Magistrate in behalfe and benefit of the Church, I would faine be informed, whether the Civill Magistrate be Judge when it is fitting to imploy such power for behoofe of the Church; and if he be, whether then the Civill Magistrate be not above the Church, and every member and the whole Church lyable to correction though they offend not in their owne opinions; and if the Civill Magistrate may not move therein untill the Church or Presbytery require, whether such may not be said the Churches using of the Civill sword in a more superlative and sovereigne way, little differing from what they practise in the Papacie, which is first to degrade and disrobe all Ecclesiasticall persons, and so deliver up, both them and all others that shall be found guilty unto the Civill Magistrate, which may not refuse to see the execution done.

And because it may be objected that many places of Scripture herein alledged, may as well seem to speake for a tolleration of Popery, and my selfe therein to plead for it, let such be pleased to rest satisfied, that though I cannot for the present make full discovery in the word of God, why, or how Papists should be forced by fines and other penalties to be of our Religion, yet I take not upon me to be spokesman for a tolleration of theirs, by reason of their Idolatry; but my humble desires are prostrated unto the King and Parliament that all other Christians who are now reproached under the name of Puritans, Separatists or Nonconformists of what kind soever, who are so far from being suspected, that they must needs be acknowledged the greatest enemies to Idolatry, may enjoy such peace and freedome, as will permit them to keep alwayes a good conscience both before God and man, Act. 24. 16. And that they would vouchsafe, out of the love they beare to Gods Cause and People, to take into further consideration, that if as Reformed Protestants, we may not suffer Papists and Turks to make profession of their Religion amongst us, in a qualified and more moderate manner, as in some parts of Germany, where they have Churches, but are not permitted their publicke Processions, or open exposing of the Sacrament, as they call it, which no Protestants can walke the streets about, without being subject to be scandalized thereat, how far, in such case, it may be found agreeable to the Word of God, for Protestants to transplant themselves by Colonies, or as particular Marchants to goe and live in Turky, or in Italy and Spaine especially, where, though they were not troubled with the Inquisition, though they were not forced to Church, which they frequent notwithstanding to prevent the danger of it, though they might enjoy their owne Religion quietly, whether they may for this respect live in Italy and Spaine, where they cannot chuse but see (and must likewise seem to countenance by putting off of hats, setting out lights, adorning with pictures, hangings, or otherwise that part of their houses where the Procession passes, sometimes with corporall kneeling, and seldome without bowing) even at their owne windows, and in the streets as they walke about their businesse, the superstitious pageantrie of their wil-worship, and Idolatry, which is the condition of all our Merchants and Travellers that go amongst them.

And whereas many will not sticke to say, that such are luke-warme or of no Religion, who delude a tolleration of so many? I answer, That it is the freedome of their owne conscience which they desire, not to be indifferently of any Religion, or prophanely of none at all, but that they might enjoy alwayes peaceably that Religion, which they have examined and sound to be the true one, and not be subject to a change so often as the Civill State, or those of the highest Court shall please to vary; for since they are chosen anew so often as a Parliament is called, they may every time be of different, if not of opposite opinions and religions; and far more is it to be feared, that such will be found carelesse, if not negligent, in the choice of their Religion, as little troubling themselves to trie the spirits whether they be of God or no, 1 John 4. 1. or examine the opinions and doctrines which are taught, receive them currantly, what ever they be, so they come sealed and delivered by authority of State.

It hath more then once come into my thoughts, what might move the wisdome of God, to leave the Scriptures so liable to the diversities of interpretations, which in regard it favoured more of curiosity then edifying, I purposely forbore to ruminate thereon; however at the same instant, it came into my minde as not altogether impossible, that God might be so pleased, to make men more diligent and inquisitive to search after truth, and conscientious in imbracing it with fear and troubling, Phil. 2. 12. after which manner we are required to work out our salvation: In this respect, the very Law of Moses consisting in a dead letter, which the Divil himselfe could scarce controvert or pick a quarrell with, did not render the Jews so scrupulous and conscionable, as the Gospel doth Christians; and even amongst all those that professe Christianity, I conceive it may easily be observed, that such as study the variety of opinions, and trie the spirits out of a zeale to truth, choosing their Religion by their owne judgements, though erronious, are yet more jealous of Gods worship, and conscionable towards men. Shall men so far distrust themselves to feare they may be misted into a false religion or opinion, because they have liberty to make profession of the truth? or can a man be in a better condition then he can with himselfe to be? are we the more acceptable to God because we will not be of the true Religion, unlesse we be forced thereto? or are we the more excusable in being of the false; because we are willing to be compelled into it? is the tyranny of the body so grievous to us, and are we in love with spirituall bondage? To be of a Religion because it is countenanced by the law in that Countrey where thou livest, or because most men are of the same, is no good reason; it is not a hundred yeares since Popery was established by law in England, and may be so againe for all that we can tell, most part of Europe still being Papists: Dear Reader, search, examine thine owne heart, and consider whether it may not be found in the last day, that many men have taken up that Religion which was with most importunity thrust upon them, rather then they would take paines to make triall of it: Oh, but some will say it is presumption to be wiser then a Synod or a State; consider againe, I beseech thee in the feare of God, who is more arrogant and presumptuous, he that seeketh to enjoy his owne conscience peaceably, only admonishing and informing such as run erronious wayes with all humility and love, or those that imperiously, and will they nill they, constraine others to make profession of such opinions as they themselves are of? and yet there is no medium between an implicite faith, and that which a mans owne judgement and understanding leads him to.

But some will still object and say, what shall be done to those that are obstinately malignant, and maliciously perverse in their owne opinions? I answer, That as in the Parable it is said, If they bear not Moses and the Prophets, neither will they be perswaded, though one rose from the dead, Luke 16. 31. So if informing, exhorting, and such fair means, or others which are Scripture proofe, doe not prevaile with such as are led into false opinions, harsh and compulsive, or other which are unwarrantable cannot, and therefore to charge a man that he is wilfully blinde, and will not see the truth, if he submit himselfe to heare and read what shall be lawfully required of him in that behalfe, is the most uncivill, unreasonable, and unchristianlike offence that words know how to utter, and flatly against all reason, ordinary policie, & Scripture, to endeavour or think that the mysticall Body of our Saviour may possibly be built up after such a manner, as it should alwayes remaine in continuall fear and power of men to pull it downe againe; and though we should suppose, that this very man who is thus reproached, had yeelded and complied in whatsoever could have been expected from him, yet it was impossible for him to be in heart of this or that opinion, to beleeve this or that doctrine of truth, untill God had touched his heart, and called him thereunto, till when they ought still in meeknesse to instruct even those that oppose themselves, if God peradventure will give them repentance to the acknowledgement of truth, 2 Tim. 2. 25. as appears more largely in the following Discourses. We say that Church Papists are most dangerous, and hypocrites the worit of men, what ground have we then, or how can we excuse our provoking them to goe to Church, or tempting them to be such by so many severall waies? that may be lawfull to one who thinks so, which to another would be sin, because he doubts thereof: have we not learned that eating of meats only was sin in some good Christians, 1 Cor. 8. 10, 11. when others might freely eat thereof without any guiltinesse at all? how much more may the same case happen in points of discipline or doctrine, wherein the worship of God is more highly interessed and concerned.

I confesse my selfe much inferiour to the taske I have undertook, and should in no sort have presumed upon it, had I not apprehended my selfe to be called thereunto, through the silence of so many who were abundantly better qualified to undergoe it; however I doubt not but God will be so far forth pleased to second my weak endeavours, as sundry well disposed souls may be provoked to light their torches at these sparkles, and prosecute it with more advantages for this cause am I moved to make them publick, not for any private respect or interest of mine own, further then they are involved in the generall; for if at any time I stood in need of liberty and freedome in mine own particular, I am not such a stranger to forreigne Countries, both of severall climates and professions, but that I can finde the way thither againe to purchase my enlargement.

I know I have not observed the symmetrie and rules of Architecture in contriving so large a Portall for so small a Fabrick, however, before I take my leave, let me advertise thee, that I plead not against, but for liberty, and that the best of all liberties, the Liberty of Conscience; not for, but against imprisoning, fining, or formenting, of all others the most tyrannicall, for matters meerly of Religion; not for, but against the shedding bloud, Christian bloud, Protestant bloud of the most conscientious Christians, Gods dearest Saints, the Lords inheritance, for whose salvation only our Saviour shed his owne most precious bloud. Dear Reader, let but the thought hereof prevail with thee to demurre a little, and consider, whether this controversie, about liberty or bondage, life and death both temporall and spirituall, though heretofore seldome thought on, be not worth debating; Nulla unquam de morte hominis constatie longe: disclaime all carnall wisdome which knew not what to counsell thee; renounce thine owne self will and wishes, that foolishly have wished and willed so many things unduly, as had not God withold them from thee, must needs have been thy finall ruine: And now at last, fit and prepare thy minde to receive in such further light and truth, as the Blessed Spirit shall please to visit thee withall, and rest assured, that God who now stands looking out for such labourers, wil in some degree and measure according to thy readinesse, make thee an instrument of a sanctified peace and reformation, where with three Kingdomes are now in travell, to his owne glory, and thy eternall happinesse: Which God of his infinite goodnesse bestow upon thee, and all such as in sincerity seek Peace and Truth: Amen.

Besides mispointing, the Errata are many, and some of them very grosse, in which respect the Reader will doubtlesse finde the benefit thereof, if before he proceed any further he resolve to rectifie these that fellow, viz. Page 4. line 17. for perish, read persist. ibid. p. l. 35. take. p. 6. l. 13. ingenuous. ib. p. l. 38. Barbery p. 9. l. 12. many times. p. 10. l. 20 persist. p. 12. l. 22. whence. p. 14. l. 26. those. p. 18. l. 33. ingenuous. p. 20. l. 5. doubting. p. 22. l. 14. make. p. 24. l. 39. one on. p. 21 l. 32. expressely. ib. p. l. 4 1. these. p. 29. l. 3. cannot possibly. p. 30. l. 29. with. p. 32. l. 13. make. p. 33. l. 11. apprehended. p. 47. l. 15. from though he write, to the end of l. 17. must come in at l. 20. after Bez. p. 49. l. 22. extraordinarily ib. p. l. 29. us. ib. p. l. 38. principles. p. 50. l. 12. your. ib. p. l. 27. as is yet. p. 51. l. 41. rather than. p. 55. l. 20. have not. p. 56. l. 6. principles.

Liberty of Conscience: Or, The only means to obtain Peace and Truth.

THE Sword, Pestilence, and Famine, are the three most dreadfull scourges wherewith God uses to chastise a stubborne People; and although that Sinne be the only generall cause to pull downe vengeance, and God ordinarily makes use of naturall meanes to convey it upon us in what kinde soever; yet in the former, man appeares to be a more principall and immediate instrument, then in the two latter, and doubtlesse by Gods permission, hath a greater liberty and power to beginne, and put an end to it, which was the cause that the Sword onely hath destroyed far more without comparison, then Famine and pestilence together: wherefore when David found himselfe in a strait by the three propositions of Sword, Pestilence and Famina, which God made unto him as a punishment for numbring of the people, knowing full well the cruelties of man,1 Chron. 2. chose to fall into the hand of God, who therefore sent the Pestilence upon Israell, which in this respect besides others may justly be thought the more mercifull of all three, and by consequence of what was said, it will follow, that such as have the keeping of the Sword, with power to draw and put it up again, must be accountable for all the blondshed: Had Kings no other thornes about their Crownes, doubtlesse this one if duly thought on, would keep them circumspect and watchfull in every action, the least whereof, though insensibly, conduces somewhat towards Peace or Warfare.

Warres, and rumours of warres have ever beene, and are at present throughout the world; but since Princes became Christians, it may have been observed, how Christendome a spot of ground only, hath continually been the Cock-pit, & all the world besides but as a breathing place; however we ought not for this cause to be forward in justifying Wars the more, but rather make search and strict enquiry whence it comes to passe, that Christians are so plunged therein, since they of all other people can justifie it least.

I know there may be a just War, but what I am now to say, is meant only against that which is unjust, and so desire it may be understood, whereof I doe the more presume because no Warre but hath much evill as the effect thereof; and however for such as do begin a War, we may charitably conceive of both sides, that they apprehend it to be lawfull, yet if we examine standers by, and heare what all that are not interessed doe judge thereof, we shall finde them generally condemning both sides, though one perhaps in a greater measure than another.

St. Paul sayes, that covetousnesse is the root of all evill, and Warre which is the greatest of those evills, questionlesse was never yet without a coveting; however, because that neither coveting, nor such other motives as are the reall and originall causes of taking up of Armes, have not for the most part beene found, or thought sufficient to prevaile, or beare sway enough with all such as are to be required to contribute largely for the maintenance thereof; I say, it may most commonly be observed, that whatsoever were the reall, though more secret ground of War. Religion was still pretended to be the principall, or at least endeavoured to be made seem so far forth hazarded and engaged in the quarrell, that no man might adventure to call in question the lawfulnesse thereof, or seem backward in supplying without palpable scandall and suspition of luke-warmnesse in Religion: I need not bring examples for proofe hereof, every mans own acquaintance in Histories will furnish himselfe abundantly.

But in regard that Religion, though perhaps it seldome was the primary and sole cause of making War (in that I thinke few have been so conscientious, yet such as some Casuists conceive, were but a misgrounded conscience in respect of an offensive War) hath notwithstanding been, and still is the most powerfull meanes and stratagem to countenance and continue it, whereby that which ought to be most deare and sacred, becomes a pander to satisfie our lusts, the consideration whereof, the shedding so much Christian bloud, the obstructing of the Gospels propagation, the miserable devastation of whole Countries, with infinite perpetrating and multiplication of most enormous and execrable villanies, have moved me to consider with my selfe, which way Religion might be vindicated and redeemed from this abuse, the grand meanes of fomenting Wars discovered, the main jealousies prevented which Princes pretend to have of one another, or King and people amongst themselves, towards accommodation of the present Wars, and cutting off occasion from such as otherwise might spring up againe hereafter.

Whether Religion have been the reall cause of so much War in Christendome, or so pretended only, makes all one to what I have in hand, which is to prove in this Discourse, by Gods assistance, how a man ought not to be persecuted for conscience sake, as will appeare by the inconsistencie thereof with sundry Scriptures following, which being once concluded on, and put in practice, will make an open way for the free passage of the Gospel, quite cut off the greatest jealousies and feares which perplex the mindes of Princes, States and People, when they suppose or but alleadge an endangering of their Religion, and consequently the likeliest course of reducing all Christian Countries to peace amongst themselves, and friendly intercourse with one another.

St. Paul saith, You are bought with a price,1 Cor. 7. 2. 25, 24. be ye not the servants of men: this must be meant for matters of this world, or else of that which is to come; about subjection of the body in civill affaires, or subjection of the soule in spirituall; but it cannot be understood for matters of the body, or of this world, because it would then contradict other places of Scripture,Rom. 1. 3. 1. which command all to be subject unto higher Powers, servants to their masters,1 Pet. 7. 13. wives to their husbands, and the like; in which respect,Eph. 5. 21. 6. 5. as also from the coherence with the words aforegoing,1 Pet. 2. 8. it appeares necessarily to be understood, that we must not be subject concerning our Religion,Col. 3. 22. matters of conscience or touching the soule, to be of this or that Religion, because we are commanded by King or State, for though it be the true Religion which we professe, yet if we were forced to it, it will doe us little good, nor be ever a whit available, for God accepts only of willing service, such as we performe of our owne free election, not by compulsion.

Neither is the objection good,Object. that though men be forced into the true Religion at first without any liking of their owne, yet afterwards it falls out that such approve of it, and will not bee brought to change nor alter, which must needs be acceptable to God: For first,Answ. the compelling of a man to any thing against his owne conscience, especially in matters of faith, is a doing evill, which God forbids, that good may come of it,Rom. 3. 8. : 14. 23. and therefore we cannot expect that he should prosper, so bad a meanes to produce so good effect, as that people at first constrained to make profession of the true Religion, should afterwards prove sincere and true beleevers, by vertue of those coercive powers which were meerly unwarrantable and sinfull, but for such as doe so continue, it is to be attributed to some other meanes whereby they became convinced of the truth, or more secret call of God, which would in due time have found out, and brought them home into his sheepfold without the helpe of a tyranous inquisition.

This is more evident if we consider the multitudes of people and whole Nations which live and dye in the Religion they were borne, with equall constancie and security, though their faith and tenets be diametrically opposite to one another; and for those that happen to be thus of the true Religion, because borne in it, though it be the true one, and that they will not be brought to change, yet for most part they can give no better reason of their faith, then those that are in the wrong, and perish as obstinately, for they tooke not their Religion upon choice or triall, neither do they continue it upon judgement, never having searched or tried the Scriptures, as we are commanded; and indeed they may well say,Ir. 1 3. 5. h. 4. 1. 1. 8. to what purpose shall we examine our selves, as St. Paul saith, whether we be in the faith or no? to what end, Try the spirits whether they be of God? or, Search the Scriptures, whether the doctrine taught us now be the same which the Apostles left us? when we may not professe the Religion we apprehend to be the only true one, but are forced to make profession of that only which the State shall thinke fit, and declare to be such.

Nay, in that St. Paul sayes, Trie the spirits whether they bee of God or no; and tells them plainly, that if any man thinke himselfe to be something, then he is nothing, that he deceiveth himselfe, and that every man should therefore prove his owne worke, and that then he shall have rejoycing in himselfe alone, and not in another, for every man shall beare his owne burthen, Gal. 6. 3, 4. 5. And to the Thessalonians he saies, Prove all things, and hold fast that which is good, 1 Thess. 5. 21. Do not such thwart and resist these Scriptures, who take upon them to assigne and stint men unto certaine spirits, as though they could be saved by the faith and knowledge of others, with expresse peremptory commands to receive them for the true Spirit of God, without any triall or examination? and indeed it is better to take up a Religion without triall upon adventure, then having examined and found it Antichristian or erronious, submit unto it notwithstanding; but certainly if well examined, this will appeare not a bare adding or taking from the word of God, but a flat opposition, and giving the lie, as I may terme it, unto the Scriptures, for whom a heavier judgement is preparing, if such a one were possible,Rev. 22. 1 then that which is denounced in the Revelation.

What if the Prince and Peeres should change Religion, must they be subject also to persecution? I know not how they can be well secured so long as such Statutes are in force, for in that they concerne matters of Religion, if they binde at all, they binde most of all: But what if a King and Parliament should repeale all Acts against the Papists, and passe others of the same tenour against all Protestants, must we therefore all turne Papists? If that Religion must be received and forced upon the consciences of people, which by a major part is voted to be the true one, I know no remedy but that we may be lyable againe hereafter to change as often as those that lived in the Reignes of Henry 8. Edward 6. Queen Mary, and Queen Elizabeth.

My humble desires therefore are that we may not procrastinate any longer the preventing so great a misery, as the world cannot possibly torment us with a greater, not through confidence of a present prevailing party, or such other assurance as carnall policie and wisdome doe only furnish us withall; the Bishops condition may be sufficient item to us in this behalfe, who, notwithstanding so many suffered by them, had within lesse then five yeares since greater multitudes of abettors within this Kingdome, then ever any kinde of Church government in likelihood will find hereafter; it is necessary therefore to proceed upon a sure foundation, by passing an act against persecution for Religion, which besides the agreeablenesse with Scripture, all degrees of people having once tasted the sweetnesse of it, will never suffer themselves to be bereaved thereof againe, and by that means become a sure establisher of the generall peace of the Kingdome, and dispose every one more willingly to submit to higher powers, though to some prejudice of his propriety when he apprehends himself certain to enjoy the Liberty of his Conscience.

But may we not any longer be subject unto men?1 Cor. 7. 2. Surely then in whatsoever sense it be meant, we must be subject unto Christ, his yoke is easie;Matth. 11.3 cd and we must not live lawlesse as we our selves list, but persecution imposes a heavier yoke of subjection upon the Conscience, then any Prince or Tyrant in the world doth upon the body of his Subjects: And although every soule must be subject to higher Powers in civill matters, yet there are degrees of subjection and relations in a Common-wealth whereby one is bound to yeeld more or lesse subjection, obedience, respect, and honour, according to the respective Lawes and ranke wherein he stands; and yet in most Countries every Subject from the highest to the lowest hath a kinde of freedome, and possibility of quitting himselfe from the most toilsome and inferiour vassalage, if he be a man of abilities or wealth; but that Law which imposes on the Conscience,Note. serves all alike, save that the most ingenious and conscientious are most afflicted with it, and so long as it is in force, a good Conscience hath no meanes either to evade it or dispence with it.

But how fruitlesse a course it is to force men to conformity in a Religion they have no liking of, will appeare by the small successe it wrought on Papists here in England, many whereof went to Church when they were strictly lookt too, stopping their eares with wooll because they would not heare at all, or heare with an intention to beleeve the contrary; or else like Protestant Merchants and travellers in Italy and Spaine, which ordinarily goe to Masse and Vespers, to avoid suspition of the Inquisition, but because their hearts joyn not in the Church devotions, they purposely send their eyes a gadding after beauty, whilest many, too too many, by custome assume so great a liberty, as if the eye could not sin in one respect, whilest the heart consented not in another, or rather as if God would pardon them the lust of the eye, so long as they were not Popish in their hearts.

But more remarkable it is in the Moores of Spaine and Jewes of Portugal, some whereof dissembled Popery in their successive generations some hundreds of yeares together, untill the Moores being discovered in such multitudes, as that the King not thinking it safe to retaine them longer in so slavish a captivity of the Conscience, nor able to give them a tolleration without the Popes dispencing, commanded them to be gone, and accordingly about the yeare 1606. they conveyed themselves into Barbaria and Turkey, with such a stocke of Christian crafts and pollicie, as not only the Pirates, but those whole Nations are much advantaged and improved, to the no lesse shame than detriment of Christianity: Oh let not the like befall England, with her manufactors, but I feare it is almost too late to wish so, for so many thousands of them being already gone, are able to teach all the world, unlesse both they be suddenly recalled, and others encouraged to continue by a Liberty of Conscience.

And for the Jewes in Portugall, the Inquisition used alwaies to be full of them, seldome without foure hundred or five hundred together, and though most of them will not scruple, and many of them chuse rather to marry with such as really are Christians, that they may with more security play the hypocrites, yet by such as live amongst them it is observed, that though from one generation to another, they have matched into Christian families, yet they reserve and instill their Jewish principles so subtilly into their offspring, as the children though they have remaining in them not above one two and thirtieth part of a Jew, are notwithstanding knowne by infallible presumptions to be Jewes in heart, though outwardly they make profession otherwise.

In the Gospel according to St. John, Jesus answered,John 1 My Kingdome is not of this world, if my Kingdome were of this world, then would my servants fight that I should not be delivered up to the Jewes. What can be more opposite unto the intentions and proceedings of our Saviour, who rather than resist chose to suffer persecution unto death, than these that persecute others unto death? If Christs Kingdome be not of this world, but if it be mysticall and spirituall, then must it necessarily be erected by powerfull preaching of the Word, and by the Spirit: When Peter smote off the high Priest servants eare in defence of his Master,Matth. 52. our Saviour bids him put up his sword, and instead of commending him and his zeal in rescuing the sacred Person of our blessed Saviour, saies, All they that take the sword shall perish by the sword:Eph. 6:1 And St. Paul exhorts the Ephesians to be strong, but in the Lord, and in the power of his might, not brandishing the sword of civill Magistrates, but to take the helmet of salvation, and sword of the Spirit, which is the word of God: and in another place he sayes, that Faith comes by hearing,Rom. 11 and how shall they beleeve in him they have not heard? and how shall they heare without a preacher? And yet if it had been as good a way, Paul would doubtlesse have taught it them, by saying, how shall they beleeve unlesse you tell them? and how shall they know what is to bee beleeved, unlesse you impose it upon them? But this was none of Pauls Doctrine; both our Saviour and his Apostles not only taught and practised, but sealed the contrary with their bloud.

The Spaniards are blamed, and that justly, by all other Nations for having massacred so many millions of West-Indians in their owne Country, under pretence of Religion, though it be evident, it was only that they might the easier rifle them of their gold and silver, and so it is in all persecutions pretended for Conscience sake; for did we but a little consider with our selves, we would easily conclude, that few have been yet so mad to put people to death meerly for Religion sake; I know that many in passion, rage and fury, will say it is pity such Hereticks should live, but when such men are in a calme mood,Rom. 12. 1. if another Nathan, like him that came to David, should say unto them, there is such a neighbour of mine charitable to the poore, upright in his dealing, courteous in his behaviour, meek and lowly minded, loyall to his Sovereigne, true to his Country, chusing rather to suffer than offer injuries, beloved of all that knew him, and never so much as tainted with suspition of any thing blame-worthy, till of late being accused as a Separatist for seducing the Kings liege people unto his owne Religion: the Jury finding him guilty, he is condemned to dye; will not a tender hearted Christian be ready to reply, it is pity such a one should dye? and though the Law condemne him, the King is mercifull, and doubtlesse would reprieve him if he knew he had been loyall to his Country, and committed no other sinne then endeavouring by argument from Scripture to bring others of his owne Religion: now though most men, or every good man would be loth that a conscientious Christian should be put to death for doing nothing but what he is bound in conscience, the winning Proselites to his cause, his religion, which amongst so many different sorts of Christians; he thinks to be the right, and himselfe no lesse obliged to publish it,34. 17. 10. then Peter and John, who when they were commanded by the Magistrate not to speake or teach in the name of Jesus, answered, We cannot but speake the things which we have seen and heard: And when our Saviour sent out his Apostles,tth. 10. 17. he said unto them, What I tell you in darknesse, speake ye in light, and what ye hear in the ear, that preach ye upon the house tops, and feare not them which kill the body, but are not able to kill the soule: Now though Christians generally will not acknowledge that they put any to death meerly for Conscience sake, yet so long as there is a Law where-unto such as differ from us in religion, or any point thereof shal be more lyable then ourselves; as the Jewes, when they could not resist and gainsay the spirit wherewith Steven spake, stirred up the people, suborned and set up false witnesses to accuse him, Acts 6. 11. 13. So, amongst us there will not be wanting one or other who for some private interest and by-respect, will finde out one to accuse, others to witnesse, a Jury to give verdict and make guilty, a Judge to pronounce the sentence, and at last finde meanes to keep the King from reprieving, all of them thus conspiring to put him to death by the advantage of such a Law, whereas really it was not his Religion which they so much regarded, and they may cleerly say they put him not to death for his Religion, but it was their owne respective private benefit and ends which corrupted them to compasse his distruction by force and colour of such a Law.

But why? what reason which is Scripture proofe can be given, why a particular Gentleman should be put out of a Mannor whereof he hath the propriety by inheritance or purchase, more than a whole Nation, a Nation of Infidells and Pagans for Religion sake?Obj. Perhaps it may be said, the State hath enacted a Law whereby this Gentlemans whole revenue or part of it becomes forfeited, because he is not of the true Religion; whereto I answer, That Popery was enacted to be the true Religion in Queen Maries dayes,The following marginalia text is unreadable and Liberty Fund has made no effort to partially transcribe it. and that which Protestants professe in Queen Elizabeths, yet they could not be both the true Religion, however the Subject was not suffered to say so much of either, so long as they had a Parliament protection; but doubtlesse all just Laws have their grounds and rule in Scripture, and more exactly such as concerne Religion, which is the unum necessarium: and if a Pagan Nation may not be invaded in their teritories, because they will not be of our Religion, nor a neighbouring Christian people differing from us in some opinions, why should a particular man have his only lambe,2 Sarr. 4. his pittance taken from him for refusing only to be of a religion, or of an opinion which would absolute damne him because he doubts,Rom. 23. so long as he lives peaceably, and gives unto Cæsar the things which are Cæsars?

In Genesis we finde that Hamor and Sechem told the men of their City that Jacob and his children were peaceable, and therefore moved that they might dwell in the land and trade therein; but when Simeon and Levi had treacherously slaine Hamor, Sechem, and all their males, whilst they were sore after their late circumcision, though it was in revenge that Sechem had first defiled their sister Dinah, yet Jacob reproved them greatly, saying ye have troubled me, and made me to stinke amongst the inhabitants, Gen. 34. 2. 21. 25. 30. So when the Protestant Princes made intercession to the Emperours of Germany, or Kings of France in behalfe of such as professed the reformed Religion: nay, when any Christian Prince made meanes to Turke or Persian that their subjects might live within their jurisdictions enjoying Liberty of Conscience, doe we thinke they used any other arguments then that such Christians were peaceable harmlesse men, medled not with the State or Government, and desired only that they might be permitted to recide there, and enjoy the freedome of their Conscience, where they had their revenues, friends, or best meanes to get a livelihood? they moved not that such poore Christians might not be persecuted because they were of the true Religion, for every man thinkes his owne to be the truest, and though he take advice of never so many, will not let another be finall judge thereof; for Turkes have as much reason to persecute Christians, as Christians have to persecute Turkes; but for Christians to persecute one another, and yet blame one another for the same persecution; how can they chuse but thinke St. Pauls reprehension was not so sutable to the Romans, as themselves? and how can they expect to avoid Gods judgements mentioned in the Text, so long as they perish so wilfully, condemning others for what they doe themselves? the words are these; Therefore thou art inexcusable, O man, whosoever thou art that judgest, for wherein thou judgest another thou condemnest thy selfe,The following marginalia text is unreadable and Liberty Fund has made no effort to partially transcribe it. for thou that judgest doest the same things: And thinkest thou this, O man, that judgest them which doe such things, and doest the same, that thou shall escape the judgement? Might not St. Paul if he were now living say, Thou Protestant, sayest thou a man [a Calvinist] should not persecute, and doest thou the same? Thou Calvinist, sayest thou a man [a Protestant] should not persecute, and doest thou the same? Since it is most true, that they must mutually justifie, or mutually condemne each other, and though it will be by both sides alleadged, that none are put to death amongst them meerly for Religion sake, I feare me, it may be found upon due scrutiny, how many have dyed on both sides, as well for exercising their owne Religion, as seeking to convert others; and in regard that both Calvinists,9. Lutherans, and all others of the reformed Religion have received and acknowledged our Saviours command to love their neighbours as themselves, and doe to others as they would be done to, and thinke they are no lesse bound then St. Peter, when he was converted, to convert his brethren,The following marginalia text is unreadable and Liberty Fund has made no effort to partially transcribe it. and this being a doctrine and point of Faith, which all reformed Christians make profession of, such of them as have been imprisoned, fined, banished, or put to death, for no other cause but what this point of their faith obliged them to, cannot be said otherwise then to have beene thus persecuted meerly for Religion sake: And there is this more of aggravation, that for the most part these fierce and persecuting Christians esteem each other in a damnable condition so long as they perish and dye therein, and yet either of them being by the other condemned to death shall have his pardon, if he become a convert, which is a destroying of the spirit that the flesh may be saved, just opposite to St. Pauls doctrine, but if he refuse, they proceed to execution, which according to their owne opinion sends them irrevocably to hell, whereas in Christian charity they ought rather to reprieve them, that there might be a possibility of their conversion: and were we not besotted with most supine carelessenes or ignorance, wee should not chuse but see that persecuting and putting to death the body of such as differ from us in religion or opinion, cannot possibly be out of charity to their soules, but must needs acknowledge that either we are guilty of their perishing both body and soule, if they dye in such opinions, or else condemne our selves on the other side for putting them to death, because they were of such a religion or opinion as accompained them to heaven:1 If St. Paul to the Corinthians prescribes all Christians a way of proceeding against sinners for destruction of the flesh, that the spirit may be saved in the day of our Lord Jesus; and if hee tels Timothy that a servant of the Lord must not strive,2 but be gentle unto all men, apt to teach, patient, in meeknesse instructing those that oppose themselves,2. if God peradventure will give them repentance to the acknowledgement of the truth, and that they may recover themselves out of the snares of the Divell: what art thou, O Christian, who contradicting the Holy Ghost in these places of Scripture, thus puttest Christians to death after such a manner, and in such a time, as that according to the faith whereof thou thy selfe makest profession, the spirit of such Christians cannot possibly be saved, but must inevitably be damned in the day of our Lord Jesus? consider of it, I beseech thee in the feare of God, and be humbled, endeavouring to redeem thine owne misdoing by the grace of God, in earnestly petitioning his divine Goodnesse to dispose the King and Parliament for repealing some lawes, and enacting others, whereby the people may be free hereafter from so dangerous a temptation, as this power and colour of persecuting others for Religion sake leads them unto.

But I must not yet leave St. Paul without making a little more use of so bright a light, who reproving the Corinthians in that they suffered such as committed fornication to live amongst them, though absent by virtue of his Apostleship, judged such offenders to be taken from them,1 Cor. 5. 3, 4, 5. and by the same authority commanded the Church of Corinth to put it in execution, & that when they came together in the name of the Lord Jesus, they should deliver such a one unto Sathan for the destruction of the flesh, that the spirit might be saved in the day of the Lord Jesus: Now either this delivering up to Sathan was a present putting to death with a blasphemous inference, that the sudden putting to death is a saving of the soul, or else it is only some Ecclesiasticall and Christian censure whereby the sinner might have liberty to survive for the mortifying of his body and destroying all fleshly lusts that the soule might escape in the dreadfull day of judgement, so that such as put the body to death, as much as in them lyes,Note. dam the soul, quite opposite to St. Pauls intention, who prescribed another way of justice with his expresse reason for it, That the soule might be saved; wherefore they may well be reproved and reprehended in his owne words to the Romans,Rom. 2. 4. Despisest thou the riches of the goodnesse and forbearance and long suffering, not knowing that the goodnesse of God leadeth thee to repentance?1 Cor. 3. 6 And whereas in other places, he saies, We are by Christ made able ministers of the New Testament, not of the letter, but of the Spirit, for the letter killeth, but the Spirit giveth life: unlesse in this, and such other Scriptures, it be understood that the Gospel dispences ordinarily with the letter of the Law, to mitigate and qualifie temporall punishments of the body,Exod. 21. 12. 15. 17. Liv. 20. 10 and 24. 17 21. Num. 35. 16. & seq. Object. as well as to free us from eternall torments of the soule; I doe not finde where Christian people and Commonwealths take power of sparing such offenders which by the expresse letter of the Law were commanded to be put to death.

But some will say, if men be suffered to preach such grosse erronious doctrines, the number of Hereticks would quickly be so great, that true Beleevers might be swallowed up by them, as good corne which is choaked many times through abundance of tares and weeds; whereto I answer,Answ. That we should do that only which is commanded and warrantable, relying upon Gods providence concerning the event, he spares not these erronious Beleevers or Hereticks that they might seduce and pervert the faithfull,Joh. 24. 24 for that is impossible, but that the faithfull might in his due time reduce the misbeleevers unto the truth, who if they should be taken off presently, would for all we can expect have perished in their sinnes:1 Cor. 7. And as St. Paul taught the Corinthians, If a brother have a wife that beleeveth not,2. 14. 16. and she be pleased to dwell with him, let him not put her away, for the unbeleeving wife is sanctified by the beleeving husband, and what knowest thou O husband, whether thou shalt save thy wife? Surely this text may be well applied to the whole Church which is the Spouse of Christ, and such as finally cut off the least inferiour member by persecution, be so much more justly censured and condemned by it.

Our Saviour having sent his messengers to a village of the Samaritanes to make ready for him,Luke 9, 32. & 109. the people of the village refused to receive them, which when James and John saw, they desired to bring downe fire from heaven to consume them as Eliah did, but our Saviour rebuked them, saying, ye know not what manner of spirit ye are of, for the Sonne of man is not come to destroy mens lives, but to save them; I wish this Scripture were well considered on by all that make profession of the Gospel.

The Inquisitors of these dayes have no better ground for their strict proceedings,Exod. 34. 13. then the Old Testament which expressely commanded Idolatry to be rooted out, their Altars to be pulled downe, and groves wherein they worshipped false gods, to be destroyed;Deut. 7. 5. & 12. 3. there have we also the example of Eliah, who consumed the two Captaines with their fifties,2 King 18 4. which were sent from the Idolatrous King Ahaziah: the Disciples John and James, it seems, were then of the same mind in this respect,Mich. 5. 14 & if they could have had their owne wills,2 King. 1. 1. would have caused fire from heaven to have rained upon the opposers of the New Testament as Eliah had done upon the Idolatrous and disobedient of the Old,Matth. 11. 29. but our Saviour who was very meeknesse, reproved them for not knowing what manner of spirit they were of, as if he should have said, you must not have the spirit of persecuters, but such a spirit as those which are to be persecuted have need of;Matth. 10. 23, 24, 25. and for this cause he had before taught them a lesson of preparation, saying, When they persecute you in this City, flye ye into another, the disciple is not above his Master, nor the servant above his Lord: If they have called the Master of the house Beelzebub2 Tim. 3. 12. how much more shall they call them of his houshold? And for the destruction of the groves which had beene made to commit Idolatry in, if it concerne Protestant Reformers to do the like under the Gospel, we should not finde many Churches in England which could escape; but whether they be all to be pulled down, or why one more then another, I leave it to such as have already delivered their opinions to make them good, wishing them to remember that in St. Pauls judgement,1 Cor. 8. & 10. cap. a good Christian might have eaten of those meats which had been consecrated to their Idolls, provided it were no scandall to a weak beleever.

And although this lesson was so quite contrary to the dispositions of John and James ambitious when they reasoned amongst themselves who should be the greatest,Luke 9. 46. that they might in liklihood be the more enabled to persecute and punish others, as appeared afterwards by this rash and unadvised motion of theirs, yet the reprehension in both respects sunck so deep into their eares, that the Disciples never exercised greatnesse amongst themselves, nor persecution or compulsion towards others, much lesse prescribed it to be practised by their successors, and in pursuance thereof,10. St. Paul advised, or rather required the Corinthians, and in them all Christians, that they give no offence; neither to the Iewes nor to the Gentiles,1. nor to the Church of God, and to the Colossians he saies, walke in wisdome to them that are without: Now what can be more against the rules of wisdome, then endeavouring to bring into the true Church such as are without by a rigorous way of persecution? we see by daily experience that men are by nothing so much obliged and engaged, as by courtesie and affable proceedings, these both win and keep the heart fast, whilst violence and constraint can at best, but prevaile upon the body, the soule even in that instant so much more alienated, as the body and outward man was forced to play the hypocrite and yeeld obedience.

What possibility is there of converting Papists, Jewes, Turkes, or Infidels to the Faith upon such grounds as most Christians hold at present? It is generally and truly agreed on, that we ought not to invade their Countries to dispossesse them of it, or their meanes, because they refuse to imbrace Christianity, and I have scarce so much as heard of any Protestants, or others of the reformed Religion (may it be spoken for their humbling and amendment) that ever employed themselves to compasse their conversion meerly for Conscience sake; few of them have means to come to us, and if they had, how can we thinke they would be willing if they knew they might not live amongst us, without being forced to a new Religion, before their reason and understandings were convinced in the truth thereof? and for the same respects, as also in that the Christians in their new Plantations seek more after the wealth of the Country, then propagating of the Gospel, the neighbouring people of these parts hate the very name of Christians, make such opposition against them as they are able, and at last, when they have no other remedy, flye further off, not one of a thousand desiring their society or acquaintance: can any thing be more contrary to walking in wisdome towards a people, then to practice such courses as make themselves odious and hatefull, that they cannot get to be admitted into their company?1. 5. St. Paul having writ unto the Corinthians that they should not accompany with fornicators,1. lest they might mistake him, he explanes it to them afterwards, that it was not his meaning that they should altogether forbeare to keep company with the fornicators of this world, or with the covetous or extortioners, or with Idolaters, for then they must needs go out of the world, but if a brother were such a one, they should not so much as eat with him; from hence I conceive may be inferred, that if the Disciples of Christ had had a civill power to force a way for the Gospel, yet they thought it either not lawfull or not expedient to imploy such meanes, because they forbore to make use of milder, for though they might not eat with a professor, a brother which was a notorious wilfull sinner, yet such as were without, though they were covetous, fornicators, extortioners, and Idolaters to boot, they might eat and keep company with them by St. Pauls permission, when they might as well have avoided it in them as in their owne brethren;The following marginalia text is unreadable and Liberty Fund has made no effort to partially transcribe it. and whereas Idolatry and other execrable sinnes were then so rife with all men, that St. Paul was forced to say in effect, that it was not possible to live, and not keep company with such sinners, yet he said not that such as would altogether avoid their company, must send such sinners out of the world, or out of the Country by persecution, which the Inquisitors of these times practise, but insinuates, that in case the world were so full of notorious sinners and misbeleevers, as that a true Beleever could not live in the world without conversing with them, and that God would not permit his people to converse with them, that then the true Beleevers themselves should rather goe out of the world, then send such notorious sinners and misbeleevers out of the world in the midst of their sinnes by persecuting them to death, which I much desire were well reflected on, as also that passage of St. Johns Gospel in the prayer which our Saviour makes unto his Father in behalfe of his sheep the true Beleevers,The following marginalia text is unreadable and Liberty Fund has made no effort to partially transcribe it. I pray not that thou shouldest take them out of the world, but that thou shouldest keepe them from the evill: from whence it may likewise be inferred, that if the true Beleevers could not be kept from the sinne and evill of the world, in such case they ought rather to pray that God would be pleased to take themselves out of the world, then to desire that notorious sinners or misbeleevers were taken out of the world in their sins, whereas so long as they live there is hopes of their repentance.

Our Saviour when he sent forth his Disciples,The following marginalia text is unreadable and Liberty Fund has made no effort to partially transcribe it. gave them charge to preach the Gospel freely as they had received it freely, and that if they came amongst such as would not receive or heare them, they should depart thence shaking off the dust from their feet as a testimony against them, which is farre from a commission to plant the Gospel with fire and sword, or other waies of persecution, which are practised in these dayes; and Saint Marke in his relation thereof makes the commission to be given them, in these words, Goe ye into all the world, and preach the Gospel unto every creature, he that beleeveth and is baptized shall be saved, but he that beleeveth not shall be damned: Now though it be not to be meant so litterally and precisely that they should preach the Gospel to irrationall creatures, yet the sense and meaning of every creature is so cleare, that none which were capable to receive the word, should be barred by persecution from hearing of it preached; and whereas our Saviour saith, he that beleeveth not shall be damned, had his intention beene, that such as beleeved not should be compelled thereto, doubtlesse he would have said so in expresse words upon this occasion, rather then denounce their damnation, before he had first countenanced this so efficacious a way, as some alleadge,Object. for to prevent it.

To say the Apostles had then no civill power, and therefore they used it not, is not to the purpose, for if coercive power had been requisite,Answ. our Saviour when he sent them forth could as easily have ordered them to make use of it (in which case the Magistrate must have contributed his assistance) as to say, heale the sicke, clense leapers, raise the dead, and cast out divels, and although miracles were now quite ceased, yet it followes not that the civill sword is given to the Church to cleer the Gospels passage, for God will have no wayes or meanes made use of, but such as he himselfe prescribed with expresse order only (not to persecute but) to depart from such as would not heare it; and what command finde we in the word of God which warrants us to imprison, fine, banish, or put to death any one especially amongst Christians for difference of opinion in Religion? many I know are so indulgent to be contented that every man might enjoy his own Conscience quietly, but would not suffer them to, have the free exercise of it, to discourse or publish their opinions unto others, but hereof I finde no ground in Scripture; St. Paul sayes, 1 Cor. 9. 16. A command is laid upon me, and wo is unto me if I preach not the Gospel; and our Saviour said unto St. Peter, Acts 22. 32. When thou art converted strengthen thy brethren: So that the same God which commands me to trie the spirits, requires of me also that when I have found the truth, I should not withold it like a candle under a bushell,Marke 4. 21. but teach it unto others.

Yea but some will say,Object. God requires you to teach the Truth but you teach Heresie instead thereof, and therefore you ought to be persecuted; my answer is,Answ. That I apprehend it to be the truth, and doe but discharge my conscience, though it be erronious, desiring to see the warrant for persecuting such as teach or publish erronious doctrines, which they in their owne opinion thought had been found: St. Paul in the name of the whole Ministery said, 2 Cor. 5. 20. We are Ambassadours for Christ, as though God did beseech you by us, we pray you in Christs stead, be ye reconciled to God: And in another place, 2 Cor. 10. 1. 3. 4. I Paul my selfe beseech you by the blacknesse and gentlenesse of Christ, for though we walke in the flesh, we do not war after the flesh, for the weapons of our warfare are not carnall, but mighty through God to the pulling downe of strong holds : So that Paul did war, but not according to the flesh, he did not imprison, fine, nor cut off eares, his weapons were only spirituall, the power and might of Jesus Christ; gentle exhortation and friendly admonition was the only meanes the Apostles practised, which prevailed then so mightily, and ought for that very reason to be still continued, especially since we cannot pretend any other commission but what they had, unlesse we will also seem to have had an other Gospel.

I presume no Protestant will deny, but that we are bound to endeavour the conversion of Papists, Jewes, Turkes, Pagans, Hereticks, with all Infidels & misbeleevers unto the only true and saving faith in Jesus Christ, this taske how little soever it be practised and thought on, will one day lye heavy upon all Christians, who are no lesse obliged thereto in their respective callings,Matth. 23. 19. then the Apostles were to preach the Gospel unto all Nations, as was said immediately before: But as it is said in the Parable, Mark 3. 27. That before one can enter into a strong mans house and spoile his goods, he must first binde the strong man: So before you can prevaile and reduce a Turk or Papist to the true reformed Religion, you must first convince him in the errours of his owne, by the evidence of Scripture, and by the power of the Holy Ghost, and this must be done by word of mouth, by writing or by both, as I rather conceive; first, by word of mouth, in that the Apostles were expressely ordered to go and teach all Nations, which necessarily inferres their presence; and secondly, by writing, that it may be better dispersed, and more freely enjoyed at all times, places and opportunities, besides, that controversies and businesses of intricacie, are far better and more methodically stated and explaned in writing or in Print, then can possibly be delivered by word of mouth: The Poet said,

Qui volet ingenio cedere rarus erit:

But farre more rarely shall you finde a man to give preheminence in point of his Religion, each thinking his owne to be the truest; this combat therefore must be fought out upon eaven ground, on equall termes, neither side must expect to have greater liberty of speech, writing, Printing, or whatsoever else, then the other:Object. But it will be again objected, that if such a tolleration as this be granted, the whole Kingdome will be quickly pestered with a greater confusion then that of Babel; to which I answer,Answ. That the confusion will not be such as is so much imagined and feared, though it may seem greater at first then afterwards, when every man hath associated himselfe with such as are of his owne opinion; and I crave leave to aske, if it be not a far greater confusion both before God and man, and of more dangerous consequence to the State, and their owne soules, for a thousand men and women of ten severall religions or opinions to assemble together every Sunday in a Parish Church for feare of imprisonment, fines, banishment and worse, or else that the same thousand men and women being permitted freely,Object. may meet in a peaceable manner at ten severall places according to their respective differing opinions and religion: But you will say that all these thousand men and women were good Protestants, before this licentiousnesse of being what they would, was granted them:Answ. I answer, That they could not possibly be good Protestants, but either were hypocrites and time servers, or else that they had hapned by chance, or rather by course of the Country into a meer formall profession of the Protestant Religion, whereof they were not able to render a reason if it had been demanded, & though they should have stil continued as visible members of the true Protestant Church, and participated in the outward means, their actions would have been never the more accepted of the Lord whilest they had lived, nor their persons at the day of judgement.

Secondly though this confusion were yet greater then you imagine, I desire to be informed, how it may be prevented without a far worse inconvenience; first, in that I finde no expresse warrant, and lesse then expresse will not be enough to abridge any man the exercise of his Religion, which makes him sinne against his owne Conscience, and so is a doing of evill at least, that good may come of it, Rom. 3. 8. And secondly, because you are commanded to teach all Nations, which is impossible, unlesse you could goe and live amongst them, which you cannot reasonably imagine or conceive, that people of different religions & opinions will permit you to remaine amongst them who hold tenets, that when you have converted a considerable number, you may if you see possibility of strength to compasse it by force of fire and sword, compell the rest to be of the same Religion, much lesse will they come unto you for the same reasons, as also in that you will not permit them within your jurisdiction to make profession of their Religion, whereof they have as good opinion as you can possibly have of yours, and though perhaps they might be contented (not that they are doubtfull of their owne, but in hopes it may be to make a Proselite of you, or out of an ingenibus disposition and desire to comply with you, who seem so solicitous of their salvation) to hear what you alledge, why they should become good Protestants, yet you cannot in reason expect, or in equity require, that they should not have as ample priviledge as your selfe, to deliver their mindes freely both in speech and writing.

We know that in most Kingdoms there are severall Courts of Justice, which having different priviledges and jurisdictions, when any man hath cause to commence a suite he first informes himselfe in which he may likeliest finde greatest favour of equity and justice, but if his adversary gaine advantage, and force him to a triall in such a Court, as according to the constitution thereof, he could not have so favourable triall as in another, the party thus agrieved forthwith appeals from that where he was overthrowne unto another, never resting or submitting, if it may be otherwise avoided, untill he apprehend himselfe, to have been equally proceeded with; and yet the triall of Religion must still be more precise and equitable, in that it must be voluntary on both sides.

Suppose then that a man have a controversie with another about land, houses, money, merchandise, or what ever earthly luggage else, of a considerable valuation, is any so simple as to think that such a one even whilest he is confident of his owne right and title, will give it up unto his adversary upon entreaty, menacies, or compulsion, and that willingly? Is it not then a greater absurdity and incongruity of sense to thinke that a man should rest contented willingly to be forced against his will? nay is it not a meer impossibility, as absolute as the subsistance of contrarieties? can a man in one & the same respect, about the self same thing, and at same time too, be both willing and yet unwilling? can he at same time think he hath just cause to keep possession of such land or moveables, and yet think he ought to render up possession of them? how much more tenacious may we justly presume every man to be of his religion, which he thinks to be the only true one? and how much more backward and unwilling will every one be that makes conscience to part from his faith, whereby he expects not some momentary profit and advantage, but his wel-being and salvation unto eternity? And if being confident in mine owne Religion, I cannot possibly be brought to thinke otherwise by force, what ever violence make me professe outwardly to the contrary, then will it be necessary to proceed by fair meanes, that all reasons and inducements being aledged with equall liberty and freedome on both sides, the whole controversie may be fully stated and understood to the self-conviction of heresie and errour, which if other Nations of different Religions may not be permitted, and by that means freely declare and expresse the grounds whereon they built their faith, how false soever they be, they cannot possibly be convinced thereof, but will be so much more hardned in their opinions, conceiving them the sounder, by how much you restrain the publishing thereof, and when they see you intend to persecute them, denying an equall and indifferent triall, they will be gone again with a far more prejudiciall conceit of the Protestant Religion then they had before, if you detaine them perforce, you do contrary to St. Pauls doctrine, 1 Cor. 7. 15. who gave order that even the unbeleeving wife might depart, if she would depart, and besides afright all such as hear of it, from ever comming to you afterwards.

Thus does it appeare most evidently,The following marginalia text is unreadable and Liberty Fund has made no effort to partially transcribe it. that if you will continue your rules and maximes of persecution, besides the unwarrantablenesse thereof, you cannot reasonably conceive a possibility to discharge our Saviours aforesaid Commission, with sundry other Scriptures for teachching of all Nations.

Besides, we finde how amongst other directions which our Saviour gave his seventy Disciples at their mission, Luke 10 5. 6. He bids them, That into whatsoever house they enter, they first say, Peace be to that house, and that if the son of peace be there, their peace shall rest upon it, if not, it shall returne to them againe:The following marginalia text is unreadable and Liberty Fund has made no effort to partially transcribe it. and by this instruction surely we may observe, our Saviour did not intend, that his Disciples whilest they went about preaching the Gospel should crie Peace, Peace, that they might more securely instill into their Proselites a doctrine of war and persecution, and such Christian States and Churches as do since practise it, go quite opposite to that command of our Saviours, and his Disciples practise, wherein we are so much more inexcusable, in that he declared himselfe so plainly, that his meaning was, the Doctrine of Peace should be proffered to all,10. and that if they and it were not received, Their peace should returne to them againe,16. 11 and they only shake of the dust from their feet as a witnesse against them at the day of judgement; as if he had said so on purpose,19. 5. lest they meeting with such as would not receive them and their peace, should be to seek what further course to take, and thinke their labour lost, unlesse they had compelled them to receive both whether they would or no.

But notwithstanding our Saviours charging his Apostles to teach all Nations, Matth. 28. 19. And St. Pauls saying, Rom. 10. 17. That faith commeth by hearing, and hearing by the word of God; requiring Timothy to be instant in season and out of season, 2 Tim. 4. 2. The Inquisitors are ready to say with the young man in the Gospel, Matth. 19. 20. All these things have we done:The following marginalia text is unreadable and Liberty Fund has made no effort to partially transcribe it. We have preached and such will not heare us, some that heare will not beleeve us, and such as beleeve us, will not live accordingly, what shall we do with such? I answer, this is no more then St. Paul foretold, when he said, 2 Tim. 2. 3, 4, 5. The time will come when they will not endure sound doctrine, but after their owne lusts shall they heap to themselves teachers, having itching eares, and they shall turne away their ears from the truth, and shall be turned unto fables, but watch thou in all things, endure afflictions, doe the work of an Evangelist, make full proofe of thy ministery: Y. 2. Reprove, rebuke, exhort with all long suffering and doctrine: This aversenesse to the saving truth which St. Paul prophesied of, was not so much to be discovered in the time of Timothy, as afterwards in succeeding ages; and St. Pauls directions in that behalfe to be applied to all Ministers successively: To the Romans he saith, Rom. 10. 14. concerning his brethren the Jews, How shall they beleeve in him of whom they have not heard? and how shall they heare without a Preacher? But if he had lived in these dayes, Paul himselfe must have been taught to say, Do you expect they should goe to Church unlesse you whip them thither? and how shall they beleeve unlesse you beat it into them? This had been as easie for St. Paul to have prescribed in those times had it been but as good doctrine, however the practise of some Christian Countries is so contrary to it, that more care and watchfulnesse is used, that Inquisitors be circumspect and diligent to require conformity of the outward man, then that the word be sincerely taught, or the Sacraments administred according to their due simplicity and purity, to the comfort and edifying of the inward man; these may make a great shew and bravery for the present, surpassing in number like the Nationall Church of the Jews when it was most populous, but being such spurious Christians chiefly as are begot by their illegall Inquisition, and not nourished by the sincere milke of the word, 1 Pet. 2. 2. they are never like to grow up and encrease in godlinesse untill they become perfect men in Christ Jesus.

St. Paul writing to the Romans about meats which were lawfull to be eaten, by such as beleeved they might eat them, prescribes notwithstanding to forbeare, rather then offend a weake brother, but withall sayes, Rom. 14. 22, 23. Happy is he that condemneth not himselfe in that thing which he alloweth, and he that doubteth is damned if he eateth, because he eateth not of faith, for whatsoever is not of faith is sin. And in the same Chapter, vers. 5. he saies, One man esteemeth one day above another, and another esteemeth every day alike, let every man be fully perswaded in his owne minde; according to which doctrine, a mans owne conscience was both primarily and lastly to be resolved fully before he eat or dranke, whether he keep holy-daies or no, and not the Inquisition house or Bishops court:The following marginalia text is unreadable and Liberty Fund has made no effort to partially transcribe it. If eating with a doubting conscience only be sinne, what is it in such as eat contrary to their conscience? how much greater sin is it in such as goe to Church, or are present at worshipping of God in such a manner as they themselves hold to be flat Idolatry; and then how comparatively greater is their sin that force others to doe that which damnes themselves, so much against their owne wills and dispositions? But perhaps it will be objected, that they are not forced, but may chuse whether they will come to Church or no, so they pay one third part of their revenues or some easier fine:Answ. To which I answer, That such fines, imprisonment, or lesser punishments whatsoever are justly to be accounted force, and that in the highest nature, when a man will rather resolve to hazard the losse of his own soule in going to Church with a double conscience, according to his owne tenets and opinion, then to submit to the said fines, imprisonment or other punishments; I need say no more then such going to Church is not of faith, but of feare, and faith comes by hearing, not by frighting.

But it will be againe objected,Object. That the Apostles had no power on authority from the civill Magistrate to render men obedient unto their doctrine in a compulsive way, otherwise they would in likelihood have made use of it, there being no such probable meanes under heaven as such imagine, to settle an uniformity, as sining, imprisoning, banishing, cutting off eares,Answ. and heads too, if they see fit; whereto I answer, That the Apostles preaching, baptizing, and doing miracles, were all contrary to the authority and expresse commands of civill Magistrates, and if they had had but equall warrant from their Master, having gained such multitudes of converts as our Saviour was fain to feed miraculously at one time, about five thousand of them, all men, besides women and children; at another time foure thousand men, besides women and children, Matth. 14. 24. and 15. 38. And in the Acts it is said, Act. 2. 41. That through Peters preaching, three thousand soules were added to them in one day, we cannot justly thinke but having once gained so many Proselites,Luke 3. and amongst those were souldiers, to take leaders and commanders off,12. 14. they had through their numbers both means and reason, rather to encourage them in adventuring to settle,Act. 10. in the former part. or at least to lay some ground-worke of their coercive discipline, then with such boldnesse at first to travell from place to place, from one City to another, preaching Christ Jesus undauntedly, when there was not so much as one to countenance and backe them against the civill Magistrate, or persecution of the common people.

Why did the Apostles baptise or teach in the name of Jesus, being expressely commanded by the civill Magistrate to the contrary? this disobedience and offending of the higher powers had beene a sin in them, unlesse our Saviour had given them expresse commission to teach all Nations, and if coercive power had been as warrantable, and more likely means to propagate the Gospel, the Apostles were as much to blame in that they did not use it, as they should have been if they had not preached the Gospel at all; for Christ that commanded them the end, must needs understand the means thereto conducing to be comprehended in the same commission; neither could they be said to want power for putting the meanes in execution, so long as they had the gift of working miracles: which doubtlesse they also practised so often as they had the divine Oracle for warrant; and of this nature was Peters punishing. Ananias and Sapphira a with sudden death,Acts 5. 5 10. because they had dedicated a certain possession unto the Lord, and afterwards sought to rob his Saints of part thereof: Paul likewise, Chap. 13. 11. struck Elimas the sorcerer blinde, because he sought to turn away Paulus Sergius the Deputy his heart from the faith [Editor: illegible word]. And his delivering of Himeneus and Alexander unto Sathan that they might learne not to blaspheme, 1 Tim. 1. 20. I suppose may be understood in the same manner. Our Saviour having occasion to make use of an Asse that the Prophesie in Zachariah might be fulfilled, Zach. 9. 9. sent two of his Disciples to the village Belphage to fetch one, giving them no other instructions, but that if any body said ought unto them, they should reply, That the Lord had need of it, Matth. 21. 3. Even so might the Apostles have done when they had met with obstinate people that would not receive their Gospel (especially the Jews which the Roman Magistrate in likelihood regarded little whether they were Jews or Christians) it had been but sending for a Centurian, or other officer of justice with a little ticket, that Domino opus est, no body should have been able to resist their will; as it is said in the Romans, Rom. 9. 19. the proudest Pharaoh must have submitted, and all his Subjects been willing to assist,Matth. 26. 53. besides legions of Angels which would have been in readinesse if God had pleased to warrant them in such a course.

And whereas in the Scripture before alledged, it is said, Acts 2. 41. That three thousand soules were added to the Church that day; the Text declares also, that they which gladly received the word were baptised,Note. insinuating that they which doe not willingly receive the word, ought not to be baptised, much lesse be forceibly baptised, or being first baptised in their infancie when good hopes were conceived of them, be afterwards compelled to receive the word, and participate in the ordinances when their unwillingnesse is so well known, and this to be the case of all such Christians as are forced into a Religion: But how many souls soever were added to the Church at Peters preaching, Acts 2. 47. and whereas it is said, That the Lord added daily to the Church such as should be saved, it cannot be said so in such Countries where the Inquisition ruleth, or people are forced to goe to Church upon penalties how small soever, there is neither adding to the Church, not falling from, they are one and all, all of the Church, or all out of the Church, and which of the two is likeliest I am sorry to consider.

What people under heaven can boast of an outward unity, and so generall a uniformity as the Papists at this day, most eminently glorious if it were to be contemplated according to humane wisdome, or beheld with the eye of flesh? But do not Protestant Writers affirme of them, that they would fall into as many peeces and opinions amongst themselves, as all other Christians have in the whole world besides, if the yoke of their Inquisition bondage were but broken? Nay do not all Protestants conclude that even such a hodge podge of uniformity cannot be compassed without an Ecclesiasticall Sovereignty? and that this Ecclesiasticall Sovereignty hath such inbred corruptions and temptations in it selfe as breeds a propensity, little lesse then unavoidably degenerating into tyranny? and that tyranny over the minde to be seventy seven times worse, then that which civill Magistrates exercise upon the body or estate? nay must it not needs follow by consequence undeniable, that if there were as good ground in Scripture for spirituall Sovereignty as there is for temporall, that this spirituall Sovereignty ought to be reduced to Monarchy, as the best and only government to settle uniformity? and would not this Pope and spirituall Monarch upon the same grounds have a better claim and title to all the world, because ecclesiasticall and spirituall forsooth, then any King or Emperour hath to his owne Dominions? All these grosse absurdities (which we so much condemne in the Pope of Rome, for the mystery of iniquity aimes at no lesse then all the world, their ground-worke and proceedings conclude as much, though yet it speakes not plaine) will inevitably follow the endeavouring to settle a uniformity in the Church, or such tenets as require a necessity of coercive power to be executed on the body or estate in matters meerly of Religion.

Let all Church governments be but brought to a triall, see what the Pope can say, Episcopacie, Presbyterie, or any other that stands for compulsive jurisdiction over goods or person, and though they mince it never so finely, speake never so fairly, and each of them have not really in it selfe an equall proportion of inbred putrifaction, tending unto spirituall tyranny, yet if they be well examined, though in their negatives one may condemn the other, for their affirmatives whatsoever shall be alledged by any one will be acknowledged the doctrine and principles of all the rest, and each of them for the matter, though not equally, upon most palpable consequence be found tending and endeavouring a command and dominion over the faith and consciences of men, which St. Paul disclaimed, 2. Cor. 1. 24. And when James and John the sons of Zebedee desired to sit on our Saviours right hand, and the other on his left in glory, he told them, That the Princes of the Gentiles doe exercise dominion over them, and they that are great exercise authority over them, but it shall not be so among you: And when he was desired only to speake a powerfull word for execution of civill jurisdiction, that an inheritance might be devided rightly betwixt two brothers, he reprehends the party, saying, Man, who made me a judge or devider over you, Luke 12. 13, 14. And if the Apostles, and their lawfull successors in the Ministery, may not exercise dominion nor authority, what ever their minds were, their persecution would want a sting, Mat. 20. 25, 26.

God will not have men persecuted for matter of Religion, lest under colour thereof, the persecuting of his dearest Saints should seeme more justifiable: But you will say, why does he then permit the civill Magistrates to put men to death, by which proceeding innocent and guiltlesse persons have often suffered? I answer, how it is true that through the iniquity of some Countries Lawes, and malice or corruption of wicked people, innocent and simple men have too too often been condemned and put to death: But first, it is obvious to every ones capacity, how the crimes and offences for which men suffer under civill Magistrates, are by most Nations concurrently agreed upon to deserve death. Secondly, such delinquencies are more easily to be proved against the malefactors, and in matters of difficulty, as to discover whether a woman had committed adultery, the Lord had appointed a miraculous way of triall, and called it The law of jealousies, Exod. 5. 12. which was, that if the spirit of jealousie had possessed the husband, the Priest giving the wife a bitter water to drinke (in such manner as is related in the Story) her thigh should rot, and belly burst if she were guilty, but do her no hurt at all in case of innocencie; from whence may be inferred, that the putting any man to death, or punishing by civill Magistrates without undeniable proofe and witnesses, cannot be justified or excused without a miracle; how much more in matters of Religion, where there is no law of Gods making that commands it, and seldome righteous testimonies that can be produced to prove it? Thirdly, it lay in the malefactors power not to have committed such crimes and outrages; and last of all, civill Magistrates have the Scripture for a rule what delinquents they may put to death, and how far they may proceed in fining: but for matter of Religion it is quite otherwise; for first, no man is of opinion that another deserves to be persecuted and put to death, only, because he is of the same Religion which himselfe is of, since therein he should condemne himselfe: Secondly, if a man will himselfe, you cannot tell what Religion he is of, because whatever he is driven to make profession of, it is the heart that in this respect, either justifies or condemnes: Thirdly, though a man would use all the means which can be prescribed him, and should even himselfe be contented, and desire that such a Religion were the true one, yet it is not in his power to thinke so, and consequently to be of the same in heart, untill his reason and understanding be convinced thereof: And last of all, there is no warrant for persecution in the Scripture, if there were, we might boldly say, fiat justitia ruat Coelum, God will beare us out in whatsoever we do by his commandement, and as severe an account will he require at the dreadfull day of judgement, for all such fining, imprisoning, mutilating, and putting to death, especially of his Saints, and other conscientious people, as have been practised without it.

We are bid in the Scripture to come out of the world,3. 4. and separate our selves from the wicked,6. lest we partake of their judgements, and the like; but instead of conforming hereunto, such as will not enter into Covenant, such as will not goe to Church and receive the Communion with us, we endeavour to compell them to it by pecuniary or corporall punishments, which is as much as possible to withstand and hinder such a separation: for instead of preaching unto the true Beleevers, according unto St. Pauls doctrine, that they should separate themselves, and not communicate with notorious sinners, we quite contrary turne our speech and power too, towards Papists, Blasphemers, Traitors, and the mixt multitude in generall, forcing them and the true Beleevers to assemble and communicate together, to have one Faith, one Baptisme, one Church, and whether it may involve us in one doome, I leave to others to determine, and at present only advertise, that, from hence arises a double inconvenience, one to our selves by communicating with Atheists, Papists, Traitors, Blasphemers and Reprobates of all sorts, from whom we are commanded by St. Pauls Epistle to Timothy, 2 Tim. 3. 5. to turne away, whilest we notwithstanding force them whether they will or no, to joyne with us in the most sacred Ordinances of God: the other inconvenience is to those that are so forced, by making of them hypocrites and time-servers, so much worse then they were before, or as our Saviour saith, Matth. 23. 15. Two times more the children of the divell, when perhaps what they would have done of their owne good will, though erronious, might have been in part excused by ignorance, and a good intention, as St. Paul did when he persecuted the Church of God, 1 Tim. 1. 13. and so far are we from building up the mysticall body of Christ by compelling the personall presence of Papists, and such like, at our spirituall exercises, that it only hardens them so much more, and alienates their mindes so much futher from being wrought upon, by such arguments as are alledged from reason or from Scripture.

The following marginalia text is unreadable and Liberty Fund has made no effort to partially transcribe it.In a Sermon preached before the House of Commons the 27. of December, 1643. I finde these words. It feareth me that a great part of the people of this land are still fond of a formall service, and a proud Prelacie; and yet the Covenant which apparently professes a finall extirpation of them both, had found such acceptance, that I beleeve there is scarce one man in a hundred throughout all London but hath subscribed to it; however I am fully of the same opinion, and verily conceive that from the carriage and effect of this businesse only, it may cleerly he observed, how easily multitudes of men will permit ship wracke to be made of their soules, and consequently how incongruous and dangerous a way of proceeding it is, to joyne profit or preferment, hopes or feares, threats or force to worke upon the conscience; for although the Covenant hath passed thus currantly, I finde notwithstanding by discourse that the greatest part of people are little weaned from the present Service Booke, and wish better to Episcopacie a little reformed, I meane the rigour of it only, with some small supersfuities of the Lordlinesse, and that it should still remain Diocesan, rather then Presbyteriall, or any other Church government whatsoever; but for such as hold with independencie how their stomacks can throughly digest the Covenant, I cannot any wayes imagine.

I know that much is said and done in many places in behalfe of uniformity, a Nationall Church and Covenant; which things indeed carry a great shew of wisdome in wil-worship, as the Apostle saith, Col. 3. 23. were it not that our Saviour told us. That in vaine they worship him, teaching for doctrines, the commandements of men, Matth. 15. 9.

But wherefore such labouring in vaine, and striving against the streame to obtaine a superficies, and false lustre of a Nationall Church? Doe we thinke that Gods salvation is also Nationall? Surely if the seven thousand which never bowed knee to Baal, had been in a body, Eliah would have knowne them better;1 K 19. we see indeed that they have all the face or shew of Mahumetans in Turkie, Papists in Spaine, and Lutherans in Germany, but this is the worke of man and not of God; and though the power of flesh is such to keep the purity and saving knowledge of the Gospel from them, they will be sure enough to rise up in judgement, and with their uncircumcised hearts, and law of nature, condemne the tyranny of those that kept it from them. And they allege also the great reformations wrought by Ataxerxes, Ezra 7. 23. (and other good Kings under the the Law) who said, Whatsoever is commanded by the God of heaven, let it be diligently done for the house of the God of heaven; and many still crie out aloud upon a reformation of Religion, or building up the mysticall Temple under the Gospel, after the same manner by fire and sword,The following marginalia text is unreadable and Liberty Fund has made no effort to partially transcribe it. never remembring, that there was expresse order and direction from God himselfe concerning every thing about the first Temple, not a pin excepted, whereas many of latter times, out of greater eagernesse to have the worke done, then care and consideration to the well doing, have put their owne commandment afoot instead of Gods, requiring judgement to be executed speedily upon them that disobeyed, whether it were to death or to banishment, to consiscation of goods or imprisonment, with as much confidence, as though the Prophet Ezra had purposely recorded it, not so much that God might be glorified in Artaxerxes great carefulnesse, and just commands for beautifying of his Temple, as to countenance their owne wil-worship and inventions.

But did God ever say to any Christian people as he did to Abraham, Gen. 17. 8. I will give unto thee and thy seed thy neighbours Country, whose inhabitants were without the Covenant of workes, for an everlasting possession? How much lesse does God give thee the confiscation of thy brothers estate, whom thou wilt perhaps acknowledge to be within, and canst not possibly prove to be without the covenant of Grace, because he differs from thee in opinion, or some cases of conscience only? Did God ever say to Christians as he did to Abraham, v. 14. The uncircumcised man-childe shall be cut off from his people? If Christians have any command equivolent hereunto, why is it not impartially put in execution? If they have not, who shall answer for such as have beene persecuted or put to death without it? But as whatsoever God hath commanded should be punctually done; so what God hath not commanded, ought not to be done: the adding to in Deuteronomy, Deut. 12. 32. and Johns Revelation, Rev. 22. 18. is as much forbidden, as the taking from it; and Salomon sayes, Prov. 30. 6. Adde thou not unto the words of God, lest he reprove thee, and thou be found liar. I am confident it cannot be denied, but that the endeavouring and practice of coercive power to sway the conscience in any kinde, is for the most part either expressively, or by undeniable consequence quite contrary to the principall intention and letter throughout the whole Scripture, in which respect if there were some few texts or passages which might seem to colour it, yet they ought to be so much more deliberately considered and pondered on for the honour we owe to Gods truth, and charity to our neghbour.

In Matthews Gospel cap. 28. 20. it is said, Teach them to observe all things whatsoever I have commanded you; But I doe not finde persecution to have been expressely commanded in any place of the Gospel: and whereas some would infer it from the words,The following marginalia text is unreadable and Liberty Fund has made no effort to partially transcribe it. Let all things be done decently and in order, as by the coherence with the whole Chapter it appeares plainly to relate only unto the orderly proceeding & behaviour in their assemblies or publick meetings; so it possibly cannot be made appear from hence, that there is, or ought to be a power to persecute or put to death, for then this conclusion would follow, that the Church of Corinth had commission given them to put a man to death only for indecencie, or for having done any thing which was unseemly or out of order; but this would be both a great absurdity, injustice and blasphemy to affirme: againe, Let all things be done decently and in order cannot possibly signifie, or imply a power or order of fining, imprisoning, and putting to death, unlesse you will say, that the Apostles, Disciples, and all Christian Churches, especially that of Corinth had the same power, and then you must either say that there was no delinquencie to proceed against in a coercive way, which is notoriously false, or else you must condemn them all, because they did not practise it at any time; for as the precept or command was given to the Church and Saints of Corinth, so Pauls meaning and intention must needs be, that they of all others should observe and practise it fully and punctually in all things that it might have been a president to others: and lastly, that the commission of decencie and order in all things was given unto the Church of Corinth, is plaine,The following marginalia text is unreadable and Liberty Fund has made no effort to partially transcribe it. since the whole Epistle is directed to them particularly, and by name, but it was written for instruction, and concerned equally all the Disciples & Churches of Christ, both then living, and us, as S. Paul saies, On whom the ends of the world are come: now it is grosse and preposterous to think or say, that Paul gave the Church of Corinth such commission, that is, an order or authority to use coercive power for the better prevailing that all things might be done decently and in order, because he knew they wanted, and could not have the assistance of the civill Magistrate thereunto; and if the coercive was not intended to them, much lesse to future Churches, who have only received the same commission after so many reversions, and can not pretend that the words thereof should have a different or larger signification in our favour, then was meant unto the Corinthians, unto whom it was immediately directed; and we may well presume that if it had signified a compulsive or Lordly jurisdiction, to have been put in execution by Christian Churches or Common-wealths in after ages, which cannot be because of so many absurd consequences which follow thereupon, yet dato & non concesso, in such case I say, the Apostles and primitive Christians, though they themselves had wanted coercive meanes and power, would not withstanding infallibly have left some ground or warrant inserted in the letter of the Gospel, to be conveyed successively unto posterity, for their better direction in a businesse of such concernment, and so great obscurity in that sense which is objected; but if the point be intricate or dubious, the safest way is to proceed no further then we have a precept or president of our Saviour or his Apostles to warrant us, especially in matters of so high a nature, as are the worship and service of God Almighty, the Discipline of his House, and tender consciences of his dearest Saints.

In the Gospel we meet with Bishops,1 Tim. 3. 12. 4. 14. a Presbytery, Elders, Deacons, Apostles, Evangelists, Disciples, Prophets, strange tongues, and Interpreters of tongues, Elders that rule well, and labour in the Ministery, some to take care of poore widowes,Tit. 1. 5. others for exhortation, Pastors, Teachers for perfecting of the Saints, for the worke of the Ministery, for the edifying of the body of Christ untill we all come in the unity of the faith,1 Tim. 3. 8 5. 1 7. as St. Paul sayes: But what spirit of truth doe we ever meet with which saies that any of these were given for the corporall imprisoning, banishing, or putting to death the body of Christ,Act 6. beginning. which are his Saints, as of latter times too too often hath beene practised? where finde wee in the Gospel order or authority to convent, accuse and arraigne men with power of life and death for matters of religion or opinion only? this is but traditionall,Luke 10. 1 23. and far short from being Cannonicall and Christian; it is true we finde here a precept for endeavouring to accomplish a unity of faith in the Saints,1 Cor. 12. 10. or the Saints in the unity of faith, but this was neither universall nor nationall unity, as appeares afterwards,Eph 4. 11, 12, 13. where he sayes unto the same Ephesians, Walke not as other Gentiles walke in the vanity of their mindes, much lesse was any constraint or compulsion ordered or intended to be used,Rom. 12. 8 for then both they and all other Christian Churches had been bound to make all others walke with them in unity of faith, or to walke unto the gallowes;Verse 17. and the Apostles admonition in such case would have been both more proper and effectuall which the Ephesians, as such Church commanders pretend, if he had said, Walke not as other Gentiles, who because they will not walke with you in unity of Religion, and uniformity of discipline, are deservedly compelled to walke unto the gallowes.

Hath it not often been instilled into the eares of Princes, as Haman the great favourite did unto King Ahasuerus concerning the Jewes Gods people, who were then afflicted in captivity, and so abjectly contemptible, that they could not possibly be dangerous to the State? and yet proud Haman, Esther. 3. 8, 9. &c. only because a consciencious Mordecai was scrupulous and could not bow and doe reverence to him as the King commanded, informed his Majesty that there was a certaine people scattered abroad, and dispersed into all Provinces of his Kingdome, whose lawes were divers from all people, neither kept they the Kings lawes, and therefore it was not for the Kings profit to suffer them; in which respect, if it pleased his Majesty that letters might be writ for their destruction, he promised to pay ten thousand talents of silver into the Kings treasurie; hereupon the King consented to the Edict, that all of them men, women and children should be massacred, and for Hamans good counsell, remitted the ten thousand talents of silver, and gave him the poore Jews to boot, to be murdered in such a manner as his cruelty could best contrive: Oh how often hath this wicked advice of Haman been practised upon Gods best people in all parts of Christendome? for there are Puritanes both in Spaine and Italy, in greater numbers then ever appeared in England before this present Parliament, and permitted to meet and walke peaceably up and downe the streets together, more numerous then ever yet. I saw in London, may it, in Gods time, be spoken to the greater humbling, then shame of this Nation and all Protestants besides.

But how often thinke we may it have been suggested unto our Gracious Sovereignes, and insinuated unto the people, how disserviceable and dangerous the Puritanes were unto the State? surely not seldome, or else they would never have reduced so many thousands of them into a necessity of leaving the Land, and carry with them their gifts, arts, and manufactures into other Countries, to the greatest detriment of this Common-wealth, and yet far greater losse and judgement unto Gods Church in England: But what hath been the end of the grand Politicians and Persecuters? may it not be observed, that like Haman who was hanged on the gallowes, which he himselfe had caused to be set up for Mordecai, so many, nay, very many of the greatest that ever yet appeared enemies unto Gods people, have been taken in their own nets, and felt those penalties and proceedings, which they first invented and practised upon others? And as that villanons designe of Hamans, Est. 8. 8. through Gods providence proved so much more successefull unto the Jewes; in like manner may the sun-shine of Gods love have beene seene to breake out still more bright and comfortable towards such as in all times have been reproached for Puritanes, I may not say for any deserts or works of theirs, but through Gods most gracious providence, which as Mordecai foretold to Esther, cap. 4. 14. hath wrought enlargement and deliverance to them, though they perhaps may be said to have endeavoured it, not without many weaknesses and failings.

But since God both can and will finish his owne great work of Reformation in spight of all opposition,1 Cor. 10. 12. Let such as thinke they stand take heed lest they fall,Note. and may it be far from any of Gods good servants to imagine that God delivered them out of persecution to the end they might be inabled to persecute their brethren:The following marginalia text is unreadable and Liberty Fund has made no effort to partially transcribe it. Persecution is a sinne, a signe of the Church malignant, and no degree thereof dispensable by Popery, Episcopacie, or Presbytery, neither may God be thought to be the author of it, or countenance it further then he doth other sinnes by barely permitting them in wrath and judgement to chastise and scourge a sinfull people, the whole Kingdome did acknowledge it whilest Popery domineered, the greatest part are weary of it in Prelacie; O let Presbytery be forewarned thereby, and know that they have the same temptation which was common to both the other Governments,5. 10. and wherein they miscarried. The Jewes came out with swords and staves to apprehend our Saviour, but God never blessed them in it, nor sanctified them since to bring men in, and made profession of the Gospel. Let all the reasons, grounds and principles for a coercive power and discipline in matter of Religion be produced, and it will most evidently appeare how Presbytery cannot possibly alledge more, or better then what the Papacie and Prelacie first brought to light, all having the self same inbred matter and corruption in them, which infallibly, though not with equal posting, inclines them naturally to degenerate into tyranny & persecution, and the work which they all fight against,5. 39. being of God, cannot possibly be overthrowne, but will notwithstanding be brought about to the greater misery and confusion of all such, who if they would make strickt enquiry with an upright heart into the nature of such government, could not likely chuse, having felt or understood the bondage which this Kingdome hath already twice suffered under it, but see the malignant poyson and putrifaction which is bred and lyes lurking within the bowells thereof, and be weary of it; yet I forbeare to judge, and in all meeknesse beseech that they would be as backwards in judging others.

The Italians have a Proverbe that whosoever goes beyond his commission must run the hazard of it for his owne account; but for such who have no commission at all, and yet take away the liberty, livelihood, limbs and lives of their Christian brethren, and that for meere matter of conscience only, cannot amount to lesse then the shedding of innocent blould, that crying sinne, for which the Jewes remain still scattered upon the face of the earth untill this day: But have the Jews been thus afflicted for putting Christ to death, and a few of Gods Prophets only,The following marginalia text is unreadable and Liberty Fund has made no effort to partially transcribe it. how excessive then will be the torments of such Christian States which have persecuted and put to death thousands of Christians for every single soule which was executed by the Jews, and that principally because such Christians differed from them onely in opinion, when if they had been Turkes or Pagans they might likely have escaped? But you will say perhaps, that the Jews put Christ to death the ransome and Saviour of the whole world : I answer, That they knew him not to be Christ, and that the Jewes had then better grounds and warrant to put a blasphemer to death, and such they accounted Jesus,Lev. 16. then Christians have now: Secondly, I answer. That when Joseph perceived that his brethren were troubled in minde and grieved for having sold him into slavery, making himselfe knowne,Must 65. bid them not be grieved or angry with themselves,Gen. 3. 5. for that God had sent him before into Egypt to preserve their lives: and our Saviour after they had laid hands on him,Must 53, 5. and apprehending him, for the comfort no doubt of repentant Jewes, was pleased so say, That if he had prayed, his Father could have given him more then twelve legions of Angels, but then the Scriptures would not have been fulfilled, that it must be so, and that all was done that the Scriptures, of the Prophets might be fulfilled. In John we finde that therefore they could not beleeve because Esaias saith, He hath blinded their eyes, Joh. 12. 39. 40. And whereas the same Evangelist saith, 1 John 4. 20. He that loveth not his brother whom he hath seen, how shall he love God whom he hath not seen: So the Jews, though they saw Jesus and crucified him, yet they knew him not to be God, and by Johns way of arguing, were so much more to be excused, and the sinne of Christians aggravated, who doe not only know their brethren, but many times acknowledge that they setting aside the difference of opinion, have more eminent gifts and abilities then themselves, and yet will not forbeare to perplex and persecute them, and according to the principles which many of them hold and practise, had they been living in our Saviours dayes,The following marginalia text is unreadable and Liberty Fund has made no effort to partially transcribe it. they would have been far likelier to have crucified him, then were the Jews themselves: And who can resolve me, whether the penitent thiefe was not once guilty, and actually consenting unto Christs death? or whether such Christians as come short in nothing, but that they have not Christ on earth in their power, will not be one day found guilty of crucifying him againe, though they could not act it upon his person: besides the Saints are coheires with Christ, they are his beloved ones, his glory, his Spouse, nay they are his body, they are Christ himselfe, they are all Anointed of the Lord, and we are forbid to touch them: Oh let us not be longer guilty of persecuting the least of them: And whereas Saint Paul exhorted the Hebrewes that they should not be forgetfull to entertaine strangers, because some thereby had entertained Angels unawares; I humbly wish all Christian people would, in the feare of God, consider, whether in putting their Christian brethren to death for matters of conscience & Religion only, they do not run a thousand times greater hazard to spill the innocent bloud of Gods chosen people,Heb. 12. 23. his first born, whose names are written in heaven, and that it be imputed to them to have crucified the Lord himselfe againe, far more wilfully then the Jewes, because we crucifie him in his Saints,Matth. 25. 40. 45. our brethren, whom we have both seen and knowne.

It is said in the Acts, Act. 18. 12, 13, 14, 16. that when Gallio was Deputy of Achaiæ, the Jewes made insurrection with one accord against Paul, and brought him to the judgement seat, saying, This fellow perwadeth men to worship God contrary to the Law, but Gallio answered the Jews, and told them, if it were a matter of wrong or wicked lewdnesse, he would have done as equity required, and herewith drove them from the judgement seat: now though no doubt but God guided this proceeding of Gallio, that Paul might have the better opportunity to preach the Gospel, so is Gallio his judgement more remarkable, who at such a time and instant, as God had over him a speciall, and more then ordinary providence could say, (though it is likely that he regarded alike the Jewish and the Christian Religion,Note. yet we who are under the Gospel may especially learne it from him) that the worshiping of God in a different manner, though contrary to an established civill Law, according as men finde themselves bound in conscience, which must not he wavering or doubting, ought not to be interpreted or accounted as wicked lewdnesse, or a matter of wrong to those that were of another opinion, much lesse be punished as such.

The passage of Gamaliel, Act. cap. 5. and what he said to disswade the Jewes from persecuting the Apostles to death, is no lesse worth our serious consideration: The Apostles having cured and converted multitudes of people, vers.18. the high Priest and all that were with him being full of indignation, laid hands on the Apostles and put them into prison, but the Lord who never forsakes those that trust in him, sent an Angel and brought them out againe; the Apostles according as the Angel bid them, went into the Temple to teach the word of life, which when the Jewes understood, they caused them to be apprehended and brought before the Councell that they might be put to death: The Jewes having finished their accusations, and the Apostles answered what God inspired them with for their owne defence, Gamaliel one of the Councell, a Pharisie, a great Doctor of the Law, and in reputation among the people, having commanded the Apostles to withdraw, said unto them, vers. 35. Ye men of Israel, take heed to your selves what ye intend to doe concerning these men, and having given examples of Theudas, and Judas who for a while drawing much people to them, were afterwards dispersed, exhorted them to let the Apostles alone, saying, v. 38. 39. If this counsell or this worke be of God, ye cannot overthrew it, lest happily ye be found even to fight against God; and the Jewes agreed with him: I know that most men now adayes, either reflect little upon these Scriptures, or account both Gamaliel and Gallio to have plaid the worldly polititians in this businesse, and not being fervent in their owne Religion,Object. tooke care only to quiet the people for the present, alledging, that we must not live like those that say,Answ. let the world goe how it list, nor expect that God will relieve us when we lye still in the ditch, and cry God helpe us only;Riv. 3. 11 but I desire such to consider, that as the luke-warm are so distastefull unto God, that he hath declared himselfe to spue them out;Rom. 10. 2. so he hath also said, that men many times have a zeale without knowledge, and that the wrath of man workes not the righteousnesse of God,Jam. 2. 19. 20. for which cause James exhorts them to be slow to wrath.

Gamaliel and Gallio are not to be looked upon barely as polititians, who in that respect might be biased, & carried awry through their own private interest, or that of State, but their reason should be truly valued by men of moderate temper, not without zeale, the more the better so it be according to knowledge,Rom. 10. 2. but I mean such men as are not engaged to the contrary opinion: Gamaliels great argument was,Note. that the Jewes should forbeare to persecute the Apostles, because they ran a hazard of fighting against God, and this was no bare jealousie or phansie of Gamaliels, but a most sacred truth; for we finde that our Saviour told Paul before he was converted, that he persecuted him, whilest he held the garments of those that stoned Steven, and haled the Saints both men and women up and downe before Magistrates and into prison, Act. 9. 4. 5. and 22. and 23. chap. And it is yet further to be observed that these advices and counsells of Gallio and Gamaliel, were not only grounded upon policie, reason and Religion, but were in favour of the Apostles, and recorded by the Spirit of God, with the liberty and successe which ensued thereon in the Apostles freer preaching of the Gospell, which in a kinde of silent manner tells us they were guided by an especiall providence to become instruments of procuring Liberty of Conscience unto the Apostles, and remaine an example for all Christians to grant the like to one another.

Will it not be acknowledged that the Bishops in Queene Maries dayes, and since, persecuted many Christians, and therein resisted Christ instead of setting him up upon his throne? Yea some will say,Object. but they were Papists in Q. Maries dayes, and Episcopacie is Antichristian, but Presbyterie or some other government may be jure divino, and will only suppresse Heresies, and settle a uniformity in the Church of Christ:Answ. I answer, that the Bishops in Queen Maries dayes, and since, whether Papists or others, did then say as much, and with equall confidence in defence of their coercive proceedings for preventing Schismes, and establishing uniformity, and that they had Gods word to backe them in it, and though I am fully assured, that God hath been pleased to discover unto us since, a greater measure of his truth then ever, yet if a Presbytery, or other Ecclesiasticall government shall silence or persecute in whatsoever manner, such Christians as are conscientious, pious in their actions, zealous for God, and painfull in propagating of the Gospel, though they differ in opinion, and hold some points contrary to the current of the times, but are obedient to higher powers in civil matters that such should be persecuted whether by Presbyteriall or other government, I never yet heard other reason for it then what Antichrist himselfe alledged so long since, nor doe see any other likelihood from the politick constitution of this State, much lesse can finde evidence in Scripture, but it may run the hazard, that future times, when God shall please to enlighten us yet further, will acknowledge it to be erronious, that it will appear in the last day to have been a fighting against God, and persecuting of Christ, or at least a resisting and quenching of the Spirit and gifts of God, which are acknowledged to be in such men so silenced and opposed.

St. Paul in his Epistle to the Corinthians tells them, 1 Cor. 12. in the beginning, There are diversities of gifts, but one Spirit, one Lord, one God; to one, he saies, is given the word of wisdom, to an other the word of knowledge; to one faith, to an other the gift of healing; to one the gift of miracles, to an other prophesie; to one discerning of spirits, to an other divers kinds of tongues, and to an other the interpretation of tongues, but all these work by one and the selfe same Spirit: And though all these are gifts of the Spirit, and that there is not any one of these but a man may have it, and be a reprobate, for even of faith Paul himself saies, 1 Cor. 13. 2. though he had it in such a degree as he could remove mountaines, if he had not charity withall, he were nothing, yet it is said in the 7 verse of the 12 Chaper, That the manifestation of the Spirit in the diversity of gifts, is given to profit with, that is for the profit and benefit of the Church to which these gifts were to be communicated: now if all these gifts are from God, and if God gave them that they might be improved or dispenced unto all Nations; nay, since in the third verse of the same Chapter, it is revealed unto us, that no man can so much as say, That Jesus is the Lord but by the holy Ghost:Note. how can it be denied, but that the silencing or persecuting of any man that hath but one or more of these gifts in him, because he wants some others, or hath not all, is not a plaine suppressing of the Holy Ghost? which though given in a smaller measure (like him that had but one talent in the Gospel,Matth. 25. and was condemned to utter darknesse for not imploying it) or if it had extended only to the saying that Jesus is the Lord, were all given to profit by, and would doubtlesse effectually prove profitable, if they were not unwarrantably quenched.

Suppose I were of the faith generally professed in New England, and had a brother of the Presbyteriall Discipline in Scotland, who loving me as himselfe, desired nothing so much as to conforme me to his own opinion, I that am no whit inferiour to him in affection, that I may bee the better able to give account of my owne faith, free from the least doubting, but prepared to imbrace any truth which to me remains yet unrevealed, after I have tried it by the touchstone of Gods word; and made use of such other helpes as God hath given me, that I may be the stronger setled, and not seem obstinate in my opinion, but especially hoping hereby, as St. Paul, Rom. 9. 22. whilest he became all things to all men, to convince my brother in the errour of his wayes, I render my selfe complying upon his request, to heare or read whatsoever can bee said in the defence of Presbytery: Now when I have used all those lawfull meanes which he prescribed me, or could thinke any wayes available to reduce a man to that opinion, and tell him notwithstanding, that I finde not the least scruple or ground of doubting in that faith which before I made profession of; my brother, who sees no greater errour or weaknesse in me then in himselfe, hath nothing else to except against me, knowes that I cannot be of what religion or opinion I will my selfe, untill I be fully convinced about the truth thereof, and that a bare doubting in point of conscience, would bring damnation on me, can, I say, my brother Presbyter in such a case, upon good ground or reason, thinke I ought to be silenced or persecuted in any manner? Can there be a Law according to Gods word to punish me for what lay not in my power to remedy, nor may with a safe conscience be dissembled? But it will be said,Object. that this plyablenesse and readinesse to receive such truth as shall be discovered; may be counterfet and hypocriticall, and that such as Scripture and reason doe not convince, are wilfully obstinate, or in state of reprobation, though they know it not themselves: To this I answer,Answ. That though it be said of the Jewes, This people is waxed grosse,Act. 28. 27 and their eares are dull of hearing, and their eyes have they closed; lest they should see with their eyes, and heare with their eares, and understand with their heart, and should be converted, and I should heale them, yet it was not meant that every one of that Nation was hardned,Luke 6. 43, 44. or of any particular person that he could be a distinguished from the rest, nay it is plaine, there are no signes or tokens given us infallibly to know an obstinate or reprobate heart by, for though it be said,Act 22. A good tree doth not bring forth had fruit, & you shall know the tree by the fruit, and that of thornes men do not gather figs, nor of bramble bushes grapes; yet we know that Paul persecuted, & was a blasphemer to the last,Joh. 6. 44. even till he was vocally called by Christ from heaven; and the same Christ when he was on earth said, No man can come unto me except the Father draw him, and therefore we have expresse order to judge nothing before the time,1 Cor. 4. 5. untill the Lord come who will bring to light the hidden things of darknesse; and St. Paul saies, Rom. 14. 4. Who are thou that judgest an other mans servant, to his owne master he standeth or falleth, yea he shall be upheld, for God is able to make him stand?

We finde in Matthew, Matth. 17. 5. that the Apostles heard a voice from heaven, saying, This is my beloved Son in whom I am well pleased, heare ye him: And our Saviour bid them tell no body thereof till he was risen again from the dead: whence we may be informed, that Hear ye him, was not said so much to the Apostles themselves, as to all Christians in their generations to the end of the world; for if that vision, and that doctrine of Heare ye Christ, be not to be taught till after our Saviour be risen from the dead, after which time he had but a few dayes to spend amongst them on earth, then must it follow, That it is Christ still that speaks to us in his Gospel,Matth: 28. 18. and by the Ministers of his Gospel, the power which the Ministers of the Church have, is the power of Christ, who is the head of the Church, and though Christ as he is God, hath power equall with God, and all power was given unto him in Heaven and in Earth;Joh. 18. 36 yet as he said his Kingdom was not of this world, so neither may the Church imploy the power of the world, or use such coercive meanes in the government of his Kingdome, as men be forced to performe outward obedience for feare, and doe what they doe for the Church or civill powers sake, and not for Christs, like unto those people who are led to worship the Divell, lest he should doe them hurt.

And as in a politicke State, it is not safe to suffer a penny to be taken or forced from any man in an illegall way; so much lesse may an Ecclesiasticall government and power, or the Church of Christ extend their jurisdiction beyond the expresse and precise warrant of the Scripture Law, for Christs power being unlimited as he was God and Man, whosoever layes claim there unto to exercise it according to any other rule, subjects himself to the greatest temptation of becomming a boundlesse Tyrant, and the people to be enthralled by the most arbitrary and wretched tyranny and vassallage of any under heaven: 1. Because they that take upon them this supremacie of expounding Scripture whether in doctrine or discipline must say in effect, or infer by their proceedings, that their dictates are the infallible truths of God, otherwise men will be apt to think they had as good beleeve their own: Secondly, that it is infallibly Gods wil to have those dictates of theirs to be forced upon mens consciences: and thirdly, that they are infallibly called thereunto, & guided by Gods Spirit to see them executed; all which are the darling reasons and tenets of the Papacie to uphold the spirituall Scepter, greater they cannot be, the very Power and Spirit of God himselfe, as they pretend, and lesse would not be colour enough to force the people to receive them: Now I shall leave it to every understanding Christian to thinke and judge,Note. whether such as exercise the same dominion and power over the conscience which the Pope does, and not give the same, or as good a reason for it, may not be thought greater tyrants and usurpers in requiring such obedience and implicite faith to their owne abilities and strength, which the Pope is so modest as to acknowledge only due to an infallibility, and that infallibility to be from God?

In civill affaires we see by experience that every man most commonly understands best his owne businesse, and such as doe not, but rely upon the managing and foresight of others, be they of what calling or condition soever, in a few yeares run out at heels, to the utter undoing of themselves and whole families; besides we should thinke it a most grosse solecisme, and extravagant course in any State which did make Laws and Statutes, that the Subject might not goe about and dispatch his worldly businesse, save in one generall prescript forme and manner, as a thing most irrationall and inequitable, because it cannot possibly be sutable to the infinite occasions and interests of a Kingdome, or lesser people: Nay, why are not all Arts and Sciences thus manacled, if Divinity may be so much improved thereby? why have not each of them their respective theses, positions, and conclusions limited and assigned them? why are Physitians permitted to make experiments,The following marginalia text is unreadable and Liberty Fund has made no effort to partially transcribe it. and kill men after what fashion they please? Surely this kinde of Inquisition, Government and Discipline, should first have practised upon other Arts and Sciences, without daring to tamper with Theologie and Conscience, before it had proceeded master of all the rest: Besides, as our Saviour in the Parable, where the more early labourers murmured that the latter commers should have equall reward with them, said, Is it not lawfull for me to do what I will with mine own? So we know that every man is desirous to doe with his owne as he thinks good himselfe,Ver. 13. (especially when others receive no wrong thereby, as in the said Parable) and if it thrive not in his owne way, he may thanke himselfe, and will like better of it, and be content with what he does himselfe though it prove ill not so, if others have the manage and ordering of it against his own desire: but in spirituall matters it holdeth much stronger, and concernes men to be more circumspect and warie, as the good or ill thereof readeth unto eternity: wherefore since it is as possible for them or him to erre,4. who take upon them to conduct me to heaven, as I my selfe, since it is granted that I must give account, repent and beleeve for my selfe, and cannot doe either by proxie;2. since no man knoweth the things of a man, save the spirit of the same man which is within him; since my salvation ought to be more deare unto my selfe then to any else; since if I miscarry through mine owne choice and will, I shall easier acknowledge my destruction to be from my selfe, and declare Gods judgements to be just; If I perish by mine own folly, tis the losse of one, but if misled by others, we all fall into the ditch together, with an aggravation of our condemnation, to me that relyed finally upon others in a businesse of the greatest concernment that possibly could befall me, without other possibility or assurance of doing well, than by an implicite faith; and to them that tooke upon them to be guide and pilote unto others in a coercive way especially, when they knew not how to save themselves. For all these respects, and infinite others which might be heaped up, I desire every Christian heart, in the feare of God, to consider, and revolve in his saddest and most retired thoughts, whether it be not a much safer way in spirituall affaires, for every particular man to understand his owne estate betwixt God and himselfe, and manage his own busines; whether it be not a greater infringement of Christian libertie and proprietie, to have burdens and impositions layd upon the conscience, whereby a poore soule lives in hatefull bondage upon earth, and subjects it selfe unto perpetuall torments in hell hereafter, without a meanes or possibility to helpe himselfe, though he be sensible of the miserable state and condition wherein he is, or apprehend the inevitable destruction whereto they lead him?

If the redeeming civill rights and priviledges which hath made this present Parliament so deare, be acceptable in so high a nature as to engage the Kingdome in a war for their defence; how much more will the Liberty of Conscience, which transcends the other, as far as spirituall liberty does temporall, engage it still further at their devotions? The civill Lawes permit Subjects to defend their estates with Swords and Guns; but what kinde of Laws are those which expose men naked, to have their Religion and Consciences assaulted? The civility of the French Nation is such, that in regard the Protestants, though they have a liberty of profession, being most commonly fewer in number in what ever company they happen, lest the Protestants should therewith be adash’d as wanting courage, and not enjoy an equall liberty and freedome of conversation with the Papists; in this respect, they are so temperate and discreet, that it is held an unseemly and uncivill part, for a Papist to aske an other what Religion he is of; whereas in England it is ordinary with Protestants, to reproach one another with the nick-name of Puritan or Separatist, Presbyterian or Independent, even those which we cannot but acknowledge to be conscientious and jealous of offending God in any thing, and that which renders us inexcusable, is, that many times when we cannot colourably fix any of these distinctions upon a man, who differs from us in opinion, or discourse only, we are so apt to terme him malignant or Popishly affected, though never any Law was yet made to declare them such.

It is usuall with gamesters to say they had rather lose their own money, then that others’ should lose it for them; and surely if we took as much delight in saving our soules, as gamesters doe in losing of their money, we would quickly chuse to hazard the losse of our owne souls ourselves, rather then forgoe the present joy and comfort of endeavouring the salvation of them by our owne, and not by an implicite faith.

Parents or such as beare affection, when God pleases to call their friends or children out of this world by sicknesse, have great contentment, that they were neare at hand to send for the Physitians, and provide such remedies, as if God had pleased, were likeliest to prevail for their recovery; how much more then will it encrease the miseries of the damned, when they shall thinke and see how foolish and sottish they have been, to take no care or thought of making their salvation sure, by trying of the spirits, and searching whether they were in the truth or no? How will children curse their parents, servants their masters, and whole Nations the State and Government wherein they were borne and bred,1 The 21. which instead of teaching them to prove all things and hold fast that which is good, have brought them up in blinde devotion, and superstitious idolizing of whatsoever their ancestors or themselves beleeved, saying, they ought to be wise unto sobriety, and not preferre their owne studies or judgements, before the Acts and Cannons of Synods and whole Kingdomes? It is true that Christ promised he would send the Spirit which should lead them into all truth,Joh. 11. 13. and that where two or three be gathered together in his name he will be in the midst of them; from whence, and such like Scriptures it will follow, that a Church,The following marginalia text is unreadable and Liberty Fund has made no effort to partially transcribe it. Synod or Councell cannot erre in fundamentalls, no more then an elect Christian fall finally from grace, so long as such a Synod, or Church keeps close unto the Scriptures, and herein all Christians agree, and joyne in one confession, that the Bible is the very truth and word of God, but when a Protestant Synod or Papall Councell shall goe further, and Paraphrase, make Inferences, Consequences, Conclusions, Canons, and the like; or say, this is the genuine, full and only sense and meaning of such a Text, and not as their respective adversaries object, herein they are both, though not equally, in a possibility of erring, and cannot be infallibly sure of truth, but as each of them is apt to abound in their own sense, thinking their peculiar exposition truest, and cannot chuse but be swayed therewith, so ought they equally, to leave all such as differ from them, as large a liberty and freedome to enjoy their owne opinions; for though the Members of one Synod may be more learned, wise, and outwardly conscientious, and zealous in Religion then another, yet these are no infallible grounds, and tokens of Gods greater illumination and presence with one, then with the other, and though a third and more superiour Synod, should see that one of the two former is in an errour, and advise them that they shall do well to assent unto the other, yet this Synod which hath two to one against it selfe, neither may, nor can forsake their owne opinions, upon the bare authority of the other two, before they see cleare evidence in Scripture, whereby their owne reason findes it selfe convinced: And since in that text according to John the Evangelist afore mentioned, where it is said, cap. 16. 13, 14, 15. The Spirit shall lead them into all truth; it appears, that, that truth is no other, then what the blessed Spirit had heard and received of Christs, then much lesse may frail mankinde whether assembled in a Synod, or otherwise, thinke any thing of their owne addition, or but varied in the least tittle, to be infallible, or of equall authority with Scripture: nay, since neither Christ, nor his Disciples thought good to force men to receive their Gospel, how much more presumptuous is it in men of the same passions and infirmities with others, to impose Cannons and resolutions upon the consciences of their brethren?

Christ said unto his Disciples, Matth. 7. 6. Give not that which is holy unto dogs, neither cast your pearles before swine lest they trample them under their feet: and when a woman of Canaan besought him, unto whom upon the third motion, he answered, cap. 15. 26, 28. O woman great is thy faith; yet upon her first and second deprecation, she could obtaine no better answer, then, It is not meet to take the childrens bread, and cast it unto dogs: And in Davids Psalmes, Psal. 50 16, 17. God said unto the wicked, What hast thou to doe to take my Covenant into thy mouth, seeing thou hatest instruction, and castest my words behinde thee? Yet these Persecutors and Inquisitors, which compell others to communion with them, doe not barely prostitute the sacred Ordinances of God, by affable enticing and alluring a mixt multitude to abuse them, but far more unnaturally, and with greater impiety, because spirituall, then those of Sodome tempt, provoke and force them by so many severall wayes, to ravish and deflowre the Church their spirituall Mother, and dearest Spouse of Christ: Nay, suppose Christ Jesus himselfe should come againe personally, and live amongst us upon earth, I would very faine be assured, how he might be free of being persecuted, and crucified againe, according to the principalls of such government, if he should either worke miracles, or teach, or speake any thing besides the rule of mans inventions, or above the capacity of our fraile and carnall apprehensions.

It is acknowledged that St. Paul sayes, Rom. 13. 1. Let every soule be subject unto the higher powers; but this only is meant in civill matters, and not such as may concerne the inward governing and reglement of the soul, or affect the conscience with remorse and guiltinesse; for first, we finde in severall other texts, that if the difference be between Gods prerogative, and the powers on earth, It is better to obey God then man;Act. 5. 2 and that Paul meant no lesse, appears clearly in the same Chaper, where he sayes Rom. 13. 5. Ye must needs be subject, not only for wrath, but also for conscience sake, which cannot possibly succeed, if they commanded any thing contrary to conscience, or the divine Supremacy, unto which only, as it is acknowledged even by the light of Nature, the conscience is primarily subject, and not unto any other Law or Court, without expresse warrant and dispensation. Secondly, though we must be subject unto all Powers, because the Powers and Ministers are of God, yet we are not bound to be subject to any of them, farther then their known respective powers extend, for the power which is assumed beyond their bounds is not of God, and so the reason which Paul urges, why we must be obedient falls to ground, I meane in respect of active obedience, and for passive, especially towards those that are supreme, I refer the Reader to such as have so lately argued it so largely.

I desire not to seem as thinking that Christians may live as they list, for when Paul told the Galatians, Gal. 5. 13. that they were called unto liberty, he bid them withall, not use it for an occasion to the flesh; or that government is ever a whit the lesse necessary in any Church, State, or Common-wealth, for even a Corporation, or family cannot well subsist without it: but it may not be imagined, that God did not prescribe and leave expresse warrant, how he would have his owne house governed. Paul tells Timothy that he wrote those things unto him, hoping to come in person shortly, but in case he tarried longer that Timothy might know how he ought to behave himselfe in the house of God, 1 Tim. 2. 14. and as Paul thought these directions enough, and Timothy might not goe beyond commission, so neither may we imploy any other means, or instruments to uphold Christs government or houshold, then such as were by him prescribed, which St. Paul sayes, 2 Cor. 10. 4, 5. are only Spirituall, but mighty through God to the pulling downe of strong holds, casting downe imaginations, and every high thing which exalteth it selfe against the knowledge of God; and bringing into captivity every thought to the obedience of Christ: And he said to the Ephesians, Put on the armour of God that you may be able to stand against the wiles of the divell, for we wrestle not against flesh and bloud, but against the rulers of darknesse of this world, against spirituall wickednesse in high places, Eph. 6. 11, 12. The armour prescribed by him was only spirituall, and therefore their enemies cannot be imagined otherwise then spirituall. But if civill powers, or others, have authority in matters of Religion, then their commands and Laws in that respect, must be as absolute, as in any other, and ought equally to be obeyed, which would ingage the whole Kingdome still to the Discipline of the Common-Prayer-Book, and government of Episcopacy which for the present stand established by sundry Acts of Parliament unrepealed; and all Puritans, Non-conformists or Protestant separatists of what sort soever, are as subject to persecution as any Papists, which appears by the respective Acts themselves in that behalfe, 2. and 3. Edw. 6. cap. 5. and 6. Edw. 6. cap. 1. 1. Eliz. cap. 2. And if Subjects may say that Episcopacie and the Service-Booke are Antichristian, contrary to the word of God, and may be their own judges in that respect, what hinders but they may say so too concerning Presbytery, or any other government? Wherefore there remaines no medium, either a Liberty of Conscience must be permitted us to enjoy our owne opinions in matters of Religion, or else there is a necessity of being liable and subject against Conscience, whensoever the civill powers which surely are no more infallible then Ecclesiasticall, shall happen to enact or stablish any thing else, lesse consonant and agreeing to the word of God.

And whereas the 15. Chapter of the Acts is commonly alledged, from whence they deduce the authority and use of Synods, with a supremacie of power in matters Ecclesiasticall, I say that whatsoever is pretended from thence in behalfe of Synods, Papists have long since said the same, and far more in favour of their Generall Councells, but that there is no ground at all in that place, neither for Synods, or Generall Councells, in that way which is pretended by either of them, besides sundry others, will manifestly appeare by these few reasons: First, because Paul and Barnabas with the others sent from Antioch, did not appeare as Commissioners or Representatives at the consultation of Jerusalem,Act. 15. 4. 5. jointly to consult with the Apostles and Elders about the matter in question, but only made relation of their message, as bare messengers. 2. The Text it selfe saies, they should go to Jerusalem unto the Apostles and Elders about this question,Vers. 2. and not unto a Synod. Thirdly, the Apostles and Elders of Jerusalem only, came together to consider of the businesse, as appeares by collating vers. 6. with vers. 2. and 4. the multitude which were then present,Vers. 12. being perhaps standers by, as I may so say, or rather the Brethren also, who if they did consult in v. 23. they were the Brethren of Jerusalem, the naming whereof evidences more plainly, that there were no others who consulted. Fourthly, Syria and Cilicia had no Commissioners there, for if they had, they would have been named as well as Paul and Barnabas, when the Apostles, Elders and Brethren of Jerusalem wrote their letters,Vers. 23. and the decree should have been published in the name of the Commissioners, and Representatives of Antioch, Syria, Cilicia, and all others that did consult, as well as of the Apostles, Elders, and Brethren of Jerusalem, had they been all assembled in a Synod, and so much more would it have obliged their respective Churches, whom they represented: But perhaps it may be not improbably conjectured that Paul and Barnabas as they passed from Antioch through Cilicia and Syria, understanding that the Churches there were no lesse disquieted with the same false doctrines, of their own accords informed the Apostles, Elders and Brethren of Jerusalem so much at some more private season, whereupon they joyned them together in their Christian care, and directed their letters joyntly to all the Gentiles of Antioch, Syria and Cilicia, because it was equally available to them all, though the question was only moved by those of Antioch. Fifthly, the Apostles and Elders answer of Jerusalem does not imply any necessity of those other Churches submission unto their determination, otherwise then infallibly inspired men, as appears by ver. 28. Sixtly, the result of the Assembly, was not published, nor the letters wrote as from a Synod, but in the name of the Church of Jerusalem to the Churches of Antioch, Syria and Cilicia; for it saies vers. 22. It pleased the Apostles and Elders with the whole Church to send chosen men, &c. and vers. 23. The Apostles and Elders and Brethren send greeting, whereas had they been assembled in Pontificalibus or as a Synod, they would never have termed themselves by the denomination of a Church: And seventhly, they imposed not their decrees with Anathema’s, or upon the Churches utmost perill of fire and sword, besides whatsoever was then decreed by that pretended Synod, was only that Christians should abstaine from meats offered unto Idols, from bloud,Vers. 27. things strangled and from fornication; with an expresse preamble,Vers. 28. That it seemed good to the Holy Ghost and them not to lay any greater burden then those necessary things, but the meat offered unto Idolls was quickly dispenced with,1 Cor. 8. 8. and 10. Chap. and for bloud and things strangled, we take liberty unto our selves; but if Synods and civill Magistrates would raise no further impositions, for matters of Religion, nor impose other penalties then are there specified, it would not be so burdensome, or so slavish a bondage to Gods Saints, and most conscientious Christians, as they have been faine to prevent by flight, or live under, to the great vexation of their soules, and perhaps not altogether without a doubting conscience.

But why doe not Synods begin all their decrees, with, It pleaseth the Holy Ghost and us? &c. this me thinks is more plausible and easier to be beleeved, then the forcing of their decrees and votes upon others can be digested; for if any man tell me, he is sometime miraculously inspired, I have no infallible means to disprove him, though it were false, and sometimes I may see just inducements to beleeve him, but I cannot possibly beleeve what he propounds unto me, contrary to mine owne reason and understanding; and yet though the Apostles, Elders, and Church of Christ in Jerusalem, were immediately inspired, and spake in the Holy Ghosts name, yet they fixed not to their decrees any other conjuration or threatnings,Act 15. 29 then, If you doe these things, you shall doe well.

Gregory Nazienzen could say that he never saw good end of Generall Councells;Nazienz. ad Preco. Epist. 55. Grotii [Editor: illegible word] cap. 6, p. 108. and Hugo Grotius in these latter times, both eminent for learning, and a friend to the Church Government of the united Provinces, does not withstanding affirm, that he could never understand how Synods can prove a singular remedy for reconciling differences in Religion: and indeed as it may easily be observed, that Generall Councells and Synods, have seldome had good successe, so for the most part, it may easily appeare, that there could not much better be expected, for commonly the choice of such as were sent thither, was factious or siding at the least, and the whole proceedings accordingly, they sought rather to decide matters by a major part of voyces, then by mature debating and arguing of the question, they did take advantages as well for alledging their owne reasons, as concealing, or over-shadowing the reasons of such as were of contrary opinions, that they might not be heard, debated, or throughly understood, and being in all respects watchfull, how they might with craft and subtilty circumvent, and over reach one another, to compasse their private interests, or indirect ends, which the respective parties that sent them thither did principally aime at, amongst other stratagems and pollicies, it hath not been the least to lay hold of such times and seasons, to make their motions or forbeare, when such, or such were present or absent, which might best further or hinder, by seconding or contradicting of their arguments.

But by Histories and Records of what passed betwixt all the Protestant Nations almost, since the Reformation, it appears plainly, that though in some Countries, and at some times, when certaine hot spirits were predominant, there hath been for a spirt, very bitter persecuting of Protestants for difference in Religion, yet their opinions and intentions when considerately resolved were still settled for Liberty of Conscience; and Calvin tells us,Instit. lib. 4. cap. 11. sect. 3. That the holy Bishops [of ancient times] did not exercise their authority in fining, imprisoning, and civill punishments, and for his owne judgement in this particular, he saies,Ibid. sect. 16. Though he write a whole tract about punishing of Heretickes, yet he could not chuse but acknowledge so much truth in a few lines only as confutes the whole Treatise, where he tells us, That as the Church hath no power of forcing of its owne, so neither may it require such of civill Magistrates, to imploy it in a coercive way: And Beza, God never gave power to man for imposing Lawes upon the Conscience, nor can endure that any body besides himselfe should beare sway or dominion over the mindes of men, de Hæret. à Civil. Magist. puniendis. The States of the united Provinces, when they first began to free themselves from the Spanish tyranny, declared, That they took not up Armes for matter of Religion, as appears by letters which the States of Holland at that time wrote unto those of Amsterdam, quoted by Hugo Grotius in his Apologie, of those that governed Holland,Cap. 2. 24. and the neighbouring Nations in 1618. for then Amsterdam, and severall other chiefe Townes were absolutely Popish for matter of Religion; and yet all those Provinces and severall Townes did unanimously agree, that, though they joyned their force against the Spaniard and common enemy, for redemption and maintenance of their priviledges and immunities, yet the liberty and freedome of Conscience should be reserved to all, and each of them respectively: The Protestants of Switzerland and Germany have published to the same purpose in their Confessions and Manifesto’s, and even of latter yeares, when the Synod of Dort was first thought on to be assembled, most of the States and Townes declared themselves before hand, that it was not their intentions that the said Synod should oblige them unto any thing that was not agreeable to their laws and government, which, as I said before, had abundantly established and ratified a Liberty of Conscience to every particular person that inhabited amongst them: And though upon the determination of the same Synod, in the point of Predestination against Arminians, there ensued suddenly in some few places by the instigation of a most violent party, seconded by the Prince, a fierce persecution and banishment of divers Ministers and others which were of that opinion, with a totall silencing and inhibiting them to preach, yet they were quickly restored againe, and have now their places of publicke meetings, and greater liberty then ever, and that in Amsterdam and Utreckt, where they had suffered most, to the very change and alteration of their government, as may be seen more at large in Grotius his Apologie: But the States of Frisia in July 1622. put out a severe edict which is to be seen in Print, that none of the Dort Synod decrees should be put in execution throughout their jurisdiction, untill they were by themselves, in their owne Courts and Magistrates approved on; and in fine, I doe not finde so much as any one place, or City throughout the united Provinces, where any one decree which that Synod passed, is at present coercively enforced upon the inhabitants in any kinde; but contrarywise it is well knowne to all, how they permit people of all Religions to live amongst them, and though they have continuall wars with Spain, and Papists in some Towns amongst them have more liberty then in others, yet every where their freedome is great, and though in some places they are one fourth or one halfe part Papists, yet doe not the States subject themselves to be terrified or troubled with jealousies or other plots and treacheries then in punishing the authours at such times as they happen to be discovered; I wish it were well weighed, whether the great liberty and freedome of the Gospel which they permit, That Christ be preached whether through contention or of goodwill,18. as Paul desired, and rejoyced at, may not be a great meanes to prevaile with God Almighty thus to prosper them although they may otherwise have failings and weaknesses, which worldly and carnall policies are most apt to bee overtaken with.

If the whole manner of Gods worship were revealed unto us, or any State or Church, and that such a Church or State could be certaine to be in the present possession, and practise of the whole truth, without any mixture of superstition and Idolatry, then would there be far more colour and ground for erecting an Inquisition Office, or Spirituall Court to bring a Nation, a Countrey, or all Christendome unto a uniformity both of Discipline and Doctrine, but this appeares plainly to be otherwise in both respects: First, no Church can possibly be sure to be without a mixture of errour and superstition, in that it is necessary there should be heresies, that they which are approved might be made manifest,The following marginalia text is unreadable and Liberty Fund has made no effort to partially transcribe it. and besides we are foretold that there shall be false Christs and false Prophets, and for that cause we are commanded to trie the Spirits whether they be of God or no: Then secondly, God is pleased only to discover the Gospel to us by peecemeals, as we become worthy and capable of the mysteries and truth thereof, which our Saviour testifies in John, John 16. 12, 13. I have yet many things to say unto you, but you cannot beare them now, howbeit when the Spirit of truth is come, He will guide you into all truth: Now though the Spirit which is the Holy Ghost be come, and is with his Saints unto the end of the world, teaching and instructing them in so many wholesome truths, as are sufficient for their salvation, yet most evident it is that God still discovers new truths or a greater measure of the same truths by obedience, unto which he intends to bring unto salvation such as are then living, or to be borne hereafter; and this appeares further from St. Pauls words to the Corinthians, where he saies, We know but in part, and when I was a childe I spake as a childe, understood and thought as a childe, but when I became a man, I put away childish things, 1 Cor. 13. 9. 11. Strong meat belongeth to men that are of a full age, Heb. 5. 13. In another place, Who is sufficient for these things? And I have sed you with milke and not with meat, for hitherto yee were not able to beare it, neither yet are ye able, for ye are yet carnall: And of himselfe though he were extraordinary and miraculously gifted out of a sanctified zeale magnifying himselfe unto the Philipians, he saies, Not as though I were already perfect, but forgetting these things which are behinde, and reaching forth unto those things which are before, I presse towards the marke, &c. Phil. 13. 12, 13. 14. Besides, if all Christians were equally enlightned, and had the same measure and strength of faith and knowledge, it would have been needlesse for the Apostle to exhort as to beare with one another, there would have been no occasion for such as are strong to comport the weak, nor all in generall to bear one anothers burden, which is required of us as the fulfilling of the Law of Christ, Rom. 15. 1. Gal. 6. 2. But the same cause which made the Corinthians incapable of meat, such further truths and mysteries as St. Paul had to discover unto them, resides in us doubtlesse, and that in as great a measure, which is carnality, and consequently witholds Gods Spirit from revealing a great part of his blessed will unto us, otherwise then as we grow lesse carnally minded, and more spirituall.

And whereas it will be said by some,The following marginalia text is unreadable and Liberty Fund has made no effort to partially transcribe it. that they have all the principalls and fundamentalls of Religion revealed unto them, whereby they may be wise unto salvation, which is as much as they are obliged to, and desire no more: I crave leave to answer such with another question or two, and aske, Doe you not sometimes pray, that Gods will may be done on earth, as it is in heaven? And are you qualified to do your part thereof? Are you perfect as your heavenly Father is perfect? Is the same minde in you which is in Christ Jesus? Unlesse you have attained to this perfection, according to the measure and fulnesse of Christ Jesus, there is yet a part, which unlesse you use all possible meanes to arrive to, though I cannot tell you when, or whether you shall or no, I see no ground whereby you may be sure, as yet, to have that full proportion, either of truth or knowledge, which you ought to have; much lesse how you can reasonably excuse the obstructing, as much as in you lyes, the free passage of the Gospell, the limiting and stinting of all spirituall gifts, with the quenching of Gods blessed Spirit, all which are sent for the farther instruction and illumination.

Paul tells the same Corinthians, 1 Cor. 2. 14. That the naturall man receiveth not the things of the Spirit of God, for they are foolishnesse unto him, neither can he know them, because they are spiritually discerned: And our Saviour told Peter, Matth 16. 17. That flesh and bloud had not revealed it unto him, but his Father which was in heaven: And St. Peter exhorts them to grow in grace, and in the knowledge of our Lord Jesus Christ, 2 Pet. 3. 18. All which are undeniable arguments, that though a Christian live never so long, yet he both may, and ought still to grow from grace to grace,The following marginalia text is unreadable and Liberty Fund has made no effort to partially transcribe it. and from knowledge to knowledge, continually ayming, and endeavouring, untill he arrive to a perfect man according to the measure of stature and fulnesse of Christ, in both which respects an inquisition or persecution for matters of Religion may not be tollerated: First, because it would as much as in us lyes, still withold such saving truth and knowledge as yet undiscovered, and unto which we are to attaine by degrees only, for not any of them but at first sight and hearing, is accounted heresie to most men, and much adoe there is before we will imbrace it: And secondly, in that persecution for Religion, would render us altogether incapable of ever purging and reforming our selves from such erronious doctrines and superstitions, as are amongst us for the present, and what would this be otherwise then a meer forme of godlinesse, but denying the power thereof, from which Timothy was ordered to turne away? 2 Tim. 3. 5. 7. But as was said before, Matth. 5. 48. our Saviour commands us to be perfect even as our heavenly Father is perfect; and in that forme of prayer which he taught us, cap. 6. 10. we were ordered to make request, That Gods will may be done in earth as it is in heaven, unto which height of godlinesse we may be sure not to be arrived, being still so much further off, as we apprehend our selves to have attained it, forbearing to presse forwards, as St. Paul said to the Philipians, Phil. 3. 14. 15. I presse towards the marke for the price of the high calling of God in Christ Jesus: let us therefore as many as be perfect be thus minded, and if in any thing you be otherwise minded God shall reveale even this unto you: And S. Peter in his first Epistle generall, exhorts those Christians, As new borne babes to desire the sincere milke of the word that they may grow thereby, not that they should thinke themselves to have attained either unto a perfection and fulnesse of knowledge, or purity of profession, both which must be supposed, or else the ground-worke and foundation whereon they build their Inquisition house for setling a uniformity, is so much more unwarrantable and unfound.

The Parable of our Saviour, Matth. 13. 29, 30. wherein he forbids the pulling up the tares lest they pull up the good wheat with them, and commands, That both tares and wheat be let grow together till harvest, seems to me a full argument that the State should not be forwards in putting any to death, save such as are expressely warranted by the word of God, but this place makes especially against persecution for matters of Religion; for though every body can distinguish tares from corne, yet it is not so with heresies and errours in point of Doctrine; besides, the outward man may so conforme himselfe if he will, as that it is impossible for the world to finde him out, because they cannot arrive to the heart, and what ever externall meanes may be used, they worke only upon the body, and cannot reach the soule: But persecution for Religion does not only contradict the Scripture, but is contrary to common sense and reason, as will appeare if you consider, that, although we say proverbially, facile credimus, quod libenter volumus; yet a man of himselfe cannot possibly beleeve what he himselfe desires to beleeve, before his judgement and understanding be convinced, so that unlesse it be a good argument, to prevaile upon a mans judgement and understanding, to say, beleeve this or that point of doctrine upon penalty of losing your ears, or the like, it must needs be extravagant and unjust to practise it: let us not then goe against our owne reason, and the Scripture where it is said, That though Paul plant, and Apollo water, it is God that gives encrease: And our Saviour tells us, That no man can come to him except the Father draw him, that it is the Spirit which quickneth,1 Joh. 63. and that the flesh profiteth nothing.

There is yet another place of Scripture which speakes more plainly, letting all Inquisitors and Persecutors know, that though they had the spirit of divination and discerning, wherewith they could be certaine to have discovered such as preach the Gospell out of strife and envie, and not sincerely, yet they are not to silence them, but be glad that the Gospel be preached in a weake and erronious manner, then not at all, for even as a man that holds fast with his hands, if his feet slip, will recover himselfe againe, so if Christ the foundation be kept, though for the present they may preach and teach many a false doctrine, yet wee may be certaine that all rotten unsound superstructures and erronious tenets shall fall downe in Gods good time and season, whilest the foundation remaines sure for ever: He that hath given us Christ, will with him,The following marginalia text is unreadable and Liberty Fund has made no effort to partially transcribe it. but at his owne good pleasure give us all things; Paul thought this was a good argument, and so far bare with all mens infirmities, that as he sayes of himselfe to the end he might have opportunity to preach the Gospel, he became all things to all men, that by all meanes he might save some, unto the Jews as a Jew that he might gaine the Jews, to them that are under the Law, as under the Law, and to them that were without Law, as without Law, that he might gaine both; and lest you might thinke him a libertine in all this, and without Law to God, he tells you he was all this while under the Law to Christ, and doubtlesse did him no small service in thus complying: But that you may guesse in what manner and how far forth he had been indulgent at such other times, the relation whereof we doe not finde recorded, take what he saies unto the Philippians, Phil 1. 16, 17, 18, 19. Some preach Christ even of envy and strife, and some also upon good will, the one preach Christ of contention, not sincerely, supposing to adde affliction to my bonds, but the other of love, knowing that I am set for the defence of the Gospel: what then? notwithstanding every way, whether in pretence, or in truth, Christ is preached, and I therein doe rejoyce, yea and will rejoyce, for I know that this shall turne to my salvation through your prayers, and the supply of the Spirit of Jesus Christ.

Yea will some say great shame it were if we should not rejoyce that Christ be truly preached in what manner soever; but such as we silence and persecute though they confesse and preach Christ in words, yet they hold certaine erronious tenets which strike at the foundation, and overthrow Christianity: I desire such to remember those Scriptures which say,The following marginalia text is unreadable and Liberty Fund has made no effort to partially transcribe it. that, whosoever is borne of God doth not commit sin, for his seed remaineth in him, and he cannot sin because he is borne of God: Whosoever beleeveth in him shall not perish but have eternall life: And whosoever shall confesse that Jesus is the Sonne of God, God dwelleth in him, and he in God: Now as we know that David though he committed adultery and murder, was borne of God notwithstanding this text, because it means only that God imputes not sinne unto them that are borne of God; so he that beleeveth in God, and confesseth that Jesus is the Son of God, though he do together with this foundation, hold certain points which may seem to crosse it, and be in a great degree erronious, but contrary to his owne intention, it is both very possible and probable, that such a one notwithstanding shall not perish, but God dwelleth in him, and he in God.

In the very Bible we finde severall texts and passages which seem to thwart and contradict themselves, yet we are certaine, that the whole Scripture being the inspiration of one, and the sime blessed Spirit, cannot but be at unity within it selfe, and all good Christians are fully assured thereof, though they be not able sometimes to make it appeare so to their weake and carnall understandings; and in such cases we have the example of St. Paul, Rom. 11. 13. the great Apostle of the Gentiles, who though he testified of himselfe, that he gave his judgement as one that had obtained mercy of the Lord to be faithfull,The following marginalia text is unreadable and Liberty Fund has made no effort to partially transcribe it. and thought that he also had the Spirit of God, yet having waded into the mystery of Predestination, so far as his owne reason could arive, burst out into a most devout admiration, O the depth of the riches both of the wisdome and knowledge of God, how unsearchable are his judgements, and his wayes past finding out.

In S. Pauls Epistle to the Romans, chap. 3. 28. it is said, Therefore we conclude that a man is justified by faith without the deeds of the Law: And St. James saith, James 2. 24. Ye see then how that by workes a man is justified, and not by faith only: Now as we are fully assured that these two Scriptures though they differ so much litterally, are notwithstanding not only in their owne being reconcileable, but even in our shallow capacities and apprehensions: And as God had good cause why he counted Paul faithfull and put him into the Ministery,The following marginalia text is unreadable and Liberty Fund has made no effort to partially transcribe it. who was before a blasphemer and persecuter: So we may safely thinke, that God can much more (after the manner of men be it spoken) tell how to prosper their endeavours, and bring unto salvation, such as beleeve in him, and confesse Jesus to be the Son of God, for his word and promise are engaged and cannot be frustrated through their weaknesses and unsoundnesse in some points of Discipline, Doctrine, or of both: But it will be objected, why should such be suffered to preach Christ, who withall mix unsound doctrine, since there may be teachers enough besides, who are all orthodox and unquestionable? I answer, That this is not the true state of the case, for that the Puritans or other conscientious Christians hold their owne teachers to be the soundest, and if they be silenced, conceive they are bound, without power of dispencing with themselves to heare none at all, rather then such with whom they cannot possibly joyne or be present without a doubting and condemning conscience; so that at the very best this can be but a pulling up of good wheat together with the tares, which as was said before, our Saviour would not have so much as hazarded and endangered; or a doing evill that good may come of it, which is as absolutely forbidden.

I will therefore forbeare to make any further application of Pauls rejoycing so Christ were preached in whatsoever manner, but beseech with meeknesse all such as read it, to pause a little and consider, that since Paul rejoyced in whatsoever way that Christ was preached, whether of contention, envy, pretence, or in truth, how inexcusable will all those be that persecute or silence such as preach him in any other maner then they themselves prescribe, whereby many eminent abilities and gifts have been smothered and lost: To the same purpose is that place in St. Markes Gospel, where John in the name of the Apostles tells our Saviour, saying, Master, we saw one casting out divells in thy name, and he followeth not us, and we forbad him because he followeth not us, but Jesus said, forbid him not, for there is no man which shall doe a miracle in my name that can lightly speake evill of me, he that is not against us, is on our part, Marke 9. 38, 39, 40.

Paul tells the Hebrewes,The following marginalia text is unreadable and Liberty Fund has made no effort to partially transcribe it. how He that despised Moses law dyed without mercy under two or three witnesses; and askes them, how much sorer punishment they supposed such should be thought worthy of, who have trodden under foot the Son of God, and counted the bloud of the Covenant wherewith he was sanctified, an unholy thing, which is a plain evidence, that though such as live under the Gospel, and neglect or despise the means of comming to the knowledge, or yet speake against the truth thereof, deserve greater punishment then those that violated the law of Moses, which was certaine death in the mouth of two or three witnesses, yet he saies not that it ought to be so under the Gospel; but though he aggravate the crime as far more heynous under the Gospel, yet he declines to say they should be punished corporally in this life, and plainly insinuates that it must be left untill the day of judgement, as appeares by the coherence with the words which follow, where he brings the Lord in,The following marginalia text is unreadable and Liberty Fund has made no effort to partially transcribe it. saying, Vengeance is mine, and I will recompence it: and againe, The Lord shall judge his people: It is a fearfull thing to fall into the hands of the living God: And this is yet more manifest, if we consider that there had been thousands of those which thus rejected and violated the Gospel which then had not been punished with death according to the law of Moses, and yet Paul for all this did not blame those Christians for omitting to doe corporall execution on them, or leave any order that the civill Magistrate should afterwards have such power when they became Christian: And if Paul tells Titus that a Bishop must not be soone angry, nor a striker; and Peter bids the Elders take the oversight of Gods flocke, not being Lords over Gods heritage, but as ensamples to the flocke; how shall a Presbyter that is a striker, or that Lords it over the flocke of Christ be justified? or how can he be said to be lesse then a striker, that passes sentence of condemnation to banishment, imprisonment, and death, or not to Lord it over the flock of Christ, that imposes laws upon their consciences?

But did these persecuters of God and good men consider, that to be persecuted, is a mark and signe of the true Church, and consequently to persecute, an infallible character of unsound Christians and the Church malignant, in charity we ought to thinke they might likely be reclaimed, I shall therefore intreat them for their owne direction to call to minde, what St. Paul saith to the Galathians, viz. Now we Brethren as Isaac was, are the children of promise,The following marginalia text is unreadable and Liberty Fund has made no effort to partially transcribe it. but as then he that was borne after the flesh persecuted him that was borne after the Spirit, even so it is now: This text declares how the true Church and true Beleevers are children of the promise, figured out in Abel, Isaac and Jacob, persecuted by Cain, Ismael, Esau, and their posterity, children of the bond-woman, teaching us in expresse words, that as those which persecuted in the Old Testament were not the Elect or children of the promise, so now the best servants of God were persecuted under the Gospel; which will yet appeare more plainly to such as have their understanding darkned, if they reflect likewise upon these other Scriptures: He that loveth not his brother is not of God, for this is the message that we heard from the beginning, that we should love one another, not as Cain, who was of the wicked one, and slew his brother: and wherefore slew he him? because his works were evill, and his brothers righteous: And our Saviour told his Disciples, I send you as sheep in the midst of wolves; ye shall weep and lament, but the world shall rejoyce.

But if the practise of persecution for difference in matters of Religion were a signe of the true Church, then that Church were likeliest to be the truest Church that did most persecute others, which I beleeve will be denied by all Protestants, or else they must condemne themselves, in suffering the Papists to go beyond them in persecuting others: and secondly, if persecution were a note of the true Church, it would instigate and encourage all States and Churches to double and encrease their persecutions, untill each of them had attained to the most exquisite degrees and height of cruelty and tyranny.

Againe, though persecution for conscience sake be never so much practised, it is condemned by all men in every body but themselves, for who is there that blames himself for persecuting others, or who would be contented to be persecuted himselfe? and so far is persecution from propagating of the Gospel, that nothing in humane appearance can possibly hinder it so much, for the Papists having got the upper hand and greatest portion of the Christian world into their power by vigour of their persecution, hinder the blessed Gospel from being truly taught in the simplicity and purity thereof; and as it is well knowne, that the best Churches have been in errours,The following marginalia text is unreadable and Liberty Fund has made no effort to partially transcribe it. sometimes able to digest milke only, not capable of strong meat, so by the rules and principalls of persecution, it were impossible to grow stronger, or come into the light of truth againe, because that according to such discipline, such as teach any new truth, or but a further measure of former truths should be persecuted, as it happened unto Paul and the other Apostles and Disciples, under the calumnie of sedition, heresie, blasphemy, or innovation, for Paul himselfe was reduced to say, I worship God after the manner which they call heresie: And whereas some will object, that the Churches in the Primitive times were weake as being newly planted, but that Christians now adaies have attained to a larger measure of strength and knowledge in the truth, I dare not subscribe thereunto, and for whatever failings, errours and false doctrines such men shall prove to have been found in the Churches of Rome, Corinth, Jerusalem, Antioch, Ephesus, Galatia, or any of the rest during the Apostles times, when through weaknesse and carnality they were said to have need of milke, it will full easily appeare, that, as the infallibility of the Apostles, their diversity and preheminencie of gifts, and miracles which they wrought, were far more efficacious means then at any time were since enjoyed: so none of our Protestant Churches at present, especially Nationall, but will justifie the Primitive, in our owne greater errours, both for Discipline and Doctrine: It is true that if liberty be given for men to teach what they will, there will appeare more false Teachers then ever, yet it were better that many false doctrines were published, especially with a good intention and out of weaknesse only, then that one sound truth should be forcibly smothered or wilfully concealed; and by the incongruities and absurdities which accompany erroneous and unfound doctrines, the truth appears still more glorious, and wins others to the love thereof.

Neither is this complying with weake consciences, or the tollerating of severall opinions, any other sort of Libertinisme, then what Paul practised,The following marginalia text is unreadable and Liberty Fund has made no effort to partially transcribe it. when he suffered all things lest he should hinder the Gospel, and was made all things to all, that he might save some, at which very time hee professed himself notwithstanding to live not without law to God, but under law to Christ: And Peter tells us, We must live as free, but not using our liberty for a cloak of maliciousnesse, but as the servants of God, 1 Pet. 2. 16. And if you demand whether Hereticks then may not be reclaimed? I answer, That you both may, and ought to endeavour their reclaiming, not by compulsive courses, but with brotherly and Christian admonition and instructions, by evidence of Scripture in demonstration of the Spirit, and such other peaceable and quiet wayes as are warrantable by the Word of God: but for such as say, we have tried all faire means, and none but coercive will prevaile; if they had order to make use of them, how can they be sure that forcible means would have better successe? and how much more blameable are they that use them, when they neither have commission, nor assurance that they shall prevaile?

Our Saviour told his Disciples, That if they were of the world,The following marginalia text is unreadable and Liberty Fund has made no effort to partially transcribe it. the world would love his owne, but he had chosen them out of the world, and therefore the world hated them, and lest this should not prove a sufficient item to them and us, St. Paul tells us plainly, How all that will live godly in Christ Jesus must suffer persecution: whereto that we may be the better induced, our Saviour in his Sermon on the Mount, amongst other blessings pronounces this unto them, Blessed are ye when men shall revile you and persecute you, and shall say all manner of evill against you falsely for my sake, rejoyce and be exceeding glad for great is your reward in heaven, for so persecuted they the Prophets which were before you: And lest such poor distressed Christians should be to seek, how to behave themselves in so great a temptation and distresse, the blessed Spirit of God by St. Paul to the Romans instructs us, to blesse such as persecute us, so that in these and many other Scriptures, we have the practise of persecution given us as a sign to know the Church malignant by; and to be persecuted as a love token, and most peculiar livery of Jesus Christ to distinguish true from false beleevers.

And if it be objected,The following marginalia text is unreadable and Liberty Fund has made no effort to partially transcribe it. that then there must be no true Church amongst Christians, and that all of them doe persecute one another more or lesse, it wil notwithstanding follow, that such Christian States and Churches as persecute most, are most corrupted, and though I could hope for their sakes which still retaine it with lesse rigour, that every smaller degree of persecuting Christians which differ from them in opinion, may not hinder such to be true Christians, though imperfect and failing in this particular, yet my earnest desires are, that all such as are causers, counsellours or instruments promoting, or not endeavouring and disswading persecution, will seriously consider with themselves, whether, the thus persecuting one another by Christian Churches which differ in opinions, though it should not hinder them from being true Churches, yet if it may not be found, at least, an errour and exceeding great blemish in them all, even those that use it seldomest and in milder manner, expressely forbidden in so many places of Scripture, and continually declamed against by the whole proceedings of our Blessed Saviour, his Apostles, and most conscientious and truly mortified Christians, famous for greatest piety and devotion in their respective generations.

Joh. 3. 19, 20, 21.St. John saies, That light is come into the world, and men loved darknesse rather then light because their deeds were evill, for every one that doth evill, hateth light, neither commeth to the light lest his deeds should be reproved, but he that doth the truth commeth to the light, that his deeds may be made manifest, that they are wrought in God: Methinkes we may well resemble the true professours of Jesus Christ, to those that seek the light, that the truth which they teach may be made manifest; and contrarywise such to be false prophets and hypocrites, that hate the light lest their beloved errours and counterfeit doctrines should be discovered, reproved and forsaken: Indeed many a man hath been over confident, and delivered up his body to be burnt in a bad cause, but this should make such as have a good one, to gather so much more courage to themselves, and not decline any lawfull triall or disputation, whereby falshood would be vanquished, and the light of truth shine out, so much more amiable and bright, as before it had greater opposition.

In the ordinary course of the world betwixt two which are at law together, when either of them uses meanes to prolong the suit, and prevent what possibly he can the comming to a judgement, may we not say, and that justly too, that such a man hath a bad cause, or else that he hath not all his proofes and evidences in readinesse, especially if we suppose that he knew he had a Judge who both understood his cause fully, and would infallibly do him justice? surely the same may be said and that more warrantably concerning Religion, and differences in opinion about any point thereof.

Confidence and boldnesse prevaile sometimes, and that not a little even in a bad cause,Act. 4. 13. but never fail when they maintaine a good one; we may see it in the Acts that both Peter and John, with the cause of Jesus Christ sped the better for their boldnesse, which when the Scribes, Elders, Annas, and all high Priests kindred saw, and perceived that they were unlearned and ignorant men, they marvelled, and took knowledge that they had been with Jesus, And beholding the man which was healed standing with them, they could say nothing against it; and how wonderfully the cause prospered hereupon appears in that fourth Chapter to the Acts,Eph. 3. 12. which is well worth reading out, and cannot by a heart truly sanctified be passed over without great admiration: St. Paul confirmes it unto the Ephesians,Phil. 3. 19. 20. 25. saying, That through faith in Jesus Christ we have boldnesse and accesse with confidence: And to the Philippians he hath yet a fuller expression, where he sayes, I know according to my earnest expectation, and hope that in nothing I shall be ashamed, but that with all boldnesse, as alwaies, so now also Christ shall be magnified in my body, whether it be by life or death, and having this confidence I know that I shall abide and continue with you all, for your furtherance and joy of faith: Surely as all true Beleevers have the same good cause and Gospel, so can they not possibly fare worse if they had but such a faith and confidence as Pauls was:Jim. 2. 20. Now true and lively faith cannot be without works, and the most eminent and glorious worke of all, is to seek the propagation of it, in such means and manner as are most warrantable, and likeliest by the precept and president of our only wise Saviour, and his blessed Apostles to prove successefull: Oh, let us not then defer the practise of it any longer! doe we suspect that errour should vanquish truth? this is so vaine that no man will confesse so much, but for their full conviction if they were so conceited, let them take notice what St. Paul saith to the Corinthians,2 Cor. 13. 8. We cannot do any thing against the truth but for the truth; we may plot, contrive and endeavour whatsoever our owne depraved natures will suggest us to against it, but great is the power of truth, and it will prevaile at last: or doe we then feare that the true professours may fall from their former stedfastnesse? it is true that some which once made profession of the truth may fall from that profession, but such, though they make profession of the truth, yet were they never true professours,1 Joh. 2. 19. as St. John saies in his first Epistle, They went out from us, but they were not of us, for if they had been of us, they would no doubt have continued with us, but they went out, that they might be made manifest, that they were not all of us: And doubtlesse it were much to be desired, and all justifiable meanes to be imployed, whereby hypocrites, and such as are not true at heart, might be best moved to discover themselves of their owne accord, for then the people of God might be kept from falling into many a sin through their ill example, and avoid many a temporall judgement and affliction for holding fellowship and communion with them; but blessed be God this is the worst that can befall them, neither divells nor the deepest wiles of wicked reprobates can possibly deceive the true Professours Gods Elect.Mat. 24. 24. Our Saviour hath passed his word, That not one of these little ones shall perish, Mat. 18. 4. And my sheep heare my voyce, and I know them, and they follow me, and I give unto them eternall life, and they shall never perish, neither shall any man pluck them out of my hand, John 10. 27, 28. And Paul saies, We are persecuted, but not forsaken, cast down, but not destroyed, 2 Cor. 4. 9. And he told Timothy That the foundation of God standeth sure. having this seale, that the Lord knoweth them that are his, 2 Tim. 2, 19.

But since heresies must needs be,Cap. 1. 87. though a woe betide the authours of them, how much more may we well thinke should there be a Liberty of Conscience? since the authors instead of woe, may be certain of a blessing, and nothing can more manifest the truth, when all such as for feare of imprisoning, sining, corporall punishment, or any worldly prerogative had heretofore made profession thereof, would now appear in their own colours, and follow the false calls of their more false teachers, leaving truth to herselfe, and such only as did imbrace her in true sincerity of heart: and yet this is not all the benefit which would accrue hereby, the greatest and best part is still behinde; for as in the Primitive times, when Scribes,Note. Pharises, and all the learned Doctors both Jews and Gentiles, disputed and opposed the truth with more liberty and freedome, it became then much more famous and prevailing, untill the mystery of iniquity undertooke the protecting of it by the Civill Sword, which if it were but sheathed againe,Joh. 3. 8. and the Blessed Spirit, which bloweth where it listeth, not resisted, we might even in these dayes with Gods assistance, expect to see victorious trophees, and multitudes of Christians set at liberty,Object. and redeemed out of Babylon to the speedier downfall of Antichrist.

But some will say that the learned and wisest men have alwaies been and are still of opinion, that it is no good policie to suffer so many severall Religions to be publickly professed in one and the same Kingdome and jurisdiction, because that though many men may be able with Scripture to defend their owne Religion, and others perhaps stedfast and obstinate enough in their opinions what ever they be, yet if contrary tenets may be debated freely, and made profession of without controle, some numbers more or lesse amongst such multitudes of people, either by importunity, worldly advantages, or in that their ignorance or little knowledge in spirituall matters, is not able to withstand the arguments which are urged against them,Answ. must needs be seduced and led away from the Religion established by Law: Whereto I answer, That the advice of wise and learned men if they be otherwise also as well qualified, is to be far preferred before that of ignorant and lesse wise, but such whose affections and carnall lusts are mortified, and whose guifts are sanctified, these mens counsells ought to take place before the deepest Polititians of State, or grand Rabbies of the Law or Gospel: worldly wisdome and humane learning are both usefull and expedient, when they concur with Scripture,Joh. 7. 48. not against it: It was the argument of the Jews against our Saviour and his Apostles, That the Scribes, Pharises and great ones beleeved not on him; the Papists urged the like, that all the learned Doctors and profoundest schollars throughout the Christian world were of their opinion against Luther and the first Reformers, and although we all acknowledge of how little account and force this argument was then, yet is it now as much stood upon, and altogether as weakly grounded, even by the greatest part of Reformed Churches, against such as yet strive for, and endeavour only a further Reformation: surely if such would but consider of what low condition and meane estate the Apostles were,Act. 4. 12. they would never think the worse of truth,Matth. 4. 18. 21. because it was held out unto them by men of most inferiour ranke and quality, this would make such as are Scripture wise to thinke the better of it, for who are likeliest to have spiritualll things discovered to them, then such as are spirituall themselves? and who likeliest to be spirituall, then such as are poore, base and abject both in the eyes of others and their owne opinions? Surely St. Paul speaks plaine to this purpose when he saies,1 Cor. 1. 26, 27, 28. Not many wise men after the flesh, not many mighty, not many noble are called: But God hath chosen the foolish things of the world to confound the wise, and God hath chosen the weak things of the world to confound the things which are mighty, and base things of the world, and things which are despised hath God chosen:Ver. 20. And againe, where is the wise? where is the scribe? where is the disputer of the world? hath not God made foolish the wisdome of this world? And to the Corinthians he gives a reason why God made use of men of such low ranke and esteem in the world, to be the chiefest instruments of propagating the Gospel, when he sayes, We have this treasure in earthen vessels, that the excellencie of the power may be of God, and not of us, 2 Cor. 4. 7. And in another place he saies, Christ sent me to preach the Gospel, not with wisdome of words, lest the crosse of Christ should be made of none effect, 1 Cor. 1. 17. If these passages of Scripture with sundry others were seriously considered, by a minde prepared to submit to Gods good will and pleasure what ever it were, when it should be discovered unto him, such a soule would not be swayd, and led away with any carnall priviledges or worldly circumstances how plausible soever,Eccles. 1. 2. 14. since all such are but vanity and vexation of spirit, as the wise man assures us: evidence of Scripture is that only which ought to be our guide in what we do or say, our supreame rule or touchstone to make triall of what we heare or see, according whereunto if we proceed, whatsoever be alledged to the contrary, we may cleerly finde, That persecution for matters of Religion does plainly crosse so many places of Scripture, murders so many of Gods Saints, and so much hinders the propagation of the Gospel, as no other erronious tenet or heresie whatsoever: for if the Gospel had but a free passage, and the true Professours liberty to teach and publish it, this only as a sovereigne remedy and counterpoyson, would prevaile against all heresies, unlesse you will grant that errour may possibly vanquish truth: and though our owne fond fancies should suggest never so many inconveniences to ensue thereon, we ought to rest satisfied with so great a manifestation of Gods revealed will, no waies attempting any thing, or cleaving to such opinions, which either directly, or by rationall consequence and induction may hinder the preaching of the Gospel to all Nations.

If Kings or States may lawfully enact a Religion, or settle any point of faith to be beleeved and practised by force and virtue of a new law, then ought all subjects to be conformable thereunto, and so become lyable to change and alter their Religion, so often as the State and chiefest Councell of the Land shall deem just and requisite;Note. for as our predecessours could not make a law to binde their successours irrevocably, or longer then they pleased themselves in civill matters, much lesse in what concerns the Conscience; so neither can we that are now living engage our posterity in any act, but what they may repeal at pleasure, with the same liberty and power by which it was made, since the whole Kingdome being a body politicke indowed with a supremacie, cannot have greater or lesse power over it selfe at one time then another; wherefore since it is our duty to think very reverently of Laws and Acts when once established by the highest Court, yet if we consider that they themselves doe not assume infallibility, that both they, Synods, and chiefe Generall Councells have thought it expedient and just to repeal, alter, and sometimes enact Laws, concerning Discipline and Doctrine quite contrary to their predecessours, by which means a people in their life time have been compelled to change Religion twice or thrice: my humblest desires beg leave to prostrate themselves in meeknesse and most submissive manner unto the three estates in Parliament, That all former acts which countenance persecution for matters of Religion may be repealed, and Liberty of Conscience which is the greatest liberty the Gospel brings, restored, lest whilest the prevailing party of Protestants in England think it lawfull to force other Protestants, because lesse in number, and differing from them in opinion, to change Religion; God in justice permit Papists to doe the like with Protestants in Ireland, as well for our sins as their owne, to the further desolation of both Kingdomes.

FINIS.

T.36 (8.19) Philip Hunton, A Vindication of the Treatise of Monarchy (26 March, 1644).

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T.36 [1644.03.26] (8.19) Philip Hunton, A Vindication of the Treatise of Monarchy (26 March, 1644).

Full title

Philip Hunton, A Vindication of the Treatise of Monarchy, Containing an Answer to Dr Fernes Reply; Also, A more full Discovery of three maine Points;
1. The Ordinance of God in supremacie.
2. The Nature and Kinds of Limitation.
3. The Causes and Meanes of Limitation in Governments.
Done by the authour of the former Treatise.

London, Printed by G. M. for Iohn Bellamy, and are to be sould at his Shop at the Signe of the three Golden-Lyons in Cornehill neare the Royall-Exchange, M. DC. XLIV.

Estimated date of publication

26 March, 1644.

Thomason Tracts Catalog information

TT1, p. 316; Thomason E. 39. (12.)

Editor’s Introduction

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Text of Pamphlet

A VINDICATION OF THE Treatise of Monarchie.

The Preface.

PErusing with a sad heart and conscience, desirous of Information the Papers made publike by the Defenders of both sides in this wofull division; I found divers of them running out into irreconcileable extreames: among which this Resolver, the Authour of the fuller Answer, and the Divines pleading for Defensive Armes were the chief. In which I conceived there were passages contrary to all true policie, and the particular Frame of this State. Hereon a desire of allaying mens spirits, and reducing them to a moderate compliance in one Truth induced me to a composing of that Treatise, In which how farre I have attained my ayme, I leave it to the world to judge.

But it fals out with me, as it did with Moses endeavouring to set at one his contentious Brethren, I have hard words and censures laid on me for my labour. This Doctour tels me, I have sowne seeds of sedition, opened a way to Rebellion, and termes me an engaged man. But to whom I am engaged, unlesse to Truth, I know not: Engaged indeed I am to defend the Kings Supremacie against one part by my Oath of Allegiance: and engaged to defend the Priviledges of Parliament, and lawfull Liberties of the Subject, against the other part, by my Protestation: beyond these I know none, and perhaps if this censurer knew my condition, he would acknowledge as much. No, those men are rather engaged, whom, ayming at &illegible; and a dominion over their fellow-Presbyters, it much concernes to prove the Power of Kings unlimited, that so they may be able to satisfie their unlimited desires, and uphold them in a boundlesse jurisdiction over the consciences of men; but for this Doctor, I know him not, I judge him not.

Then, for Sedition and Rebellion, The searcher of all hearts knowes how farre they were from being the scope of that discourse, rather it was an utmost assay of appeasment, by shewing the way to a discreet moderation. These Masters of controversie take a right course to subvert the Kingdom by disputing men into a degree of Opposition beyond all Attonement, for as I am perswaded the high spirit of Kings will rather incurre the worst hazzard then submit to such termes, as to be Vniversis minores, that is, subject to their Subjects, common servants and Officers of their Kingdomes, tyed up to an absolute necessity of assenting to the Determinations and Votes of the States: So I am as consident, that these two British Nations, yea very many now being in his Majesties Armies, will spend their last bloud rather then come downe to this Doctors termes, sc. a meere passive non resistence of subversive instruments of Arbitrarie commands, a simple morall liberty, which the basest slaves in the Turks gallies enjoy, because it cannot be taken from them.

For my part, I doe not reckon my life and liberty worth so much pleading for; but the libertie of my Country is deare to me: The established Government is deare to me, because in it is bound up Religion, the publicke Good, yea the very Title of the King to this Crowne. These I plead for against a man, who by his unconscionable resolves of Conscience, hath done what by a pen can be done, to dissolve them: who in three whole books hath undertaken the Patronage of Subverters of Religion, Laws and Government: and thinks it worth his pains if he can procure them an irresistibilitie.

I thought I had weighed out Truth to both sorts with so even a ballance in that Treatise, that none had any cause to complaine. But, I see, this man must have all goe his owne way: He hath a high designe, no lesse then a full conquest of all States; To bind the Consciences and hands of Nations, and deliver them up to the Executioner to inflict on them the capitall doom of subversion, if at any time the supreme Magistrate please to give the word. To this purpose having made some animadversions on scattered passages of my Book. He is pleased to publish them under the stile of a Reply; I may well call it a negative Reply. He denies what I have asserted; and layes downe his owne contradictorie Notions, and that is all; no Scripture nor Reason, but what is fully answered in my former: It is so hollow a discourse, that an ordinary eye may see through it, without the light of any further Answer; yet because he gives me occasion of fuller illustration, and justifying my supposals; and discovering the vanity of his, I have made him this Return, in which I have to my knowledge, left unanswered no passage of moment which concernes me, in his Reply; other parts of it have I left untouched for them to whom they belong.

And now with prostrate humility I beseech that sacred Authoritie, which here againe, is made the matter of this dispute, not to impute iniquity unto me presuming, for Truth and Conscience sake, to make inquiries into it. The Sun-beames strike not dead the poor Mathematician, who standing on this molehill, assaies by his instruments to take the dimensions of that glorious bodie. Yea the great God of Power permits men without the guilt of sin, to search into his Perfections, and to set, not positive, yet negative bounds to Omnipotence it selfe. Let not then his Vicegerent be incensed to disdain, if we search into the limits of his Power. I envie not it’s extent, let it be as large as Truth and Law can stretch it: And my dutie binds me to beleeve that he would not have it larger. Princes require a reasonable subjection, and that is best performed where the nature and measure of Power is best knowne: which to find out is all the drift of my former and this Treatise, unto which now we will passe over.

The Contents of the severall Chapters and Sections.

  • Chap. 1.  THE Case mis-proposed by the Doctor in his Resolution, Sect. 1. His uncharitable rash Censures. His Intents in this Reply come not home to the Case in question, Sect. 2. How far Scripture proofe is to be expected in these Cases, Sect. 3.
  • Chap. 2.  In the Question of Resistance the Doctors Distinction of Times and Persons is vaine. How farre Resistance is asserted by me in this and the former Treatise.
  • Chap. 3.  The Doctor and other of his sort abuse Scripture in this Question, Sect. 1. Scripture warranting this resistance: but having not a word against it. The Doctor in words professing against Absolutenesse, but indeed pleading for it, Sect. 2. Government not only from God: but subordinately from the people, Sect. 3. Irresistiblenesse a Consequent of Absolutenesse. Limited Monarchie is in the very Power, Sect. 4. Mixture must be in the very Power. The Doctors strange and sencelesse conceit of Mixture, Sect. 5. Conquest gives no mor all title before consent, Sect. 6.
  • Chap. 4.  The Doctors vaine and false supposals about Gods Ordinance in Soveraignty. It doth not exclude Limitation of Power, Sect. 1. His false supposals about the Nature and Quality of Limitation, Sect. 2. His false supposals about the Causes and Meanes of Limitation, Sect. 3.
  • Chap. 5.  The Soveraignty of this Kingdome Limited in the very Power, and from its first Originall. The vanity of the Doctors three Titles by Conquest, Sect. 1. Arguments for Limitation and Mixture vindicated, Sect. 2. Seven Queries concerning this Government; Sect. 3.
  • Chap. 6.  The stating of the Question of Resistance asserted. The Appeale ad conscientiam generis humani, in the utmost contention vindicated, Sect. 1. His arguments against Reservation of Power of Resistance, are answered, Sect. 2.
  • Chap. 7.  The vanity of his conceit about jus Regis. His deceitfull citing of Calvin. The Government of the Kingdome of Israel proved absolute, Sect. 1. Instances for Resistance out of the Old Testament justified, Sect. 2.
  • Chap. 8.  The Text, Rom. 13. nothing concernes this Resistance. His unjust charging of me in this Question. His slighting of Doctor Bilson, and other Divines. Resistance of exceeding Acts, no Resistance of the Power, Sect. 1. Emperours of Rome in S. Pauls time proved absolute, Sect. 2.
  • Chap. 9.  His nine Reasons against Resistance answered, Sect. 1. The five reasons for Resistance made good, Sect. 2. The Doctor recedes from his first Assertions, And yeilds us the Question. No evils follow this Resistance; but many its deniall, Sect. 2. The Conclusion of the whole, Sect. 3.

A VINDICATION OF THE Treatise of Monarchie. OR. An Answer to Dr FERNES Reply.

Chap. I. An Answer to the first Section of his Reply.

Sect. 1.THE first Section containes his Preface, where p. 2. He taxes me, that I looke not with a single eye on what he hath written, misconstruing it many times: but whether I have so done or no, it will be manifest in the sequell. Then more then once, he censures me for being engaged. What engagements I have, appeares before in my Preface: But, I set up my rest upon a groundlesse fancie of such a mixture and constitution of this Monarchy, &c. Whose supposals are groundlesse fancies, his or mine, I doubt not will fully appeare in this ensuing discourse. Neither had I any other purpose to which I have sitted that Treatise then the simple finding out of truth, God knowes how ever the Doctor pleaseth to censure the purposes of my heart, Viewing this Resolvers discourse, for the satisfaction of my conscience, I found it confused, and not approaching the Case which now troubles the world: Men enquire about the Lawfulnesse of Resistance of Instruments: He answers concerning Resistance of the King: Men demand, Whether Resistance of subversive Instruments be the Resistance of Gods Ordidinance forbidden, Rom. 13. He supposeth that which is the Question; and makes that the ground of his Resolve which is the sole thing at which the conscience scruples. This put me on a Discourse of Monarchy, that so by a distinct considering of the grounds of true Policie, I might both satisfie my selfe and others: and not suffer mens consciences, seriously desiring sound information to be either puzled or misled by so confuse and indirect a Resolution. Yet something there is which he likes in me, that is, as much as serves his own turne. I doe with much ingenuity disclaime, and with no lesse reason confuse severall Assertions of other Writers, &c. in p. 2. Would he could as well have seen my confutation of his, as of other errours: What I have said against him, as it proceeds from the same impartiall spirit, so it containes the same truth; as, I doubt not, the judicious Reader will discerne. But yet I hold the ground on which their Absurd assertions are raised, sc. that the Mixture is in the Supremacie of Power, only I give the King, apicem potestatis, the top or excellency of Power, that is, the King is the crown or top of the head, &c. Thus is he pleased to jeere me, but how justly, it will hereafter appeare. And whereas I place the Authority of determining the last controversies in a mixt Government, not in the two Houses, this he commends in me: but that I doe not ascribe it to the King; This he exclaimes against, as a ready way to confusion, but why, and how it is so, he tells us not; only promiseth to speake of it more below, but where that below is, I cannot find.

Sect. 2.After he hath thus touched upon those things which he is pleased to tax in my Treatise. He proceeds, p. 4. to shew us what his intent was of first undertaking and now proceeding in this Argument. Well: let us heare what it was. The intent of his first Treatise was to resolve the Consciences of misled people, touching the unlawfulnesse of Armes now taken up against the King. He erres in his proposing of the very Case. I believe he knowes no conscience misled touching this matter: The Case which he should have resolved, if he had done any thing, was touching the unlawfulnesse of Armes now taken up against subverting instruments of the Government of the Kingdome; and that the resisting of these is a Resisting of the King; No wonder if he who shootes at a wrong marke looseth all his arrowes. This wrong proposing and prosecuting of so weighty a case (which I doubt was purposely done) set me first on work in this businesse. Heare then the case more simply proposed: and I refer me to the consciences of men, whether I come not neerer the truth of it, then this proponent hath done. The Houses declare Religion and established Government to be in apparent danger, by meanes of some subversive Counsellours and Instruments about the King. This being supposed, they proceed according to Vote to the Ordinance and execution of the Militia, so to resist and apprehend those Counsellours and Instruments from whom they had declared the danger to spring. This put on the Doctor to his first booke, to resolve the consciences of men, that it was unlawfull: Now see what course he tels us he took to resolve men in this case. He undertakes to make good two Assertions. 1. Were the King so seduced, it were not safe to beare part in the resistance of Armes now used against him. 2. That the case is not so, as they suppose, but rather apparently contrary. In the proofe of these two, he spends his whole book. Concerning the latter I intend no controversie with the Doctor: Would he could make it cleare to the satisfaction of the consciences of all men; that were the way indeed not only to satisfie mens consciences, but to calme the Kingdome into a blessed peace. But the Doctor is but slight in that part; and sayes nothing, but what, as appeares in the Debate in the end of my Treatise, may soone be answered out of the Declarations of the Houses, and the fresh memory of past occurrents: And in this reply he hath not so much as touched upon that Chapt. of my book: But that which in his first Tract he mainely, and in this Reply he solely labours to make good is the first Assertion, which is a universall one, and worthy to be examined in all Ages and Governments, whatsoever becomes of this present contention in this Kingdome. Now concerning that Thesis, in my Treatise of Monarchy I have affirmed and confirmed two things. 1. That if he could make it good, yet it were nothing to the businesse he hath undertook; which is to satisfie the conscience concerning the Unlawfulnesse of Resisting Instruments, not the King, of which hee hath spoken very little or nothing at all. 2. That if he could prove that in some Kingdomes where the will of the King is the peoples Law, Resistance of Instruments were unlawfull, if actuated by the Soveraignes will: Yet in Legall and Limited Governments, it doth not follow to be true: yet this he must make good, if in our present case he satisfie mens consciences as he undertakes. These two are the summe of my Answer to the Doctor in that Treatise, and if in this Reply he doth any thing, he must speake to these points. Something he hath here spoken concerning the Ordinance of God in Supremacy, Of Cases of Resistance; of Kinds of Monarchy, of the Constitution of this Monarchy; but how truly and satisfactorily, it is my part to examine, and let the world judge.

But as if he had already cleared the matter, he proceeds to give sentence before the cause be heard: And doubts not to call the contrary Resolution a Blaspheming of God and the King, p. 4. I answer, If there be any which will defend the lawfulnesse of taking Armes against the King, and in any case to resist the Powers. They crosse the evident truth of Scripture, and I condemne them: Yet me thinks the Doctor deales somewhat severely with them, to call them Blasphemers of God, for every errour about the word is not Blasphemie; but a wilfull and obstinate speaking evill of the things of God. Likewise concerning a King, if it be true that he be seduced; then it is no blasphemie, which alwayes is a falshood. If it be false, yet it is inhumane to call it a blaspheming, when it imputes nothing to him, but to be seduced, which the best and most innocent Prince may be; sure, if it be a blaspheming, it is of the Counsellours and seducers, for to them the evill is imputed.

Then p. 6. He comes to speake of what he intends in this present booke: sc. that he will cleare this point, That the Doctrine teaching that subjects may take Armes against their Soveraigne for the defence of Religion and Liberties, when in danger of subversion, is destitute of Scripture and true reason. As I said, still he drives at a vaine scope; to prove that which none denies: Let him prove, that in our Kingdome, Resistance of subversive instruments is a taking Armes against their Soveraigne, and he does the work; else he proves in vaine. But let us see how in the processe of this booke, that will be cleared which none doth deny. First upon examination of places of Scripture it will appeare, that Gods people were continually under Kings which they might not resist, &c. What then? must it needs follow, that all other people must too? But whether the word containes any thing against Resistance, and how far, we shall enquire in the processe of this dispute. Secondly, Upon the examination of Reason, it will appeare how inconsistent such a Power of Resistance in subjects is with Government, &c. Indeed he will make appeare a great matter; would he would speake something to the Question, and not proceed so indistinctly; I hope in the processe of his book he will come neerer to the businesse then here he promiseth, or else all our labour will be to little purpose.

Sect. 3.After he hath told us what great matters we are to expect in his booke; he complaints how much his expectation hath been deceived by his Adversaries. He confesses, They have great appearance of Reason raised on Aristotles grounds or principles; so that at first sight it seemed unreasonable that subjects should be left without this remedy. If he speake all this of Resistance of their soveraigne, sure it seemes not at all unreasonable, but agreeable to all reason that subjects should be without this remedy: It is directly against the word and all sound reason, that a people lifting up a Person above themselves, and by sacred Covenant giving him a Power above themselves, should afterward on any pretence assume a power of Resisting that person and power, and violate their own Covenant and Oath of due subjection. But if that Person be invested with a limited Power: and he proceed to acts of meere arbitrarinesse without the limits of that Power conferred on him: Then it is all the reason in the world, that the Limiting States should exercise an effectuall restraining Power by resisting instruments of such arbitrary and subversive acts, and we have not a sillable of Scripture contradicting it. But if it seemed so unreasonable to the Doctor, that subjects should be without this remedy; why doth he contradict Reason in a businesse within its compasse? He tells you, He found Reason presently checked with that saying of our Saviour, Mat. 10. 25. It is enough for the Disciple that he be as his Master. And was this all the check your Reason had? It is a very weake Reason which would yeeld to such a check. What? is every Christian bound for his outward state to be in no better case then Christ was? If he were pleased to be borne under an absolute Government, to be of low and poore condition, doth this impose a necessity on all to be no freer, no richer then he was? A man would think his Reason were not only checked, but broken, which should so argue. Let it be proved that by the providence of God we are brought forth under such a Government as our Master was, then will we hold our selves bound by his example, to abide quietly in that condition we are borne to; but if God, as he hath dispensed to many a richer estate then Christ was pleased to have, so hath to us a freer Government; then the Apostle adviseth us to use it rather, and not to be trisled out of it, by a shew of our Masters example, in a case in which it binds no man.

But in what hath his Adversaries so much deceived his expectation? He expected expresse Scripture, but he finds them altogether fayling; only their faith and perswasion is resolved into an appearance of reason raised upon Aristotles grounds and principles. p. 6. Mr Hooker might have taught him that the intent of the Scripture is to deliver us credenda; but in matters within the compasse of Reason, it is enough if we have evident reason for it, Scriptura non contradicente: and I am consident the Scripture hath not a tittle against such a Resistence as I doe maintaine; and we have reason enough for it. The Scripture was not given to prescribe frames of Policie, which are various according to the disposition of people; Generall Rules there are for Government, which being observed, Particulars, which fall under no setled Rule, are left to reason and the positive Lawes of Nations to determine. Yet we are not wholy destitute of warrant from Scripture, as the Doctor affirmes, but are better furnished then he, as it will appeare in the sequell. If Buchaman, and Junius Brutus, or any else have raised any doctrines on Aristotles grounds which will not consist with Gods Ordinance set downe in Scripture concerning Authority, I am not bound to make good other mens excesses: This Replier knowes, that as I repudiate his Assertions tending to the ruine of all Liberties of States: So I hold it unlawfull to use any force against the person, or Authority of the Supreame, even in the most Legall and limited Monarchy. Therefore he doth me exceeding wrong in the close of his first Section, to say, that, I agree with the rest to use what force they can against such a Monarch for suppressing of his tyranny, &c. All I say is, that Force may be used; but neither against the Person nor Authority of the Monarch, which in all Governments of that nature are to be held sacred and inviolate.


Chap. II. An answer to the second Section concerning Cases of Resistence.

I Could have wished, that if it had pleased this Doctor to reply any thing, he would have followed the steps of my Treatise; but sith he intends no full returne, but doth only catch at here and there a passage, without observing any order, I will frame my Answer to the course of his Reply; and cleare the parcels of my book as I find them assaulted in my reading of his. The Title of this Section being Cases of Resistence, the first part of it is spent about such Cases as are put by the Divines who plead for Defensive armes. At length, p. 9. 10. He comes to the alone Case in which I defend Resistence, in the p. 51. of my Tract, where I put the Question of Persons misimployed to serve the illegall destructive commands of the Prince. And I affirm in such case, and of such Persons Forceable Resistance to be lawfull by the two Estates of Parliament. This I prove by five Arguments, which here the Doctor doth not touch, but referres them to the p. 93. of this Reply. Only here he gives us a Magisteriall determination without any proofe at all. But let us heare his Resolution upon the case. He dares not openly to pronounce it unlawfull: but distinguishes of Persons and Times, as if he would yeeld it lawfull in some, but not in others; Certes, if for any, then for the two Estates; if any, then Instruments of subversion: if simply none, why doth he with so great cantele distinguish. Well, audiamus distinguentem? If by those misimployed persons be understood the Commanders and Souldiers of the Kings Armies, I cannot see (nor any man els, I think) but that the resisting of them by a contrary Militia, is a resisting of the King, and unlawfull, p. 9. I answer, I cannot see, nor any man else, I think, why Commanders and Souldiers should have a priviledge of subverting States and Governments more then other men: Can the Royall Power extend to give them an irresistibility, and not to others? Certes, if others may be resisted, much rather Commanders and Souldiers, because there is greater danger of subversion from them then from others: Their being Commanders and Souldiers makes them more dangerous, but not more priviledged: But, he nor none else can see, how such can be resisted, but it must be aresisting of the King, and unlawfull. Perhaps he is mistaken in others, they may have clearer eyes then he hath: In the p. 52. of my Treatise, I have made it luce clarius, that in a Legall Monarchy it is not a Resisting of the King. Then he proceedeth to another sort of men which I hope may be resisted. But if by those misimployed persons be understood other instruments of oppression in times of peace, before it come to Armes. What of these, may such be resisted? Here he resolves very cautelously and timorously, after many words, p. 10. without prejudice to other assertions of his of other resistance, He conceives it not unreasonable to say, First, if private men be sodainely assaulted, and life imminently endangered, and no meanes of avoiding by flight, then is personall defence lawfull, for such sodaine assault carries no pretence of authority with it. What is this to the matter? we enquire not of resisting assulants carrying no pretence of authority with them; but of subverters of Government warranted by the Kings will; and carrying pretence of Authority, though they have none. Secondly, If they come with pretence of Authority, there may be seeking redressement above from Authority, but if that may not be had, yet no resistance. And who then minding to kill or rob, may not make a pretence of Authority, that to be may effect his mischiefe without repugnance? But yet the Doctor will give us a little more, The Ministers of Power in each County, and the Houses of Parliament also (for with him they be equall) may at first stay, restraine, and commit such misimployed instruments, and so represent the matter againe to the King. But is not this to resist them? No; he tells us, this is not to resist. No? if misimployed instruments may be staid restrained, and imprisoned, sure they may be resisted: Else what if they should choose, and will not be committed; The Parliament must not lay hands on them to compell them; for so there may chance to be fight, and slaughter in the apprehension; and then the Doctor would call it Resistance I think. But suppose the Houses of Parliament doe commit such persons and represent the matter to the King, and a King should be so obstinate as to persist in the maintenance of those illegall courses, and to that end imploy the Militia, it is neither Legall nor Reasonable, they should pursue the opposition to the setting up of a contrary Militia or Power, p. 11. Here we see the upshot of the English freedome, and priviledge of Parliament. This is that which I said; These men overturne all liberties, The result of their doctrine destroyes all policies, reducing them all to that which is arbitrary: If the King should set Souldiers to destroy Lawes and Parliaments, They may (if they be able) stay their hands till they goe to the King, and know whether it be indeed his will and pleasure to have them destroyed or no; If he say, Yea; then they must returne and submit to the vilest instruments of subversion, and not lift up a hand to resist them. But let us see, on what weighty reason the Doctor builds this fatall Resolution. This were a contestation of Power with him whose Ministers they are, a levying of warre, an opposing of Armies against Armies. Sure this man doth much abhorre a Civill Warre: I cannot blame him: but yet we may buy an immunity too deare, at the prize of a subversion of Religion, Laws and Government, which is the case in dispute. This were to choose to be killed, rather then to fight: To have a State subverted, rather then disturbed by a warre to prevent it. I grant, There must be no contestation of Power with him whose Ministers they are: But this is the point to be proved, that in this case, it is so: I utterly denie the Royall Power in our State can be communicated to subverting Instruments: And I doe in vaine expect, while the Doctor prooves that, which every where he supposeth: For he builds all on this foundation, sc. That Gods Ordinance is an Absolute unlimited Power, investing the whole will of the Supreame, and cannot be determined in the exercise, but onely morally; the vanitie of which conceit will appeare hereafter, yet note here in the close, that while he pretends a detestation of Civill Warre, he could doe nothing more to foment it, then by defending such Positions of intolerable servitude: Did not such rigid Counsellours of the King of Israel cause the greatest Rent and Civill Warre that ever was made in any Kingdome?


Chap. III. An Answer to the third Section which concerns severall kinds of Monarchy.

Sect. 1.IN my opinion it had been fitter to have treated first of severall kinds of Monarchy; and then of Cases of Resistance; for the subject in which should precede the Question whereof, in all methodicall proceeding. Here againe in the first place, this Replier would make his Reader believe that penury of Scripture-proofe put me upon distinguishing of severall kinds of Monarchy, That so I might lay all the defence of Resistance upon Reason drawne from the severall condition of Monarchies, p. 11. I have sufficiently before discovered my intention in that Treatise. The Resistence which I defend hath as much proofe from Scripture, as a matter of that nature need to have. Then he abuses me, as finding fault with Divines, that pleading for absolutenesse of Monarchicall Power in this Kingdome bring proofes from places of Scripture, p. 12. I complaine not of all Divines, but some, such as this Resolver is: Some, and that but of late yeares; and that but in this kingdome, where such doctrines are the rode to preferments: nor doe I blame them for bringing proofes for subjection, and against Resistance from places of Scripture, as he calumniates me; but I blame their grosse perverting of Scripture; bringing prohibitions of Resistance of Powers against them who condemne it as much as themselves; And of violating the Lords annointed against them who hold them as sacred and inviolate, yea on more solid grounds then themselves doe. And their fraudulent reasoning from one kind of government to another, as if all Politicall provisions of States for their Liberties did make no variation in the case; but that still they were in the same State, as the people subject to the most absolute vassallage.

Sect. 2.But because he boasts so much of setling mens Consciences on warrant from Scripture, that he expects command or allowance of Resistance from Scripture, p. 6. That his Adversaries resolve all their faith and perswasion on an appearance of Reason drawne from Aristotles grounds, ib. and here that I observe there is but little pretence from Scripture for Resistance; and thus would perswade men, as if he had all Scripture for him; we nothing but a few huskes of reason for us: Let him not thinke to carry it thus away with vaunts and big words: I will professe here once for all. He hath not a sillable of Scripture or right reason to satisfie the conscience with in this controversie: If it please this Doctor, let us joyne issue upon it, and put the whole case on this point. The Question betweene us is, Whether in a limited Monarchie, Resistance of subversive Instruments be unlawfull. He affirmes, I denie. He undertakes to satisfie mens consciences that it is unlawfull: bringing not one Text of Scripture, which speakes to the point: Something he brings to proove it unlawfull to resist the Ordinance of God: that the Magistrate which is supreame under God is above all Resistance, p. 84. He doth great matters; who doubts of these things: Then p. 84. he accumulates nine Arguments, but all so non concluding, that ninescore of them will not make one found proving Reason of the point in question, as it will appeare when we come to consider them. On the other side we have both to settle mens consciences on. 1. Examples of Scripture, sc. The peoples rescue of Jonathan: Davids armie against the cut-throats of Saul; that is, subversive Instruments: These being particular men, and in an absolute Monarchie proove the point the more strongly, so strongly that the Doctor is saine to flie to that ordinary evasion, of an extraordinarie priviledge. Besides all those places which prove it lawfull to resist private men, seeking to subvert Lawes and Religion, and the publike good; sith in a limited State they are but private men, though backed with a Commission from the Kings will and pleasure. 2. Then for Reason; I have set downe five, p. 53. all unanswerably concluding the point in Question, as I doubt not the considerate Reader will acknowledge.

He professes, p. 12. That it was never his intent to plead for absolutenesse of Power in the King, if by absolutenesse of Power be meant a Power of Arbitrary Command. What his intent is I know not, but he hath fully done the thing, or I have no understanding to see when a thing is done. In the precedent Section, he resolves all cases into the Arbitrium Regis, the meere pleasure of the King: allowing the Houses of Parliament only a power of staying the hands of destroyers, till it be expressely knowne whether it be the Kings pleasure they shall be destroyed: And I am confident the meanest apprehension will discerne, that they who make the Monarchs sole Will the last judge of all controversies: and simply deny in the last case of subversion, all Power of Resistance of Instruments, even to the supreame Courts of Law and justice, doe without any controversie, resolve all government into an Arbitrarie Absolutenesse. He adds, We allow a distinction of Monarchies and admit the Government of Kingdomes to be of divers kinds, and acknowledge a legall restraint upon the Power of the Monarch in this Kingdome. Verba datis, rem negatis; you allow indeed a kind of distinction of Monarchies, but all within the compasse of Absolute: A legall restraint you seeme to acknowledge; but such an one as resolves into the Arbitrary Will of the Monarch, as I have made it appeare in my former Treatise; and you will never be able to wipe off by this, or any other Reply. Then he promises that in this Booke certaine points will appeare to be truth, agreeable to Scripture and Reason: sc. That Government is not the invention of man, but the institution of God: That Governours have their Power not from the people, but from God: That Governing Power is one and the same in all supreames, and can only be limited in the exercise. And that where a Prince stands supreme, and next to God above all the people, there the Subiects may not take armes and make forceable resistance for any exorbitances. These severall Propositions how farre they contain Truth, and how far not, I shall in the sequell make appear.

After these great promises, he proceeds, p. 13.Sect. 3. to speake somewhat of the Originall of Governing Power: and accuseth me as if I seemed to affirme it to be from God; but in the processe of my booke, he finds me deriving it indeed from the people. I perceiving two contrary opinions concerning the Originall of Government, did in that Treatise endeavour to reconcile them, and to shew in what sence both are true. To that end, as there is manifest, p. 4. I distinguished 3 things. ‘It’s constitution;’ It’s Limitation to one kind. ‘It’s determination to one individuall Person and Family. The first of these I did affirme to be from God: The two latter from Men, and then concluded, In these things we have Doctour Fernes consent. Let us see what exceptions he can take at this peaceable assay of Reconcilement. In the processe of my Discourse he findes me deriving is from the people. What then? Doe I denie it thereby to be from God? as if Subordinates did exclude one another. God hath ordained that Powers should be: People by vertue of that Ordinance give them existence in this or that kind and subiect. The Doctor acknowledges all this, but not in my sence, p. 14. He grants the Designation of the Person, and the Limitation of the Power to severall kinds to be from the consent of the People. I say no more; why doe we not then agree? The plaine truth is, The Doctor will not have Limitation of Power to be at all from the people, what ever he pretends: How then the Limitation of the Power to severall kinds is from the people, as the Doctor yeelds, I cannot tell. Is not Limitation of it into kinds, Limitation of the Power it selfe? But he is possessed that my sound sence is another sence from his; what other he doth not shew: but it is another which he likes not. Why? Because sometimes I say, the people reserve a Power to oppose or displace the Magistrate: Sometime they divest themselves of all superiority. ’Tis true, I say so, but withall I say, that when they reserve such a Power, they constitute no Monarchy. Is it not so, in the highest Ministers of Power in Aristocracies and Democracies? What can he say against so apparent a Truth? 2. I call them, p. 63. Architectonicall Powers. This he derides and saies, This is the riddle of this Governing Power originally in the people. They are Architectonicall Powers, but build upon foundations laid in the aire, p. 14, Then he gives his reason, For before Government established they have not any politique Power, whereby a Command may be laid upon others, but only a naturall power of private resistance. This is false, that they have onely a naturall power of private Resistance. They have indeed no formall politique power, for we speake of a people free from all government; but they have a virtuall radicall power, by publike consent and contract to constitute this or that for me of Government, and resigne up themselves to a condition of subjection on Termes and after a form of their owne constitution; so the Athenians, Lacedemonians and Romans of old having expelled their Kings: and the United Provinces, with others of latter times have done: This is that which I called Architectonicall Power; and the Replier vainly carpes at the name, when he cannot denie the thing. But I know what he aimes at in all this, sc. That Gods Ordinance is an absolute boundlesse Power in all Supremes, uncapable of any limitation, but in the exercise.Sect. 4. Of which folly afterwards.

At length He takes a nearer view of the Formes of Monarchie, spoken of by me, and makes a few observations upon such particulars as him pleaseth, p. 14. Let us follow his steps. First, for Absolute Monarchie, whereas I say it is, when Soveraignty is so fully in one, that it hath no limitation under God, but the Monarches owne will. He approves my description; but threatens to remember it below, p. 15. Let him doe so; and make his best advantage of it, only here he cannot forbeare one note, that then it is not the deniall of resistance which makes a Monarch absolute; but the deniall of a law to bound his Will. I doe grant it; but with all I say, that it is necessariò consequutivum, though it be not constitutivum: for sith a Monarch which is obsolute hath no Law to bound his Will; but his very Will is the Subjects Law, then every act of his Will is Gods Ordinance, and so by consequence it is unresistible. Also, p. 15. He allowes it, when I say, A limited Monarch is he who hath a Law besides his owne Will for the measure of his power. But yet he dislikes that I say, He must be limited in the Power it selfe, and not only in the exercise; and I added a reason, for an Absolute Monarch may stint himselfe in the exercise of his Power, and yet remaine absolute. What saies he to this? True, if such a Monarch limit himself and reserve a Power to vary,—but if he fix a Law with promise not to varie, then in those cases he is limited. Note the fraud of this Replier, he alters his terms and puts things as opposite which are not so: He should say, if he limit himselfe, and reserve a power to varie; then he is absolute; but if he limit himselfe and reserve no Power to varie (for then the opposition is direct) then he is limited. But in stead of saying (and reserve no power to varie) he saies, but [if he promise not to vary] I say that promise not to vary, if it be a simple promise of not varying, it doth not make him limited in his Power, any more then morally, and so every Absolute Monarch is limited. I affirme still, it is Limitation of the Power it selfe, not barely of the exercise, which constitutes a Limited Monarch: for Monarchy is a state of Power, and therefore it’s specificative distinction must be from something which distinguisheth Powers, and not the exercise of Powers; but this is enough proved in the 5c page of that Treatise.

Secondly, he blames me for that I suppose a Limited Monarch must be radically, that is, originally invested with such a measure of limited Power, and that limited, ab externo, and not from the free determination of his owne Will. Here he adds originally of his owne; that so he might seeme to finde a contradiction, when I afterward say, that it may be done by originall constitution, or by after condescent; but yet he confesseth, I have a salve, when I make it such a condescent, as is equivalent to an Originall Constitution, because amounting to a change of Title, and are solution in the Monarch to be subjected to, no other way. I make no salve, nor doe I need any; he who weighes the Uniformity of Truth in that Treatise will see it needs no salves: Onely I distinguish those things which are in their natures distinct, which if the Doctour had done, this Contention either had not been begun, or would soon have an end: Who sees not that a Promise, whereby a Monarch may bind himselfe may either be with a limitation of the bond of subjection, or without: And that this makes a reall difference; for in this the Government remaines the same, because the Dutie of subjection received no variation; but in that there is for so much a Transitus into a limited condition. But these things cannot be more fully and clearly expressed then they are in the page 13. of that Treatise. But he answers, Where there is such a change of Title, it is done at once, and by expresse and notorious resignation of former Power; but it is not necessary that an absolute Monarch should come to a limited Condition after that manner, I say, if he will passe into a limited condition, it is necessary there be a limitation of his Power, else he is not truly limited: But that all such limitation be done at once and by notorious resignation, it is not necessary, as will appeare afterward where this matter of Limitation is more distinctly handled.

Sect. 5.His next complaint is against something I have in the page 25. sc. That in a mixed Government (if it be of three) the Soveraign Power must be in all three originally, and from fundamentall constitution. He judges this not necessary, p. 17. and he gives a wonderfull Reason: For as Limitation may be only of the exercise of the Power, and not of the Power it selfe; so mixture is in regard of Persons ioyned to the Monarch for certain acts and purposes; but that they should have any share in the Soveraign power, the nature of Monarchy will not admit. 1. Just so; for as a Monarchy is not limited unlesse there be a limitation of Power, for Monarchy is a Power; so a Monarchy cannot be mixed, unlesse there be a mixture of Powers, for Monarchy is a Power; and to say a mixt Monarchy, and yet the Power not mixt, is to speake contradictories. 2. If the mixture be not of divers concurrent Powers; wherof is it? He tells us, of the Monarch and certaine other Persons joyned with him for certaine acts and purposes. These joyned Persons, have they any concurring Power to doe those acts for which they are joyned? If not; then the adjoyning is futulous and vaine, and the Power of Monarchy is mixed of a Person having Power, and of others having no Power to doe that for which they are joyned. You will say, They have Power, but not distinct from that of the Monarch: that is, they have none; for in mixture, if it be not distinct, it is none at all. Againe if they have any, it must be distinct, for subordinate it cannot be; if the Acts to which they concurre be supreme Acts, unlesse we should be so absurd as to say, They may concurre to supreme Acts, by a subordinate Power. But let us see, what a maine Reason he hath for averring a conceit subject to such absurdities. Such a mixture would make severall independent powers in the same State or Kingdome, which is most absurd. I grant it is absurd, if he speake of severall complete independent powers; but to affirme severall incomplete independent powers concurring to make up one integrall mixt power, it is no absurdity at all for so it is, in all Aristocracies and Democracies, and must be acknowledged in all mixed States, where the supremacie is not wholy in the hands of one person. Yet here we doe not so make them independent, but that we give a large predominancie to One, as, in nature, in all mixed bodies there is, as I have at large explained my selfe in the next Section, if the Doctor had been at leasure to have taken notice of it. I yeild to that which he sayes, p. 17. that it is not necessary the Mixture should be so Originall, but that it may also come afterwards by condescent: It matters not, so it be originall, that is, radicall: of Powers, and not of meere Acts: And indeed, there cannot be a mixture of Acts, unlesse it be also of Powers: for Acts are from Powers: and where Powers are subordinate, there can be no mixture in their Acts; the Acts of causes subordinate, are also subordinate, and not coordinate and mixed. But I there brought two Arguments to prove that in a Mixed Government, the Concurrents must have independent and distinct Powers. Let us see how he answers them. 1. Because else it would be no mixture, but a derivation of Power, which is seen in the most simple Monarchy. He answers, that derivation of Power is either upon substitute Officers supplying the absence of the Monarch in the execution of Power: and this is in the most simple Monarchy. Or else upon Persons whose concurrence and consent is required to certaine Acts of Monarchicall Power; and this makes a mixture, though they have no share in the Power it selfe, p. 17. I answer, 1. Absence or presence of the Monarch; whether they Act for him, or with him, varies not the case, If the Power they work by be derived from him, then it is his Power, and so constitutes no Mixture. 2. As if in the most simple Monarchy, the Soveraigne doth mannage the ardua imperij, the weightiest matters of State alone; and not by consent of his Counsell; without whom he is morally bound, (that is, on the sinne of rashnesse) not to transact them, and that is all, which the Doctor yeilds to the Houses of Parliament, sc. that the King is morally bound to their concurrence and consent in certaine Acts. This is nothing but the shadow of a Mixture; If the Power of Acting be so in one, that, if he please, he may doe those Acts without the concurrence of those adjunct Persons, though he ought not, it is no Mixture, because the Power is simple and One; and mixed Acts cannot flow from one simple Power. This the Doctor sees, and therefore sayes, If this Authour will not call this a Mixture, we cannot help it, p. 18. We doe not enquire of Names, but of things; nor whether it make a difference in Government or no; We treat of a Mixt Governement: and, I think, no man of common sense will affirme, that a Government can be really mixed, and yet the Power be simple. 2. Because the End of Mixture (which is Effectuall Limitation) cannot be had by a derivate Power. He answers; Though a Derivate Power cannot set new bounds to the Soveraigne Power, yet may it stand to keep in a legall way those bounds which the soveraigne Power hath set to it selfe. Observe, He dares not to say, They may keep: but only stand to keep; nor stand neither, but by advice; that is morally: If he will exceed those bounds, the Act is valid, and hath all its Authority without them: Only he sins, if he doe so; because he hath promised he would not doe it without them: Here’s excellent Limitation and Confinement from exorbitancies: A bare promise, without such adoe, in constituting States and Mixtures, would be altogether as good a bounds; but of this we shall have more occasion to speake afterward.

Sect. 6.In the close of this Section he turnes back to the p. 21. of my book, and hath somewhat to say to my Assertions about Monarchy by conquest. There first I say, If the invasion be made upon pretence of Title, and the pretender doth prevaile, it is not Conquest properly, but a Vindication of a Title: and then the Government is such as the Title is by which he claimed. He tells us, He sees no injustice in it, if such a one having prevailed should use such a people as a Conquerour, p. 19. The Lord keep us from this mans justice. What; No injustice? If the Pretenders Title allowed by a great part of the people, he by their aide subdues the rest, shall he for their labour crush them into servitude, and use the power of a Conquerour, without injustice? 2. Suppose the people not convinced of the right of his Title make at first some opposition; but yet the pretence of his Title, and apprehension that he seekes no more power then his Title imports, work a yeilding disposition in them, so that they withstand not so universally, nor so long as they might have done; but at length submit to him on his pretended termes: were it not high injustice to take advantage on such a people, and having them under hatches to desert those termes on which they yeilded, and use the full right of a Conquerour: This was Englands case with Duke William. But the maine thing which sticks by him is something I have delivered, p. 23. It is an uncontrolable truth in policie, that the consent of the people, either by themselves or their Ancestours, is the only meane in ordinary providence, by which soveraignty is conferred upon any person or family. Against this he is very angry; and opposeth it in many words; but to my Argument from the Morall bond of subjection, he sayes nothing at all. He termes it good policie, but bad divinity, p. 20. And sets up an Antiposition, that when the invading Prince has perfectly subdued a people (there being no heyre to whom they are bound) and hath setled and constituted a frame of Government, then providence doth sufficiently discover it selfe, and such a people ought to submit and take this Prince as set over them by the hand of providence. As if these two were contrary: I say, They are not bound untill they consent: He sayes, in such a case they are bound to consent, because then providence discovers it selfe: And he brings Calvin at large to prove that which none denies: I grant a people (not preobliged,) fully overcome should much sin against Gods providence by obstinacie, if on a meere will, they consent not to reasonable termes of subjection: But this I say, There is no morall obligation to Authority, before that consent bind them: Conquest may be an Antecedent cause; but the immediate and formall cause is only the consent of the people; which he cannot say against; for that must be morall, and not meerely violent. The call of providence challengeth a contented submission, if there be no reason hindring it; but if a precedent Oath or some other sound reason intervene, then it is no call requiring submission: Neither can the fullest conquest make a people debtors, but they remaine free from any morall bond; for the providence of God being of it selfe externall, can induce no morall state; but that providence which on one discovery calls to a submission: on a like discovery may free them againe, if nothing else come between, to render them morally bound: A Travellour, by the providence of God shut up into the hands of a Robber, hath his life and protection promised him in his journey, if he will promise to pay him so much money: I say, this Travailor should sin against his own life, and the providence of God, offering him those termes, if obstinately he refuse submission: Yet no man will say he owes the robber so much money, because he hath him at his mercy, untill he by promise make himselfe a debtor: Thus have I made good that maxime of mine to be an uncontrouleable Truth, good Policie, and good Divinity too; mangre all the Doctor hath or can say against it.


Chap. IV. Wherein the vanity and falshood of the supposals whereon the Doctor hath built all his discourses is made appeare.

Sect. 1.AFter a scattered gleaning of passages in the former Sections, the Doctor undertakes the two great Questions. 1. Of the Constitution of this Monarchy, in his Sect. 4. 2. Of Resistence, in the remainder of his book. Which two, we should now immediately pursue; but that another work more conducent to the ending of this contention will for a while divert me.

Errour in the search of controverted truths doth more often arise from the judgement, then from the reason: Men doe more offend in laying false grounds; then in deducing false inferences from true grounds; This I have observed in the Doctors bookes: He truly argues, but from false principles; and then the superstructure must needs be answerable, so that, overthrow his foundations, and then all his building will of it selfe ruine into apparent falshood. I confesse he every where sayes the same of my Grounds, on which I have built that Treatise: He cals them false and groundlesse supposals, and fancies, and what else he pleaseth: I will therefore make him a Ayre offer: Let us make a short work of it: let us joyne issue upon our supposals, on which both our discourses are built.

This Doctors supposals which he scarce ever makes shew to prove and on which he hath built his Resolves and Discourses I doubt not to call unsound and false: and doe professe the contrary to be my grounds whose truth I will maintaine. His may be reduced to foure heads. 1. Concerning the Ordinance of God in Soveraignty. 2. Concerning the Nature and Quality of Limitation. 3. The Meanes and causes of Limitation. 4. The Constitution of this Monarchy. And according to this order we will take them into examination.

Of Gods ordinance in supremacie.First, Of the Ordinance of God in Magistracy, He proceeds on two false principles. 1. That the Governing power is one and the same which God gives and settles upon the person that is supreme, p. 13. that is, it is absolute and unlimited in the power it selfe; and may be limited only in the exercise thereof, p. 17. 2. Which followes from the former, that Consent of people may be the meane of designing the person, and yeilding subjection to him, who else could not challenge it more then an other man; also a meane of limiting that power in the exercise of it; but not the measure of the power it selfe, which in such a measure is given of God to all Soveraignes, p. 41. so then;Question proposed. let this be the Question, Whether it be Gods Ordinance that Governing power in all Soveraignes be one unlimited thing; and can receive no measure from the people? The Doctor affirmes it; and p. 84. tells us he hath often insinuated it; but he should once directly prove it, if he be able, so he might have prescribed to the whole controversie; for if he can make this good, in vaine doe we enquire about the constitution of this Monarchy; or the lawfulnesse of resistance of subversive instruments of the Princes will. Doth he think a covert insinuation would serve the turne to impose such an Assertion, which frustrates the intent of mankind in framing limitations of Governing power; and captives all into an absolute passive subjection to the vilest instruments of the will of him who is supreme. In all his reply I find but two places which have any shew of proofe of this overhold Assertion. One is p. 14. Before Government established the people have not any power of a community or politick power whereby a command may be laid upon others; but only a naturall power of private resistance. The other is p. 42. The people have not of themselves out of Government, the maine power, the power of life and death, how then can they give it either for Government, or reserve it for Resistance? Here be weake foundations to build such an Assertion, and three such insulting books on. What a nothing this is, I shall make appeare anon.

Question stated.Now I hold the Negative of this Question; and doubt not to approve it firme truth: To that end, first I will premise such things as we agree in, that so the point in question may the more distinctly appeare. Which I apprehend are or may be these. 1. That Governing power is originally from Gods Ordinance. 2. That it being so, is unresistible in its whole latitude, in all the acts which flow from it. This the Apostle is cleare for, Rom. 13. and for no more, that I know. Also that this is true as well in Limited as Absolute Governments; v. g. In absolute Monarchy, where Authority doth invest the whole will; the Monarch is unresistible in all the acts of his reasonable will; because all are acts flowing from Gods Ordinance. So in limited Monarchy, where Authority doth not simply invest the will of a Monarch, but so far forth as it is regulated by such a law, the Monarch is unresistible in all the acts of his will which are according to that law; because they are acts flowing from Gods Ordinance: Yea though either of these doe limit himselfe in the exercise of his power, no way thereby diminishing the fulnesse of his power; and afterward exceed those limits, yet he is unresistible, and to be subjected to actively in lawfull things, and passively in unlawfull: my reason is, because even those acts, notwithstanding limitation, flow from Gods Ordinance of Authority, which remaines the same, and not lessened by such limitation. 3. This governing power is ordinarily conveyed to persons by publick consent, which is a point made good in my former Treatise, and in the former chapter hereof. 4. That this publick consent is not only a meane, but hath a causall influence in conveying Authority to persons. 5. That men working by such consent as second causes, doe necessarily convey such Authority, as God hath ordained; so that, if it can be proved either by Scripture or sound reason, that it is Gods ordinance, that supremacie should be unlimited, and as large as all the acts of his will which hath it, then whatever men capitulate about limitation of it, is vaine, so that the Doctor need prove only that point; and for my part I will give him the cause. 6. Limitation of Power may be either of Acts, when Power is conveyed to Persons to doe certaine Acts of Power; but not all. Or else of Manner of working; when Power is conveyed to doe all Acts of Authority, but according to such a prescribed Rule. Now I grant the former cannot be in the conveyance of Soveraigne Power, an inferiour Officer may be limited by commission to certaine acts of Power; and have no Authority to do other Acts of power; but when Soveraignty is conveyed, and the Person is set up next to God, above all the people, as the Doctour saith. He must have an unlimited Power in respect of Acts of Government: for Gods Ordinance is not onely that there should be Power for such an end; sc. a Peaceable life in godlinesse and honestie; but sufficiencie of Power for the attainment of that end: So that all Power of doing any Act needfull for that end, must be in him who is supreme, and the comprehensive Head of Power to inferiour Magistrates. So that all the Question truly stated is about the other sort of Limitation, sc. Whether Soveraigne Power be so unlimited in its Rule of Acting, that it investeth the whole Reasonable Will of him who hath it: So that all the acts which proceed from him who hath it according to the rule of his owne Reason, be potestative, and from Gods Ordinance.

Question determined.Secondly, having thus punctually stated the Question, the Determination must proceed in a double way, sc. 1. In simple Governments. 2. In mixed Governments. I do maintain the Negative in both: and my proof shall be formed accordingly.

Assert. 1.First then, In simple Government, Power is not one Unlimited thing in the supreme: But may be limited in the very being and root of it. 1. The cause or meane by which alone it is conveyed,Reas. 1. if it bestow or convey only a limited Power, then it is limited in the very Being of it. For there can be no more then is conveyed: Now we know, the people by their publike act of consent and compact, may either bind themselves to a full subjection to the Monarchs Will guided by his owne Reason; or by some constituted rule or law set him to governe by; which latter if they doe, then is his Authority radically limited: For they owing no more subjection; He can have no farther Power. 2. If soveraignty may be so limited,Reas. 1. that Active Obedience is not due to the commands which exceed those limits, but may lawfully be denied to them (as the Doctour acknowledges it may, p. 16.) Then it may be limited in the Power it selfe: For in such case the Power exceeds not the limitation; for if the exceeding Acts were potestative, we owe Active subjection to them, in as much as they are the Ordinance of God, to which in omnibus non prohibitis, Active subjection is due.Reas. 3. 3. If Power in the supreme be such, that it cannot be limited, then either because it is Gods Ordinance; or else because it is supreme: but its being Gods Ordinance hinders not; for we see, Rom. 23. All Powers as well supreme, as subordinate are Gods Ordinance, yet subordinate Powers may be limited, not only in the Rule of &illegible; but in the kind of Acts; as none can denie. Neither its being supreme doth hinder its limitablenesse; indeed, as before it hinders it from being capable of confinement, in the kind of Acts: but in the measure or rule of working, it doth not hinder, in as much as a Soveraigne Power may as well attaine its end, by being confined to another Law from without, as by the Law of its own Reason, if not much better; also we no where finde Gods Word making any difference or giving power to confine subordinate Powers; but forbidding it of Soveraignes, 4.Reas. 4. That is to be granted, which denied makes all Soveraignes arbitrary, and of equall Power; but to affirme that Power is one, unlimited, and investing all the Acts of the Soveraignes Will doth so, for then is soveraignty arbitrary, not when it hath no morall bounds, for then none were or could be arbitrary; but when Power is so fully in one that every Act of his Arbitrium or Will is Potestative and soveraigne.Reas. 5. 5. I have the judgement of all the Reformed Churches and Divines in Germany, France, Belgia, Scotland, on my part; who have both allowed and actually used forceable Resistance against subversive Instruments of their Soveraignes Will; yea our owne famous Princes Elizabeth, James, and our present Soveraigne, both by edicts, and Assistance have justified the same: which they would not have done, had they been perswaded of such an unlimited Ordinance of God investing all the Acts of the Will of him who is supreme. So that by all this it appears that the Doctors conceit of such an unlimited Ordinance of God, which he brings not a tittle of Gods word to prove, is a meere chimera and groundlesse conceit.

Object.Now the onely difficulty, which I can thinke on, is this. Gods Ordinance in soveraignty, as before, is not onely Power to such an end: but sufficiencie of Power to the assecution of that end: now a limited Power seemeth not to be sufficient for the end of Government, because there are two Powers necessary to the end of Government, sc. Power of making and authentique Interpreting of Laws, which are not consistent with a Limitation of Power.

Sol.I answer: It is true of Limitation in respect of Acts; and therefore I averre, that such a Limitation cannot be where Power is supreme: but for Limitation to a Rule and defined way of Working, I cannot see how it with-stands the end of Government: So that supposing Power of making and Interpreting Laws be necessary to the end of Government, yet that they be Absolutely resident in him who is supreme, sc. To make Lawes and Interprete Lawes authoritatively without being bound to follow any Light or Rule therin, but his owne Reason is not necessary to the end of Government: In these Acts a regulated Power is enough in the most simple State, sc. a Power to make now Lawes, if any be needfull; and Interpreting the old, if ambiguous, according to the Rule of the former established Laws; and by the advise of his learned Counsell and Judges of his supreme Courts of Justice. We see in matters spirituall, there is no Legislative Power resident, to ordain or give authentique sence in matters de side, yet the Church stands well enough; one standing Rule of Scripture being sufficient with a ministeriall Interpretation: So it is probable a State might, by a complete standing Rule of Law, and a Ministeriall Power of Interpretation, were there no Legislative Power resident in any Supreme Magistrate thereof.

Assert. 2.But the matter is farre more cleare in a mixed Government; so that were it necessary in a simple Government, that the Supreme should be unlimited in his Power, yet in a Mixed (which is enough for us in this Kingdome) evidently it is not so: And to make this appeare, I will lay downe three grounds. 1. Such a Government may be established that the supreme Power may be placed in many persons, either of the same, or divers condition, that is, in a mixed Subject: else all formes were unlawfull except simple Monarchie. 2. If this supreame Power be inequally placed in these Persons or States of men; so that a reall sublimity and Principality be given to one, then the denomination may be taken from that Principall: and so it is a Monarchy, or Aristocracy, or Democracy mixed in the Power it selfe; however it pleaseth this Replier to deride it, with the top, or Crowne of the head: of which more hereafter. 3. Where the Supremacy of power is thus in many, although all taken together have an unlimited Power, as in ours, yet neither of them severall by himselfe hath, or can have; for it is a contradiction, that it be resident in many, and yet unlimitedly in One.

Now to those two shewes of Argument, which in the beginning I produced out of this Reply, I say, before Government be established it is true the people have no formall Politique Power of Life and Death; yet they have a seminall; that is, every one for himselfe, his family and posterity hath a power of resigning up their naturall liberty, to be governed by One, or many; after this or that forme as they shall judge fittest. God ordaining that Powers should be to such an end, hath thereby legitimated and ratified any Consent or Contract which people may make of parting with their liberty and giving Magistrates a common Power over them to that end. And Gods not prescribing any Rule or Measure of Power by his Ordinance of Authority, hath left it in the peoples liberty, to resigne up themselves according to such Rule and Termes, as they judge fittest, so it be such as the end of his Ordinance may be attained thereby. Thus although by it selfe, and excluding Gods Ordinance they have no immediate Power to lay a command on others, nor Power of life and death, yet in vertue of Gods Ordinance their common consent and contract is sufficient to set up such a Power which is endowed with a sufficiency of Command for Government and the end of Government over those which have, each man for himselfe and his, set it up. So although second Causes have no Power by themselves to produce their effects; yet working in vertue of the first Cause they have Power to produce effects, sometimes farre beyond their own Measure. Therefore I desire this Doctour either to bring some Ordinance of God expressely forbidding to set any bounds or Rule of Power upon the Will of the Magistrate; or else let him suffer Man-kind to use their Right in resigoing up that liberty which God and nature hath given them upon such termes and conditions as they apprehend best for their own good: and the due end of Government.

Summe.In the close of this Question, I will lay downe three Conclusions concerning the Ordinance of God, and the Nature of Soveraigntie.

Conclus. 1.1. God hath ordained that in Societies of Men there should be a Politike Power, for a peaceable and godly life: This Ordinance hath put a Seminall Power in all the Societies of Men, sc. a Liberty and Power by common Consent to resigne up themselves and theirs to one Supreame; thereby constituting a common Politique Power.

Conclus. 2.2. God in his Ordinance for Government having not determined any kind or forme of Power; hath left it to the libertie of Societies of men to choose to which kind they will resigne up themselves, either to a supreme regulated in the Acts of his Will by his owne Reason, as in absolute Government; or to one regulated by a Common Reason or Law constituted by publike consent, as in Limited.

Conclus. 3.3. God in his Ordinance for Government having not determined the subject of this Power, hath left it to the choice of Societies to invest with this Soveraigntie, either one Person or many, and those either of the same, or divers sorts and rankes of men; Whence arise simple or mixed Governments, and this is the Architectonicall Power left in societies before they are engaged in a Government, which the Doctour doth so causlesly deride: Here is the summe of what I do averre concerning Gods Ordinance in Soveraigntie, which I challenge the Doctour or any else to gain-say.

Sect. 2.The second sort of the Doctors false supposals respect the Nature and Quality of Limitation, where also I observe that he proceeds on two false and fallacious Principles, sc. 1. He every where confounds Morall and Civill or Legall Limitation,Of nature and Quality of Limitation. so p. 18. 93. 39. 2. That Soveraignty is capable onely of a morall Limitation, p. 39, 42., So that if any other be in any State ordained, He cannot beleeve but such a condition is unlawfull, and unreasonable against the Order of Government. p. 39. If the nature of Limitation be well knowne, it will appeare that the Doctor hath done very inconsiderately, or rather very fraudulently (for he hath obscured the Truth much by it) in confounding morall and Civill Limitation. We will therefore consider the nature of Limitation something more accurately then I have done in my former Treatise; for it will be a great light to the whole controversie.

Pos. 1.First, We must consider a distinction of Power, which is either, A simple Power of Willing or Doing, which is in every Morall Agent, 2. A Power of Authoritative and obligatorie Willing or Doing; so that an act of it, whether a Will of Command or Censure expressed, hath in it a binding power to subjection, this is that which we call Magistracy, of whose Limitation now we treat.

2.Secondly, concerning Limitation; we must know that it induceth an absolute necessity of not producing any Act beyond those Limits. For a Power having bounds beyond which it can exceed, if it please, though with difficulty, it is not properly limited, but hindred.

3.Thirdly, This necessity of not exceeding those bounds is such as the bounds themselves are; so that it is ever true, That a Power in What Way it is limited cannot exceed those limits.

4.Fourthly, There are of this Power but two sorts of Limits, sc. 1. Morall, and 2. Civill or Politique. Of which two we must distinctly consider.Of Moral limits. 1. Morall Limits is the Morall Will or Law of God; and a Power is said to be limited by this, not when it cannot produce any Act at all: but when it cannot morally produce it, that is, without sin. For the supervening of a morall bond, doth not take away the Power of doing, but of right or sinlesse doing: v. g. in Naturall Powers. Gods prohibition of eating Swines flesh, did not take away from the Jew the naturall Power of eating it; but the power of sinlesse eating it. So in Civill power a prohibition of God comming upon it, doth not take away the Power of Civill and Authoritative Doing; but of lawfull, or sinlesse doing. And hence it followes, 1. That Morall Limitation is only of the Exercise of Power; not of the power it selfe: for the power is not thereby taken away, but remaines equally extense and able to all its acts, as it was before; only now it cannot put forth it selfe unto certaine Acts without sinne, which it could before: Thus an Absolute Monarch who hath a power of doing, as extense as his Reasonable Will, promises to doe but this, or in this manner: now he is morally bound, by vertue of this promise; and cannot without sinne doe otherwise: yet if he doe, his Commanding Power is the same, and its act binding to the Subject. And so it is proportionably in Legall Governments. Cyprian Bishop of Carthage hath by the Canons a power of judging Ecclesiasticall causes committed to him: He resolves and promises to doe nothing of moment herein, but by the consent of his Clergie, now he is morally bound: and if afterward he doe a thing by himselfe without their consent, he sins: yet no man will say his Episcopall power is lessened; or the act he so doth, is canonically invalid, and not obligatorie. 2. Yea it followes also that it is not properly a Limitation of the Exercise of power neither: for by a morall bond, the Power is not so bound up, but that it can exercise it selfe, and that validly too, though not without sinne, as appeares before. 3. Also that it is no detraction from Absolutenesse of Power; nor is it sufficient to make a distinction of it into Absolute and Limited. For, 1. It causes no reall Limitation of power, either in the nature, or exercise of it. 2. It is not distinctive, being to be found in the most absolute power under heaven,Legall Limits. all being bounded by Gods Law, the Law of Equity, and many promises by themselves made.

2. Civill or Legall Limits cause a Civill and Legall definement of Authority, so that, its exceeding acts are not Legall and binding, that is, are non Authoritative: for as a Morall bond induces a necessity of consinement in esse morali; so a Civill and Legall bond doth in esse legali & obligatorio. Hence follows, 1. It is these Legall and civill bounds which constitute a Government in a limited condition, not those morall; for this is distinctive and is never found in an absolute Governement, for there the Soveraigne by promise or Oath binding himselfe to a stated course doth put no Law civill upon his power, or the exercise of it; for though he sinne in exceeding afterwards, yet his acts are truely Legall and Authoritative. 2. This induceth a reall Limitation of power, neither can it be only of exercise; for sith it brings an illegality and unauthoritativenesse on acts exceeding, that is, makes them none in esse civili & politico, it is a limitation of Power it selfe; for when a Power can produce no potentiall acts beyond such limits, then it is limited in the very being. 3. Acts exceeding politique and legall Limitation, being not Legall nor authoritative in that State can give no authoritie to the Instruments, and therefore they may be resisted without resistance or violation of Authoritie. Whereas it is otherwise in Acts exceeding morall Limitation; for being authoritative, they authorize the Instrument, and give him an unresistance.

In summe: Limitation morall and civill or legall doe differ in three main particulars.

Conclus. 1.1. Morall, sith it is no politique or Authoritative Act, makes no reall detraction either in power or exercise of it, and therefore agrees with the most absolute Government: whereas Legall, being a politique and authoritative Act makes a reall diminution; and so is the ratio formalis, or distinctive conceit constituting Limited government; nor can be found in absolute.

Conclus. 2.2. Hence, Exceeding Acts notwithstanding morall limitation are authoritative, proceed from Gods Ordinance, and challenge subjection: but they are otherwise which exceed a legall limitation.

Conclus. 3.3. Exceeding Acts in morall limitation being authoritative have the Sword or compelling power annexed to them, which may not be resisted: but in Legall, being not authoritative, they have not the sword or compelling power annexed, and therefore may be resisted in their Instruments: I will illustrate all this by a familiar instance. In our Government, a Iudge hath a Commission to heare and determine Causes according to the Verdict of twelve men. Here is a Power limited in the very being, that is Legally and Civilly. This Iudge useth indirect meanes to corrupt the Iurie to bring in an unjust Verdict; but judgeth as his Commission binds him according to their Verdict: Here is a morall exceeding, yet the Act of judgement is Authoritative, because according to his Commission, and must not be resisted. Againe, He passeth sentence in another cause expressely against the Verdict of the Iury, in an arbitrary way. Here is a Legall exceeding, and the sentence is non authoritative. He having no such Power committed to him, the sentence can have no binding power in it. Hereby it appeares how without any ground of Truth, the former supposals are.

Sect. 3.Thirdly concerning the Causes and Meanes of Limitation the Doctors supposals are, 1. That Radicall Limitation, that is, of the Power it selfe requires an expresse and notorious act, it must be done in the beginning and at once. p. 15. 24. 39. 2. That a Prince may so limit himselfe, as not to require to be actively subjected to, and yet be limited only in the exercise, not in the power it selfe,Causes & meanes of Limitation. p. 16. 3. That no Limitation by after condescent, is of the Power it selfe, p. 28. this being a consequent from the first. Now that the falshood of these and the like grounds every where scattered in his bookes may appeare; Let us a little more diligently handle the Causes and Meanes of Limitation, which, as before, being twofold, Morall and Civill; We will begin with Morall. 1.Causes of Moral Limitation. Now the Formall cause of a meere Morall Limitation, is that which morally bounds or makes sinfull any act of Power. We are therefore to enquire what it is which can doe that. And this is, 1. Principally the Morall Law of God forbidding such an exercise of Power. This is an universall, perpetuall and invincible Limitation of all power of Government, either absolute or legall, yea of all Active Power of reasonable creatures. 2. There is another meane of Limitation morall, sc. a Promise, Oath or positive constitution, whereby a Prince puts a bond upon himselfe, making that now sinfull to be done, which before was not so. This also induces a morall Limitation, as well in absolute as legall Governments; as if an Absolute Monarch promise to follow such a Rule, which hath a Power to use any which his reason shall dictate. Or if a Legall promise to abridge himselfe in a course, in which the Law hath left him indeterminate: in this respect, they come under a morall limitation. But concerning this positive meane we must note. 1. This promise, how solemne soever it be, must be a simple bond: It must extend to no diminution of power, or discharge from duty of subjection; for then it is not meerely morall, it makes the exceeding act not only sinfull, but non obliging: whereas it is the note of a meere morall bond, that it extends not to any lessening of Authority, or discharge of duty: as if a Captaine take his enemy prisoner; he to save his life sweares him a full vassalage afterward, his Master promises to command him only such services, never absolving him from his former bond of absolute slavery: here is a morall bond; yet still a full debt of subjection in case the Master should breake his word, and put him on other employment. 2. If the matter be more throughly looked into, this positive meane of limitation is either none at all; or else addes nothing to the former, of the morall law of God: For in such promise or Oath whereby a Governour limits himselfe there is an expresse or tacite condition, if it conduce to the end of Government, the glory of God, and publick good: For if such Oath or bond hinder the end of Government, it is eo nomine, unlawfull and invalid; but if conduce to it, then it was no more, then was virtually required of him before by the morall Law; this promise or Oath being but a more solemne profession and protestation to doe that which before implicitely he was bound morally unto. Thus we see all that Doctor speakes of Morall and irrevocable limitation by promise and oath comes to nothing in the issue: so that this being granted that the Monarchs power in this State were only Morally limited in the Doctors sense; We are as much under and owe as much subjection as the captive slave to his Master; and all our Laws and Statutes being but morall limitations of this second sort, are not so much as morall limitations any farther then the Prince sees them conduce to the end of Government, if any seem to stand in his way, and hinder him therein, he is no longer bound to it; but may account it an ill made promise or Oath which is better broke then kept. 2.Causes of Legall limitation. Of the Causes and Meanes of Civill and legall limitation, whereby not only the exercise, but the power it selfe is confined. 1. The formall cause hereof is the limitation of the duty of subjection in the people: The duty of subjection is the originall of the power of Authority. People by becomming debtors of subjection doe set up Authority; and by stinting and terminating the duty of subjection doe put bounds and termes to the power of commanding. 2. Let us see then by what meanes the duty of subjection may be terminated. I conceive it may be done two wayes. 1. At first, when a people resigning up themselves to a state of subjection doe it not absolutely, but impose only a limited bond on themselves; for if they impose no more duty: the Governour can assume no more power. Now this may be done, not only by positive, expresse and notorious act, as the Doctor speakes; but also by a negative; a meere not imposing of an absolute bond of duty on themselves is enough: so that if it cannot be proved either by records of the first institution, or present obligation that a people have put themselves into a state of absolute subjection, then it is to be held but limited: For whatsoever is ours by the law of nature, cannot be taken from us but by some positive act done by our selves or Ancestors: Thus in private men; Liberty which is mine by nature, none can take from me, unlesse he can bring a title or right whereby it became his, and I his servant. Nor am I any farther his servant, then he can bring proofe of his right. The same is true of a society of men. In this case it belongs to the challenger, and not to the defendent to bring his positive notorious act for proofe of his title, and measure of his title: So that the Doctors demand is unreasonable, who standing for a full right in our Government, puts on the peoples part to bring evidence that they have not. Rather it is just, that he should bring some positive and notorious act wherein it appeares that this people have fully resigned up their liberty to an absolute Government; or make it appeare that it is Gods ordinance that where ever a people doe constitute a soveraigne power, they must make an absolute resignation of their liberty. 2. By after-condescent, for this may be a meane of civill limitation, unlesse any will imagine that a people once putting themselves into absolute subjection, are irrevocably so. And thus a Monarch becomes limited, when the promise or Oath he limits himselfe by, is not simple, but amounts either expressely or equivalently to a relaxation of the bond of subjection: whether it proceed from meere grace, or conscience, of equity, or by Petition, or importunity of the people, it matters not what was the ground of it, if it carry with it a relaxation of the dutie of subjection, it is a meane of civill limitation, in the very root of power; for power can be no larger in the Prince, then duty of subjection is in the people; for these two have a necessary dependence, and relation of equality either to other. Thus if a Monarch, taking advantage of force of armes, impose a new Oath of full subjection on his people, who before were but legally bound; and prevaile so farre, that the whole or major part of his people doe take it for themselves and theirs, here is a chang of Government from Legall into Absolute, an enlargement of power: so on the contrary. And for this matter we need looke no farther, then the Nationall Oath, or Established Lawes; for if they bind the people to an absolute subjection; such is the power; and though it have morall, yet it hath no legall limitation: And so on the contrary if they bind only to a subjection according to the Law; the Government is limited in the very power of it. Hence it appeares to be false which the Doctor hath, p. 16. that a Monarch may so tye himselfe as to require not to be subjected to but according to such Lawes, and yet not be civilly limited, in his very power; for if he so far require not to be subjected to, that he untye the bond of subjection beyond those Lawes; then is his Authority limited, and can proceed no farther; neither are the instruments of his will exceeding those lawes, authorized, but private persons, and resistible: And also false, which he sayes, p. 28. That limitation by condescent cannot be radicall. Now if enquiry be made concerning the simplicity of antient formes of assuming into soveraignty, as when the people are said to make one King; to endue him indefinitely with Kingly power; not confining his Government by any expresse limitations. Ans. I conceive in such case to know how far a people are bound by such an indefinite contract, these things are to be looked into. 1. If the intent of the people can be discovered in such a constitution, for if it can, doubtlesse the contract binds so far, and no farther. Thus Lyra concludes concerning the request of the people of Israel for a King, that it is to be understood of an Absolute King, by that clause in the petition, 1 Sam. 8. 5. a King to judge us like all the Nations, for all those Easterne Nations having Absolute Monarchs, they desiring to be governed like them; must be conceived to intend such a government. 2. If there be no expression of their intention: then a light concerning it must be borrowed for circumstances; sc. the kind of government whereunto they have been formerly accustomed; or that of the Nation from which they proceeded: And thus the Saxons giving Kingly state to their Captaines in this Land, cannot in reason be interpreted to intend any other, then that whereunto they were accustomed, and which was the forme of the Nation whence they came. This Rule is ever to be kept as well in publike, as in private contracts of that simple indefinite forme, that they are to be construed, as far as may be, in fovour of the granter.


Chap. V. An Answer to the Sect. 4. concerning the Constitution of this Monarchy.

Sect. 1.A Fourth sort of the Doctors supposals are concerning the Constitution of this Monarchy, which in words he granteth to be limited and mixed, but comming to explaine himselfe, he makes such a limitation of it and such a mixture as is indeed none at all, being to be found in the most Absolute and simple governments in the world: for he every where supposeth it limited only morally in the exercise, not in the power: And so mixed, that there is but one simple power; a mixture made of one simple principle, such a one as never was heard of in the world before. And this he delivers on his bare word, never bringing any proofe of it, thinking it enough if he can except against that which I have set downe concerning these things in my Treatise. Among other Assertions which I have there about the state of this Government: there are two which this Replyer doth oppose. One is p. 31. That the soveraignty of our Kings is radically and fundamentally limited: which I have made good by five Arguments, and added a solution to the two chiefe which may be made against it. The other is, p. 39. That the Authority of this Land is of a compounded and mixed nature in the very root and constitution of it. This I have confirmed by three Reasons; and have answered three Objections which may be made against it. Now I desire the Reader impartially to weigh what I have there said; and to compare it with this Doctors Reply; and then judge whether those truths stand not firme against all that is brought to infringe them. But let us see what he opposeth. He proceedes not in any orderly course, to set downe his Antitheses and prove them; and to give Answer to what I have brought on the contrary; but first spends some time in considering what this Government was in its Originall; as if it must needs remaine still such as it was at first; and could not receive any alterations, and graduall accomplishment in processe of time. And then he sets on my Arguments, but how feebly we shall easily discover.

Here the first thing I did tax in the Doctors booke, was that he affirmed things contradictory: for he tells us he is against Absolute power in our Kings; and arbitrary Government: And yet he also affirmes, that our Kings hold by right of conquest, yea of three conquests. And that the Houses of Parliament are more subject to our Kings, then the Senate of Rome was to their Emperours. Also that the finall judgement is in One. Now how these so openly contradictorie Assertions can stand together he doth not shew us. Only he challengeth my ingenuity, if either he proposed this as a conclusion to be proved, that our Kings are absolute, p. 21. Neither doe I affirme that he did: Only I say, he holds things contradictory; that he holds such grounds which make all Kings absolute, sc. that no supreme is or can be more then morally limited. Indeed he speakes much of limitation morall; of limitation in the exercise of power; this makes a great noise of limitation, but indeed are but meere vailes to cover over Absolutenesse, and make it the more passable, which he is ashamed to propose to the world in expresse termes. Suppose he did not mention those conquests to win an arbitrary power to the King. Yet sure in affirming more then once, that he hath such a right, he doth as much as if he said he may use an arbitrary power if he will; for if he hath a right of Conquest, he hath an Arbitrary right, by the Doctors own confession, p. 22. and if he hath a right of Arbitrarinesse, it is his lenity he doth not use it. In the Answer to the first Argument which I brought for the Absolutenesse of our Kings (which was that They hold by conquest, and therefore are Absolute.) I do not say, the Doctor drawes such a conclusion: No; but he layes down the Antecedent; and then any body else may draw out the conclusion.

Originall of this Monarchy.I fetch not the root of succession, so farre backe as the Saxons, as this Replier traduces, to cut off advantages which may be made from the Normans entrance, p. 22. But because himselfe began there to make up a Trinity of Conquests: This drew me on that discourse of the Originall of this Monarchy; nor that the cause had any need of it; for it is his work to prove the Government absolute, if he will have it so; also suppose it were as absolute as the Norman Conquest, by him improved can make it; yet that hinders not, but that it may become really and radically limited afterward, by condescent, as appeares in the former chapter. Concerning the Saxon entrance, I said it was not a conquest, sc. properly and simply, but an expulsion. He answers, This is neither true, nor greatly materiall, p. 22. I say, it is both true and materiall: It is true; for all the Britaines which retained their name and Nation, were they many or few, were expelled into Wales: All the rest in gentem, leges, nomen, linquamq, vincentium concesserunt; as himselfe cites for me out of Mr Cambden. And it is very materiall; for if they which only remained here in gentem & leges vincentium concesserunt; Then the Conquerers, as I said, kept their old firme of Government; the Saxons came not into the condition of the conquered Brittaines; but they into the old liberty of the Saxons. Hereupon grew there a necessity of inquiry into the Government of the Nation, before they came hither; that so we might know what a one they established here; and brought the remaining Brittaines into. And a record of more unquestionable authority then Tacitus I could not imagine; nor a more expresse testimony for a limited forme in the very potestas of it; of which sort he affirmes the Governement of all the Germane Nations was. How ever the Doctor is pleased to call it a conjecture, a dreame and uncertainty; No, the expresse testimony of such an Authour is not so: Rather that probability of these Saxons not being then a people of Germany, but did afterward breake out of the Cimbrica chersonesus, is so; which himselfe dares call no more then a probability. I say, 1. It is a greater probability, that they were a people of Germany before they came in hither; for the Angli which accompanied them in that invasion, were questionles Germanes, and reckoned by Tacitus among that people, doubtlesse they were neighbours in habitation which were joyned in that voyage and conquest. 2. Suppose the matter were not cleare of the Saxons, yet is it of the Angli which gave denomination to the Land and people, who no doubt retained their Laws and Government, sayes Cambden; which was limited in the very royall power saith Tacitus. But this Doctor would make men believe, as if I endeavoured to deduce the very Modell of our present Government from that Saxon ingresse: Whereas all that I ayme at, is to make it appeare that in semine, in the rude beginnings it is so ancient; and shall affirme the limited power of the English Kings, and liberty of the subjects to have been from thence continued till now, unlesse he can bring some better proofes of its interruption, and induction of an unlimited power, then as yet he hath. Also to shew that the Doctors Tenure by Conquest is vaine in the first of the Three, for the Saxons gave none such to their Princes, but kept their Lawes, and came not under the Title of a conquered people. Next, the Doctor censures my delineation of the present platforme of our Government, p. 44. (for it is nothing with him for advantage to skip over 9. or 10. Pages) that so he might make a shew as if I set down that modell as derived from the Saxons out of Germany; and so spends neere two pages in this unreasonable way of traducing me; Whereas he cannot be ignorant, that in many places, yea at present is forced to confesse, p. 24. that I acknowledge our Government came up to this exactnesse and full height by degrees and in continuance of time; but indeed he had nothing else to say against that Description of this platforme or any one of those 6. Supposals of which it consists; and therefore when he had fained as if I had derived it from the beginning of the Saxon Government in this Land, he calls it a phansie, against the credit of all Histories and Chronicles, p. 24. and so lets it goe. Let the Reader judge, whether I doe not there apparently set it down as a description of our now existent Frame of Government: And whether any thing therein is not according to past historie, and present experience: Yea I challenge the Doctor to except against the least part of it, as not so: if he cannot, he doth wrong so to miscall and deride it. After this Excursion, he returnes back to the 36. page of my Book, and the proper businesse of that Chapt. which was his three Titles by Conquest. I looked that after his first, he should have made good his second Conquest, sc. the Danish, and made good what he had said, that our Kings hold by that too, as one of the three. But not a word of that for shame: He passes p. 26. to the Norman entrance: And to prove that William held this Land by conquest, he cites out of Mr Cambden that in victorie quasi Tropheum, he disposed of the Lands of the Conquered, changed their &illegible; abrogated what English Lawes and customes he pleased, &c. Indeed when he had gotten full possession, he did what he pleased; but sactum non probat jus. I have proved, and the Doctor hath not gain-said, 1. That his Title by which he claimed was a successive and Legall Title. 2. That this Title got the favour of a great party, and was a maine Meane facilitating his acquirie. 3. That he was inaugurated by virtue of that Title. 4. After he had gotten the Kingdome, though he did many things arbitrarily, yet he setled himselfe and his successours in the state of Legall Monarches, as the Doctor confesses, p. 27. What then is become of his Triple Tenure by Conquest; when heres not one can be made good; when it comes to a due scanning? That of Mr Cambden, that the Kings of this Land have Potestatem supremum, & merum imperium, is no more then that of the Statute which the Doctor speakes of, p. 47. that it is an Empire governed by one supreme head, which we acknowledge; for that merum imperium must be understood in a moderate sense; else it sayes more then the Doctor himselfe professes to own: Though Mr Cambdens judgement in this case is not of the authority of a proofe.

Sect. 2.Then he passes to my Arguments, p. 28. But, by the way, let me tell him, I brought 5. Arguments to prove this Government limited, and 3. to prove it mixed: and it had been meet he should have brought somewhat, beside his bare word,My Arguments for Limitation and Mixture vindicated. to prove it limited only in the exercise, that is, Absolute in the power; but he brings no proofe, because he had none: Yet perhaps though he had not wherwithall to confirm his own, yet he hath to demolish my Assertions: Let us see therefore his solutions of my Arguments. But before we come to weigh them, because he tells us p. 28. it were an Argument sit for a skilfull Lawyer to labour in, and slights my endeavour because I bring not History and Antiquity, but doe goe about to reason him into a beliefe of those Assertions, Let me premise something concerning that course of proving them. 1. The work of bringing History and Antiquity doth belong to him who affirmes such a Title of Power in our Kings; Let him shew how and when it was conveyed to them: He which challenges a right to that which was once undoubtedly mine, must prove his right and he can have no more then he can bring evidence for. 2. On his desant, if I undertake a needlesse office to prove my Negative, there are but two wayes imaginable to doe it, one is by records of histories setting out the first constitution of a state, and the Termes on which &illegible; people resigned up their liberty to a subjection. So in the Antient Romane State, the Venetian, the late Belgik Union, and others which have at once, visibly and lately been composed, it is likely that way might be taken. The other is by demonstrative collections drawn from the institution of the present composure of a State. Thus alone is it possible to discerne and prove the constitution of a Government which springs not up at once, but by unseen degrees and moments, whose fundamentall constitutive acts stand upon no record. This is the condition of most Governments in the world which have sprung from small, rude and unknown beginnings. And of this in particular. For 1, A limitation of Royall Power was brought hither by the Saxons and Angli our Ancestours, hath been proved. This was, as those times were, very rude and unpolished, it is likely such as Captaines in Armies have, who can doe nothing of moment without the advise and consent of the Counsell of warre. 2. This Limitation of Power and Libertie received some more formall and setled bounds afterwards by customes and Lawes before the Conquest, as appeares by the Common Lawes, which are, as it were, the basis and foundation of this Government, the Statute Lawes being but after superstructives; These Common Lawes did not grow up at once, but by degrees, and were unwritten Customes and Usages gaining authority by unknowne prescription, above all written Lawes; and were afterward committed to writing by men skilfull in the Lawes. 3. At length, and after the Conquest it was perfected to this Parliamentarie Forme; and even this being at first but rude, grew to this exactnesse by length of Time, and infinite Contentions. This latter way only being left us; that I took, and the Doctour hath no cause to despise it. For when a thing of present State is made evident by Reason drawne for palpable experience of it’s present composure, it is madnesse to denie it to be so, because I cannot tell when it began to be so: Yea when the Question is of present state, it is a surer way to find out the Truth, then by records of its Originall constitution: For in time the Frame of a State may receive reall variations from what it was at first, as the Romane State, and most others have done; for the contracts of men are at pleasure alterable; and an argument drawne from Monuments of first coalition, would then be fallacious.

Well; be the way never so justifiable, which I have taken, yet the Doctor dares pronounce my Arguments insufficient to cleare what I have undertaken. Tis easie to pronounce it; let us see how he makes good his sentence. I proceeded distinctly first to lay down my Arguments proving Limitation, p. 31. Then those which proove Mixture, p. 40. He mingles them together: And to my first, third, fourth and fift proving Limitation, Answers that They prove only limitation in the exercise of power, p. 28. Why so? Neither the Denomination of Liege, nor any prescription can make us believe, that the Limitations of power had any other beginning then voluntary condescent. As if a Government by voluntarie condescent might not receive a radicall Limitation. But it lies on him to proove, it was by such condescent; if he can bring no record for it, it must in justice be held originall, and ab initio. Those two denominations of Leige Soveraigne: And Liege people doe prove the very Soveraignty and Subiection Legall; but that is not so which hath only a morall Limitation; the denominations argue the bond ’twixt them to be Legall: And when Subjects have such a Libertie by custome and Law, that they owe no farther subjection, then (when, or how ever they came by it) yet the very power of the Monarch is limited, as we heard in the former Chapter, unlesse any will put a vaine power in the Prince, to which no Subjection is due; but of this enough there. Then he passeth to my Reasons proving mixture, which are three, p. 40. of my Treatise. The first is, That it is confessedly mixed of a Monarchie, Aristocracie and Democracie, therefore radically, and in the very Power. He answers, It is not necessarie the mixture should be in the Power: but it is sufficient if there be a concurrence of Persons whose consent is required to the exercise of Power, p. 29. Thus he answers to the conclusion; but sayes nothing to the Antecedent. 1. And indeed if it be mixed of these three, his answer is against common-sense; that a mixture of Monarchie, Aristocracie and Democracie should be satisfied by annexion of persons to the Monarch, having meere consent: for these are names of Power of Government; for Aristocracie and Democracie are Powers not Persons, as well as Monarchie: therefore a composition of these three must be all of Powers. 2. And indeed this chimera of a mixture in the exercise of Power, is plaine non-sense. For a mixture in the Acts or Exercise supposeth a mixture in the principles of Action, that is in the very Powers: A mixt Act proceeding from a simple Power is such stuffe that I never heard before. Now if a mixture in Acts argues a mixture in Powers: These Powers must be coordinate and supreme: for subordinates make no mixture; also Powers concurrent to supreme Acts, such as Legislation is confessed to be, cannot be but supreme Powers. Neither can any man living cleare that passage which he speaks of p. 45. from pure non-sense, sc. This coordination is but to some Act or Exercise of the Supreme Power, not in the power it selfe: For Concurse to an Act, implies a Power of Concurrence: and Concurse to a supreme Act, argues a supreme Power; for an inferiour Power cannot afford a coordinate concurrence to a supreme Act. So that his Over-seers were not mistaken when they checked him for that passage, and said, He granted a coordination of Subjects with his Majestie in the supreme Power. But here he brings a ponderous Reason, so often before urged. If the mixture be in the Supremacie of Power, how can the King be the Only supreme and Head. He cannot salve it with his Apex potestatis, unlesse the King must be the Crowne or Top of the Head onely; for they also must be our Head and our Soveraignes, if they be mixed in the Supremacie of Power, p. 29. Here I answer once for all to this so frequent an injection. 1. That the Titles of Head and Supreme are fully satisfied by this, that he is the sole Principle and fountaine from whence the execution of all Law and Justice flowes to his people by inferiour Officers and Courts, all whose Authoritie is derivatively from him as its head. 2. That these Titles in proper construction import only Utmost chiefty, nor doe they agree to any kind of right in the fundamentall and radicall Powers of a Kingdome; but to the principall and transcendent Interest: Another may have a right in the supreme Power, yet not be supreme, nor Head: because not having a supremacie in that Power: So it is in the Colledges, the Fellowes have a fundamentall interest in the power of Government, yet that hinders not, but that the Title of Head and Chiefe is given to him who is Governour; will the Doctour jest at it, and say they be Heads and Supremes too, and the Warden or Master is but the crowne or top of the head. Also in the naturall bodie, from whence the Memphor of Head is borrowed, are three Fundamentall and radicall powers seituate in the three Principall parts: yet none will say, the Heart and Liver are Heads too, because they partake the supreme Powers of nature. Let not the Doctour therefore straine a Memphor so farre as to make himselfe merry with it. Let him really answer my Arguments by which I prove a radicall Limitation and mixture. Let him answer; is not the Legislative Power the supreame? Have not the Houses an Authoritative concurrence and Influx into that businesse? If he avoyd a punctuall answer hereto by carping at words, he will prove himselfe a ridiculous Argumentatour while he seekes to make others seeme so.

My second Argument for radicall mixture, is from the Legislative Power being in all three. He answers, That Phrase is satisfied and explained by that concurrence and consent in the exercise of supreame Power. It seemes that invention of his must serve all turnes. Is a Legislative Power satisfied by a bare powerlesse consent? I demand: is that Consent causall and Authoritative; or meerly Consiliarie and unauthoritative? And whereas I prove that they have an enacting Authority by that received and set clause in the beginning of Acts; Be it enacted by the Kings most excellent Majestie, and the Authoritie of the Lords and Commons assembled in Parliament. He tels us a Vote and Power of assenting is a great Authority, p. 29. I enquire not how great it is: I aske whether that be all; whether that clause, which as expressely as words can, ascribes an enacting Authority to them, be satisfied by such a Power of Assenting? He sees it doth not, and therefore tels us of a former phrase which ran thus: The King by the advise and assent of the Prelates, Earls and Barons, and at the instance and request of the Commonaltie hath ordained, &c. Suppose anciently some statutes runne under that forme: that advise and instance, must be understood of an Authoritative and exacting advice and instance; as the latter formes explaine it: for it is equall that the latter expound the former; and not the contrary, as the Doctor would perversly have it, especially considering the Doctors Exposition cannot stand with the latter; but mine agrees very well with the former. But how bold is this man, when during so many yeares and Parliaments, both Kings and States by this received Forme, have acknowledged and established a concurrent enacting Authoritie in all three, yet he dares argue and oppose so expresse and confessed a truth? But in this answer, he discovers a great deale of superficialnes, in granting the Houses a Power of consenting to the establishment of laws; and yet denie them a Legislative, enacting Power: for such a Power of consenting (if it be necessary) is indeed a Power of enacting; for though in transeunt Acts one may stand by and consent to the doing, and yet not be Efficient; yet in imminent Acts which are done, per &illegible; volitionem, by a meere expression of the Will, A concurrence in consenting, and a concurrence in doing is one and the same thing: Now Legislation is an imminent Act, consisting in a meer expression of an Authoritative Will.

My third Argument for Mixture, was from it’s end, which was Restraint from excesse. 1. He grants such a Restraint, but morall and legall, not forceable, p. 30. I answer, He deceitfully confounds morall and legall, as I shewed before. 2. The End of Mixture in a State, is that there may be a power of restreyning more then sufficient (as his Majestie expresses it) but the Doctors meere morall power, is very insufficient; It limits not the Power at all; nor the Exercise properly, no more then an Oath, or Promise without it, would doe: that is, makes it sinne to exceed. But of this before. But here, which is very rare, He doth not onely denie, but give a reason of it. If the fundamentall Constitution had intended them such a Power, it would not have left a power in the Monarch to call, or dissolve them, which would make this power of theirs altogether ineffectuall, p. 30. This Reason seemes to have some weight in it, I will therefore, the more seriously consider it. 1. Whatever strength it hath had in it; now it hath none, because that power of dissolving is now by Law suspended, for this Parliament; and after it, a necessity by Law imposed of reducing that Power of Calling Parliaments, into Act, every Three yeares. 2. Neither was it true before these Acts, that such a Power was left in the Monarch at pleasure to use or not; for it was by ancient Law determined how often they should be convocated. 3. But being granted that this Power is simply and fully in the Monarch, yet I denie, that hence it followes, that it would make that Power of the Houses altogether ineffectuall; because that de facto, though it hath been in the Monarch so long, yet it never hath made it voyd; but they have exercised a limiting Power, as Histories relate, enough yea and sometimes too much, over the Monarch, notwithstanding his Power of calling and dissolving them. Thus in the Colledges, the Fellowes have an effectuall, and more then morall limiting Power, though the Governour hath the Power of calling and dissolving their meetings. And anciently the prime Patriarch had the power of Calling and dissolving generall Councels, yet they had a Power of limiting, yea of Censuring him for exorbitances for all that. The Reason is, because many things fall out oft in a Government, inducing such necessities on the Monarch, that he for their supply will choose to reduce such power into act of Calling, and suspend such power of dissolving, although he know those States will use their Limiting Power in reducing such exorbitances, and punishing those dearest instruments which have been used in them. This the Constitutors of this Frame preconsidering might put in the Monarch this Power, and yet intend to the other States a Legall and effectuall power of restraining his exorbitancies, by using Force, not against him, but it’s procurers and Instruments. Thus we see, there is no need of entring on that dispute, Whether this Power of calling and dissolving the Houses &illegible; placed in the Monarch, as all his other are, not absolutely, but with limitation of necessary reducing it into act, on the last exigencies of the Kingdome.

After this he returns to my other Arguments for limitation; One of which, drawne from radicall Mixture, he fully omits; but now having showed the invalidity of his exceptions against my arguments for it, I have given force to this argument for Limitation, drawne therefrom. That which he sets on last is my first for Limitation in the very Power: sc. the Kings owne expresse confession: That the Law is the measure of his power: That the Powers which he hath are vested in him by Law. p. 31. of my Tract. And, as if this were hot more then he could answer, the Doctor addes a third &illegible; in which he ascribes to the Houses a power more then sufficient to restraine his Excesses, p. 30. Here are Authorities as punctuall and expresso as can be imagined. Yet the Doctor resolving not to be reasoned into a beliefe of these things, out faces all this evidence; and to that end frames three Answers such as they are. 1. He sayes, His Majestie had few of his learned Counsell about him. 2. His gracious expressions ought not to be drawne out to his disadvantage. 3. All that can be gathered from them doth not come up to these Conclusions, p. 31. In the two first he openly enough taxeth his Majestie or unadvised expressions, excusing it from absence of his learned Counsellours (you may soone imagine whom he meanes) Thus disparaging the Kings judgement and all then about him; and tels us we must not be unjust to let those sayings on the racke; that is, we must not tuke them in their plaine meaning; but on this mans wrested and sencelesse interpretation: What due not these men dare doe and say? Before we heard him correcting the expressions of all Moderne Parliaments, teaching us to reforme them by the old. Here the King and his &illegible; setting out in such a time Declarations to all his Subjects to &illegible; them about the nature and extent of his Royall Power: He compares those serious expresses to Trayant sudden and excessive speech: He will correct Kings, Counsels, Parliaments and all, but he will have his way: To him they must come to learne how to speake, and what powers they have. But let us heare his Doctorall Exposition of his Majesties expresses. Hee sayes, The Law is the measure of his Power: Wee must understand his meaning to be that his power is bounded by Law: but it doth not follow, that his power wherein it is not &illegible; by Law is not absolute and full, p. 31. Here is profound interpreting. If his Power &illegible; limited by Law? is there any part of it not limited by Law? If the Law be the measure of it, sure it is even with it; for the measure is equall in extent with the thing measured: Thus he &illegible; interprets against the direct meaning of the Text: But he doth not &illegible; how that can be understood, when no faith, His powers are vested in him by Law, if the Law be a limitation only of exercise: Nor how their Restraining power is more then sufficient; if it be only morall; which, how unsufficient a restraint for exorbitance it is, every &illegible; experience can though testifie. I admire a man who pretends to conscience and judgement should take such liberty of interpreting. Certaine if those Reasons and Testimonies doe not clearly &illegible; &illegible; limited and mined Constitution of this Monarchy I shall despair of ever proving any thing by way of Argument any more.

Sect. 3.I had an intent to have subnexed other Arguments to make good those Assertions: but I see it is to no purpose, for he is resolved not to be reasoned into them:7 Queries concerning this Governement. He can denie all as failing &illegible; in the &illegible; or Consequent, p. 32. The Power of this Kingdome he must have unlimited: He will give no Reason for it; nor heare no Reason against it. Yet, fath he professeth himselfe a Resolver of Conscience, Let me therfore be so bold as to propose certaine Cases to him. 1. Why in the late Oath proposed to be taken by all his Majesties Subjects the Power of enacting Statutes is sworne to be joyntly in the Kings Majestie, Lords and Commons in Parliament. Certes the Doctor writ this Reply before that Oath was printed in Oxford, or else he did not consider of it. He cannot say, I hope there were but few of his counsell about him when that was framed: if the Doctor hath taken it, He hath for sworne this passage of his Reply; and sworne them a joynt enacting power. 2. Why we are enjoyned to sweare that we doe beleeve that the Subjects of England are not obliged by any Act made either by the Kings Majestie solely, or the Houses solely, &c. Sure the Doctor hath abjured his other Assertion of the unlimited Power of the King, if he hath taken this Oath; for if Power be solely his, then an Act made by him solely is obliging: If they be not obligaturie, they are not Authoritative; and so the mixture and limitation is in the Authority it self. Here is no place left for his distinction of Active and Passion subiection. For 1. Will any thinke that the intent is to sweare men to be bound not to doe, but to suffer? 2. The Beliefe of a non-Obligation &illegible; in differently and as fully concerning the sole Acts of the King, &illegible; the Houses but I beleeve the Doctour will not say we are obliged to passive subiection to the sole Acts of the Houses. 3. I would know if the States doe limit onely morally, what they doe, which is not done without them. A Promise and Oath do limit morally without them. He will say they may admonish him; and denie their &illegible; and so &illegible; his Acts invalid: He meanes still morally invalid; and so would they be without them. 4. Suppose the Monarch minded to establish a Law, which he judges needfull; and the States being averse, he enacts it without them; Is it not a Law? It hath all the Legislative authoritis in it. He will say it is not duly made. 1. I grant it: but yet it is a Law, for it hath all the Power of a Law. 2. But is it not duly made? Why, the power of last decision is the King alone: Suppose he define that the Intent of his Predecessours in granting this consenting power to the Houses had no intent to hinder, but further themselves in establishing good lawes; and therefore now they not concurring by assent to this needfull Act, He ought not to be hindred, but may lawfully doe it without them. He is the last Judge in this case; and it must be held ever lawfully enacted. So that in the result here is left to these States by the Doctors grounds neither Civill nor Morall Limitation, but at pleasure. 5. If Limitation in our Government exempt Subjects from a necessity of active Subjection; but not from passive; How is it that our Lawes doe not only determine what the Monarch shall command, but also what he shall inflict: what shall be accounted Rebellion, what Felonie, &c. and what not; also what he shall inflict for this crime, and that crime, and what not? Sith the Lawes limiting what he shall command, doe limit our necessity of active Subiection; it will follow, that the Lawes limiting what he shall inflict, doe limit our necessity of passive Subiection. Here’s no evasion by saying the Laws do limit him morally what he shall inflict, and if he inflict beyond Law, he sinnes in it; but we must suffer: for the Doctor acknowledges, that the Lawes defining what he shall command doe so limit our active subjection, that we have a simple exemption from any necessity of Doing; and therefore also the Laws defining what he shall inflict, doe so limit our passive subjection, that we have a simple exemption from any necessity of suffering, beyond those Limitations; for also, if they did not free us from passive subjection, it were unlawfull not only to resist, but also to avoid suffering even by flight. 6. When the liberties of magna Charta, and other grants have been gotten and preserved, and recovered at the rate of so much trouble, sute, expence and blond, whither by all that adoe was intended only a morall liberty, definement in the Monarch, and not also of the power it selfe; only that he might not lawfully exorbitate from established Lawes, and not also that he might have no Authority or Power to exorbitate at all? Sure this was their aime, for the former he could not doe before. 7. The Law granting a writ of Rebellion against him who refuseth to obey the sentence of the Judge, thought he have an expresse Act of the Kings will to warrant him: doth it not suppose those exceeding and extrajudiciall Acts of the Kings will to be unauthoritative, and unable to priviledge a man from Resistance?

If the Doctor by his faculty can resolve these Cases, He will doe much in way of satisfaction of my conscience; but if he cannot they will prove so many convincing arguments that the Power of the Monarch in this Frame is not unlimited.

Now having made good my Assertions, I expected another worke; sc. an Examination of his Reasons for unlimitednesse, and simplicity of Monarchicall Power, but he is not guilty of my fault, he doth not goe so much as to reason us into a beliefe of it. He doth in vaine expresse a desire hee hath that some skilfull Lawyers or Divines would helpe him at this dead sift; yet he is like to goe alone in this wild untroden path of defending an unresistiblenesse on such supposals: shall we think any Divine will second him, in justifying his unwritten fancie about Gods Ordinance necessarily investing all the acts of his will, who is supreme? Or any sound Lawyer will overthrow the grounds of his Profession, that the Royall Right, Authority and Government of this Realme is both founded on, and measured by the Laws thereof. Yea it is very remarkeable, that his Majestie in all the Declarations and Expresses which I have seen, doth not once touch upon this way, sc. a challenge of such a latitude of Authority as can preserve destructive instruments from force; but condemnes the now Resistance, by solemne protestations of innocency, and intention of governing by the known Laws.


Chap. VI. An Answer to his 5. Sect. of Resistance in Relation to severall kinds of Monarchy.

Sect. 1.THE residue of his Book is spent about the Question of Resistance; I might well spare the labour of any farther Answer; for now having so apparently made good these two Assertions. 1. That soveraignty may be limited in the very power. 2. That defacte, it is so in this Government, every one may discerne the necessary truth of these inserences, 1. That in this Government, the exceeding Acts of the Princes will, being out of the compasse of his Authority, can not authorize their Instruments. 2. That hereon Resistance of them is no other then of private men, not of Authority, or Gods Ordinance. But because the Doctors chiefe confidence is in this part of his discourse, and he is large in it, I will therefore goe on in my work, and will briefly make appeare that his Reasons are infirme, and his Authorities impertinent, and his Answers very insufficient: for having been so large in making good my supposals, and overthrowing his, I may the more contract my selfe in this remaining businesse. In this Section he proposeth two things. 1. To consider how I state the point of Resistance in the kinds of Governments. 2. To prove that Limitation and Mixture in government doe not imply a forceable constraining Power in subjects, p. 39. I will follow him in both.

My stating the Question &illegible;He begins with a charitable censure of my stating the Question, and sayes he finds it to be in away that lies very open to Rebellion, p. 33. Let the Reader judge: I am sure, his Resolves and Determinations are not in a way to destroy all liberty, and make all Governments Arbitrary, but directly doe it. Then for my maintaining the Person of the Monarch in all Formes to be above the reach of Force, he approves it; yet sayes I allow subjects to raise Armies, to give battle to those that are about him as his guard. He wrongs me, I say not his guard but subversive seducers and instruments: Those which he called cutthroates in his first booke; now he repents he gave that hard name to his clients, whom he pleades so hard to save harmelesse, and makes them amends with the stile of a Guard. A guard which bring him into greater danger then all his enemies; who bring him into battell to save themselves, where Ordnance and Musket can put no difference: No; They use him as their guard. If harme befall him, which God avert, the guilt and punishment will fall on them who are so prodigall of hazarding his sacred Person, not on those who could desire nothing more then his security, by absence from a multitude, who by undertaking the subversion of Religion and Lawes (for that is the Doctors supposition) bring themselves in danger of condigne destruction.

Then he proceeds to Resistance in an Absolute State. Where I affirme, If such a Monarch should seeke the destruction of the whole Community, his instruments of such inhumanity may be resisted. He dares not deny it; but would know what I doe meane by the whole community. I meane the whole simely, or the whole interpretatively; that is, the greater part; and therefore his exception of the Jewes in the Kingdome of Abasuerus, or the Templers in the Westerne Kingdomes, is not to the purpose: but the instance which I bring of the Law-Countries, comes home: for they were the whole community; but the Replier corrupts it, when he saith the Spanish King intended the extirpation of the Protestants only, p. 34. For he intended not only theirs, but of all, Papists and else, which would not admit the introduction of an Arbitrary Government, and the subversion of their liberties, as the histories thereof make plaine. Here in this 34. page, the Doctor shewes a bad mind: Taking occasion to excuse the Rebels in Ireland, as if they might justifie themselves on these grounds; and intimating a falshood, as if the Parliament did intend their extirpation, hereby declaring how ill he likes any effectuall course for the rooting out of Popery out of the Kingdomes. Indeed, he sayes, he pleads not for them, but yet he doth it. He finds out arguments for them; and shews them a way, both how to excuse themselves, and accuse the Parliament; and to call a resolution of cleansing that Iland from Popery, an extirpation of their Nation. He sayes, the example of David proves not this, being but a particular Man. I say, it proves it the more strongly, as shall appeare. Then if a particular mans life be invaded without any plea of reason, I suppose it hard to deny him the liberty of positive resistance of agents; and prove it by the instance of the peoples rescue of Jonathan; and Davids of himselfe; where the peoples Oath; and Davids Army, with his enquiry at Keilab doe prove a serious and reall purpose of Resistance, let the Doctor say what he please to the contrary; so that these examples come home to justifie resistance in such case, even in an Absolute Monarchy; for here are particular men, in an absolute Monarchy, assaulted without plea of reason; for that Jonathan, who had wrought such a deliverance, should die, for tasting in his ignorance a little honey, there was no colour of reason; the Kings rash oath was none. And that David should be put to death, whom Saul himselfe oft with his own mouth professed innocent, and absolved, was as much without plea of reason: so that here I need not flie to the Doctors shift of an extraordinary case, as he tells me I must, p. 35. I acknowledge no extraordinary case in these examples: Take them in their due extent, and they justifie no more then I have asserted; and so much they doe. In my 5. Assertion, p. 12. Of submitting States, Liberties and Persons to the will if an Absolute Monarch carrying any plea of reason; He faults my Order, and tells me, it should have been first. It seems this mans eye can spie small faults; but why first, he doth not say. I think in stating of the question of resistance I may as well begin with the Affirmative, and shew first when it may be used, and then when it ought not; as on the contrary; but he will make a fault, where he finds none. But what sayes he to the Assertion? He grants it; but dislikes the limitation, so it carry plea or shew of reason: and sayes here the way is open enough to rebellion, p. 36. No opener then himselfe makes it, p. 10. This is usuall with him, when he dislikes a thing: He can speak no lesse words then Rebellion. But why sayes he so? Every man will be ready to think there is no reason nor equity in the will of the Monarch when he is oppressed by him. He may well enough, if hee be oppressed: but yet there may be a plea and colour of equity even for an Act of Oppression; and in an Absolute Monarchy it will little availe a man though he think there is no reason for it: for he must not be his own judge; nor hath he any outward judge to appeale to; but the Reasonable will of the Monarch himselfe; if he submit to its determination, there is no feare of Rebellion; if not, I have done with him, in such a Government. Of Saules censure of Jonathan and David I have spoken already and made it appeare it had no plea of reason, was not the act of a reasonable will; and therefore I may hold their examples ordinary, without impeachment of this Assertion.

Then he proceeds to Resistance in limited and mixed Rules, p. 36. Concerning which I said, p. 17. If the exorbitances be of lesse moment they ought to be borne, and p. 18. If mortall and destructive neither can be otherwise redressed, then prevention by Resistance may be used. Here first he challengeth my ingenuity, for words spoken in my 49. page. He said Sect. 1. of his first booke, We may and ought to deny obedience to such commands of the Prince at are unlawfull by the Law of God; yea by the established lawes of the Land. I censured this speech, that it is more then should be said, sure, a hainous fault in me: I say more; he hath said more then should be said, by all these three bookes, in which he sayes that which dissolves all frames of Government into arbitrary, overthrowes all effectuall limitation of Power; and sure that is more then should be said. And for that particular clause; Is it not more? He speakes without restriction: Doth joyne things unlawfull by the law of God, and things unlawfull by the lawes of the Land: And puts the same may and ought to both; if the affirmation must be understood universally of one, how can it be understood otherwise of the other: It cannot be excused from the censure of a confused and unwary speech. He passeth, p. 37. to the Question, Who shall be the ultime judge of subversive exorbitancies. He would know who? I have told him my opinion hereof at large in that Tract: Here I would faine know his; but he would rather carp at mine, then give his own. When I say there can be no Authoritative judge to determine it. He commends my ingenuity, p. 37. but I doe not only say it, but at large doe prove it, there p. 67. as well against him, as against those others; why doth he not undertake that Question against me, if he hath any mind to it. He much dislikes when I say, p. 18. The fundamentall Lawes must judge in every mans conscience. This is, sayes he, a ready way to anarchy and confusion, p. 37. I referre not this case to the consciences of men as to an Authoritative Judge, but a morall principle of discerning Right: And who can deny unto man such a liberty to conceive of right according to the light he hath from the fundamentals of a State? Let the judicious reade what I have said here-about, p. 67. of that Tract; and let him then tell how that Question can be otherwise determined, unlesse he overthrow Monarchy, by giving a finall judgement to the States; or all Liberty, if he give it to the Monarch; and supposing the Ayme at subversion be evident to mens consciences, can we deny them a naturall power of judging according to that evidence; or liberty of assisting the wronged? So when I say the wronged side must make it evident to every mans conscience: also the appeale must be to the Community, as if there were no Government; and as every man is convinced in conscience he is bound to give assistance, p. 29. of my Tract: He calls this good stuffe, p. 37. Why? because I say, the people are at liberty as if there were no Government; and this appeale is disadvantagious to the Monarch; for they will be more ready to believe their representative: This would in the consequence be dangerous, the high way to confusion, p. 38. Answ. 1. I say, not simply, that people are at liberty, as if there were no Government; but in this particular Question; bound still, as before, in all besides. 2. He takes me as if by Community I meant only the Commons; when I expresse it by genils humanum, especially of that Kingdome. 3. He censures the Reason of Man-kind of partiality towards their Representatives. Not so; for in so great a Question Wisemen cannot be blinded: Honest men will goe according to their conscience, and Reasonoble men according to evidence, and will see it concernes them as well to avoid Anarchy by aiding a wronged Monarch; as Tyranny by aiding an oppressed State. But sith this Replicant is so bitter an enveigher against an Appeale ad conscientiom generis humani, in this last case so uncapeable of an Authoritative decision: 1. Let him consider on what foundation God hath built Monarchy and all other powers, but on the consciences of men, Rom 13. 2. Let him weigh whether, when he hath said all he can say, such an appeale be avoidable. For, 1. If a controversie arise between the King and a particular person or place; the King shall Judge it in his Courts by his Judges, and the sentence shall be executed by the force and armes of his other subjects. 2. If it be between Him and the Representatives of his whole Kingdome, and supreme Court of Judicature in which the Acts and Persons of all other Courts and Judges are to be judged. The King cannot judge this in his other Courts and by his Judges; nor yet by himselfe; for a King out of his Courts cannot judge in a Legall Government, especially the acts of his supreme Court. But be it so: suppose the Doctor and I should agree in this, that the King by himselfe is the ultime Judge of Controversies: Yet it is very like those States with whom the Contention is, will not yeild him so, to judge against them, in his own cause. But suppose they doe not submit to his determination: He will say, then they sin, and rebell against him. Well, let it be granted; yet submit they doe not: I demand in this case, what course the King hath to make effectuall his sentence? It must be by force of armes, by the sword: but of whom? Either the peoples whose representatives they are; or other mens: but what shall bind them to afford their Force to make good his sentence? It must be their conscience of his right: Thus when all is done and said, To the consciences of Men must his appeall be; and to them must he make evident his right, in this extreme contention. Yea this man in a controversie of the like nature, is compelled to acknowledge as much: For the Pleaders put the case; If a King be distracted, I may adde, if his Title be dubious, &c. The Doctors answer is, if it be cleare that a King is so, &c. p. 8. but who shall determine this If? must not self-evidence in the consciences of Men? This is all the judiciall power the Doctour can referre us to in these cases. Lastly, He would know what power there is in a Community to make resistance; and answers himselfe, A Parliamentary and Legall; not Military and Forcible, p. 38. Thus he speakes of these as contradistinct, when they are subordinate, Forcible being subservient to Legall to make it valid and effectuall, which else were meerely morall and ineffectuall; but this is one of his supposals whose vanity I have before discovered: And p. 51. of my Treatise, in a full dispute have I proved the Parliaments power in resisting destructive instruments; which I doubt not, will appeare cleare, notwithstanding any thing said in this Reply. But that is very strange which he affirmes, p. 39. That if they use a Legall restraining power, the Monarch cannot alter the established frame. Sure, by cannot, he understands fallaciously, as he useth to doe, a morall cannot, that is, not without sin; which is a poor small cannot now adays: if he mean indeed cannot, that is, is not able, it is against reason, by his grounds; for what is not he able to doe, whose lowest, most desperate instrument of pleasure is unresistible? Let him remember where he said, p. 19. A forcible consent cannot be wanting to a Conquerour, and a Conquerours power is no more then unresistible. Nay; I am senselesse on the Doctors grounds, if he cannot lawfully; for suppose he be pleased to make it a Question, whether he were not better governe by the Civill-Law, as more conducent to Gods glory, and the end of Government. He is by Law the last judge of this Question, if he determine it best: then he may lawfully doe it.

Sect. 1.Now we are come to the second part of this Section: in which he undertakes the proofe of this Assertion,His Arguments against power of resistance reserved, answered. that Limitations and Mixtures in Monarchy doe not imply a forcible constraining power in subjects for the preventing of dissolution, but only a Legall, p. 39. Answ. He failes in the very proposall of his Assertion in three points. 1. He proposeth it of Limitation in generall; whereas I grant it of that which is only in exercise; affirming it only of that which is of the power it selfe. 2. He sayes, Forcible constraining power in subjects, when he should have specified against subversive instruments, for I grant it of the Monarch himselfe. 3. He opposeth forcible to Legall, when it should be opposed only to meere Morall, not to Legall, as before. Now let us weigh his Arguments. First, Such a power must be in them by reservation, and then it must be expresse in the constitution of the Government and Covenant, or else by implication. I will answer distinctly concerning this Reservation of power of forcible Resistance. 1. There is a Reservation of liberty, or power of not being subject neither actively nor passively to the exceeding Acts of the Monarchs will: This is by implication, for what they did not resigne up, they did reserve. 2. A power of Authoritative judging and resisting the Monarch thus exceeding. This neither expressely nor implicitly is reserved; not because it is unlawfull, as the Doctor imagins, but contradictory to the very institution of a Monarchy, and so, under that intention, impossible. 3. A power of forcible resistance of subversive instruments. This by the Authority of the Law, is, not reserved, but expressely commited, not only to the Houses of Parliament, but all interiour Courts; for the Law, whose execution the King committeth unto them, commands them not only to resist, but punish its violaters, much more its subverters, without exceptions of Persons, or respect of their number, or ground and reason why they doe it, whether with or against the Kings private and absolute will or Warrant: supposing such men to be without warrant. And this power of judging all violators and subverters of Laws being committed to them, includes a power of imploying the force or Armes of the County, or whole Kingdome, if need be, to make good the sentence of the Law against them; This power being a necessary attendant to the former. And they who have the power of judging by Commission, have the power of force by implication. To his five Arguments therefore by which he proves this power not reserved by implication; I briefly Answer. 1. Limitation cannot infer it, &c. Answer, Limitation in exercise only doth not: but in the power it selfe doth infer it, as I have often shewed. 2. The inconveniencies of exorbitancie cannot infer it. Answer, They doe not infer it of themselves, for they are the same in absolute Rule: but supposing a people mind in their Frame effectually to prevent those inconveniencies, that doth infer it. 3. The consent and intention of the people, choosing a Monarch cannot infer it, because it is not the measure of the power it selfe. Answer, I have before proved the contrary, and made the Doctors supposall appeare a groundlesse falshood concerning unlimited power by Gods ordinance. 4. The intention of the people in procuring Limitations of power cannot infer it. Answer, If the peoples intention in it, be a greater security from oppression then in an absolute Government they can have, or a meere morall limitation can give them; then it doth inferre it. 5. If the Architects did intend such a forceable power to these &illegible; they would not have left it in his power to dissolve them, p. 42. This hath had its full satisfaction before. These are poore infirme arguments, as the reader cannot but see, yet he ends in a triumph. Therefore I conclude here as I premised in the second Section, where the Prince stands supreme, &c. there Subjects may not by force of armes resist, though he be exorbitant, &c. p. 43. ’Tis true he concludes as he promised, but he hath riot proved, as he promised; nor as we expected; For here is nothing, but that which fals to the ground with his supposals on which they are built; and which I have demolished in the 4th Chapter.


Chap. VII. An Answer to the 7th Section of his Replie, of places of Scripture out of the old Testament.

Sect. 1.HIs sixt Section doth wholly concerne the Author of the fuller Answer, which I passe over, because I am chargeable for no more then is my owne. And come to his seventh which containes an Examination of places alledged in this Question out of the old Testament. Where he begins confidently that there is no warrant for Resistance, p. 56. and he yeelds two Reasons why. 1. Because the Institution of that Kingdom was such as doth plainly exclude Resistance. 2. Because the Prophets never call for it. Ans. I grant it doth exclude it, as farre as in an absolute Monarchie it may be excluded; and therefore there is no need of answering his Arguments. But yet let us consider them sith he is so large in them.

To shew us the Institution of that Kingdome he brings, 1. Sam. 8. 11. Where he sayes we have it. For Samuel is commanded, v. 9. To tell the people (Jus Regis:) Now this jus Regis he makes a great matter of, and tels us it implies not a Right of doing such unjust Acts, but a securitie from Resistance and force, if he does them, p. 56.

Ans. 1. It is no prejudice to the cause I defend, if I should grant all he would worke out of this Text; for it prooves no farther then of that particular Kingdome, inducing no necessitie that all others must have the same Institution. Also that which he concludes is but a securitie for the Person of the Prince from force if he doe such unjust Acts: which we grant him not only in that, but all Monarchies, even the most limited.

2. If he have any further reach, and would conclude out of it a generall binding Ordinance of security from Resistance extending even to subversive Instruments of Will. The world will wonder at him for such an audicious conclusion from such premises. And we will look a &illegible; nearer to what he sayes. All is grounded on his Interpretation of Jus Regis. Which he seeks to confirme by Calvins Authority.

First, for his Interpretation, I say the Originall words in this place are not to be translated jus Regis, the Right of the King. Because 1. There is another more fit signification of them: the words are משפטהמלו now the word פשפט being applied to unjust Acts, as here it is ought not to be rendred jus, but mos, not Right, but manner, as appeares by another place answerable to this, 1 Sam. 27. 11. וכה משפטו speaking of Davids roving, This will be his manner, ’t were ridiculous to render it, this will be his right or priviledge. This our last interpreters knowing, did willingly depart from the Vulgar Latine; whose Authour either ignorantly or inconsiderately did render it jus Regis; which this Doctour for his advantage doth here make so much of. 2. That rendring of it, cannot be justified by any other Text of Scripture; for whersoever it is rendred Jus, it imports a morall Right; not a priviledge or securitie in ill doing. I challenge any skilfull in that tongue to bring one place where it is or can be so rendred.

Then for Calvins Authority. I answer. 1. What if Calvin or any other deceived by the vulgar Latine, or ignorance of the extent of the Originall word, have rendred it ill; must that be a prescription to others who know a better? 2. Neither doth Calvin, though he follow the Latine and render it jus, meane such a jus as the Doctour doth, sc. An absolute immunity, or security from Resistance: but onely from private men. For after he hath in all those passages, which the Doctour cites, exempted Kings from violence, truly and piously urging patience in Subjects under the injuries of their Princes, at length Instit. l. 4. c. 10. (the same out of the which the Doctor brings his proofes) num. 31. He explaines himselfe, De privatis hominibus semper loquor, that all is to be taken of private men; not of the States of a Kingdome, in their publike meetings: never discerning of such a universall immunitie, as the Doctour would put upon him to maintaine. And here I challenge not the Ingenuity, but the Conscience of this Replier, who cites Calvin at large in the former place, as agreeing with him in this case of Resistance, when he cannot be ignorant of the contrary, and therefore conceales his following words in the 31. num. Where he expressely teaches the same Truth which I have asserted in my Treatise. Heare him speaking his judgement, De privatie hominibus semper loquor: Nam si qui nunc sunt populares magistratus ad moderandum Regum libidinem constituti (quales olim erant, qui Lacedemonijs regibus oppositi erant, Ephori, aut Romanis Consulibus, Tribuni plebis; aut Atheniensium Senatui, Demarchi; & qua etiam forte potestate (ut nunc res habent) funguntur in singulis regnis tres ordines, cum primarios conventui peragunt) adeo illos fenocienti Regum licentiæ pro officio intercedere non veto, ut si Regibus impotenter grassantibus, & humili plebeculæ insultantibus conniveant, corum dissimulationem nefaria perfidia non carere assirmem, quia populi libertatem cui se, Dei ordinatione, Tutores positos norunt, fraudulenter produnt. He is cleare, that the Estates in Parliament, not only may, but are Gods ordinance for it, and are bound to resist, and not suffer the destruction of liberties, by exorbitating Princes; so that I may justly retort the Doctors words, p. 57. There can be nothing spoken more plainly for the power of resistance in the Houses of Parliament then this.

Then for his other reason from the 18. verse, Ye shall cry out in that day, and the Lord will not heare you. As in my Treatise I called it inconsequent; so also now: He is a good Logician which can draw his conclusion out of those premises. But he blames me, p. 58. for saying it was an absolute Monarchy, and cannot see how it can be so, according to my description of absoluteness. Why not? In Absolute Monarchy, there are no limits but the Monarchs own will; but these had a fixed judiciall Law, p. 59. I answer, That judiciall Law was no limits of their power; but of the exercise only; for the non observance of it by the King did not amount to an untying of the bond of subjection in the people. The Judiciall Laws being from God, not from any contract of the people, were in the same nature to that people, and for the time, with the Morall Laws; and in the same manner did limit their Kings, and no otherwise. But for the Absolutenesse of that Monarchy, here Lyra (more faithfully cited, then he did Calvin above) Constitutio Regis juxta potestatem sibiconcessum est duplex.Lyra, in 1 Sam. 8. 1. Plena & &illegible; absoluta, prout legiste de Imperatore dicere solent. 2. Cum potestate &illegible; Now sayes he, the people sinned, not simply in asking a King; but in asking a King of the first sort, to judge them as the Nations, that is, absolutely. He is expresse. 1. That limitation of power makes a limited Monarch. 2. That Israel desiring such a Government as the adjacent Nations, desired an absolute Monarch. And indeed as the definement of the morall Law doth not disparage the Absolutenesse of the Monarch, because it is from God, not the people; so did not their judiciall, for the same reason.

Sect. 1.Next he comes to the peoples rescue of Jonathan, p. 60. He may give their resolute Oath what names pleaseth him, a loving importunate violence, a souldierly boldnesse, or the like; it was a peremptory expression of no lesse then an intent of resistance, in case there had been need. Then for Davids purpose in having armed men about him; He says it was only to secure his person against the cut-throates of Saul, that is, against his private Emissaries. But who sees not a large difference betweene securing a mans selfe from private Emissaries, and appearing in the field with Armies against the Armies of the Prince, p. 61. Answer, 1. It is against reason, that he should retaine an Army of 600. valiant Souldiers, yea a great Army, like the Host of God, 1 Chron. 12. 22. to secure himselfe meerely against private Emissaries. 2. Let us grant him that there is a difference between securing against private Emissaries, and the open Army: yet if he grant it lawfull to use force against one, he grants the cause by it, of all; for a warrant from an act of the Kings will is as valid to secure a few Emissaries, as a whole Army: and Gods Ordinance in one man, is no more resistible, then in a multitude. Then for Davids intent to keep Keylah against Saul, it is so evident, by the history; that I will say no more about it; but doe refer him to that which the Pleaders for defensive Armes say about it. The Doctor seeks divers evasions, to get out of the reach of this example; but doth not satisfie himselfe, much lesse others, and therefore adds the fourth on which he must rest when all is said, That Davids example was extraordinary: Hereon he brings some things in him which were extraordinary; We grunt it in many things; but we deny it in this. If the Doctor will prove him to have a speciall priviledge to resist Gods ordinance in his Soveraign, more then other men; he must bring the grait and warrant for it: otherwise David must come under the common condition for this matter: He himselfe acknowledges he had none for violating the person of his Prince; and sure then he had none for violating the Authority of his Prince, conferred on private Emissaries, it they had any. But in his p. 65. He layes hard at me, and challengeth not only my Reason for calling this a shufling Answer, but also my ingenuity, who confesse the people in that Government might not resist; and yet doe urge these examples for Resistance. Answer, 1. For my Reason: I have made it appeare I have reason to call it so; is it not a meere evasion, to affirme in him an extraordinary priviledge, and can bring no word, not warrant for it? 2. For my ingenuity it is without cause challenged by him; for from the lawfullnesse of Resistance of unreasonable Acts of will, in an absolute Monarchy, where Reason is the Princes law; I may a sortiori conclude the lawfulnesse of resisting of instruments of illegall Acts in a limited Monarchy, where the Law of the Land is the Princes Law and bounds.


Chap. VIII. The 8. Section concerning Resistance forbidden, Rom. 13. answered.

Sect. 1.NOw we are come to his principall strength against Resistance out of Rom. 13. From whence nothing can be collected against any Resistance, but that which is of the Powers, of the Ordinance: but that which I defend is of neither of them, therefore I have no cause to feare his inferences from that Text. Now supposing the truth which I have made good, that in a limited State the limitation is of the Power it selfe, and not only of the exercise; it &illegible; evidently that in such a State resistance of destructive instruments, is neither of Power nor Gods Ordinance. I might therefore well omit that which at large here he speakes of Resistance of the Powers. The first part of the Section is spent in replying to the Exceptions of the Reverend Divines. The first thing I find which concernes me is, p. 77. I will therefore begin with him there. Where he accuseth me that in my 59, 64, and 66. page of that Treatise, I grant, they might not resist in that Monarchy; but affirme that subjects may in this; and he brings me in giving two Reasons for it. 1. Because Religion was then no part of the Lawes, but here it is. 2. Because that was an Absolute Monarchy, this a Limited and mixed, p. 77. But may I not here challenge both the ingennity and conscience of this Replyer. Did I ever grant that Gods Ordinance of Power might be resisted here; or give my Reasons for so unreasonable an Assertion? It would be tedious to repeate here, what I have said there. Let the Reader see; if he please. I will recite the summe. 1. The Doctor affirmed, that in the Apostles time the Senate of Rome might challenge more then our Parliaments can now, I denied it, and gave my reason, sc. That State was then devolved into a Monarchy by Conquest, &c. of this the Doctor speakes not a word, perhaps he is now ashamed of that comparison. 2. He said, there was greater cause of Resistance then, than now. I answered. There was then no cause at all: Not for Religion, being then, no part of the Law: Not Liberties; because then that was past, the Government changed; and an Oath taken of absolute subjection. Have I by these things granted a liberty of Resistance of Gods Ordinance to this people; and deny it to those? No; Neither They, nor We; not that enslaved Senate; nor our free Parliaments, no cause, no priviledge can justifie this. Yea I ascribe more to Gods Ordinance of Power, then He: He sayes that in a limited &illegible; we owe only passive subjection to exceeding commands of a Prince by promise limiting himselfe in the use of his power. I say; though he sin in exceeding such promise; yet we owe him also Active obedience in such commands which Gods Law forbids us not to be Active in. Neither doe I bring Doctor Bilsons testimony to prove that Religion was then no part of the Law, as he affirmes I doe, p. 77. But sure he neither heeded what I had written, nor what himselfe wrote. I laid down an Assertion that Gods Ordinance of which St Paul speakes, is the Power and the Person of him which is supremely invested with that Power; and for this did I bring Dr Bilson; who, explaining the Power there forbidden to be resisted, sayes it is the Princes will not against his Lawes; but agreeing to his Lawes. Here he serves Dr Bilson and other Divines, as before the King, and the Parliaments, teaches them a meaning contrary to their words: They meane such states as may by the knowne Laws use forceable restraint: No such meaning of his words: He makes no distinction of states; but expounds the Text in question, speaking of Gods Ordinance in generall, in all Rulers: He knowes it well enough; and therefore addes, They were willing to excuse as much as might be those motions of the Protestants in France and the Low-Countries; but had they lived now, they would have spoken more cautelously. That is, They spake rashly, wronged the truth, and reached their consciences to excuse the commotions and rebellions of those dayes. This is like a Doctor. But he likes the Homilie better then them all, that speakes home, he sayes; but what, he speakes not, nor doe I answer. But he will any the force of this exception, because I professe, with Mr Burrowes, against Resisting of Authority though abused: And with Dr Bilson, admit of resisting the Princes will against the Lawes: The is fast and loose, sayes he. How so? In limited Monarchies, where the Prince hath no Authority beyond the Law: there an act beyond the Law is unauthoritative and metrely private; so that it is no abusing of Authority; but an exceeding of Authority. Authority abused to undue acting of matters within its compasse, Mr Burrowes speakes of, and that must not be resisted. But the Princes will acting against his Law, that is matters without the compasse of Authority is not Gods ordinance, sayes Dr Bilson, and so may be rested in its instruments. I still say, let him prove such acts to proceed from Authority, I will disclaime Resistance of their instruments, either the meanest Constable in the Land, or Souldier in the army. But how cloudes he this truth which is cleare as the day? 1. In that Government under which the Apostle lived, men might not resist, though the Powers commanded contrary to Law, as oft they did: Not under the Arrian Emperours, though religion was then a part of the law, p. 78. Answer, 1. Dr Abbot that learned Bishop of Sarum was of another judgement; Demonstrat. Antichrist, c. 7. In that Government he doth distinguish the Christians carriage according to the distinction of times. At first before Religion was established by Law, cadebantur, non cadebant, but after Constantines time when it was established by Law. Cadebant, non cadebantur. 2. We may grant it in that Government, because it was absolute, and the Laws were to the Prince but morall limitations of exercise: And, as I have often acknowledged, Acts of the Princes will, exceeding such limitation, are potestative, and must not be resisted: but it will not follow that therefore they are so, in governments where the Laws are limitations of the power it selfe, and exceeding acts are not potestative. Sure in those times, as patient as the Christians were, under their persecutours, if their Religion and persons had been assaulted without Authority, they would have made Resistance: And this is all we affirme. 2. He makes two inquiries. 1. Whether the first Parliament in Qu. Elizabeths regine might have resisted her endeavours to change the established Religion? Answer, They had sinned in withstanding the introduction of truth, and the Abolition of Falshood; yet civilly and legally they might have done it: and abrogate a Law without the States she could not. But, blessed he God there was no such opposition; but a joynt consent of all three Legislative Powers. 2. How can the putting down of Episcopall Government, he now justified which stands by Law? Answer: It cannot, unlesse there be a confluence of the consent of all &illegible; nor doe I believe it is intended without the Kings consent, Unlesse their constant doctrine and practise to overthrow the liberties, and Government of this Kingdome into Arbitrarines doe prove them in all their sort subversive, and inconsistent with its safe being: Let therefore the Doctour and the rest of them looke how they continue to maintain such destructive Doctrins: for they will sooner remove themselves out of this Church, then the Subjects out of their ancient and just Liberties.

Sect. 2.At length let us see what he sayes against the absolute condition of the Romane Emperours. His other exception is, they were absolute Monarches, and therefore not to be resisted, p. 79. Ans. He doth me manifest injury: See my Treatise, I no where so argue; nor have I any need; for I equally affirm it of limited, as of absolute power, that they ought not to be resisted; for they are equally Gods Ordinance, wch extends to the powers that are: Neither have I any need of that distinction to satisfie the Apostles Text: I asserted not the absolutenesse of the Imperiall authoritie for any such reason: but against his false affirmation, That that Senate in St Pauls time, might challenge more then our great Councell can now. Here is apparent il dealing. But what can he oppose to what I said about the absolutenes of those Roman Emperours? 1. It cannot be cleared that they were de jure absolute. An. Yes, it can; according to the Doctors own grounds;Seneca. &illegible; &illegible; Marcian. for, 1. There was a full Conquest made by Julius Cæsar in that fatall battell against Pompey not only of him; but in and with him, of the whole Senate, for in eo prima acies senatus suit, says Seneca. And the strugling remainders of the free Senate were again vanquished in that battle of Octavius against Casslus and Brutus. From that time all being prostrate to his Will.Annal. l. 1. s. 1. 2. There was a submission to an Absolute yoake, Romæ ruere in servitium Consules, Patres, Eques, says Tacitus: yea the Senate was so forward to it, that Tiberius was wont to say, as oft as he went out of the Court,Ib. l. 3. s. 11. O homines ad servitutem natos! 3. There was also an establishment of this subjection by an Oath: for the Senate and Armies were brought under the same bond; and all this before St Pauls conversion. That which he brings out of latter Authours, p. 80, of the Lex regia, quâ populus principi omne suum imperium & potestatem contulit: and his conjectures of it’s not being before Vespasians time, is not worth a looking into: It was a formall complement of flattery to give that to him in words, which he had in power and Use so many yeares before. Also that of their forbearing the Diadem and Title of King, being contented only with the of Prince, was but the putting on a &illegible; &illegible; upon a rough government. Vnder that smooth Title the people and Senate were held as much under, as the grand seigneur or Persian now hold their Vassals. But they did perquam aiu magnam potestatis partem cum senatu communicare, p. 80. They did so; I was their indulgence,Annal. l. 1. s. 1. or rather policie to impart it. It is affirmed, not by uncertaine Collections of late Authors; but by Tacitus, who is instar ommum in this businesse; of Augustus the first and best of them all, Posito Triumviri nomine, consulem se sirens, insurgere paulatim, munia Magistratuum, senatus, Legum inse trahere;l. 3. s. 10. and of Tiberius, that imaginem antiquitatis senatui præbebat. They conveyed their will through the old channell of the Senate, that it might relish the better with the people; yet at pleasure did what they listed, by them, and against them. 2. He sayes, The Apostle in his reason against Resistance hath no respect to the absolute or limited condition of these Roman Emperours. Nor doe I say, he hath: the Reason he urgeth is the Ordinance of God, which is true without distinction of the whole latitude of Power. 3. A limited condition doth no more inferre a lawfullnesse of resistance for exorbitances, then an Absolute, p. 82. I say no, that it doth; no condition can inferre a lawfulnesse of Resistance of the Power, though abused; but here is the priviledge of a people under a limited Monarch, his exceeding Acts are not abuses of Power; but simply non potestative; and therefore their Agents may be resisted, without resisting the power; which is not so in an absolute Rule; if there were no priviledge, why did men trouble themselves in constituting Limitations, and Mixtures in a State: In a word, unlesse he can prove Power in all Limited States, to be illimited: and all the Acts of Well in the supreme to flow from Gods Ordinance: He labours in vain from that text, or any else to conclude against Resistance of subversive Instruments in a mixed Government.


Chap. IX. His ninth Section Answered: the Reasons against Resistance satisfied: and those for Resistance vindicated.

Sect. 1.WE are now come to his last Section: In examination of which it will appeare that he hath as little Reason as Scripture against that Resistance which I have asserted in my Treatise. Herein he doth two things. 1. Brings his Reasons against Resistance. 2. Endeavours to answer those which I brought for it. But for more evident proceeding about both, we must distinctly call to mind the Question, of what it is. 1. It is of Resistance in this state; that is, a state which I have proved to be limited and mixed to the very power it selfe. 2. It is only of Resistance of destructive Instruments: Therefore if his Reasons doe not reach to such a Resistance, they are not to the purpose.

Now against Resistance the Doctour brings no fewer then nine Reasons; In his first booke he had only five, here he hath made up in number, what they wanted in weight. I will in few words answer them distinctly, for many need not. 1. His first is from the wisdom of God putting his people under Kings, without power of Resistance; this should be to us instead of a most forceable Reason, p. 84. Answ. Well it may be instead of one; but it is not one. For 1. It was their desire to be under an Absolute Government, as their neighbour Countries were; and they offended God in it, as Lyra observes; therefore he giving them such a King as they desired; did not in his wisdome intend a binding forme for all people: I thinke the Doctour will not affirme he did. 2. If he meane Resistance of their Prince his Authority and person, I grant they were so put under; and so are we, and all that are put under Monarches; but if he mean the Acts of the Princes will which were not Authoritative; I do denie it, and the former alledged instances prove they were not: and that is all I affirme in other Monarchies.

2. The word of God gives no direction for it. The Prophets call not to the Elders for it: The new Testament commends patience in suffering for well-doing. Answ. 1. In Civill matters negative reasonings from Scripture are not proving. 2. The word gives proving and imitable examples for it, as before: and indeed the Scripture doth every way justifie resistance of cut-throats and private destructive Assaulters of Laws and Liberties, who have no Authority derived to them; and I defend no other.

3. The Apostle forbids Resistance of the Powers, not from any compact of the people, but from the Ordinance of God. ’Tis true: for no compact of people could establish an unresistible Power without the Ordinance of God. I acknowledge the Apostles ground for it: and therefore allow no resistance where there is Gods Ordinance to secure them, not for any abuse.

4. To be supreme and next to God implies a security from Resistance, p. 85. I grant all; His Person, his Power is hereby secured: I condemn all rising up against the King: but instruments of subversion, have nothing of the King in them: not his person nor Authoritie is risen up against in them. For his conceits about jus Regis I have said enough above. Neither doe I give to the Houses the power of the Lacedemonian Ephori. They had an Authority over the very person of the King: which the Houses claime not. I give them no more then Calvin doth to the three Estates in their generall meetings. The Doctor well knowes what I will answer him; which he seeks to evade, 1. By affirming that the Resisting of Instruments acting by his Power, which he hath committed to them, is a resisting of him, p. 86. ’Tis true, it is so; but we speake of instruments, which act not by his power, that is, his Authoritie; but by his will in a course exceeding the Limitation of his Authority. Could he prove that a limited Prince could commit Power to doe acts without the bounds of his Power, the Question were answered, els he beggs it, but answers it not. 2. He would desire me to look again upon the two Assertions of the Reverend Divines which I reject: He cannot conceive, how I can rotuine my owne Assertion, and reject theirs. The Doctour hath a great mind to pick some contradiction in me; but still failes in his endeavour. In good earnest, doth he speake really, when he sayes, he cannot conceive, &c. Well, let us looke againe on the two Assertions which I reject in them. 1. Governours who under pretence of Authoritie from Gods Ordinance disturbe the quiet and godly life, are farre from being Gods Ordinance in so doing. 2. This tyrannie not being Gods Ordinance, they which resist it even with armes, resist not the Ordinance of God. Doe I defend any Assertions equivalent to these. Rather I assert in that Treatise, and here also the contrary. 1. Governours whither in absolute or limited States, keeping within the measure of their power, may disturbe the quiet and godly life, and yet be Gods Ordinance in that act, though crossing the end of Gods Ordinance in it. 2. Powers though abused, yet being Gods Ordinance, they which resist even in abusive acts of it, resist the Ordinance of God. Is here no difference? Cannot I retaine this Assertion, that exceeding Acts in limited Monarchie are not Gods Ordinance, and may in instruments be resisted: And yet reject theirs, who maintain resistance of Governours themselves, in all acts of abused power? He makes no difference between Acts exceeding bounds of power: and Acts of abused power: but of this more then enough before. 3. But he will answer more particularly, so he had need. What is it? He that beares the sword, that is, has the supreme Power, gives Commission to under-Ministers for Justice; and to other Officers for the Militia: If therefore the Resistance of those though abusing their Power, be a resistance of the Power; so it is also of these. Answ. I grant all: for it proceeds only of Ministers abusing Power committed to them: not of Excesses of Power. I will retort it. Like as if when the supreme gives Commission of Justice to a Judge; and he exceeding unto Acts without the compasse of his Commission is but a private man in those Acts and may be resisted: so if Commission of Armes be given to a Generall, &c.

5. Subjection is due to a Prince, and the contrary forbidden without distinction of a good and bad Prince. I grant it, and give the reason, because they are Gods Ordinance: but the Question is of instruments of exceeding Acts, in which they are not Gods Ordinance.

6. Good reason that he which hath the supreme Trust, should have the greatest securitie, p. 87. Answ. It is so; and so we grant him: for he hath a full security from all violence for both Person and Authoritis, what ever exorbitance he breakes out unto. The people have not so: Every Subject being under the penalty of the Law for it’s transgressions. But the Doctor forgets his Clients, He is not arguing for securitie of Soveraignes; but Subiects, if they may be so called, which endeavour to subvert lawes and governments. But may we not also say, as it is good reason the supreme should have the greatest securitie; so the people also should have some securitie; and not be exposed like bruit beasts to the savage lusts of every instrument of cruelty: having only this to comfort them, that they sin in so doing? and so they doe, which with cruelty destroy even the bruit creatures.

7. From the end and benefits of Government, for the enioying of which, it is good reason we should beare with the exorbitances. Still he speakes good reason; but nothing to the purpose; for we dispute not of exorbitances of them who have the power; but of them who have no power for what they doe. In exorbitances of lesser nature, their will may secure instruments; but it is against reason that the benefits we have by their Government should cause us to be are with them who would destroy their laws and government, for of such is the Question. I wonder here againe he brings Calvin, when he cannot but know that he is expressely for power of Resistance in the Houses: and no doubt P. Martyr, and the rest follow Calvin in this.

8. Power of Resistance in Subiects would be a remedie worse then the disease, and more subversive of a Suite, then if it wore left without it, p. 92. Why would it be so? It would be a continuall Seminary of jealousies Twixt Prince and people, and confusion through the continuance of the mischiefes of Warre. Concerning this Argument of his, see p. 60. of my Treatise, where it is fully satisfied. 1. Who will believe the power of Resisting destructive instruments, should be more destructive, then to let them alone without Resistance? 2. Suppose by abuse of this power those evils should happen (for it so &illegible; out to the best physicke, where the nocumentous humours are prevailing) yet this is but by accident: such Power per se and of its owne nature tends to the preventing of subversion. On the contrary by woefull experience, this Doctrine of the unresistiblenesse of such men, hath nursed up a brood of audacious projectours, and where it is taught, a state will never be without them. Whereas, if the Truth were knowne it would restaine the spirits of wicked men from &illegible; and State subversion. Neither can any thing be more mischievous, then to teach an impunitie for projectours, and Agents of mischiefe: and he hath not the reason of a man who argues otherwise. 3. Neither can this doctrine, as the Replier tradoces it, extend to the Aeposing of Princes, or the deminishing of their Authority, for it concornes only their Instruments, not their Persons; their Absolute, extra-legall Will; not their Authority. And for iealousies, they will be more bred by that Doctrine which gives the Prince a Power to undoe the &illegible; then by that which terminates both; and gives neither a power to subvert the other; Danger is the nurse of jealousie: that which takes away power of hurting takes away Danger; and so removes iealousies: but indeed such which have a plot of breaking up the hedge of Government, and tringing lawlesse powers into a State, care not for having such a Power in those Houses whom it would cause them to feare, and looke on with continuall jealousies. The Homily of Rebellion is in vaine cited against that which is no rebellion.

9. The last and weakest of all is that of the hearts of Kings being in Gods hands, Prov 21. 1. and that of Gods Covenant with David and his seed, a Chron. 6. 16. & 7. 17. How the Doctor can draw hence a conclusion against Resistance of subversive instruments, I cannot imagine. Sure if these Texts had any proving force in them, they had not been brought so late: Rather their place had been in the former Section, where in the close he saies, He chose onely to insist on those Texts which we sit to be are argument but here he hath broke his word, yet he is excusable, for he had no better.

Sect. 1.At length he comes to my Arguments brought for Resistance. If they be not more concluding then his, would they had never seen the light, nor come to the eye of any judicious man. Let us see what he hath to say to them.

1. That Resistance is lawfull which is no Resistance of the Ordinance of God; but this of subversive instruments is not, being neither of the Person nor Authority of the Prince. He sayes, He hath propased and answered this above under his third and fourth Reasons. And there I doubt not but the invaliditie of his Answer doth plainly appeare.

2. Without this Power of Resistance all limitation of Government is vaine; and all formes resolve into that which is arbitrary. He tels me, My Argument is inconsequent by my owne description of Absolute Monarchie: so that the restraint of a limited Monarch is Legall and Morall, not forceable and Military, p. 93. I answer, I describe limited and Absolute Monarchie not by Force; but the having or not having abounds of Will; but how absurd it is when the distinctive conceit in the definition of a limited Monarch, is a Law terminating his will to take it of a morall terminating, which is common to all, not only Monarches but men? Especially sith I explaine my selfe so fully afterwards, as I doe, there p. 7. in the three degrees of absolutenesse. But I have above enough discovered the fraud and falshood of his confounding of Legall and morall Limitation: and have prooved that to give a Limited Monarch only a morall Limitation, is to resolve all into Absolute and Arbitrary, for the most absolute under heaven hath morall limitation.

3. Such Power is due to a publique State for its preservation which is allowed to a particular person. He answers, this is not universally true. Why not? a State is more worthy, and comprehends a multitude of particular men: doth number detract from their priviledge? He would seeme to have reason for his deniall: A private man hath by the law of nature power of selfe-preservation against the force of another private man; yet is this power yeelded up in regard of Civill Power, and not to be used against persons indued with such power, p. 94. 1. He still speakes Truth; but not to the Question: which is not of persons indued with civill power; but such as we have proved to have no power; grant them endued with power, neither a particular man: or a whole Community must resist them: but having none, it is much more allowable in a publique state, then a particular person. 2. He speakes of a power yeelded up, as if in all governments the people doe simply yeeld up all power of Resistance into a full subjection unto all Acts of the Princes will: Whereas we have prooved, that in limited Governments it is not so: but to the Princes Will measured and regulated by a Law; and therefore they have that power still, in respect of all instruments of acts of Will not so regulated.

But it is observable, that p. 95. the Doctour is beaten off from his owne grounds, and yeelds up in the Close of his booke a full Victory to Truth. Which will appeare if we looke backe to his first booke, and Sect. 1. where he proposeth the Question in his own termes, whither if a King be bent or seduced to subvert Religion, Laws and Liberties, Subjects may take up armes and resist. He undertakes to maintaine the Negative; and here was the beginning of the controversie. Now see in this Replie how he is sunck and stollen off from that which he undertooke to defend; and upon the matter grants us the Cause. Por, 1. By bent or seduced to subvert, he tels us, he means not a purpose of the mind, but doing many Acts arbitrarily tending to subuersion; as if he would yeeld, that (supposing him bent, that is purposing and intending it in his mind and course) he might be resisted. 2. Nay, by [bent to subvert] he does not meane so much as Acts subversive; but onely Acts tending to subversion of themselves; for the frame of government and Lawes cannot be subverted without the consent of the two Houses. So that now the Question is rather, Whither subversion be possible by such instruments; then whether their Resistance be lawfull: Sure it were pitty to disturbe them by Resistance in an impossible worke: Let them run on rather till they see their owne vanity and folly: but suppose they should bring it to passe; then it would be too late to come to this Doctor and tell him, he was deceived, and did deceive. Certainly those great Polititians who have had this &illegible; managing so many yeares, are not of his mind. Yea, suppose it cannot be done without the consent of the Houses; yet the Doctour can tell us in another case, that where there is an unresistible power, Consent cannot long be wanting. What then; will he yeeld us a power of Resistance, if we can proove such a designe possible?

Here also because the Doctor sayes this liberty which I allow a State for its preservation, sends rather to its subversion, p. 94. and every where calumniates me as an inducer of confusion, and Anarchie, and my Assertions as opening a way to Rebellion. It concernes me effectually to vindicate my selfe, and the truth which I maintaine from these aspersions; and make it appeare that the power of Resistance I defend is not a remedy worse then the disease of subversion. Which I can doe no better way, then by a positive setting downe the naked truth which I averre in this and the former Treatise; and shew how it shuts up every way to these evills which he layes uncharitably to my charge. 1. I assert no forceable Resistance in any case but subversive and extreme. 2. Subversive and extreme cases respect either particular men; or the whole state and Government. For particular men even in extreme cases of state or life, I allow no publike Resistance: but appeale if it may be had; or if not, yet no publike Resistance: for whether the wrong be done him by inferiour or superiour Magistrates, either it is. 1. Under forme and course of Law, and power committed them; and then to resist, is to resist the power. 2. Or without all forme and course of Law and power committed to them: and then a man values his state and life too high, to make publike resistance, and bring on the state a generall disturbance for his private good, and sins, though not against Gods ordinance of Power, in this case, yet against the publike peace and weale. For the whole state or government, and the last cases of its subversion, of which the Doctor puts the Question. 1. I condemne all force used against the Person of the supreme, or his Power and Authority in any inferiour Ministers thereof. 2. I averre not publike forceable resistance of Ministers of acts of will which are only actuall invasions, or excesses of limitation; and not such as plainly argue a bent of subversion, and apparent danger thereof, if prevention be not used: so that the Doctor goes from the Question, and comes home to me, when he sayes here that he speakes only of the former sort. 3. I affirme not force in this utmost case to be assumed by private men against destructive instruments of the Princes will: as if any man were warranted on his own imagination of publike danger to raise forces for prevention. But the Courts of Justice, and especially the supreme Court, to whom the conservation of Government and Law is committed, and a Power not only to resist, but also censure and punish its violaters, much more its subverters without regard of number or warrant, (The Law supposing no warrant can be in such case) This is the power of Resistance which I have asserted: and it this be inducing of civill warre, or a way to subversion and Rebellion: It is a warre raised by defenders of Law, against subverters of Law: A Rebellion raised by Magistrates having Authority, against instruments of arbitrarinesse having no authority: A resistance tending to subversion, but of none but subverters. ’Tis good reason then, it seemes, if destroyers grow to the number and strength of an Army, for Magistrates to let them alone, and not raise armes to suppresse them, lest they open a way to confusion and bring on the miseries of a civill Warre. This is the Doctors preservative Doctrine, and my contrary is destructive. 4. I argued from the end of the institution of the Houses, and their interest in making Laws, and preserving the frame. He sayes this is grounded on my false supposall of their being joyned with the King in the very soveraigne power, p. 96. Answer, I have justified that supposall; and manifested his strange boldnesse in denying it against the Kings, and so many Parliaments direct affirmations; and desire the reader to take notice, that this is Calvins argument for Resistance, in the place above recited, how ever the Doctor doth make so light of it.

5. From the power of inferiour Courts to punish violaters of Law, though pretending a warrant of the Kings will for it. He sayes this Argument is inconsequent to prove power of raysing Armies to oppose the Forces of their Soveraigne. He hastens to a conclusion, and weighs not much what he answers. I say it concludes inevitably: for if the Kings warrant to violate Law, will not priviledge one from force of justice, then not a hundred, not an Army of violaters. Their multitude makes the danger greater, and the Kingdome more unhappy; not Malefactors more priviledged. The forces of the Soveraigne in truth, are the Forces raised to defend his Government; not those which are raised to subvert it. They are his, which have his Authoritative will; not those which have only his arbitrary. If ever Reasons did demonstrate a truth, I am confident these five have made good, The power of the estates in Parliament to resist subversive instruments, be they more or fewer.

Sect. 3.Thus have I traced this Author through his Reply; and whether I have not sufficiently vindicated my Treatise from it, I referre my selfe to the conscience of every one who hath the understanding of a judicious man; and the impartiality of a just man. In my cap. 8. is a moderate debate of the present contention; and divers Petitions tending to pacification if it had been possible: but he toucheth not on that chapt. His discourse shewes him to have nothing to doe with Moderation; nor doth desire Peace, but on the termes of a full dedition into the hands of subversive instruments. I have done with him: He resolved, I Answered. He hath replyed. I have returned on it. I am even with him; and in truth above him, I am sure. Now I desire to spin out this contention no longer. Yet if he, or any else please to rejoyne, I wish he would save himselfe, and me a labour: to let alone the booke; and deale only with the 4th, and 5th Chapters concerning the Doctors supposals; if he can make good them; and invalidate mine, as much as in me lieth, I will yeild him the cause: but I judge it impossible, if I know what is impossible. The God of spirits allay the spirits of men from this extreme opposition: And give such a issue to these wofull warrs, that the scepter of Christ, the Gospell of Peace may be fully submitted to and maintained by a King enjoying inviolate his due soveraignty; and a People their due and lawfull liberties, Amen.

Phil. 4. 5.

Let your moderation be known unto all men: The Lord is at hand.

FINIS.



T.37 (2.4) [William Walwyn], The Compassionate Samaritane Unbinding The Conscience (June or July 1644).

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Check this edition??? 2.10. (2.4.) [William Walwyn], The Compassionate Samaritane (5 January 1645).

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[William Walwyn], The Compassionate Samaritane Unbinding The Conscience, and powring Oyle into the wounds which have beene made upon the Separation: recommending their future welfare to the serious thoughts and carefull endeavors of all who love the peace and unity of Commonwealths men, or desire the unanimous prosecution of the Common Enemie, or who follow our Savious rule, to do unto others, what they would have others do unto them.

The Second Edition, corrected, and enlarged.
Printed in the Yeare 1644.

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Si populus vult decipi, decipiatur.

To him that reads.

If after this, when all the guiles, That have misled you, and the wiles

Are manifested cleare as day, So that you must say, these are they: You yet will be befoold, you may, Errours have some excuse, when they’r not knowne, But being known once, wilfulnesse has none.

To the Commons of England

To you whom the People have chosen for the managing of their affaires, I present this necessary Treatise without boldnesse and without feare: for I am well assured, that as it is mine, and every man’s duty, to furnish You with what we conceive will advanse the Common good, or bring ease and comfort to any sort of men that deserve well of their Countrey (as You cannot but know the Seperation doe, if You consider with what charge and hazard, with what willingnes and activity they have furthered the Reformation so happily begun) so likewise it is, Your duty, to heare and put in execution, whatsoever to Your judgments shall appeare conducing to those good ends and purposes. I recommend here to Your view the oppressed Conscience, and the despised Separation: They have been much wounded (I believe every body can say by whom) and the people have passed by without compassion or regard, though they themselves must necessarily partake in their sufferings There are none left, to play the good Samaritanes part but Your selves, who as You have power; will, (I make no question) be willing too, when You have once well considered the matter, which this small Treatise will put You in mind to doe. It is not supposed, that You (who have so long spent Your time in recovering the Commons Liberties of England, should in Conclusion turne the Common into Particular; let the insinuations and suggestions of some in the Synod, be what they will, I make no question, but You will see both through and beyond them; and will never be swayed from a good conscience to maintaine particular mens Interests.

In the beginning of Your Session, when our Divines (as they would have us call them) wrote freely against the Bishops, & the Bishops made complaint to You for redresse; some of You made answer, that there was no remedy, for as much as the Presse was to be open and free for all in time of Parliament: I shall make bold as a Common of England to lay claime to that priviledge, being assured that I write nothing scandalous, or dangerous to the State, (which is justly and upon good grounds prohibited by Your Ordinance to that effect) only I humbly desire You to consider whether more was not got from You by that Ordinance then You intended, and that though it was purposed by You to restrain the venting and dispersing of the Kings writings and his Agents, yet it hath by reason of the qualifications of the Licensers wrought a wrong way, and stopt the mouthes of good men, who must either not write at all, or no more then is sutable to the judgments and interests of the Licencers. The Seperation (I guesse) would have tooke it for better dealing, if the Divines had in expresse tearmes obtained of You an Ordinance for suppression of all Anabaptisticall, Brownisticall, or Independant writings; then to have their mouthes stopt so subtlely, so insensibly, and their just Liberty in time of Parliament taken from them unawares. There can be no greater Argument, that the Divines intend not well, then their taking uncough, and mysterious, subtile wayes to effect their ends; even such as far better become Polititians, then Ministers.

It is high time O Commons of England, to put an End to the sufferings of the Seperation, who have for many yeares been the object of all kind of tyranny, Papisticall, Prelaticall, and Regall: The first Foundation of honor, and respect was certainly from publike service and protection of the distressed: Make it Your worke, and assure Your selves, you will find not only the universall love of all good men accompaning You, but a quiet and cheerfull Conscience, which is above all honour and riches, Others may weary themselves in plots and contrivances to advance selfe-ends and interests, to the peoples damage and molestations; sadnesse and distraction will be their companions for it. But make it Your businesse, Ye chosen men of England according to the trust reposed in You to protect the Innocent, to judg their cause impartially, to circumvent men in their wicked endeavours; and so You will become the beloved of God, the beloved of good men.

Liberty of Conscience Asserted,

And the Separatist vindicated.

Having heretofore met with an Apologeticall Narration of Thomas Goodwin, Philip Nye, Sydrach Sympson, Jeremy Burroughs, William Bridge; I did with gladnesse of heart undertake the reading thereof, expecting therein to find such generall reasons for justification of themselves, to the world, as would have justified all the Separation, and so have removed by one discourse those prejudices and misapprehensions, which even good men have of that harmelesse and well meaning sort of people: But finding contrary to that expectation that their Apologie therin for them selves and their Toleration was grounded rather upon a Remonstrance of the nearnesse between them and the Presbyterian, being one in Doctrine with them, and very little differing from them in Discipline, how they had been tolerated by other Presbyter Churches, and indulgd with greater priviledges, then the Separatist, how they differed from the Separatist, and had cautiously avoyded those roks and shelves against which the Separatist had split themselves, confirming by these words, the peoples disesteem of Separatists, suggesting by that phrase of theirs, as if there were amongst the Separatists some dangerous by-pathes or opinions, which they warily shund, though no mention be made what they are, which is the worst sort of calumny.

Finding to my hearts greife the Seperatist thus left in the lurch, and likely to be exposed to greater dangers then ever by the endeavours of these men, my heart abounded with greife, knowing the Innocency of their intentions, and honesty of their lives, that they are necessarily enforced to be of the mind they are, upon long examination of their owne tenents that they desire nothing more then that they should be publikely and impartially reasoned, knowing likewise their affection to the Commonwealth, their forwardnes of assistance in purse and person, knowing their Meetings to be so innocent, so far from confederacy or counterplots (though they are very sensible of the sad and perplexed condition that they are in) that they have not yet so much as spoke ought in their owne defence, but trusting to the goodnesse of God, the equity of the Parliament, the simplicity and integrity of their owne wayes, doe quietly enjoy themselves and their worship, let what will be brewing against them, being resolved like Hester to doe their dutyes, and if in doing thereof they perish, they perish: Me thinkes every man is bound in conscience to speak and doe what he can in the behaife of such a harmelesse people as these: what though you are no Separatist (as I my selfe am none) the love of God appeares most in doing good for others: that love which aimes only at it selfe; those endeavours which would procure liberty only to them selves, can at best be called but selfe love and selfe respects: ’Tis common freedome every man ought to aime at, which is every mans peculiar right so far as ’tis not prejudicall to the Common: Now because little can be done in their behalfe, unlesse Liberty of Conscience be allowed for every man, or sort of men to worship God in that way, and performe Christs Ordinances in that manner as shall appear to them most agreeable to Gods Word, and no man be punished or discountenanced by Authority for his Opinion, unlesse it be dangerous to the State: I have endeavoured in this Discourse to make appeare by the best reason I have, that every man ought to have Liberty of Conscience of what Opinion soever, with the caution above named: In doing whereof, I have upon occasion removed all prejudices that the people have concerning the Separatist, and vindicated them from those false aspertions that are usually cast upon them to make them odious; wherein, my end, I make account, will evidently appeare, to be the peace and union of all, and to beget this judgement in the People and Parliament, that ’tis the principall interest of the Commonwealth, that Authority should have equall respect, and afford protection to all peaceable good men alike, notwithstanding their difference of opinion, that all men may be encouraged to be alike serviceable thereunto; liberty of Conscience is to be allowed every man for these following reasons

1. Reason. Because of what judgment soever a man is, he cannot chuse but be of that judgement, that is so evident in it selfe, that I suppose it will be granted by all, whatsoever a mans reason doth conclude to be true or false, to be agreeabe or disagreabe to Gods Word, that same to that man is his opinion or judgement, and so man is by his own reason necessitated to be of that mind he is, now where there is a necessity there ought to be no punishment, for punishment is the recompence of voluntary actions, therfore no man ought to be punished for his judgment.

Objection. But it will be Objected, That the Separatists are a rash, heady People, and not so much concluded by their Reason, as their Fancie, that they have their Enthusiasms, and Revelations, which no body knowes what to make off, and that if they were a people that examined things rationally, the Argument would hold good for them.

Ans. That I suppose this to be the Argument not of the present, but of the loose witted times before the Parliament, where some politike Bishop, or Dr. Ignorant University man, or knave Poet would endeavour by such a suggestion to the people to misguide their credulous hearts into hatred of those good men, who they knew to be the constant enemies to their delusions: but let all men now have other thoughts, and assure themselves that the Brownist and Anabaptist are rationall examiners of those things they hold for truth, milde discourseres, and able to give an account of what they beleive; they who are unsatisfied in that particular, may, if they please to visite their private Congregations which are open to all commers, have further satisfaction; perhaps here and there amongst them may be a man that out of his zeale and earnestnes for that which he esteemes truth, may outrune his understanding, & shew many weaknesses in his discourse, I would the like frailty and inabilities were not to be found in many of us; but if the slips and wanderings of a few, and those the weakest, be an Argument sufficient to discountenance the Separation, and worke them out of the worlds favour, I pray God the same Argument may never be made use of against us; amongst whom, many, and they not esteemed the weakest neither, would give great advantages that way: In the mean time I wish with all my heart we could all put on the spirit of meeknes, and rather endeavour to rectifie by argument and perswation one anothers infirmities, then upbraid the owners of them with a visible rejoycing that such things are slipt from them to their disadvantage.

One Custome they have amongst them which doth make even the generality of them able arguers in defence of their way, and that is either an use of objecting against any thing delivered amongst them, or proposing any doubt, whereof any desires to be resolved, which is done in a very orderly manner, by which meanes the weakest becomes in a short time much improved, and every one able to give an account of their Tenets, (not relying upon their Pastors, as most men in our congregations doe) which may serve to remove the objection, and put us to consider, whether the like custome be not wanting amongst us.

2. Reas. The uncertainty of knowledg in this life: no man, nor no sort of men can presume of an unerring spirit: ’Tis knowne that the Fathers, Generall Councells, Nationall Assemblies, Synods, and Parliaments in their times have been most grosly mistaken: and though the present times be wiser then the former, being much freed from superstition, and taking a larger liberty to themselves of examining all things, yet since there remaines a possibility of errour, notwithstanding never so great presumptions of the contrary, one sort of men are not to compell another, since this hazard is run thereby, that he who is in an errour, may be the constrainer of him who is in the truth.

Ob. But unity and uniformity in Religion is to be aimed at, and confusion above all things to be avoyded, by Toleration new Opinions will every day breake forth, and to the scandall of the Nation, we shall become a very monster in matters of Religion, one part being Presbyter, another Anabaptist, Brownist another, and a fourth an Independent, and so divers according to the diversity of opinions that are already, or may be broached hereafter.

Ans. I answer, that in truth this objection appeares specious at the first glosse, and therfore is very moving upon the people, which the Bishops well knew, whose it was, and taken up as the fairest pretence for the suppression of those, who it is to be feared, will prove the suppressors. For answer whereunto I averre, that a compulsion is of all wayes the most unlikely to beget unity of mind, and uniformity in practice, which experience will make evident. For,

The Fines, Imprisonments, Pillories, &c. used by the Bishops as meanes to unite, rather confirmed men in their judgments, and beget the abomination and odium which these times have cast upon the Hierarchie, being in the worst kind tyrannicall, as endeavouring by the punishment of the person, the bowing and subjecting of the Conscience. And if it be it instanced, that some there were that turned with the wind, and were terrified by feare of punishment into a compliance. I answer, that such men are so farre from being examples to be followed, that they may more justly be condemned for weather-cokes fit (to be set up for men to know which way blowes the wind) of favour delicacy, ease and preferment.

Secondly, The conscience being subject only to reason (either that which is indeed, or seems to him which hears it to be so) can only be convinced or perswaded thereby, force makes it runne backe, and strugle; it is the nature of every man to be of any judgment rather then his that forces. ’Tis to be presumed, that ’tis upon some good grounds of reason that a man is of that Judgement whereof he is. Wouldest thou have him be of thine? Shew him thy grounds, and let them both worke, and see which will get the victory in his understanding. Thus possibly he may change his mind, and be of one judgment with thee: but if you will use Club Law, instead of convincing and uniting, you arme men with prejudice against you, to conclude that you have no assurance of truth in you, for then you would make use of that, and presume of the efficacy thereof, and not fight with weapons which you (doe or at least should) know not to be the weapons of truth. But I feare there is something more in it: I cannot thinke that the Bishops in their times used so many stratagems of vexation and cruelty against good people, to gaine them to be of their mind, they could not be ignorant that they set the Nonconformists of all sorts thereby at an irreconcilable hatred against them. No, there end rather was this. They had consulted who were opposite to their designes, and finding the Puritane and Sectary so to be, their interest was by all possible meanes to suppresse them, that so they might without opposition trample upon the people. And therefore in these times men should consider what they doe. For if they who have the publique countenance doe beare themselves after the same manner towards the Anabaptists and Brownists, or whatsoever other sect there is, or may be, that cannot comply with them in judgement or practice (as by their beginnings we feare they will) what can we judge of them but that their ends and intentions are the same with the Bishops? For by their fruits (saith our Saviour) ye shall know them: we may be deceived by words their turnings and contextures are so infinite, that they may be framed so, as to make the worst seeme good. The actions of men are the best rules for others to judge them by. Now upon view of the actions of the Divines that are now in favour, men doe speake very strangly, some say the tyrannie over conscience that was exercised by the Bishops, is like to be continued by the Presbiters: that the oppressours are only changed, but the oppression not likely to be removed. Others say, that the Anabaptist and Brownist are like to find harder masters, for that the Bishops made the punishment of them a matter of sport and profit to themselves, and reserved their punishments to be diversions of the peoples mindes from taking too much notice of their intrenchments upon the lawes and common liberty, suffering their societies notwithstanding to remaine, though so low and dejected that they were past feare of them. But the Presbiters, as it is conceived, will be more violent, as slaves usually are when they become masters: and thus talke not onely the Anabaptist and Brownist and Antinomian (being chiefly in danger) but other the most moderate ingenious men, that are not swayed by the Divines interest.

They say too, that as it is not just, so neither is it politike, that in the beginnings and first rise, when the Divines are but laying the foundation of their greatnesse, wealth, and sway over the peoples consciences, and twisting their interest insensibly with the Parliaments, that in the infancy of their tyrannie they should carry themselves so high and presumptuous as they doe over other men, shewes that their wisedome here comes somewhat short of the Serpents, or else that they are so impatient at the not compliance of other men, that they break, out even against their owne interest. Nay some say further, that they did well indeed in being so zealous against the Bishops, those Drones and Caterpillers of the Commonwealth, in making deservedly odious to the people their oppressive Courts, Fines, Censures, and Imprisonments. But they begin to fear that some bad ends of their owne were aimed at herein, and not so much the liberty of the people, as that they might get up into the Chaire and become to them instead of a Lord Bishop, a ruling Presbytery, which they feare will bring in more rigidnesse and austerity, no lesse ambition and domination then the former. And the reason they have to feare, is, because our Divines have not dealt clearely with us in many particulars, but continue certaine interests of the Bishops, which they find advantagious to advance their honour & esteeme with the people and have entered already into many of their steps, which in them at first they did seem so much to abominate. That the interest only of the Bishop in particular, and of that sort of Prelates is exploded, but the generall interests of the Clergie, whereby another Prelacy may be erected, and the mystery of the Divines maintained in credit amongst the people, is still with all art and industry preserved. I will take the paines both to tell you what those generall interests are, and what in reason may be said against them.

I. Their first interest is to preserve amongst the people the distinction concerning Government of Ecclesiasticall and Civill, though upon consideration it will be found that two Governments in one Common-wealth hath ever been, and will ever prove inconsistent with the peoples safety: The end of Government being to promote virtue, restraine vice, and to maintaine to each particular his owne, one sort of Government which we call the Civill, either is sufficient, or by the wisedome of the Parliament may be made sufficient for these ends. At the beginning of this Parliament it was confessed, that it was both too burdensome for the Divines, and too hazardous for the State, that they should bee trusted with any thing of Government, their preaching and instructing the people being, if well discharged, sufficient to take up the whole man. But the times change, and the men with them; the designe is feasible, and it must now againe be thought necessary that the Divines should have a stroake in the Government, and therefore that distinction is againe maintained, which being taken up at first by proud Church-men for ambitious ends, is still continued for ends though not in every thing the same, yet differing (I feare me) rather in the degrees than nature of them, we cannot tell what else to thinke of it, but that finding our Divines aiming at authority and jurisdiction, have judged it most politicke to gaine a preheminence, (lesse stately and pompous, but) altogether as imperious and awfull over men as the former, which because it is not so garish outwardly as the Bishops, they may presume will therefore be the easier admitted, and prove of longer continuance.

II. The second interest of the Divine, is to preserve amongst the people the distinction of Clergie and Laity, though not now in those termes, because they have been unhappily discovered. The Scriptures so evidently makeing the people Gods Clergy by way of distinction from the Ministers, I Pet. 5. 3. but never the Ministers by way of distinction from the people. And then for Laity, a people (as the word signifies) I hope the Ministers are such as well as any others. Well, the distinction by words is not so materiall, as a reall distinction with their interest is to preserve. They would not have us to thinke that a Minister comes to be so, as an other man comes to be a Merchant, Bookeseller, Taylor, &c. either by disposall of him by his friends in his education, or by his owne making choyce to be of such a Trade; no, there must be something spirituall in the business, a Jure Divino must be brought in, and a succession from the Apostles, and even as some would have us thinke Kings to be annoynted of God, because the Israelitish Kings were by his command, so we are made to beleive, that beccause the Apostles were ordained by God to be Teacheers of the people, and endued with guifts for that end; that therefore there is a like divine, though secret ordination from God in making of our Ministers, and spirituall guifts & qualifications thereunto: Because otherwise, if the people did not beleive so, they would examine all that was said, and not take things upon trust from the Ministers, as if whatsoever they spake, God spake in them: they would then try all things, and what they found to be truth, they would embrace as from God, for God is the Authour of truth; what they found to be otherwise, they would reject, and then for the most part they might spare their notings and repetions too, unlesse the more to discover the groundlesnesse of the doctrine, and the giddinesse of the Divinity which they generally heare. They would then handle their Ministers familiarly, as they doe one an other, shaking off that timorousnesse and awe which they have of the Divines, with which they are ignorantly brought up. He that bade us try all things, and hold fast that which was good, did suppose that men have faculties and abilities wherewithall to try all things, or else the counsell had beene given in vaine. And therefore however the Minister may by reason of his continuall exercise in preaching, and discoursing, by his daily study, and reading, by his skill in Arts and Languages, by the conceit of the esteeme he hath with a great part of admiring people (in whom is truly fulfilled the prophecie of St. Paul, 2 Tim. 4.3.4.) presume it easie to possesse us, that they are more divine then other men (as they style themselves) yet if the people would but take boldnes to themselves and not distrust their owne understandings, they would soon find that use and experience is the only difference, and that all necessary knowledge is easie to be had, and by themselves acquirable: and that it is the Ministers interest, their living depending thereupon, to frame long methods and bodies of Divinity, full of doubts and disputes, which indeed are made of purpose difficult to attaine unto, that their hearers may be alwyes learning, and never come to the knowledg of the truth, begetting disquiet and unsetlednesse of mind, continuall controversies, sadnesse, and many times desperation: All which makes for them, for that upon all occasions men have recourse to them for comfort and satisfaction, which how weake and short soever it be in it selfe, must be currant, because from them: the Keyes of the Church (a prerogative which our Saviour gave to his Apostles,) they arrogate to themselves, a new Authority they make mention of in their Sermons, which they call Ministerial (though no such thing belongs to them, nor is yet setled upon them, nor I hope ever will be) thus their interest is to make of themselves a peculiar Tribe, of a nearer relation to God then other men: His more immediate Servants the Labourers in his Vineyard, the Co-workers with him, and all other titles they claime, given in Scripture to the Apostles, though neither for their abilities, much lesse for their vertues or conversations, or in any other respect can be due unto them.

III. The third interest is to perswade the people, that the Scriptures though we have them in our owne tongue, are not yet to be understood by us without their helpe and interpretation, so that in effect we are in the same condition with those we have so long pitied, that are forbid to have the Scripturs in their own tongue: for ’tis all one not to have them in our own tongue, and to be made beleive, that we cannot understand them though we have them in our owne. Is the Cabinet open to us, and doe we yet want a Key? has so much labour been spent? so many Translations extant, and are we yet to seeke? Let us argue a little with them: either the Scriptures are not rightly Translated, or they are: If they are not, why have wee not beene told so all this while? why have wee beene cheated into errours? If they are rightly Translated, why should not Englishmen understand them? The Idiomes and properties of the Hebrew, and Greeke Languages, which some say, cannot word for word be exprest in English, might all this while have beene Translated into as many English words as will carry the sence thereof. There is nothing in the Hebrew or Greeke but may be exprest in English, though not just in so many words (which is not materiall) so that it must be contest, that either we have not beene fairly dealt withall hitherto in the conveyance of the Scripture, (a thing which few dare suspect) or else the Scriptures are as well to be understood by us, as by any Linguist whatsoever.

Well, notwithstanding all this how evident soever it be, a great part of us, people doe beleeve just as they would have us, and therefore silly men (as we are) in case of doubt to them we goe to be resolved: and hereby is maintained the necessity and excellency of learning, and the Languages, and so of Universities, and a supposall that the arts likewise are of necessity to a Divine: seven yeares at least are allotted for the attaining thereof, to fit and dispose men for the study of Divinity, the Arts being, as they say, handmaids and preparations to Theologie. But I heare wise men suspect all this, and say, that the Divines of what sort soever, have other ends in urging all these things to be of necessity.

First, they have hereby made it a difficult thing to be a Minister, and so have engrossed the trade to them selves, and left al other men by reason of their other professions in an incapacity of being such in their sense.

And therefore, Secondly, if any doe take upon them their profession without University breeding and skill in the Arts and Languages (how knowing a man so ever he be otherwise) they have fastened such an odium in the hearts of most of the people against him, that a theif or murderer cannot be more out of their favour then he. Thirdly, they being furnished with these Arts and Languages, have a mighty advantage over all such as have them not, & are admirers therof, (as most men are) so that hereby they become masters of all discourses, and can presently stop the peoples mouthes, that put them too hard to it, by telling them that it is not for Lay-men to be too confident, being no schollers, & ignorant of the Originall; That the Originall hath it otherwise then our Translations: And thus they keep al in a mystery, that they only may bee the Oracles to dispence what, & how they please: so that this third interest is of much concernment to them.

I know what the scruple of most men wil be, in reading of this last particular; almost all wil be the Divines Advocate for Learning, & have him in great hate & derision, that is an enemy thereto. For as Diana was, so is Learning those Crafts-mens living & the peoples goddesse. However, I will make no Apologie for my selfe, but desire, that every man would give his reason scope, boldly to examine, what it is, what good the World receives from it, whether the most learned, or unlearned men have been the troublers of the World. How presumptions and confident the learned Scribes, Priests, and Doctors of the Law were, that they best understood the Scriptures: How the poore and unlearned Fishermen and Tent-makers were made choyce of for Christs Disciples and Apostles, before any of them: How in processe of time they that tooke upon them to be Ministers, when they had acquired to themselves the mysterie of Arts and Learning, & confounded thereby the cleare streames of the Scripture, and perverted the true Gospell of Jesus Christ, and by politicke Glosses, and Comments introduced an other Gospell sutable to the covetous, ambitious, and persecuting spirit of the Clergie (which their esteeme with the people made authentick) they then began to scorne the simplicity and meanesse of the Apostles, to call that the Infancy of the Church, and to engrosse great Livings, Lordships, Territories and Dominions; to embroyle States in warres, to supplant one an other and divert the people from the prosecution of their owne interest, (which is their safety and libertie) to maintaine their quarrells, and erect that Governement the then rising part of them could agree upon. So that the Preists and Ministers of Christendome (though others have the name) yet they are indeed the Lords and leaders thereof, as at present by Englands sad experience may evidently appeare: For I would have all wise men consider, whether the party who are now in armes to make us slaves, consists not cheifly of such as have had esteeme for the most learned Arts men in the Kingdome; or of others, (who if not learned themselves) are admirers of such as are. Yea, to examine whence most of the warres of Christendome have sprung, and whether these artificiall Clergie men have not been the cheife causers and still are the grand Incendiaries of our present miseries which threaten our utter ruine, and although the Episcopall Clergie pretend to strive for the Regall Prerogative on the one side, and the Presbiterian Prelacy for Reformation, and the Liberty of the Subject on the other side; yet both of these mainely intend their owne respective profits, and advancements; so that which side soever prevaile (if such may have their wills, both aiming at their own greatnesse and Dominion over the consciences of their Brethren) extreamest miserie, and basest kind of slavery will unavoydably follow; whilst each of them by all slye insinuations and cunning contrivances seeke to obtaine authority to compell the whole Nation to be subject to their doubtfull, yea groundlesse determinations, which of all other is the greatest and worst sort of oppression and tyranny. The people may, if they please, dote upon that which ever hath been, and will be their destruction: It would be more safe for them (I am sure) to distinguish of Knowledge, and to reject what is uselesse (as most of that which hath hitherto borne the name of learning, will upon impartiall examination prove to be) and esteeme that only which is evidently usefull to the people; to account better of them that having no by-ends or respects, have studied the Scriptures for their owne and others information, and doe impart the same to the people out of a desire of their good, for nothing, (as the Anabaptists doe to their Congregations) than of such men as use all meanes to augment their tythes and profits, who being rich and abundantly provided for, yet exact them from poore people, even such whose very bellies can hardly spare it; whose necessities ought to be releeved by them, and not the fruite of their labours so unreasonably wrested from them, as oft it is, and the same so superfluously spent, or so covetously hoarded up, as for the most part is knowne to be. When they commend Learning, it is not for Learnings sake, but their owne; her esteeme gets them their Livings and preferments; and therefore she is to be kept up, or their Trade will goe downe. Have a care therefore O yee Clergie, as you esteem your honour and preferment, your profit and observance, that you keep this Diana of yours high in the peoples esteem: Rouze up your selves, and imagine some new wayes to quicken the admiration of this your Goddesse; for I can assure you, mens eyes begin to open, they find that she is not so beautifull as she once seemed to be; that her lustre is not naturall, but painted and artificiall: Bestirre your selves, or your Diana will downe. But why should I excite you, who I know are too industrious in the preservation of your owne interests.

Divers other interests they have plied, as to make themselves the only publike speakers, by which meanes whome, and what they please they openly condemne, cry up, or cry downe, what makes for or against themselves: There they brand men with the name of Hereticks, and fasten what errours they thinke are most hatefull to the people, upon those men they purpose to make odious: There they confute all opinions, and boldly they may doe it, for as much as no liberty of reply or vindication in publike is allowed to any, though never so much scandalized by them. And that men may not vindicate themselves by writing, their next interest is to be Masters of the Presse, of which they are lately become by an Ordinance for licensing of Bookes, which being intended by the Parliament for a good & necessary end (namely) the prohibition of all Bookes dangerous or scandalous to the State, is become by meanes of the Licencers (who are Divines and intend their owne interest) most serviceable to themselves (scandalous Books being still disperst) in the stopping of honest mens writings, that nothing may come to the Worlds view but what they please, unlesse men will runne the hazard of imprisonment, (as I now doe) so that in publike they may speake what they will, write what they wil, they may abuse whom they will, and nothing can be said against them: well may they presume of making themselves Masters of the people having these foundations laid, and the people generally willing to beleive they are good. I might proceed, to shew what usage wise men expect from their Government, being once establisht how rigid and austere some thinke they will prove, countenancing no recreations but what themselves are addicted to: how covetous others deem them, observing that they have more regard to the Benefice then the people, and doe usually change and shift upon proffer of a better Parsonage. Some say that they are a people sicke of the Pharises disease, they love to sit upermost at feasts, & to be reverenced in publike places, that their respects towards men are as they are rich and beneficiall to them, and that a pore man can hardly obtaine a visite, though at the time when the world conceives there is greatest necessity of it: that they hover about dying men for their Fee, and hope of Legacy, & many other things are commonly talked of them, which because I suspect to be true I will set myself hereafter more narrowly to observe.

The Objection wereupon all this (I hope) necessary digression is built, was that men may be compelled (though against conscience) to what the Synod or present Ministery shall conclude to be good, and agreable to Gods Word, because unity and uniformity in the Church is to be endeavoured. To which I further

Ans. Answer, That to force men against their mind and judgment, to beleeive what other men conclude to be true, would prove such tyranny as the wicked Procrustes (mentioned by Plutarch) practised, who would fit all men to one Bed, by stretching them out that were too short, and by cutting them shorter that were too long. If we beleive as the Synod would have us, what is this but to be brought into their miserable condition that must beleive as the Church beleives, and so become, as said an honest man, not the Disciples of Christ, but of the Synod?

3. Reas. The third Reason for Liberty of Conscience is grounded upon these foundations, that whatsoever is not of faith is sin, and that every man ought to be fully perswaded of the truenesse of that way wherein he serveth the Lord: upon which grounds I thus argue, To compell me against my conscience, is to compell me against what I beleive to be true, and so against my faith; now whatsoever is not of faith is sin; To compell me therefore against my conscience, is to compell me to doe that which is sinfull: for though the thing may be in it selfe good, yet if it doe not appeare to be so to my conscience, the practice thereof in me is sinfull, which therefore I ought not to be compelled unto.

Againe I am counselled by the Apostle to be perswaded in my owne mind of the truth of that way wherin I serve the Lord; I am not therefore to be compelled to worship God in such a way, of the justnesse whereof I am not yet perswaded, much lesse in such a way as is against my mind.

Ob. Nothing is more dangerous to a State, espeacially in these times, than division and disturbance by severall wayes of Brethren which have encreased our miseries, and therefore to avoyde division they who wil not of their own accords comply, are for the quiet of the state to be compelled and punished.

Ans. I Answer, that it is verily thought that the harshnesse only of this proposition hinders that it is not yet put in execution, till time & cunning have fitted it for the people; for we are told in the last consideration tending to diswade from further gathering of Churches, that suffering is like to be the portion of such as shall judge the right rule not to be delivered to them. A man would thinke that those people that so lately were the sufferers, the noyse of whose exclamations against such courses, is scarce yet out of the peoples cares, that they should not so soone thinke of being the Tyrants. But to the Objection I answer, that the diversity of mens judgments is not the occasion of division, because the word division hath reference to a falling off from the Common cause. Now, though the provocations and incitements, against the Brownists, and Anabaptists and some of the Independents have beene many, yet their affections to the Publike weale are so hearty in them, and grounded upon such sound principles of reason, that no assay of the Synod can make them cease to love and assist their Countrey; and it is more then evident by the prosperity of our neighbours in Holland, that the severall wayes of our brethren in matters of Religion hinder not, but that they may live peaceably one amongst an other, and the Spaniard will witnesse for them that they unite sufficiently in the defence of their common liberties and opposition of their common enemies: Besides, its very materiall to consider, that it hath ever been the practice of those that are countenanced by Authority to endeavor the suppresion of those that are not: who is therefore in the fault? the quiet Separatist, who being perswaded in his conscience of the truth of that way he desires to serve the Lord in, peeceably goes on to do his duty as he thinkes himselfe bound to doe, or they who out of a lordly disposition care not what injury they doe to others, though to the hazard of the Common-wealth, to advance themselves and their government, they defame the Separation in their writings and Sermons, bid their proselites beware of them, as of a dangerous and factious people, stoppe their mouthes, keep the Presse from them, provoake them by all wayes possible, and then like the crafty Politian cry out upon them as the causers of division.

I heare some men say, that it concernes the Minister so to doe, because his living (depending upon his tythes and guifts) is the greater, the more rich and numerous his audience is; and therefore the Separatists are not to be suffered, who they find by experience draw many people after them, and though not the devout honourable women, nor the cheife men of the City, yet many whose number might much encrease the yearly revennue of the Minister, and therefore you must thinke it has concerned them to meet together, and to say amongst themselves, Sirs, you know that by this our craft we have our wealth: moreover ye se & hear, that not alone at London, but in most parts of the Kingdom these Separatists have perswaded & turned away much people, saying that our Ministry is no true Ministry, our Church, no true Church, our Doctrine in many things erronious, that our succession from the Apostles is but a pretended thing, & as we our selves do derive it descended for many 100. yeares through the detestable Papacy & Romish Ministry, so that if these men be suffered our game, and the magnificence of the Ministery, wich not England only, but all Christendome doth highly magnifie and reverence, would quickly downe:

For what other reason then this can be imagined, why the Separation should bee the eye-sore of our Ministers? It cannot be instanced in one particular whereby the Common-wealth receives prejudice from them: And then for the charge of Separating, for their making a Scisme, which is endeavoured, to be cast so heavily upon them:

I answer, That by reason of the Church of Romes corruptions, the Church of England did long since make a Scisme from the Church of Rome, for which cause likewise many of the present Ministers in lieu of the Antichristian domineering Bishops thought it no robbery to make scisme from England; and even this Idolizing Synod, which though not yet upon her Throne, sticks not to let her clients see she sayes in her heart; Behold I sit a queen, I am no widdow, and shall see no sorrow, Rev. 18.7. May not I say this, Reverend Synod: if to be proceeded against by such carnall sandy principles, such humane ordinances, by which the Separatists stand prejudiced, be legally found, to have made the greatest and most transcendent scisme which England ever knew or heard of, since the Papistrie was discarded; If then the Separation have gon a little further, and not only with the Bishops separated from Rome, with the Ministers from the Bishops but by reason of some corruptions still remaining among the Ministers, are by their consciences necessitated to separate from them likewise: In all these separations there was difference in judgment; the Bishops differ in some things from Rome, our Ministers from the Bishops, and amongst themselves too, which differences by the Scriptures they cannot determine, as appeareth both by their writings and preachings, wherein with much vehemency they urge the same against other; of little force then will the major vote of a Synod be for the determining thereof, having so lately most notoriously discovered themselves to be men-pleasers and temporisers, by crying downe the things which but yesterday they so highly magnified in their Pulpits, and also practised with much devotion (at least seemingly) and having withall their owne interests so much concerned therein (as is before in part declared.) And further, knowing that the same persons themselves, and their Tenets, (as well as the opinions of Independents, Brownists, and Anababtists, whom they oppose) doe stand condemned not by the major vote of divers Synods only, but by many generall Counsells also, (who are accounted to represent the whole Church upon Earth) no whit inferiour to them either in Arts or Learning, or any other qualification: Let it be then no wonder, nor so much as seem blameable hereafter, that the Separatists should differ in some Opinions from this present Synod, since the Ministers therein no little differ amongst them selves, much more than yet appeares, and will do so, while Sun and Moon endures untill we have courage and strength enough to abandon all private interests and advantages.

All times have produced men of severall wayes, and I beleive no man thinkes there will be an agreement of judgement as longe as this World lasts: If ever there be, in all probability it must proceed from the power and efficacie of Truth, not from constraint.

Objection. An assembly of Divines, men that have imployed all their time in the study of Religion, are more likely to find out the truth, then other men, that have not so spent their time; who being now consulting, what Doctrines, and what Discipline is most agreeable to the Word of God, it is but meet that all men should waite their leasure, till it be manifest what they shall produce.

Answ. To this objection I say first, That they being now in consultation, not for themselves, but as they say, for the whole people; it is but reasonable that they should publish to the world whatsoever is in debate amongst them, and invite every man to give them their best light and information, that so they may heare all voyces, and not conclude ought against mens judgments before it be heard what they can say for themselves: This might peradventure be a meanes to find out all truth, and settle things so as that every man might be satisfied. You will say, that they consider of all objections amongst themselves. I reply, that is not sufficient, for ’tis a knowne case men are generally partiall to themselves and their owne judgments, urging the weakest objections, and that but slightly: and it can give no satisfaction to men to have their causes pleaded by their Adversaries.

Secondly, how palpable soever it appeare, that an Assembly of Divines are more likely to find out truth then other men; yet it is to be considered, that it will puzzle any man to instance when they did so. Besides, grant it be more probable, yet it may be otherwise, and ’tis well knowne hath proved so. The Liturgie was by universall consent approved, and by the Parliaments Authority authorised, particular men being for these many yeares averse to it, and separating from the publike Congregations because of it: it now appeares who were in the right. How confident soever therefore the Divines (as they style them selves) are that they shall find out the right rule; yet since it may be, and hitherto hath been otherwise, it is but meet that they should decree only for themselves and such as are of their owne mind, and allow Christian Liberty to all their Brethren to follow that way which shall seem to them most agreable to truth.

Ob. But we are told in the Divines Considerations that all men must wait, otherwise the Parliament are like to be provoaked.

Answ. I marry Sir, this is a good strongue Argument, and speakes home to us: I cannot blame the Separatists now for crying out, they feare your Club more then your Reason. I see what they might expect, if the sword and authority were in your hand, your nine Considerations informes me, wherin are these two suppositions. First, that the right rule may not be delivered us: And secondly, that then men may be called to suffer. It is a wonder to observe the wretched condition of man, and his foule ingratitude: Is it so long since the yoakes were broaken off these mens necks, that they forget the burthen & injustice of them, or that assistance they had from their separatist Brethren in breaking those yoakes, that now so soone as they are got into reputation, they should suppose a time of suffering for their brethren for doing what to them appeares to be their duty! Regard O God, since man is become thus forgetfull, take thy distressed Servants, the Separatists into thine owne protection: Thou O Lord, that are the Judge of all the Earth, put into the hearts of the Parliament to doe right in this cause, and to suffer those afflicted people no longer to endure reproach or molestation for doing of their duties.

Ob. But some may say, I beat the Aire all this while, there is no purpose in the Divines to force the conscience, they are sufficiently informed that, the conscience cannot be forced, being in no wise subject to compulsion, only it concemes them they say to prevent the grouth and encrease of errours, which cannot otherwise be done but by punishing those that are the authors and maintainers of them, that so truth only may flourish, and the Gospell with the Ordinances according to the true institution of them, be maintained and practised by all the people of the Nation.

Answ. I answer, that though it were certaine that what they esteeme truth were so indeed, and that the true Gospell and Ordinances were in every part and circumstance of them that which they judge them to be: however, though they are earnestly to endeavour by argument and perswation to reduce all men to the same beleife and practice with themselves, yet those that cannot be thereunto perswaded, they ought not by any meanes to punish, for the first and third Reasons afore given. But then for the assurance of the Divines that their conclusions and Articles are certainly true, if it be built upon certaine foundations, they need not avoyde the combate with any sort of men of what opinion soever: Truth was not used to feare, or to seeke shifts or stratagems for its advancement! I should rather thinke that they who are assured of her should desire that all mens mouthes should be open, that so errour may discover its foulnes and trueth become more glorious by a victorious conquest after a fight in open field; they shunne the battell that doubt their strength. Wise men are at a stand to see that whilest the Presse was open no man undertooke the Anabaptists, and that now their adversaries have bound their hands they begin to buffet them; what can they doe else but necessarily suspect that our Divines have not the truth, nor by any evidence thereof are able to make good their owne standings or practices. To stop mens mouths or punish men for speaking their mindes, was profitable indeed, and necessarie for the Bishopes who had proposed to themselves such endes as could endure no discourse upon them, and framed such constitutions, ceremonies and doctrines, as must be received without scanning, or else would appeare empty and groundlesse. But that the reforming Clergy, that pretend to have truth in its simplicity, and the Gospell in its purity, and seeme to abominate all by-endes or respects, should yet take the same course of prohibitions with the Bishops, locke up the Presse, and then vent themselves in a furious and (evidently) scandalizing way, as in their late preachings and Pamphlets against the Anabaptists, will make, I beleeve, all wise men suspect that either they doubt their owne tenets, or know some grosse errours amongst themselves, which yet their interests and professions engage them to maintaine. To say they goe not about to compell the conscience, which is uncapable of compulsion, but will only punish the person, is as if they were sportfull in their cruelty, and shewes as if it proceeded from men setled, and long practised in tyranny, I could wish for Christianity sake they had more wisedome then to play with mens afflictions: I professe unto you, did I still dote upon the persons and seeming holynesse of our Ministers (as I have done) such carriage as this I thinke would open mine eyes, and make me see they are not the men they seeme to be, that in so short a time can grow so wanton with their owne estate and preheminence, as to gibe and scoffe at their brethrens miseries. Is it not a shame to our profession, and scandall to our cause, that well affected men, reall, and irreconcileable enemies to tyranny, and our common Adversaries, should be necessitatd to leave their native Country, because they can hope nothing from you, our Divines, but to be imprisoned or punished for exercising their consciences, though by their helpe you should be setled in your liberties, I cannot tell what else to make of this for my part, but that you had rather be slaves to the King, and hazard the freedome of the whole Nation, then that these men should have freedome with you; yee may flatter your selves, that yee are rich in spirituall graces, and presume that you are in the right, and have found out the truth of the Gospell and Ordinances, but so long as yee want the maine evidences thereof. Love and lowlinesse of mind, so long as yee propose dominion and the sway over your Brethren, which our Saviour said his followers should not doe, Matth. 20. 25. 26. Marke 10. 42. you must give men that are unwilling to be deceived leave to thinke that yee have yet but the forme and shew of Religion, but want the inward sweetnesse and most excellent fruites and effects thereof; I could wish I had no occasion for speaking thus much, but when sores begin to fester, they must not be nourished and swathed, but lanc’d and corraciv’d, ’tis no time to hide and excuse mens imperfections, when they strive to take roote for perpetuity. Were it in mine own cause, I could not speak so much, but in behalfe of such a harmelesse people as I have found those of the Separation to be, after much inquiry and examination of their Tenets, and practice, I thinke my selfe bound in conscience to breke silence and become their advocate.

Ob. There is one Objection more against the Anabaptists in particular, and that is, that they allow not of Civill government and therefore not to be tolerated because they hold an opinion directly destructive to the Common-wealth.

Ans. Who saies they hold this opinion? why the Divines commonly in their Pulpits, and what ground have they for their so saying? They find it in bookes that they who have written of them affirme that they maintaine this opinion. But how if the societies of Anabaptists in this Kingdome are most Zealous and rationall defenders of our Government? as to my knowledge they are, and that experience can testifie for them, that noe men have more forwardly and constantly then they assisted the Parliament against those that would disolve our free govemement, and bring in tyranny; how is it true then that the Anabaptists hold such an opinion? O then they tell us that our Anabaptists are no Anabaptists: To what purpose then doe they exclaime against Anabaptists that have been of that opinion? (as they say) (though for my part I beleeve neither them, nor the books that tells them so) when they cannot but know, if they know any thing, that the Anabaptists which now are, be not of that opinion; why for this end and purpose, they resolve to make the Anabaptists odious to the people, and nothing they thinke will sooner doe it, then by making the people beleeve that they are the harbourers of such an opinion as would dissolve all societie, and bring into confusion the state.

Now this they speake of the Anabaptists in generall, knowing that the people will apply it to the Anabaptists in England, concerning whom how true it is you may judge by that which followes.

The Anabaptists opinion concerning Government is, that the world being growne so vitious, and corrupt as it is, there can possibly be no living for honest men without Government: That the end of making Government, is the Peoples quiet and safety, and that whatsoever doth not conduce thereto is tyranny or oppression & not government. That the Government of England is of all others that they know the most excellent, the people by their chosen men, being the makers & reformers therof: That therein the Parliament is the supreme power, and that the King is accountable to them for the not performance of his Office, as all other Officers of the Common-wealth are: That the Parliament only are the makers and alterers of Lawes for the regulation and ordering of the people: That of right they are to be called by those Lawes they have made in that behalfe, and to dissolve when they themselves see good: that it is not at the Kings wil or pleasure to signe or refuse those Bills the Parliament shall passe, but that he is of duty to signe them: That all great Officers and Majestrates of the Kingdome are to be chosen by them: That the King is to have his personall abode neer the Parliament, that they may have free conference with him at pleasure touching the former discharge of his Office, or the present state of the Commonwealth: That to Parliaments alone belong the disposall of Shipping, Forts, Magazines, and all other the Kingdomes strengths, both by Sea & Land: The making of peace & war, the pressing of souldiers, the raising of monie for the preserving or regaining the safety or freedome of the people, which for any other person to doe, is treasonable. These grounds & principles of our government they knowing, could not but see the exorbitances of the King, & whereto al his lawles courses & designes tended, & therefore have not ignorantly (as perhaps others) but upon these grounds assisted the Parliament, and will doe till the last.

Judge by this then whether these men hold an opinion against government, or at what wretchlesse passe those men are that would make the people beleive they doe.

I might insist here upon a Booke called The Confutation of Anabaptists lately set forth, which saies, They are absolute and professed enemies to the essentiall Being of Civill Government, but I find people so little regard the Booke, it being so full of nonsence, and in this particular so evidently contrary to truth, and the experience of every man, that lookes abroad, and knowes any thing of the Anabaptists; that it will be but losse of time to take notice of it, only it were worth observation to see how easily it obtained an Imprimatur, and how open the Presse is to any thing true or false, sence or non-sence, that tends to the Anabaptists scandall or disgrace.

In the beginning of the Parliament a Booke was published, called the History of the Anabaptists in High and Low Germany, the aime whereof was by fastning odious errours and feigned mutenies upon the Anabaptists to deter this present Parliament in their Reformation of Bishops, for feare, as the booke saies, least they who now cry out for Christs rule, strike not so much at the misrule of Episcopacy, as quarrell at all rules, so that what course was taken by the Bishops and their friends to hinder the Reformation of that Hierarchie, namely, the affrighting the Reformers by airy and imaginary consequences, the same are used by our Divines to prevent a through Reformation: of many erroures, and mistakes in our Clergie, which they exceedingly feare, and therefore they have, and doe continue early and late to render the Anabaptists as odious to the people as their wits and inventions can make them. But as the Bishops then failed of their ends by the wisedome of the Parliament; so I trust the present endeavoures of our Divines in striving to raise themselves upon their Brethrens disgrace and ruine, will by the continued courage and prudence of the Parliament prove vaine and fruitlesse.

They who echo the Kings words and take the Bishops course (I will not say have the Kings ends but) so farre doe the Kings worke.

The King, I confesse, has reason to cry out upon the Anabaptists, because he knowes them to be enemies not of Government, but oppression in Government, and all those who intend to oppresse in any manner, ought, if they will be true to themselves to doe so too; for the Anabaptists are oppressions enemies, whoever be the oppressours.

And whereas they say, they find in Bookes, that the Anabaptists are enemies to all Government, it were well if they would consider who wrote those Bookes: it may be they were written either by mistake, or for the same end that they repeate them. We can shew you books too, that say the Parliament are Brownists & Anabaptists; And past all question, if the King should thrive in this unnaturall warre, this Parl. should in their Court Histories, not only be called Anabaptists, but branded also to all posterity with that opinion faisly and maliciously fathered upon the Anabaptists, That they were enemies to Government, and went about to bring all into confusion, little credite therefore is to given to Bookes in matter of obloquie and scandall: but the men, and their judgments in the times they live, are to be considered: And then I am confident it will appeare, that the Anabaptists be of well affected mindes: and peaceable dispositions, meriting a faire respect from the State, and may well challenge amongst others, the quiet enjoyment of themselves as they are men, and the ordinances of Christ as they are Christians.

I will adde one thing more to the Brownists and Anabaptists glory; that in the times of the Bishops domineering, when many of the Presbyterians complyed, some to the very top of Wrens Conformity, and preached for those things they now pretend cheifly to reforme, and the Independants fled to places where they might live at ease, and enjoy their hundred pounds a yeare, without danger; the Brownist and Anabaptist endured the heate and brunt of persecution, and notwithstanding the severall wayes of vexing them, continued doing their duties, counting it the glory of a Christian to endure tribulation for the name of Christ: And the times altering the Presbyterian soon comes about, and the Independant comes over, to be leaders in the Reformation, when forgetting the constancie and integrity of those who bore the heat and burden of the day, they hold the same heavy hand over them, that their fathers the Bishops did. And as the Brownists & Anabaptists affection to the common good of all, was then firme, & able to endure the triall of persecution, so hath it in these present searching times continued constant & unshaken, notwithstanding the many almost unsufferable Injuries & provocations of the Divines on the one side, & the faire promises & frequent invitations of the King on the other; so that had any ends of their owne beene aimed at, they could not have continued such resolved & immoveable enemies of Tyranny, & freinds to their country: I beleeve if we would suppose other men to be in their Condition, we could hardly expect the like even & upright carriage from them, amidst so many stormes and temptations surrounding them. I hope all good men will take all that hath been said into consideration, especially the Parliament who I presume are most ingenuous and impartiall of all others and whom it cheifly concernes, they being called and trusted to vindicate and preserve the peoples liberties in generall, and not to enthrall the Consciences, Persons, or Estates of any of them unto a pregmaticall pretended Clergy, whether Episcopall, Presbiteriall, or any other whatsoever. The greatest glory of authority is to protect the distressed; and for those that are Judges in other mens causes to beare themselves as if the afflicted mens cases were their owne; observing that divine rule of our Saviour, Whatsoever yee would that men should doe unto you, even so doe yee to them And if to the Parl. it shall appeare for the reasons given or other better reasons they can suggest to themselves, that it is most unjust, and much more unchristian, that any man should be compelled against his conscience to a way he approves not of, I doubt not but they will be pleased for Gods glory, and union sake and likewise for these good mens sake, which for the present it principally concernes, at least for their owne sakes (for who knowes how soone this may be his owne case) speedily to stop all proceedings that tends thereunto: and for the future provide, that as well particular or private Congregations, as publike, may have publike protection, so that upon a penalty no injury or offence be offered either to them from others, or by them to others. That all Statutes against the Separatists be reviewed, and repealed, especially that of the 35. of Eliz. That the Presse may be free for any man, that writes nothing scandalous or dangerous to the State. That so this Parliament may prove themselves loving Fathers to all sorts of good men, bearing equall respect to all, according to the trust reposed in them, and so inviting an equall affection and assistance from all: that after Ages may report of them, they did all these things, not because of the importunity of the people, or to please a party, but from the reason and justnesse of them, which did more sway with them, than a Petition subscribed with Twenty thousand hands could have done.

FINIS

T.266 John Milton, Of Education (June, 1644).

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T.266 [1644.06] John Milton, Of Education (June, 1644).

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June, 1644

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Editor’s Introduction

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The text can also be found at: The Prose Works of John Milton: With a Biographical Introduction by Rufus Wilmot Griswold. In Two Volumes (Philadelphia: John W. Moore, 1847). Vol. 1: </titles/milton-the-prose-works-of-john-milton-vol-1#lf0233-01_head_044>

Text of Pamphlet

OF EDUCATION.

TO MASTER SAMUEL HARTLIB.

Master Hartlib,—I am long since persuaded, that to say or do aught worth memory and imitation, no purpose or respect should sooner move us than simply the love of God, and of mankind. Nevertheless, to write now the reforming of education, though it be one of the greatest and noblest designs that can be thought on, and for the want whereof this nation perishes; I had not yet at this time been induced, but by your earnest entreaties and serious conjurements; as having my mind for the present half diverted in the pursuance of some other assertions, the knowledge and the use of which cannot but be a great furtherance both to the enlargement of truth, and honest living with much more peace. Nor should the laws of any private friendship have prevailed with me to divide thus, or transpose my former thoughts, but that I see those aims, those actions, which have won you with me the esteem of a person sent hither by some good providence from a far country to be the occasion and incitement of great good to this island. And, as I hear, you have obtained the same repute with men of most approved wisdom, and some of the highest authority among us; not to mention the learned correspondence which you hold in foreign parts, and the extraordinary pains and diligence, which you have used in this matter both here and beyond the seas; either by the definite will of God so ruling, or the peculiar sway of nature, which also is God’s working. Neither can I think that so reputed and so valued as you are, you would to the forfeit Edition: current; Page: [159] of your own discerning ability, impose upon me an unfit and overponderous argument; but that the satisfaction, which you profess to have received from those incidental discourses which we have wandered into, hath pressed and almost constrained you into a persuasion, that what you require from me in this point, I neither ought nor can in conscience defer beyond this time both of so much need at once, and so much opportunity to try what God hath determined. I will not resist therefore whatever it is, either of divine or human obligement, that you lay upon me; but will forthwith set down in writing, as you request me, that voluntary idea, which hath long in silence presented itself to me, of a better education, in extent and comprehension far more large, and yet of time far shorter, and of attainment far more certain, than hath been yet in practice. Brief I shall endeavour to be; for that which I have to say, assuredly this nation hath extreme need should be done sooner than spoken. To tell you therefore what I have benefited herein among old renowned authors, I shall spare; and to search what many modern Januas and Didactics, more than ever I shall read, have projected, my inclination leads me not. But if you can accept of these few observations which have flowered off, and are as it were the burnishing of many studious and contemplative years altogether spent in the search of religious and civil knowledge, and such as pleased you so well in the relating, I here give you them to dispose of.

The end then of learning is to repair the ruins of our first parents by regaining to know God aright, and out of that knowledge to love him, to imitate him, to be like him, as we may the nearest by possessing our souls of true virtue, which being united to the heavenly grace of faith, makes up the highest perfection. But because our understanding cannot in this body found itself but on sensible things, nor arrive so clearly to the knowledge of God and things invisible, as by orderly conning over the visible and inferior creature, the same method is necessarily to be followed in all discreet teaching. And seeing every nation affords not experience and tradition enough for all kind of learning, therefore we are chiefly taught the languages of those people who have at any time been most industrious after wisdom; so that language is but the instrument conveying to us things useful to be known. And though a linguist should pride himself to have all the tongues that Babel cleft the world into, yet if he have not studied the solid things in them as well as the words and lexicons, he were nothing so much to be esteemed a learned man, as any yeoman or tradesman competently wise in his mother dialect only. Hence appear the many mistakes which have made learning generally so unpleasing and so unsuccessful; first, we do amiss to spend seven or eight years merely in scraping together so much miserable Latin and Greek, as might be learned otherwise easily and delightfully in one year. And that which casts our proficiency therein so much behind, is our time lost partly in too oft idle vacancies given both to schools and universities; partly in a preposterous exaction, forcing the empty wits of children to compose themes, verses, and orations, which are the acts of ripest judgment, and the final work of a head filled by long reading and observing, with elegant maxims and copious invention. These are not matters to be wrung from poor striplings, like blood out of the nose, or the plucking of untimely fruit; besides the ill habit which they get of wretched barbarizing against the Latin and Greek idiom, with their untutored Anglicisms, odious to be read, yet not to be avoided without a well-continued and judicious conversing among pure authors digested, which they scarce taste: whereas, if after some preparatory grounds of speech by their certain forms got into memory, they were led to the praxis thereof in Edition: current; Page: [160] some chosen short book lessoned thoroughly to them, they might then forthwith proceed to learn the substance of good things, and arts in due order, which would bring the whole language quickly into their power. This I take to be the most rational and most profitable way of learning languages, and whereby we may best hope to give account to God of our youth spent herein. And for the usual method of teaching arts, I deem it to be an old error of universities, not yet well recovered from the scholastic grossness of barbarous ages, that instead of beginning with arts most easy, (and those be such as are most obvious to the sense,) they present their young unmatriculated novices at first coming with the most intellective abstractions of logic and metaphysics; so that they having but newly left those grammatic flats and shallows where they stuck unreasonably to learn a few words with lamentable construction, and now on the sudden transported under another climate to be tossed and turmoiled with their unballasted wits in fathomless and unquiet deeps of controversy, do for the most part grow into hatred and contempt of learning, mocked and deluded all this while with ragged notions and babblements, while they expected worthy and delightful knowledge; till poverty or youthful years call them importunately their several ways, and hasten them with the sway of friends either to an ambitious and mercenary, or ignorantly zealous divinity; some allured to the trade of law, grounding their purposes not on the prudent and heavenly contemplation of justice and equity, which was never taught them, but on the promising and pleasing thoughts of litigious terms, fat contentions, and flowing fees; others betake them to state affairs, with souls so unprincipled in virtue and true generous breeding, that flattery and courtshifts and tyrannous aphorisms appear to them the highest points of wisdom; instilling their barren hearts with a conscientious slavery; if, as I rather think, it be not feigned. Others, lastly, of a more delicious and airy spirit, retire themselves (knowing no better) to the enjoyments of ease and luxury, living out their days in feast and jollity; which indeed is the wisest and the safest course of all these, unless they were with more integrity undertaken. *And these are the errors, and these are the fruits of mispending our prime youth at the schools and universities as we do, either in learning mere words, or such things chiefly as were better unlearned.

I shall detain you now no longer in the demonstration of what we should not do, but straight conduct you to a hill-side, where I will point you out the right path of a virtuous and noble education; laborious indeed at the first ascent, but else so smooth, so green, so full of goodly prospect, and melodious sounds on every side, that the harp of Orpheus was not more charming. I doubt not but ye shall have more ado to drive our dullest and laziest youth, our stocks and stubs, from the infinite desire of such a happy nurture, than we have now to hale and drag our choicest and hopefullest wits to that asinine feast of sowthistles and brambles, which is commonly set before them as all the food and entertainment of their tenderest and most docible age. I call therefore a complete and generous education, that which fits a man to perform justly, skilfully, and magnanimously all the offices, both private and public, of peace and war. And how all this may be done between twelve and one-and-twenty, less time than is now bestowed in pure trifling at grammar and sophistry, is to be thus ordered.

First, to find out a spacious house and ground about it fit for an academy, and big enough to lodge a hundred and fifty persons, whereof twenty or thereabout may be attendants, all under the government of one, who shall Edition: current; Page: [161] be thought of desert sufficient, and ability either to do all, or wisely to direct and oversee it done. This place should be at once both school and university, not needing a remove to any other house of scholarship, except it be some peculiar college of law, or physic, where they mean to be practitioners; but as for those general studies which take up all our time from Lilly to commencing, as they term it, master of art, it should be absolute. After this pattern, as many edifices may be converted to this use as shall be needful in every city throughout this land, which would tend much to the increase of learning and civility every where. This number, less or more thus collected, to the convenience of a foot company, or interchangeably two troops of cavalry, should divide their day’s work into three parts as it lies orderly; their studies, their exercise, and their diet.

For their studies; first, they should begin with the chief and necessary rules of some good grammar, either that now used, or any better; and while this is doing, their speech is to be fashioned to a distinct and clear pronunciation, as near as may be to the Italian, especially in the vowels. For we Englishmen being far northerly, do not open our mouths in the cold air wide enough to grace a southern tongue; but are observed by all other nations to speak exceeding close and inward; so that to smatter Latin with an English mouth, is as ill a hearing as law French. Next, to make them expert in the usefullest points of grammar; and withal to season them and win them early to the love of virtue and true labour, ere any flattering seducement or vain principle seize them wandering, some easy and delightful book of education would be read to them; whereof the Greeks have store, as Cebes, Plutarch, and other Socratic discourses. But in Latin we have none of classic authority extant, except the two or three first books of Quintilian, and some select pieces elsewhere. But here the main skill and groundwork will be, to temper them such lectures and explanations upon every opportunity, as may lead and draw them in willing obedience, enflamed with the study of learning, and the admiration of virtue; stirred up with high hopes of living to be brave men, and worthy patriots, dear to God, and famous to all ages. That they may despise and scorn all their childish and ill-taught qualities, to delight in manly and liberal exercises; which he who hath the art and proper eloquence to catch them with, what with mild and effectual persuasions, and what with the intimation of some fear, if need be, but chiefly by his own example, might in a short space gain them to an incredible diligence and courage; infusing into their young breasts such an ingenuous and noble ardor, as would not fail to make many of them renowned and matchless men. At the same time, some other hour of the day, might be taught them the rules of arithmetic, and soon after the elements of geometry, even playing, as the old manner was. After evening repast, till bedtime, their thoughts would be best taken up in the easy grounds of religion, and the story of Scripture. The next step would be to the authors of agriculture, Cato, Varro, and Columella, for the matter is most easy; and if the language be difficult, so much the better, it is not a difficulty above their years. And here will be an occasion of inciting, and enabling them hereafter to improve the tillage of their country, to recover the bad soil, and to remedy the waste that is made of good; for this was one of Hercules’s praises. Ere half these authors be read (which will soon be with plying hard and daily) they cannot choose but be masters of any ordinary prose. So that it will be then seasonable for them to learn in any modern author the use of the globes, and all the maps; first with the old names, and then with the new; or they might be then capable to read any compendious method of natural philosophy. And at the same time might Edition: current; Page: [162] be entering into the Greek tongue, after the same manner as was before prescribed in the Latin; whereby the difficulties of grammar being soon overcome, all the historical physiology of Aristotle and Theophrastus are open before them, and, as I may say, under contribution. The like access will be to Vitruvius, to Seneca’s natural questions, to Mela, Celsus, Pliny, or Solinus. And having thus passed the principles of arithmetic, geometry, astronomy, and geography, with a general compact of physics, they may descend in mathematics to the instrumental science of trigonometry, and from thence to fortification, architecture, enginery, or navigation. And in natural philosophy they may proceed leisurely from the history of meteors, minerals, plants, and living creatures, as far as anatomy. Then also in course might be read to them out of some not tedious writer the institution of physic; that they may know the tempers, the humours, the seasons, and how to manage a crudity; which he who can wisely and timely do, is not only a great physician to himself and to his friends, but also may at some time or other save an army by this frugal and expenseless means only; and not let the healthy and stout bodies of young men rot away under him for want of this discipline; which is a great pity, and no less a shame to the commander. To set forward all these proceedings in nature and mathematics, what hinders but that they may procure, as oft as shall be needful, the helpful experiences of hunters, fowlers, fishermen, shepherds, gardeners, apothecaries; and in the other sciences, architects, engineers, mariners, anatomists; who doubtless would be ready, some for reward, and some to favour such a hopeful seminary. And this will give them such a real tincture of natural knowledge, as they shall never forget, but daily augment with delight. Then also those poets which are now counted most hard, will be both facile and pleasant, Orpheus, Hesiod, Theocritus, Aratus, Nicander, Oppian, Dionysius, and in Latin, Lucretius, Manilius, and the rural part of Virgil.

By this time, years, and good general precepts, will have furnished them more distinctly with that act of reason which in ethics is called Proairesis; that they may with some judgment contemplate upon moral good and evil. Then will be required a special reinforcement of constant and sound indoctrinating to set them right and firm, instructing them more amply in the knowledge of virtue and the hatred of vice; while their young and pliant affections are led through all the moral works of Plato, Xenophon, Cicero, Plutarch, Laertius, and those Locrian remnants; but still to be reduced in their nightward studies wherewith they close the day’s work, under the determinate sentence of David or Solomon, or the evangels and apostolic Scriptures. Being perfect in the knowledge of personal duty, they may then begin the study of œconomics. And either now or before this, they may have easily learned at any odd hour the Italian tongue. And soon after, but with wariness and good antidote, it would be wholesome enough to let them taste some choice comedies, Greek, Latin or Italian; those tragedies also, that treat of household matters, as Trachiniæ, Alcestis, and the like. The next removal must be to the study of politics; to know the beginning, end, and reasons of political societies; that they may not in a dangerous fit of the commonwealth be such poor, shaken, uncertain reeds, of such a tottering conscience, as many of our great counsellors have lately shown themselves, but stedfast pillars of the state. After this, they are to dive into the grounds of law, and legal justice; delivered first and with best warrant by Moses; and as far as human prudence can be trusted, in those extolled remains of Grecian law-givers, Lycurgus, Solon, Zaleucus, Charondas, and thence to all the Roman edicts and tables with their Justinian; and so down to the Saxon and common Edition: current; Page: [163] laws of England, and the statutes. Sundays also and every evening may be now understandingly spent in the highest matters of theology, and church-history ancient and modern; and ere this time the Hebrew tongue at a set hour might have been gained, that the Scriptures may be now read in their own original; whereto it would be no impossibility to add the Chaldee, and the Syrian dialect. When all these employments are well conquered, then will the choice histories, heroic poems, and attic tragedies of stateliest and most regal argument, with all the famous political orations, offer themselves; which if they were not only read, but some of them got by memory, and solemnly pronounced with right accent and grace, as might be taught, would endue them even with the spirit and vigour of Demosthenes or Cicero, Euripides or Sophocles. And now lastly will be the time to read them with those organic arts, which enable men to discourse and write perspicuously, elegantly, and according to the fitted style of lofty, mean, or lowly. Logic, therefore, so much as is useful, is to be referred to this due place with all her well-couched heads and topics, until it be time to open her contracted palm into a graceful and ornate rhetoric taught out of the rule of Plato, Aristotle, Phalereus, Cicero, Hermogenes, Longinus. To which poetry would be made subsequent, or indeed rather precedent, as being less subtile and fine, but more simple, sensuous, and passionate. I mean not here the prosody of a verse, which they could not but have hit on before among the rudiments of grammar; but that sublime art which in Aristotle’s poetics, in Horace, and the Italian commentaries of Castlevetro, Tasso, Mazzoni, and others, teaches what the laws are of a true epic poem, what of a dramatic, what of a lyric, what decorum is, which is the grand masterpiece to observe. This would make them soon perceive what despicable creatures our common rhymers and play-writers be; and show them what religious, what glorious and magnificent use might be made of poetry, both in divine and human things. From hence, and not till now, will be the right season of forming them to be able writers and composers in every excellent matter, when they shall be thus fraught with an universal insight into things. Or whether they be to speak in parliament or council, honour and attention would be waiting on their lips. There would then also appear in pulpits other visages, other gestures, and stuff otherwise wrought than what we now sit under, ofttimes to as great a trial of our patience as any other that they preach to us. These are the studies wherein our noble and our gentle youth ought to bestow their time in a disciplinary way from twelve to one-and-twenty; unless they rely more upon their ancestors dead than upon themselves living. In which methodical course it is so supposed they must proceed by the steady pace of learning onward, as at convenient times, for memory’s sake, to retire back into the middle ward, and sometimes into the rear of what they have been taught, until they have confirmed and solidly united the whole body of their perfected knowledge, like the last embattling of a Roman legion. Now will be worth the seeing, what exercises and recreations may best agree, and become these studies.

THEIR EXERCISE.

The course of study hitherto briefly described is, what I can guess by reading, likest to those ancient and famous schools of Pythagoras, Plato, Isocrates, Aristotle, and such others, out of which were bred such a number of renowned philosophers, orators, historians, poets, and princes all Edition: current; Page: [164] over Greece, Italy, and Asia, besides the flourishing studies of Cyrene and Alexandria. But herein it shall exceed them, and supply a defect as great as that which Plato noted in the commonwealth of Sparta; whereas that city trained up their youth most for war, and these in their academies and Lycæum all for the gown, this institution of breeding which I here delineate shall be equally good both for peace and war. Therefore about an hour and a half ere they eat at noon should be allowed them for exercise, and due rest afterwards; but the time for this may be enlarged at pleasure, according as their rising in the morning shall be early. The exercise which I commend first, is the exact use of their weapon, to guard, and to strike safely with edge or point; this will keep them healthy, nimble, strong, and well in breath, is also the likeliest means to make them grow large and tall, and to inspire them with a gallant and fearless courage, which being tempered with seasonable lectures and precepts to them of true fortitude and patience, will turn into a native and heroic valour, and make them hate the cowardice of doing wrong. They must be also practised in all the locks and gripes of wrestling, wherein Englishmen were wont to excel, as need may often be in fight to tug, to grapple, and to close. And this perhaps will be enough, wherein to prove and heat their single strength. The interim of unsweating themselves regularly, and convenient rest before meat, may both with profit and delight be taken up in recreating and composing their travailed spirits with the solemn and divine harmonies of music heard or learned; either whilst the skilful organist plies his grave and fancied descant in lofty fugues, or the whole symphony with artful and unimaginable touches adorn and grace the well-studied chords of some choice composer; sometimes the lute or soft organ stop waiting on elegant voices, either to religious, martial, or civil ditties; which, if wise men and prophets be not extremely out, have a great power over dispositions and manners, to smooth and make them gentle from rustic harshness and distempered passions. The like also would not be unexpedient after meat, to assist and cherish nature in her first concoction, and send their minds back to study in good tune and satisfaction. Where having followed it close under vigilant eyes, till about two hours before supper, they are by a sudden alarum or watchword, to be called out to their military motions, under sky or covert, according to the season, as was the Roman wont; first on foot, then as their age permits, on horseback, to all the art of cavalry; that having in sport, but with much exactness and daily muster, served out the rudiments of their soldiership, in all the skill of embattling, marching, encamping, fortifying, besieging, and battering with all the helps of ancient and modern stratagems, tactics, and warlike maxims, they may as it were out of a long war come forth renowned and perfect commanders in the service of their country. They would not then, if they were trusted with fair and hopeful armies, suffer them for want of just and wise discipline to shed away from about them like sick feathers, though they be never so oft supplied; they would not suffer their empty and unrecruitable colonels of twenty men in a company, to quaff out, or convey into secret hoards, the wages of a delusive list, and a miserable remnant; yet in the mean while to be overmastered with a score or two of drunkards, the only soldiery left about them, or else to comply with all rapines and violences. No certainly, if they knew aught of that knowledge that belongs to good men or good governors, they would not suffer these things. But to return to our own institute; besides these constant exercises at home, there is another opportunity of gaining experience to be won from pleasure itself abroad; in those vernal seasons of the year when the air is calm and pleasant, Edition: current; Page: [165] it were an injury and sullenness against nature, not to go out and see her riches, and partake in her rejoicing with heaven and earth. I should not therefore be a persuader to them of studying much then, after two or three years that they have well laid their grounds, but to ride out in companies with prudent and staid guides to all the quarters of the land; learning and observing all places of strength, all commodities of building and of soil, for towns and tillage, harbours and ports for trade. Sometimes taking sea as far as to our navy, to learn there also what they can in the practical knowledge of sailing and of sea-fight. These ways would try all their peculiar gifts of nature, and if there were any secret excellence among them would fetch it out, and give it fair opportunities to advance itself by, which could not but mightily redound to the good of this nation, and bring into fashion again those old admired virtues and excellencies with far more advantage now in this purity of Christian knowledge. Nor shall we then need the monsieurs of Paris to take our hopeful youth into their slight and prodigal custodies, and send them over back again transformed into mimics, apes, and kickshows. But if they desire to see other countries at three or four and twenty years of age, not to learn principles, but to enlarge experience, and make wise observation, they will by that time be such as shall deserve the regard and honour of all men where they pass, and the society and friendship of those in all places who are best and most eminent. And perhaps, then other nations will be glad to visit us for their breeding, or else to imitate us in their own country.

Now lastly for their diet there cannot be much to say, save only that it would be best in the same house; for much time else would be lost abroad, and many ill habits got; and that it should be plain, healthful, and moderate, I suppose is out of controversy. Thus, Mr. Hartlib, you have a general view in writing, as your desire was, of that, which at several times I had discoursed with you concerning the best and noblest way of education; not beginning as some have done from the cradle, which yet might be worth many considerations, if brevity had not been my scope; many other circumstances also I could have mentioned, but this, to such as have the worth in them to make trial, for light and direction may be enough. Only I believe that this is not a bow for every man to shoot in, that counts himself a teacher; but will require sinews almost equal to those which Homer gave Ulysses; yet I am withal persuaded that it may prove much more easy in the assay, than it now seems at distance, and much more illustrious; howbeit, not more difficult than I imagine, and that imagination presents me with nothing but very happy, and very possible according to best wishes; if God have so decreed, and this age have spirit and capacity enough to apprehend.


T.267 John Milton, The Judgement of Martin Bucer Concerning Divorce (July, 1644).

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T.267 [1644.07] John Milton, The Judgement of Martin Bucer Concerning Divorce (July, 1644).

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July, 1644.

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The text can also be found in The Prose Works of John Milton: With a Biographical Introduction by Rufus Wilmot Griswold. In Two Volumes (Philadelphia: John W. Moore, 1847). Vol. 1: </titles/milton-the-prose-works-of-john-milton-vol-1#lf0233-01_head_091>

Text of Pamphlet

THE JUDGMENT OF MARTIN BUCER CONCERNING DIVORCE.

TO THE PARLIAMENT OF ENGLAND.

John iii. 10. “Art thou a teacher of Israel, and knowest not these things?”

PUBLISHED BY AUTHORITY.

TESTIMONIES OF THE HIGH APPROBATION WHICH LEARNED MEN HAVE GIVEN OF MARTIN BUCER.

Simon Grinæus, 1533.

Among all the Germans, I give the palm to Bucer, for excellence in the Scriptures. Melancthon in human learning is wondrous fluent; but greater knowledge in the Scripture I attribute to Bucer, and speak it unfeignedly.

John Calvin, 1539.

Martin Bucer, a most faithful doctor of the church of Christ, besides his rare learning, and copious knowledge of many things, besides his clearness of wit, much reading, and other many and various virtues, wherein he is almost by none now living excelled, hath few equals, and excels most; Edition: current; Page: [257] hath this praise peculiar to himself, that none in this age hath used exacter diligence in the exposition of Scripture.

And a little beneath.

Bucer is more large than to be read by overbusied men, and too high to be easily understood by unattentive men, and of a low capacity.

Sir John Cheek, Tutor to King Edward VI.—1551.

We have lost our master, than whom the world scarce held a greater, whether we consider his knowledge of true religion, or his integrity and innocence of life, or his incessant study of holy things, or his matchless labour of promoting piety, or his authority and amplitude of teaching, or whatever else was praise-worthy and glorious in him. Script. Anglican. pag. 864.

John Sturmius of Strasburgh.

No man can be ignorant what a great and constant opinion and estimation of Bucer there is in Italy, France, and England. Whence the saying of Quintilian hath oft come to my mind, that he hath well profited in eloquence whom Cicero pleases. The same say I of Bucer, that he hath made no small progress in divinity, whom Bucer pleases; for in his volumes, which he wrote very many, there is the plain impression to be discerned of many great virtues, of diligence, of charity, of truth, of acuteness, of judgment, of learning. Wherein he hath a certain proper kind of writing, whereby he doth not only teach the reader, but affects him with the sweetness of his sentences, and with the manner of his arguing, which is so teaching, and so logical, that it may be perceived how learnedly he separates probable reasons from necessary, how forcibly he confirms what he has to prove, how subtilely he refutes, not with sharpness but with truth.

Theodore Beza, on the Portraiture of M. Bucer.

This is that countenance of Bucer, the mirror of mildness tempered with gravity; to whom the city of Strasburgh owes the reformation of her church. Whose singular learning, and eminent zeal, joined with excellent wisdom, both his learned books and public disputations in the general diets of the empire shall witness to all ages. Him the German persecution drove into England; where, honourably entertained by Edward the VIth, he was for two years chief professor of divinity in Cambridge, with greatest frequency and applause of all learned and pious men until his death, 1551. Bezæ Icones.

Mr. Fox’s Book of Martyrs, Vol. iii. p. 763.

Bucer, what by writing, but chiefly by reading and preaching openly, wherein, being painful in the word of God, he never spared himself, nor regarded health, brought all men into such an admiration of him, that neither his friends could sufficiently praise him, nor his enemies in any point find fault with his singular life and sincere doctrine. A most certain token whereof may be his sumptuous burial at Cambridge, solemnized with so great an assistance of all the university, that it was not possible to devise more to the setting out and amplifying of the same.

Dr. Pern, the Popish Vice-chancellor of Cambridge, his adversary.

Cardinal Pool, about the fourth year of Queen Mary, intending to reduce the university of Cambridge to popery again, thought no way so effectual, as to cause the bones of Martin Bucer and Paulus Fagius, which had been Edition: current; Page: [258] four years in the grave, to be taken up and burnt openly with their books, as knowing that those two worthy men had been of greatest moment to the reformation of that place from popery, and had left such powerful seeds of their doctrine behind them, as would never die, unless the men themselves were digged up, and openly condemned for heretics by the university itself. This was put in execution, and Doctor Pern, vice-chancellor, appointed to preach against Bucer: who, among other things, laid to his charge the opinions which he held of the marriage of priests, of divorcement, and of usury. But immediately after his sermon, or somewhat before, as the Book of Martyrs for a truth relates, vol. iii. p. 770, the said Doctor Pern smiting himself on the breast, and in manner weeping, wished with all his heart, that God would grant his soul might then presently depart, and remain with Bucer’s; for he knew his life was such, that if any man’s soul were worthy of heaven, he thought Bucer’s in special to be most worthy. Histor. de Combust. Buceri et Fagii.

Acworth, the University-orator.

Soon after that Queen Elizabeth came to the crown, this condemnation of Bucer and Fagius by the cardinal and his doctors was solemnly repealed by the university; and the memory of those two famous men celebrated in an oration by Acworth, the University-orator, which is yet extant in the Book of Martyrs, vol. iii. p. 773, and in Latin, Scripta Anglican. p. 936.

Nicholas Carre, a learned man; Walter Haddon, master of the requests to Queen Elizabeth; Matthew Parker, afterwards primate of England; with other eminent men, in their funeral orations and sermons, express abundantly how great a man Martin Bucer was; what an incredible loss England sustained in his death; and that with him died the hope of a perfect reformation for that age. Ibid.

Jacobus Verheiden of Grave, in his eulogies of famous divines.

Though the name of Martin Luther be famous, yet thou, Martin Bucer, for piety, learning, labour, care, vigilance, and writing, are not to be held inferior to Luther. Bucer was a singular instrument of God, so was Luther. By the death of this most learned and most faithful man, the church of Christ sustained a heavy loss, as Calvin witnesseth; and they who are studious of Calvin are not ignorant how much he ascribes to Bucer; for thus he writes in a letter to Viretus: “What a manifold loss befel the church of God in the death of Bucer, as oft as I call to mind, I feel my heart almost rent asunder.”

Peter Martyr Epist. to Conradus Hubertus.

He is dead, who hath overcome in many battles of the Lord. God lent us for a time this our father, and our teacher, never enough praised. Death hath divided me from a most unanimous friend, one truly according to mine own heart. My mind is overpressed with grief, insomuch that I have not power to write more. I bid thee in Christ farewell, and wish thou mayst be able to bear the loss of Bucer better than I can bear it.

Testimonies given by learned men to Paulus Fagius, who held the same opinion with Martin Bucer concerning divorce.

Paulus Fagius, born in the Palatinate, became most skilful in the Hebrew tongue. Being called to the ministry at Isna, he published many ancient and profitable Hebrew books, being aided in the expenses by a senator of that city, as Origen sometime was by a certain rich man called Edition: current; Page: [259] Ambrosius. At length invited to Strasburgh, he there famously discharged the office of a teacher; until the same persecution drove him and Bucer into England, where he was preferred to a professor’s place in Cambridge, and soon after died. Bezæ Icones.

Melchior Adamus writes his life among the famous German divines.

Sleidan and Huanus mention him with honour in their history: and Verheiden in his eulogies.

TO THE PARLIAMENT.

The Book which, among other great and high points of reformation, contains as a principal part thereof, this treatise here presented, supreme court of parliament! was, by the famous author Martin Bucer, dedicated to Edward the VI.: whose incomparable youth doubtless had brought forth to the church of England such a glorious manhood, had his life reached it, as would have left in the affairs of religion nothing without an excellent pattern for us now to follow. But since the secret purpose of divine appointment hath reserved no less perhaps than the just half of such a sacred work to be accomplished in this age, and principally, as we trust, by your successful wisdom and authority, religious lords and commons! what wonder if I seek no other, to whose exactest judgment and review I may commend these last and worthiest labours of this renowned teacher; whom living all the pious nobility of those reforming times, your truest and bestimitated ancestors, reverenced and admired. Nor was he wanting to a recompense as great as was himself; when both at many times before, and especially among his last sighs and prayers, testifying his dear and fatherly affection to the church and realm of England, he sincerely wished in the hearing of many devout men, “that what he had in his last book written to King Edward concerning discipline might have place in this kingdom. His hope was then, that no calamity, no confusion, or deformity would happen to the commonwealth; but otherwise he feared, lest in the midst of all this ardency to know God, yet by the neglect of discipline, our good endeavours would not succeed.”* These remarkable words of so godly and so eminent a man at his death, as they are related by a sufficient and well-known witness, who heard them, and inserted by Thuanus into his grave and serious history; so ought they to be chiefly considered by that nation, for whose sake they were uttered, and more especially by that general council, which represents the body of that nation. If therefore the book, or this part thereof, for necessary causes be now revived and recommended to the use of this undisciplined age; it hence appears, that these reasons have not erred in the choice of a fit patronage for a discourse of such importance. But why the whole tractate is not here brought entire, but this matter of divorcement selected in particular, to prevent the full speed of some misinterpreter, I hasten to disclose. First, it will be soon manifest to them who know what wise men should know, that the constitution and reformation of a commonwealth, if Ezra and Nehemiah did not misreform, is like a building, to begin orderly from the foundation thereof, which is marriage and the family, to set right first whatever is amiss therein. How can there else grow up a race of warrantable men, while the house and home that breeds them is troubled and disquieted under a bondage Edition: current; Page: [260] not of God’s constraining, with a natureless constraint, (if his most righteous judgments may be our rule,) but laid upon us imperiously in the worst and weakest ages of knowledge, by a canonical tyranny of stupid and malicious monks? who having rashly vowed themselves to a single life, which they could not undergo, invented new fetters to throw on matrimony, that the world thereby waxing more dissolute, they also in a general looseness might sin with more favour. Next, there being yet among many such a strange iniquity and perverseness against all necessary divorce, while they will needs expound the words of our Saviour, not duly by comparing other places, as they must do in the resolving of a hundred other scriptures, but by persisting deafly in the abrupt and papistical way of a literal apprehension against the direct analogy of sense, reason, law, and gospel; it therefore may well seem more than time, to apply the sound and holy persuasions of this apostolic man to that part in us, which is not yet fully dispossessed of an error as absurd, as most that we deplore in our blindest adversaries; and to let his authority and unanswerable reasons be vulgarly known, that either his name, or the force of his doctrine, may work a wholesome effect. Lastly, I find it clear to be the author’s intention, that this point of divorcement should be held and received as a most necessary and prime part of discipline in every Christian government. And therefore having reduced his model of reformation to fourteen heads, he bestows almost as much time about this one point of divorce, as about all the rest; which also was the judgment of his heirs and learned friends in Germany, best acquainted with his meaning; who first published this his book by Oporinus at Basil, (a city for learning and constancy in the true faith honourable among the first,) added a special note in the title, “that there the reader should find the doctrine of divorce handled so solidly, and so fully, as scarce the like in any writer of that age:” and with this particular commendation they doubted not to dedicate the book, as a most profitable and exquisite discourse, to Christian the IIId, a worthy and pious king of Denmark, as the author himself had done before to our Edward the VIth. Yet did not Bucer in that volume only declare what his constant opinion was herein, but also in his comment upon Matthew, written at Strasburgh divers years before, he treats distinctly and copiously the same argument in three several places; touches it also upon the 7th to the Romans, and promises the same solution more largely upon the first to the Corinthians, omitting no occasion to weed out this last and deepest mischief of the canon law, sown into the opinions of modern men, against the laws and practice both of God’s chosen people, and the best primitive times. Wherein his faithfulness and powerful evidence prevailed so far with all the church of Strasburgh, that they published this doctrine of divorce as an article of their confession, after they had taught so eight and twenty years, through all those times, when that city flourished, and excelled most, both in religion, learning, and government, under those first restorers of the gospel there, Zelius, Hedio, Capito, Fagius, and those who incomparably then governed the commonwealth, Ferrerus and Sturmius. If therefore God in the former age found out a servant, and by whom he had converted and reformed many a city, by him thought good to restore the most needful doctrine of divorce from rigorous and harmful mistakes on the right hand; it can be no strange thing, if in this age he stir up by whatsoever means whom it pleases him, to take in hand and maintain the same assertion. Certainly if it be in man’s discerning to sever providence from chance, I could allege many instances, wherein there would appear cause to esteem of me no other than a passive instrument under some power and Edition: current; Page: [261] counsel higher and better than can be human, working to a general good in the whole course of this matter. For that I owe no light or leading received from any man in the discovery of this truth, what time I first undertook it in “the Doctrine and Discipline of Divorce,” and had only the infallible grounds of Scripture to be my guide, He who tries the inmost heart, and saw with what severe industry and examination of myself I set down every period, will be my witness. When I had almost finished the first edition, I chanced to read in the notes of Hugo Grotius upon the 5th of Matthew, whom I straight understood inclining to reasonable terms in this controversy: and something he whispered rather than disputed about the law of charity, and the true end of wedlock. Glad therefore of such an able assistant, however at much distance, I resolved at length to put off into this wild and calumnious world. For God, it seems, intended to prove me, whether I durst alone take up a rightful cause against a world of disesteem, and found I durst. My name I did not publish, as not willing it should sway the reader either for me or against me. But when I was told that the style, which what it ails to be so soon distinguishable I cannot tell, was known by most men, and that some of the clergy began to inveigh and exclaim on what I was credibly informed they had not read; I took it then for my proper season, both to show them a name that could easily contemn such an indiscreet kind of censure, and to reinforce the question with a more accurate diligence: that if any of them would be so good as to leave railing, and to let us hear so much of his learning and Christian wisdom, as will be strictly demanded of him in his answering to this problem, care was had he should not spend his preparations against a nameless pamphlet. By this time I had learned that Paulus Fagius, one of the chief divines in Germany, sent for by Frederic the Palatine, to reform his dominion, and after that invited hither in King Edward’s days, to be a professor of divinity in Cambridge, was of the same opinion touching divorce, which these men so lavishly traduced in me. What I found, I inserted where fittest place was, thinking sure they would respect so grave an author, at least to the moderating of their odious inferences. And having now perfected a second edition, I referred the judging thereof to your high and impartial sentence, honoured lords and commons! For I was confident, if any thing generous, any thing noble, and above the multitude, were left yet in the spirit of England; it could be no where sooner found, and no where sooner understood, than in that house of justice and true liberty, where ye sit in council. Nor doth the event hitherto, for some reasons which I shall not here deliver, fail me of what I conceived so highly. Nevertheless, being far otherwise dealt with by some, of whose profession and supposed knowledge I had better hope, and esteemed the deviser of a new and pernicious paradox; I felt no difference within me from that peace and firmness of mind, which is of nearest kin to patience and contentment: both for that I knew I had divulged a truth linked inseparably with the most fundamental rules of Christianity, to stand or fall together, and was not uninformed, that divers learned and judicious men testified their daily approbation of the book. Yet at length it hath pleased God, who had already given me satisfaction in myself, to afford me now a means whereby I may be fully justified also in the eyes of men.

When the book had been now the second time set forth well-nigh three months, as I best remember, I then first came to hear that Martin Bucer had written much concerning divorce: whom, earnestly turning over, I soon perceived, but not without amazement, in the same opinion, confirmed with the same reasons which in that published book, without the help or imitation Edition: current; Page: [262] of any precedent writer, I had laboured out, and laid together. Not but that there is some difference in the handling, in the order, and the number of arguments, but still agreeing in the same conclusion. So as I may justly gratulate mine own mind with due acknowledgment of assistance from above, which led me, not as a learner, but as a collateral teacher, to a sympathy of judgment with no less a man than Martin Bucer. And he, if our things here below arrive him where he is, does not repent him to see that point of knowledge, which he first and with an unchecked freedom preached to those more knowing times of England, now found so necessary, though what he admonished were lost out of our memory; yet that God doth now again create the same doctrine in another unwritten table, and raises it up immediately out of his pure oracle to the convincement of a perverse age, eager in the reformation of names and ceremonies, but in realities as traditional and as ignorant as their forefathers. I would ask now the foremost of my profound accusers, whether they dare affirm that to be licentious, new, and dangerous, which Martin Bucer so often and so urgently avouched to be most lawful, most necessary, and most Christian, without the least blemish to his good name, among all the worthy men of that age, and since, who testify so highly of him? If they dare, they must then set up an arrogance of their own against all those churches and saints who honoured him without this exception: if they dare not, how can they now make that licentious doctrine in another, which was never blamed or confuted in Bucer, or in Fagius? The truth is, there will be due to them for this their unadvised rashness the best donative that can be given them; I mean, a round reproof; now that where they thought to be most magisterial, they have displayed their own want, both of reading, and of judgment. First, to be so unacquainted in the writings of Bucer, which are so obvious and so useful in their own faculty; next, to be so caught in a prejudicating weakness, as to condemn that for lewd, which (whether they knew or not) these elect servants of Christ commended for lawful; and for new that which was taught by these almost the first and greatest authors of reformation, who were never taxed for so teaching; and dedicated without scruple to a royal pair of the first reforming kings in Christendom, and confessed in the public confession of a most orthodoxical church and state in Germany. This is also another fault which I must tell them; that they have stood now almost this whole year clamouring afar off, while the book hath been twice printed, twice brought up, and never once vouchsafed a friendly conference with the author, who would be glad and thankful to be shown an error, either by private dispute, or public answer, and could retract, as well as wise men before him; might also be worth their gaining, as one who heretofore hath done good service to the church by their own confession. Or if he be obstinate, their confutation would have rendered him without excuse, and reclaimed others of no mean parts, who incline to his opinion.

But now their work is more than doubled; and how they will hold up their heads against the sudden aspect of these two great and reverend saints, whom they have defamed, how they will make good the censuring of that, for a novelty of license, which Bucer constantly taught to be a pure and holy law of Christ’s kingdom, let them advise. For against these my adversaries, who, before the examining of a propounded truth in a fit time of reformation, have had the conscience to oppose naught else but their blind reproaches and surmises, that a single innocence might not be oppressed and overborne by a crew of mouths, for the restoring of a law and doctrine falsely and unlearnedly reputed new and scandalous; God, that I may ever magnify and record this his goodness, hath unexpectedly raised up as it were Edition: current; Page: [263] from the dead more than one famous light of the first reformation, to bear witness with me, and to do me honour in that very thing, wherein these men thought to have blotted me; and hath given them the proof of a capacity, which they despised, running equal, and authentic with some of their chiefest masters unthought of, and in a point of sagest moment. However, if we know at all when to ascribe the occurrences of this life to the work of a special Providence, as nothing is more usual in the talk of good men, what can be more like to a special Providence of God, than in the first reformation of England, that this question of divorce, as a main thing to be restored to just freedom, was written, and seriously commended to Edward the VIth, by a man called from another country to be the instructor of our nation; and now in this present renewing of the church and commonwealth, which we pray may be more lasting, that the same question should be again treated and presented to this parliament, by one enabled to use the same reasons without the least sight or knowledge of what was done before? It were no trespass, lords and commons! though something of less note were attributed to the ordering of a heavenly power; this question therefore of such prime concernment both to Christian and civil welfare, in such an extraordinary manner, not recovered, but plainly twice born to these latter ages, as from a divine hand I tender to your acceptance, and most considerate thoughts. Think not that God raised up in vain a man of greatest authority in the church, to tell a trivial and licentious tale in the ears of that good prince, and to bequeath it as his last will and testament, nay rather as the testament and royal law of Christ, to this nation; or that it should of itself, after so many years, as it were in a new field where it was never sown, grow up again as a vicious plant in the mind of another, who had spoke honestest things to the nation; though he knew not that what his youth then reasoned without a pattern had been heard already, and well allowed from the gravity and worth of Martin Bucer: till meeting with the envy of men ignorant in their own undertaken calling, God directed him to the forgotten writings of this faithful evangelist, to be his defence and warrant against the gross imputation of broaching license. Ye are now in the glorious way to high virtue, and matchless deeds, trusted with a most inestimable trust, the asserting of our just liberties. Ye have a nation that expects now, and from mighty sufferings aspires to be the example of all Christendom to a perfectest reforming. Dare to be as great, as ample, and as eminent in the fair progress of your noble designs, as the full and goodly stature of truth and excellence itself; as unlimited by petty precedents and copies, as your unquestionable calling from Heaven gives ye power to be. What are all our public immunities and privileges worth, and how shall it be judged, that we fight for them with minds worthy to enjoy them, if we suffer ourselves in the mean while not to understand the most important freedom, that God and nature hath given us in the family; which no wise nation ever wanted, till the popery and superstition of some former ages attempted to remove and alter divine and most prudent laws for human and most imprudent canons: whereby good men in the best portion of their lives, and in that ordinance of God which entitles them from the beginning to most just and requisite contentments, are compelled to civil indignities, which by the law of Moses bad men were not compelled to? Be not bound about, and straitened in the spacious wisdom of your free spirits, by the scanty and unadequate and inconsistent principles of such as condemn others for adhering to traditions, and are themselves the prostrate worshippers of custom; and of such a tradition as they can deduce from no antiquity, but from the rudest and thickest barbarism of antichristian times.

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But why do I anticipate the more acceptable and prevailing voice of learned Bucer himself, the pastor of nations? And O that I could set him living before ye in that doctrinal chair, where once the learnedest of England thought it no disparagement to sit at his feet! He would be such a pilot, and such a father to ye, as ye would soon find the difference of his hand and skill upon the helm of reformation. Nor do I forget that faithful associate of his labours, Paulus Fagius; for these their great names and merits, how precious soever, God hath now joined with me necessarily, in the good or evil report of this doctrine, which I leave with you. It was written to a religious king of this land; written earnestly as a main matter wherein this kingdom needed a reform, if it purposed to be the kingdon of Christ: written by him, who if any, since the days of Luther, merits to be counted the apostle of the church: whose unwearied pains and watching for our sakes, as they spent him quickly here among us, so did they, during the shortness of his life, incredibly promote the gospel throughout this realm. The authority, the learning, the godliness of this man consulted with, is able to outbalance all that the lightness of a vulgar opposition can bring to counterpoise. I leave him also as my complete surety and testimonial, if truth be not the best witness to itself, that what I formerly presented to your reading on this subject, was good, and just, and honest, not licentious. Not that I have now more confidence by the addition of these great authors to my party: for what I wrote was not my opinion, but my knowledge; even then when I could trace no footstep in the way I went: nor that I think to win upon your apprehensions with numbers and with names, rather than with reasons; yet certainly the worst of my detractors will not except against so good a bail of my integrity and judgment, as now appears for me. They must else put in the fame of Bucer and of Fagius, as my accomplices and confederates into the same indictment; they must dig up the good name of these prime worthies, (if their names could be ever buried,) they must dig them up and brand them as the papists did their bodies; and those their pure unblamable spirits, which live not only in heaven, but in their writings, they must attaint with new attaintures, which no protestant ever before aspersed them with. Or if perhaps we may obtain to get our appeachment new drawn a writ of error, not of libertinism, that those two principal readers of reformation may not now come to be sued in a bill of license, to the scandal of our church; the brief result will be, that for the error, if their own works be not thought sufficient to defend them, their lives yet, who will be ready, in a fair and Christianly discussive way, to debate and sift this matter to the utmost ounce of learning and religion, in him that shall lay it as an error, either upon Martin Bucer, or any other of his opinion. If this be not enough to qualify my traducers, and that they think it more for the wisdom of their virulence, not to recant the injuries they have bespoke me, I shall not, for much more disturbance than they can bring me, intermit the prosecution of those thoughts, which may render me best serviceable, either to this age, or, if it so happen, to posterity; following the fair path, which your illustrious exploits, honoured lords and commons! against the breast of tyranny have opened; and depending so on your happy successes in the hopes that I have conceived either of myself, or of the nation, as must needs conclude me one who most affectionately wishes and awaits the prosperous issue of your noble and valorous counsels.

John Milton.
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THE JUDGMENT OF MARTIN BUCER TOUCHING DIVORCE:

CHAPTER XV.

The seventh law of the sanctifying and ordering of marriage. That the ordering of marriage belongs to the civil power. That the popes have evaded by fraud and force the ordering of marriage.

Besides these things, Christ our king, and his churches, require from your sacred majesty, that you would take upon you the just care of marriages. For it is unspeakable how many good consciences are hereby entangled, afflicted, and in danger, because there are no just laws, no speedy way constituted according to God’s word, touching this holy society and fountain of mankind. For seeing matrimony is a civil thing, men, that they may rightly contract, inviolably keep, and not without extreme necessity dissolve marriage, are not only to be taught by the doctrine and discipline of the church, but also are to be acquitted, aided, and compelled by laws and judicature of the commonwealth. Which thing pious emperors acknowledging, and therein framing themselves to the law of nations, gave laws both of contracting and preserving, and also where an unhappy need required, of divorcing marriages. As may be seen in the code of Justinian, the 5th book, from the beginning through twenty-four titles. And in the authentic of Justinian the 22d, and some others.

But the Antichrists of Rome, to get the imperial power into their own hands, first by fraudulent persuasion, afterwards by force, drew to themselves the whole authority of determining and judging as well in matrimonial causes, as in most other matters. Therefore it hath been long believed, that the care and government thereof doth not belong to the civil magistrate. Yet where the gospel of Christ is received, the laws of Antichrist should be rejected. If therefore kings and governors take not this care, by the power of law and justice, to provide that marriages be piously contracted, religiously kept, and lawfully dissolved, if need require, who sees not what confusion and trouble is brought upon this holy society; and what a rack is prepared, even for many of the best consciences, while they have no certain laws to follow, no justice to implore, if any intolerable thing happen? And how much it concerns the honour and safety of the commonwealth, that marriages, according to the will of Christ, be made, maintained, and not without just cause dissolved, who understands not? For unless that first and holiest society of man and woman be purely constituted, that household discipline may be upheld by them according to God’s law, how can we expect a race of good men? Let your majesty therefore know, that this is your duty, and in the first place, to reassume to yourself the just ordering of matrimony, and by firm laws to establish and defend the religion of this Edition: current; Page: [266] first and divine society among men, as all wise lawgivers of old, and Christian emperors, have carefully done.

The two next chapters, because they chiefly treat about the degrees of consanguinity and affinity, I omit; only setting down a passage or two concerning the judicial laws of Moses, how fit they be for Christians to imitate rather than any other.

CHAPTER XVII.,

towards the end.

I confess that we, being free in Christ, are not bound to the civil laws of Moses in every circumstance; yet seeing no laws can be more honest, just, and wholesome, than those which God himself gave, who is eternal wisdom and goodness, I see not why Christians, in things which no less appertain to them, ought not to follow the laws of God, rather than of any men. We are not to use circumcision, sacrifice, and those bodily washings prescribed to the Jews; yet by these things we may rightly learn, with what purity and devotion both baptism and the Lord’s supper should be administered and received. How much more is it our duty to observe diligently what the Lord hath commanded, and taught by the examples of his people concerning marriage, whereof we have the use no less than they!

And because this same worthy author hath another passage to this purpose, in his comment upon Matthew, chap. v. 19, I here insert it from p. 46.

Since we have need of civil laws, and the power of punishing, it will be wisest not to contemn those given by Moses; but seriously rather to consider what the meaning of God was in them, what he chiefly required, and how much it might be to the good of every nation, if they would borrow thence their manner of governing the commonwealth; yet freely all things and with the Spirit of Christ. For what Solon, or Plato, or Aristotle, what lawyers or Cæars could make better laws than God? And it is no light argument, that many magistrates at this day do not enough acknowledge the kingdom of Christ, though they would seem most Christian, in that they govern their states by laws so diverse from those of Moses.

The 18th chapter I only mention as determining a thing not here in question, that marriage without consent of parents ought not to be held good; yet with this qualification fit to be known.

That if parents admit not the honest desires of their children, but shall persist to abuse the power they have over them; they are to be mollified by admonitions, entreaties, and persuasions, first of their friends and kindred, next of the church-elders. Whom if still the hard parents refuse to hear, then ought the magistrate to interpose his power: lest any by the evil mind of their parents be detained from marriage longer than is meet, or forced to an unworthy match: in which case the Roman laws also provided. C. de Nupt. l. 11, 13, 26.

CHAPTER XIX.

Whether it may be permitted to revoke the promise of marriage.

Here ariseth another question concerning contracts, when they ought to be unchangeable? for religious emperors decreed, that the contract was not indissoluble, until the spouse were brought home, and the solemnities performed. They thought it a thing unworthy of divine and human equity, and the due consideration of man’s infirmity in deliberating and determining, when space is given to renounce other contracts of much less moment, which are not yet confirmed before the magistrate, to deny that to the most weighty contract of marriage, which requires the greatest care and consultation. Edition: current; Page: [267] Yet lest such a covenant should be broken for no just cause, and to the injury of that person to whom marriage was promised, they decreed a fine, that he who denied marriage to whom he had promised, and for some cause not approved by the judges, should pay the double of that pledge which was given at making sure, or as much as the judge should pronounce might satisfy the damage, or the hinderance of either party. It being most certain, that ofttimes after contract just and honest causes of departing from promise come to be known and found out, it cannot be other than the duty of pious princes, to give men the same liberty of unpromising in these cases, as pious emperors granted: especially where there is only a promise, and not carnal knowledge. And as there is no true marriage between them, who agree not in true consent of mind; so it will be the part of godly magistrates, to procure that no matrimony be among their subjects, but what is knit with love and consent. And though your majesty be not bound to the imperial laws, yet it is the duty of a Christian king, to embrace and follow whatever he knows to be any where piously and justly constituted, and to be honest, just, and well-pleasing to his people. But why in God’s law and the examples of his saints nothing hereof is read, no marvel; seeing his ancient people had power, yea a precept, that whoso could not bend his mind to the true love of his wife, should give her a bill of divorce, and send her from him, though after carnal knowledge and long dwelling together. This is enough to authorize a godly prince in that indulgence which he gives to the changing of a contract; both because it is certainly the invention of Antichrist, that the promise of marriage de præsenti, as they call it, should be indissoluble, and because it should be a prince’s care, that matrimony be so joined, as God ordained; which is, that every one should love his wife with such a love as Adam expressed to Eve: so as we may hope, that they who marry may become one flesh, and one also in the Lord.

CHAPTER XX.

Concerns only the celebration of marriage.

CHAPTER XXI.

The means of preserving marriage holy and pure.

Now since there ought not to be less care, that marriage be religiously kept, than that it be piously and deliberately contracted, it will be meet, that to every church be ordained certain grave and godly men, who may have this care upon them, to observe whether the husband bear himself wisely toward the wife, loving, and inciting her to all piety, and the other duties of this life; and whether the wife be subject to her husband, and study to be truly a meet help to him, as first to all godliness, so to every other use of life. And if they shall find each to other failing of their duty, or the one long absent from the other without just and urgent cause, or giving suspicion of irreligious and impure life, or of living in manifest wickedness, let it be admonished them in time. And if their authority be contemned, let the names of such contemners be brought to the magistrate, who may use punishment to compel such violators of marriage to their duty, that they may abstain from all probable suspicion of transgressing: and if they admit of suspected company, the magistrate is to forbid them; whom they not therein obeying, are to be punished as adulterers, according to the law of Justinian, Authent. 117. For if holy wedlock, the fountain Edition: current; Page: [268] and seminary of good subjects, be not vigilantly preserved from all blots and disturbances, what can be hoped, as I said before, of the springing up of good men, and a right reformation of the commonwealth? We know it is not enough for Christians to abstain from foul deeds, but from the appearance and suspicion thereof.

CHAPTER XXII.

Of lawful divorce, what the ancient churches have thought.

Now we shall speak about that dissolving of matrimony, which may be approved in the sight of God, if any grievous necessity require. In which thing the Roman antichrist have knit many a pernicious entanglement to distressed consciences; for that they might here also exalt themselves above God, as if they would be wiser and chaster than God himself is; for no cause, honest or necessary, will they permit a final divorce: in the mean while, whoredoms and adulteries, and worse things than these, not only tolerating in themselves and others, but cherishing and throwing men headlong into these evils. For although they also disjoin married persons from board and bed, that is, from all conjugal society and communion, and this not only for adultery, but for ill usage, and matrimonial duties denied; yet they forbid those thus parted, to join in wedlock with others: but, as I said before, any dishonest associating they permit. And they pronounce the bond of marriage to remain between those whom they have thus separated. As if the bond of marriage, God so teaching and pronouncing, were not such a league as binds the married couple to all society of life, and communion in divine and human things; and so associated keeps them. Something indeed out of the later fathers they may pretend for this their tyranny, especially out of Austria and some others, who were much taken with a preposterous admiration of single life; yet though these fathers, from the words of Christ not rightly understood, taught that it was unlawful to marry again, while the former wife lived, whatever cause there had been either of desertion or divorce; yet if we mark the custom of the church, and the common judgment which both in their times and afterward prevailed, we shall perceive, that neither these fathers did ever cast out of the church any one for marrying after a divorce, approved by the imperial laws.

Nor only the first Christian emperors, but the latter also, even to Justinian and after him, did grant for certain causes approved by judges, to make a true divorce; which made and confirmed by law, it might be lawful to marry again; which if it could not have been done without displeasing Christ and his church, surely it would not have been granted by Christian emperors, nor had the fathers then winked at those doings in the emperors. Hence ye may see that Jerome also, though zealous of single life more than enough, and such a condemner of second marriage, though after the death of either party, yet, forced by plain equity, defended Fabiola, a noble matron of Rome, who, having refused her husband for just causes, was married to another. For that the sending of a divorce to her husband was not blameworthy, he affirms because the man was heinously vicious; and that if an adulterer’s wife may be discarded, an adulterous husband is not to be kept. But that she married again, while yet her husband was alive; he defends in that the apostle hath said, “It is better to marry than to burn;” and that young widows should marry, for such was Fabiola, and could not remain in widowhood.

But some one will object, that Jerome there adds, “Neither did she Edition: current; Page: [269] know the vigour of the gospel, wherein all cause of marrying is debarred from women, while their husbands live; and again, while she avoided many wounds of Satan, she received one ere she was aware.” But let the equal reader mind also what went before; “Because,” saith he, soon after the beginning, “there is a rock and storm of slanderers opposed before her, I will not praise her converted, unless I first absolve her guilty.” For why does he call them slanderers, who accused Fabiola of marrying again, if he did not judge it a matter of Christian equity and charity, to pass by and pardon that fact, though in his own opinion he held it a fault? And what can this mean, “I will not praise her, unless I first absolve her?” For how could he absolve her, but by proving that Fabiola, neither in rejecting her vicious husband, nor in marrying another, had committed such a sin, as could be justly condemned? Nay, he proves both by evident reason, and clear testimonies of Scripture, that she avoided sin.

This is also hence understood, that Jerome by the vigour of the gospel, meant that height and perfection of our Saviour’s precept, which might be remitted to those that burn; for he adds, “But if she be accused in that she remained not unmarried, I shall confess the fault, so I may relate the necessity.” If then he acknowledged a necessity, as he did, because she was young, and could not live in widowhood, certainly he could not impute her second marriage to her much blame: but when he excuses her out of the word of God, does he not openly declare his thoughts, that the second marriage of Fabiola was permitted her by the Holy Ghost himself, for the necessity which he suffered, and to shun the danger of fornication, though she went somewhat aside from the vigour of the gospel? But if any urge, that Fabiola did public penance for her second marriage, which was not imposed but for great faults; it is answered, she was not enjoined to this penance, but did it of her own accord, “and not till after her second husband’s death.” As in the time of Cyprian, we read that many were wont to do voluntary penance for small faults, which were not liable to excommunication.

CHAPTER XXIII.

That marriage was granted by the ancient fathers, even after the vow of single life.

I omit his testimonies out of Cyprian, Gellasius, Epiphanes, contented only to relate what he thence collects to the present purpose.

Some will say, perhaps, wherefore all this concerning marriage after vow of single life, whenas the question was of marriage after divorce? For this reason, that they whom it so much moves, because some of the fathers thought marriage after any kind of divorce to be condemned of our Saviour, may see that this conclusion follows not. The fathers thought all marriage after divorce, to be forbidden of our Saviour, therefore they thought such marriage was not to be tolerated in a Christian. For the same fathers judged it forbidden to marry after vow; yet such marriages they neither dissolved nor excommunicated: for these words of our Saviour, and of the Holy Ghost, stood in their way; “All cannot receive this saying, but they to whom it is given. Every one hath his proper gift from God, one after this manner, another after that. It is better to marry than to burn. I will that younger widows marry;” and the like.

So there are many canons and laws extant, whereby priests, if they married, were removed from their office; yet is it not read that their marriage was dissolved, as the papists now-a-days do, or that they were excommunicated, Edition: current; Page: [270] nay, expressly they might communicate as laymen. If the consideration of human infirmity, and those testimonies of divine scripture which grant marriage to every one that wants it, persuaded those fathers to bear themselves so humanely toward them who had married with breach of vow to God, as they believed, and with divorce of that marriage wherein they were in a manner joined to God; who doubts, but that the same fathers held the like humanity was to be afforded to those, who, after divorce and faith broken with men, as they thought, entered into a second marriage? For among such are also found no less weak, and no less burning.

CHAPTER XXIV.

Who of the ancient fathers have granted marriage after divorce.

This is clear both by what hath been said, and by that which Origen relates of certain bishops in his time, Homil. 7, in Matt. “I know some,” saith he, “which are over churches, who, without Scripture, have permitted the wife to marry while her former husband lived. And did this against Scripture, which saith, the wife is bound to her husband so long as he lives; and she shall be called an adulteress, if, her husband living, she take another man; yet did they not permit this without cause, perhaps for the infirmity of such as had not continence, they permitted evil to avoid worse.” Ye see Origen and the doctors of his age, not without all cause, permitted women after divorce to marry, though their former husbands were living; yet writes that they permitted against Scripture. But what cause could they have to do so, unless they thought our Saviour in his precepts of divorce had so forbidden, as willing to remit such perfection to his weaker ones, cast into danger of worse faults?

The same thought Leo, bishop of Rome, Ep. 85, to the African bishops of Mauritania Cæsariensis, wherein complaining of a certain priest, who divorcing his wife, or being divorced by her, as other copies have it, had married another, neither dissolves the matrimony, nor excommunicates him, only unpriests him. The fathers therefore, as we see, did not simply and wholly condemn marriage after divorce.

But as for me, this remitting of our Saviour’s precepts, which these ancients allow to the infirm in marrying after vow and divorce, I can in no ways admit; for whatsoever plainly consents not with the commandment, cannot, I am certain, be permitted, or suffered in any Christian: for heaven and earth shall pass away, but not a tittle from the commandments of God among them who expect life eternal. Let us therefore consider, and weigh the words of our Lord concerning marriage and divorce, which he pronounced both by himself, and by his apostle, and let us compare them with other oracles of God; for whatsoever is contrary to these, I shall not persuade the least tolerating thereof. But if it can be taught to agree with the word of God, yea to be commanded, that most men may have permission given them to divorce and marry again, I must prefer the authority of God’s word before the opinion of fathers and doctors, as they themselves teach.

CHAPTER XXV.

The words of our Lord, and of the Holy Ghost, by the Apostle Paul concerning divorce, are explained. The 1st Axiom, that Christ could not condemn of adultery, that which he once commanded.

But the words of our Lord, and of the Holy Ghost, out of which Austin and some others of the fathers think it concluded, that our Saviour forbids marriage after any divorce, are these; Matt. v. 31, 32, “It hath been Edition: current; Page: [271] said,” &c.: and Matt. xix. 7, “They say unto him, why did Moses then command,” &c.: and Mark x., and Luke xvi., Rom. vii. 1, 2, 3, 1 Cor. vii. 10, 11. Hence therefore they conclude, that all marriage after divorce is called adultery; which to commit, being no ways to be tolerated in any Christian, they think it follows, that second marriage is in no case to be permitted either to the divorcer, or to the divorced.

But that it may be more fully and plainly perceived what force is in this kind of reasoning, it will be the best course, to lay down certain grounds whereof no Christian can doubt the truth. First, it is a wickedness to suspect, that our Saviour branded that for adultery, which himself, in his own law which he came to fulfil, and not to dissolve, did not only permit, but also command; for by him, the only mediator, was the whole law of God given. But that by this law of God marriage was permitted after any divorce, is certain by Deut. xxiv. 1.

CHAPTER XXVI.

That God in his law did not only grant, but also commanded divorce to certain men.

Deut. xxiv. 1, “When a man hath taken a wife,” &c. But in Mal. ii. 15, 16, is read the Lord’s command to put her away whom a man hates, in these words: “Take heed to your spirit, and let none deal injuriously against the wife of his youth. If he hate, let him put away, saith the Lord God of Israel. And he shall hide thy violence with his garment,” that marries her divorced by thee, “saith the Lord of hosts; but take heed to your spirit, and do no injury.” By these testimonies of the divine law, we see, that the Lord did not only permit, but also expressly and earnestly commanded his people, by whom he would that all holiness and faith of marriage covenant should be observed, that he, who could not induce his mind to love his wife with a true conjugal love, might dismiss her, that she might marry to another.

CHAPTER XXVII.

That what the Lord permitted and commanded to his ancient people concerning divorce belongs also to Christians.

Now what the Lord permitted to his first-born people, that certainly he could not forbid to his own among the Gentiles, whom he made coheirs, and into one body with his people; nor could he ever permit, much less command, aught that was not good for them, at least so used as he commanded. For being God, he is not changed as man. Which thing who seriously considers, how can he imagine that God would make that wicked to them that believe, and serve him under grace, which he granted and commanded to them that served him under the law? Whenas the same causes require the same permission. And who that knows but human matters, and loves the truth, will deny that many marriages hang as ill together now, as ever they did among the Jews? So that such marriages are liker to torments than true marriages. As therefore the Lord doth always succour and help the oppressed, so he would ever have it provided for injured husbands and wives, that under pretence of the marriage bond, they be not sold to perpetual vexations, instead of the loving and comfortable marriage duties. And lastly, as God doth always detest hypocrisy and fraud, so neither doth he approve, that among his people that should be counted marriage, wherein none of those duties remain, whereby the league of wedlock is chiefly preserved. What inconsiderate neglect then of God’s Edition: current; Page: [272] law is this, that I may not call it worse, to hold that Christ our Lord would not grant the same remedies both of divorce and second marriage to the weak, or to the evil, if they will needs have it so, but especially to the innocent and wronged; whenas the same urgent causes remain as before, when the discipline of the church and magistrate hath tried what may be tried?

CHAPTER XXVIII.

That our Lord Christ intended not to make new laws of marriage and divorce, or of any civil matters. Axiom 2.

It is agreed by all who determine of the kingdom and offices of Christ by the Holy Scriptures, as all godly men ought to do, that our Saviour upon earth took not on him either to give new laws in civil affairs, or to change the old. But it is certain, that matrimony and divorce are civil things. Which the Christian emperors knowing, gave conjugal laws, and reserved the administration of them to their own courts; which no true ancient bishop ever condemned.

Our Saviour came to preach repentance and remission: seeing therefore those, who put away their wives without any just cause, were not touched with conscience of the sin, through misunderstanding of the law, he recalled them to a right interpretation, and taught, that the woman in the beginning was so joined to the man, that there should be a perpetual union both in body and spirit: where this is not, the matrimony is already broke, before there be yet any divorce made, or second marriage.

CHAPTER XXIX.

That it is wicked to strain the words of Christ beyond their purpose.

This is his third Axiom, whereof there needs no explication here.

CHAPTER XXX.

That all places of Scripture about the same thing are to be joined, and compared, to avoid contradictions. Axiom 4.

This he demonstrates at large out of sundry places in the gospel, and principally by that precept against swearing,* which, compared with many places of the law and prophets, is a flat contradiction of them all, if we follow superstitiously the letter. Then having repeated briefly his four axioms, he thus proceeds:

These things thus preadmonished, let us inquire what the undoubted meaning is of our Saviour’s words, and inquire according to the rule which is observed by all learned and good men in their expositions; that praying first to God, who is the only opener of our hearts, we may first with fear and reverence consider well the words of our Saviour touching this question. Next, that we may compare them with all other places of Scripture treating of this matter, to see how they consent with our Saviour’s words, and those of his apostle.

CHAPTER XXXI.

This chapter disputes against Austin and the papists, who deny second marriage even to them who divorce in case of adultery; which because it is not controverted among true protestants, but that the innocent person is easily allowed to marry, I spare the translating.

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CHAPTER XXXII.

That a manifest adulteress ought to be divorced, and cannot lawfully be retained in marriage by any true Christian.

This though he prove sufficiently, yet I let pass, because this question was not handled in the Doctrine and Dicipline of Divorce; to which book I bring so much of this treatise as runs parallel.

CHAPTER XXXIII.

That adultery is to be punished with death.

This chapter also I omit for the reason last alleged.

CHAPTER XXXIV.

That it is lawful for a wife to leave an adulterer and to marry another husband.

This is generally granted, and therefore excuses me the writing out.

CHAPTER XXXV.

Places in the writings of the apostle Paul, touching divorce, explained.

Let us consider the answers of the Lord given by the apostle severally. Concerning the first, which is Rom. vii. 1, “Know ye not brethren, for I speak to them that know the law, &c. ver. 2, The woman is bound by the law to her husband so long as he liveth.” Here it is certain, that the Holy Ghost had no purpose to determine aught of marriage, or divorce, but only to bring an example from the common and ordinary law of wedlock, to show, that as no covenant holds either party being dead, so now that we are not bound to the law, but to Christ our Lord, seeing that through him we are dead to sin, and to the law; and so joined to Christ, that we may bring forth fruit in him from a willing godliness, and not by the compulsion of law, whereby our sins are more excited, and become more violent. What therefore the Holy Spirit here speaks of matrimony cannot be extended beyond the general rule.

Besides, it is manifest that the apostle did allege the law of wedlock, as it was delivered to the Jews; for, saith he, “I speak to them that know the law.” They knew no law of God, but that by Moses, which plainly grants divorce for several reasons. It cannot therefore be said, that the apostle cited this general example out of the law, to abolish the several exceptions of that law, which God himself granted by giving authority to divorce.

Next, when the apostle brings an example out of God’s law concerning man and wife, it must be necessary, that we understand such for man and wife, as are so indeed according to the same law of God; that is, who are so disposed, as that they are both willing and able to perform the necessary duties of marriage; not those who under a false title of marriage, keep themselves mutually bound to injuries and disgraces; for such twain are nothing less than lawful man and wife.

The like answer is to be given to all other places both of the gospel and the apostle, that whatever exception may be proved out of God’s law, be not excluded from those places. For the Spirit of God doth not condemn things formerly granted and allowed, where there is like cause and reason. Hence Ambrose, upon that place, 1 Cor. vii. 15, “A brother or a sister is not under bondage in such cases,” thus expounds; “The reverence of Edition: current; Page: [274] marriage is not due to him who abhors the author of marriage; nor is that marriage ratified, which is without devotion to God: he sins not therefore, who is put away for God’s cause, though he join himself to another. For the dishonour of the Creator dissolves the right of matrimony to him who is deserted, that he be not accused, though marrying to another. The faith of wedlock is not to be kept with him who departs, that he might not hear the God of Christians to be the author of wedlock. For if Ezra caused the misbelieveing wives and husbands to be divorced, that God might be appeased, and not offended, though they took others of their own faith, how much more shall it be free, if the misbeliever depart, to marry one of our own religion. For this is not to be counted matrimony, which is against the law of God.”

Two things are here to be observed toward the following discourse, which truth itself and the force of God’s word hath drawn from this holy man. For those words are very large, “Matrimony is not ratified, without devotion to God.” And “the dishonour of the Creator dissolves the right of matrimony.” For devotion is far off, and dishonour is done to God by all who persist in any wickedness and heinous crime.

CHAPTER XXXVI.

That although it seem in the Gospel, as if our Saviour granted divorce only for adultery, yet in very deed he granted it for other causes also.

Now is to be dealt with this question, whether it be lawful to divorce and marry again for other causes besides adultery, since our Saviour expressed that only? To this question, if we retain our principles already laid, and must acknowledge it to be a cursed blasphemy, if we say that the words of God do contradict one another, of necessity we must confess, that our Lord did grant divorce, and marriage after that, for other causes besides adultery, notwithstanding what he said in Matthew. For first, they who consider but only that place, 1 Cor. vii. which treats of believers and misbelievers matched together, must of force confess, that our Lord granted just divorce and second marriage in the cause of desertion, which is other than the cause of fornication. And if there be one other cause found lawful, then is it most true, that divorce was granted not only for fornication.

Next, it cannot be doubted, as I showed before by them to whom it is given to know God and his judgments out of his own word, but that, what means of peace and safety God ever granted and ordained to his elected people, the same he grants and ordains to men of all ages, who have equally need of the same remedies. And who, that is but a knowing man, dares say there be not husbands and wives now to be found in such a hardness of heart, that they will not perform either conjugal affection, or any requisite duty thereof, though it be most deserved at their hands?

Neither can any one defer to confess, but that God, whose property it is to judge the cause of them that suffer injury, hath provided for innocent and honest persons wedded, how they might free themselves by lawful means of divorce, from the bondage and iniquity of those who are falsely termed their husbands or their wives. This is clear out of Deut. xxiv. 1; Malachi, ii.; Matt. xix. 1; 1 Cor. vii.; and out of those principles, which the Scripture every where teaches, that God changes not his mind, dissents not from himself, is no accepter of persons; but allows the same remedies to all men oppressed with the same necessities and infirmities; yea, requires that we should use them. This he will easily perceive, who considers these things in the Spirit of the Lord.

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Lastly, it is most certain, that the Lord hath commanded us to obey the civil laws, every one of his own commonwealth, if they be not against the laws of God.

CHAPTER XXXVII.

For what causes divorce is permitted by the civil law ex l. Consensu Codic. de Repudiis.

It is also manifest, that the law of Theodosius and Valentinian, which begins “Consensu,” &c. touching divorce, and many other decrees of pious emperors agreeing herewith, are not contrary to the word of God; and therefore may be recalled into use by any Christian prince or commonwealth; nay, ought to be with due respect had to every nation: for whatsoever is equal and just, that in every thing is to be sought and used by Christians. Hence it is plain, that divorce is granted by divine approbation, both to husbands and to wives, if either party can convict the other of these following offences before the magistrate.

If the husband can prove the wife to be an adulteress, a witch, a murderess; to have bought or sold to slavery any one free born; to have violated sepulchres, committed sacrilege, favoured thieves and robbers, desirous of feasting with strangers, the husband not knowing, or not willing; if she lodge forth without a just and probable cause, or frequent theatres and sights, he forbidding; if she be privy with those that plot against the state, or if she deal falsely, or offer blows. And if the wife can prove her husband guilty of any those forenamed crimes, and frequent the company of lewd women in her sight; or if he beat her, she had the like liberty to quit herself; with this difference, that the man after divorce might forthwith marry again; the woman not till a year after lest she might chance to have conceived.

CHAPTER XXXVIII.

An exposition of those places wherein God declares the nature of holy wedlock.

Now to the end it may be seen, that this agrees with the divine law, the first institution of marriage is to be considered, and those texts in which God established the joining of male and female, and described the duties of them both. When God had determined to make woman, and give her as a wife to man, he spake thus, Gen. ii. 18, “It is not good for man to be alone; I will make him a help meet for him. And Adam said,” but in the Spirit of God, v. 23, 24, “This is now bone of my bone, and flesh of my flesh: Therefore shall a man leave his father and mother, and shall cleave to his wife, and they shall be one flesh.”

To this first institution did Christ recall his own; when answering the Pharisees, he condemned the license of unlawful divorce. He taught therefore by his example, that we, according to this first institution, and what God hath spoken thereof, ought to determine what kind of covenant marriage is; how to be kept, and how far; and lastly, for what causes to be dissolved. To which decrees of God these also are to be joined which the Holy Ghost hath taught by his apostle, that neither the husband nor the wife “hath power of their own body, but mutually each of either’s.” That “the husband shall love the wife as his own body, yea, as Christ loves his church; and that the wife ought to be subject to her husband, as the church is to Christ.”

By these things the nature of holy wedlock is certainly known; whereof if Edition: current; Page: [276] only one be wanting in both or either party, and that either by obstinate malevolence, or too deep inbred weakness of mind, or lastly, through incurable impotence of body, it cannot then be said, that the covenant of matrimony holds good between such; if we mean that covenant, which God instituted and called marriage, and that whereof only it must be understood that our Saviour said, “Those whom God hath joined, let no man separate.”

And hence is concluded, that matrimony requires continual cohabitation and living together, unless the calling of God be otherwise evident; which union if the parties themselves disjoin, either by mutual consent, or one against the other’s will depart, the marriage is then broken. Wherein the papists, as in other things, oppose themselves against God; while they separate for many causes from bed and board, and yet will have the bond of matrimony remain, as if this covenant could be other than the conjunction and communion not only of bed and board, but of all other loving and helpful duties. This we may see in these words; “I will make him a help meet for him; bone of his bone, and flesh of his flesh: for this cause shall be leave father and mother, and cleave to his wife, and they twain shall be one flesh.” By which words who discerns not, that God requires of them both so to live together, and to be united not only in body but in mind also, with such an affection as none may be dearer and more ardent among all the relations of mankind, nor of more efficacy to the mutual offices of love and loyalty? They must communicate and consent in all things both divine and human, which have any moment to well and happy living. The wife must honour and obey her husband, as the church honours and obeys Christ her head. The husband must love and cherish his wife, as Christ his church. Thus they must be to each other, if they will be true man and wife in the sight of God, whom certainly the churches ought to follow in their judgment. Now the proper and ultimate end of marriage is not copulation, or children, for then there was not true matrimony between Joseph and Mary the mother of Christ, nor between many holy persons more; but the full and proper and main end of marriage is the communicating of all duties, both divine and human, each to other with utmost benevolence and affection.

CHAPTER XXXIX.

The properties of a true and Christian marriage more distinctly repeated.

By which definition we may know, that God esteems and reckons upon these four necessary properties to be in every true marriage. 1. That they should live together, unless the calling of God require otherwise for a time. 2. That they should love one another to the height of dearness, and that in the Lord, and in the communion of true religion. 3. That the husband bear himself as the head and preserver of his wife, instructing her to all godliness and integrity of life; that the wife also be to her husband a help, according to her place, especially furthering him in the true worship of God, and next in all the occasions of civil life. And 4. That they defraud not each other of conjugal benevolence, as the apostle commands, 1 Cor. vii. Hence it follows, according to the sentence of God, which all Christians ought to be ruled by, that between those who, either through obstinacy, or helpless inability, cannot or will not perform these repeated duties, between those there can be no true matrimony, nor ought they to be counted man and wife.

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CHAPTER XL.

Whether those crimes recited, chap. xxxvii., out of the civil law, dissolve matrimony in God’s account.

Now if a husband or wife be found guilty of any of those crimes, which by the law “consensu” are made causes of divorce, it is manifest, that such a man cannot be the head and preserver of his wife, nor such a woman be a meet help to her husband, as the divine law in true wedlock requires; for these faults are punished either by death, or deportation, or extreme infamy, which are directly opposite to the covenant of marriage. If they deserve death, as adultery and the like, doubtless God would not that any should live in wedlock with them whom he would not have to live at all. Or if it be not death, but the incurring of notorious infamy, certain it is neither just, nor expedient, nor meet, that an honest man should be coupled with an infamous woman, nor an honest matron with an infamous man. The wise Roman princes had so great a regard to the equal honour of either wedded person, that they counted those marriages of no force, which were made between the one of good repute, and the other of evil note. How much more will all honest regard of Christian expedience and comeliness beseem and concern those who are set free and dignified in Christ, than it could the Roman senate, or their sons, for whom that law was provided?

And this all godly men will soon apprehend, that he who ought to be the head and preserver not only of his wife, but also of his children and family, as Christ is of his church, had need be one of honest name: so likewise the wife, which is to be the meet help of an honest and good man, the mother of an honest offspring and family, the glory of the man, even as the man is the glory of Christ, should not be tainted with ignominy; as neither of them can avoid to be, having been justly appeached of those forenamed crimes; and therefore cannot be worthy to hold their place in a Christian family: yea, they themselves turn out themselves and dissolve that holy covenant. And they who are true brethern and sisters in the Lord are no more in bondage to such violators of marriage.

But here the patrons of wickedness and dissolvers of Christian discipline will object, that it is the part of man and wife to bear one another’s cross, whether in calamity, or infamy, that they may gain each other, if not to a good name, yet to repentance and amendment. But they who thus object, seek the impunity of wickedness, and the favour of wicked men, not the duties of true charity; which prefers public honesty before private interest, and had rather the remedies of wholesome punishment appointed by God should be in use, than that by remissness the license of evil doing should increase. For if they who, by committing such offences, have made void the holy knot of marriage, be capable of repentance, they will be sooner moved when due punishment is executed on them, than when it is remitted.

We must ever beware, lest, in contriving what will be best for the soul’s health of delinquents, we make ourselves wiser and discreeter than God. He that religiously weighs his oracles concerning marriage, cannot doubt that they who have committed the foresaid transgressions, have lost the right of matrimony, and are unworthy to hold their dignity in an honest and Christian family.

But if any husband or wife see such signs of repentance in their transgressor, as that they doubt not to regain them by continuing with them, and partaking of their miseries and attaintures, they may be left to their own Edition: current; Page: [278] hopes, and their own mind; saving ever the right of church and commonwealth, that it receive no scandal by the neglect of due severity, and their children no harm by this invitation to license, and want of good education.

From all these considerations, if they be thought on, as in the presence of God, and out of his word, any one may perceive who desires to determine of these things by the Scripture, that those causes of lawful divorce, which the most religious emperors Theodosius and Valentinian set forth in the forecited place, are according to the law of God, and the prime institution of marriage; and were still more and more straitened, as the church and state of the empire still more and more corrupted and degenerated. Therefore pious princes and commonwealths both may and ought establish them again, if they have a mind to restore the honour, sanctity, and religion of holy wedlock to their people, and disentangle many consciences from a miserable and perilous condition, to a chaste and honest life.

To those recited causes wherefore a wife might send a divorce to her husband, Justinian added four more, Constit. 117; and four more, for which a man might put away his wife. Three other causes were added in the Code “de repudiis, l. Jubemus.” All which causes are so clearly contrary to the first intent of marriage that they plainly dissolve it. I set them not down, being easy to be found in the body of the civil law.

It was permitted also by Christian emperors, that they who would divorce by mutual consent, might, without impediment. Or if there were any difficulty at all in it, the law expresses the reason, that it was only in favour of the children; so that if there were none, the law of those godly emperors made no other difficulty of a divorce by consent. Or if any were minded without consent of the other to divorce, and without those causes which have been named, the Christian emperors laid no other punishment upon them, than that the husband wrongfully divorcing his wife should give back her dowry, and the use of that which was called “Donatio propter nuptias;” or if there were no dowry nor no donation, that he should then give her the fourth part of his goods. The like penalty was inflicted on the wife departing without just cause. But that they who were once married should be compelled to remain so ever against their wills, was not exacted. Wherein those pious princes followed the law of God in Deut. xxiv. 1, and his express charge by the prophet Malachi, to dismiss from him the wife whom the hates. For God never meant in marriage to give to man a perpetual torment instead of a meet help. Neither can God approve, that to the violation of this holy league (which is violated as soon as true affection ceases and is lost) should be added murder, which is already committed by either of them who resolvedly hates the other, as I showed out of 1 John iii. 15, “Whoso hateth his brother, is a murderer.”

CHAPTER XLI.

Whether the husband or wife deserted may marry to another.

The wife’s desertion of her husband the Christian emperors plainly decreed to be a just cause of divorce, whenas they granted him the right thereof, if she had but lain out one night against his will without probable cause. But of the man deserting his wife they did not so determine: yet if we look into the word of God, we shall find, that he who though but for a year, without just cause, forsakes his wife, and neither provides for her maintenance, nor signifies his purpose of returning, and good will towards her, whenas he may, hath forfeited his right in her so forsaken. For the Edition: current; Page: [279] Spirit of God speaks plainly, that both man and wife have such power over one another’s person, as that they cannot deprive each other of living together, but by consent, and for a time.

Hither may be added, that the Holy Spirit grants desertion to be a cause of divorce, in those answers given to the Corinthians concerning a brother or sister deserted by a misbeliever. “If he depart, let him depart; a brother or a sister is not under bondage in such cases.” In which words, who sees not the Holy Ghost openly pronounced, that the party without cause deserted, is not bound for another’s wilful desertion, to abstain from marriage, if he have need thereof?

But some will say, that this is spoken of a misbeliever departing. But I beseech ye, doth not he reject the faith of Christ in his deeds, who rashly breaks the holy covenant of wedlock instituted by God? And besides this, the Holy Spirit does not make the misbelieving of him who departs, but the departing of him who disbelieves, to be the just cause of freedom to the brother or sister.

Since therefore it will be agreed among Christians, that they who depart from wedlock without just cause, do not only deny the faith of matrimony, but of Christ also, whatever they profess with their mouths; it is but reason to conclude, that the party deserted is not bound in case of causeless desertion, but that he may lawfully seek another consort, if it be needful to him, toward a pure and blameless conversation.

CHAPTER XLII.

The impotence of body, leprosy, madness, &c. are just causes of divorce.

Of this, because it was not disputed in the Doctrine and Discipline of Divorce, him that would know further, I commend to the Latin original.

CHAPTER XLIII.

That to grant divorce for all the causes which have been hitherto brought, disagrees not from the words of Christ, naming only the cause of adultery.

Now we must see how these things can stand with the words of our Saviour, who seems directly to forbid all divorce except it be for adultery. To the understanding whereof, we must ever remember this: That in the words of our Saviour there can be no contrariety: That his words and answers are not to be stretched beyond the question proposed: That our Saviour did not there purpose to treat of all the causes for which it might be lawful to divorce and marry again; for then that in the Corinthians of marrying again without guilt of adultery could not be added. That it is not good for that man to be alone, who hath not the special gift from above. That it is good for every such one to be married, that he may shun fornication.

With regard to these principles, let us see what our Lord answered to the tempting Pharisees about divorce, and second marriage, and how far his answer doth extend.

First, no man who is not very contentious will deny, that the Pharisees asked our Lord whether it were lawful to put away such a wife, as was truly, and according to God’s law, to be counted a wife; that is, such a one as would dwell with her husband, and both would and could perform the necessary duties of wedlock tolerably. But she who will not dwell with her husband is not put away by him, but goes of herself: and she who denies to be a meet help, or to be so hath made herself unfit by open misdemeanors, or through incurable impotencies cannot be able, is not by Edition: current; Page: [280] the law of God to be esteemed a wife; as hath been shown both from the first institution, and other places of Scripture. Neither certainly would the Pharisees propound a question concerning such an unconjugal wife; for their depravation of the law had brought them to that pass, as to think a man had right to put away his wife for any cause, though never so slight. Since, therefore, it is manifest, that Christ answered the Pharisees concerning a fit and meet wife according to the law of God, whom he forbid to divorce for any cause but fornication; who sees not that it is a wickedness so to wrest and extend that answer of his, as if it forbad to divorce her who hath already forsaken, or hath lost the place and dignity of a wife, by deserved infamy, or hath undertaken to be that which she hath not natural ability to be?

This truth is so powerful, that it hath moved the papists to grant their kind of divorce for other causes besides adultery, as for ill usage, and the not performing of conjugal duty; and to separate from bed and board for these causes, which is as much divorce as they grant for adultery.

But some perhaps will object, that though it be yielded that our Lord granted divorce not only for adultery, yet it is not certain that he permitted marriage after divorce, unless for that only cause. I answer, first, that the sentence of divorce and second marriage is one and the same. So that when the right of divorce is evinced to belong not only to the cause of fornication, the power of second marriage is also proved to be not limited to that cause only; and that most evidently whenas the Holy Ghost, 1 Cor. vii. so frees the deserted party from bondage, as that he may not only send a just divorce in case of desertion, but may seek another marriage.

Lastly, seeing God will not that any should live in danger of fornication and utter ruin for the default of another, and hath commanded the husband to send away with a bill of divorce her whom he could not love; it is impossible that the charge of adultery should belong to him who for lawful causes divorces and marries, or to her who marries after she hath been unjustly rejected, or to him who receives her without all fraud to the former wedlock. For this were a horrid blasphemy against God, so to interpret his words, as to make him dissent from himself; for who sees not a flat contradiction in this, to enthral blameless men and women to miseries and injuries, under a false and soothing title of marriage, and yet to declare by his apostle, that a brother or sister is not under bondage in such cases? No less do these two things conflict with themselves, to enforce the innocent and faultless to endure the pain and misery of another’s perverseness, or else to live in unavoidable temptation; and to affirm elsewhere that he lays on no man the burden of another man’s sin, nor doth constrain any man to the endangering of his soul.

CHAPTER XLIV.

That to those also who are justly divorced, second marriage ought to be permitted.

This, although it will be proved, yet because it concerns only the offender, I leave him to search out his own charter, himself, in the author.

CHAPTER XLV.

That some persons are so ordained to marriage, as that they cannot obtain the gift of continence, no not by earnest prayer; and that therein every one is to be left to his own judgment and conscience, and not to have a burden laid upon him by any other.

Edition: current; Page: [281]

CHAPTER XLVI.

The words of the apostle concerning the praise of single life unfolded.

These two chapters not so immediately debating the right of divorce, I choose rather not to insert.

CHAPTER XLVII.

The conclusion of this treatise.

These things, most renowned king, I have brought together, both to explain for what causes the unhappy, but sometimes most necessary help of divorce ought to be granted, according to God’s word, by princes and rulers; as also to explain how the words of Christ do consent with such a grant. I have been large indeed both in handling those oracles of God, and in laying down those certain principles, which he who will know what the mind of God is in this matter, must ever think on and remember. But if we consider what mist and obscurity hath been poured out by Antichrist upon this question, and how deep this pernicious contempt of wedlock, and admiration of single life, even in those who are not called thereto, hath sunk into many men’s persuasions; I fear lest all that hath been said be hardly enough to persuade such, that they would cease at length to make themselves wiser and holier than God himself, in being so severe to grant lawful marriage, and so easy to connive at all, not only whoredoms but deflowerings and adulteries: whenas, among the people of God, no whoredom was to be tolerated.

Our Lord Jesus Christ, who came to destroy the works of Satan, sent down his Spirit upon all Christians, and principally upon Christian governors both in church and commonwealth, (for of the clear judgment of your royal majesty I nothing doubt, revolving the Scripture so often as ye do,) that they may acknowledge how much they provoke the anger of God against us, whenas all kind of unchastity is tolerated, fornications and adulteries winked at; but holy and honourable wedlock is oft withheld by the mere persuasion of Antichrist, from such as without this remedy cannot preserve themselves from damnation! For none who hath but a spark of honesty will deny, that princes and states ought to use diligence toward the maintaining of pure and honest life among all men, without which all justice, all fear of God, and true religion decays.

And who knows not, that chastity and pureness of life can never be restored, or continued in the commonwealth, unless it be first established in private houses, from whence the whole breed of men is to come forth? To effect this, no wise man can doubt, that it is necessary for princes and magistrates first with severity to punish whoredom and adultery; next to see that marriages be lawfully contracted, and in the Lord; then that they be faithfully kept; and lastly, when that unhappiness urges, that they be lawfully dissolved, and other marriage granted, according as the law of God, and of nature, and the constitutions of pious princes have decreed; as I have shown both by evident authorities of Scripture, together with the writings of the ancient fathers, and other testimonies. Only the Lord grant that we may learn to prefer his ever just and saving word, before the comments of Antichrist, too deeply rooted in many, and the false blasphemous exposition of our Saviour’s words. Amen.

Edition: current; Page: [282]

A POSTSCRIPT.

Thus far Martin Bucer: whom, where I might without injury to either part of the cause, I deny not to have epitomized; in the rest observing a well-warranted rule, not to give an inventory of so many words, but to weigh their force. I could have added that eloquent and right Christian discourse, written by Erasmus on this argument, not disagreeing in effect from Bucer. But this, I hope, will be enough to excuse me with the mere Englishman, to be no forger of new and loose opinions. Others may read him in his own phrase on the first to the Corinthians, and ease me who never could delight in long citations, much less in whole traductions; whether it be natural disposition or education in me, or that my mother bore me a speaker of what God made mine own, and not a translator. There be others also whom I could reckon up, of no mean account in the church, (and Peter Martyr among the first,) who are more than half our own in this controversy. But this is a providence not to be slighted, that as Bucer wrote this tractate of divorce in England and for England, so Erasmus professes he begun here among us the same subject, especially out of compassion, for the need he saw this nation had of some charitable redress herein; and seriously exhorts others to use their best industry in the clearing of this point, wherein custom hath a greater sway than verity. That, therefore, which came into the mind of these two admired strangers to do for England, and in a touch of highest prudence, which they took to be not yet recovered from monastic superstition, if I a native am found to have done for mine own country, altogether suitably and conformably to their so large and clear understanding, yet without the least help of theirs; I suppose that henceforward among conscionable and judicious persons it will no more be thought to my discredit, or at all to this nation’s dishonour. And if these their books the one shall be printed often with best allowance in most religious cities, the other with express authority of Leo the Tenth, a pope, shall, for the propagating of truth, be published and republished, though against the received opinion of that church, and mine containing but the same thing, shall in a time of reformation, a time of free speaking, free writing, not find a permission to the press; I refer me to wisest men, whether truth be suffered to be truth, or liberty to be liberty, now among us, and be not again in danger of new fetters and captivity after all our hopes and labours lost: and whether learning be not (which our enemies too prophetically feared) in the way to be trodden down again by ignorance. Whereof while time is, out of the faith owing to God and my country, I bid this kingdom beware; and doubt not but God who hath dignified this parliament already to so many glorious degrees, will also give them (which is a singular blessing) to inform themselves rightly in the midst of an unprincipled age, and to prevent this working mystery of ignorance and ecclesiastical thraldom, which under new shapes and disguises begins afresh to grow upon us.


T.38 (2.5) [William Walwyn], Good Counsell (29 July 1644).

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T.38 [1644.07.29] (2.5) [William Walwyn], Good Counsell to All those that heartily desire the glory of God, the freedome of the Commonwealth, and the good of all vertuous men (29 July 1644)

Full title

[William Walwyn], Good Counsell to All those that heartily desire the glory of God, the freedome of the Commonwealth, and the good of all vertuous men.

Estimated date of publication

29 July 1644

Thomason Tracts Catalog information

TT1, p. 335; Thomason E. 1199. (2.)

Editor’s Introduction

(Placeholder: Text will be added later.) Also contains Liberty of Conscience Asserted, And the Separatist vindicated

Text of Pamphlet

You are most earnestly intreated to take notice, and to be warned of a most pestilent and dangerous designe lately practised by some hellish Polititians, tending to the dividing of the honest party amongst themselves, thereby to weaken them, and to give advantages to the Common Enemies.

The ground of their designe is, The difference of judgement in matters of Religion amongst conscientious well minded people, occasion being taken from thence to make them not only to despise and hate one another, but as odious to the generality of good men as are theeves, murderers and harlots.

The means they use to promote their designe, is principally to broach some grosse and foolish errours; and then to father them on all those that are called Anabaptists, Antinomians, Brownists, Separatists or Independents:

Perswading and possessing the people:

First, concerning the Anabaptists, That they hold all government in the Commonweale to bee unlawfull; which you are to know is most pernicious delusion, for they approve of, and doe submit unto all government that is agreed on by common consent in Parliament; and disapprove only of arbitrary and tyrannicall government, usurpations and exorbitances in Magistrates and Officers; and have disbursed their monies and hazarded their lives as freely for their just government, and liberties of this Nation, as any condition of men whatsoever.

Secondly, That the Antinomians doe hold, that a Beleever may live as he list! even in all licentiousnesse: which is most grossely false: there being no Scripture more frequent in their mouthes then this, namely. The love of God bringing salvation to all men hath appeared, teaching us to deny all ungodlinesse and worldly lusts, and to live righteously and godly, and soberly in this present world.

Thirdly, That the Brownists, Separation and Independents doe hold that all other Protestants are in a damnable condition, who doe hold fellowship, Church society, and communion with grossely, vitious and wicked persons: which also is most notoriously false: for they doe not so judge of any; but doe judge that themselves having (to their apprehensions) grounds in Scripture, proving the unlawfulnesse of such mixt communions, may not, nor dare not so communicate: And as concerning others they judge (as themselves would be judged) that they exercise their Religion in that way which appeareth to them most agreeable to the Word of God.

When these sowers of division have possest the people, that these and the like absurdities are held by them: Then they advise them to flye from them as from Serpents, and not to heare them or discourse with them, as they tender the safety of their souls; & make them glad & rejoyce when they heare any of them are imprisoned or silenced; or their bookes (though slightly and absurdly) answered: and when they heare that many of them are forsaking the Kingdome, and betaking themselves to the West-Indies and other places for Liberty of their Consciences (as void of all remorse) they cry out, Let them goe, a good riddance, it will never bee well in England (say they) so long as these Sects are permitted to live amongst us; nor untill the Parliament do set up one expresse way for exercise of Religion, and compell all men to submit thereunto, and most severely to punish all such as will not.

But you will finde that this is the very voice of Prelacie, and the authours thereof to bee the very same in heart, what ever they are in deaths and outside—And that it is not the voyce of the Apostles, who required that every man should be fully perswaded in his owne minde of the lawfulnesse of that way wherein he served the Lord; and that upon such a ground as no authority on earth can ever dispence withall, namely, That whatsoever is not of faith (or full assurance of minde) is sin.

Our Saviour Christ did not use the Sadduces in so unkinde a manner, and yet they held more dangerous opinions then any that are accused in our times; for they beleeved that there was no resurrection, and that there was neither Angell nor Spirit; though they came to him in a kinde of insolent confidence in these their opinions, which he knew sufficiently. He, neverthelesse both heard and answered them gently; he did not revile them with reproachfull language, telling them that they were not worthy to live in a Commonwealth; nor did he warne others to discourse with them; hee did not command their persons to be imprisoned, nor declare their lives to be forfeited: It is likely they lived quietly, and (in all civill respects) according to the loves of the Country, and were honester men then the Scribes and Pharisees who were hypocrites: and so, as the true authour of his Apostles doctrine, he allowed them to be fully perswaded in their owne mindes, using no meanes but argument and perswasion to alter or controle their judgements: He knew that men might live peaceably and lovingly together, though they differ in judgement one from another: Himselfe was composed of love, and esteemed nothing so pretious as love; His servant and Apostle Paul was of the same minde also, affirming that though hee had all faith and al knowledge, and understood all mysteries, though he could speak with the tongues of men and of Angels, and have not love, he is nothing, a meere sounding brasse or tinckling symball: he desires that those who are strong in the faith, should beare with those that are weak, adviseth him that eateth that hee should not condemne him that eateth not: where one observed a day to the Lord, and others not (though a matter of great moment) yet he alloweth every one to be fully perswaded in his owne minde: Now if our Saviour and his Apostle, that could infallibly determine what was truth, and what was error, did neverthelesse allow every man to bee fully perswaded in his owne minde, and did not command any man upon their authority to doe any thing against judgement and conscience—What spirit are they of, whose Ministers are they, that would have all men compelled to submit to their probabilities and doubtfull determinations?

The Apostle perswadeth those whom he instructed to try all things: These allow not things to be compared, they take liberty to speake what they please in publike against opinions and judgements, under what nick-names they thinke fittest to make them odious, and write and Print, and licence the same, wresting and misapplying the Scriptures to prove their false assertions; but stop all mens mouthes from speaking, and prohibit the Printing of any thing that might be produced in way of defence and vindication; and if any thing bee attempted, spoken or published without authority or licence, Pursuivants, fines and imprisonments, are sure to wait the Authors, Printers and publishers.

And though experience of all times under Popery and Prelacie, have proved this a vaine way to bring all men to be of one minde, yet these men are not yet made wiser by the folly of others, but suffer themselves to be outwitted by the devillish policies of those that put them on in those compulsive and restrictive courses, as knowing it to be the only meanes to obstruct the truth, to multiply opinions, and cause divisions, without which they know they should in vaine attempt the bondage or destruction of the honest party.

Be you therefore wise in time, and speedily and freely unite your selves to those your brethren, though reproached with never so many nick-names, and use all lawfull meanes for their ease and freedome, and for protection from reproach, injury or violence, that they may be encouraged to abide in, and returne unto this our distressed country, and to contribute their utmost assistance to free the same from the bloudy intentions of the common enemies, and give them assurance of a comfortable freedome of conscience when a happy end shall be given to these wofull times: you cannot deny but that they are to bee trusted in any imployment equall to any condition of men, not one of them having proved false hearted or treacherous in any publike employment: sticke you therefore close to them, they will most certainly sticke close to you; which if you doe, all the Popish and malignant party in the world will not be able to circumvent you: but if you suffer your selves to be so grossely deluded as to despise or renounce their assistance and association, you shall soone perceive your selves to be over-growne with malignants (the taking of a Covenant will not change a blackamore) your bondage will be speedy and certaine: The ground upon which you renounce them is so unjust and contrary to the word of God, that God cannot prosper you; you have therefore no choice at all; but if you joyne not; you perish: Your destruction is of your selves, (complaine of none else) your pride and disdaine of them will be your mine.

Thus have you the faithfull advice of him who is neither Anabaptist, Antinomian, Brownist, Separatist or Independent: But of one that upon good ground (as he conceiveth) holdeth fellowship and communion with the Parochiall congregations, who observing with a sad heart the manifold distractions and divisions amongst his brethren about difference of judgement in matters of Religion; and finding the same fomented and made use of to the destruction of the common freedome of his deare Country: He could not forbeare to give warning thereof to all sorts of well-affected persons, hoping that they will labour to informe themselves more truly of the opinions and dispositions of those their too much despised Brethren; and (as himselfe hath done) resolve henceforward to joyne heart and hand with them in all offices of love and mutuall assistance of the Commonwealth.

FINIS

T.39 (2.6) John Goodwin, Theomachia (2 September 1644).

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T.39 [1644.09.02] (2.6) John Goodwin, Theomachia; Or the Grand Imprudence of men running the hazard of Fighting Against God (2 September 1644).

Full title

John Goodwin, Theomachia; Or the Grand Imprudence of men running the hazard of Fighting Against God, In suppressing any Way, Doctrine, or Practice, concerning which they know not certainly whether it be from God or no. Being the substance of two Sermons, Preached in Colemanstreet, upon occasion of the late disaster sustain’d in the West. With some necessary Enlargements thereunto. By John Goodwin, Pastor of the Church of God there. The second time Imprinted.

Heb. 10.31. It is a fearfull thing to fall into the hands of the living God.
Mat. 21.44. Whosoever shall fall on (or, stumble at) this stone, shall be broken in pieces.

Imprimatur. John Bachiler. London; Printed for Henry Overton, and are to be sold at his Shop entering into Popes-head-Alley out of Lumbard-street. 1644.

Estimated date of publication

2 September 1644.

Thomason Tracts Catalog information

TT1, p. 339; Thomason E. 12. (1.)

Editor’s Introduction

(Placeholder: Text will be added later.)

Text of Pamphlet

To The Reader

Reader;

WE have an English saying, that the burnt childe dreads the fire. I have oft been cast into the fire of mens zealous indignations, by an unclean spirit of calumny and slander; Some have reported, that I deny justification by Christ, i. that the Sun is up at noon-day; Others, that I deny the immortalitie of the soule, i. that I murthered my father and my mother; Others, that I have preached against the Parliament and Assembly, I. that I am out of my wits, and weary of my present life, and carelesse of that which is to come; Others yet againe, that sometimes I stood for Presbytery, but am now fallen to Independency; particularly, that I both preach and practise non-conformity to a letter of mine written some yeers since to Mr. T. G. that is, that once I was so wise as to think that six and seven made just nineteene; but now am become so weake, as to judge they onely make thirteene, and no more. I perceive there are more Sons of Belial, then those that witnessed against Naboth, that he blasphemed God and the King.1 King. 21. 10. But having no vineyard to accommodate any man, I cannot easily conceive, what men and their tongues meane to be still up in such unchristian contestations with me; except this be it; Because I speak the truth, and men are not able to beare it; therefore they resolve (it seems) to make me speak such untruths, that I my selfe shall not be able to beare. I confesse, I doe not much dread this fire, made of the tongues of asps and vipers, not because I have not been sufficiently burnt by it, but partly because I have been a long time accustomed to such burnings, and have found them rather purifying, then consuming: partly, because the great Apostle informs me, that the way by which he passed into his glory, was through honour, and dishonour,2 Cor. 6. 8. through good report, and evill report. Yet neverthelesse, I had rather give an account of mine own words, then of other mens pretending to be mine; and so to keep out of the fire, as far as the peace and safety of my own soule and other mens, will suffer me. And this is the true account (Reader) of the publishing of these Sermons, which (haply) had not been an action so necessary otherwise. Understanding that the foule spirit, which hath for severall yeers haunted my ministery, was beginning to practise upon these Sermons also, I thought it the safer course of the two, to put my selfe into the hands of the Truth (which yet perhaps will not much befriend me neither, in the thoughts and hearts of men, though with God, I am certain, it will) then to expose both it and my selfe to be rent and torne by him. What good, or hurt, they will or are like to doe, now they are gotten abroad, is not easie, either for thee, or me, so much as to conjecture. Be it in this, as God and men shall agree. When the danger of the disease runs high, there is little hope but onely in that physicke, whereof there is some feare. We are under a bondage of much misery,Joh. 8. 32. and it is onely the Truth (as our Saviour saith) that can make us free: and yet such is our condition and misery, that there is cause to feare, lest the Truth, which onely is able to make us free, should increase our bondage and misery, by being rejected and opposed by us, when it comes in love and mercy to visit us, and to blesse us out of our misery. For this end I was borne (as our Saviour saith of himselfe, Joh. 18. [Editor: illegible word]) that I should beare witnesse to the truth, not to the opinions or apprehensions of men. In which respect I know I am like to have the harder quarter and service in the world; but God hath made me a lover of men in such a degree, that I can willingly consecrate my selfe unto their service, through any sufferings from them. If this world faile me, I know God hath prepared another for a reserve, which will stand by me, and will not faile. Reader, take my prayers along with thee, and an honest heart of thine own; and so passe on to the Sermons before thee; doubtlesse they will either strengthen thy hand in the way thou art in, or guide thy feet into a way thou art not in, or at least qualifie thy spirit with Christian patience and respects towards such a way.

From my study in Colemanstreet,
Octob. 2. 1644
.
Thine with an upright and
single heart in Christ Jesus,
John Goodvvin.

Acts 5. 38.

And now I say unto you, Refraine your selves from these men, and let them alone: for if this counsell or worke be of men, it will come to nought; but if it be of God, yee cannot destroy it, lest yee be found even fighters against God.

WHen the Children of Israel, in the progresse of their Warres upon the Canaanites, wherein God had promised to be with them, and to give them successe, and that a man of their enemies should not be able to stand against them: notwithstanding they fought under the protection of many such promises as these, yet met with a disaster and losse, thirty six of them being slaine by the men of Ai, and the rest of the partie ingaged in that service put to rout, and chased by their enemies: God himselfe upon the great dejection and solemne humiliation of the Elders of Israel, and Joshua their Generall, was pleased to make knowne unto him by speciall revelation, what root of bitternesse it was that brought forth this fruit of death, what sin by name it was amongst them, that had separated between him and them in their late sad miscarriage, yea, and would separate still, to their further and greater misery, except they took a course to make an atonement for themselves, by purging and clensing themselves from it. Onely the discovery or finding out of the person that had committed the sin, was put upon Joshua and the people; wherein yet againe they were directed by God to such a method or means for this discovery, that God himselfe may be said too to have discovered even the sinner also. For he it was, that by a speciall directing hand of his providence, caused the lot to fall upon Achan, who was the man that in taking the excommunicate thing, had sin’d that great and speciall provocation, which was fallen in this gust of wrath from Heaven upon the people. These things you shall finde related more at large Josh. 7. From which passages by the way (amongst many other very observable) you may take knowledge of these three things.

First, That when God is at any time ingaged, and his hand in (as we use to say) shewing mercy and doing good to his people, he is seldome or never wont to change or alter the tenour of his present dispensations, to break off the course of his grace by suffering evill to come upon them, but upon some speciall discontent taken, from some speciall sin or other, one or more, committed by them.

Secondly, That sometimes the sin of one or of some few, in a great societie or body of people, in the provocation or guilt of it, redounds and runs over to the involving and defiling of the whole societie, and rendring all the members thereof obnoxious to the displeasure of God.

Thirdly, That the best, if not the onely way for the people of God, being under the disfavour of God, and stroke of his displeasure, to make atonement for themselves, and to recover his favour, is to make diligent search and strict inquiry, what that sin by name should be, which hath turned away the heart of their God from them, and accordingly to remove it.

My Brethren, the case of the Children of Israel upon their losse neere unto the Citie of Ai, is our condition and case at this day; save onely that the hand of God hath been laid heavier upon us, then it was upon them, in that breach. God had begun to doe great and gracious things for us, yea he had gon on for a good space together, treading and trampling downe the strength of our Enemies under us apace; insomuch, that wee began to take our Harps down from the willow trees, on which we had hung them, to prepare our selves to sing the song of Moses, the man of God: but loe on the suddaine wee are smitten back againe into the places of Dragons, and the God of our lives hath covered us with the shadow of Death. That vision of peace and good things which was let downe from heaven unto us, and was come so neere us, that wee began to arise, thinking none other but to fall to and eate presently; is now againe taken up from us into the heavens, and we have lost the sight of it. The best art and wisdome we can use to open the heavens over us, and cause them to deliver downe that treasure againe to us, to heale our present wound, if it be not deadly, is to make as narrow a search, as strict an inquiry, as we can, what that particular and speciall sin or provocation amongst us is, the chastisement whereof is now upon us, and which hath brought the rod of this indignation upon our backs. If God himselfe would please by speciall revelation to make knowne what this sin is, as he did unto Joshua and the people of Israel, satisfaction in this point were at hand, nor should we need to abide the various and conjecturall discourses of men, Ministers or others, about the matter: But having perfected that standing Revelation of himselfe, the Scriptures, he refraines revelations extraordinary, and leaves his people to consult with these Oracles of his for resolution, in all such cases of Question and difficulty as this; onely promising the gracious assistance and guidance of his Spirit unto those that shall aske it of him, and not lay stumbling blocks in their way otherwise, to direct them in such dark and dubious inquiries as these. And one speciall end (I concelve) aymed at by that Authority, which hath set apart this day for a solemne humiliation of our selves before God, was, that Ministers and people should joyne together in fervent prayer and supplication unto God, that the one may be directed to make a true and unpartiall discovery of this sinne, and the other judge of the discovery being made accordingly: that so the troubler of Israel being found out, execution may be done, and God pacified. In consideration whereof it is, that I made choice of the Scripture read unto you, upon the present occasion; Conceiving that very sin to be there described, yea, and expressed by name, (though somewhat more generall) which hath occasioned the said interruption of late made in our hopefull proceedings, yea, and which in all likelihood wrought against us formerly, both in that blow which was reached us from heaven, in that as strange, as sorrowfull a defeat at Newark, and otherwise; but was not then knowne or considered of. The Lord grant that yet at last it may enter into all our hearts to conceive aright, and to consider of it, lest it brings forth yet againe like bitter fruits, yea, and magnifies it selfe at last in our utter ruine and destruction.

But let us addresse unto the words; and in them consider, first, their relation and coherence in the Context, and then their sense and meaning. For the former; the words are part of a speech made by one Gamaliel (as he is called ver. 34.) a Pharisee, and Doctor of the Law, in an Assembly or Councell at Jerusalem. The Councell (as appeares ver. 21. &c.) was called, about the Apostles, their Doctrine and proceedings; the chiefe designe and intendment of it, was to consider and resolve what course to take with them, how to suppresse both them and their Doctrine, being both looked upon as prejudiciall to their personall and private interests, both of honour and profit, in that State and Nation; and as likely to carry away the hearts and affections of much people from them. When they had sent for Peter and the other Apostles by a Captain with his Officers, to appeare before the Councell, the Prolocutor or chiefe Priest, charged them after this manner; ver. 28. Did not we straitly command you, that you should not teach in this Name? and yee have filled Jerusalem with your Doctrine, &c. When Peter and the other Apostles, standing stiffe to their tackling, had made their answer, fully justifying what they had done, and given a brief accompt of that Doctrine about which they were questioned, and of their calling to preach and beare witnesse of the same unto the world; it is said (ver. 33.) that the Councell, seeing them upon those terms, hearing them speake at such a rate, burst in sunder for anger (as the former translation) or (as the latter hath it) were cut at the heart, and took counsell how to slay them. What? would they not submit to the Authority and advice of such a Reverend, learned, and pious Assembly as that? Did they thinke themselves wiser then they? would they preach a Doctrine that should asperse them, and bring them out of credit and request with the people? Such men as they were not meet to be tolerated in the State, nor yet to live; and therefore they would fall upon some course, how to free themselves, the State and Nation of them, and that must be in no lighter way, with no lower hand, then death it selfe, they must die for it. This (it seems) was the sense and resolution of the generality of the Assembly, untill one of them, (that Gamaliel we speake of) a man of a better temper and deeper reach then his fellowes, excited to speak, and assisted in speciall manner by God in speaking, by a grave Speech tending to moderation, qualified their spirits in part, and brought them to accept of somewhat a lighter atonement from the Apostles, for their supposed sin, then their lives would have amounted unto. For their spirits were so full of bitterness and indignation against them, that notwithstanding all that Gamaliel could say, they were resolved to have their peniworths of them, (as we use to say) to ease themselves on them so far, as to cause them to be beaten, and withall, severely to charge them the second time, to give over preaching their erroneous and dangerous Doctrine, to speak no more in the Name of Jesus, ver. 40. What the tenor of Gamaliels Speech was, from the beginning to the end of it, you may read, beginning at ver. 35. untill the end of 39. Men of Israel, take heed to your selves, what you doe to these men; as if he should have said, Yee will but run a needlesse hazard of bringing evill, or ruine upon your selves, by attempting any thing for the present, in a way of violence against these men; implying, that men had need take heed how they ingage themselves to suppresse, molest, or destroy any generation or sort of men whatsoever, untill they have a clear and expresse warrant from heaven for the execution. To perswade them not to be too precipitate or forward in any course of violence against the Apostles, he declares to them by a double instance (well known unto themselves) that if they be seducers and evill men, and so worthy to be destroyed, God himselfe would in a short time, reveale his wrath from heaven against them, and bring them and their work to ruine. For thus he had done both formerly by one Theudas, and more lately by Judas of Galilee; who projecting great matters for themselves, without any warrant or authority from God, though they went on, and seem’d for a while to prosper in their way, drawing great numbers of people after them, were yet, both they and all their complices and followers, by a speciall hand of God scattered and brought to nought. Upon the mention of these two memorable examples of Divine justice against Seducers and Deceivers, he infers as followeth in the words read unto you.

And now I say unto you, Refraine from these men, and let them alone, &c.

This for the coherence.

For the sense of the words (briefly) Refrain from, [Editor: illegible Greek words], that is, stand, or keep off from them, depart from them, go yee your way, and let them go their way; [Editor: illegible Greek words], let them alone, or suffer them, that is, (as some understand it) do not only forbeare persecuting of them your selves by your authority, but be no occasion that the Roman power any wayes interposeth to molest them: do not betray them into the hand of violence otherwise; or else the doubling of the caution, may import the weightinesse of the matter in his apprehension that speaketh. However, by this double Caution or Item he gives unto them, not to have any thing to do (for the present) with the Apostles, in any way of molestation, he discovers an utter aversenesse in him to such proceedings. Wherefore he gives this reason further.

For if this counsell or work be of men, it will come to nought] i. If the design which these men drive, with the method, course and means whereby they carry it on, hath no better foundation to bear it up, but either their own wisdomes, interest, and authority, or some other mens, [Editor: illegible Greek words], it will be dissolved, or come to nought, it will soon discover its originall by its end, if it were taken out of the dust, to dust it will return; and they that are ingaged in it, will fall and sink with it. But if it be from God] i. If it be countenanced or authorized by God, if he be the Founder of it; Yee cannot destroy or dissolve it, lest, &c. i. you must not, or you ought not, to attempt any thing against it to destroy or dissolve it, because by such an attempt as this, you will do no better then fight against God. Yee cannot] viz. lawfully, or wisely, or upon any good ground. There is a double impotency, or impossibility often mentioned in Scripture; the one we may call naturall, or physicall, the other morall. With the first kinde of impossibility, things are said to be unpossible, when there wants a naturall or executive principle of strength or power in any kind to do them: with the latter, that is said to be unpossible for a man to do, for the doing wherof he hath no ground or warrant either in the Word of God, or in reason or equity, though he hath never so much naturall strength or power to do it. Of this latter kind, the Apostle Paul speaketh, 2 Cor. 13. 8. where he saith, that hee could do nothing against the truth, but for the truth; meaning, that he had no ground or warrant, either from God, or otherwise, to do any such thing. So again, 1 Cor. 10. 21. Yee cannot drink the cup of the Lord, and the cup of the Devill; i. yee cannot do it lawfully; or with any congruity either to the principles of Christianity, or of sound reason. Of this kind of impotency or impossibility, that common saying in the Civill Law speaketh, Id tantum possumus, quod jure possumus. Of the other kind, we have many instances also; I spake to thy Disciples to cast him out, but they could not (Mar. 9. 18.) i. they wanted an executive principle or power; whereby to do it: otherwise it was lawfull enough for them to have done it. So again, Mar. 6. 19. and Mar. 2. 4. besides many other.

Destroy or dissolve it] i. do or attempt any thing to destroy it. Not only the endevours and attempts, but even the purposes and intents of doing things, are often in Scripture expressed by words, which properly signifie the doing or effecting the things themselves. Many good works (saith our Saviour, Joh. 10. 32) have I shewed you from my Father: for which of these works do you stone me? i. do you intend, or go about to stone me? for they had not yet actually stoned him. Thus Heb. 11. 17. Abraham is twice said to have offered up his son Isaac, because he was fully intended, and had attempted to offer him. Besides many the like: So here, you cannot destroy it, i. you ought not, you cannot with reason go about or attempt the destroying of it.—Lest you be found even fighters against God; meaning, that in case the Doctrine and way of those men, against whom they were incensed, should be from God, and they nevertheless seek to destroy them, they would by such a course dash themselves against such a stone as would break them to pieces; they would be found even to fight against God. That causall particle, [Editor: illegible Greek words], lest, doth not alwayes note a hazard, or uncertainty of an effect or consequent; but many times signifies as much as [Editor: illegible Greek words], ut non, and is us’d as well to signifie the dependance as well of a certain and necessary, as of a contingent effect, upon its cause:* So here, you cannot destroy it, lest you be found, &c. i. if you attempt to destroy it, you will be found, &c.

Be found] The word [Editor: illegible Greek words]; to be found, in such a construction as this, oft notes the unexpectednesse of somewhat befalling a person, whether in respect of his own, or other mens expectations. Thus it is said of the Virgin Mary, that before Joseph and she came together, [Editor: illegible Greek words], shee was FOUND with child, meaning, beyond, or contrary to expectation. So Luk. 9. 36. whereas Moses and Elias were immediately before the voyce from heaven, taken notice of by the Apostles to have been present with Christ upon the Mount, as soone as ever the voyce was past, it is said of him,[Editor: illegible Greek words], he was found alone, to imply that Moses and Elias were withdrawn before the Apostles were aware, or thought of it. To passe by other instances for this importance of the word; it is said of Babylon the Great (Rev. 18. 24.) that in her was found ([Editor: illegible Greek words]) the bloud of the Prophets, and of the Saints, and of all that were slain upon the earth; meaning, that whereas this City had till now thought her self the most religious City under heaven, the Mother and Patronesse of Prophets and Saints, an enemy onely unto Heretiques and persons hatefull unto God; now when God came to call her to an account, and to enter into judgement with her, contrary to her expectation and opinion of her self, she was discovered and evicted to have been the most cruell and bloudy enemy that ever Prophets or Saints had, yea, and further, a principall Actresse in the slaughter of many millions otherwise. So Gamaliel, expressing himselfe thus to the Councell, lest you be FOUND even fighters against God; gives them to understand, that how holy, wise, or just soever they might seeme in their own eyes, yea, and might think themselves the furthest of any men under heaven from practising or fighting against God, yet if they went on with their present intentions and resolutions against the men they had now before them, they might fall into this heavie guilt and condemnation, when they thought least of it. The heavinesse of which guilt is further implyed, in that emphaticall particle [Editor: illegible Greek words], even, even fighters against God; which particle of speech in such constructions as this, is intensive in an high degree, and still imports somewhat very remarkable in what is joyned with it. In such an importance as this, you shall find it used, Matth. 12. 8. for the son of man is Lord, [Editor: illegible Greek words], even of the Sabbath; meaning, that this was a very transcendent Lordship indeed, and such as was incompatible unto any, but unto him who need count it no robbery to be equall with God. So Mar. 13. 22. and elsewhere. Thus Gamaliel admonishing his Colleagues, to consider well what they did, lest they should be found EVEN fighters against God; plainly intimates unto you, that this is one of the worst stones in the world to stumble at, and that no improvidence or inconsiderateness whatsoever besides, is like to make any such breach upon the comfort and peace of the Creature, as for men to ingage themselves in any such action or course, wherein they shall be found fighters against God.

[Editor: illegible Greek words], Fighters against God]. Every act of sin, especially with knowledge and consent of will, is, (in a sense) a fighting against God: but that sin which Gamaliel here intends in his expression of fighting against God, is a sin of an higher nature then ordinary, as appeares by the particle [Editor: illegible Greek words] even, joyn’d with it, and formerly opened. Therefore by fighting against God (in this place) must needs be meant some high and peremptory action or ingagement of the creature, wherein it opposeth God in some speciall or remarkable design, which hee seeketh either to set on foot, or else to carry on in the world, whether the opposer knowes it to be a design of God’s or no. And thus the Propagating of that Doctrine, which the Apostles preached, being a design of God, the opposition of the councell against it, especially with so high an hand as the crushing or slaying of the Apostles, who were appointed by God to publish it, would have been, was, and would have been very properly, a fighting against God.

The words explain’d, are matter ready prepared for Doctrine and Observation. Only one word (by the way) for Answer to that Question; What authority, weight, or credit, is to be given to that which Gamaliel delivers in this Speech of his to the Councell? Whether may we build upon every thing, or any thing, spoken by him, as authorized by God?

I answer;

1. That there is little question to be made, but that the Spirit of the man, was in speciall manner touch’d and stirr’d up by the Spirit of God, to interpose in the behalfe of the Apostles, as he did; as the spirit of Nicodemus (another branch of the same root) formerly had been, to stand up and speake in the behalfe of Christ, Joh. 7. 51.

2. The principall end and scope of what he spake, being the rescuing of the Apostles from the bloudy Counsells of those who had concluded their death, and were consulting about the execution; plainly sheweth, that there was more of God then ordinary in the thing, especially if we consider further, that he who thus inexpectedly appeared with shield and buckler for the Apostles defence, was of that sect or generation of men, who generally hated and opposed the Doctrine of Christ with more inveterate and viperous malignitie of spirit, then any other.

3. Evident it is, 1. that the intent, end, and scope of Gamaliel in this speech to the Councell, being the bringing of the Apostles from the bloudy rage and violence of men, was good, and agreeable to the will and word of God. And 2. as evident likewise it is, that the speech it selfe, in the whole carriage, and in all the passages of it, is duly, and with all exactnesse of wisdome and prudence, proportioned to the end, and tends in a direct and regular way to effect it. Now whatsoever directly and regularly tends to the effecting of that which is good, must needs be good, and consequently from God. That which is good may occasionally and by some collaterall influence of Providence, be brought to passe, by means that are evill; but in a regular and direct way, it can onely be produced by that which is good. There is no more friendship or fellowship naturally, between good ends and ill means, then is between light and darknesse, Christ and Belial. But

4. (and lastly) There being nothing in all this speech (excepting onely the historicall instances,Interim or aculi instar nobis esse debet, quòd Dei cõsilia nullis hominũ viribus impedere posse, humana vero suá sponte collavi disc [Editor: illegible word] Gual. [Editor: illegible word] 37. in Act. 37. in Act. the truth of which, it seems, was generally knowne among the Jews, and is attested by Josephus their great Historian) but what is fully consonant with the word of God, (unquestionably so acknowledged) elsewhere, the credit and authority of it, for matter of truth, is one and the same with those other Scriptures corresponding with it. What we here learne (saith Gualter upon the place) should be unto us as an Oracle, viz. that the counsells of God are not to be defeated or hindred by any strength of man; but for the counsells of men, they fall, and sink, and come to nothing of themselves.

In the words, there be these six ensuing Points of Doctrine, faire and large, besides many others of a more collaterall and illative observation.

First, From those words, ver. 38. And now I say unto you, Refraine from these men, and let them alone: for, &c. Observe, that it is a point of much wisdome to forbeare the oppression, or suppression of such persons, Doctrines, and wayes, which men have any reasonable cause at all to judge or thinke, that they are, or may be, from God.

Secondly, From those doubtfull expressions of so great a Doctor of the Law, and one that knew how to measure and estimate the Authoritie and weight of a Councell-determination, and besides can no wayes be suspected of any disaffection or preiudicatenesse against such Authoritie, from those doubtfull expressions (I say) of this man, If this counsell or work be of men, &c. And againe, If it be of God, &c. Observe, That the determination of a Councell, or of the major part of a Councell against a way, Doctrine, or practice, is no demonstrative or sufficient proofe for any wise man to rest or build upon, that such a way, Doctrine, or practice, are not from God. The whole Councell, as you heard, this one man excepted, had peremptorily concluded the Doctrine and practice of the Apostles, to be, not from God, but from men, and thereupon were in high consultation to suppresse them, and that by death; yet all this did not satisfie Gamaliel in point of judgement or conscience, he was still but where he was, doubtfull and in suspence with himselfe about the businesse.

Thirdly, From that clause, If this counsell or work be from men, it will come to nought] Observe, that every invention, contrivance, way, or device of man, especially in things either appertaining or pretending to appertaine unto God, in matters of Religion, will in time weare out into nothing and be dissolved.

Fourthly, From the Connexion or dependance between the former and latter parts of ver. 39. But if it be from God, yee cannot destroy it, lest, &c. Observe, That for any man, or men, to attempt the suppression of any Doctrine, way, or practise that is from God, is to fight against God himselfe.

Fiftly, From that significant phrase or expression, of being FOVND fighters against God, ver. 39. Observe, that many, who possibly for the present may conceive and thinke, and that with much confidence, that they fight for God, when the truth comes to an unpartiall and perfect scanning, will be found to have fought against him.

Sixtly, (and lastly) From the importance and weight of that emphaticall particle, even, in the last clause, Lest yee be found EVEN fighters against God; Observe, that fighting against God, is a most dangerous posture or ingagement, for a creature to be taken or found in by God at any time. The dread and terror of such a misprision as this, is the base and ground-work upon which Gamaliel builds the fabrick of that important counsell and advice, which he gives unto his fellows, thoroughout his discourse or speech made unto them.

We shall for the present (passing by all the rest) pitch upon that Doctrine mentioned in the fourth place, the tenor and effect whereof was this; That for any man to endeavour or attempt the suppression of any Doctrine, practice, or way, which is from God, is to fight against God himselfe.

For the sense and true import of the Doctrine, I shall need to adde little beyond what was said, in explication of the words; here we briefly shewed what was meant by fighting against God. I now onely adde this, (which is somewhat more particular) that it is not every degree or kind of opposing a way, Doctrine, or designe of God, which either the text, or the Doctrine calleth a fighting against God; but onely such an opposing which is peremptory, and carried on with an high hand, so that those Agents or Instruments of God, which he hath anointed to hold forth that way, Doctrine, or Designe of his in the world, are not suffered to execute their Commission, but are countermanded either by the Authoritie or over-bearing strength and power of men. It is one thing to oppose, or contend against a Doctrine or way of God, per modum Doctoris, as when a Minister through a mistake or weaknesse of judgement, pleads for Baal against God, preacheth error up, and truth downe, which may befall the best and faithfullest of men: another, to doe it per modum Judicis, as when men will assume an Authoritative power, whether Ecclesiastique or Civill, to suppresse or silence the publishing, practising, arguing, or debating of such wayes or Doctrines, with the judgements and consciences of men. It is true, even this kind of opposing them, is sometimes incident to men otherwise upright in the maine before God: but the children of this contention and contestation against their Maker, must expect to be taught more wisdome and reverence towards him, with briars and thornes. If men fight against God after any such manner as this, upon such termes as if they were Gods too, this will ingage him to take up armes also in his own defence, and provoke him to fight against those, who fight against him. This for opening the Doctrine.

For the confirmation of the truth of it, wee shall not need to cause many Scriptures to labour: the word will be sufficiently established in the mouth of two or three of these Witnesses.Psal. 2. 1, 233. Why doe the Heathen rage, (saith David) and the people imagine a vaine thing? The Kings of the Earth set themselves, and the Rulers take counsell together against the Lord and against his Anointed, saying, Let us break their bands asunder, and cast away their cords from us, &c. Those expressions, of raging, setting themselves, taking counsell together against the Lord and his Anointed, amount every whit as much as to a fighting against the Lord. And what was it, that the Heathen, people, Kings, and Rulers of the Earth, did, or attempted to doe against the Lord and against his Anointed; (meaning Christ) Was it any thing else but to quench that fire, which Christ (as himselfe saith) came to kindle, to suppresse the Gospel, to cut off those wayes of righteousnesse and holinesse from the knowledge and practise of men, which are therein recommended and held forth unto the world? These are the bands, which they set themselves thus to cut asunder, and the cords, which, if it had been possible, they would have cast from them. Saul, Saul, (saith the Lord Christ from Heaven unto him, as he was travailing towards Damascus) Why persecutest thou me? And he said, Who art thou Lord? And the Lord said, I am Jesus, whom thou persecutest, &c. Act. 9. 4, 5. To persecute Christ (and consequenly, God himselfe, who is in Christ, 2 Cor. 5.) imports every whit as much, as to fight against Christ, and somewhat more. But why is Saul here charged with persecuting Christ? What course of hostilitie did he run or practice against him? It is said (ver. 2.) that he desired Letters of the high Priest to Damascus to the Synagogues, that if he found any of this WAY, whether they were men, or women, he might bring them bound to Jerusalem. Whereby it appears, that the precise opposition against Christ, upon which Saul was arrested from Heaven (as we heard) under the termes of persecuting him, was his attempting with so high and bloudy an hand, to destroy out of the world that WAY of worshipping & serving God, which Christ in his Gospel recommends unto, and chargeth upon the world. Men and women were not the precise and formall object of his hatred and persecution, but that way of Christ in the Gospel, which they maintained, practised, and taught, who were persecuted by him. If he could have told how otherwise to have gotten this WAY out of their hearts, tongues, and lives, and consequently out of the world, then by molesting, vexing, and persecuting them, it is not like that he would have proceeded against them, with so rough and cruell an hand. It is said (Revel. 12. 7.) That there was warre in Heaven; Michael and his Angels fought against the Dragon; and the Dragon fought, and his Angels. Whether Michael in this Scripture be Christ himself, (as ancient Interpreters generally carried it) or some prime Angel appointed by Christ, to be as a Generall or Head to his Saints and servants, in those warres and fiery conflicts, wherein they were for a long time engaged against Satan, and his bloudy Agents in the Roman Empire, (as some later Expositors conceive) is not much materiall. But it is here expresly said, that the Dragon and his Angels, that is, the Devill and his Instruments, ignorant and bloud-thirsty-men, fought, viz. against Michael and his Angels, i. against Christ himselfe in those appointed by him to hold forth the way and Gospel of his Kingdome unto the world. But why, or how are they said to have fought against Christ? What was their ingagement or attempt against him? Questionlesse nothing else but the extirpation and ejection of the Doctrine and Way of his Gospel out of the world, by the torments, slaughter and ruine of those who professed them, and by this profession, gave them a speciall subsistence and beeing in the world. For that rule, Doctrine, or way, which is not practised or professed in the world, languisheth, and is little better then dead. I adde but one Scripture more, and then I have done with the proofe of the Point, in this kind. Then cometh the end (saith the Apostle, 1 Cor. 15. 24.) when he (i. Christ) shall have delivered up the Kingdome to God even the Father, when he shall have put downe all rule, and all authoritie and power. Why the end should not be, untill Christ hath put downe all rule, and all authoritie and power, i. all kinds of rule, Authoritie and power; this reason is rendred, ver. 25. For he must reigne, till he hath put all enemies under his feet. I demand, why should all rule, all Authoritie and power, as well Ecclesiasticall as Civill, be looked upon, as enemies unto Christ? What is the enmity or hostilitie they exercise against him? Doubtlesse no lawfull rule, Authoritie, or power, are enemies to Christ, either in their nature or institution, but are confederate with him. It is their degeneration in their exercise and actings, that renders them of an hostile interpretation to him. There is none of them all but is apt ever and anon to be fighting against him, and that by some peremptory and stiffe opposing and suppressing some way, Doctrine, or practise of his, where they have to doe. And this is the quarrell which the Lord Christ hath to the whole fraternitie or association of them; for this he counts them his enemies.

The reasons of the point, which we shall briefly touch, are three:Reason 1.

First, He that attempts or seeks by an high hand to suppress any Doctrine, Way or Practice which is from God, may well be conceived and said to fight against God, because he opposeth, and that with vehemence and might, the will of God, and that in a very considerable act, motion, or desire of it. There is no Way, Doctrine, or Practice, which is from God, but his will stands strongly bent for the propagation and spreading of it in the world.Luk. 12. 49. I am come (saith Christ) to send (or, cast) fire on the earth: and what WILL I, (or, what is my desire, as the former translation had it) if it be already kindled? meaning, that his desire to see the Gospel on foot, to see it well taken, and sufficiently rooted in the world, was so great, that when he once saw it, he cared not how soon he left the world. So Luke 22. 15. And he said unto them, With desire have I desired to eat this passeover with you, before I suffer: meaning that he even longed to erect and found that great Ordinance of the Supper, for the use and benefit of the world in after times, before he left the world. Many other Scriptures there are that speak this over and over, viz. that the heart and soul of God are firmly and deeply set within him, to have such Wayes, Doctrines and Ordinances as come from him, published, maintained, preached, and held forth unto the world. Therefore they who ingage themselves with all their strength, and all their might, to resist this will of his in the accomplishment of it, what do they else but fight against him?

Secondly,Reason 2. Hee that magnifies himself to suppresse, quash, or keep down any way, Practice or Counsell which is from God, proportionably opposeth the glory of God, and doth what in him lies, to keep God from being magnified in the hearts and lives of men, at least as far as that Way, Practice or Counsell which hee seeks to suppress, tends to such a magnification of him. And will this, being weighed in the ballance of the Sanctuary, be found any whit lighter, then a fighting against God? Certain it is, that God hath (as it were) a stock of glory in the hand of every Way, Doctrine and Practice, which he recommends unto the world; yea, in all and every of these, he hath a peculiar designe for the exaltation of his Name. The beauty of the Lord is said to be seen, or to be beheld in the Wayes and Ordinances of his House, or Temple. Psal. 27. 4. There is no way or truth of God, but carries an impression in it of some lineament or other of the glory and loveliness of his face. So again, Psal. 67. The Prophet having (ver. 1.) petitioned that at the hand of God, which (ver. 2.) might make his way to be known on earth, &c. he breaks out (ver. 3.) in this propheticall strain, Let the people praise thee, O God, let all the people praise thee; clearly implying, that the way of God being published, and made known to the world, is that which increaseth the Revenues of the throne of Heaven, raiseth and procureth new contributions of praise and glory from men unto God. So then he that shall rise up to oppose the God of Heaven in any of those methods, counsels or projections of his, whereby he projects the exaltation and advancement of his own great Name and Glory in the world, may in as proper a sense, as the phrase lightly will bear, be said to fight against God; especially, if we consider but this one thing further: that Gods glory is his darling, his unica, his only one, (as David cal’d his life, Eripe à gladio animam meam, à cane unicam meam, Ps. 22. 21.) it is the only life which he lives in the world; it is the only apple that his soul careth to eat of, out of that great Orchard which he hath planted (I mean the world.) Therefore doubtless, he that shall oppose him in his gathering of this fruit, hath the greater sin.

Reason 3.Thirdly, (and lastly) there is in every thing that proceeds or derives its originall or being from another, somewhat of the nature, property, or spirit of that, from which it takes this rise or spring of its being: there is somewhat of the father in the childe, of the root in the fruit and in the branches, &c. In like manner, in every Way, Doctrine or Practice which is from God, there is somewhat of God himself. The very substance, frame and constitution of them, at least that which is operative, quickning and spirituall in them, what is it but a kinde of heavenly composition, the ingredients whereof are the holiness, wisdome, mercy, goodness and bounty of God? and what are these, and every of them, but God himself? Every Ordinance or Way of God, is (as it were) a benigne constellation of these stars unto the world; out of the midst of which he gives a gracious aspect of himself, and communicates those sweet and rich influences of himselfe, light, and life, and strength, and peace, and joy, unto the world. It is said, (1 King. 19. 11.) that the Lord neither was in the strong wind that rent the mountains, nor yet in the earthquake that followed it, nor in the fire that came after that; but after these there came a still voyce, wherein it is implied, that the Lord was. The meaning is, that God had neither prepared or intended, either the wind, earthquake or fire, by, or out of which to impart himself unto his Prophet Elijah; he had only prepared and sanctified the still and soft voyce for such a purpose as this; and therefore he is expresly denyed to have been in any other, and consequently supposed to have been in this. In such a sense or manner as God was in this still voyce, he is in every Way, Doctrine, and Ordinance of his; in, by, and out of all and every of these, he communicates and imparts himself graciously unto the world. Therefore whosoever shall fight against any of these, by seeking to supplant, suppress, or keep them down, that they may not run and be glorified in the world, what do they else, let this work and course of theirs be truly interpreted, but fight against God himself?

We have done with the Reasons of the Doctrine; we shall conclude with somewhat by way of use and application.

First, by way of Instruction: If to attempt the suppression or keeping down, any Way, Doctrine, or Practice which is from God, be of no less concernment, of no safer interprepation then a fighting against God, then certainly it is the greatest imprudence or improvidence under heaven, for any man, or rank of men whatsoever, to appear, especially in any high-handed opposition or contestation against any Way, Doctrine, or Practice whatsoever, untill they have proof upon proof, demonstration upon demonstration, evidence upon evidence; yea, all the security that men in an ordinary way (at least) are capable of, that such Wayes or Doctrines only pretend unto God as the Author them, and that in truth, they are not at all from him, but either from men, or of a baser parentage. For what do men by such a practice and ingagement of themselves as this, but run an apparent hazard, of dashing their foot against that stone, at which Paul stumbled, (when time was) yea, and without the highest hand of mercy that was ever lift up to save a mortall man, had been utterly broken to pieces by it?Acts 9. It is a hard thing for thee (saith the Lord by a voyce from heaven to him) [Editor: illegible Greek words], to kick or dash thy self against sharp goads or nails, made of Steel or Iron, (for so the word signifies) meaning, that his undertaking, or setting himself with such violence, to suppress that Way which Christ had a purpose to advance and set up in the world, was an enterprise of the sorest and most grievous consequence and portendance to him, in the nature of it, that ever he could have lift up either heart, or head, or hand unto. Who ever hath been fierce against him (saith Job, speaking of God) and hath prospered? Job 9. 4. He that is fierce against any Way or Doctrine which is from God, makes a covenant with sorrow and trouble, which is like to stand. And (to make the best of such a doubtfull and blind ingagement) put the case that that Way or Doctrine, which men shall prosecute with so much violence and fiercenesse of spirit, shall in conclusion be found to have been mistaken, erroneous, and not from God: yet,

1. In this case men shall but offer the sacrifice of fooles, a kinde of sacrifice, wherewith God is not delighted. The Athenians worshipped the true God, as appeares by those words of the Apostle unto them, Act. 17. 23. Whom yee then ignorantly worship, him shew I unto you;Rom. 10. 1. and yet were Idolaters notwithstanding. The same Apostle bears record unto his Country-men the Jews, That they had the zeale of God; but this zeale of theirs not being according to knowledge, in the prosecution of it, they neither pleased God, and were contrary to all men, forbidding the Apostles to preach unto the Gentiles, that they might be saved, to fulfill their sins alwayes; because wrath was come upon them to the uttermost, 1 Thes. 2. 15, 16. The beast under the Law, though it were a first-born, yet was not to be sanctified or offered unto the Lord, if it were either lame, or blind, Deut. 15. 19. 21. Nor was any man, though of Aarons seed, admitted to serve at the Altar, that had any blemish or imperfection of blindnesse on him, Levit. 21. 17, 18. God regards no mans zeale without knowledge, though it should pitch and fasten upon things never so agreeable unto his Will: nor doth he care that his enemies themselves should be destroyed, but upon lawfull triall and conviction.

Secondly, whatsoever Doctrine or Way is recommended and tendered unto men in the Name of God, whether either the one or the other be from God or no, yet he expects from men (as well he may) that reverence and regard unto that great Name of his, wherein such things are brought and tendered unto them, that they should be diligently considered, and due proofe and examination made, whether they be from him, or no, before they be rejected, and much more before opposed. And certainly men do but pollute and prophane that ever-blessed Name of God, by making refuse, yea, abomination (as many do) of such things as are brought unto them in that Name, before they know upon any considerable grounds or terms of knowledge, whether the things be indeed from God or no; yea, though the things thus rejected, should at last be found worthy of no better entertainment, as having no agreement with God or his Word. The event or issue in this case, though it should fall out to be the best for such men, will very little ease or qualifie their sin. Shall not that wicked tyrant and enemy of God, Eglon, Rise up in judgement, and condemne that generation of men we now speak of, who, when Ehud only signified that he had a message from God unto him, did not presently reject the message before he knew it, or fall foul upon the Messenger, but (as the Texth saith, Judg. 2. 20.) arose up from his Throne, addressing himself in that deportment of Reverence to receive it?

Thirdly, (and lastly) It is extreme madnesse in men, to run the hazard we speak of, I mean, of fighting against God, in seeking to suppress such wayes or courses as they are not able to demonstrate, but that they are Wayes of God indeed, because, in case they be not the Wayes of God, he himself will give testimony from Heaven against them in due time, hee will suppresse and scatter them, and bring them to nought; and then there will be no danger for men to reject and abhorre them. Dearely beloved (saith the Apostle, Rom. 12. 19.) avenge not your selves, but give place unto wrath, i. unto the wrath of God, whose just avenging hand is lift up against those that wrong you, and deal unjustly with you, and is ready to smite for your sakes; as it followeth: For it is written, Vengeance is mine: I will repay, saith the Lord. It were great folly in any man, to expose himself to the just offence and displeasure of God, by seeking to right himselfe in an angry and revengefull manner upon him, whom he certainly knowes hath injur’d him, God himself being ready with the stroke of justice to do him right, and to avenge him on his adversary, though he himself should be patient and sit still. But it would be a point yet of seven-times greater folly then so, for a man to fall foul in a way of revenge upon an imaginary adversary, and who (at most) can only be supposed or suspected to have done him wrong, considering that God who is an infallible discerner and Judge of injuries and wrongs, and with all a just Avenger of all such things, will shortly appeare for his full vindication, in case he hath been wronged indeed. Nor hath any man cause in this case to feare, lest; whilest the grasse grows, the steed should starve, (as the Proverb is) I mean, that the person injured, whether really, or in supposition only, should suffer losse, by possessing his soul in patience, untill the day of Divine recompence and vengeance shall come. For God certainly will give full and ample consideration for all forbearance and long suffering of men, wherein, and whereby the rights of his Throne are tendered and maintained. It were no lesse then an exaltation of folly in any man, to expose his own life to the stroke of justice, by assaulting the life of a malefactor whilest he is going to execution.

Again, secondly, (by way of Instruction) If to attempt the destruction or suppression of any Doctrine, or Way, which is from God in so high and peremptory a manner, as was formerly expressed, be a fighting against God; take we knowledge from hence also, what sin by name in all likelihood (at least) and with highest pregnancy of conjecture, it is, which ever and anon thus separates between God and us, which still troubles our proceedings, and makes the Sun of our peace to go so often backwards in the Heavens thereof. Is there not a fighting against God amongst us, as well as a fighting for him? And do wee not pull down by the one, what we build up by the other? Are not the hearts, and the heads, and the hands of far the greatest part of men amongst us, ingaged, and that to the highest of all bitternesse, hatred, and enmity, against that Way of ordering the things of Gods worship, and of governing his Churches and Saints, which hath been, and still is, held forth in his Name unto this Nation, by some Ambassadors and Messengers of his, of a very choyce anointing, and indued with strength from on high, (many of them) as it were on purpose to stand by some such Way or counsell of God, untill it had throughly taken the hearts, and judgements, and consciences of men; besides many thousands more, and those (for the most part) of the best and choycest servants of God amongst us? Is not this WAY blasphemed and spoken against; yea, is not the destruction and ruine of it, with the grinding of the faces and breaking of the bones, with the suppression and crushing of those that hold it forth unto us, consulted, studied, and attempted by some that would be thought Pillars and prime men in the House and Temple of God? And have they not a great vote of the generality of people, who know little of God, or his Wayes, concurring with them, to strengthen their hand herein? May we not say of this WAY, as the Jews sometime said unto Paul, concerning the Doctrine of Christ which he preached, with those that professed it;Act. 28. 22. We know that this Sect is everywhere spoken against? Act. 28. 22. So then in case it ever shall appear, or be found to be a WAY of God, we are in a Præmunire for the present, and have forfeited our peace, help and comfort in God, as touching deliverance from our present dangers and miseries, by this our fighting against him. I presume you will all readily acknowledge and confesse, that if there be such a sin ruling and raigning amongst us, as fighting against God, this of all other, is like to be the Achan, the Troubler of our Israel; that betrays our armies, our faithfull and valiant men into the hands of their and our enemies, and that makes us ever and anon, retrograde in our motions and tendencies towards rest and peace.Job 9. 4. Who ever hath hardened himself against him (saith Job, as wee heard before) and prospered? If this be but granted, it is enough to demonstrate our case and condition to be very dangerous and doubtfull, at the best: For whether that WAY we speak of, which is so generally troden and trampled upon like clay and mire in the streets, as well by the foot of ignorance and prophanenesse, as of learning and better accomplishment, be the WAY of God, or no; most certaine it is, that all the wit, wisdome, parts, learning, judgement, that have encountered and opposed it hitherto, have not been able by any demonstrative or concluding proof, to overthrow that title or claim which it maketh unto God as the Author and Founder of it. Therefore unto me it is a thing of the saddest consideration under heaven, and of more grievous portendance unto us, then any thing else, (as far as I am able to discern) that we should hang the great weight of the peace and safety of a whole Nation, all our hopes and expectations of help and assistance from God in our greatest extremities, upon the brittle pin of so doubtfull a disputation, as that which is maintained, and yet depending, between the one WAY and the other. For in case that WAY against which the spirits of men are so generally and fiercely bent, shall at last be found to be the Way of God, we are all this while look’d upon from heaven as fighters against God, and so have as good as given hostages to our enemies, that wee never mean to prosper, or do any great thing against them. Whereas, if men would but follow Gamaliels counsel in the Text, and refrain themselves for a season from laying either violent hands, or tongues upon this Way, untill God had either untied, or cut the knot, till he had given sentence against it, the doubtfulnesse of the disputation, need not, would not be prejudiciall in the least, either to our present proceedings, or future peace: and men do but make themselves wise above that which is written; yea, above that which is either Reason or Faith, to think, or speak otherwise.

If it be objected, that Reformation suffers and loseth time, because that Way is not yet hedg’d up with thornes, but men are suffered to walk in it.

I answer, First, If the Way be one of those VVayes which call God Father; Reformation indeed suffers, and loseth time, but not because this way is not hedg’d up with thorns, but because it is not laid more open, because it is not repaired and made more passable by the favour and countenance of men in place, whether Ministers or others; that so the people of God, whose hearts are towards it, may walk therein without feare.

2. That reformation (so called) which is the apple of so many eyes, and the joy of so many hearts, needs suffer nothing, nor lose an hours time, though the Way we speak of, be occupied in peace by those, whose feet by the light of Gods Word and Spirit (at least as they conceive) are guided into it. For what doth the poor Flie sitting on the top of the wheel to hinder the Waggoner from driving on his way? If the residue of the Nation be subjected to this Reformation, the Nation it self may be said to be reformed (according to such a denomination, as this Reformation will afford) notwithstanding such a number of persons (comparatively so inconsiderable, I mean, as touching their* number) as adhere to this Way, be not concluded in it. During the regency of Prelaticall extravagancy, there were many Non-conformists; yea, severall Congregations of people in the Land, who openly disclaimed and protested against that government; and yet the Nation was look’d upon as Episcopally reformed, notwithstanding. The irregularity of the mountains and valleys in the surface of the earth, troubles no mans opinion concerning the perfect roundnesse of it, because it is swallowed up into victory by the vastnesse of the globe. John saith, that this whole world lieth in wickednesse,1 Joh. 5. 19. notwithstanding a remnant who were born of God. The gleanings of Independency (so called) will not hinder the vintage of Presbytery.

3. If a complete Nationall Reformation be indeed the Garland or Crown that is contended for, let but Presbytery bestir her self, and act her part within her Jurisdiction, with as much diligence, wisdome and faithfulness, as the Congregationall Way will undertake to act hers amongst her Proselytes; and there will not be the least occasion to feare, but that the whole and entire body of the Nation will shine with the beauty and lustre of a perfect Reformation. If this Way shall be found tardy, or loose, and not to keep pace with her sister in carrying on the work of Reformation, even her enemies themselves being Judges, let her suffer; yea, let her with her children be cast out of doors. Therefore it is but a frivolous and putid slander cast upon her, when she is charged with enmity to Reformation: But,

4. (And lastly) I would gladly know, what, or what manner of Reformation can reasonably be expected, or hoped for, without her. Such a Reformation, as that whereby that Angel of darknesse, Satan is reformed,2 Cor. 11. 14. when he is transformed into an Angel of light (as the Apostle speaketh) is no reformation of desires: open loosenesse and prophanenesse reformed into Pharasaicall hypocrisie, brings in little to Religion. For what saith our Saviour of such a Reformation as this? Verily I say unto you, that Publicans and Harlots go before you into the Kingdome of God.Matth. 21. 31. If then such a Reformation as this should take place, it is much to be feared, that when the Genealogie of it shall be sought, it will be found to be of the house and linage of that Reformation, which the Scribes and Pharisees attempted in the world,Matth. 23. 15. when they compassed Sea and Land to make one Proselyte; and when he was made, they made him twofold more a childe of hell, then he was before; yea, then they were themselves; Or, what is the Reformation, wherein the Way wee speak of, cannot be admitttd to have either part or fellowship? Will it take the members of an Harlot, and make them the members of Christ, whether either Christ, or such members themselves, will or no? Or will it undertake to reconcile darknesse with light, to settle a communion betwixt Christ and Belial, to throw down the partition wall, and make the Wildernesse of the world the Garden of God, the Church and the world enter-commoners? Or what is the glory or greatnesse of the design of it, that the Congregationall Way is counted unworthy to be so much as a stander by, and to behold it? Will it lift up its hand, to quash and crush, to break the hearts and bones of the one half of the most religiously affected, and best conscienced people in the Land, for trading in Apes and Peacocks, for holding some erroneous opinions (perhaps erroneously so called) as if it self were the Lord of infallibility, and had a non esse errare settled by God, as an inheritance upon it? I professe ingenuously, that when I put my self into a posture of the greatest indulgency I am able, to consider of the reformation so much spoken of, and even conflict with my spirit, to forme and cast the possible effects and fruits of it to the greatest advantage, I am not able to apprehend any thing desireable likely to come of it, either in respect of a civill, or religious accommodation unto the Nation, above what might be expected, and that upon terms of a far more promising hope, from the other Way which indureth so much contradiction from men. But I apparently foresee many inconveniences, and those not of a light or contemptible importance likely to attend it, for which no place would be found in the other Way. Particularly, it is to me in stead of all arguments and demonstrations, that no Reformation is according to the minde of God and of Jesus Christ, which is destructive to the edification of the Saints, and directly impeding their growth in grace, and in the knowledge of the Lord Jesus Christ. And whether such a Reformation (if yet it be lawfull so to call it) which injoynes the Saints to sit under, and hold themselves to such Pastors, with whom their hearts cannot close in that relation with any tolerable satisfaction, nor yet are capable of his Ministery, or any edification by it, be not under that condemnation, I leave to men that have not sold themselves under partialitie, to judge and determine.

If it be said, but men shall have libertie to choose what Pastor they please, and to sit under what Ministery they desire, if they will but choose their dwellings accordingly. I answer:

1. There may be (and I beleeve are) many of a rich anoynting from God for the work of the Ministery, and much desired by a considerable number of godly persons, in Pastorall relation, who must say their consciences nay, to accept of a Parochiall charge. In this case the change of a mans house will doe nothing towards the blessing of his soule; if such a Reformation, as most mens thoughts run upon, should be established.

2. All the dwellings within the Parochiall line, relating to the Pastor that is desired, may be fill’d with Inhabitants already; and so there is no place, or possibility (at least for the present) for him whose soule longeth after that Pastor, to enjoy him: and when, or whether ever whilest he liveth, the door now shut against him will be open, no man knoweth.

3. Many times the situation and conveniency of a mans present dwelling for trade, imployment, &c. is such, that he cannot remove, but at the perill of his estate, and ruining himselfe and his whole family. And how they, who shall compell men, either to sacrifice their peace, comfort, and subsistence in this present world, or else run the hazard of losing a subsistence in that which is to come, will answer it either before the righteous God, or reasonable men, is above my apprehension.

4. This liberty of choosing Pastors only by choosing houses, is so conditioned, that it smiles only upon the rich, (and that but somewhat faintly neither) but frowns upon the poor; and so is partiall, and therefore not Christian. He that hath enough of that, which (as Solomon saith) answers all things,Eccles. 10. 19. may probably be able to accommodate himself within the precincts of what parish he pleaseth, in point of dwelling; as either by buying out some Inhabitant, or by purchasing ground, and building upon it, or the like; but the case of the poor man is many times such, that he cannot tell where to finde another hole in all the world to hide his head in, besides that wherein it is hid already. So that this liberty of choosing a Pastor, being nothing else, if plainly interpreted, but onely a liberty of choosing such or such a Parish determinately to dwell in, is little better then a meer collusion, in respect of those that are poor, and (indeed) rather an upbraiding of them with their poverty, then any gratification of them with a liberty.

5. (And lastly) such a liberty as this we now speak of, were it more valueable then it is, no gratuity, benefit or blessing of that Reformation so importunely demanded and pressed for by many, being nothing else, but what was every mans permission and enjoyment under the iron rod of Episcopall tyranny. I am more beholding to every man that comes neer me, for not taking away my life, then I am to any Reformation whatsoever, for giving me liberty to choose my Pastor upon such terms. This for answer in full to that undue charge against the Congregationall Way, wherein it was attainded of inconsistency with, and enmitie against Reformation.

The following marginalia text is unreadable and Liberty Fund has made no effort to partially transcribe it.A second objection levled against it, and all sufferance of it, by those that are adversaries to it, is, that if it be permitted quietly to walk up and down amongst us, and not be suppressed, it will soon make the Land unquiet, fill the Land with troubles, tumults, divisions, distractions, dissentions, discontents, confusions, in City, in Countrey, in relations, in families, and where not? To this also I answer.

1. That peremptorinesse and height of confidence in an accuser, is no signe at all of reality or truth in the accusation. Wee know (say the Jews concerning Christ) that this man is a sinner,John 9. 24. Joh. 9. 24. And again, Joh. 8. 48. Say wee not well, that thou art a Samaritan, and hast a Devill? And yet for all their knowledge, and confidence of well-speaking, the Lord Christ was never the more either a Sinner, or a Samaritan, or had a Devill. The Way we speak of is never the neerer the guilt of those things that are charged upon it, because her accusers bewray so little tendernesse or hesitancy in drawing up their charge.

2. Nor is the tragicall dresse or pointed stile of an accusation any demonstrative proof of a guilt commensurable thereunto; no, nor yet of any proportion or degree of guilt at all. Want of crime and delinquency, either in things or persons, which are accused, many times makes a greater noyse in the accusation, then a reality or fulnesse of guilt would do. Innocency hath begotten the rankest and fiercest accusations that ever were managed by the tongues or pens of men.Psal. 62. 4 Thou lovest all devouring words (said David) O thou deceitfull (or, false) tongue. They that accuse either upon knowledge or feare of little or no guilt in the accused, still labour to lay on accusation enough, lest nothing otherwise should be beleeved by the Judge. That mount of accusation which is raised so high against the Way we now maintain, doth not at all prove that there is any thing in it that deserves battery.

3. There is no substantiall reason at all can be given, why this Way should occasion troubles, divisions, discontents, or the like, above the rate of that other Way, which so much magnifies it selfe against it; except (haply) this, that it hath more of God and Christ in it, then that other: and then it is no marvell if it be more offensive, and troublesome to the world. But suppose both equally interessed in this, I affirm and undertake to demonstrate, that in the nature, frame, and constitution of it otherwise, it is every whit as gentle, sweet, complying and accommodating, and no whit more threatning or portending troubles or distractions, then the other; yea, that in all such considerations as these, it hath the preheminence: For,

1. It seeketh not, it attempteth not the molestation, harm, or disturbance of any sort of men that are contrary-minded to it; it thinketh no evill, it speaketh no evill of such: if it conceives them upright and faithfull with God and Jesus Christ, it imbraceth them with all love, tendernesse and honour, as partakers of like precious faith with it self; and nothing doubts, but that they serve and worship God with as much sincerity and singlenesse of heart, and are accordingly accepted by him in their Way, as it selfe.

2. If God should please to give it favour in the eyes, and interest in the hearts of the powers of this world, it thinks it very un-Christian and unworthy, to arme it selfe with this interest, to fight against the peace of the consciences of other men. If any of this Way have miscarried in any of these particulars, they have done it as men, and not as children of this Way; the principles of their Way taught them better things. And why, or how a Way, baptized into no worse, or harder spirit then this, should come to be arraigned, as a troubler of State, or strife-maker, a dissention-breeder amongst men, except it be by a spirit of contention and strife indeed, is to me a thing incomprehensible. Neverthelesse, it is no new thing, that both the wayes and servants of God should be charged with such crimes and demerits, not onely whereof they are wholly innocent and free, but which have a speciall contrariety to some such grace or vertue, wherein they have a remarkable and choice preheminence above others. Thus Joseph, the great mirrour of chastity, was accused of Adultery, Gen. 39. Moses, the meekest man upon earth, of ambition, and self-assuming, Numb. 16. Elijah of being the troubler of Israel, 1 King. 18. who was the Chariot and Horse-men of Israel, to defend it, 2 King. 2. The Lord Christ himselfe, in whom the God-head dwelt bodily, of having a Devill, Joh. 8. and so of being an enemy unto Cesar, when as it was, and is he, by whom Kings reign; with many the like. Therefore however it may seem strange that a Way of God, which is eminenly set, strongly bent, and (in a manner) every wayes calculated for peace, should suffer in the tongues and thoughts of men as a disturber of States, and sower of dissentions amongst men, yet is there nothing in this, but what hath been acted, and that over and over upon the Theatre of the world formerly.

If it be here replied and said; Yea, but experience riseth up, and confirms the truth of that accusation and charge against the Way you speak of, which you would wipe off; this shews and proves against all deniall and exception, that where your Way is entertained, Congregations are torn, families rent, relations distanced and divided, &c.

I answer, first, that Aristotle long since observed, that [Editor: illegible Greek words], was a very frequent Paralogisme or mistake amongst men, nothing is more ordinary then for men to range consequents and effects under one & the same notion, especially where the disproportion of causality is not very notorious and broad. A man in reason can hardly think, that any man, compos mentis, (as we use to say) should be so defective or weak in his intellectualls, as to think that the building of Tenderton Steeple, should be the cause of Goodwins Sands, only because these sands were never known to be before the building of that Steeple; yet old Mr. Latimer relates the Story in one of his Sermons, and improves it to very good purpose: By such a form of arguing as this, Judas his betraying his Master, should have been the effect of the womans powring out that box of oyntment upon his head, mentioned Mat. 26. 7. For he never betrayed him untill this oyntment was powred out upon him; and immediately after, he did. The Way we speak of, is never the more any cause of troubles, dissentions, or divisions, because troubles, dissentions and divisions, many times follow upon the embracement and entertainment of it.

2. If troubles or divisions were the proper effects of this Way, then the more, and more generally it were taken up and practised in a familie, Citie, or Countrey, the more troubles and divisions there would be. Effects are still found in proportion to their causes, where nothing interposeth to hinder it. But where it is generally assented and submitted unto, whether in families, relations, or otherwise, there is as much unitie, love, and peace, (as touching matter of government) as where Presbyterie hath its highest throne. Therefore the reason why troubles and divisions sometimes accompany it, is not because it is intertained, but because it is not intertained sufficiently, or with that generalitie of consent, which is desireable.

3. When troubles and divisions are occasioned in relations, families, Congregations, &c. by the meeting together of two opposite wayes, why should the one way be still burthened and charged with the occasion of such troubles, and the other acquitted, there being no ground or reason at all, why either that which is acquitted, should be judged more innocent; or that which is charged, more obnoxious or peccant, in this kind. Nay,

4. If matters were duly and fairely examined between the two Combatants in this case, the Way we plead for, would be found via lactea, the candid, harmlesse, and peaceable way and her corrivall or competitresse, via sanguinea, the trouble and strife-making way.Prov. 13. 10. Onely by pride (saith Solomon) cometh contention. Surely that way which commandeth homage and subjection unto her from all her fellowes, and threatens to breake them all in pieces like a potters vessell with a rod of iron, if they will not bow, and deny themselves for her sake, is the way of pride, and so of contention, (according to Solomons Logique) not that which is gentle, and easie to be entreated by all others, claiming no superioritie or jurisdiction over any. If there be any clashing or unkindnesse between the two wayes, Independency (so called) and Presbyterie, when they meet together, either in a relation, familie, &c. the very complexion of the latter bewrayes that to be still the foundresse of the quarrell. To me it is a wonder of the first magnitude, how men come to have so much ground of hope as to set their foot upon, of composing differences and distractions, of setling peace and love throughout the Nation, by exalting one way of Discipline, of Church-Government, for the treading downe and trampling underfoot all others.Esa. 9. 21. If Ephraim be against Manasseh, is it any wayes like but that Manasseh will be against Ephraim? And God himselfe prophecying of Ishmael,Gen. 16. told his mother, that he would be a wild man: and that his hand should be against every man; and every mans hand against him. Undoubtedly that way, whose hand shall be against every way, will find that the hand of every way will be against it: and then what manner of peace can reasonably be expected under the predominancy of such a way? That way which shall be able to out-reason, not that which shall out-clubbe all other wayes, will at last exalt unitie, and be it selfe exalted by gathering in all other wayes unto it.Prov. 12, 27. Solomon tells us, that all that is taken in hunting, is not alwayes roasted;Prov. 20. 21. and that an inheritance may be hastily gotten, and yet the end thereof not be blessed:Hab 2. 12. and the Prophet Habakkuk denounceth a woe against him that shall build a towne with bloud. But,

5. I would gladly know what the plaintiffe in the objection means, by distractions, rents, divisions, in relations, families, Congregations, &c. If he means onely this, that the father goes to heare one Minister in one place, and the son another Minister, in another, and that some within the same parochiall line goe to this Minister, or are members of this Church, others to another Minister, and are members of another Church, and the like, &c. I answer, That in this case, I know no more occasion, (at least no more necessitie) of any distraction, rent, or division, then when the father being free of one Company, as suppose of Merchant-taylors; shall still upon occasion of the meeting of this Company, repaire to the hall belonging to it; and the son being free of another, as perhaps of the company of Grocers, shall upon the like occasion repaire to the hall appertaining to them. Who knows not that the members of all the severall Companies in London, dwell scatteringly and promiscuously up and downe the Citie, with the greatest irregularitie of intermixture that lightly can be, and without any observation of their relations to their respective Companies, sundry members of twenty severall Companies (it may be) inhabiting within one and the same parish; and yet without any complaint or inconvenience of rents, distractions, or divisions? Or if by rents, distractions, and divisions, he means distances or alienations in affections; nor can these with any face of reason be charged upon that way, whose cause we plead; because it is a maine principle and maxime in this way, to hold terms of love and Christian correspondence, with all persons of what judgement soever in point of Government, if they be godly, as well as with her owne children (as hath in effect been argued formerly.) But in this case the Roman proverb (it seems) must be verified; Æmilius fecit, plectitur Rutilius. Or 3. (and lastly) if by rents, distractions, &c. he means, the shaking or troubling of mens judgements, raising doubts or scruples in mens consciences concerning the way they went peaceably in before: I answer, 1. That if they were built upon sure and cleere foundations in their former way, there is not the least ground or reason why they should be troubled or shaken in their judgements, because they see another way acted and practised by others: or 2. if they were but at peradventure in their former way, and it was not the knowledge, but the ignorance of the truth, that both put them into it, and kept them in it, they have no cause to complaine of being awakened out of so sinfull and dangerous a sleep, though it were never so sweet and pleasing to them. But,

6. (and lastly) Suppose that all which the objection chargeth upon the way we speake for, be granted for truth, that where this Way comes and is entertained, Congregations are torne, families rent, relations distanced, &c. Yet this maketh much more for it, then against it; because such figures and characters as these, are the knowne impressions of the Gospel upon the world, where it comes in power,Luk. 12. 51. &c. and is entertained in truth. Thinke yee (saith our Saviour) that I am come to give peace on earth? I tell you, nay, but rather debate. For from henceforth there shall be five in one house divided, three against two, and two against three. The father shall be divided against the son, and the son against the father: the mother against the daughter, and the daughter against the mother: the mother in law against her daughter in law, and the daughter in law against her mother in law. Nor is it to be conceived that these divisions in relations and families, foretold by Christ, as the common and ordinary effects and consequents of the Gospel (for in different respects they may be either) are to be limited onely to such either relations or families, wherein the ground or occasion of the division should be, the receiving of the Gospel in the maine truth and substance of it by the one partie, the other partie absolutely rejecting it, as if they were onely to take place in such cases as this; but they are to be extended to such both families and relations also, where some particular and speciall points or truths of the Gospel are intertained by one partie, and rejected by another, though both agree as well in the beliefe, as in the Profession of the Gospel in the generall. Experience shews that rents & divisions take place in both, as well, yea, and that with as much heat and distemper of affection, in the latter case and upon the latter occasion, as in the former. Now if the question in this latter case be, Whether the occasion of the division be rather to be imputed to the truth held and practised by the one partie, or to the error held and practised in opposition to the truth, by the other: The answer is, that where all were before bound up in unitie and peace, by a common band of error, there the occasion of the division must needs be imputed unto the truth comming amongst them. Therefore were it granted, that the way so much contested against, did indeed occasion, rents, divisions, distractions, in relations, in families, in Congregations where it comes, this would rather turne unto it for a testimony, and assert its originall from God, then otherwise: The Gospel it selfe works no otherwise then thus, where it is preached and intertained. And as Aristotle supposeth, that in case any piece or fragment were broken off from the maine body of the Heavens, it would move circularly, according to the naturall motion of the maine body; in like manner any particular opinion or practise which moves, acts, and works, according to the manner and tenor of that motion, acting, and working, which are genuine and proper to the Gospel, is so much the more likely to be a parcell or branch of the Gospel: but however, such a moving, acting, and working as this, can with no semblance or colour of reason, be drawn into any contrary interpretation, or be made an argument of the nonconformitie of it unto the truth.

A third objection against that way whose condemnation outruns her triall day and way, in the world, is; that it opens a doore to all errors, heresies, and unsound opinions, yea to all loosenesse and prophanenesse, and consequently it cannot but be a thing displeasing unto God, and so prejudiciall to the peace and safetie of the Nation, if it should be tolerated, or practised amongst us. But to these things also full and clear answers are not wanting. For,

First, it being certain that error cannot be healed or suppressed but by the manifestation of the truth, as darknesse cannot be destroyed or removed but by the shining of the light; that way which affords the greatest advantages and the best incouragements unto men, both for the searching out, and bringing forth into light the truth being found, must needs be so farre from opening doores unto errors, heresies, unsound opinions, &c. that it steers the most advantagious and hopefull course that lightly can be taken, for the evicting, and consequently for the suppression of them. I need not adde, that it is the congregationall way (and this onely amongst all its fellows) that rejoyceth in the method of this warfare and advance, against those enemies of God, and Religion, errors and heresies. And,

Secondly, for the way sir-named Presbyterian, which conjures all mens gifts, parts, and industrie into a synodicall circle, and suffers them onely to dance there, as it may possibly shut the doores against some errors and heresies, which were not like to stay long, in case they should enter under the other way; so it is in every whit as much possibilitie and danger, of shutting the doore upon, and compelling such errors and heresies as are alreadie gotten in, and otherwise have a mind to be gone, to stay by it, and so to infest and annoy the truth, and peace of the Churches of Christ, against their wils. But,

Thirdly, I would gladly learn of the sons of this objection, how, which way, or in what respect the way so much objected against, commits this folly-deed of opening a doore unto errors and heresies. Certain I am, first, that this way hates both the one and the other with as perfect an hatred, as her competitresse doth. Secondly, I fully beleeve, that this way is as diligent, faithfull, and industrious to slay these enemies of Christ by the sword of the Spirit, (which is in speciall manner consecrated for such executions) as the other way. Thirdly, if the error be dangerous, amounting to, or neer an heresie, after two or three admonitions (that is, according to her warrant from Heaven) she casts it out of the line of her communication, unto him who cast it in (I mean, Satan.) If to hate errors and heresies, to preach with all diligence and faithfulnesse against errors and heresies, to excommunicate errors and heresies, be to open a doore unto error and heresies, then must the adversaries of the way whereof we speak, be justified in their accusation of her: otherwise they speak at the utmost perill of their reputations, when they lay such things to her charge.

If it be here replyed and said; Yea, but all this notwithstanding, the way you plead for, is but feeble-handed, for the suppression of errors and heresies; because these, though hated, preach’d against, and cast out of the Church by excommunication, may yet live and gather head again in the world, except error and errant be further restrained by a secular hand, and heresie and heretique put to silence together in the grave. And this, which is the most, if not the onely effectuall means to preserve the wheat from those tares, the way of your desires exerciseth not, nor yet approveth.

I answer: first, we presume that Prisons and Swords are no Church-officers, nor any appurtenances to any Ecclesiastique authority in what form of Government soever.

Secondly, we suppose that the Lord Christ so far tendered the spirituall safety and peace of his Churches, as to leave them sufficiently furnished, and every wayes appointed with internall provisions, for the effectuall procurement and preservation of them, without any concurrence of any heterogeneall or externall power, Especially considering, that he fore-saw, that these Churches of his, for the space of three hundred yeers together, and somewhat more (during which terme he knew likewise that they would continue in their greatest puritie, and perfection of love and loyaltie towards him) were not like to have any accommodation at all in this kind from any secular or civill power.

Thirdly, though the Churches of Christ, during this period of time wherein they had no comportance with any secular arm for their preservation either in this or any other kind, were not wholly free from errors and heresies; yet did they quit and defend themselves against the danger spreading and troublesomenesse of them upon better terms, and with farre better successe, then they were able to do afterwards, when they had an arme of flesh and a sword in it, to assist them. Note this.

Fourthly, if persons delivered up unto Satan by the Church, whether for Error, Heresie, or other crime, were presently to be cut off by the secular Sword, all opportunitie for the effectuall and saving work of that ordinance of Christ upon the persons so delivered up, would be cut off also. The Apostle, 1 Corinth. 5. 5. expresly affirms the end of Excommunication or delivering up unto Satan, to be the destruction of the flesh, that the spirit may be saved in the day of the Lord Josus. And 1 Tim. 1. 20. he saith, that he had delivered Hymeneus and Alexander unto Satan, that they might learn not to blaspheme. Now as naturall medicines and physicall receits, must have a time to work, before they can in an ordinarie course of providence produce their most proper and desired effects; in like manner the ordinances and means which the Lord Christ hath graciously appointed for the everlasting salvation of the precious souls of men, must, according to the nature and condition of their respective workings, and the tenor of Gods providence observed for the time of his falling in with them to make them effectuall, have their full and just allowance of time given and permitted unto them, to work upon men effectually. And whosoever shall limit or straiten the providence of God, in this kind, by any hasty or violent taking away a soul from under the influence and working of any ordinance of Christ appointed for his salvation, before the blessed work of Repentance be accomplished in him, will be arraigned before the tribunall of the living God, as accessarie to the blood of that soul, except he can shew a better warrant from God for such an action, then I know any. And God himself having no where prescribed or limited any determinate or set time, within which he intends to make the sentence of Excommunication after the passing of it by the Church, effectuall to the saving of the soul, or otherwise never to do it, I conceive it can be no lesse then an act of high presumption in any man to undertake any such prescription or limitation. As God by the voice of the Gospel calls some at the third and sixth houre; so he cals others at the ninth,Matth. 20. 6. and some at the eleventh houre: and why may he not work savingly, by the sentence of Excommunication with as much libertie, and difference in respect of time? And this sentence being the last and utmost means which God is like to afford a poore hardened, impenitent soul for the eternall peace and salvation of it, how can it but be conceived an act most unworthy of Christian bowels, to cut him off from this also whilst God is pleased to spare him? If it be here objected and said, But if an heretique be suffered to live, he is in danger of infecting others, and destroying them eternally I answer: first, so is a drunkard, a fornicatour, a swearer, a covetous person, with the like; the lives of all these kinds of sinners are of as dangerous a consequence in respect of infecting, yea and of destroying the souls of others, as the life of an heretique is: and yet no man (I presume) judgeth this a sufficient ground why such men should be punished with death. Secondly, as for those that are within the Church, they are not capable of any communion or commerce with an Heretique that is cast out by Excommunication, and so are not in danger of being infected by him: and for those that are without, these are infected already with a disease every whit as mortall, as any heresie, I mean unbelief. So that infection which heresie, will not much impaire the estates or conditions of these. Thirdly, (and lastly) the truth is, that an Heretique being dead (especially if punished with death for his opinion sake) speaketh in his surviving heresie with every whit as much authoritie, and consequently with every whit as much danger of infecting others therewith, as he could do if he were alive, if not with more. And so,

Fifthly, (and lastly) concerning other civill means for the suppression and restraint of those spirituall evils, errors, heresies, &c. as imprisonment, banishment, interdictions, finings, &c. both reason and experience concurre in this demonstration, that such fetters as these put upon the feet of errors and heresies to secure and keep them under, still have prov’d (and are like to prove no other, but) wings whereby they raise themselves the higher in the thoughts and minds of men, and gain an opportunitie of a further and ranker propagation of themselves in the world. It was an observation of Tacitus long since, that punitis ingeniis gliscit authoritas; To punish men of parts and wit, is to cast a spirit of Authoritie upon them, and to make their reputation glowe. Men of ordinarie capacitie, and vulgar apprehension, are and ever will be inclinable to think, that men of wisdome and worth will never expose themselves to sufferings, but for that which is weightie, and which hath more in it, then every man seeth. And besides, men of better breed, may easily be swayed by such a principle as this, that wise men, whilest they have the advantage and odds of their adversaries in reason, will never renounce or disclaim this so honourable an advantage by calling in the more ignoble assistance of horn and hoof to their aid. It is true, when Christ was handled with this rough hand we speak of, that piece of prophecie was verified; I will smite the Shepherd, and the sheep shall be scattered; but ordinarily the smiting of the Shepherd or head of any Sect or error, is the gathering together, yea the multiplication and increase, of his sheep. But

Fourthly (to the main objection last propounded) whereas the innocent way is condemned as opening a doore to all loosenesse and prophanenesse, she may justly take up Davids complaint, and say, Cruell witnesses did rise up: they laid to my charge things that I knew not. Psal. 35. 11. The very truth is, that this way, above all her fellows, is so farre from holding any intelligence or correspondence with loosenesse and prophanenesse, that her face is set to advance righteousnesse and true holinesse in all her quarters. Her heart runs parallel with Davids heart in those his meditations and vows, Psal. 101. 3, 4. &c. I will set no wicked thing before mine eyes: I hate the work of them that turn aside: it shall not cleave to me. I will not know a wicked person. Who so privily slandereth his neighbour, him will I cut off: him that hath an high looke, and a proud heart, will I not suffer. Mine eyes shall be upon the faithfull of the land, that they may dwell with me: he that walketh in a perfect way, shall serve me. He that worketh deceit, shall not dwell within my house: he that telleth lies shall not tarrie in my sight. I will early destroy all the wicked of the land: that I may cut off all wicked doers from the Citie of the Lord, This is such a draught and copie of Reformation as the Way we speak of (mutatis mutandis) emulates, and aspires unto. If David in those resolutions and practises mentioned, opened a doore to loosenesse and prophanenesse, then cannot she excuse her selfe from part and fellowship with him, in that sin.

It it be replyed and said; but this way taketh care for none in point of holinesse, but her own: she suffereth all the world about her to lie in wickednesse, and to sleep in death, without looking after them, or taking any pitie or compassion on them. To this also we answer in one word:

That she doth as tenderly, as affectionately desire and pray for, yea and with as much diligence and faithfulnesse, yea and prudence of endevour otherwise, and likelihood of successe, attempts and seeks the salvation of those that sit in darknesse, and in the shadow of death, as any other way can do. It is true, she doth not judge it any wayes conducing towards the quickning of those that are dead in sins and trespasses, to put them into a conceit that they are living stones (whilest they are yet dead) by putting them into the building of the spirituall temple of God: she knows no such method or means of converting souls unto God,1 Cor. 11. 29. as this. Nor doth shee willingly suffer any man to eat and drink damnation unto himself, to further him in his salvation. Nor doth she make faith of apparent unbelief in parents, by baptizing their children, as any wayes accommodating the souls either of the one, or of the other. Therefore if shee declines such things as these, it cannot be argued from hence (except either ignorance, or a worse Logician, makes the syllogisme) that therefore she neglects or casts off all care of seeking the salvation of others; but onely this, that she thinks it no point either of wisdome or charitie to expose her selfe to the displeasure of God, by doing that, which is more like to expose others also to the same stroke, then any wayes to comfort or relieve them. But whatsoever she can reasonably conceive or judge to be a means any wayes likely to save a soul from death, to translate men from darknesse unto life, she girds her self to minister unto the world both farre and neer, in every such thing: She cordially prayes for the conversion of the unconverted, she mourns over them, she causes her light to shine before them, she bears their burthens, she intreats them gently, she feeds their hungry, and cloatheth their naked (as she is able) she recompenceth evill for evill unto none of them, with all such exemplarities of life and conversation, which are sanctified, and appointed by God for the winning of those without the Word, who refuse to obey it. 1 Pet. 3. 1. And besides all this, (that which is the first-born means of conversion) she preacheth the Gospel with as much diligence, and faithfulnesse, and power, and with as much libertie and freedome unto all to partake with her in this her ministration, as any other way whatsoever: yea, as readie and forward she is as any other, to contribute her proportion to the full, whether in counsell, purse, or otherwise, for the surnishing of all the candlesticks in the land with burning and shining lights, I mean for the erecting and setting up a faithfull preaching Ministery throughout the Land, yea if it were possible, throughout the whole world. Therefore

Fifthly, (and lastly, to the main objection) whereas this way with the permission and sufferance of it, is burthened with this jealousie and fear, that it is so highly displeasing unto God, that he is not like to turn in mercie unto the Nation, untill it be removed, and all the factors for it taken away. I answer.

First, that this jealousie and fear is of the same inspiration, with that wherewith Rabshakeh of old, sought to possesse the heart of the good King Hezekiah and the inhabitants of Jerusalem, that so upon the discouragement they might be the more willing to compound for their City. But if thou say to me,Isa. 36. 7. we trust in the Lord our God; is it not he whose high places, and whose altars Hezekiah hath taken away, and said to Judah and Jerusalem, ye shall worship before this altar? That which Hezekiah had done (in destroying Idolatry) with great acceptation in the sight of God, and which consequently was in it self a pledge and confirmation unto him and his people that God was and would be with them to save them and their Citie out of Rabshakeh hand, this doth this deceived ambitious man contrive into an argument of jealousie and fear unto them, that God was offended with them; and so represents their hope and confidence, in the shape of diffidence and deep discouragement unto them. He that perswaded the woman,Gen. 3. 5. that God knew how that in the day wherein they should eat of the tree in the middest of the garden, their eyes should be opened, and they be like gods, &c. hath (it seems) possest many amongst us with this semblable apprehension, that from the day wherein they shall destroy that way we speak of out of the Land, and suppresse all those that walk in it, God will be gracious unto them, and remember their iniquities no more; as if to sacrifice the children in the Fathers sight, were the onely means of making atonement with him. But

Secondly, how doth this carrie any shew or shadow of reason or truth in it, that God should turn away his face from a State or Nation, for not hating his people, or for refusing to persecute his anointed ones? God sometimes said, That Nation whom they shall serve, I will iudge. Gen. 15. 14. Is his mind so far altered in this point, that now he should say, the Nation who shall give them libertie, I will iudge? The generall rule of restraint which God hath charged upon States, Kingdoms, and Nations, is this: Touch not mine anointed,Psal. 105. 15. and do my Prophets no harm: and hath he any where made Independencie (so called) an exception from this rule? or hath he any where made Presbyterie a distinguishing character of such of his anointed ones, who must not be touch’d, from others of them, who may be crush’d, and whose bones may be broken? Surely circumcision and uncircumcision differed as much, as Presbyterie and Independencie can do: yet the Apostle tels us, Gal. 6. 15. that in Jesus Christ neither circumcision availeth any thing, nor uncircumcision, but a new creature. If Independents be new creatures, and born of God, their Brethren need not fear any displeasure or anger from their Father, for suffering them to dwell in peace by them in the same Land; but have cause to rejoyce in such their neighbourhood and societie, as being pillars of the same strength with themselves, to support the State and Nation wherein they dwell. But

Thirdly, (and lastly) when mens table becomes a snare unto them,Psal. 69. 22. and their welfare a trap,Ver. 25. it is a signe that God is about to bow down their backs, if not to make their habitations desolate. When the Jews began to reason after this manner, (and to act accordingly) If we let him thus alone, all men will beleeve on him: and then the Romanes shall come, and take away both our place and nation;Ioh. 11. 48. it was a presage, that the Romanes indeed would come, and take away both: which they did not many yeers after. Make the heart of this people fat (saith the Lord by his Prophet, concerning the same people) and make their eares heavie, and shut their eyes,Isa. 6. 10. lest they see with their eyes, and hear with their eares, and understand with their heart, and convert, and be healed. I say no more in this, but onely pray with all mine heart, and with all my soul, that the people of this Kingdom, may see with their eyes, and hear with their eares, and understand with their hearts, that they may convert, and be healed. The Heathens were wont to say, Jupiter, quos vult perdere, dementat.

Another objection leavied against the Way is this: If this way be let alone, and suffered to take place, it will still undermine the credit and comfort, of many worthy and conscientious Ministers in the land. For as fast as they, through the blessing of God upon their faithfull labours in the work of the Ministery, shall convert souls unto God; this Way will allure them away from them unto it self; whereby their hand must needs be enfeebled and discouraged to their work. But to this also I answer.

First, that if that way of Government and worship, wherein those good Ministers shall walk, who are supposed to convert people unto God, be indeed and in truth the way of God, there is little ground or cause of fear, that any other way should separate between them and their converted ones. For first, the verie grace of conversion, being dispensed unto these by their hand, is a great and solemne ingagement upon them, to love and honour them above others. Secondly, the person being dearly lov’d, and highly honour’d, gives credit and interest both in the judgements and affections of those who do so love and honour, to all his matters, as well of opinion as practise; at least is compleat armour of proof against any prejudice in respect of either. Thirdly, when men and women are converted unto God, they are endued with a principle of a neerer and more inward sympathie and compliance with all the wayes of God, then they had before. So that there is more cause for Ministers to fear the withdrawing of their people from them before their conversion, then after, in case the way of worship and government which they imbrace, be of God. For in this case and supposition, unconverted ones have no inward sutablenesse of soul, to incline them to love or delight in this way, and consequently their hearts must needs sit loose (if they stand not in opposition) to it: but those that are converted, are baptized into such a spirit, which is apt to comport and correspond with it. Again

Secondly, if the hearts of men and women upon their conversion unto God, are so generally found (for otherwise there is no place for the jealousie, which is the ground of the objection) to stand in propension to this way, is not this an argument, if not demonstrative, yet of a very high importance to evince, that this way is of a truth the Way of God? I will wait on thy Name (saith David) for it is good before thy Saints;Psal. 52. 9. or, because thy Saints like it well (as another translation reads.) So that this great Prophet and King thought the generall approbation and concurrence of the Saints, sufficiently assertive of the acceptablenes of a way or practise, in the sight of God.

Thirdly, those Ministers who have the spirit of this glory cast upon them by God, to beget sons and daughters unto him by the Gospel, have no cause to envie the line and measure of those who receive them from their hand, upon such terms. That which our Saviour spake in another case, is every whit as considerably true in this:Act. 20. 39. viz. that it is a more blessed thing to give, then to receive: And the Apostle Paul makes no other account, but that his relation of a spirituall Father unto the Corinths, his begetting of them by the Gospel, was much more honourable unto him, then the relation of an Instructor, or builder up, was, or would be unto others.1 Cor. 4. 15. For though you have ten thousand Instructors in Christ, (saith he) yet have ye not many Fathers: for in Christ Jesus I have begotten you through the Gospel. And else-where he counts it a master-piece in the spirituall building, to lay the foundation. According to the grace of God which is given to me,1 Cor. 3. 10. as a wise master-builder I have laid the foundation, and another buildeth thereon. So then, planting being more Apostolicall then watering (it was Paul that planted, and but Apollos that watered, 1 Cor. 3. 6.) and laying the foundations of life and immortalitie in men, of a more honourable interpretation, then the building of them up in their Faith; the Ministers so much tendered in the objection, have not the least colour for any such grievance or complaint, as is there presented on their behalf; indeed and in realitie of truth no more, then the Apostles themselves had, for complaining against such Ministers and Pastors, who fed those flocks of Christ which they had first converted unto him.Hebr. 7. 7. And without all contradiction (saith the Apostle) the lesser is blessed, but never envied, of the greater.

Fourthly (and lastly) the gracious and bountifull God hath so laid it in this counsell and decree, that, though the saying be true, which our Saviour taketh notice of, Joh. 4. 37. That one soweth, and another reapeth yet both he that soweth, and he that reapeth, should reioyce together. ver. 36. So that as Abigail told David,1 Sam. 25. 30, 31. that when the Lord should have done unto him all the good which he had promised him, it would be no grief unto him, nor offence of mind, that he had not shed blood causelesse, or avenged himself; no more will it be the least occasion of uncomfortablenesse or complaint unto Ministers, who have been faithfull unto God, and brought home soul unto him,Dan. 12. 3. when they shall shine like stars in the firmament of Haven, that some of the children of their labours departed from under their hand when time was, to seek pasture and soul-accommodations else-where.

Another objection seeming to war with an high hand against the way hitherto protected, is this: Can that in reason be thought to be the way of God, which seemeth so onely in the eyes of a few inconsiderable, and (for the most part) illiterate persons; and not rather that, which triumpheth in the vote and suffrage of a Reverend, learned, pious and frequent Assembly; yea and further hath the approbation of many wise and worthy persons in full concurrence with it? Do not wise men see more then those that are weak, and many, then few? I answer,

First, that Solomon returned, and saw under the Sun,Eoclcs.9.11. that the race is not to the swift, nor the battell to the strong, neither yet bread to the wise, nor yet riches to men of understanding, nor yet favour to men of skill; but that time and chance happeneth unto them all; meaning, that God still reserves a liberty to himself to interpose, and to carry the issues and events of things against all advantages and likelihoods of second causes, when and where and as oft as he pleaseth.2 Cor. 14. 11. And therefore as King Asa in his cry unto the Lord his God, said, It is nothing with thee to help, whether with many, or with them that have no power: in like manner it is but of one and the same consideration with God, to blesse the world with the Revelation of truth, whether it be by few, or by many, by those that are learned, or those that are look’d upon as men of small understanding. Nay,

Secondly, if we consult with the tenor of Gods providence and dispensations in this kind, our information or answer will be according to the tenor of our Saviours gratulation (being now in kind of rapture or exultation of spirit) unto his Father: I thank thee,Luk. 10. 21. O Father, Lord of heaven and earth, that thou best bid those things from the wise and prudent, and hast revealed them unto babes: even so Father, for so it seemed good in thy sight. Though God be at libertie, to make the first discovery, or communication of the light of his Truth, unto the world, by greater numbers of men, and those learned and in high esteeme for wisdome, as by Councels, Synods, and Conventions of men eminent in their qualifications, as well as by one or fewer, and these under no great observation for either; yet by the more frequent experience of all ages it appeareth, that he taketh pleasure in this latter way, rather then in the former. Doubtlesse it was not without some very considerable ground and reason, that that ancient and learned Father* Gregorie Nazianzene should say, that he never saw good end, or desirable successe of any Councell; or that they procur’d any decrease, but rather increase of evils. Yea and adds: that the pertinacious contentions, and inordinate desires of domineering or bearing rule, were such; as words could not expresse. Him (saith the Apostle) God raised up the third day, and shewed him openly: not unto all the people, but unto witnesses chosen before of God, even unto us, who did eat and drink with him after he rose from the dead.Act. 10. 40. 41 Mary a woman, had both the first revelation made unto her of Christs rising againe from the dead, and also the first enterview and sight of him after he was risen. Joh. 20. 12. 14. The Scripture takes speciall notice of Lots departure from Abraham, before God was pleased to make that excellent discovery of himselfe unto him, spoken of, Gen. 13. 14, 15, &c. Yea, most of those revelations of himselfe, which he was graciously pleas’d to impart unto his ancient Church of the Jewes, were not imparted unto them by their Synedrion or Great Councell, but by particular men; who likewise usually (if not alwayes) received their inspirations from God, in their greatest privacie and sequestration; yea, and that (if the observation of the Rabbins will hold in that behalfe) whilst they were yong. That light of Evangelicall truth, wherein the Reformed Churches reioyce at this day, yea, and triumph over Antichristian darkness, did not break out of the clouds of Councels and Synods unto them, but God caused it to shine upon them, from scattered and single starres, as Luther, Calvin, Zuinglius, Martyr, &c. God never took any pleasure to cumber his arme with flesh and bloud, when he meant to doe any great thing for his Church by it. Wee find him once complaining right out, that the people were too many for him,Judg. 7. 2. to give deliverance or victory by; but we never heard of any complaint from him that they were too few. And why may we not think, but that God may as well say within himselfe, that there are too many learned and wise men in a great Councell, for him to reveale truth, or to give victory against error by? The reason of this kind of dispensation is obvious; and therefore I forbeare (for the present) to insist upon it.

3. As a presuming confidence of a mans leggs, is a signe of such a time or chance (in Solomons phrase) wherein the race shall not be to the swift; and so the challenging a victorie, as it were of course, because we have chariots, and horses, and vast multitudes of men, expert in warre above our enemies, is a presage seldome failing, that the battell will not be to the strong: in like manner when Synods and Councels shall beare themselves inordinately upon their numbers and multitudes, upon their wisdome, learning, and pietie, and because of these, shall (upon the matter) challenge an infallibilitie (for what doe they lesse, when they command all mens judgements and consciences to bow downe at the feet of their determinations?) this is little lesse then an authorized ground of Divination, that they will miscarry, and that God will not honour them, with the discovery of any of his Truth unto the world. A Synod or Councell, though of men never so conscientious and learned, though never so both frequent and fervent in fasting and prayer before God, that shall assemble and meet together upon such terms, I meane so as either to expect, but especially peremptorily to conclude, before hand, that all men shall make Faith and practise of their decisions, or else be censur’d, and made to suffer like evill doers;Ezek. 14. 3. doe in this set up their idols in their heart, and put the stumbling block of their iniquitie before their face: and consequently devest themselves of that capacitie, wherein they should be meet to enquire of the Lord. Should I be enquired of at all by them? (saith God himselfe Ezek. 14. 3. of such) Indeed where greater numbers of men, accomplished with grace, and parts of learning, shall assemble together with humilitie and meeknesse, and for ends proportioned to the line and sphere of men, as viz. candidly and unpartially to argue and debate, and so to finde out the Truth in things appertaining unto God, onely with an intent and desire to be helpers of the Saints joy, by making rough things plain, and things that were hard,2 Cor. 1. 24. easie, and dark things, lightsome, and not to exercise a dominion over their Faith (as the Apostle speaketh) by an authoritative commanding them out of their present judgement, what ever it be, to doe homage to the results of their debates, whether they see light and truth in them or no; they may expect a speciall presence of God with them, and the Churches of God about them, may comfortably waite for somewhat more of the minde of Christ from them,Prov. 24. 6. then they knew. In the multitude of such Counsellors, there may be safetie, as Solomon speaketh. I would gladly beleeve, if I could find where to set the sole of the foot of such a Faith, that Councels and Synods are wont to meet upon such terms: which if they doe not, I am (almost) as farre out of hope of having the joy of my Faith holpen or increased by them, as I am of gathering grapes from thornes, or figgs of thistles. And therefore,

4. (and lastly) Whereas the objection urgeth, that wise men are like to see more then those that are weake, and many, then few: I answer, That this is not alwayes found true, no not in natural, civill or artificiall things, wherein notwithstanding there is usually a greater regularitie and uniformitie in the actings and workings of second causes; much lesse is it alwayes true in matters belonging unto God; wherein himselfe more frequently interposeth by his prerogative, and ordereth the tenor and course of occurrences and effects, besides the proportion of second causes, by the good pleasure of his will. All the great and rare inventions of the world, which either former, or latter ages have brought to light, were not the issues or results either of the thoughts or studies of the wisest or learnedest of men, nor yet of the consultations or communications of the greatest numbers or multitudes of men: but the wise Disposer of all things, according to his owne good pleasure and will, cast this honour upon particular and single men, (for the most part) and those not alwayes of the most learned or profound, as by many instances might readily be evicted, if it were necessary. And Solomon reports unto us a case,Eccles. 9. 15. wherein one poore man by his wisdome delivered a Citie out of imminent danger; which (it seems) all the rest of the Inhabitants did not see or apprehend how to doe. Yea, in Councels themselves, or greater assemblies of men, it is usually seene that some one, or few, either of predominant parts, or authoritie amongst them, sway and steere all the proceedings, and act the judgements and affections of the rest, though conscientious and learned to a degree. So that upon the matter, and just accompt, the resolutions of Councels and Synods themselves, are but the fruits or puttings-forth of the learning, and judgement, of a very few men; and whether these be alwayes of the most conscientious, I had rather others should consider, then I determine.

The last objection designed for present examination, is this: that the intent and project of this way, is ambitious, high, and dangerous, that it affecteth a Dictatorship Ecclesiasticall, a power of Law-giving, that it undermines Civill or Parliamentary Authoritie, &c. But to this also we answer (omitting what was formerly said, concerning extravagant height of accusations and charges, and the slender probabilitie of truth in them: as likewise concerning the speciall disposition of God in ordering the malice or ill will of those that are enemies, either to his people or wayes, still to shoote the arrowes of their accusations against their breast-plate of righteousnesse, where it is strongest and least penetrable.)

1. That there is not the least colour, no, nor the least colour of a colour, to charge any ambitious or Dictator-like designe upon this Way. The reason is, because the most essentiall, intrinsecall, and fundamentall principles of it, stand diametrally bent against all dictatoring, and law-giving by men, in the things of God. The Sunne may with as much, or more reason be suspected of consulting darknesse against the world, as this Way of meditating or projecting any Authoritative greatnesse unto it self in this kinde. Indeed, when it degenerates from it self, and passeth into another kind, there may be some danger and fear of this Way; as there is that Honey should turn into choler, when the native property of it is altered by the stomack. A Congregationall man become a Classique, may as soon as another make a Son of such a designe as is specified in the objection.

2. If the Way wee speak of, should be so contradictory to her self, as to desire or project such a Kingdome, as she stands charged with in the Objection; yet should not the world have the least cause to fear her prosecutions or executions in this kinde. If the Lamb in the fold should threaten or project the slaughter and destruction of all the Lions in the Wildernesse, had these ever the more cause to be afraid of her? The kingdomes and powers of this world, need not fear either the numbers or power of the Saints, for taking away their crowns, or breaking the scepters of their rule and government, untill the world that now is be translated into that which is to come. And therefore,

3. Whereas this Way is further arrested by the Objection, for a Pioner and underminer of Magistracy, or Parliamentary Authority; I answer, that there is no more in this Way to undermine or endanger any Civill Authority or Power whatsoever, then there was in Daniels heart to prejudice the life and honour of the King,Dan. 6. 10. 22. when hee prayed three times a day, (contrary to the Kings commandement) or then was in Pauls Doctrine of Justification by Faith to make voyd the writings of Moses, or the Law; whereby indeed he did establish it (as himself affirmeth, Rom. 3. 31.) though the Jewes apprehended, and charged him with the contrary. And doubtlesse the learned Gentleman, who undertakes the unmasking of Independency,Independency examined, unmask’d, &c. (which never wore any) is in an utter mistake, not only of the intentions of the two Brethren of this Way (who ever they were) whose words he citeth, p. 3. of his late Examination; but also of the rationall and Grammaticall construction and import of the words. For whereas they say, that a man may as well bring a clean thing out of an unclean, as make a spirituall extraction out of a secular root, the Gentleman will needs interpret, that they make both Parliament and Assembly secular and unclean; whereas by the tenor and carriage of the whole passage, it is as clear as the Sun, that in neither of these expressions they reflect either upon the one, or the other; no, nor yet in those following words, wherein they affirm, that it will be demonstratively prov’d (against their adversary, who makes the Law of the State the first and most considerable band or tye upon men, for their submission to his Church-government) that he resolves the government of the Churches of Christ (in the last resolution of it) into the humors, wills and pleasures of the world, yea, of the vilest and most unworthy of men. And therefore, whereas upon his citation of these words, his demand is, Brethren, bona verba quæso, the Brethren upon his interpretation of them, have far more reason to make this request unto him; Brother, bonam glossam quæ sumus. The words are good, if the interpretation did but answer. For doubtlesse the Brethren in the mentioned period and expressions, reflected only upon the generality of the people in the Land, who according to the Lawes of the Land; yea, according to the principles of all reason and equity, have the right of nominating persons into the places of Parliamentary trust and power; but have no Authority or power from Christ to nominate or appoint, who shall be the men that shall order the affairs of Christs Kingdome, or institute the government of his Churches. These, and especially the ignorant and irreligious part of them (which they that know any thing concerning the generality of the Kingdome for matters of Religion, must needs know to be far the greater part in every place) are that secular root, out of which the Brethren conceive an impossibility, that a spirituall extraction should be made, that is, that a legitimate Ecclesiastique power should according to the minde of Christ, or any precept or president of Scripture, be by them conferred upon any man: and this impossibility conceived by them, they only illustrate and declare by that parallel expression in Job, Who can bring a cleane thing out of an uncleane? When they imply, that men unworthy, and strangers to the power of godlinesse and matters of Religion, have the right and power of conferring Parliamentary trust and power, upon persons chosen by them hereinto, they reflect not the least touch of prejudice or disparagement upon the persons honoured with that choyce: First, because there is no other way, no, nor is there any conveniency or lawfulnesse of any way whereby to ascend the height of the interest and honour, but such a choyce: And secondly, the votes and voyces of such men being carried upon persons of honour, worth and Religion, demonstrates that there was so much the more of God in their election; which is so far from diminishing their honour in the least, that it adds double and treble unto it. But to hold that the persons so elected, as hath been said, have a power by vertue of such nomination or election, to enact Laws and Statutes in matters of Religion, and to order under mulcts and penalties, how men shall worship and serve God; as it is a means to awaken the eye of jealousie upon them, and so is seven times more destructive unto, and undermining, not only of their power, but of their honour, peace, and safety also, then any thing that is found in the Way so ill intreated; so is it the setling of a power upon the electors of such persons, I mean, upon the promiscuous multitude of the Land, a greater power then ever Jesus Christ himself had, at least then ever he exercised. For as dare Regem argues a greater power then esse Regem, as hee that buildeth an house, hath more honour then the house, Heb. 3. 3. So to nominate and appoint who shall have power to umpire in matters of conscience and of God, to determine what shall be preached, and what not, what shall be believed, and what not, is a branch of a greater root of power, then the exercise of the power that is committed unto others in this behalf. Now though Jesus Christ had a power, and was authorized by God to be a Law-giver himself unto his Churches and Saints, in their spirituall Republique; yet it is hard to prove that ever he invested any other with such a power. His Apostles themselves were no Lords over the Faith of the Saints; nor had they any power or authority to impose any thing upon men, as necessary, either to be believed or practised, but what they had in expresse commission and charge from Jesus Christ himself to impose upon such terms. So that notwithstanding that severe & angry contestation of the fore-mentioned Gentleman against the two Brethren with their fellows, Is this your so much boasted of preaching, writing, fighting for the rights & priviledges of Parliament? whereby he thinks to dash both them and that their boasting together out of countenance; though they boast neither little nor much of any thing; boasting is their charge, not their crime; they only say, and that with modesty yet, blessed be God, they are able to maintain and make good that their boasting (if it must needs be so called) in the sight of God and Angels, and men, and Devils, and whatsoever besides is named, not only in this world, but in that also which is to come. And though he hath done like himself, and (I speak it to his honour) far above the line of many others, in vindicating the rights and priviledges of Parliament; yet (absit verbo invidia) I am very confident, that there are thousands of that Way and judgement, against which his pen riseth up with so much indignation, who rateably, and according to their means and opportunities, have quitted themselves upon equall terms of honour, love, and faithfulnesse, towards those honourable Houses, with himself.

4. (And lastly) It were no task of much labour or difficulty, to demonstrate that the Way, in the defence whereof we have thus far appeared, is so far from carrying any malignity, or seed of danger in it to the State, or persons invested with civill power, that it is of a manifest and rich compliance both with the one and the other.Matth. 22. 21. He that commanded to give unto Cesar the things that are Cesars, and unto God the things that are Gods: did Cesar as much (if not more) service, in the latter command, as in the former. Silver and gold, wood and stone, never got any thing by having an artificiall deity bestowed upon them, and being worshiped, but only a meer proximity to destruction. They that should only have said unto Herod, that he had spoken like a sober and well advised man, might have shewed as much affection to him, yea, and honoured him upon better terms, then they that shouted,Act 12. 22. It’s the voyce of a God, and not of a man. There is no foundation so sure and precious to build the honour, peace and safety of Cesar upon, as a stone duly pitched for a land-mark between God and him. But if there be a question or difficult case between God and Cesar, whether such and such things belong unto the one, or unto the other, they will be found the best and faithfullest Counsellors unto Cesar, who shall advise him rather to surrender unto, then to claim a doubtfull right or priviledge from God. The Way we speak of is so ingenuous, loyall and true-hearted to men in place of civill authority and power, that it teacheth her sons to expose themselves unto their displeasure, for the procurement of their good; which even the heathen themselves have attested for one of the best and least questionable signs of true friendship and love.

To these answers of objections, I thought to have added some positive arguments, whereby the Way, now little more then only defended, might have gained the honour of a more perfect conformity to the Will and Word of God, then (perhaps) hath been discovered or seen hitherto. Yet I cannot but think, that the vailes of the principall objections which covered the face of it, being rent and torn, the beauty and brightnesse of it must needs shine forth in the eyes of all those who have not sacrificed unto partiality.

To close with a word of exhortation. The premises considered, as we love the things of our peace, and desire the speedy dispersion and scattering of that dark and black cloud still hanging and hovering over our heads, and threatning more fiery storms & tempests of desolation and blood upon us, and to see the heavens cleering up, and looking like Crystall or Saphire over us, as we desire to see those terrible swarms of Locusts and Caterpillars, which now devour and eat up our good land daily, swept away and carried by a strong west wind into the midst of the sea, that so we may be fed again, with the ancient heritage of our fathers, I mean plenty, safety, and peace; if there be any bowels, any compassions in us towards our nation, (so far spent & wasted with misery) towards our cities and habitations, towards our friends, towards our selves, towards any thing which is dear either to the one, or to the other; let us be exhorted to take heed of fighting against God; let it be the first-born of religious advisements and cautions to us, not to be fierce, no, nor so much as to lift up an hard thought against Doctrine or Way claiming origination and descent from God, till wee have security upon security, conditions as clear as the noon-day, that they are but counterfeits and pretenders only, and stand in no relation at all, but that of enmity and opposition unto God. Particularly, let us be tender above all tenderness, to act to the value of the least hair of our heads in any way of bitterness or blood, against that Way of governing the Churches of Christ, which hath by so many good hands been presented unto us as most agreeable unto the Word and Will of God, untill we see the condemnation of it written with a beam of the Sun, by the finger of God himself; untill he hath disclaimed or renounced it from heaven, either by giving such wisdome unto men whereby to detect the error and vanity of it, or else hath quite rased it out of the fleshly tables of the hearts of his Saints, and distrest servants. The motion and matter is of a most serious and formidable importance; therefore let me exhort you yet once more, to beware of men, (as our Saviour adviseth, in a case of lesse consequence) to take heed, that no man, either through passionate exclamations and outcries, or through any faire or flourishing pretences whatsoever, draw your foot into this snare, ingage you in any such warfare, wherein, for ought you know, you shall fight against God. If your judgements stand off from the cause wee speak of, for the present, and you can see nothing of God in it; you may please to consider, that this was the case of many thousands amongst you, in whom there is much of God, and in whose heart is this Way,Phil. 3. 15. as a Way of his. If they be deceived in imbracing it, God will shew mercy unto them in revealing the truth unto them in due time. But if you shall be deceived in the violence and fury of your fighting against it, is it not much to be feared, that you will be intangled with the guilt of such a sin,Isa. 22. 14. which shall not be purged from you till yee die?

FINIS.

T.40 (8.20) Anon., The Arch-Cheate, or the Cheate of Cheats (4 October, 1644).

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Bibliographical Information

ID Number

T.40 [1644.10.04] (8.20) Anon., The Arch-Cheate, or the Cheate of Cheats (4 October, 1644).

Full title

Anon., The Arch-Cheate, or the Cheate of Cheats: OR A notable discovery of some parts of the mystery of iniquitie, plainely shewing that this is the Prelates Warre, managed under the Kings Name, only to advance the Hierarchie above the temporality, yet leave them some externalls to deceive all sides, and all sorts, a choice peece of gullery trimely set out.

Cause we are more for the Senses then Sense.
Thus our conceptions we doe commence.

P. The Puppets.
F. A fellow pointing.
C. All sorts of common people.
H. The countrey Husband-man or Farmer.
B. The Prelate ordering of all.
K. The King.
N. Nobles.
S. The Shark or Cavaleer inforcing the Damsell.

The voting Puppets each eye descries,
But its (1)Sophia hath the seing eyes
(2) Plebeians move in lowest Sphere,
But its wisdome mouts the highest career.
The (3) Puppets seemingly do braule,
But its Mercuriall (4) Hocus governs all.
Though (5) Pallas should, whose dues (6) the golden ball.
But the goddesse (7) Astrea shall know all.

  1. The Wise see further, then with eyes.
  2. Common understandings reach not things, things out reach them.
  3. To the Sects and the rude people all is attributed.
  4. But its the crafty Prelates, and their Athisticall Faction under severall species, pretenc [Illegible letters] all together by the cares
  5. Wisdome not craft should governe.
  6. All excellencies belonging to wisdom, and the wise.
  7. In a threatning way, and in time of remedy, Iustice shall be told of all her prankes.

London printed for M. W. at Grays-Inne Gate, October 4. 1644.

Estimated date of publication

4 October, 1644.

Thomason Tracts Catalog information

TT1, p. 343; Thomason E. 257. (5.)

Editor’s Introduction

(Placeholder: Text will be added later.)

Text of Pamphlet

Nor to faile when all saile were to be singular, which is the greatest failing.Courteous Reader, here is but a little poetrie, and yet its lame of its feets, let thy ingenuitie relieve it, for its thy only strength to beare with its wealnesse, and its therefore weake to trie thy strength, and it hath therefore sailed that it might not saile.

S. H.

The Arch Cheate, OR The Cheate of Cheates: OR A notable Discoverie of some parts of the Mystery of Iniquity, plainely shewing, that this is the Prelates War, mannaged under the Kings name, only to advance the Hierarchy, above the Temporality, Yet leave them, some externalls, to deceive all sides and all sorts, a choise peece of Gullery trimely set out.

Writ at the beginning of these troubles, but occasionally confind. till now.

THere is a Crew which* crowes and crowner themselves with Rose-Buddes of bewtie, sweetnesse and delight (of with the Prelates and popishly affected, irreligious religious men are chiefe) who ayming at greatnesse and all kinde of licentiousnesse, &c. and withall to advance thereto nimbly also without royle yea to Soveranize and King themselves and governe kingdomes, doe breake through all lawes, Devine, Humane, Morall, Rationall, &c. to attaine thereto.

2. This to bring about, they sinde lies in the interressing themselves into the favours and good opinions of Princes, under the pretence of amplifying the greatnesse and Prerogatives, &c. next by gaining all the powers into their hand as for the emptic titular titles, and some externalls, they leave them to the temporall* Laike Kings and Peeres to collour the businesse, that the Cheat may not be seene, &c.1

3. Their owne names will not carry it, they wanting Law, Right, Title and opinion, &c.2

4. Besides they must not appeare in the action, but lie close snugge, and close hid as doth in shewes the lurking spirit that guideth the oculer motions, which are onely seene to act all, and all to them is attributed, but cunning Hocus playes his prankes under boord.

5. With Princes then they tamper, who have law, right and title on their side, and opinion too, that foolish goddesse, and goddesse of fooles, their names they advance, magnifie, yea deifie, &c. but prostrate prerogative, &c.

6. It takes Herod-like with some too much with all to their falls.

7.

More Princes fall in Court by Flatterrers charmes.

Then in the field by the Aversaries armes, &c.

8. On they goe and pinacle Princes with Prerogatives about God, but sure they will be to mount with them, as did the Devill with our Saviour: and then on, with condition of his dismounting, prostration and3 worshipping beastly monsters, with seaven Heads and tenne Hornes, they will doe wonders, if not done before they come,----why, they will give him all the4 Kingdomes of the Earth, and subdue the5 Nations to him, with an Iron Rod, or rather than faile----6 with a staile.

9. Great is the Temple of the goddesse Diana, but were it not for her silver Puppetts the godlesse gods and her Temple might goe fiddle----so might Prerogatives, &c.

10. These gracelesse youngsters,7 gracious yet with Princes, and are seemingly very officious to accommodate them with Honour, Greatnesse, Majestie, &c.

11. A Golden baite, but the forked hooke appeares not.

12. By this they attaine to be their Counsellors and next the betrust of places of command and power which was the white they aymed at, as the onely way to King themselves, and depose Princes, oppose others.

13. These they bestow into hands of their owne faction, such as can slatter and abuse Princes out of their prerogatives as well as themselves----Birds of a Feather.

14. Now who but these are the only men with8 Kings I and Queens to, Oh they are wilie Mercuries and have curious blandishments to insinuate into and insatuate all sorts, and fatten themselves, &c.

15. Well Princes conceive the power in their owne hands, but P.O. for that, its the9 Prelates prize, of which he must not know any thing till their ends bee compassed.

16. As for him he may goe10 sleep, sport, hunt, or tennis it, they will order matters well enough for his greatnesse, and renowne if ill enough bee well enough, &c.

17. The Popish government under the cheating name of Religion they mainly ayme at, but mum not a word of either not intentions but pranct up pretentions like gaudy Dianah must gadde abroad to bewitch the foolish Sechemites but Simcon and &illegible; brothers of iniquity drive on their designes like furious Jehu to circumvent the credulous Sechemites, with universall Ruine.

The wicked &illegible; and Clergy of all sorts.18.The Kings name still carries out all things, but he is kept ignorant of whatsoever is offensive to his nature or disposition, or else they doe palliate it with pretexes qualifications, &c.

by threatnings so by keeping them at distance, as with &illegible;19. They raile of all their adversaries, from accesse or prepare antidotes against their poyson as against beliefe infidelity and villefie with names to contemptablenesse.

20. But with the people, they magnifie an implicit faith believe as the Church believes the trumpe of Cheats, &c.

21. Mountaine promises are made, of Iustice libertie lawes, and Religion, but not a dust or graine made good, except jering as Children and Fooles for their easie &illegible;

Its glory to betray any way disglory to be betrayed.

22. It Robbing, murchering, ravashing, yea all kind of injustice be justice &illegible; none more just more faithfull in performance, twise twelve to the dusson.

23. Quarrells are pict, pretences found, on purpose to rout out all oposers either Religious or Morralists.

24.

It is easie to finde a staffe to beat a Dogge, } with the
Its as easie to finde a Dogge for a staffe. } quarrelsome.

25. Other pretences are found to raise Armes, any thing is just with the powerfull any thing seemes soe with the simple.

Nobles. Gentry, Commons all sorts comply.26. Some on hopes, promises, preferments rewards, offices, and others, a licentious libertine course of life others errors of judgment, Scruples of conscience, opinion pretences of one kind or other.

Most a fooles paradice——here.

or a ports Elizium——hereafter.

28. What should I say it asketh an eternity to rectifie all these giddie braines.

29. If they be not Traitors, Rebells, Murtherers. Theeves, and punshable as such here, and damnable hereafter who are on the offensive side, and fight against Religion the liberty of the people, and priveledges of Parliament all established by law. The name of a King is so dazeling that it prostrates all behoulders——except——. Bell whom Danill must prostrate.

The following marginalia text is unreadable and Liberty Fund has made no effort to partially transcribe it.30. Beautie in Heaven and Earth this grace doth win.

It supplyes &illegible; and it lestens sinne &c.

31. Souldiers are raised, why, Iohn for the King, so all, and who not, they see none other they spie not &illegible; under the Board, nor that Ioabs hand is in all this they are light Angells, but not Angells of light.

32. If monyes be wanting, then Nimrod like that mighty hunter plundring, robbing whole Countries, Counties to monut their Babell battlements, paralall with those of Heaven, is lawfull and under the name of warring to perpetrat any villany is excellent villany—if any villany be excellent.

33. That which even now was a hanging matter to doe, is now a hanging matter not to doe.

Thus a moment can invert, pervert circularly.

34. Out goes Simmons, &illegible; Threats &c. to amate awe &c.For themselves in the Kings name. Trained, Bands comes in as if to the Goulden Septer—poore folkes, Hocus is to hard for you, its to the Crosiers staffe which like Muses rod hath champtup the Septer, and now begines with its cammocke note to catch hold of them as did the bush of Ablahams Ram, they are plundered, they fleed of their fleeces as of Horse,Iudas is no Iudas to this Judas. Armes money, and sent away like a pilde sheepe, or as a Dogge with his taile clapt betwixt his leggs.

35. Horse, Armes, money, throng in as if to homage it to the bunished throne which so dazeleth and a stomnisheth all behoulders that they spie not lurking Hocus the Iudas who for thirty pence will sell his Master and all his Desciples——. &illegible; like a Satier or as Mosse his Mare simpered when she eat thistles to seeof the wise. these so insaturated fooles purchase themselves halters, manacles, fetters as so deare a &illegible; and like Salom us fooles, goe to the Stocks for correction.He cannot helpe it He is their Prisoner Jeering Hocus.

36. If the Throne conquer, yet Hocus is victor, who sliely conveyes away the throne and sets his tressells in the place nimbly over layning them wlith a watther covering imbrodered with goulden Floure deluces,Glorious Titles &c. and as nimbly clapsa Miter thereon instaed of a Crown all so dexterously handled as unespied of any but the wife Sophia whose intantions discovers the cloven head of the Miter just like that of the Divels foote out she cries of the cheat. Oh you fooles how long will you continue in your follie but all in vaine as I doe lieare, for fooles though brayed in Morters will not forsake their folly, nor will dease Adderi heare charme you never so wisely.

37. Now they soveragnize it yet the Kings name colours all still, I and now he beginnes to colour it also with anger and shame to so the &illegible; but* noe force patience, perforce, he is as fast as Mars and Venus in Vulcans weary net, the more hee spraules and kirkes, the more he is intangled* at this slie* Mercury laughs a maine but unespied of any, but only the wife* Sophia who still carries out, but is not heard, Oh you fooles &c.

38. Yet externalls are allowed as gay as the Chamblet &illegible; Hocus pulls out of his mouth to delude the fillie Spectators.

39. So have I seene at Childrens festivalls the gaudie King and Queene followed by an awfull blacke Coat neither crowned nor Robed, yet well &illegible; who told at pleasure; though a pawne give Checkemate to both Rex et Reginojubeati.

41. Great matters are promised, hoped for as at* but who shall now force to performance, they are Atheists, yea worse, not Moralists, not any Bonds, Oathes, &illegible; will hold any more then Samsons, &illegible; &illegible; &illegible; &illegible;For you shall be kept under like beasts by the sword and with implicit factions, Law, but will and that of barbarous villanes. &c. you challenge them of this and that, &c. except &illegible; exclaime what care they, they know you not how now, away, avant your workers of Iniquity.

42. Helpe of King availes not how can I saith the seeing that the Lord Prelat pleaseth not to looke upon either of us.

43. Is not this fine that you have &illegible; your &illegible; and enslaved yourselves and your posterities, to the forked &illegible; instead of the &illegible; Crowne, and must now aske and wait for what was once your owne, but it may be never shall bee.

The Government of Spain and France is in the &illegible; then &illegible; is, not the Kings.44. All are their Prisoners and Captives from the throne to the cottage, not Kings not Nobles, not Gentry, not any are free, but lie at their mercy for &illegible; or srowns.

45. And now are the commons of England putting on Canvis Breeches and woodden shooes, and the Peeres are but so, ad placitum the Gentry, and are but Gentiles an saliants to the Common-weale of Israell there.

46. Former freedome and liberty----for like to foolish and prophane Esan, all sort and all degrees have sold their birth rightes for a Messe of Pottage (as red as the sload of Martyrs.

&illegible; the Popish Prelates.47. Certaine 21 things called religious men, murther, steale, rape, oppresse, what not, by their temporall agents, who act all, like the apparent Pupitts, but while Mercurie still playes his prankes under-board, or slinkes behinde the Curtaine, like a snarling Curre.

&illegible; Nations put up this.48. Then lastly they jeere to see how finely with the Kings names have Seale, shewes, promises, personall presence, protests, threats, and flowrishes, messengers, &c. they have befooled all sorts, out of their Religion, Lawes Liberties, and estates each one holding what they have of them simply:I am of opinion whilst the K, is in such hacksters handling, nothing should bee &illegible; as &illegible; but refeld with scorne, as from these, &c Let not our Nobles and Gentry, nor the Scot also. Flatter they doe, using the Kings name O this our worthy Subject, &c. nothing in fee-simple, and &illegible; simpletons all are.

49. Now Esan his rough hands gripe like a Griffen &c,

50. In the name of forraigne Princes ayd comes in, as if to Princes, their &illegible; names, colours, all but it is oft from faction to faction from Cheater to Cheater, and the poore Princes are prund of all, O you Princes how long will you &illegible; your selves to be gulled of your Prerogatives, under pretence of maintaining Prerogative is it not time to give over these wilely beguiles?

51. Trust not I say, your lives, nor your Posterities in the hands of Traytors, Rebells, to whom if you comply not, they will send you packing----and not comply, but desie, &c.

52. Suffer their King, so themselves to be overtopt by the Prelacie once more, and the government translated to the Hierarchy, shall their wiles, suggestions, and pretences so far delude as not to see, is its not pretences, but by-intentions wch they steere to, rowse up your spirit and quicken your understandings and vindicate your King and your selves, and your Country from their inslavements, and redeeme your selves from their jeers, serious insultations, down with them, and for other matters settle with Wisedome in its opportunity.To raise, prefer, conferre honour as they list, then jeere &illegible; the Gulles that the King doth all, and its themselves by him to purchase the Kingdome. &illegible; be til convincement, which doth &illegible; is just.

53. Call to minde the misery as, the Irish, so this Nation have indured by their meanes.

54. Be as faithfull to your country, as the Scotts to theirs.

55. As the ten Tribes to one poore wronged Levit.

56. Are we not your Brethren, flesh of your flesh, bone of your bones.

57. And for Religious severity which oweth all sorts. If you dare trust a &illegible; such dispensatious shall be found as shall content all sides without gaine saying, though nothing remove mean then your meane.

58. This cruell crow make riddance of least it rid us all which God and you forbid.

59. I Protest the King and you are abused by their suggestions, their &illegible; so their practises are destructive to the prerogatives, yea safety of Princes, States, Law, then are they thus suffered? who should suffer.

60. What hurt doe the Protestants, or sects in Holland, France, &c. are they not faithfull every where some follies, humors opinions they Masse and hould that are troublesome but treacherous they are not they stab not, nor poyson, betray, &illegible; burne fire not downe houses, Cities, whole Kingdomes, they delight not in blood and &illegible; as the Papists doe. Oh murther them not by neglect, for neglect is murther, Robery, Rape &c.

61. I end as did the Levite to the ten Tribes, see, consider, Iudge and give sentence.

62.

And doe as in the twentieth of Judges, the Tribes did all at their owne charge for our levite assembled, &c. { Read and faile not.

63. They delaid not, but met as one man, and accommodated to right, and revenge the injury done to the said one poore Levit, but oh our Levity, &c.

64. Forget not then Oh all you whom it may concerne, as it doth all, who in any kinde can doe good least not only a mother in Israell, but the mother of Israell, yea Israell herselfe be destroyed, which God and you forbid, and you will forbid if men you be, that is have the bowells of men, of mercy, and resolution of manhood in you.

Oh why doth not the Kingdome like an inundation, or deluge overwhelme these rascall crew of Egyptian Gipses. { Least they Cheat the King and State of the Kingdome, and we be a jeare to all Nations. Vale.
A short Summary of the premisses for plain Capacities.

ALL the Atheists, inhumaness, Traytors, Rebells, Rogues, Theeves, Cheates, Cutpurses, Murderers, so all idle and lawlesse persons of the Kingdom are met together, and have got the King amongst them to colour, and credit their rogery, his person, and name they seeme to magnifie to the people, the King, the King, the Lords anoynted, but Jeere, and scorne both him, and all Lords, just as did the Demetrians Diana, who magnified her only to make themselves, and as did the Princes abuse, and overthrow Darius and made pretence of godding him, unmade him, and made colour of Prerogating him, precipitated him, &c. These now with the Kings, Person, Name, Seale, Warrants, Proclamations, Letters, Threats, Messengers, &c. &illegible; all sides, especially the simple, whose opinions, Idolatrize the name and persons of Kings, and at this advantage the villanous adversary presumes, glories, insults and jeeres. For what ever they have a mind to doe, they doe it, and the King must, or they will inforce his person, or name, or both to beare it out; Thus Towns, Cities, Forts, &c. are summond, so Horse, Armes, mony are taken up, as if for the Kings use, when it may be he knowes not of it, or knowing, cannot helpe it, injoy all they doe, not he, any thing, but in name, so with commands, Proclamations are abroad & its not the King, but this faction is accommodated, scornfully, &illegible; they urge, what keep Forts, Towns, and what from your King, Soveraigne, &illegible; Anoynted? cause they should be delivered to him, what not obey your King &illegible; they would be obeyd, what fight against your King! the Lords Anoynted, &illegible; they would command, rule, doe all things as, they list, and have no resistance thus all are fooles, or knaves, or both, and take part with Traitors (as they say &illegible; ayde the King) but its to keept him their prisoner. Forraigne States are thus &illegible; or would gull, for in thinking to ayde the King, they ayde Traytors against him, &illegible; politickly, intend the King, and so support their owne faction against him, and the State, thus which simple to us, or Knaves, the loyall that fight for to rescue him, seene against, &c. so traiterous, and rebellious, and those true Traytors (cause locally on his side) seem to fight for him, and they doe so indeed, for its to hold him their prisoner, to colour, and credit their Rogery as afore, so they are seemingly &illegible; all, who are most absolute desolute loyalists.

Now seeing its discovered, let fooles Knaves, and Malignants see to it, their pretend not, no longer to abuse King and State, and fight, and speake against him, is seeming to speake, and fight for him, as did DEMETRIVS Humanis, and the Princes of Darius all birds of the same Fether, for neither their bauleing, nor sophisticall pretended prate can quit them of being Traitors and Rebells to King and State at large, or content, so also there are Hypocrites murtherers, &illegible; and Cheaters, &c. and who are so, are base, base then as they are, they must passe for, and fooles let them passe for who are so cheated.

FINIS.

Endnotes

 [* ] In their &illegible; and incentions & are Athists also.

 [1. ] This they render them in contempt.

 [2. ] As in Puppet playes or other motions under needs guides all. The Kings Name, Hand, Person, &c. deceaves and conquers the Kingdome. I GNOTO.

 [3. ] Their prophane Hierarthie.

 [4. ] The riches powers and honours of Kingdomes:

 [5. ] England. Scotland. Ireland.

 [6. ] Any way.

 [7. ] Ignorant of their Rogery.

 [8. ] Ignorant, as afore of their Rogery.

 [9. ] Or the Priests bit. 1 Sam. 2. 13, 14.

 [10. ] Our geeress of Princes so all sorts.

 [* ] &illegible; are promised in the Kings name to betroy thus that Fort Castle, &c. and its all by these Traitors for themselves, they rob to pay the bribe or paies it, and 10. times more out of the places delivered up to them &illegible; Virtue that is power is &illegible; from me.


T.268 John Milton, Areopagitica (Nov., 1644).

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T.268 John Milton, Areopagitica: A Speech of Mr John Milton for the liberty of unlicensed printing, to the Parliament of England (Nov., 1644).

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Estimated date of publication

November, 1644.

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Editor’s Introduction

(Placeholder: Text will be added later.)

The text can also be found in The Prose Works of John Milton: With a Biographical Introduction by Rufus Wilmot Griswold. In Two Volumes (Philadelphia: John W. Moore, 1847). Vol. 1: </titles/milton-the-prose-works-of-john-milton-vol-1#lf0233-01_head_047>. And also at Areopagitica, with a Commentary by Sir Richard C. Jebb and with Supplementary Material (Cambridge at the University Press, 1918). </titles/103>.

Text of Pamphlet

AREOPAGITICA:
A SPEECH FOR THE LIBERTY OF UNLICENSED PRINTING.

TO THE PARLIAMENT OF ENGLAND.
  • Τοὐλέυθερον δ’ ἐϰε[Editor: illegible character]νο, ἔι τις θελει πόλει
  • Χρηςόν τι βοὐλευμ’ ε[Editor: illegible character]ς μέσον Φέρειν, ἔχων.
  • Καὶ ταῦθ’, ὁ χρήζων, λαμπρὸς ἔσθ’, ὁ μὴ θέλων,
  • Σιγᾷ, τί τȣτων ἐςιν ὶσαίτερον πόλει;
  • Euripid. Hicetid.
  • This is true Liberty, when freeborn men,
  • Having to advise the public, may speak free;
  • Which he who can, and will, deserves high praise:
  • Who neither can, nor will, may hold his peace:
  • What can be juster in a state than this?
  • Euripid. Hicetia.

They, who to states and governors of the commonwealth direct their speech, high court of parliament! or wanting such access in a private condition, write that which they foresee may advance the public good; I suppose them, as at the beginning of no mean endeavour, not a little altered and moved inwardly in their minds; some with doubt of what will be the success, others with fear of what will be the censure; some with hope, others with confidence of what they have to speak. And me perhaps each of these dispositions, as the subject was whereon I entered, may have at other times variously affected; and likely might in these foremost expressions now also disclose which of them swayed most, but that the very attempt of this address thus made, and the thought of whom it hath recourse to, hath got the power within me to a passion, far more welcome than incidental to a preface. Which though I stay not to confess ere any ask, I shall be blameless, if it be no other, than the joy and gratulation which it brings to all who wish and promote their country’s liberty; whereof this whole discourse proposed will be a certain testimony, if not a trophy. For this is not the liberty which we can hope, that no grievance ever should arise in the commonwealth, that let no man in this world expect; but when complaints are freely heard, deeply considered, and speedily reformed, then is the utmost bound of civil liberty obtained that wise men look for. To which if I now manifest, by the very sound of this which I shall utter, that we are already in good part arrived, and yet from such a steep disadvantage of tyranny and superstition grounded into our principles, as was beyond the manhood of a Roman recovery, it will be attributed first, as is most due, to the strong assistance of God, our deliverer; next to your faithful guidance and undaunted wisdom, lords and commons of England! Neither is it in God’s esteem, the diminution of his glory, when honourable things are spoken of good men, and worthy magistrates; which if I now first should begin to do after so fair a progress of your laudable deeds, and such a long obligement upon the whole realm to your indefatigable virtues, I might be justly reckoned among the tardiest and the unwillingest of them that praise ye. Nevertheless there Edition: current; Page: [167] being three principal things, without which all praising is but courtship and flattery; first, when that only is praised which is solidly worth praise; next, when greatest likelihoods are brought, that such things are truly and really in those persons, to whom they are ascribed; the other, when he who praises, by showing that such his actual persuasion is of whom he writes, can demonstrate that he flatters not, the former two of these I have heretofore endeavoured, rescuing the employment from him who went about to impair your merits with a trivial and malignant encomium; the latter as belonging chiefly to mine own acquittal, that whom I so extolled I did not flatter hath been reserved opportunely to this occasion. For he who freely magnifies what hath been nobly done, and fears not to declare as freely what might be done better, gives ye the best covenant of his fidelity; and that his loyalest affection and his hope waits on your proceedings. His highest praising is not flattery, and his plainest advice is a kind of praising; for though I should affirm and hold by argument, that it would fare better with truth, with learning, and the commonwealth, if one of your published orders, which I should name, were called in; yet at the same time it could not but much redound to the lustre of your mild and equal government, whenas private persons are hereby animated to think ye better pleased with public advice, than other statists have been delighted heretofore with public flattery. And men will then see what difference there is between the magnanimity of a triennial parliament, and that jealous haughtiness of prelates and cabin counsellors that usurped of late, whenas they shall observe ye in the midst of your victories and successes more gently brooking written exceptions against a voted order, than other courts, which had produced nothing worth memory but the weak ostentation of wealth, would have endured the least signified dislike at any sudden proclamation. If I should thus far presume upon the meek demeanour of your civil and gentle greatness, lords and commons! as what your published order hath directly said, that to gainsay, I might defend myself with ease, if any should accuse me of being new or insolent, did they but know how much better I find ye esteem it to imitate the old and elegant humanity of Greece, than the barbaric pride of a Hunnish and Norwegian stateliness. And out of those ages, to whose polite wisdom and letters we owe that we are not yet Goths and Jutlanders, I could name him who from his private house wrote that discourse to the parliament of Athens, that persuades them to change the form of democraty which was then established. Such honour was done in those days to men who professed the study of wisdom and eloquence, not only in their own country, but in other lands, that cities and signiories heard them gladly, and with great respect, if they had aught in public to admonish the state. Thus did Dion Prusæus, a stranger and a private orator, counsel the Rhodians against a former edict; and I abound with other like examples, which to set here would be superfluous. But if from the industry of a life wholly dedicated to studious labours, and those natural endowments haply not the worst for two and fifty degrees of northern latitude, so much must be derogated, as to count me not equal to any of those who had this privilege, I would obtain to be thought not so inferior, as yourselves are superior to the most of them who received their counsel; and how far you excel them, be assured, lords and commons! there can no greater testimony appear, than, when your prudent spirit ackowledges and obeys the voice of reason, from what quarter soever it be heard speaking; and renders ye as willing to repeal any act of your own setting forth, as any set forth by your predecessors.

If ye be thus resolved, as it were injury to think ye were not, I know not what should withhold me from presenting ye with a fit instance wherein Edition: current; Page: [168] to show both that love of truth which ye eminently profess, and that uprightness of your judgment which is not wont to be partial to yourselves; by judging over again that order which ye have ordained “to regulate printing; that no book, pamphlet, or paper, shall be henceforth printed, unless the same be first approved and licensed by such, or at least one of such, as shall be thereto appointed.” For that part which preserves justly every man’s copy to himself, or provides for the poor, I touch not; only wish they be not made pretences to abuse and persecute honest, and painful men, who offend not in either of these particulars. But that other clause of licensing books, which we thought had died with his brother quadragesimal and matrimonial when the prelates expired, I shall now attend with such a homily, as shall lay before ye, first, the inventors of it, to be those whom ye will be loth to own; next, what is to be thought in general of reading whatever sort the books be; and that this order avails nothing to the suppressing of scandalous, seditious, and libellous books, which were mainly intended to be suppressed. Last, that it will be primely to the discouragement of all learning, and the stop of truth, not only by disexercising and blunting our abilities, in what we know already, but by hindering and cropping the discovery that might be yet further made, both in religious and civil wisdom.

I deny not, but that it is of greatest concernment in the church and commonwealth, to have a vigilant eye how books demean themselves as well as men; and thereafter to confine, imprison, and do sharpest justice on them as malefactors; for books are not absolutely dead things, but do contain a progeny of life in them to be as active as that soul was whose progeny they are; nay, they do preserve as in a vial the purest efficacy and extraction of that living intellect that bred them. I know they are as lively, and as vigorously productive, as those fabulous dragon’s teeth; and being sown up and down, may chance to spring up armed men. And yet on the other hand, unless wariness be used, as good almost kill a man as kill a good book: who kills a man kills a reasonable creature, God’s image; but he who destroys a good book, kills reason itself, kills the image of God, as it were in the eye. Many a man lives a burden to the earth; but a good book is the precious lifeblood of a master spirit, imbalmed and treasured up on purpose to a life beyond life. It is true, no age can restore a life whereof perhaps there is no great loss; and revolutions of ages do not oft recover the loss of a rejected truth, for the want of which whole nations fare the worse. We should be wary therefore what persecution we raise against the living labours of public men, how we spill that seasoned life of man preserved and stored up in books; since we see a kind of homicide may be thus committed, sometimes a martyrdom; and if it extend to the whole impression, a kind of massacre, whereof the execution ends not in the slaying of an elemental life, but strikes at the æthereal and fifth essence, the breath of reason itself; slays an immortality rather than a life. But lest I should be condemned of introducting licence, while I oppose licensing, I refuse not the pains to be so much historical, as will serve to show what hath been done by ancient and famous commonwealths, against this disorder, till the very time that this project of licensing crept out of the inquisition, was catched up by our prelates, and hath caught some of our presbyters.

In Athens, where books and wits were ever busier that in any other part of Greece, I find but only two sorts of writings which the magistrate cared to take notice of; those either blasphemous and atheistical, or libellous. Thus the books of Protagoras were by the judges of Areopagus commanded to be burnt, and himself banished the territory for a discourse, begun with his confessing not to know, “whether there were gods, or whether not.” Edition: current; Page: [169] And against defaming, it was agreed that none should be traduced by name, as was the manner of Vetus Comœdia, whereby we may guess how they censured libelling; and this course was quick enough, as Cicero writes, to quell both the desperate wits of other atheists, and the open way of defaming, as the event showed. Of other sects and opinions, though tending to voluptuousness, and the denying of divine Providence, they took no heed. Therefore we do not read that either Epicurus, or that libertine school of Cyrene, or what the Cynic impudence uttered, was ever questioned by the laws. Neither is it recorded, that the writings of those old comedians were suppressed, though the acting of them were forbid; and that Plato commended the reading of Aristophanes, the loosest of them all, to his royal scholar Dionysius, is commonly known, and may be excused, if holy Chrysostom, as is reported, nightly studied so much the same author, and had the art to cleanse a scurrilous vehemence into the style of a rousing sermon. That other leading city of Greece, Lacedæmon, considering that Lycurgus their lawgiver was so addicted to elegant learning, as to have been the first that brought out of Ionia the scatterred works of Homer, and sent the poet Thales from Crete to prepare and mollify the Spartan surliness with his smooth songs and odes, the better to plant among them law and civility; it is to be wondered how museless and unbookish they were, minding nought but the feats of war. There needed no licensing of books among them, for they disliked all but their own laconic apophthegms, and took a slight occasion to chase Archilocus out of their city, perhaps for composing in a higher strain than their own soldiery, ballads, and roundels, could reach to; or if it were for his broad verses, they were not therein so cautious, but they were as dissolute in their promiscuous conversing; whence Euripides affirms in Andromache, that their women were all unchaste. This much may give us light after what sort of books were prohibited among the Greeks. The Romans also for many ages trained up only to a military roughness, resembling most the Lacedæmonian guise, knew of learning little but what their twelve tables and the pontific college with their augurs and flamins taught them in religion and law; so unacquainted with other learning, that when Carneades and Critolaus, with the stoic Diogenes, coming embassadors to Rome, took thereby occasion to give the city a taste of their philosophy, they were suspected for seducers by no less a man than Cato the censor, who moved it in the senate to dismiss them speedily, and to banish all such Attic babblers out of Italy. But Scipio and others of the noblest senators withstood him and his old Sabin austerity; honoured and admired the men; and the censor himself at last, in his old age, fell to the study of that whereof before he was so scrupulous. And yet at the same time, Nævius and Plautus, the first Latin comedians, had filled the city with all the borrowed scenes of Menander and Philemon. Then began to be considered there also what was to be done to libellous books and authors; for Nævius was quickly cast into prison for his unbridled pen, and released by the tribunes upon his recantation; we read also that libels were burnt, and the makers punished, by Augustus. The like severity, no doubt, was used, if aught were impiously written against their esteemed gods. Except in these two points, how the world went in books, the magistrate kept no reckoning. And therefore Lucretius, without impeachment, versifies his Epicurism, to Memmius, and had the honour to be set forth the second time by Cicero, so great a father of the commonwealth; although himself disputes against that opinion in his own writings. Nor was the satirical sharpness or naked plainness of Lucilius, or Catullus, or Flaccus, by any order prohibited. And for Edition: current; Page: [170] matters of state, the story of Titus Livius, though it extolled that part which Pompey held, was not therefore suppressed by Octavius Cæsar, of the other faction. But that Naso was by him banished in his old age, for the wanton poems of his youth, was but a mere covert of state over some secret cause; and besides, the books were neither banished nor called in. From hence we shall meet with little else but tyranny in the Roman empire, that we may not marvel, if not so often bad as good books were silenced. I shall therefore deem to have been large enough, in producing what among the ancients was punishable to write, save only which, all other arguments were free to treat on.

By this time the emperors were become Christians whose discipline in this point I do not find to have been more severe than what was formerly in practice. The books of those whom they took to be grand heretics were examined, refuted, and condemned in the general councils; and not till then were prohibited, or burnt, by authority of the emperor. As for the writings of heathen authors, unless, they were plain invectives against Christianity, as those of Porphyrius and Proclus, they met with no interdict that can be cited, till about the year 400, in a Carthaginian council, wherein bishops themselves were forbid to read the books of gentiles, but heresies they might read; while others long before them on the contrary scrupled more the books of heretics than of gentiles. And that the primitive councils and bishops were wont only to declare what books were not commendable, passing no further, but leaving it to each one’s conscience to read or to lay by, till after the year 800, is observed already by Padre Paolo the great unmasker of the Trentine council. After which time the popes of Rome, engrossing what they pleased of political rule into their own hands, extended their dominion over men’s eyes, as they had before over their judgments, burning and prohibiting to be read what they fancied not; yet sparing in their censures, and the books not many which they so dealt with; till Martin the fifth, by his bull, not only prohibited, but was the first that excommunicated the reading of heretical books; for about that time Wickliffe and Husse growing terrible, were they who first drove the papal court to a stricter policy of prohibiting. Which course Leo the tenth and his successors followed, until the council of Trent and the Spanish inquisition engendering together brought forth or perfected those catalogues and expurging indexes, that rake through the entrails of many an old good author, with a violation worse than any could be offered to his tomb. Nor did they stay in matters heretical, but any subject that was not to their palate, they either condemned in a prohibition, or had it straight into the new Purgatory of an index. To fill up the measure of encroachment, their last invention was to ordain that no book, pamphlet, or paper, should be printed (as if St. Peter had bequeathed them the keys of the press also as well as of Paradise) unless it were approved and licensed under the hands of two or three gluttonous friars. For example:

Let the chancellor Cini be pleased to see if in this present work be contained aught that may withstand the printing.—Vincent Rabbata, vicar of Florence.

I have seen this present work, and find nothing athwart the catholic faith and good manners; in witness whereof I have given, &c.—Nicolo Cini, chancellor of Florence.

Attending the precedent relation, it is allowed that this present work of Davanzati may be printed.—Vincent Rabatta, &c.

Edition: current; Page: [171]

It may be printed, July 15.—Friar Simon Mompei d’Ametia, chancellor of the holy office in Florence.

Sure they have a conceit, if he of the bottomless pit had not long since broke prison, that this quadruple exorcism would bar him down. I fear their next design will be to get into their custody the licensing of that which they say Claudius intended,* but went not through with. Vouchsafe to see another of their forms, the Roman stamp;

Imprimatur, If it seem good to the reverend master of the holy palace.—Belcastro, vicegerent.

Imprimatur.—Friar Nicholo Rodolphi, master of the holy palace.

Sometimes five imprimaturs are seen together dialogue wise in the piatza of one titlepage, complimenting and ducking each to other with their shaven reverences, whether the author, who stands by in perplexity at the foot of his epistle, shall to the press or to the spunge. These are the pretty responsories, these are the dear antiphonies, that so bewitched of late our prelates and their chaplains, with the goodly echo they made; and besotted us to the gay imitation of a lordly imprimatur, one from Lambeth-house, another from the west end of Paul’s; so apishly romanizing, that the word of command still was set down in Latin; as if the learned grammatical pen that wrote it would cast no ink without Latin; or perhaps, as they thought, because no vulgar tongue was worthy to express the pure conceit of an imprimatur; but rather, as I hope, for that our English, the language of men ever famous and foremost in the achievements of liberty, will not easily find servile letters enow to spell such a dictatory presumption Englished. And thus ye have the inventors and the original of book licensing ripped up and drawn as lineally as any pedigree. We have it not, that can be heard of, from any ancient state, or polity, or church, nor by any statute left us by our ancestors elder or later; nor from the modern custom of any reformed city or church abroad; but from the most antichristian council, and the most tyrannous inquisition, that ever inquired. Till then, books were ever as freely admitted into the world as any other birth; the issue of the brain was no more stifled than the issue of the womb; no envious Juno sat crosslegged over the nativity of any man’s intellectual offspring; but if it proved a monster, who denies but that it was justly burnt, or sunk into the sea? But that a book, in worse condition than a peccant soul, should be to stand before a jury ere it be born to the world, and undergo yet in darkness the judgment of Radamanth and his colleagues, ere it can pass the ferry backward into light, was never heard before, till that mysterious iniquity, provoked and troubled at the first entrance of reformation, sought out new limboes and new hells wherein they might include our books also within the number of their damned. And this was the rare morsel so officiously snatched up, and so illfavouredly imitated by our inquisiturient bishops, and the attendant minorites their chaplains. That ye like not now these most certain authors of this licensing order, and that all sinister intention was far distant from your thoughts, when ye were importuned the passing it, all men who know the integrity of your actions, and how ye honour truth, will clear ye readily.

But some will say, what though the inventors were bad, the thing for all that may be good. It may so; yet if that thing be no such deep invention, but obvious and easy for any man to light on, and yet best and wisest commonwealths Edition: current; Page: [172] through all ages and occasions have forborn to use it, and falsest seducers and oppressors of men were the first who took it up, and to no other purpose but to obstruct and hinder the first approach of reformation; I am of those who believe, it will be a harder alchemy than Lullius ever knew, to sublimate any good use out of such an invention. Yet this only is what I request to gain from this reason, that it may be held a dangerous and suspicious fruit, as certainly it deserves, for the tree that bore it, until I can dissect one by one the properties it has. But I have first to finish, as was propounded, what is to be thought in general of reading books, whatever sort they be, and whether be more the benefit or the harm that thence proceeds.

Not to insist upon the examples of Moses, Daniel, and Paul, who were skilful in all the learning of the Egyptians, Chaldeans, and Greeks, which could not probably be without reading their books of all sorts, in Paul especially, who thought it no defilement to insert into holy Scripture the sentences of three Greek poets, and one of them a tragedian; the question was notwithstanding sometimes controverted among the primitive doctors, but with great odds on that side which affirmed it both lawful and profitable, as was then evidently perceived, when Julian the Apostate, and subtlest enemy to our faith, made a decree forbidding Christians the study of heathen learning; for said he, they wound us with our own weapons, and with our own arts and sciences they overcome us. And indeed the Christians were put so to their shifts by this crafty means, and so much in danger to decline into all ignorance, that the two Apollinarii were fain, as a man may say, to coin all the seven liberal sciences out of the Bible, reducing it into divers forms of orations, poems, dialogues, even to the calculating of a new Christian grammar. But, saith the historian Socrates, the providence of God provided better than the industry of Apollinarius and his son, by taking away that illiterate law with the life of him who devised it. So great an injury they then held it to be deprived of Hellenic learning; and thought it a persecution more undermining, and secretly decaying the church, than the open cruelty of Decius or Dioclesian. And perhaps it was the same politic drift that the devil whipped St. Jerome in a lenten dream, for reading Cicero; or else it was a phantasm, bred by the fever which had then seized him. For had an angel been his discipliner, unless it were for dwelling too much on Ciceronianisms, and had chastised the reading, not the vanity, it had been plainly partial; first to correct him for grave Cicero, and not for scurrile Plautus, whom he confesses to have been reading not long before; next to correct him only, and let so many more ancient fathers wax old in those pleasant and florid studies without the lash of such a tutoring apparition; insomuch that Basil teaches how some good use may be made of Margites, a sportful poem, not now extant, writ by Homer; and why not then of Morgante, an Italian romance much to the same purpose? But if it be agreed we shall be tried by visions, there is a vision recorded by Eusebius, far ancienter than this tale of Jerom, to the nun Eustochium, and besides, has nothing of a fever in it. Dionysius Alexandrinus was, about the year 240, a person of great name in the church, for piety and learning, who had wont to avail himself much against heretics, by being conversant in their books; until a certain presbyter laid it scrupulously to his conscience, how he durst venture himself among those defiling volumes. The worthy man, loth to give offence, fell into a new debate with himself, what was to be thought; when suddenly a vision sent from God (it is his own epistle that so avers it) confirmed him in these words: “Read any books whatever come to thy hands, for thou art sufficient both to judge aright, and to examine each Edition: current; Page: [173] matter.” To this revelation he assented the sooner, as he confesses, because it was answerable to that of the apostle to the Thessalonians; “Prove all things, hold fast that which is good.” And he might have added another remarkable saying of the same author: “To the pure, all things are pure;” not only meats and drinks, but all kind of knowledge, whether of good or evil; the knowledge cannot defile, nor consequently the books, if the will and conscience be not defiled. For books are as meats and viands are; some of good, some of evil substance; and yet God in that unapocryphal vision said without exception, “Rise, Peter, kill and eat;” leaving the choice to each man’s discretion. Wholesome meats to a vitiated stomach differ little or nothing from unwholesome; and best books to a naughty mind are not unapplicable to occasions of evil. Bad meats will scarce breed good nourishment in the healthiest concoction; but herein the difference is of bad books, that they to a discreet and judicious reader serve in many respects to discover, to confute, to forewarn, and to illustrate. Whereof what better witness can ye expect I should produce, than one of your own now sitting in parliament, the chief of learned men reputed in this land, Mr. Selden; whose volume of natural and national laws proves, not only by great authorities brought together, but by exquisite reasons and theorems almost mathematically demonstrative, that all opinions, yea errors, known, read, and collated, are of main service and assistance toward the speedy attainment of what is truest. I conceive therefore, that when God did enlarge the universal diet of man’s body, (saving ever the rules of temperance,) he then also, as before, left arbitrary the dieting and repasting of our minds; as wherein every mature man might have to exercise his own leading capacity. How great a virtue is temperance, how much of moment through the whole life of man! Yet God commits the managing so great a trust without particular law or prescription, wholly to the demeanour of every grown man. And therefore when he himself tabled the Jews from heaven, that omer, which was every man’s daily portion of manna, is computed to have been more than might have well sufficed the heartiest feeder thrice as many meals. For those actions which enter into a man, rather than issue out of him, and therefore defile not, God uses not to captivate under a perpetual childhood of prescription, but trusts him with the gift of reason to be his own chooser; there were but little work left for preaching, if law and compulsion should grow so fast upon those things which heretofore were governed only by exhortation. Solomon informs us, that much reading is a weariness to the flesh; but neither he, nor other inspired author, tells us that such or such reading is unlawful; yet certainly had God thought good to limit us herein, it had been much more expedient to have told us what was unlawful, than what was wearisome. As for the burning of those Ephesian books by St. Paul’s converts; it is replied, the books were magic, the Syriac so renders them. It was a private act, a voluntary act, and leaves us to a voluntary imitation: the men in remorse burnt those books which were their own; the magistrate by this example is not appointed; these men practised the books, another might perhaps have read them in some sort usefully. Good and evil we know in the field of this world grow up together almost inseparably; and the knowledge of good is so involved and interwoven with the knowledge of evil, and in so many cunning resemblances hardly to be discerned, that those confused seeds which were imposed upon Psyche as an incessant labour to cull out, and sort asunder, were not more intermixed. It was from out the rind of one apple tasted, that the knowledge of good and evil, as two twins cleaving together, leaped forth into the world. And perhaps this is that doom which Adam fell into Edition: current; Page: [174] of knowing good and evil, that is to say, of knowing good by evil. As therefore the state of man now is, what wisdom can there be to choose, what continence to forbear, without the knowledge of evil? He that can apprehend and consider vice with all her baits and seeming pleasures, and yet abstain, and yet distinguish, and yet prefer that which is truly better, he is the true warfaring Christian. I cannot praise a fugitive and cloistered virtue unexercised, and unbreathed, that never sallies out and sees her adversary, but slinks out of the race, where that immortal garland is to be run for, not without dust and heat. Assuredly we bring not innocence into the world, we bring impurity much rather; that which purifies us is trial, and trial is by what is contrary. That virtue therefore which is but a youngling in the contemplation of evil, and knows not the utmost that vice promises to her followers, and rejects it, is but a blank virtue, not a pure; her whiteness is but an excremental whiteness; which was the reason why our sage and serious poet Spenser, (whom I dare be known to think a better teacher than Scotus or Aquinas,) describing true temperance under the person of Guion, brings him in with his palmer through the cave of Mammon, and the bower of earthly bliss, that he might see and know, and yet abstain. Since therefore the knowledge and survey of vice is in this world so necessary to the constituting of human virtue, and the scanning of error to the confirmation of truth, how can we more safely, and with less danger, scout into the regions of sin and faisity, than by reading all manner of tractates, and hearing all manner of reason? And this is the benefit which may be had of books promiscuously read. But of the harm that may result hence, three kinds are usually reckoned. First, is feared the infection that may spread; but then, all human learning and controversy in religious points must remove out of the world, yea, the Bible itself; for that ofttimes relates blasphemy not nicely; it describes the carnal sense of wicked men not unelegantly; it brings in holiest men passionately murmuring against providence through all the arguments of Epicurus; in other great disputes it answers dubiously and darkly to the common reader; and ask a Talmudist what ails the modesty of his marginal Keri, that Moses and all the prophets cannot persuade him to pronounce the textual Chetiv. For these causes we all know the Bible itself put by the papist into the first rank of prohibited books. The ancientest fathers must be next removed, as Clement of Alexandria, and that Eusebian book of evangelic preparation, transmitting our ears through a hoard of heathenish obscenities to receive the gospel. Who finds not that Irenæus, Epiphanius, Jerom, and others discover more heresies than they well confute, and that oft for heresy which is the truer opinion? Nor boots it to say for these, and all the heathen writers of greatest infection if it must be thought so, with whom is bound up the life of human learning, that they writ in an unknown tongue, so long as we are sure those languages are known as well to the worst of men, who are both most able, and most diligent to instil the poison they suck, first into the courts of princes, acquainting them with the choicest delights, and criticisms of sin. As perhaps did that Petronius, whom Nero called his arbiter, the master of his revels; and that notorious ribald of Arezzo, dreaded and yet dear to the Italian courtiers. I name not him for posterity’s sake, whom Henry the Eighth named in merriment his vicar of hell. By which compendious way all the contagion that foreign books can infuse, will find a passage to the people far easier and shorter than an Indian voyage, though it could be sailed either by the north of Cataio eastward, or of Canada westward, while our Spanish licensing gags the English press never so severely. But on the other side, that infection which is from books of controversy Edition: current; Page: [175] in religion, is more doubtful and dangerous to the learned, than to the ignorant; and yet those books must be permitted untouched by the licenser. It will be hard to instance where any ignorant man hath been ever seduced by any papistical book in English, unless it were commended and expounded to him by some of that clergy; and indeed all such tractates, whether false or true, are as the prophecy of Isaiah was to the eunuch, not to be “understood without a guide.” But of our priests and doctors how many have been corrupted by studying the comments of Jesuits and Sorbonists, and how fast they could transfuse that corruption into the people, our experience is both late and sad. It is not forgot, since the acute and distinct Arminius was perverted merely by the perusing of a nameless discourse written at Delft, which at first he took in hand to confute. Seeing therefore that those books, and those in great abundance which are likeliest to taint both life and doctrine, cannot be suppressed without the fall of learning, and of all ability in disputation, and that these books of either sort are most and soonest catching to the learned, (from whom to the common people whatever is heretical or dissolute may quickly be conveyed,) and that evil manners are as perfectly learnt without books a thousand other ways which cannot be stopped, and evil doctrine not with books can propagate, except a teacher guide, which he might also do without writing, and so beyond prohibiting; I am not unable to unfold, how this cautelous enterprise of licensing can be exempted from the number of vain and impossible attempts. And he who were pleasantly disposed, could not well avoid to liken it to the exploit of that gallant man, who thought to pound up the crows by shutting his park gate. Besides another inconvenience, if learned men be the first receivers out of books, and dispreaders both of vice and error, how shall the licensers themselves be confided in, unless we can confer upon them, or they assume to themselves above all others in the land, the grace of infallibility and uncorruptedness? And again, if it be true, that a wise man, like a good refiner, can gather gold out of the drossiest volume, and that a fool will be a fool with the best book, yea, or without book; there is no reason that we should deprive a wise man of any advantage to his wisdom, while we seek to restrain from a fool that which being restrained will be no hinderance to his folly. For if there should be so much exactness always used to keep that from him which is unfit for his reading, we should in the judgment of Aristotle not only, but of Solomon, and of our Saviour, not vouchsafe him good precepts, and by consequence not willingly admit him to good books; as being certain that a wise man will make better use of an idle pamphlet, than a fool will do of sacred Scripture.

It is next alleged, we must not expose ourselves to temptations without necessity, and next to that, not employ our time in vain things. To both these objections one answer will serve, out of the grounds already laid, that to all men such books are not temptations, nor vanities; but useful drugs and materials wherewith to temper and compose effective and strong medicines, which man’s life cannot want. The rest, as children and childish men, who have not the art to qualify and prepare these working minerals, well may be exhorted to forbear, but hindered forcibly they cannot be, by all the licensing that sainted inquisition could ever yet contrive; which is what I promised to deliver next: that this order of licensing conduces nothing to the end for which it was framed; and hath almost prevented me by being clear already while thus much hath been explaining. See the ingenuity of truth, who, when she gets a free and willing hand, opens herself faster than the pace of method and discourse can overtake her. It was the task which I began with, to show that no nation, or well instituted state, if they Edition: current; Page: [176] valued books at all, did ever use this way of licensing; and it might be answered, that this is a piece of prudence lately discovered. To which I return, that as it was a thing slight and obvious to think on, so if it had been difficult to find out, there wanted not among them long since, who suggested such a course; which they not following, leave us a pattern of their judgment that it was not the not knowing, but the not approving, which was the cause of their not using it. Plato, a man of high authority indeed, but least of all for his Commonwealth, in the book of his laws, which no city ever yet received, fed his fancy with making many edicts to his airy burgomasters, which they who otherwise admire him wish had been rather buried and excused in the genial cups of an academic night sitting. By which laws he seems to tolerate no kind of learning, but by unalterable decree, consisting most of practical traditions, to the attainment whereof a library of smaller bulk than his own dialogues would be abundant. And there also enacts, that no poet should so much as read to any private man what he had written, until the judges and law keepers had seen it, and allowed it; but that Plato meant this law peculiarly to that commonwealth which he had imagined, and to no other, is evident. Why was he not else a lawgiver to himself, but a transgressor, and to be expelled by his own magistrates, both for the wanton epigrams and dialogues which he made, and his perpetual reading of Sophron, Mimus and Aristophanes, books of grossest infamy; and also for commending the latter of them, though he were the malicious libeller of his chief friends, to be read by the tyrant Dionysius, who had little need of such trash to spend his time on? But that he knew this licensing of poems had reference and dependance to many other provisoes there set down in his fancied republic, which in this world could have no place; and so neither he himself, nor any magistrate or city ever imitated that course, which taken apart from those other collateral injunctions must needs be vain and fruitless. For if they fell upon one kind of strictness, unless their care were equal to regulate all other things of like aptness to corrupt the mind, that single endeavour they knew would be but a fond labour; to shut and fortify one gate against corruption, and be necessitated to leave others round about wide open. If we think to regulate printing, thereby to rectify manners, we must regulate all recreations and pastimes, all that is delightful to man. No music must be heard, no song be set or sung, but what is grave and doric. There must be licensing dancers, that no gesture, motion or deportment be taught our youth, but what by their allowance shall be thought honest; for such Plato was provided of. It will ask more than the work of twenty licensers to examine all the lutes, the violins, and the guitars in every house; they must not be suffered to prattle as they do, but must be licensed what they may say. And who shall silence all the airs and madrigals that whisper softness in chambers? The windows also, and the balconies must be thought on; there are shrewd books, with dangerous frontispieces, set to sale; who shall prohibit them, shall twenty licensers? The villages also must have their visiters to inquire what lectures the bagpipe and the rebec reads, even to the ballatry and the gamut of every municipal fiddler; for these are the countryman’s Arcadias, and his Monte Mayors. Next, what more national corruption, for which England hears ill abroad, than household gluttony; who shall be the rectors of our daily rioting? And what shall be done to inhibit the multitudes, that frequent those houses where drunkenness is sold and harboured? Our garments also should be referred to the licensing of some more sober workmasters, to see them cut into a less wanton garb. Who shall regulate all the mixed conversation of our youth, male and female together, as is the Edition: current; Page: [177] fashion of this country? Who shall still appoint what shall be discoursed, what presumed, and no further? Lastly, who shall forbid and separate all idle resort, all evil company? These things will be, and must be; but how they shall be least hurtful, how least enticing, herein consists the grave and governing wisdom of a state. To sequester out of the world into Atlantic and Eutopian politics which never can be drawn into use, will not mend our condition; but to ordain wisely as in this world of evil, in the midst whereof God hath placed us unavoidably. Nor is it Plato’s licensing of books will do this, which necessarily pulls along with it so many other kinds of licensing, as will make us all both ridiculous and weary and yet frustrate; but those unwritten, or at least unconstraining laws of virtuous education, religious and civil nurture, which Plato there mentions, as the bonds and ligaments of the commonwealth, the pillars and the sustainers of every written statute; these they be, which will bear chief sway in such matters as these, when all licensing will be easily eluded. Impunity and remissness for certain are the bane of a commonwealth; but here the great art lies, to discern in what the law is to bid restraint and punishment, and in what things persuasion only is to work. If every action which is good or evil in man at ripe years were to be under pittance, prescription, and compulsion, what were virtue but a name, what praise could be then due to well doing, what gramercy to be sober, just, or continent? Many there be that complain of divine Providence for suffering Adam to transgress. Foolish tongues! when God gave him reason, he gave him freedom to choose, for reason is but choosing; he had been else a mere artificial Adam, such an Adam as he is in the motions. We ourselves esteem not of that obedience, or love, or gift, which is of force; God therefore left him free, set before him a provoking object, ever almost in his eyes; herein consisted his merit, herein the right of his reward, the praise of his abstinence. Wherefore did he create passions within us, pleasures round about us, but that these rightly tempered are the very ingredients of virtue? They are not skilful considerers of human things, who imagine to remove sin, by removing the matter of sin; for, besides that it is a huge heap increasing under the very act of diminishing, though some part of it may for a time be withdrawn from some persons, it cannot from all, in such a universal things as books are; and when this is done, yet the sin remains entire. Though ye take from a covetous man all his treasure, he has yet one jewel left, ye cannot bereave him of his covetousness. Banish all objects of lust, shut up all youth into the severest discipline that can be exercised in any hermitage, ye cannot make them chaste, that came not thither so: such great care and wisdom is required to the right managing of this point. Suppose we could expel sin by this means; look how much we thus expel of sin, so much we expel of virtue: for the matter of them both is the same: remove that and ye remove them both alike. This justifies the high providence of God, who though he commands us temperance, justice, continence, yet pours out before us even to a profuseness all desirable things, and gives us minds that can wander beyond all limit and satiety. Why should we then affect a rigour contrary to the manner of God and of nature, by abridging or scanting those means which books, freely permitted, are both to the trial of virtue, and the exercise of truth? It would be better done, to learn that the law must needs be frivolous, which goes to restrain things, uncertainly and yet equally working to good and to evil. And were I the chooser, a dram of well doing should be preferred before many times as much the forcible hinderance of evil doing. For God sure esteems the growth and completing of one virtuous person, more than the restraint of ten vicious. And albeit, whatever Edition: current; Page: [178] thing we hear or see, sitting, walking, travelling, or conversing, may be fitly called our book, and is of the same effect that writings are; yet grant the thing to be prohibited were only books, it appears that this order hitherto is far insufficient to the end which it intends. Do we not see, not once or oftener, but weekly, that continued court-libel against the parliament and city, printed, as the wet sheets can witness, and dispersed among us for all that licensing can do? Yet this is the prime service a man would think wherein this order should give proof of itself. If it were executed, you will say. But certain, if execution be remiss or blindfold now, and in this particular, what will it be hereafter, and in other books? If then the order shall not be vain and frustrate, behold a new labour, lords and commons, ye must repeal and proscribe all scandalous and unlicensed books already printed and divulged; after ye have drawn them up into a list, that all may know which are condemned, and which not; and ordain that no foreign books be delivered out of custody, till they have been read over. This office will require the whole time of not a few overseers, and those no vulgar men. There be also books which are partly useful and excellent, partly culpable and pernicious; this work will ask as many more officials, to make expurgations and expunctions, that the commonwealth of learning be not damnified. In fine, when the multitude of books increase upon their hands, ye must be fain to catalogue all those printers who are found frequently offending, and forbid the importation of their whole suspected typography. In a word, that this your order may be exact, and not deficient, ye must reform it perfectly according to the model of Trent and Sevil, which I know ye abhor to do. Yet though ye should condescend to this, which God forbid, the order still would be but fruitless and defective to that end whereto ye meant it. If to prevent sects and schisms, who is so unread or uncatechised in story, that hath not heard of many sects refusing books as a hinderance, and preserving their doctrine unmixed for many ages, only by unwritten traditions? The Christian faith, (for that was once a schism!) is not unknown to have spread all over Asia, ere any gospel or epistle was seen in writing. If the amendment of manners be aimed at, look into Italy and Spain, whether those places be one scruple the better the honester, the wiser, the chaster, since all the inquisitional rigour that hath been executed upon books.

Another reason, whereby to make it plain that this order will miss the end it seeks, consider by the quality which ought to be in every licenser. It cannot be denied, but that he who is made judge to sit upon the birth or death of books, whether they may be wafted into this world or not, had need to be a man above the common measure, both studious, learned, and judicious; there may be else no mean mistakes in the censure of what is passable or not; which is also no mean injury. If he be of such worth as behoves him, there cannot be a more tedious and unpleasing journeywork, a greater loss of time levied upon his head than to be made the perpetual reader of unchosen books and pamphlets, ofttimes huge volumes. There is no book that is acceptable, unless at certain seasons; but to be enjoined the reading of that at all times, and in a hand scarce legible, whereof three pages would not down at any time in the fairest print, is an imposition which I cannot believe how he that values time, and his own studies, or is but of a sensible nostril, should be able to endure. In this one thing I crave leave of the present licensers to be pardoned for so thinking; who doubtless took this office up, looking on it through their obedience to the parliament, whose command perhaps made all things seem easy and unlaborious to them; but that this short trial hath wearied them out already, their own expressions and excuses to them, who make so many journeys to solicit their license, Edition: current; Page: [179] are testimony enough. Seeing therefore those who now possess the employment, by all evident signs wish themselves well rid of it, and that no man of worth, none that is not a plain unthrift of his own hours, is ever likely to succeed them except he mean to put himself to the salary of a press corrector, we may easily foresee what kind of licensers we are to expect hereafter, either ignorant, imperious, and remiss, or basely pecuniary. This is what I had to show wherein this order cannot conduce to that end, whereof it bears the intention.

I lastly proceed from the no good it can do, to the manifest hurt it causes, in being first the greatest discouragement and affront that can be offered to learning, and to learned men. It was the complaint and lamentation of prelates, upon every least breath of a motion to remove pluralties, and distribute more equally church revenues, that then all learning would be for ever dashed and discouraged. But as for that opinion, I never found cause to think, that the tenth part of learning stood or fell with the clergy: nor could I ever but hold it for a sordid and unworthy speech of any churchman, who had a competency left him. If therefore ye be loth to dishearten utterly and discontent, not the mercenary crew of false pretenders to learning, but the free and ingenuous sort of such as evidently were born to study and love learning for itself, not for lucre, or any other end, but the service of God and of truth, and perhaps that lasting fame and perpetuity of praise, which God and good men have consented shall be the reward of those, whose published labours advance the good of mankind: then know, that so far to distrust the judgment and the honesty of one who hath but a common repute in learning, and never yet offended, as not to count him fit to print his mind without a tutor and examiner, lest he should drop a schism, or something of corruption, is the greatest displeasure and indignity to a free and knowing spirit, that can be put upon him. What advantage is it to be a man, over it is to be a boy at school, if we have only escaped the ferula, to come under the fescue of an Imprimatur? If serious and elaborate writings, as if they were no more than the theme of a grammar-lad under his pedagogue, must not be uttered without the cursory eyes of a temporizing and extemporizing licenser? He who is not trusted with his own actions, his drift not being known to be evil, and standing to the hazard of law and penalty, has no great argument to think himself reputed in the commonwealth wherein he was born for other than a fool or a foreigner. When a man writes to the world, he summons up all his reason and deliberation to assist him; he searches, meditates, is industrious, and likely consults and confers with his judicious friends; after all which done, he takes himself to be informed in what he writes, as well as any that writ before him; if in this the most consummate act of his fidelity and ripeness, no years, no industry, no former proof of his abilities can bring him to that state of maturity, as not to be still mistrusted and suspected, unless he carry all his considerate diligence, all his midnight watchings, and expense of Palladian oil, to the hasty view of an unleisured licenser, perhaps much his younger, perhaps far his inferior in judgment, perhaps one who never knew the labour of bookwriting; and if he be not repulsed, or slighted, must appear in print like a puny with his guardian, and his censor’s hand on the back of his title to be his bail and surety, that he is no idiot or seducer; it cannot be but a dishonour and derogation to the author, to the book, to the privilege and dignity of learning. And what if the author shall be one so copious of fancy, as to have many things well worth the adding, come into his mind after licensing, while the book is yet under the press, which not seldom happens to the Edition: current; Page: [180] best and diligentest writers; and that perhaps a dozen times in one book. The printer dares not go beyond his licensed copy; so often then must the author trudge to his leave-giver, that those his new insertions may be viewed; and many a jaunt will be made, ere that licenser, for it must be the same man, can either be found, or found at leisure; meanwhile either the press must stand still, which is no small damage, or the author lose his accuratest thoughts, and send the book forth worse than he had made it, which to a diligent writer is the greatest melancholy and vexation that can befal. And how can a man teach with authority, which is the life of teaching; how can he be a doctor in his book as he ought to be, or else had better be silent, whenas all he teaches, all he delivers, is but under the tuition, under the correction of his patriarchal licenser, to blot or alter what precisely accords not with the hidebound humour which he calls his judgment? When every acute reader upon the first sight of a pedantic license, will be ready with these like words to ding the book a coit’s distance from him, I hate a pupil teacher, I endure not an instructor that comes to me under the wardship of an overseeing fist. I know nothing of the licenser, but that I have his own hand here for his arrogance; who shall warrant me his judgment? The state, sir, replies the stationer: but has a quick return, the state shall be my governors, but not my critics; they may be mistaken in the choice of a licenser, as easily as this licenser may be mistaken in an author. This is some common stuff; and he might add from Sir Francis Bacon, that “such authorized books are but the language of the times.” For though a licenser should happen to be judicious more than ordinary, which will be a great jeopardy of the next succession, yet his very office and his commission enjoins him to let pass nothing but what is vulgarly received already. Nay, which is more lamentable, if the work of any deceased author, though never so famous in his lifetime, and even to this day, comes to their hands for license to be printed, or reprinted, if there be found in his book one sentence of a venturous edge, uttered in the height of zeal, (and who knows whether it might not be the dictate of a divine spirit?) yet not suiting with every low decrepit humour of their own, though it were Knox himself, the reformer of a kingdom, that spake it, they will not pardon him their dash; the sense of that great man shall to all posterity be lost, for the fearfulness, or the presumptuous rashness of a perfunctory licenser. And to what an author this violence hath been lately done, and in what book of greatest consequence to be faithfully published, I could now instance, but shall forbear till a more convenient season. Yet if these things be not resented seriously and timely by them who have the remedy in their power, but that such iron-moulds as these shall have authority to gnaw out the choicest periods of exquisitest books, and to commit such a treacherous fraud against the orphan remainders of worthiest men after death, the more sorrow will belong to that hapless race of men, whose misfortune it is to have understanding. Henceforth let no man care to learn, or care to be more than worldly wise; for certainly in higher matters to be ignorant and slothful, to be a common stedfast dunce, will be the only pleasant life, and only in request.

And as it is a particular disesteem of every knowing person alive, and most injurious to the written labours and monuments of the dead, so to me it seems an undervaluing and vilifying of the whole nation. I cannot set so light by all the invention, the art, the wit, the grave and solid judgment which is in England, as that it can be comprehended in any twenty capacities how good soever; much less that it should not pass except their superintendence be over it, except it be sifted and strained with their Edition: current; Page: [181] strainers, that it should be uncurrent without their manual stamp. Truth and understanding are not such wares as to be monopolized and traded in by tickets, and statutes, and standards. We must not think to make a staple commodity of all the knowledge in the land, to mark and license it like our broadcloth and our woolpacks. What is it but a servitude like that imposed by the Philistines, not to be allowed the sharpening of our own axes and coulters, but we must repair from all quarters to twenty licensing forges? Had any one written and divulged erroneous things and scandalous to honest life, misusing and forfeiting the esteem had of his reason among men; if after conviction this only censure were adjudged him, that he should never henceforth write, but what were first examined by an appointed officer, whose hand should be annexed to pass his credit for him, that now he might be safely read; it could not be apprehended less than a disgraceful punishment. Whence to include the whole nation, and those that never yet thus offended, under such a diffident and suspectful prohibition, may plainly be understood what a disparagement it is. So much the more whenas debtors and delinquents may walk abroad without a keeper, but unoffensive books must not stir forth without a visible jailor in their title. Nor is it to the common people less than a reproach; for if we be so jealous over them, as that we dare not trust them with an English pamphlet, what do we but censure them for a giddy, vicious, and ungrounded people; in such a sick and weak state of faith and discretion, as to be able to take nothing down but through the pipe of a licenser? That this is care or love of them, we cannot pretend, whenas in those popish places, where the laity are most hated and despised, the same strictness is used over them. Wisdom we cannot call it, because it stops but one breach of license, nor that neither: whenas those corruptions, which it seeks to prevent, break in faster at other doors, which cannot be shut.

And in conclusion it reflects to the disrepute of our ministers, also, of whose labours we should hope better, and of their proficiency which their flock reaps by them, than that after all this light of the gospel which is, and is to be, and all this continual preaching, they should be still frequented with such an unprincipled, unedified, and laic rabble, as that the whiff of every new pamphlet should stagger them out of their catechism and Christian walking. This may have much reason to discourage the ministers, when such a low conceit is had of all their exhortations, and the benefiting of their hearers, as that they are not thought fit to be turned loose to three sheets of paper without a licenser; that all the sermons, all the lectures preached, printed, vended in such numbers, and such volumes, as have now well-nigh made all other books unsaleable, should not be armour enough against one single Enchiridion, without the castle of St. Angelo of an Imprimatur.

And lest some should persuade ye, lords and commons, that these arguments of other learned men’s discouragement at this your order are mere flourishes, and not real, I could recount what I have seen and heard in other countries, where this kind of inquisition tyrannizes; when I have sat among their learned men, (for that honour I had,) and been counted happy to be born in such a place of philosophic freedom, as they supposed England was, while themselves did nothing but bemoan the servile condition into which learning amongst them was brought; that this was it which had damped the glory of Italian wits; that nothing had been there written now these many years but flattery and fustian. There it was that I found and visited the famous Galileo, grown old, a prisoner to the inquisition, for thinking in astronomy otherwise than the Franciscan and Dominican licensers Edition: current; Page: [182] thought. And though I knew that England then was groaning loudest under the prelatical yoke, nevertheless I took it as a pledge of future happiness, that other nations were so persuaded of her liberty. Yet was it beyond my hope, that those worthies were then breathing in her air, who should be her leaders to such a deliverance, as shall never be forgotten by any revolution of time that this world hath to finish. When that was once begun, it was as little in my fear, that what words of complaint I heard among learned men of other parts uttered against the inquisition, the same I should hear by as learned men at home uttered in time of parliament against an order of licensing; and that so generally, that when I had disclosed myself a companion of their discontent, I might say, if without envy, that he whom an honest quæstorship had endeared to the Sicilians, was not more by them importuned against Verres, than the favourable opinion which I had among many who honour ye, and are known and respected by ye, loaded me with entreaties and persuasions, that I would not despair to lay together that which just reason should bring into my mind, toward the removal of an undeserved thraldom upon learning. That this is not therefore the disburdening of a particular fancy, but the common grievance of all those who had prepared their minds and studies above the vulgar pitch to advance truth in others, and from others to entertain it, thus much may satisfy. And in their name I shall for neither friend nor foe conceal what the general murmur is; that if it come to inquisitioning again, and licensing, and that we are so timorous of ourselves, and suspicious of all men, as to fear each book, and the shaking of every leaf, before we know what the contents are; if some who but of late were little better than silenced from preaching, shall come now to silence us from reading, except what they please, it cannot be guessed what is intended by some but a second tyranny over learning: and will soon put it out of controversy, that bishops and presbyters are the same to us both name and thing. That those evils of prelaty which before from five or six and twenty sees were distributively charged upon the whole people, will now light wholly upon learning, is not obscure to us: whenas now the pastor of a small unlearned parish, on the sudden shall be exalted archbishop over a large diocese of books, and yet not remove, but keep his other cure too, a mystical pluralist. He who but of late cried down the sole ordination of every novice bachelor of art, and denied sole jurisdiction over the simplest parishioner, shall now at home in his private chair assume both these over worthiest and excellentest books, and ablest authors that write them. This is not, ye covenants and protestations that we have made! this is not to put down prelaty; this is but to chop an episcopacy; this is but to translate the palace metropolitan from one kind of dominion into another; this is but an old canonical sleight of commuting our penance. To startle thus betimes at a mere unlicensed pamphlet, will, after a while, be afraid of every conventicle, and a while after will make a conventicle of every Christian meeting. But I am certain, that a state governed by the rules of justice and fortitude, or a church built and founded upon the rock of faith and true knowledge, cannot be so pusillanimous. While things are yet not constituted in religion, that freedom of writing should be restrained by a discipline imitated from the prelates, and learned by them from the inquisition to shut us up all again into the breast of a licenser, must needs give cause of doubt and discouragement to all learned and religious men: who cannot but discern the fineness of this politic drift, and who are the contrivers; that while bishops were to be baited down, then all presses might be open; it was the people’s birthright and privilege in time of parliament, it was Edition: current; Page: [183] the breaking forth of light. But now the bishops abrogated and voided out of the church, as if our reformation sought no more, but to make room for others into their seats under another name; the episcopal arts begin to bud again; the cruise of truth must run no more oil; liberty of printing must be enthralled again under a prelatical commission of twenty; the privilege of the people nullified; and which is worse, the freedom of learning must groan again, and to her old fetters, all this the parliament yet sitting. Although their own late arguments and defences against the prelates might remember them, that this obstructing violence meets for the most part with an event utterly opposite to the end which it drives at: instead of suppressing sects and schisms, it raises them and invests them with a reputation: “the punishing of wits enhances their authority,” saith the Viscount St. Albans; “and a forbidding writing is thought to be a certain spark of truth, that flies up in the faces of them who seek to tread it out.” This order therefore may prove a nursing mother to sects, but I shall easily show how it will be a stepdame to truth: and first by disenabling us to the maintenance of what is known already.

Well knows he who uses to consider, that our faith and knowledge thrives by exercise, as well as our limbs and complexion. Truth is compared in Scripture to a streaming fountain; if her waters flow not in a perpetual progression, they sicken into a muddy pool of conformity and tradition. A man may be a heretic in the truth; and if he believe things only because his pastor says so, or the assembly so determines, without knowing other reason, though his belief be true, yet the very truth he holds becomes his heresy. There is not any burden, that some would gladlier post off to another, than the charge and care of their religion. There be, who knows not that there be of protestants and professors, who live and die in as errant and implicit faith, as any lay papist of Loretto. A wealthy man, addicted to his pleasure and to his profits, finds religion to be a traffic so entangled, and of so many piddling accounts, that of all mysteries he cannot skill to keep a stock going upon that trade. What should he do? Fain he would have the name to be religious, fain he would bear up with his neighbours in that. What does he therefore, but resolves to give over toiling, and to find himself out some factor, to whose care and credit he may commit the whole managing of his religious affairs; some divine of note and estimation that must be. To him he adheres, resigns the whole warehouse of his religion, with all the locks and keys, into his custody; and indeed makes the very person of that man his religion; esteems his associating with him a sufficient evidence and commendatory of his own piety. So that a man may say his religion is now no more within himself, but is become a dividual movable, and goes and comes near him, according as that good man frequents the house. He entertains him, gives him gifts, feasts him, lodges him; his religion comes home at night, prays, is liberally supped, and sumptuously laid to sleep; rises, is saluted, and after the malmsey, or some well-spiced bruage, and better breakfasted, than he whose morning appetite would have gladly fed on green figs between Bethany and Jerusalem, his religion walks abroad at eight, and leaves his kind entertainer in the shop trading all day without his religion.

Another sort there be, who, when they hear that all things shall be ordered, all things regulated and settled; nothing written but what passes through the customhouse of certain publicans that have the tonnaging and poundaging of all free spoken truth; will straight give themselves up into your hands, make them and cut them out what religion ye please: there be delights, there be recreations and jolly pastimes, that will fetch the day Edition: current; Page: [184] about from sun to sun, and rock the tedious year as in a delightful dream. What need they torture their heads with that which others have taken so strictly, and so unalterably into their own purveying? These are the fruits, which a dull ease and cessation of our knowledge will bring forth among the people. How goodly, and how to be wished were such an obedient unanimity as this! What a fine conformity would it starch us all into! Doubtless a staunch and solid piece of framework, as any January could freeze together.

Nor much better will be the consequence even among the clergy themselves: it is no new thing never heard of before, for a parochial minister, who has his reward, and is at his Hercules pillars in a warm benefice, to be easily inclinable, if he have nothing else that may rouse up his studies, to finish his circuit in an English Concordance and a topic folio, the gatherings and savings of a sober graduateship, a Harmony and a Catena, treading the constant round of certain common doctrinal heads, attended with their uses, motives, marks and means; out of which, as out of an alphabet or sol fa, by forming and transforming, joining and disjoining variously, a little bookcraft, and two hours’ meditation, might furnish him unspeakably to the performance of more than a weekly charge of sermoning: not to reckon up the infinite helps of interliniaries, breviaries, synopses, and other loitering gear. But as for the multitude of sermons ready printed and piled up, on every text that is not difficult, our London trading St. Thomas in his vestry, and add to boot St. Martin and St. Hugh, have not within their hallowed limits more vendible ware of all sorts ready made: so that penury he never need fear of pulpit provision, having wherewith so plenteously to refresh his magazine. But if his rear and flanks be not impaled, if his back door be not secured by the rigid licenser, but that a bold book may now and then issue forth, and give the assault to some of his old collections in their trenches, it will concern him then to keep waking, to stand in watch, to set good guards and sentinels about his received opinions, to walk the round and counter-round with his fellow inspectors, fearing lest any of his flock be seduced, who also then would be better instructed, better exercised and disciplined. And God send that the fear of this diligence, which must then be used, do not make us affect the laziness of a licensing church!

For if we be sure we are in the right, and do not hold the truth guiltily, which becomes not, if we ourselves condemn not our own weak and frivolous teaching, and the people for an untaught and irreligious gadding rout; what can be more fair, than when a man, judicious, learned, and of a conscience, for aught we know as good as theirs that taught us what we know, shall not privily from house to house, which is more dangerous, but openly by writing, publish to the world what his opinion is, what his reasons, and wherefore that which is now thought cannot be sound? Christ urged it as wherewith to justify himself that he preached in public; yet writing is more public than preaching; and more easy to refutation if need be, there being so many whose business and profession merely it is to be the champions of truth; which if they neglect, what can be imputed but their sloth or unability?

Thus much we are hindered and disinured by this course of licensing toward the true knowledge of what we seem to know. For how much it hurts and hinders the licensers themselves in the calling of their ministry, more than any secular employment, if they will discharge that office as they ought, so that of necessity they must neglect either the one duty or the Edition: current; Page: [185] other; I insist not, because it is a particular, but leave it to their own conscience, how they will decide it there.

There is yet behind of what I purposed to lay open, the incredible loss and detriment that this plot of licensing puts us to, more than if some enemy at sea should stop up all our havens, and ports, and creeks; it hinders and retards the importation of our richest merchandise, truth: nay, it was first established and put in practice by anti-christian malice and mystery on set purpose to extinguish, if it were possible, the light of reformation, and to settle falsehood; little differing from that policy wherewith the Turk upholds his Alcoran, by the prohibiting of printing. It is not denied, but gladly confessed, we are to send our thanks and vows to Heaven, louder than most of nations, for that great measure of truth which we enjoy, especially in those main points between us and the pope, with his appurtenances the prelates: but he who thinks we are to pitch our tent here, and have attained the utmost prospect of reformation, that the mortal glass wherein we contemplate can show us, till we come to beatific vision; that man by this very opinion declares, that he is yet far short of truth.

Truth indeed came once into the world with her divine master, and was a perfect shape most glorious to look on: but when he ascended, and his apostles after him were laid asleep, then straight arose a wicked race of deceivers, who, as that story goes of the Egyptian Typhon with his conspirators, how they dealt with the good Osiris, took the virgin Truth, hewed her lovely form into a thousand pieces, and scattered them to the four winds. From that time ever since, the sad friends of Truth, such as durst appear, imitating the careful search that Isis made for the mangled body of Osiris, went up and down gathering up limb by limb still as they could find them. We have not yet found them all, lords and commons, nor ever shall do, till her master’s second coming; he shall bring together every joint and member, and shall mould them into an immortal feature of loveliness and perfection. Suffer not these licensing prohibitions to stand at every place of opportunity forbidding and disturbing them that continue seeking, that continue to do our obsequies to the torn body of our martyred saint. We boast our light; but if we look not wisely on the sun itself, it smites us into darkness. Who can discern those planets that are oft combust, and those stars of brightest magnitude, that rise and set with the sun, until the opposite motion of their orbs bring them to such a place in the firmament, where they may be seen evening or morning? The light which we have gained, was given us, not to be ever staring on, but by it to discover onward things more remote from our knowledge. It is not the unfrocking of a priest, the unmitring of a bishop, and the removing him from off the presbyterian shoulders, that will make us a happy nation; no, if other things as great in the church, and in the rule of life both œconomical and political, be not looked into and reformed, we have looked so long upon the blaze that Zuinglius and Calvin have beaconed up to us, that we are stark blind. There be who perpetually complain of schisms and sects, and make it such a calamity that any man dissents from their maxims. It is their own pride and ignorance which causes the disturbing, who neither will hear with meekness, nor can convince, yet all must be suppressed which is not found in their Syntagma. They are the troublers, they are the dividers of unity, who neglect and permit not others to unite those dissevered pieces, which are yet wanting to the body of truth. To be still searching what we know not, by what we know, still closing up truth to truth as we find it, (for all her body is homogeneal, and proportional,) this is the golden rule in theology as well as in arithmetic, and makes up the Edition: current; Page: [186] best harmony in a church; not the forced and outward union, of cold, and neutral, and inwardly divided minds.

Lords and commons of England! consider what nation it is whereof ye are, and whereof ye are the governors; a nation not slow and dull, but of a quick, ingenious, and piercing spirit; acute to invent, subtile and sinewy to discourse, not beneath the reach of any point the highest that human capacity can soar to. Therefore the studies of learning in her deepest sciences have been so ancient, and so eminent among us, that writers of good antiquity and able judgment have been persuaded, that even the school of Pythagoras, and the Persian wisdom, took beginning from the old philosophy of this island. And that wise and civil Roman, Julius Agricola, who governed once here for Cæsar, preferred the natural wits of Britain, before the laboured studies of the French. Nor is it for nothing that the grave and frugal Transilvanian sends out yearly from as far as the mountainous borders of Russia, and beyond the Hercynian wilderness, not their youth, but their staid men, to learn our language and our theologic arts. Yet that which is above all this, the favour and the love of Heaven, we have great argument to think in a peculiar manner propitious and propending towards us. Why else was this nation chosen before any other, that out of her, as out of Sion, should be proclaimed and sounded forth the first tidings and trumpet of reformation to all Europe? And had it not been the obstinate perverseness of our prelates against the divine and admirable spirit of Wickliff, to suppress him as a schismatic and innovator, perhaps neither the Bohemian Husse and Jerom, no nor the name of Luther or of Calvin, had been ever known: the glory of reforming all our neighbours had been completely ours. But now, as our obdurate clergy have with violence demeaned the matter, we are become hitherto the latest and the backwardest scholars, of whom God offered to have made us the teachers. Now once again by all concurrence of signs, and by the general instinct of holy and devout men, as they daily and solemnly express their thoughts, God is decreeing to begin some new and great period in his church, even to the reforming of reformation itself; what does he then but reveal himself to his servants, and as his manner is, first to his Englishmen? I say as his manner is, first to us, though we mark not the method of his counsels, and are unworthy. Behold now this vast city: a city of refuge, the mansion-house of liberty, encompassed and surrounded with his protection; the shop of war hath not there more anvils and hammers waking, to fashion out the plates and instruments of armed justice in defence of beleaguered truth, than there be pens and heads there, sitting by their studious lamps, musing, searching, revolving new notions and ideas wherewith to present, as with their homage and their fealty, the approaching reformation: others as fast reading, trying all things, assenting to the force of reason and convincement. What could a man require more from a nation so pliant and so prone to seek after knowledge? What wants there to such a towardly and pregnant soil, but wise and faithful labourers, to make a knowing people, a nation of prophets, of sages, and of worthies? We reckon more than five months yet to harvest; there need not be five weeks, had we but eyes to lift up; the fields white are already. Where there is much desire to learn, there of necessity will be much arguing, much writing, many opinions; for opinion in good men is but knowledge in the making. Under these fantastic terrors of sect and schism, we wrong the earnest and zealous thirst after knowledge and understanding, which God hath stirred up in this city. What some lament of, we rather should rejoice at, should rather praise this pious forwardness among men, to reassume the ill-deputed care of their religion into their own hands again. A little generous Edition: current; Page: [187] prudence, a little forbearance of one another, and some grain of charity might win all these diligences to join and unite into one general and brotherly search after truth; could we but forego this prelatical tradition of crowding free consciences and Christian liberties into canons and precepts of men. I doubt not, if some great and worthy stranger should come among us, wise to discern the mould and temper of a people, and how to govern it, observing the high hopes and aims, the diligent alacrity of our extended thoughts and reasonings in the pursuance of truth and freedom, but that he would cry out as Pyrrhus did, admiring the Roman docility and courage; if such were my Epirots, I would not despair the greatest design that could be attempted to make a church or kingdom happy. Yet these are the men cried out against for schismatics and sectaries, as if, while the temple of the Lord was building, some cutting, some squaring the marble, others hewing the cedars, there should be a sort of irrational men, who could not consider there must be many schisms and many dissections made in the quarry and in the timber, ere the house of God can be built. And when every stone is laid artfully together, it cannot be united into a continuity, it can but be contiguous in this world: neither can every piece of the building be of one form; nay rather the perfection consists in this, that out of many moderate varieties and brotherly dissimilitudes that are not vastly disproportional, arises the goodly and the graceful symmetry that commends the whole pile and structure. Let us therefore be more considerate builders, more wise in spiritual architecture, when great reformation is expected. For now the time seems come, wherein Moses the great prophet may sit in heaven rejoicing to see that memorable and glorious wish of his fulfilled, when not only our seventy elders, but all the Lord’s people, are become prophets. No marvel then though some men, and some good men too, perhaps, but young in goodness, as Joshua then was, envy them. They fret, and out of their own weakness are in agony, lest these divisions and subdivisions will undo us. The adversary again applauds, and waits the hour; when they have branched themselves out, saith he, small enough into parties and partitions, then will be our time. Fool! he sees not the firm root, out of which we all grow, though into branches; nor will beware until he see our small divided maniples cutting through at every angle of his ill-united and unwieldy brigade. And that we are to hope better of all these supposed sects and schisms, and that we shall not need that solicitude, honest perhaps, though overtimorous, of them that vex in this behalf, but shall laugh in the end at those malicious applauders of our differences, I have these reasons to persuade me.

First, when a city shall be as it were besieged and blocked about, her navigable river infested, inroads and incursions round, defiance and battle oft rumored to be marching up, even to her walls and suburb trenches; that then the people, or the greater part, more than at other times, wholly taken up with the study of highest and most important matters to be reformed, should be disputing, reasoning, reading, inventing, discoursing, even to a rarity and admiration, things not before discoursed or written of, argues first a singular good will, contentedness, and confidence in your prudent foresight, and safe government, lords and commons; and from thence derives itself to a gallant bravery and well grounded contempt of their enemies, as if there were no small number of as great spirits among us, as his was who, when Rome was nigh besieged by Hannibal, being in the city, bought that piece of ground at no cheap rate, whereon Hannibal himself encamped his own regiment. Next, it is a lively and cheerful presage of our happy success and victory. For as in a body when the blood is fresh, the spirits Edition: current; Page: [188] pure and vigorous, not only to vital, but to rational faculties, and those in the acutest and the pertest operations of wit and subtlety, it argues in what good plight and constitution the body is; so when the cheerfulness of the people is so sprightly up, as that it has not only wherewith to guard well its own freedom and safety, but to spare, and to bestow upon the solidest and sublimest points of controversy and new invention, it betokens us not degenerated, nor drooping to a fatal decay, by casting off the old and wrinkled skin of corruption to outlive these pangs, and wax young again, entering the glorious ways of truth and prosperous virtue, destined to become great and honourable in these latter ages. Methinks I see in my mind a noble and puissant nation rousing herself like a strong man after sleeep, and shaking her invincible locks: methinks I see her as an eagle muing her mighty youth, and kindling her undazzled eyes at the full midday beam; purging and unscaling her long abused sight at the fountain itself of heavenly radiance; while the whole noise of timorous and flocking birds, with those also that love the twilight, flutter about, amazed at what she means, and in their envious gabble would prognosticate a year of sects and schisms.

What should ye do then, should ye suppress all this flowery crop of knowledge and new light sprung up and yet springing daily in this city? Should ye set an oligarchy of twenty engrossers over it, to bring a famine upon our minds again, when we shall know nothing but what is measured to us by their bushel? Believe it, lords and commons! they who counsel ye to such a suppressing, do as good as bid ye suppress yourselves; and I will soon show how. If it be desired to know the immediate cause of all this free writing and free speaking, there cannot be assigned a truer than your own mild, and free, and humane government; it is the liberty, lords and commons, which your own valorous and happy counsels have purchased us; liberty which is the nurse of all great wits: this is that which hath rarified and enlightened our spirits like the influence of heaven; this is that which hath enfranchised, enlarged, and lifted up our apprehensions degrees above themselves. Ye cannot make us now less capable, less knowing, less eagerly pursuing of the truth, unless ye first make yourselves, that made us so, less the lovers, less the founders of our true liberty. We can grow ignorant again, brutish, formal, and slavish, as ye found us; but you then must first become that which ye cannot be, oppressive, arbitrary, and tyrannous, as they were from whom ye have freed us. That our hearts are now more capacious, our thoughts more erected to the search and expectation of greatest and exactest things, is the issue of your own virtue propagated in us; ye cannot suppress that, unless ye reinforce an abrogated and merciless law, that fathers may dispatch at will their own children. And who shall then stick closest to ye and excite others? Not he who takes up arms for coat and conduct, and his four nobles of Danegelt. Although I dispraise not the defence of just immunities, yet love my peace better, if that were all. Give me the liberty to know, to utter, and to argue freely according to conscience, above all liberties.

What would be best advised then, if it be found so hurtful and so unequal to suppress opinions for the newness or the unsuitableness to a customary acceptance, will not be my task to say; I shall only repeat what I have learned from one of your own honourable number, a right noble and pious lord, who had he not sacrificed his life and fortunes to the church and commonwealth, we had not now missed and bewailed a worthy and undoubted patron of this argument. Ye know him, I am sure; yet I for honour’s sake, and may it be eternal to him, shall name him, the Lord Brook. He writing of episcopacy, and by the way treating of sects and schisms, left ye his vote, Edition: current; Page: [189] or rather now the last words of his dying charge, which I know will ever be of dear and honoured regard with ye, so full of meekness and breathing charity, that next to his last testament, who bequeathed love and peace to his disciples, I cannot call to mind where I have read or heard words more mild and peaceful. He there exhorts us to hear with patience and humility those, however they be miscalled, that desire to live purely, in such a use of God’s ordinances as the best guidance of their conscience gives them, and to tolerate them, though in some disconformity to ourselves. The book itself will tell us more at large, being published to the world, and dedicated to the parliament by him, who both for his life and for his death deserves, that what advice he left be not laid by without perusal.

And now the time in special is, by privilege to write and speak what may help to the further discussing of matters in agitation. The temple of Janus with his two controversal faces might now not unsignificantly be set open. And though all the winds of doctrine were let loose to play upon the earth, so truth be in the field, we do injuriously by licensing and prohibiting to misdoubt her strength. Let her and falsehood grapple; who ever knew truth put to the worse, in a free and open encounter? Her confuting is the best and surest suppressing. He who hears what praying there is for light and clear knowledge to be sent down among us, would think of other matters to be constituted beyond the discipline of Geneva, framed and fabriced already to our hands. Yet when the new light which we beg for shines in upon us, there be who envy and oppose, if it come not first in at their casements. What a collusion is this, whenas we are exhorted by the wise man to use diligence, “to seek for wisdom as for hidden treasures” early and late, that another order shall enjoin us, to know nothing but by statute? When a man hath been labouring the hardest labour in the deep mines of knowledge, hath furnished out his findings in all their equipage, drawn forth his reasons as it were a battle ranged, scattered and defeated all objections in his way, calls out his adversary into the plain, offers him the advantage of wind and sun, if he please, only that he may try the matter by dint of argument; for his opponents then to skulk, to lay ambushments, to keep a narrow bridge of licensing where the challenger should pass, though it be valour enough in soldiership, is but weakness and cowardice in the wars of truth. For who knows not that truth is strong, next to the Almighty; she needs no policies, nor stratagems, nor licensings to make her victorious; those are the shifts and the defences that error uses against her power: give her but room, and do not bind her when she sleeps, for then she speaks not true, as the old Proteus did, who spake oracles only when he was caught and bound, but then rather she turns herself into all shapes, except her own, and perhaps tunes her voice according to the time, as Micaiah did before Ahab, until she be adjured into her own likeness. Yet is it not impossible that she may have more shapes than one? What else is all that rank of things indifferent, wherein truth may be on this side, or on the other, without being unlike herself? What but a vain shadow else is the abolition of “those ordinances, that hand-writing nailed to the cross?” What great purchase is this Christian liberty which Paul so often boasts of? His doctrine is, that he who eats or eats not, regards a day or regards it not, may do either to the Lord. How many other things might be tolerated in peace, and left to conscience, had we but charity, and were it not the chief strong hold of our hypocrisy to be ever judging one another? I fear yet this iron yoke of outward conformity hath left a slavish print upon our necks; the ghost of a linen decency yet haunts us. We stumble, and are impatient at the least dividing of one visible congregation from another, though it be not Edition: current; Page: [190] in fundamentals; and through our forwardness to suppress, and our backwardness to recover, any enthralled piece of truth out of the gripe of custom, we care not to keep truth separated from truth, which is the fiercest rent and disunion of all. We do not see that while we still affect by all means a rigid external formality, we may as soon fall again into a gross conforming stupidity, a stark and dead congealment of “wood and hay and stubble” forced and frozen together, which is more to the sudden degenerating of a church than many subdichotomies of petty schisms. Not that I can think well of every light separation; or that all in a church is to be expected “gold and silver and precious stones:” it is not possible for man to sever the wheat from the tares, the good fish from the other fry; that must be the angels’ ministry at the end of mortal things. Yet if all cannot be of one mind, as who looks they should be? this doubtless is more wholesome, more prudent, and more Christian, that many be tolerated rather than all compelled. I mean not tolerated popery, and open superstition, which as it extirpates all religions and civil supremacies, so itself should be extirpate, provided first that all charitable and compassionate means be used to win and regain the weak and the misled: that also which is impious or evil absolutely either against faith or manners, no law can possibly permit, that intends not to unlaw itself: but those neighbouring differences, or rather indifferences, are what I speak of, whether in some point of doctrine or of discipline, which though they may be many, yet need not interrupt the unity of spirit, if we could but find among us the bond of peace. In the mean while, if any one would write, and bring his helpful hand to the slow-moving reformation which we labour under, if truth have spoken to him before others, or but seemed at least to speak, who hath so bejesuited us, that we should trouble that man with asking license to do so worthy a deed; and not consider this, that if it come to prohibiting, there is not aught more likely to be prohibited than truth itself: whose first appearance to our eyes, bleared and dimmed with prejudice and custom, is more unsightly and unplausible than many errors; even as the person is of many a great man slight and contemptible to see to. And what do they tell us vainly of new opinions, when this very opinion of theirs, that none must be heard but whom they like, is the worst and newest opinion of all others; and is the chief cause why sects and schisms do so much abound, and true knowledge is kept at distance from us; besides yet a greater danger which is in it. For when God shakes a kingdom, with strong and healthful commotions, to a general reforming, it is not untrue that many sectaries and false teachers are then busiest in seducing. But yet more true it is, that God then raises to his own work men of rare abilities, and more than common industry, not only to look back and revise what hath been taught heretofore, but to gain further, and to go on some new enlightened steps in the discovery of truth. For such is the order of God’s enlightening his church, to dispense and deal out by degrees his beam, so as our earthly eyes may best sustain it. Neither is God appointed and confined, where and out of what place these his chosen shall be first heard to speak; for he sees not as man sees, chooses not as man chooses, lest we should devote ourselves again to set places and assemblies, and outward callings of men; planting our faith one while in the old convocation house, and another while in the chapel at Westminster; when all the faith and religion that shall be there canonized, is not sufficient without plain convincement, and the charity of patient instruction, to supple the least bruise of conscience, to edify the meanest Christian, who desires to walk in the spirit, and not in the letter of human trust, for all the number of voices that can be there made; no, though Harry the Seventh himself Edition: current; Page: [191] there, with all his liege tombs about him, should lend them voices from the dead to swell their number. And if the men be erroneous who appear to be the leading schismatics, what withholds us but our sloth, our self-will, and distrust in the right cause, that we do not give them gentle meetings and gentle dismissions, that we debate not and examine the matter thoroughly with liberal and frequent audience; if not for their sakes yet for our own? Seeing no man who hath tasted learning, but will confess the many ways of profiting by those who, not contented with stale receipts, are able to manage and set forth new positions to the world. And were they but as the dust and cinders of our feet, so long as in that notion they may yet serve to polish and brighten the armory of truth, even for that respect they were not utterly to be cast away. But if they be of those whom God hath fitted for the special use of these times with eminent and ample gifts, and those perhaps, neither among the priests, nor among the Pharisees, and we in the haste of a precipitant zeal shall make no distinction, but resolve to stop their mouths, because we fear they come with new and dangerous opinions, as we commonly forejudge them ere we understand them; no less than woe to us, while, thinking thus to defend the gospel, we are found the persecutors!

There have been not a few since the beginning of this parliament, both of the presbytery and others, who by their unlicensed books to the contempt of an imprimatur first broke that triple ice clung about our hearts, and taught the people to see day: I hope that none of those were the persuaders to renew upon us this bondage, which they themselves have wrought so much good by contemning. But if neither the check that Moses gave to young Joshua, nor the countermand which our Saviour gave to young John, who was so ready to prohibit those whom he thought unlicensed, be not enough to admonish our elders how unacceptable to God their testy mood of prohibiting is; if neither their own remembrance what evil hath abounded in the church by this lett of licensing, and what good they themselves have begun by transgressing it, be not enough, but that they will persuade and execute the most Dominican part of the inquisition over us, and are already with one foot in the stirrup so active at suppressing, it would be no unequal distribution in the first place to suppress the suppressors themselves; whom the change of their condition hath puffed up, more than their late experience of harder times hath made wise.

And as for regulating the press, let no man think to have the honour of advising ye better than yourselves have done in that order published next before this, “That no book be printed, unless the printer’s and the author’s name, or at least the printer’s, be registered.” Those which otherwise come forth, if they be found mischievous and libellous, the fire and the executioner will be the timeliest and the most effectual remedy, that man’s prevention can use. For this authentic Spanish policy of licensing books, if I have said aught, will prove the most unlicensed book itself within a short while; and was the immediate image of a star-chamber decree to that purpose made in those very times when that court did the rest of those her pious works, for which she is now fallen from the stars with Lucifer. Whereby ye may guess what kind of state prudence, what love of the people, what care of religion or good manners there was at the contriving, although with singular hypocrisy it pretended to bind books to their good behaviour. And how it got the upper hand of your precedent order so well constituted before, if we may believe those men whose profession gives them cause to inquire most, it may be doubted there was in it the fraud of some old patentees and monopolizers in the trade of bookselling; who under pretence of the poor in their company not to be defrauded, and the just retaining of each man Edition: current; Page: [192] his several copy, (which God forbid should be gainsaid,) brought divers glossing colours to the house, which were indeed but colours, and serving to no end except it be to exercise a superiority over their neighbours; men who do not therefore labour in an honest profession, to which learning is indebted, that they should be made other men’s vassals. Another end is thought was aimed at by some of them in procuring by petition this order, that having power in their hands malignant books might the easier escape abroad, as the event shows. But of these sophisms and elenchs of merchandise I skill not: This I know, that errors in a good government and in a bad are equally almost incident; for what magistrate may not be misinformed, and much the sooner, if liberty of printing be reduced into the power of a few? But to redress willingly and speedily what hath been erred, and in highest authority to esteem a plain advertisement more than others have done a sumptuous bride, is a virtue (honoured lords and commons!) answerable to your highest actions, and whereof none can participate but greatest and wisest men.


T.41 (8.21) Katherine Chidley, A New Years Gift (2 January, 1645). [missing text??]

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T.41 [1645.01.02] (8.21) Katherine Chidley, A New Years Gift (2 January, 1645).

Full title

Katherine Chidley, A NEW-YEARES-GIFT, OR A BRIEF EXHORTATION To Mr. Thomas Edwards; That he may breake off his old sins, in the old yeare, and begin the New yeare, with new fruits of Love, first to GOD, and then to his BRETHREN.

PSAL. 7.14, 15, 16.
Behold, hee travelleth with iniquity, and hath conceived mischiefe, and brought forth falshood.
He made a pit, and digged it, and is fallen into the ditch which he made.
His mischeife shall returne upon his owne head, and his violent dealing shall come downe upon his owne pate.

PSAL. 50.19, 20, 21.
Thou givest thy mouth to evill, and thy tongue frameth deceit.
Thou sittest and speakest against thy Brother; Thou slanderest thine owne Mothers Sonne.
These things hast thou done, and I kept silence: thou thoughtest that I was altogether such a one as thy selfe: but I will reproove thee, and set them in order before thine eyes.

By KATHRINE CHIDLEY.
Printed in the Yeare, 1645.

Estimated date of publication

2 January, 1645.

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TT1, p. 355; Thomason E. 23. (13.)

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(insert text of pamphlet 1645–01–02_Chidley_NewYearsGift.pdf here)


T.42 (2.7) John Lilburne, A Copy of a Letter (15 January 1645).

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T.42 [1645.01.07] (2.7) John Lilburne, A Copy of a Letter (7 January 1645).

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John Lilburne, A Copy of a Letter, Written by John Lilburne Lieut. Collonell. To Mr. William Prinne Esq. (Upon the coming out of his last booke, intitled Truth triumphing over Falshood, Antiquity over Novelty) In which he laies down five Propositions, which he desires to discusse with the said Mr. Prinne.

Estimated date of publication

15 January 1645

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TT1, p. 357; Thomason E. 24. (22.)

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London,
William Prinne
Prinne, William
Sir,

YOU and I have both been Sufferers, by the hands of the Prelates, the common and open Enemies of Christs Kingdome; and the eyes of the people of God are therefore the more upon us, and are subject with lesse jealousie to receive those things that come from us for truth, not immitating the noble Bereans, who dayly searched the Scripture, to see whether those things they heard, were according thereunto or no, Acts 17.11. the Law and the Testimony of Christ being the streight Rule, by which we are to walke especially in matters of worship, and whosoever he be that practices and speakes not according to this Rule, it is because there is no light of truth in him, Esa. 8. 20. I have seen some of your late writings, which a little diving into, I have found them full of bitter and unsavoury Language against the poore Saints of God, and the unspotted wais of Jesus Christ, and find nary a Confidence very great but you. Arguments very weake and unsound having received a Talent from the Lord, I conceived my selfe bound in Conscience to imploy it, and lay it out for my Masters best advantage) and I was determined some weekes since, to have writ you a few lines in a publique way, and to have told you, you are not knowing the Scriptures. Math. 22. 29. (but being that you, and the Blacke-Coates in the Synod, have not dealt fairly with your Antagonists in stopping the Presse against us, while things are in debate, yea robbing us of our Liberty (as we are Subjects) in time of freedome, when the Parliament is sitting, who are sufficiently able to punish that man (whatsoever he be) that shall abuse his penne. So that whill we are with the hazard of our dearest lives, fighting for the Subjects Liberty, we are brought into Egiptian bonds in this and other particulars by the Blacke-Coates, who I am affraid, will prove more cruell Taskmasters then their dear fathers the Bishops: who Cowardly sit at home, in my apprehension, for no other and but to breed faction and division amongst the well affected to the Parliament, promoting thereby their owne interest, which is Lazines, Pride, Covetousnes and Domination, endevouring to lay lower then the dust a generation of men whom they falsely call Sectaryes, that have in the uprightnesse of their hearts without Synodianlike ends, ventred all they have in the world for the good of the Parliament, and the Common-wealth of England, and who may bid defiance to all their Adversaries that brand them with unfaithfulnes. so that by means of which, I have not been able that way yet, to accomplish my earnest desire: and truly it argues no manhood nor valour in you nor the Blacke-Coates, by force to throw us downe and ty our hands, & then to fall upon us to beat and buffet us, for if you had not beene men that had been affraid of your cause, you would have been willing to have fought and contended with us upon even ground and equall termes, namely that the Presse might be as open for us as for you, and as it was at the beginning of this Parliament, which I conceive the Parliament did of purpose, that so the freeborne English Subjects might enjoy their Liberty and Priviledge, which the Bishops had learned of the Spanish Inquisition to rob them of, by looking it up under the Key of an Imrpimatur, in whose tyrannicall stops the Synod treades, so that you and they thinke you may raile at us cum privilegio, and ranke us amongst the worst and basest of men, as rooters up of Parliaments and disturbers of States and Common welthes, and so thinke to carry it away without controule, but it may be you will be mistaken, for though wee cannot print so fast as you, we can speake and lay downe as strong Arguments for our selves, as you can for your selves, and therefore being desirous to try a fall with you, though one of your friends not long since told me, there was as great disproportion betwixt you and me, to write upon controverting the things of God, as there is betwixt a tall Ceder and a litle shrub: unto which I replyed, goe you, and tell the tall Ceder, the litle Shrub will have about with him: And therefore, that I may be as good as my word, I send you these ensuing Propositions, upon which I will dispute with you, hand to hand before any Auditory in and about the City of London when and where you will chuse, giving me foure or five dayes warning before hand.

First, That the Ordinances, Lawes, Rights and Ceremonies of the Church of the Jewes were types and figures, which were only to last and endure till the coming of Christ, which he by his death did abolish, Gen. 49. 10. John 19. 30. Acts 15. 24. 29. & 21. 21: 28. Heb. 7. 11: 12. & 10. 1. and he himselfe with his Institutions in the New Testament are the Antitypes of them, Acts 3. 22. Heb. 1. 8. & 6. 20. & 7. 17. 18. 19. & 8. 1. 2. 6. & 9. 11. 12.

Secondly, That Jesus Christ being appoynted by God his Father to be Mediatore hath a Kingdome given into him, Dan. 2. 13. 14. Mat. 2. 2. & 28. 18. Luke 1. 32. 33. Heb. 1. 8. which he hath erected, and set up in the world, [Editor: illegible word] his [Editor: illegible word] where visibly and spiritually he governeth, ruleth and dwelleth, [Editor: illegible word] 2. 6. 22. 27. 28: and 46. 4: and 48. 1. [Editor: illegible word] & 132. Esa. [Editor: illegible word] 6.9 - & 33. 23. and according to that trust the Father hath reposed in him Acts 3. 22. 23. he hath been faithfull to every thing requred of him, Heb. 3. 25. compared with Exod. 39.43. and unto this his visible Kingdome by his last Will and Testment he hath bequeathed perfect and compleate Lawes, which are unalterable and unchangable, in all times, ages and places by any of the sonnes of men, Acts 1. 3. 2 Thes. 2. 15. 1 Tim. 6: 13. 14. 20. 2 Tim 3. 15. 16. 17. Heb. 10. 28. 29. & 12: 25.

Thirdly, that the matter, forme, Loves, Warship, Ordinances and Administrations of this Kingdome are not carnall, nor of thir world, but all and every one of them spirituall, John. 4. 22. 23. & 18. 36. Act. 1. 15. & 2. 41. 47. & 11. 23. 24. Rom. 1. 7. 1 Cor. 1. 2. & ch. 5: 2 Cor. 2. 6. 7. 8.

Fourthly, that no Parliament, Councell, Synod, Emperour, King, nor Majestrate hath any spirituall Authrity, or jurisdiction over this Kingdome, or the Subjects thereof, Mat. 20. 25. 27. 1 Cor. 4. 5. Ephes. 1. 21. 22. 23. and 5. 24. 25. Col. 4. 17. 1 Pet. 6. 5. 3. Rev. 17. 1 7.

Fiftly, that to persecute for conscience is not of nor from God, but of and from the Divell, and Anrichrist, Es 1. 2. 3. 4. & 11. 6: 7:9. Micah. 4. 2. 3. Luke 9. 54. 55, 2 Cor. 10. 4. 1 Tim. 1. 20. Rev. 13. 2. 4. 15. 16. 17.

Sir, In your last Booke that you put out, you spend a great deale of paines in citing old dusty Authours, to prove that Kings, Councels, Synods and States have for so many hundred yeares medled with matters of Religion, I grant you they have; but I demand of you, by what Right, or by what Authority out of the Word of God they have so done? Hath God the Father, or Jesus Christ his Son given them any allowance in this? Or have they not hereby rather fulfilled the Prophesies of the Scripture, which saith, (Rev. 17. 17.) that the Kings of the Earth shall give their power unto the Beast, till the Word of God be fulfilled, which they have done in assisting the Pope, to joyne the Ecclesiasticall and Civill State together, making the golden Lawes of Christ, to depend upon the lead in Lawes of man; yea, upon such Lawes, as was just sutable to their tyrannicall lusts, and which might the most advance their wicked ends and designes, and in the doing of this, they have set up a perfect Antichrist against Gods Christ: yea, England is not free from this; for though King Henry the eight did shake of the Popes Supremacy, yet by the advice of the Clergie, the sworne enemies of Jesus Christ, he assumed the same, calling himselfe Head in all causes Ecclesiasticall and Civill, and so though he justed out the Pope, he set himselfe in the Throne of Christ, and his Successours have done the fame, for opposing of which, the Saints that were burnt in Queen Maries dayes have not only smarted, but also those that were hanged and murdered in Prisons in Queen Elizabeths dayes, and those that were banished and destroyed in King James his dayes, and my selfe and many others, that have suffvred worse then death in King Charles his dayes, and this is the great Contrversie, that God contends with the whole Earth for, and for which God will make the greatest of Princes and States to tast a Cup of trembling, yea, and to drinke the dregs of his fury and wrath; for he will give people and Nations for his Saints, Esa. 4. 3. 3. 4. 14. And if England drinke yet deeper of this Cup, amongst other causes, they may thanke Mr. Prinne for it who hath incited them to wage war with the King of Saints, (and his redeemed ones) who will dash all the Nations of the Earth in peeces in being revenged of them, for that which they have done unto them already in this particular, Rev. 18. ch. & 19. 1. 2. For Sir, let me tell you, it is the incommunicable Prerogative of Jesus Christ alone to be King of his Saints, and Law-giver to his Church and people, and to raigne in the soules and consciences of his chosen ones, it being too high a throne for all the creatures in the world to raigne in; and therefore, were your eyes but open, it would make you quake and trouble to consider what you have done, in endeavouring to set the Potentates of the Earth together by the eares with Christ (who is to rule all Nations, Rev. 12. 5.) to plucke his Crowne from his head, his Scepter out of his hand, and his Person out of his Throne of State, that his Father hath given him to raigne gloriously in.

Oh Sir! consider the time is not long, before Jesus Christ will come againe in glory tryumphantly, and say it out of his own mouth before the eyes of the Sonnes of men, bring those mine enemies before me, that will not have me to rule over them, that I may stay them, Luke 19. 17.

Sir, If your Positions be true, that there is no rule left in the world, how we may worship God, but that Kings and States may set up what Religion they please; or may mould it to the maners of their people; [Editor: illegible word] Queen Mary did justifiably in burning the Saints in her dayes that would not stoope and submit to that Religion she and her Parliament had set up: Truly, had I not seen your name to your Bookes, I should rather have judged them a Papists or a Jesuites then Mr. Prinnes and without doubt the Pope when he sees them will Cannonize you for a Saint, for throwing downe his enemie Christ, who you say hath been lesse faithfull then Moses, and so had need of the Pope, or some others to supply what he hath been deficient in; Surely you have given away your ears, & suffered as a busie body in opposing the King and the Prelates; without all doubt, all is not gold that glisters; for were you not a man, that had more then truth to looke after, namely your owne ends and particular interest, which I am afraid you strive more to set up then a publike good, you should rather importuned the Parliament, to have continued their favours and respects to that people, that cannot prostrate their consciences to mans devises though never so great and famous; (and who yet with their bodies and estates to the ulmost of their power, yea and divers of them beyond their abilities) have done the Parliament as sinceare, upright, faithfull and good service as either your selfe or any generation of men in England whatsoever they be) then to enforce them to destroy them: But truly the Son of God, and his saints (those beloved Jewels of his) are but a litle beholden to you, that will not suffer his ransomed ones to enjoy the Liberty of their Conscience to serve their Lord and King, that hath bought them with his owne blood, [are you not in this as cruell a Taskmaster as Pharoh] nor to have footing in the Land of their Nativity, though Christ himselfe hath given them a true right to all things present in this world, and all things in that is to come, 1 Cor. 2. 21. 22. 23. and they themselves (many thousand of them) have endeavoured more then your selfe to redeem their native Countrey from bondage and slavery with their dearest blood: And therefore I say, the Lord judge betwixt you and us in this particular.

Sir, It may be instead of satisfying my desire, you’ll run and complaine to the Parliament; and presse them upon their Covenant to take vengance upon me, if you doe I weigh it not; for I blesse God I am fitted to doe, or suffer whatsoever the Parliament shall impose upon me, but if you do, take those two along with you.

First, That I am not against the Parliament setting up a State-Government for such a Church as they shall thinke fit, to make the generality of the Land members of, for I for my part leave them to themselves, to doe what they shall thinke good, so that they leave my conscience free to to the Law and Will of my Lord and King.

Secondly, If you put them in mind of their Govenant, tell them, I thinke they have sworne to root out all Popery, and herefore have lately abolished the Common Prayer (that great Idoll) but yet have established Tythes, &c. the very root and support of popery, which I humbly conceive, is contradiction to their Covenant, and which wil be a greater snaire then the Common Prayer to many of the pretious consciences of Gods people, whose duty is in my judgement, to dye in a prison before they act or stoop unto so dishonourable a thing as this is to their Lord and Master, as to maintaine the Blacke-coates with Tythes, whom they looke upon as the professed enemies of their Annoynted Christ, he that pays Tythes, is bound to the whole Law of Tythes, in which there was a Lambe to be brought for a Sin-offering, which is abolished; also he that was to take Tythes, was one that was to offer sacrifice dayly for sin, which if any do so now it is to deny Christ come in the flesh, and to be the alone sacrifice for sin by his death, and so overthrow all our comfort, joy and hope. So desiring to receive your Answer to the things I propound to you, I rest

LONDON,
this
7. Jan. 1645
.
Yours more then you are the Truthes
JOHN LILBURNE.
FINIS.

T.269 John Milton, Tetrachordon (March, 1645).

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T.269 [1645.02] John Milton, Tetrachordon (March, 1645).

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March, 1645.

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Editor’s Introduction

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The text can also be found in The Prose Works of John Milton: With a Biographical Introduction by Rufus Wilmot Griswold. In Two Volumes (Philadelphia: John W. Moore, 1847). Vol. 1: </titles/milton-the-prose-works-of-john-milton-vol-1#lf0233-01_head_138>.

Text of Pamphlet

TETRACHORDON.
EXPOSITIONS UPON THE FOUR CHIEF PASSAGES OF SCRIPTURE WHICH TREAT OF MARRIAGE, OR NULLITIES IN MARRIAGE.

ON GEN. i 27, 28, COMPARED AND EXPLAINED BY GEN. ii. 18, 23, 24. DEUT. xxiv. 1. 2. MATT. v. 31, 32, WITH MATT. xix. FROM VER. 3 TO 11. 1 COR. vii. FROM VER. 10 TO 16.

  • Σϰαιο[Editor: illegible character]σι ϰαινὰ προσϕέρων σοϕὰ
  • Δοξεις ὰχρε[Editor: illegible character]ορ, ϰοὐ σοϕὸς πεϕυϰέναι.
  • Τῶν δ’ α[Editor: illegible character] δοϰοὺντων εὶδέναι τί ποιϰίλον,
  • Κρείσσων νομισθεὶς [Editor: illegible character]ν πὸλει, λνπρὸς ϕανῇ.
  • Euripid. Medea.
John Milton
Milton, John

TO THE PARLIAMENT.

That which I knew to be the part of a good magistrate, aiming at true liberty through the right information of religious and civil life, and that which I saw, and was partaker of, your solemn vows and covenants, parliament of England! your actions also manifestly tending to exalt the truth, and to depress the tyranny of error and ill custom, with more constancy and prowess than ever yet any, since that parliament which put the first sceptre of this kingdom into his hand whom God and extraordinary virtue made their monarch; were the causes that moved me, one else not placing much in the eminence of a dedication, to present your high notice with a discourse, conscious to itself of nothing more than of diligence, and firm affection to the public good. And that ye took it so as wise and impartial men, obtaining so great power and dignity, are wont to accept, in matters both doubtful and important, what they think offered them well meant, and from a rational ability, I had no less than to persuade me. And on that persuasion am returned, as to a famous and free port, myself also bound by more than a maritime law, to expose as freely what fraughtage I conceive to bring of no trifles. For although it be generally known, how and by whom ye have been instigated to a hard censure of that former book, entitled, “The Doctrine and Discipline of Divorce,” an opinion held by some of the best among reformed writers without scandal or confutement, though now thought new and dangerous by some of our severe Gnostics, whose little reading and less meditating, holds ever with hardest obstinacy that which it took up with easiest credulity; I do not find yet that aught, for the furious incitements which have been used, hath issued by your appointment, that might give the least interruption or disrepute either to the author, or to the book. Which he who will be better advised than to call your neglect or connivance at a Edition: current; Page: [284] thing imagined so perilous, can attribute it to nothing more justly, than to the deep and quiet stream of your direct and calm deliberations, that gave not way either to the fervent rashness or the immaterial gravity of those who ceased not to exasperate without cause. For which uprightness and incorrupt refusal of what ye were incensed to, lords and commons! (though it were done to justice, not to me, and was a peculiar demonstration how far your ways are different from the rash vulgar,) besides those allegiances of oath and duty, which are my public debt to your public labours, I have yet a store of gratitude laid up, which cannot be exhausted; and such thanks perhaps they may live to be, as shall more than whisper to the next ages. Yet that the author may be known to ground himself upon his own innocence, and the merit of his cause, not upon the favour of a diversion, or a delay to any just censure, but wishes rather he might see those his detractors at any fair meeting, as learned debatements are privileged with a due freedom under equal moderators; I shall here briefly single one of them, (because he hath obliged me to it,) who, I persuade me, having scarce read the book, nor knowing him who writ it, or at least feigning the latter, hath not forborn to scandalize him, unconferred with, unadmonished, undealt with by any pastorly or brotherly convincement, in the most open and invective manner, and at the most bitter opportunity that drift or set design could have invented. And this, when as the canon law, though commonly most favouring the boldness of their priests, punishes the naming or traducing of any person in the pulpit, was by him made no scruple. If I shall therefore take license by the right of nature, and that liberty wherein I was born, to defend myself publicly against a printed calumny, and do willingly appeal to those judges to whom I am accused, it can be no immoderate or unallowable course of seeking so just and needful reparations. Which I had done long since, had not those employments, which are now visible, deferred me. It was preached before ye, lords and commons! in August last, upon a special day of humiliation, that “there was a wicked book abroad,” and ye were taxed of sin that it was yet “uncensured, the book deserving to be burnt;” and “impudence” also was charged upon the author, who durst “set his name to it, and dedicate it to yourselves!” First, lords and commons! I pray to that God, before whom ye then were prostrate, so to forgive ye those omissions and trespasses, which ye desire most should find forgiveness, as I shall soon show to the world how easily ye absolve yourselves of that which this man calls your sin, and is indeed your wisdom, and your nobleness, whereof to this day ye have done well not to repent. He terms it “a wicked book,” and why but “for allowing other causes of divorce, than Christ and his apostles mention?” and with the same censure condemns of wickedness not only Martin Bucer, that elect instrument of reformation, highly honoured, and had in reverence by Edward the Sixth, and his whole parliament, whom also I had published in English by a good providence, about a week before this calumnious digression was preached; so that if he knew not Bucer then, as he ought to have known, he might at least have known him some months after, ere the sermon came in print; wherein notwithstanding he persists in his former sentence, and condemns again of wickedness, either ignorantly or wilfully, not only Martin Bucer, and all the choicest and holiest of our reformers, but the whole parliament and church of England in those best and purest times of Edward the Sixth. All which I shall prove with good evidence, at the end of these explanations. And then let it be judged and seriously considered with what hope the affairs of our religion are committed to one among others, who hath now only left him which of the twain he will choose, whether this shall be his palpable ignorance, or the same wickedness of his Edition: current; Page: [285] own book, which he so lavishly imputes to the writings of other men: and whether this of his, that thus peremptorily defames and attaints of wickedness unspotted churches, unblemished parliaments, and the most eminent restorers of Christian doctrine, deserve not to be burnt first. And if his heat had burst out only against the opinion, his wonted passion had no doubt been silently borne with wonted patience. But since, against the charity of that solemn place and meeting, it served him further to inveigh opprobriously against the person, branding him with no less than impudence, only for setting his name to what he had written; I must be excused not to be so wanting to the defence of an honest name, or to the reputation of those good men who afford me their society, but to be sensible of such a foul endeavoured disgrace: not knowing aught either in mine own deserts, or the laws of this land, why I should be subject, in such a notorious and illegal manner, to the intemperances of this man’s preaching choler. And indeed to be so prompt and ready in the midst of his humbleness, to toss reproaches of this bulk and size, argues as if they were the weapons of his exercise, I am sure not of his ministry, or of that day’s work. Certainly to subscribe my name at what I was to own, was what the state had ordered and requires. And he who lists not to be malicious, would call it ingenuity, clear conscience, willingness to avouch what might be questioned, or to be better instructed. And if God were so displeased with those, Isa. lviii. who “on the solemn fast were wont to smite with the fist of wickedness,” it could be no sign of his own humiliation accepted, which disposed him to smite so keenly with a reviling tongue. But if only to have writ my name must be counted “impudence,” how doth this but justify another, who might affirm with as good warrant, that the late discourse of “Scripture and Reason,” which is certain to be chiefly his own draught, was published without a name, out of base fear, and the sly avoidance of what might follow to his detriment, if the party at court should hap to reach him? And I, to have set my name, where he accuses me to have set it, am so far from recanting, that I offer my hand also if need be, to make good the same opinion which I there maintain, by inevitable consequences drawn parallel from his own principal arguments in that of “Scripture and Reason:” which I shall pardon him if he can deny, without shaking his own composition to pieces. The “impudence” therefore, since he weighed so little what a gross revile that was to give his equal, I send him back again for a phylactery to stitch upon his arrogance, that censures not only before conviction, so bitterly without so much as one reason given, but censures the congregation of his governors to their faces, for not being so hasty as himself to censure.

And whereas my other crime is, that I addressed the dedication of what I had studied to the parliament; how could I better declare the loyalty which I owe to that supreme and majestic tribunal, and the opinion which I have of the high entrusted judgment, and personal worth assembled in that place? With the same affections therefore, and the same addicted fidelity, parliament of England! I here again have brought to your perusal on the same argument these following expositions of Scripture. The former book, as pleased some to think, who were thought judicious, had of reason in it to a sufficiency; what they required was, that the Scriptures there alleged might be discussed more fully. To their desires thus much further hath been laboured in the Scriptures. Another sort also, who wanted more authorities and citations, have not been here unthought of. If all this attain not to satisfy them, as I am confident that none of those our great controversies at this day hath had a more demonstrative explaining, I must confess to admire what it is: for doubtless it is not reason now-a-days that satisfies or suborns Edition: current; Page: [286] the common credence of men, to yield so easily, and grow so vehement in matters much more disputable, and far less conducing to the daily good and peace of life.

Some whose necessary shifts have long enured them to cloak the defects of their unstudied years, and hatred now to learn, under the appearance of a grave solidity, (which estimation they have gained among weak perceivers,) find the ease of slighting what they cannot refute, and are determined, as I hear, to hold it not worth the answering. In which number I must be forced to reckon that doctor, who in a late equivocating treatise plausibly set afloat against the Dippers, diving the while himself with a more deep prelatical malignance against the present state and church-government, mentions with ignominy “the Tractate of Divorce;” yet answers nothing, but instead thereof (for which I do not commend his marshalling) sets Moses also among the crew of his Anabaptists; as one who to a holy nation, the commonwealth of Israel, gave laws “breaking the bonds of marriage to inordinate lust.” These are no mean surges of blasphemy, not only dipping Moses the divine lawgiver, but dashing with a high hand against the justice and purity of God himself: as these ensuing scriptures plainly and freely handled shall verify, to the lanching of that old apostemated error. Him therefore I leave now to his repentance.

Others, which is their courtesy, confess that wit and parts may do much to make that seem true which is not; as was objected to Socrates by them who could not resist his efficacy, that he ever made the worst cause seem the better; and thus thinking themselves discharged of the difficulty, love not to wade further into the fear of a convincement. These will be their excuses to decline the full examining of this serious point. So much the more I press it and repeat it, lords and commons! that ye beware while time is, ere this grand secret, and only art of ignorance affecting tyranny, grow powerful, and rule among us. For if sound argument and reason shall be thus put off, either by an undervaluing silence, or the masterly censure of a railing word or two in the pulpit, or by rejecting the force of truth, as the mere cunning of eloquence and sophistry; what can be the end of this, but that all good learning and knowledge will suddenly decay? Ignorance, and illiterate presumption, which is yet but our disease, will turn at length into our very constitution, and prove the hectic evil of this age: worse to be feared, if it get once to reign over us, than any fifth monarchy. If this shall be the course, that what was wont to be a chief commendation, and the ground of other men’s confidence in an author, his diligence, his learning, his elocution, whether by right or by ill meaning granted him, shall be turned now to a disadvantage and suspicion against him, that what he writes, though unconfuted, must therefore be mistrusted, therefore not received for the industry, the exactness, the labour in it, confessed to be more than ordinary; as if wisdom had now forsaken the thirsty and laborious inquirer, to dwell against her nature with the arrogant and shallow babbler; to what purpose all those pains and that continual searching required of us by Solomon to the attainment of understanding? Why are men bred up with such care and expense to a life of perpetual studies? Why do yourselves with such endeavour seek to wipe off the imputation to discourage the progress and advance of learning? He therefore, whose heart can bear him to the high pitch of your noble enterprises, may easily assure himself, that the prudence and far-judging circumspectness of so grave a magistracy sitting in parliament, who have before them the prepared and purposed act of their most religious predecessors to imitate in this question, cannot reject the clearness of these reasons, and these allegations both here Edition: current; Page: [287] and formerly offered them; nor can overlook the necessity of ordaining more wholesomely and more humanely in the casualties of divorce, than our laws have yet established, if the most urgent and excessive grievances happening in domestic life be worth the laying to heart: which, unless charity be far from us, cannot be neglected. And that these things, both in the right constitution, and in the right reformation of a commonwealth, call for speediest redress, and ought to be the first considered, enough was urged in what was prefaced to that monument of Bucer, which I brought to your remembrance, and the other time before. Henceforth, except new cause be given, I shall say less and less. For if the law make not timely provision, let the law, as reason is, bear the censure of those consequences, which her own default now more evidently produces. And if men want manliness to expostulate the right of their due ransom, and to second their own occasions, they may sit hereafter and bemoan themselves to have neglected through faintness the only remedy of their sufferings, which a seasonable and well-grounded speaking might have purchased them. And perhaps in time to come, others will know how to esteem what is not every day put into their hands, when they have marked events, and better weighed how hurtful and unwise it is, to hide a secret and pernicious rupture under the ill counsel of a bashful silence. But who would distrust aught, or not be ample in his hopes of your wise and Christian determinations? who have the prudence to consider, and should have the goodness, like gods, as ye are called, to find out readily, and by just law to administer those redresses, which have of old, not without God ordaining, been granted to the adversities of mankind, ere they who needed were put to ask. Certainly, if any other have enlarged his thoughts to expect from this government, so justly undertaken, and by frequent assistances from Heaven so apparently upheld, glorious changes and renovations both in church and state, he among the foremost might be named, who prays that the fate of England may tarry for no other deliverers.

John Milton.

Genesis i. 27.

So God created man in his own image, in the image of God created he him; male and female created he them,

28. And God blessed them, and God said unto them, Be fruitful, &c.

Genesis ii. 18.

And the Lord God said, It is not good that man should be alone, I will make him a help meet for him.

Edition: current; Page: [288]

23. And Adam said, This is now bone of my bone, and flesh of my flesh; she shall be called woman, because she was taken out of a man.

24. Therefore shall a man leave his father and his mother, and shall cleave unto his wife, and they shall be one flesh.

Genesis i. 27.

“So God created man in his own image.”] To be informed aright in the whole history of marriage, that we may know for certain, not by a forced yoke, but by an impartial definition, what marriage is, and what is not marriage: it will undoubtedly be safest, fairest, and most with our obedience, to inquire, as our Saviour’s direction is, how it was in the beginning. And that we begin so high as man created after God’s own image, there want not earnest causes. For nothing now-a-days is more degenerately forgotten, than the true dignity of man, almost in every respect, but especially in this prime institution of matrimony, wherein his native pre-eminence ought most to shine. Although if we consider that just and natural privileges men neither can rightly seek, nor dare fully claim, unless they be allied to inward goodness and stedfast knowledge, and that the want of this quells them to a servile sense of their own conscious unworthiness, it may save the wondering why in this age many are so opposite both to human and to Christian liberty, either while they understand not, or envy others that do; contenting, or rather priding themselves in a specious humility and strictness bred out of low ignorance, that never yet conceived the freedom of the gospel; and is therefore by the apostle to the Colossians ranked with no better company than will worship and the mere show of wisdom. And how injurious herein they are, if not to themselves, yet to their neighbours, and not to them only, but to the all-wise and bounteous grace offered us in our redemption, will orderly appear.

“In the image of God created he him.”] It is enough determined, that this image of God, wherein man was created, is meant wisdom, purity, justice, and rule over all creatures. All which, being lost in Adam, was recovered with gain by the merits of Christ. For albeit our first parent had lordship over sea, and land, and air, yet there was a law without him, as a guard set over him. But Christ having cancelled the handwriting of ordinances which was against us, Col. ii. 14, and interpreted the fulfilling of all through charity, hath in that respect set us over law, in the free custody of his love, and left us victorious under the guidance of his living spirit, not under the dead letter; to follow that which most edifics, most aids and furthers a religious life, makes us holiest and likest to his immortal image; not that which makes us most conformable and captive to civil and subordinate precepts: whereof the strictest observance may ofttimes prove the destruction not only of many innocent persons and families, but of whole nations. Although indeed no ordinance human or from heaven can bind against the good of man; so that to keep them strictly against that end, is all one with to break them. Men of most renowned virtue have sometimes by transgressing most truly kept the law; and wisest magistrates have permitted and dispensed it; while they looked not peevishly at the letter, but with a greater spirit at the good of mankind, if always not written in the characters of law, yet engraven in the heart of man by a divine impression. This heathens could see, as the well-read in story can recount of Solon and Epaminondas, whom Cicero in his first book of “Invention” nobly defends. “All law,” saith he, “we ought to refer to the common good, and interpret by that, not by the scroll of letters. No man observes law for law’s sake, but for the good of them for whom it was made.” The rest might serve Edition: current; Page: [289] well to lecture these times, deluded through belly doctrines into a devout slavery. The Scripture also affords David in the showbread, Hezekiah in the passover, sound and safe transgressors of the literal command, which also dispensed not seldom with itself; and taught us on what just occasions to do so: until our Saviour, for whom that great and godlike work was reserved, redeemed us to a state above prescriptions, by dissolving the whole law into charity. And have we not the soul to understand this, and must we, against this glory of God’s transcendant love towards us, be still the servants of a literal indictment?

“Created he him.”] It might be doubted why he saith, “In the image of God created he him,” not them, as well as “male and female” them; especially since that image might be common to them both, but male and female could not, however the Jews fable and please themselves with the accidental concurrence of Plato’s wit, as if man at first had been created hermaphrodite: but then it must have been male and female created he him. So had the image of God been equally common to them both, it had no doubt been said, in the image of God created he them. But St. Paul ends the controversy, by explaining, that the woman is not primarily and immediately the image of God, but in reference to the man, “The head of the woman,” saith he, 1 Cor. xi. “is the man;” “he the image and glory of God, she the glory of the man;” he not for her, but she for him. Therefore his precept is, “Wives, be subject to your husbands as is fit in the Lord,” Col. iii. 18; “in every thing,” Eph. v. 24. Nevertheless man is not to hold her as a servant, but receives her into a part of that empire, which God proclaims him to, though not equally, yet largely, as his own image and glory: for it is no small glory to him, that a creature so like him should be made subject to him. Not but that particular exceptions may have place, if she exceed her husband in prudence and dexterity, and he contentedly yield: for then a superior and more natural law comes in, that the wiser should govern the less wise, whether male or female. But that which far more easily and obediently follows from this verse is, that, seeing woman was purposely made for man, and he her head, it cannot stand before the breath of this divine utterance, that man the portraiture of God, joining to himself for his intended good and solace an inferior sex, should so become her thrall, whose wilfulness or inability to be a wife frustrates the occasional end of her creation; but that he may acquit himself to freedom by his natural birthright, and that indelible character of priority, which God crowned him with. If it be urged, that sin hath lost him this, the answer is not far to seek, that from her the sin first proceeded, which keeps her justly in the same proportion still beneath. She is not to gain by being first in the transgression, that man should further lose to her, because already he hath lost by her means. Oft it happens, that in this matter he is without fault; so that his punishment herein is causeless: and God hath the praise in our speeches of him, to sort his punishment in the same kind with the offence. Suppose he erred; it is not the intent of God or man, to hunt an error so to the death with a revenge beyond all measure and proportion. But if we argue thus, this affliction is befallen him for his sin, therefore he must bear it without seeking the only remedy; first, it will be false, that all affliction comes for sin, as in the case of Job, and of the man born blind, John ix. 3, was evident; next, by that reason, all miseries coming for sin, we must let them all lie upon us like the vermin of an Indian Catharist, which his fond religion forbids him to molest. Were it a particular punishment inflicted through the anger of God upon a person, or upon a land, no law hinders us in that regard, no law but bids us remove Edition: current; Page: [290] it if we can; much more if it be a dangerous temptation withal; much more yet, if it be certainly a temptation, and not certainly a punishment though a pain. As for what they say we must bear with patience; to bear with patience, and to seek effectual remedies, implies no contradiction. It may no less be for our disobedience, our unfaithfulness, and other sins against God, that wives become adulterous to the bed; and questionless we ought to take the affliction as patiently as Christian prudence would wish: yet hereby is not lost the right of divorcing for adultery. No, you say, because our Saviour excepted that only. But why, if he were so bent to punish our sins, and try our patience in binding on us a disastrous marriage, why did he except adultery? Certainly to have been bound from divorce in that case also had been as plentiful a punishment to our sins, and not too little work for the patientest. Nay, perhaps they will say it was too great a sufferance; and with as slight a reason, for no wise man but would sooner pardon the act of adultery once and again committed by a person worth pity and forgiveness, than to lead a wearisome life of unloving and unquiet conversation with one who neither affects nor is affected, much less with one who exercises all bitterness, and would commit adultery too, but for envy lest the persecuted condition should thereby get the benefit of his freedom. It is plain therefore, that God enjoins not this supposed strictness of not divorcing either to punish us, or to try our patience.

Moreover, if man be the image of God, which consists in holiness, and woman ought in the same respect to be the image and companion of man, in such wise to be loved as the church is beloved of Christ; and if, as God is the head of Christ, and Christ the head of man, so man is the head of woman; I cannot see by this golden dependence of headship and subjection, but that piety and religion is the main tie of Christian matrimony: so as if there be found between the pair a notorious disparity either of wickedness or heresy, the husband by all manner of right is disengaged from a creature, not made and inflicted on him to the vexation of his righteousness: the wife also, as her subjection is terminated in the Lord, being herself the redeemed of Christ, is not still bound to be the vassal of him, who is the bondslave of Satan: she being now neither the image nor the glory of such a person, nor made for him, nor left in bondage to him; but hath recourse to the wing of charity, and protection of the church, unless there be a hope on either side: yet such a hope must be meant, as may be a rational hope, and not an endless servitude. Of which hereafter.

But usually it is objected, that if it be thus, then there can be no true marriage between misbelievers and irreligious persons. I might answer, let them see to that who are such; the church hath no commission to judge those without: 1 Cor. v. But this they will say perhaps, is but penuriously to resolve a doubt. I answer therefore, that where they are both irreligious, the marriage may be yet true enough to them in a civil relation. For there are left some remains of God’s image in man, as he is merely man; which reason God gives against the shedding of man’s blood, Gen. ix. as being made in God’s image, without expressing whether he were a good man or a bad, to exempt the slayer from punishment. So that in those marriages where the parties are alike void of religion, the wife owes a civil homage and subjection, the husband owes a civil loyalty. But where the yoke is misyoked, heretic with faithful, godly with ungodly, to the grievance and manifest endangering of a brother or sister, reasons of a higher strain than matrimonial bear sway; unless the gospel, instead of freeing us, debase itself to make us bond-men, and suffer evil to control good.

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“Male and female created he them.”] This contains another end of matching man and woman, being the right and lawfulness of the marriage-bed; though much inferior to the former end of her being his image and help in religious society. And who of weakest insight may not see, that this creating of them male and female cannot in any order of reason, or Christianity, be of such moment against the better and higher purposes of their creation, as to enthral husband or wife to duties or to sufferings, unworthy and unbeseeming the image of God in them? Now whenas not only men, but good men, do stand upon their right, their estimation, their dignity, in all other actions and deportments, with warrant enough and good conscience, as having the image of God in them, it will not be difficult to determine what is unworthy and unseemly for a man to do or suffer in wedlock: and the like proportionally may be found for woman, if we love not to stand disputing below the principles of humanity. He that said, “Male and female created he them,” immediately before that said also in the same verse, “in the image of God created he him,” and redoubled it, that our thoughts might not be so full of dregs as to urge this poor consideration of male and female, without remembering the nobleness of that former repetition; lest when God sends a wise eye to examine our trivial glosses, they be found extremely to creep upon the ground: especially since they confess, that what here concerns marriage is but a brief touch, only preparative to the institution which follows more expressly in the next chapter: and that Christ so took it, as desiring to be briefest with them who came to tempt him, account shall be given in due place.

Ver. 28. “And God blessed them, and God said unto them, Be fruitful and multiply, and replenish the earth,” &c.

This declares another end of matrimony, the propagation of mankind; and is again repeated to Noah and his sons. Many things might be noted on this place not ordinary, nor unworth the noting; but I undertook not a general comment. Hence therefore we see the desire of children is honest and pious; if we be not less zealous in our Christianity than Plato was in his heathenism; who in the sixth of his laws, counts offspring therefore desirable, that we may leave in our stead sons of our sons, continual servants of God: a religious and prudent desire, if people knew as well what were required to breeding as to begetting; which desire perhaps was a cause, why the Jews hardly could endure a barren wedlock: and Philo, in his book of special laws, esteems him only worth pardon, that sends not barrenness away. Carvilius, the first recorded in Rome to have sought divorce, had it granted him for the barrenness of his wife, upon his oath that he married to the end he might have children; as Dionysius and Gellius are authors. But to dismiss a wife only for barrenness, is hard: and yet in some the desire of children is so great, and so just, yea sometimes so necessary, that to condemn such a one to a childless age, the fault apparently not being in him, might seem perhaps more strict than needed. Sometimes inheritances, crowns, and dignities are so interested and annexed in their common peace and good to such or such lineal descent, that it may prove of great moment both in the affairs of men and of religion, to consider thoroughly what might be done herein, notwithstanding the waywardness of our school doctors.

Genesis ii. 18.

“And the Lord said, It is not good that man should be alone; I will make him a help meet for him.”

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Ver. 23. “And Adam said,” &c. Ver. 24. “Therefore shall a man leave.” &c.

This second chapter is granted to be a commentary on the first, and these verses granted to be an exposition of that former verse, “Male and female created he them:” and yet when this male and female is by the explicit words of God himself here declared to be not meant other than a fit help, and meet society; some, who would engross to themselves the whole trade of interpreting, will not suffer the clear text of God to do the office of explaining itself.

“And the Lord God said, It is not good.”] A man would think, that the consideration of who spake should raise up the intention of our minds to inquire better, and obey the purpose of so great a speaker: for as we order the business of marriage, that which he here speaks is all made vain; and in the decision of matrimony, or not matrimony, nothing at all regarded. Our presumption hath utterly changed the state and condition of this ordinance: God ordained it in love and helpfulness to be indissoluble, and we in outward act and formality to be a forced bondage; so that being subject to a thousand errors in the best men, if it prove a blessing to any, it is of mere accident, as man’s law hath handled it, and not of institution.

“It is not good for man to be alone.”] Hitherto all things, that have been named, were approved of God to be very good: loneliness is the first thing, which God’s eye named not good: whether it be a thing, or the want of something, I labour not; let it be their tendance, who have the art to be industriously idle. And here “alone” is meant alone without woman; otherwise Adam had the company of God himself, and angels to converse with; all creatures to delight him seriously, or to make him sport. God could have created him out of the same mould a thousand friends and brother Adams to have been his consorts; yet for all this, till Eve was given him, God reckoned him to be alone.

“It is not good.”] God here presents himself like to a man deliberating; both to show us that the matter is of high consequence, and that he intended to found it according to natural reason, not impulsive command; but that the duty should arise from the reason of it, not the reason be swallowed up in a reasonless duty. “Not good,” was as much to Adam before his fall as not pleasing, not expedient; but since the coming of sin into the world, to him who hath not received the continence, it is not only not expedient to be alone, but plainly sinful. And therefore he who wilfully abstains from marriage, not being supernaturally gifted, and he who by making the yoke of marriage unjust and intolerable, causes men to abhor it, are both in a diabolical sin, equal to that of Antichrist, who forbids to marry. For what difference at all whether he abstain men from marrying, or restrain them in a marriage happening totally discommodious, distasteful, dishonest, and pernicious to him, without the appearance of his fault? For God does not here precisely say, I make a female to this male, as he did before; but expounding himself here on purpose, he saith, because it is not good for man to be alone, I make him therefore a meet help. God supplies the privation of not good, with the perfect gift of a real and positive good: it is man’s perverse cooking, who hath turned this bounty of God into a scorpion, either by weak and shallow constructions, or by proud arrogance and cruelty to them who neither in their purposes nor in their actions have offended against the due honour of wedlock.

Now whereas the apostle’s speaking in the spirit, 1 Cor. vii. pronounces quite contrary to this word of God, “It is good for a man not to touch a woman,” and God cannot contradict himself; it instructs us, that his commands Edition: current; Page: [293] and words, especially such as bear the manifest title of some good to man, are not to be so strictly wrung, as to command without regard to the most natural and miserable necessities of mankind. Therefore the apostle adds a limitation in the 26th verse of that chapter, for the present necessity it is good; which he gives us doubtless as a pattern how to reconcile other places by the general rule of charity.

“For man to be alone.”] Some would have the sense hereof to be in respect of procreation only: and Austin contest that manly friendship in all other regard had been a more becoming solace for Adam, than to spend so many secret years in an empty world with one woman. But our writers deservedly reject this crabbed opinion; and defend that there is a peculiar comfort in the married state beside the genial bed, which no other society affords. No mortal nature can endure either in the actions of religion, or study of wisdom, without sometime slackening the cords of intense thought and labour: which lest we should think faulty, God himself conceals us not his own recreations before the world was built; “I was,” saith the eternal wisdom, “daily his delight, playing always before him.” And to him indeed wisdom is as a high tower of pleasure, but to us a steep hill, and we toiling ever about the bottom: he executes with ease the exploits of his omnipotence, as easy as with us it is to will: but no worthy enterprise can be done by us without continual plodding and wearisomeness to our faint and sensitive abilities. We cannot therefore always be contemplative, or pragmatical abroad, but have need of some delightful intermissions, wherein the enlarged soul may leave off a while her severe schooling; and, like a glad youth in wandering vacancy, may keep her holidays to joy and harmless pastime: which as she cannot well do without company, so in no company so well as where the different sex in most resembling unlikeness, and most unlike resemblance, cannot but please best, and be pleased in the aptitude of that variety. Whereof lest we should be too timorous, in the awe that our flat sages would form us and dress us, wisest Solomon among his gravest Proverbs countenances a kind of ravishment and erring fondness in the entertainment of wedded leisures; and in the Song of Songs, which is generally believed, even in the jolliest expressions, to figure the spousals of the church with Christ, sings of a thousand raptures between those two lovely ones far on the hither side of carnal enjoyment. By these instances, and more which might be brought, we may imagine how indulgently God provided against man’s loneliness; that he approved it not, as by himself declared not good; that he approved the remedy thereof, as of his own ordaining, consequently good: and as he ordained it, so doubtless proportionably to our fallen estate he gives it; else were his ordinance at least in vain, and we for all his gifts still empty handed. Nay, such an unbounteous giver we should make him, as in the fables Jupiter was to Ixion, giving him a cloud instead of Juno, giving him a monstrous issue by her, the breed of Centaurs, a neglected and unloved race, the fruits of a delusive marriage; and lastly, giving him her with a damnation to that wheel in hell, from a life thrown into the midst of temptations and disorders. But God is no deceitful giver, to bestow that on us for a remedy of loneliness, which if it bring not a sociable mind as well as a conjunctive body, leaves us no less alone than before; and if it bring a mind perpetually averse and disagreeable, betrays us to a worse condition than the most deserted loneliness. God cannot in the justice of his own promise and institution so unexpectedly mock us, by forcing that upon us as the remedy of solitude, which wraps us in a misery worse than any wilderness, as the Spirit of God himself judges, Prov. xix., especially Edition: current; Page: [294] knowing that the best and wisest men amidst the sincere and most cordial designs of their heart, do daily err in choosing. We may conclude therefore, seeing orthodoxal expositors confess to our hands, that by loneliness is not only meant the want of copulation, and that man is not less alone by turning in a body to him, unless there be within it a mind answerable; that it is a work more worthy the care and consultation of God to provide for the worthiest part of man, which is his mind, and not unnaturally to set it beneath the formalities and respects of the body, to make it a servant of its own vassal: I say, we may conclude that such a marriage, wherein the mind is so disgraced and vilified below the body’s interest, and can have no just or tolerable contentment, is not of God’s institution, and therefore no marriage. Nay, in concluding this, I say we conclude no more than what the common expositors themselves give us, both in that which I have recited, and much more hereafter. But the truth is, they give us in such a manner, as they who leave their own mature positions like the eggs of an ostrich in the dust; I do but lay them in the sun; their own pregnancies hatch the truth; and I am taxed of novelties and strange producements, while they, like that inconsiderate bird, know not that these are their own natural breed.

“I will make him a help meet for him.”] Here the heavenly institutor, as if he laboured not to be mistaken by the supercilious hypocrisy of those that love to master their brethren, and to make us sure that he gave us not now a servile yoke, but an amiable knot, contents not himself to say, I will make him a wife; but resolving to give us first the meaning before the name of a wife, saith graciously, “I will make him a help meet for him.” And here again, as before, I do not require more full and fair deductions than the whole consent of our divines usually raise from this text, that in matrimony there must be first a mutual help to piety, next to civil fellowship of love and amity, then to generation, so to household affairs, lastly the remedy of incontinence. And commonly they reckon them in such order, as leaves generation and incontinence to be last considered. This I amaze me at, that though all the superior and nobler ends both of marriage and of the married persons be absolutely frustrate, the matrimony stirs not, loses no hold, remains as rooted as the centre: but if the body bring but in a complaint of frigidity, by that cold application only this adamantine Alp of wedlock has leave to dissolve; which else all the machinations of religious or civil reason at the suit of a distressed mind, either for divine worship or human conversation violated, cannot unfasten. What courts of concupiscence are these, wherein fleshly appetite is heard before right reason, lust before love or devotion? They may be pious Christians together, they may be loving and friendly, they may be helpful to each other in the family, but they cannot couple; that shall divorce them, though either party would not. They can neither serve God together, nor one be at peace with the other, nor be good in the family one to other, but live as they were dead, or live as they were deadly enemies in a cage together; it is all one, they can couple, they shall not divorce till death, not though this sentence be their death. What is this besides tyranny, but to turn nature upside down, to make both religion and the mind of man wait upon the slavish errands of the body, and not the body to follow either the sanctity or the sovereignty of the mind, unspeakably wronged, and with all equity complaining? what is this but to abuse the sacred and mysterious bed of marriage to be the compulsive style of an ingrateful and malignant lust, stirred up only from a carnal acrimony, without either love or peace, or regard to any other thing holy or human? This I admire, how possibly Edition: current; Page: [295] it should inhabit thus long in the sense of so many disputing theologians, unless it be the lowest lees of a canonical infection liver-grown to their sides; which perhaps will never uncling, without the strong abstersive of some heroic magistrate, whose mind, equal to his high office, dares lead him both to know and to do without their frivolous case-putting. For certain he shall have God and this institution plainly on his side. And if it be true both in divinity and law, that consent alone, though copulation never follow, makes a marriage; how can they dissolve it for the want of that which made it not, and not dissolve it for that not continuing which made it and should preserve it in love and reason, and difference it from a brute conjugality?

“Meet for him.”] The original here is more expressive than other languages word for word can render it; but all agree effectual conformity of disposition and affection to be hereby signified; which God as it were, not satisfied with the naming of a help, goes on describing another self, a second self, a very self itself. Yet now there is nothing in the life of man, through our misconstruction, made more uncertain, more hazardous and full of chance, than this divine blessing with such favourable significance here conferred upon us; which if we do but err in our choice, the most unblameable error that can be, err but one minute, one moment after those mighty syllables pronounced, which take upon them to join heaven and hell together unpardonably till death pardon: this divine blessing that looked but now with such a humane smile upon us, and spoke such gentle reason, straight vanishes like a fair sky, and brings on such a scene of cloud and tempest, as turns all to shipwreck without haven or shore, but to a ransomless captivity. And then they tell us it is our sin: but let them be told again, that sin through the mercy of God, hath not made such waste upon us, as to make utterly void to our use any temporal benefit, much less any so much availing to a peaceful and sanctified life, merely for a most incident error, which no wariness can certainly shun. And wherefore serves our happy redemption, and the liberty we have in Christ, but to deliver us from calamitous yokes, not to be lived under without the endangerment of our souls, and to restore us in some competent measure to a right in every good thing both of this life, and the other? Thus we see how treatably and distinctly God hath here taught us what the prime ends of marriage are; mutual solace and help. That we are now, upon the most irreprehensible mistake in choosing, defeated and defrauded of all this original benignity, was begun first through the snare of anti-christian canons long since obtruded upon the church of Rome, and not yet scoured off by reformation, out of a lingering vain-glory that abides among us to make fair shows in formal ordinances, and to enjoin continence and bearing of crosses in such a garb as no scripture binds us, under the thickest arrows of temptation, where we need not stand. Now we shall see with what acknowledgment and assent Adam received this new associate which God brought him.

Ver. 23. “And Adam said, This is now bone of my bones, and flesh of my flesh; she shall be called woman, because she was taken out of man.”

That there was a nearer alliance between Adam and Eve, than could be ever after between man and wife, is visible to any. For no other woman was ever moulded out of her husband’s rib, but of mere strangers for the most part they come to have that consanguinity, which they have by wedlock. And if we look nearly upon the matter, though marriage be most agreeable Edition: current; Page: [296] to holiness, to purity, and justice, yet is it not a natural, but a civil and ordained relation. For if it were in nature, no law or crime could disannul it, to make a wife, or husband, otherwise than still a wife or husband, but only death; as nothing but that can make a father no father, or a son no son. But divorce for adultery or desertion, as all our churches agree but England, not only separates, but nullifies, and extinguishes the relation itself of matrimony, so that they are no more man and wife; otherwise the innocent party could not marry elsewhere, without the guilt of adultery. Next, were it merely natural, why was it here ordained more than the rest of moral law to man in his original rectitude, in whose breast all that was natural or moral was engraven without external constitutions and edicts? Adam therefore in these words does not establish an indissoluble bond of marriage in the carnal ligaments of flesh and bones; for if he did, it would belong only to himself in the literal sense, every one of us being nearer in flesh of flesh, and bone of bones, to our parents than to a wife; they therefore were not to be left for her in that respect. But Adam, who had the wisdom given him to know all creatures, and to name them according to their properties, no doubt but had the gift to discern perfectly that which concerned him much more; and to apprehend at first sight the true fitness of that consort which God provided him. And therefore spake in reference to those words which God pronounced before; as if he had said, This is she by whose meet help and society I shall no more be alone; this is she who was made my image, even as I the image of God; not so much in body as in unity of mind and heart. And he might as easily know what were the words of God, as he knew so readily what had been done with his rib, while he slept so soundly. He might well know, if God took a rib out of his inside to form of it a double good to him, he would far sooner disjoin it from his outside, to prevent a treble mischief to him; and far sooner cut it quite off from all relation for his undoubted ease, than nail it into his body again, to stick for ever there a thorn in his heart. Whenas nature teaches us to divide any limb from the body to the saving of its fellows, though it be the maiming and deformity of the whole; how much more is it her doctrine to sever by incision, not a true limb so much, though that be lawful, but an adherent, a sore, the gangrene of a limb, to the recovery of a whole man! But if in these words we shall make Adam to erect a new establishment of marriage in the mere flesh, which God so lately had instituted, and founded in the sweet and mild familiarity of love and solace, and mutual fitness; what do we but use the mouth of our general parent, the first time it opens, to an arrogant opposition and correcting of God’s wiser ordinance? These words therefore cannot import any thing new in marriage, but either that which belongs to Adam only, or to us in reference only to the instituting words of God, which made a meet help against loneliness. Adam spake like Adam the words of flesh and bones, the shell and rind of matrimony; but God spake like God, of love, and solace, and meet help, the soul both of Adam’s words and of matrimony.

Ver. 24. “Therefore shall a man leave his father and his mother, and shall cleave unto his wife; and they shall be one flesh.”

This verse, as our common herd expounds it, is the great knot-tier, which hath undone by tying, and by tangling, millions of guiltless consciences: this is that grisly porter, who having drawn men and wisest men by subtle allurement within the train of an unhappy matrimony, claps the dungeon-gate upon them, as irrecoverable as the grave. But if we view him well, and hear him with not too hasty and prejudicant ears, we shall find no such Edition: current; Page: [297] terror in him. For first, it is not here said absolutely without all reason he shall cleave to his wife, be it to his weal or to his destruction as it happens; but he shall do this upon the premises and considerations of that meet help and society before mentioned. “Therefore he shall cleave to his wife,” no otherwise a wife than a fit help. He is not bid to leave the dear cohabitation of his father, mother, brothers, and sisters, to link himself inseparably with the mere carcass of a marriage, perhaps an enemy. This joining particle “Therefore” is in all equity, nay in all necessity of construction, to comprehend first and most principally what God spake concerning the inward essence of marriage in his institution, that we may learn how far to attend what Adam spake of the outward materials thereof in his approbation. For if we shall bind these words of Adam only to a corporal meaning, and that the force of this injunction upon all us his sons, to live individually with any woman which hath befallen us in the most mistaken wedlock, shall consist not in those moral and relative causes of Eve’s creation, but in the mere anatomy of a rib, and that Adam’s insight concerning wedlock reached no further, we shall make him as very an idiot as the Socinians make him; which would not be reverently done of us. Let us be content to allow our great forefather so much wisdom, as to take the instituting words of God along with him into this sentence, which if they be well minded, will assure us that flesh and ribs are but of a weak and dead efficacy to keep marriage united where there is no other fitness. The rib of marriage, to all since Adam, is a relation much rather than a bone; the nerves and sinews thereof are love and meet help, they knit not every couple that marries, and where they knit they seldom break; but where they break, which for the most part is where they were never truly joined, to such at the same instant both flesh and rib cease to be in common: so that here they argue nothing to the continuance of a false or violated marriage, but must be led back again to receive their meaning from those institutive words of God, which give them all the life and vigour they have.

“Therefore shall a man leave his father,” &c.] What to a man’s thinking more plain by this appointment, that the fatherly power should give place to conjugal prerogative? Yet it is generally held by reformed writers against the papist, that though in persons at discretion the marriage in itself be never so fit, though it be fully accomplished with benediction, board, and bed, yet the father not consenting, his main will without dispute shall dissolve all. And this they affirm only from collective reason, not any direct law; for that in Exod. xxii. 17, which is most particular, speaks that a father may refuse to marry his daughter to one who hath defloured her, not that he may take her away from one who hath soberly married her. Yet because the general honour due to parents is great, they hold he may, and perhaps hold not amiss. But again when the question is of harsh and rugged parents, who defer to bestow their children seasonably, they agree jointly, that the church or magistrate may bestow them, though without the father’s consent; and for this they have no express authority in Scripture. So that they may see by their own handling of this very place, that it is not the stubborn letter must govern us, but the divine and softening breath of charity, which turns and winds the dictate of every positive command, and shapes it to the good of mankind. Shall the outward accessory of a father’s will wanting rend the fittest and most affectionate marriage in twain, after all nuptial consummations; and shall not the want of love, and the privation of all civil and religious concord, which is the inward essence of wedlock, do as much to part those who were never truly wedded? Shall a father have this power to vindicate his own wilful honour and authority Edition: current; Page: [298] to the utter breach of a most dearly united marriage, and shall not a man in his own power have the permission to free his soul, his life, and all his comfort of life from the disaster of a no-marriage? Shall fatherhood, which is but man, for his own pleasure dissolve matrimony; and shall not matrimony, which is God’s ordinance, for its own honour and better conservation dissolve itself, when it is wrong and not fitted to any of the chief ends which it owes us?

“And they shall be one flesh.”] These words also infer, that there ought to be an individuality in marriage; but without all question presuppose the joining causes. Not a rule yet that we have met with, so universal in this whole institution, but hath admitted limitations and conditions according to human necessity. The very foundation of matrimony, though God laid it deliberately, “that it is not good for man to be alone,” holds not always, if the apostle can secure us. Soon after we are bid leave father and mother, and cleave to a wife, but must understand the father’s consent withal, else not. “Cleave to a wife,” but let her be a wife, let her be a meet help, a solace, not a nothing, not an adversary, not a desertrice: can any law or command be so unreasonable, as to make men cleave to calamity, to ruin, to perdition? In like manner here “they shall be one flesh;” but let the causes hold, and be made really good which only have the possibility to make them one flesh. We know that flesh can neither join nor keep together two bodies of itself; what is it then must make them one flesh, but likeness, but fitness of mind and disposition, which may breed the spirit of concord and union between them? If that be not in the nature of either, and that there has been a remediless mistake, as vain we go about to compel them into one flesh, as if we undertook to weave a garment of dry sand. It were more easy to compel the vegetable and nutritive power of nature to assimilations and mixtures, which are not alterable each by other; or force the concoctive stomach to turn that into flesh, which is so totally unlike that substance, as not to be wrought on. For as the unity of mind is nearer and greater than the union of bodies, so doubtless is the dissimilitude greater and more dividual, as that which makes between bodies all difference and distinction. Especially whenas besides the singular and substantial differences of every soul, there is an intimate quality of good or evil, through the whole progeny of Adam, which like a radical heat, or mortal chillness, joins them, or disjoins them irresistibly. In whom therefore either the will or the faculty, is found to have never joined, or now not to continue so, it is not to say, they shall be one flesh, for they cannot be one flesh. God commands not impossibilities; and all the ecclesiastical glue, that liturgy or laymen can compound, is not able to sodder up two such incongruous natures into the one flesh of a true beseeming marriage. Why did Moses then set down their uniting into one flesh? And I again ask why the gospel so oft repeats the eating of our Saviour’s flesh, the drinking of his blood? “That we are one body with him, the members of his body, flesh of his flesh, and bone of his bone,” Ephes. v. Yet lest we should be Capernaitans, as we are told there, that the flesh profiteth nothing; so we are told here, if we be not as deaf as adders, that this union of the flesh proceeds from the union of a fit help and solace. We know, that there was never a more spiritual mystery than this gospel taught us under the terms of body and flesh; yet nothing less intended than that we should stick there. What a stupidness then is it, that in marriage, which is the nearest resemblance of our union with Christ, we should deject ourselves to such a sluggish and underfoot philosophy, as to esteem the validity of marriage merely by the flesh, though never so broken and disjointed from love and peace, Edition: current; Page: [299] which only can give a human qualification to that act of the flesh, and distinguish it from bestial! The text therefore uses this phrase, that “they shall be one flesh,” to justify and make legitimate the rites of marriage bed; which was not unneedful, if for all this warrant they were suspected of pollution by some sects of philosophy, and religions of old, and latelier among the papists, and other heretics elder than they. Some think there is a high mystery in those words, from that which Paul saith of them, Ephes. v. “This is a great mystery, but I speak of Christ and the church: and thence they would conclude marriage to be inseparable.

For me, I dispute not now whether matrimony be a mystery or no; if it be of Christ and his church, certainly it is not meant of every ungodly and miswedded marriage, but then only mysterious, when it is a holy, happy, and peaceful match. But when a saint is joined with a reprobate, or both alike wicked with wicked, fool with fool, a he-drunkard with a she; when the bed hath been nothing else for twenty years or more, but an old haunt of lust and malice mixed together, no love, no goodness, no loyalty, but counterplotting, and secret wishing one another’s dissolution; this is to me the greatest mystery in the world, if such a marriage as this can be the mystery of aught, unless it be the mystery of iniquity: according to that which Paræus cites out of Chrysostom, that a bad wife is a help for the devil, and the like may be said of a bad husband. Since therefore none but a fit and pious matrimony can signify the union of Christ and his church, there cannot hence be any hinderance of divorce to that wedlock wherein there can be no good mystery. Rather it might to a Christian conscience be matter of finding itself so much less satisfied than before, in the continuance of an unhappy yoke, wherein there can be no representation either of Christ, or of his church.

Thus having inquired the institution how it was in the beginning, both from the 1st chap. of Gen. where it was only mentioned in part, and from the second, where it was plainly and evidently instituted; and having attended each clause and word necessary with a diligence not drowsy, we shall now fix with some advantage, and by a short view backward gather up the ground we have gone, and sum up the strength we have, into one argumentative head, with that organic force that logic proffers us. All arts acknowledge, that then only we know certainly, when we can define; for definition is that which refines the pure essence of things from the circumstance. If therefore we can attain in this our controversy to define exactly what marriage is, we shall soon learn when there is a nullity thereof, and when a divorce.

The part therefore of this chapter, which hath been here treated, doth orderly and readily resolve itself into a definition of marriage, and a consectary from thence. To the definition these words chiefly contribute; “It is not good,” &c. “I will make,” &c. Where the consectary begins this connection, “Therefore” informs us, “Therefore shall a man,” &c. Definition is decreed by logicians to consist only of causes constituting the essence of a thing. What is not therefore among the causes constituting marriage, must not stay in the definition. Those causes are concluded to be matter, and, as the artist calls it, Form. But inasmuch as the same thing may be a cause more ways than one, and that in relations and institutions which have no corporal subsistence, but only a respective being, the Form, by which the thing is what it is, is oft so slender and undistinguishable, that it would soon confuse, were it not sustained by the efficient and final causes, which concur to make up the Form, invalid otherwise of itself, it will be needful to take in all the four causes into the definition. Edition: current; Page: [300] First therefore, the material cause of matrimony is man and woman; the author and efficient, God and their consent; the internal Form and soul of this relation, is conjugal love arising from a mutual fitness to the final causes of wedlock, help and society in religious, civil, and domestic conversation, which includes as an inferior end the fulfilling of natural desire, and specifical increase; these are the final causes both moving the Efficient, and perfecting the Form. And although copulation be considered among the ends of marriage, yet the act thereof in a right esteem can no longer be matrimonial, than it is an effect of conjugal love. When love finds itself utterly unmatched, and justly vanishes, nay rather cannot but vanish, the fleshly act indeed may continue, but not holy, not pure, not beseeming the sacred bond of marriage; being at best but an animal excretion, but more truely worse and more ignoble than that mute kindliness among the herds and flocks; in that proceeding as it ought from intellective principles, it participates of nothing rational, but that which the field and the fold equals. For in human actions the soul is the agent, the body in a manner passive. If then the body do out of sensitive force, what the soul complies not with how can man, and not rather something beneath man, be thought the doer?

But to proceed in the pursuit of an accurate definition, it will avail us something, and whet our thoughts, to examine what fabric hereof others have already reared. Paræus on Gen. defines marriage to be “an indissoluble conjunction of one man and one woman to an individual and intimate conversation, and mutual benevolence,” &c. Wherein is to be marked his placing of intimate conversation before bodily benevolence; for bodily is meant, though indeed “benevolence” rather sounds will, than body. Why then shall divorce be granted for want of bodily performance, and not for want of fitness to intimate conversation, whenas corporal benevolence cannot in any human fashion be without this? Thus his definition places the ends of marriage in one order, and esteems them in another. His tautology also of indissoluble and individual is not to be imitated; especially since neither indissoluble nor individual hath aught to do in the exact definition, being but a consectary flowing from thence, as appears by plain Scripture, “Therefore shall a man leave,” &c. For marriage is not true marriage by being individual, but therefore individual, if it be true marriage. No argument but causes enter the definition: a consectary is but the effect of those causes. Besides, that marriage is indissoluble, is not catholicly true; we know it dissoluble for adultery and for desertion by the verdict of all reformed churches. Dr. Ames defines it “an individual conjunction of one man and one woman, to communion of body and mutual society of life:” but this perverts the order of God, who in the institution places meet help and society of life before communion of body. And vulgar estimation undervalues beyond comparison all society of life and communion of mind beneath the communion of body; granting no divorce, but to the want, or miscommunicating of that. Hemingius, an approved author, Melancthon’s scholar, and who, next to Bucer and Erasmus, writes of divorce most like a divine, thus comprises, “Marriage is a conjunction of one man and one woman lawfully consenting, into one flesh, for mutual help’s sake, ordained of God.” And in his explanation stands punctually upon the conditions of consent, that it be not in any main matter deluded, as being the life of wedlock, and no true marriage without a true consent. “Into one flesh” he expounds into one mind, as well as one body, and makes it the formal cause; herein only missing, while he puts the effect into his definition instead of the cause which the text affords him. For “one flesh” is not the formal essence of wedlock, but one end, or one Edition: current; Page: [301] effect of “a meet help:” the end ofttimes being the effect and fruit of the form, as logic teaches: else many aged and holy matrimonies, and more eminently that of Joseph and Mary, would be no true marriage. And that maxim generally received, would be false, that “consent alone, though copulation never follow, makes the marriage.” Therefore to consent lawfully into one flesh, is not the formal cause of matrimony, but only one of the effects. The civil lawyers, and first Justinian or Tribonian defines matrimony a “conjunction of man and woman containing individual accustom of life.” Wherein first, individual is not so bad as indissoluble put in by others: and although much cavil might be made in the distinguishing between indivisible and individual, yet the one taken for possible, the other for actual, neither the one nor the other can belong to the essence of marriage; especially when a civilian defines, by which law marriage is actually divorced for many causes, and with good leave, by mutual consent. Therefore where “conjunction” is said, they who comment the Institutes agree, that conjunction of mind is by the law meant, not necessarily conjunction of body. That law then had good reason attending to its own definition, that divorce should be granted for the breaking of that conjunction which it holds necessary, sooner than for the want of that conjunction which it holds not necessary. And whereas Tuningus a famous lawyer, excuses individual as the purpose of marriage, not always the success, it suffices not. Purpose is not able to constitute the essence of a thing. Nature herself, the universal mother, intends nothing but her own perfection and preservation; yet is not the more indissoluble for that. The Pandects out of Modestinus, though not define, yet well describe marriage “the conjunction of male and female, the society of all life, the communion of divine and human right:” which Bucer also imitates on the fifth to the Ephesians. But it seems rather to comprehend the several ends of marriage than to contain the more constituting cause that makes it what it is.

That I therefore among others (for who sings not Hylas?) may give as well as take matter to be judged on, it will be looked I should produce another definition than these which have not stood the trial. Thus then I suppose that marriage by the natural and plain order of God’s institution in the text may be more demonstratively and essentially defined. “Marriage is a divine institution, joining man and woman in a love fitly disposed to the helps and comforts of domestic life.” “A divine institution.” This contains the prime efficient cause of marriage: as for consent of parents and guardians, it seems rather a concurrence than a cause; for as many that marry are in their own power as not; and where they are not their own, yet are they not subjected beyond reason. Now though efficient causes are not requisite in a definition, yet divine institution hath such influence upon the Form, and is so a conserving cause of it, that without it the Form is not sufficient to distinguish matrimony from other conjunctions of male and female, which are not to be counted marriage. “Joining man and woman in a love,” &c. This brings in the parties’ consent; until which be, the marriage hath no true being. When I say “consent,” I mean not error, for error is not properly consent: and why should not consent be here understood with equity and good to either part, as in all other friendly covenants, and not be strained and cruelly urged to the mischief and destruction of both? Neither do I mean that singular act of consent which made the contract; for that may remain, and yet the marriage not true nor lawful; and that may cease, and yet the marriage both true and lawful, to their sin that break it. So that either as no efficient at all, or but a transitory, it comes not into the definition. That consent I mean, which is a love fitly Edition: current; Page: [302] disposed to mutual help and comfort of life: this is that happy Form of Marriage naturally arising from the very heart of divine institution in the text, in all the former definitions either obscurely, and under mistaken terms expressed, or not at all. This gives marriage all her due, all her benefits, all her being, all her distinct and proper being. This makes a marriage not a bondage, a blessing not a curse, a gift of God not a snare. Unless there be a love, and that love born of fitness, how can it last? unless it last, how can the best and sweetest purposes of marriage be attained? And they not attained, which are the chief ends, and with a lawful love constitute the formal cause itself of marriage, how can the essence thereof subsist? How can it be indeed what it goes for? Conclude therefore by all the power of reason, that where this essence of marriage is not, there can be no true marriage; and the parties, either one of them or both, are free, and without fault, rather by a nullity than by a divorce, may betake them to a second choice, if their present condition be not tolerable to them. If any shall ask, why “domestic” in the definition? I answer, that because both in the Scriptures, and in the gravest poets and philosophers, I find the properties and excellencies of a wife set out only from domestic virtues; if they extend further, it diffuses them into the notion of some more common duty than matrimonial.

Thus far of the definition; the consectary which flows from thence, altogether depends thereon, is manifestly brought in by this connective particle “therefore;” and branches itself into a double consequence; First, individual society, “therefore shall a man leave father and mother:” Secondly, conjugal benevolence, “and they shall be one flesh.” Which, as was shown, is not without cause here mentioned, to prevent and to abolish the suspect of pollution in that natural and undefiled act. These consequences therefore cannot either in religion, law, or reason, be bound, and posted upon mankind to his sorrow and misery, but receive what force they have from the meetness of help and solace, which is the formal cause and end of that definition that sustains them. And although it be not for the majesty of Scripture, to humble herself in artificial theorems, and definitions, and corollaries, like a professor in the schools, but looks to be analyzed, and interpreted by the logical industry of her disciples and followers, and to be reduced by them, as oft as need is, into those sciential rules, which are the implements of instruction; yet Moses, as if foreseeing the miserable work that man’s ignorance and pusillanimity would make in this matrimonious business, and endeavouring his utmost to prevent it, condescends in this place to such a methodical and school-like way of defining and consequencing, as in no place of the whole law more.

Thus we have seen, and, if we be not contentious, may know what was marriage in the beginning, to which in the gospel we are referred; and what from hence to judge of nullity, or divorce. Here I esteem the work done; in this field the controversy decided; but because other places of Scripture seem to look aversely upon this our decision, (although indeed they keep all harmony with it,) and because it is a better work to reconcile the seeming diversities of Scripture, than the real dissensions of nearest friends; I shall assay in the three following discourses to perform that office.

Deuteronomy xxiv. 1, 2.

1. “When a man hath taken a wife and married her, and it come to pass that she find no favour in his eyes, because he hath found some uncleanness in her, then let him write her a bill of divorcement, and give it in her hand, and send her out of his house.

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2. And when she is departed out of his house, she may go and be another man’s wife.”

That which is the only discommodity of speaking in a clear matter, the abundance of argument that presses to be uttered, and the suspense of judgment what to choose, and how in the multitude of reason to be not tedious, is the greatest difficulty which I expect here to meet with. Yet much hath been said formerly concerning this law in “the Doctrine of Divorce.” Whereof I shall repeat no more than what is necessary. Two things are here doubted: First, and that but of late, whether this be a law or no; next, what this reason of “uncleanness” might mean, for which the law is granted. That it is a plain law no man ever questioned, till Vatablus within these hundred years professed Hebrew at Paris, a man of no religion, as Beza deciphers him. Yet some there be who follow him, not only against the current of all antiquity both Jewish and Christian, but the evidence of Scripture also, Malachi ii. 16, “Let him who hateth put away, saith the Lord God of Israel.” Although this place also hath been tampered with, as if it were to be thus rendered, “The Lord God saith, that he hateth putting away.” But this new interpretation rests only in the authority of Junius: for neither Calvin, nor Vatablus himself, nor any other known divine so interpreted before. And they of best note who have translated the Scripture since, and Diodati for one, follow not his reading. And perhaps they might reject it, if for nothing else, for these two reasons: first, it introduces in a new manner the person of God speaking less majestic than he is ever wont: when God speaks by his prophet, he ever speaks in the first person, thereby signifying his majesty and omnipresence. He would have said, I hate putting away, saith the Lord; and not sent word by Malachi in a sudden fallen style, “The Lord God saith, that he hateth putting away:” that were a phrase to shrink the glorious omnipresence of God speaking, into a kind of circumscriptive absence. And were as if a herald, in the achievement of a king, should commit the indecorum to set his helmet sideways and close, not full-faced and open in the posture of direction and command. We cannot think therefore that this last prophet would thus in a new fashion absent the person of God from his own words, as if he came not along with them. For it would also be wide from the proper scope of this place; he that reads attentively will soon perceive, that God blames not here the Jews for putting away their wives, but for keeping strange concubines, to the “profaning of Judah’s holiness,” and the vexation of their Hebrew wives, v. 11, and 14, “Judah hath married the daughter of a strange god:” and exhorts them rather to put their wives away whom they hate, as the law permitted, than to keep them under such affronts. And it is received, that this prophet lived in those times of Ezra and Nehemiah, (nay by some is thought to be Ezra himself,) when the people were forced by these two worthies to put their strange wives away. So that what the story of those times, and the plain context of the eleventh verse, from whence this rebuke begins, can give us to conjecture of the obscure and curt Ebraisms that follow; this prophet does not forbid putting away, but forbids keeping, and commands putting away according to God’s law, which is the plainest interpreter both of what God will, and what he can best suffer. Thus much evinces, that God there commanded divorce by Malachi; and this confirms, that he commands it also here by Moses.

I may the less doubt to mention by the way an author, though counted apocryphal, yet of no small account for piety and wisdom, the author of Ecclesiasticus. Which book, begun by the grandfather of that Jesus, who Edition: current; Page: [304] is called the son of Sirach, might have been written in part, not much after the time when Malachi lived, if we compute by the reign of Ptolemæus Euergetes. It professes to explain the law and the prophets; and yet exhorts us to divorce for incurable causes, and to cut off from the flesh those whom it there describes, Ecclesiastic. xxv. 26. Which doubtless that wise and ancient writer would never have advised, had either Malachi so lately forbidden it, or the law by a full precept not left it lawful. But I urge not this for want of better proof; our Saviour himself allows divorce to be a command, Mark x. 3, 5. Neither do they weaken this assertion, who say it was only a sufferance, as shall be proved at large in that place of Mark. But suppose it were not a written law, they never can deny it was a custom, and so effect nothing. For the same reasons that induce them why it should not be a law, will straiten them as hard why it should be allowed a custom. All custom is either evil, or not evil; if it be evil, this is the very end of lawgiving, to abolish evil customs by wholesome laws; unless we imagine Moses weaker than every negligent and startling politician. If it be, as they make this of divorce to be, a custom against nature, against justice, against charity, how, upon this most impure custom tolerated, could the God of pureness erect a nice and precise law, that the wife married after divorce could not return to her former husband, as being defiled? What was all this following niceness worth, built upon the lewd foundation of a wicked thing allowed? In few words then, this custom of divorce either was allowable, or not allowable; if not allowable, how could it be allowed? if it were allowable, all who understand law will consent, that a tolerated custom hath the force of a law, and is indeed no other but an unwritten law, as Justinian calls it, and is as prevalent as any written statute. So that their shift of turning this law into a custom wheels about, and gives the onset upon their own flanks; not disproving, but concluding it to be the more firm law, because it was without controversy a granted custom; as clear in the reason of common life, as those given rules whereon Euclid builds his propositions.

Thus being every way a law of God, who can without blasphemy doubt it to be a just and pure law? Moses continually disavows the giving them any statute, or judgment, but what he learnt of God; of whom also in his song he saith, Deut. xxxii., “He is the rock, his work is perfect, all his ways are judgment, a God of truth and without iniquity, just and right is he.” And David testifies, the judgments of the Lord “are true and righteous altogether.” Not partly right and partly wrong, much less wrong altogether, as divines of now-a-days dare censure them. Moses again, of that people to whom he gave this law, saith, Deut. xiv., “Ye are the children of the Lord your God, the Lord hath chosen thee to be a peculiar people to himself above all the nations upon the earth, that thou shouldst keep all his commandments, and be high in praise, in name, and in honour, holy to the Lord!” chap xxvi. And in the fourth, “Behold I have taught you statutes and judgments, even as the Lord my God commanded me, keep therefore and do them. For this is your wisdom and your understanding in the sight of nations that shall hear all these statutes, and say, surely this great nation is a wise and understanding people. For what nation is there so great, who hath God so nigh to them? and what nation that hath statutes and judgements so righteous as all this law which I set before you this day?” Thus whether we look at the purity and justice of God himself, the jealousy of his honour among other nations, the holiness and moral perfection which he intended by his law to teach this people, we cannot possibly think how he could endure to let them slug and grow inveterately wicked, under base Edition: current; Page: [305] allowances, and whole adulterous lives by dispensation. They might not eat, they might not touch an unclean thing; to what hypocrisy then were they trained up, if by prescription of the same law, they might be unjust, they might be adulterous for term of life? forbid to soil their garments with a coy imaginary pollution, but not forbid, but countenanced and animated by law, to soil their souls with deepest defilements. What more unlike to God, what more like that God should hate, than that his law should be so curious to wash vessels and vestures, and so careless to leave unwashed, unregarded, so foul a scab of Egypt in their souls? What would we more? The statutes of the Lord are all pure and just: and if all, then this of divorce.

“Because he hath found some uncleanness in her.”] That we may not esteem this law to be a mere authorizing of license, as the Pharisees took it, Moses adds the reason, for “some uncleanness found.” Some heretofore have been so ignorant, as to have thought, that this uncleanness means adultery. But Erasmus, who, for having writ an excellent treatise of divorce, was wrote against by some burly standard divine, perhaps of Cullen, or of Lovain, who calls himself Phimostomus, shows learnedly out of the fathers, with other testimonies and reasons, that uncleanness is not here so understood; defends his former work, though new to that age, and perhaps counted licentious, and fears not to engage all his fame on the argument. Afterward, when expositors began to understand the Hebrew text, which they had not done of many ages before, they translated word for word not “uncleanness,” but “the nakedness of any thing;” and considering that nakedness is usually referred in Scripture to the mind as well as to the body, they constantly expound it any defect, annoyance, or ill quality in nature, which to be joined with, makes life tedious, and such company worse than solitude. So that here will be no cause to vary from the general consent of exposition, which gives us freely that God permitted divorce, for whatever was unalterably distasteful, whether in body or mind. But with this admonishment, that if the Roman law, especially in contracts and dowries, left many things to equity with these cautions, “ex fide bona, quod æquius melius erit, ut inter bonos bene agitur;” we will not grudge to think, that God intended not license here to every humour, but to such remediless grievances as might move a good and honest and faithful man then to divorce, when it can no more be peace or comfort to either of them continuing thus joined. And although it could not be avoided, but that men of hard hearts would abuse this liberty, yet doubtless it was intended, as all other privileges in law are, to good men principally, to bad only by accident. So that the sin was not in the permission, nor simply in the action of divorce, (for then the permitting also had been sin,) but only in the abuse. But that this law should, as it were, be wrung from God and Moses, only to serve the hardheartedness, and the lust of injurious men, how remote it is from all sense, and law, and honesty, and therefore surely from the meaning of Christ, shall abundantly be manifest in due order.

Now although Moses needed not to add other reason of this law than that one there expressed, yet to these ages wherein canons, and Scotisms, and Lombard laws, have dulled, and almost obliterated the lively sculpture of ancient reason and humanity; it will be requisite to heap reason upon reason, and all little enough to vindicate the whiteness and the innocence of this divine law, from the calumny it finds at this day, of being a door to license and confusion. Whenas indeed there is not a judicial point in all Moses, consisting of more true equity, high wisdom, and godlike pity than this law; Edition: current; Page: [306] not derogating, but preserving the honour and peace of marriage, and exactly agreeing with the sense and mind of that institution in Genesis.

For, first, if marriage be but an ordained relation, as it seems not more, it cannot take place above the prime dictates of nature: and if it be of natural right, yet it must yield to that which is more natural, and before it by eldership and precedence in nature. Now it is not natural, that Hugh marries Beatrice, or Thomas Rebecca, being only a civil contract, and full of many chances; but that these men seek them meet helps, that only is natural; and that they espouse them such, that only is marriage. But if they find them neither fit helps nor tolerable society, what thing more natural, more original, and first in nature, than to depart from that which is irksome, grievous, actively hateful, and injurious even to hostility, especially in a conjugal respect, wherein antipathies are invincible, and where the forced abiding of the one can be no true good, no real comfort to the other? For if he find no contentment from the other, how can he return it from himself? or no acceptance, how can he mutually accept? What more equal, more pious, than to untie a civil knot for a natural enmity held by violence from parting, to dissolve an accidental conjunction of this or that man and woman, for the most natural and most necessary disagreement of meet from unmeet, guilty from guiltless, contrary from contrary? It being certain, that the mystical and blessed unity of marriage can be no way more unhallowed and profaned, than by the forcible uniting of such disunions and separations. Which if we see ofttimes they cannot join or piece up a common friendship, or to a willing conversation in the same house, how should they possibly agree to the most familiar and united amity of wedlock? Abraham and Lot, though dear friends and brethren in a strange country, chose rather to part asunder, than to infect their friendship with the strife of their servants: Paul and Barnabas, joined together by the Holy Ghost to a spiritual work, thought it better to separate, when once they grew at variance. If these great saints, joined by nature, friendship, religion, high providence, and revelation, could not so govern a casual difference, a sudden passion, but must in wisdom divide from the outward duties of a friendship, or a colleagueship in the same family, or in the same journey, lest it should grow to a worse division; can any thing be more absurd and barbarous, than that they whom only error, casualty, art, or plot, hath joined, should be compelled, not against a sudden passion, but against the permanent and radical discords of nature, to the most intimate and incorporating duties of love and embracement, therein only rational and human, as they are free and voluntary; being else an abject and servile yoke, scarce not brutish? and that there is in man such a peculiar sway of liking or disliking in the affairs of matrimony, is evidently seen before marriage among those who can be friendly, can respect each other, yet to marry each other would not for any persuasion. If then this unfitness and disparity be not till after marriage discovered, through many causes, and colours, and concealments, that may overshadow; undoubtedly it will produce the same effects, and perhaps with more vehemence, that such a mistaken pair would give the world to be unmarried again. And their condition Solomon to the plain justification of divorce expresses, Prov. xxx. 21, 23, where he tells us of his own accord, that a “hated, or a hateful woman, when she is married, is a thing for which the earth is disquieted, and cannot bear it:” thus giving divine testimony to this divine law, which bids us nothing more than is the first and most innocent lesson of nature, to turn away peaceably from what afflicts, and hazards our destruction; especially when our staying can do no good, and is exposed to all evil.

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Secondly, It is unjust that any ordinance, ordained to the good and comfort of man, where that end is missing, without his fault, should be forced upon him to an insufferable misery and discomfort, if not commonly ruin. All ordinances are established in their end; the end of law is the virtue, is the righteousness of law: and therefore him we count an ill expounder, who urges law against the intention thereof. The general end of every ordinance, of every severest, every divinest, even of Sabbath, is the good of man; yea, his temporal good not excluded. But marriage is one of the benignest ordinances of God to man, whereof both the general and particular end is the peace and contentment of man’s mind, as the institution declares. Contentment of body they grant, which, if it be defrauded, the plea of frigidity shall divorce: but here lies the fathomless absurdity, that granting this for bodily defect, they will not grant it for any defect of the mind, any violation of religious or civil society. Whenas, if the argument of Christ be firm against the ruler of the synagogue, Luke xiii. “Thou hypocrite! doth not each of you on the Sabbath-day loosen his ox or his ass from the stall, and lead him to watering, and should not I unbind a daughter of Abraham from this bond of Satan?” it stands as good here; ye have regard in marriage to the grievance of body, should you not regard more the grievances of the mind, seeing the soul as much excels the body, as the outward man excels the ass, and more? for that animal is yet a living creature, perfect in itself; but the body without the soul is a mere senseless trunk. No ordinance therefore, given particularly to the good both spiritual and temporal of man, can be urged upon him to his mischief; and if they yield this to the unworthier part, the body, whereabout are they in their principles, that they yield it not to the more worthy, the mind of a good man?

Thirdly, As no ordinance, so no covenant, no not between God and man, much less between man and man, being, as all are, intended to the good of both parties, can hold to the deluding or making miserable of them both. For equity is understood in every covenant, even between enemies, though the terms be not expressed. If equity therefore made it, extremity may dissolve it. But marriage, they used to say, is the covenant of God. Undoubted: and so is any covenant frequently called in Scripture, wherein God is called to witness: the covenant of friendship between David and Jonathan is called the covenant of the Lord, 1 Sam. xx. The covenant of Zedekiah with the king of Babel, a covenant to be doubted whether lawful or no, yet, in respect of God invoked thereto, is called “the oath, and the covenant of God,” Ezek. xvii. Marriage also is called “the covenant of God,” Prov. ii. 17. Why, but as before, because God is the witness thereof, Mal. ii. 14. So that this denomination adds nothing to the covenant of marriage, above any other civil and solemn contract: nor is it more indissoluble for this reason than any other against the end of its own ordination; nor is any vow or oath to God exacted with such a rigour, where superstition reigns not. For look how much divine the covenant is, so much the more equal, so much the more to be expected that every article thereof should be fairly made good; no false dealing or unperforming should be thrust upon men without redress, if the covenant be so divine. But faith, they say, must be kept in covenant, though to our damage. I answer, that only holds true, where the other side performs; which failing, he is no longer bound. Again, this is true, when the keeping of faith can be of any use or benefit to the other. But in marriage, a league of love and willingness, if faith be not willingly kept, it scarce is worth the keeping; nor can be any delight to a generous mind, with whom it is forcibly kept: and the question still supposes the one brought to an impossibility of keeping it as he ought, Edition: current; Page: [308] by the other’s default; and to keep it formally, not only with a thousand shifts and dissimulations, but with open anguish, perpetual sadness and disturbance, no willingness, no cheerfulness, no contentment; cannot be any good to a mind not basely poor and shallow, with whom the contract of love is so kept. A covenant therefore brought to that pass, is on the unfaulty side without injury dissolved.

Fourthly, The law is not to neglect men under greatest sufferances, but to see covenants of greatest moment faithfulest performed. And what injury comparable to that sustained in a frustrate and false-dealing marriage, to lose, for another’s fault against him, the best portion of his temporal comforts, and of his spiritual too, as it may fall out? It was the law, that for man’s good and quiet reduced things to propriety, which were at first in common; how much more lawlike were it to assist nature in disappropriating that evil, which by continuing proper becomes destructive? But he might have bewared. So he might in any other covenant, wherein the law does not constrain error to so dear a forfeit. And yet in these matters wherein the wisest are apt to err, all the wariness that can be, ofttimes nothing avails. But the law can compel the offending party to be more duteous. Yes, if all these kind of offences were fit in public to be complained of, or being compelled were any satisfaction to a mate not sottish, or malicious. And these injuries work so vehemently, that if the law remedy them not, by separating the cause when no way else will pacify, the person not relieved betakes him either to such disorderly courses, or to such a dull dejection, as renders him either infamous, or useless to the service of God and his country. Which the law ought to prevent as a thing pernicious to the commonwealth; and what better prevention than this which Moses used?

Fifthly, The law is to tender the liberty and the human dignity of them that live under the law, whether it be the man’s right above the woman, or the woman’s just appeal against wrong and servitude. But the duties of marriage contain in them a duty of benevolence, which to do by compulsion against the soul, where there can be neither peace, nor joy, nor love, but an enthralment to one who either cannot or will not be mutual in the godliest and the civilest ends of that society, is the ignoblest and the lowest slavery that a human shape can be put to. This law therefore justly and piously provides against such an unmanly task of bondage as this. The civil law, though it favoured the setting free of a slave, yet, if he proved ungrateful to his patron, reduced him to a servile condition. If that law did well to reduce from liberty to bondage for an ingratitude not the greatest, much more became it the law of God, to enact the restorement of a freeborn man from an unpurposed and unworthy bondage to a rightful liberty, for the most unnatural fraud and ingratitude that can be committed against him. And if that civilian emperor, in his title of “Donations,” permit the giver to recall his gift from him who proves unthankful towards him; yea, though he had subscribed and signed in the deed of his gift not to recall it, though for this very cause of ingratitude; with much more equity doth Moses permit here the giver to recall no petty gift, but the gift of himself, from one who most injuriously and deceitfully uses him against the main ends and conditions of his giving himself, expressed in God’s institution.

Sixthly, Although there be nothing in the plain words of this law, that seems to regard the afflictions of a wife, how great soever; yet expositors determine, and doubtless determine rightly, that God was not uncompassionate of them also in the framing of this law. For should the rescript of Antoninus in the civil law give release to servants flying for refuge to the emperor’s statue, by giving leave to change their cruel masters; and should Edition: current; Page: [309] God, who in his law also is good to injured servants, by granting them their freedom in divers cases, not consider the wrongs and miseries of a wife, which is no servant? Though herein the counter sense of our divines to me, I must confess, seems admirable; who teach that God gave this as a merciful law, not for man whom he here names, and to whom by name he gives this power; but for the wife, whom he names not, and to whom by name he gives no power at all. For certainly if man be liable to injuries in marriage, as well as women, and man be the worthier person, it were a preposterous law to respect only the less worthy; her whom God made for marriage, and not him at all for whom marriage was made.

Seventhly, The law of marriage gives place to the power of parents: for we hold, that consent of parents not had may break the wedlock, though else accomplished. It gives place to masterly power; for the master might take away from a Hebrew servant the wife which he gave him, Exod. xxi. If it be answered, that the marriage of servants is no matrimony; it is replied, that this in the ancient Roman law is true, not in the Mosaic. If it be added, she was a stranger, not a Hebrew, therefore easily divorced; it will be answered, that strangers not being Canaanites, and they also being converts, might be lawfully married, as Rahab was. And her conversion is here supposed; for a Hebrew master could not lawfully give a heathen wife to a Hebrew servant. However, the divorcing of an Israelitish woman was as easy by the law, as the divorcing of a stranger, and almost in the same words permitted, Deut. xxiv. and Deut. xxi. Lastly, it gives place to the right of war, for a captive woman lawfully married, and afterwards not beloved, might be dismissed, only without ransom, Deut. xxi. If marriage be dissolved by so many exterior powers, not superior, as we think, why may not the power of marriage itself, for its own peace and honour, dissolve itself, where the persons wedded be free persons? Why may not a greater and more natural power complaining dissolve marriage? For the ends, why matrimony was ordained, are certainly and by all logic above the ordinance itself; why may not that dissolve marriage without which that institution hath no force at all? For the prime ends of marriage are the whole strength and validity thereof, without which matrimony is like an idol, nothing in the world. But those former allowances were all for hardness of heart. Be that granted, until we come where to understand it better; if the law suffer thus far the obstinacy of a bad man, is it not more righteous here, to do willingly what is but equal, to remove in season the extremities of a good man?

Eighthly, If a man had deflowered a virgin, or brought an ill name on his wife, that she came not a virgin to him, he was amerced in certain shekels of silver, and bound never to divorce her all his days, Deut. xxii., which shows that the law gave no liberty to divorce, where the injury was palpable; and that the absolute forbidding to divorce was in part the punishment of a deflourer, and a defamer. Yet not so but that the wife questionless might depart when she pleased. Otherwise this course had not so much righted her, as delivered her up to more spite and cruel usage. This law therefore doth justly distinguish the privilege of an honest and blameless man in the matter of divorce, from the punishment of a notorious offender.

Ninthly, Suppose it should be imputed to a man, that he was too rash in his choice, and why he took not better heed, let him now smart, and bear his folly as he may; although the law of God, that terrible law, do not thus upbraid the infirmities and unwilling mistakes of man in his integrity: but suppose these and the like proud aggravations of some stern hypocrite, more merciless in his mercies, than any literal law in the rigour of severity, must Edition: current; Page: [310] be patiently heard; yet all law and God’s law especially, grants every where to error, easy remitments, even where the utmost penalty exacted were no undoing. With great reason therefore and mercy doth it here not torment an error, if it be so, with the endurance of a whole life lost to all household comfort and society, a punishment of too vast and huge dimension for an error, and the more unreasonable for that the like objection may be opposed against the plea of divorcing for adultery: he might have looked better before to her breeding under religious parents: why did he not more diligently inquire into her manners, into what company she kept? every glance of her eye, every step of her gait, would have prophesied adultery, if the quick scent of these discerners had been took along; they had the divination to have foretold you all this, as they have now the divinity to punish an error inhumanly. As good reason to be content and forced to be content with your adulteress, if these objectors might be the judges of human frailty. But God, more mild and good to man, than man to his brother, in all this liberty given to divorcement, mentions not a word of our past errors and mistakes, if any were; which these men objecting from their own inventions, prosecute with all violence and iniquity. For if the one be to look so narrowly what he takes, at the peril of ever keeping, why should not the other be made as wary what is promised, by the peril of losing? for without those promises the treaty of marriage had not proceeded. Why should his own error bind him, rather than the other’s fraud acquit him? Let the buyer beware, saith the old law-beaten termer. Belike then there is no more honesty, nor ingenuity in the bargain of a wedlock, than in the buying of a colt: we must it seems drive it on as craftily with those whose affinity we seek, as if they were a pack of salemen and complotters. But the deceiver deceives himself in the unprosperous marriage, and therein is sufficiently punished. I answer, that the most of those who deceive are such as either understand not, or value not the true purposes of marriage; they have the prey they seek, not the punishment: yet say it prove to them some cross, it is not equal that error and fraud should be linked in the same degree of forfeiture, but rather that error should be acquitted, and fraud bereaved his morsel, if the mistake were not on both sides; for then on both sides the acquitment would be reasonable, if the bondage be intolerable; which this law graciously determines, not unmindful of the wife, as was granted willingly to the common expositors, though beyond the letter of this law, yet not beyond the spirit of charity.

Tenthly, Marriage is a solemn thing, some say a holy, the resemblance of Christ and his church: and so indeed it is where the persons are truly religious; and we know all sacred things, not performed sincerely as they ought, are no way acceptable to God in their outward formality. And that wherein it differs from personal duties, if they be not truly done, the fault is in ourselves; but marriage to be a true and pious marriage is not in the single power of any person; the essence whereof, as of all other covenants, is in relation to another, the making and maintaining causes thereof are all mutual, and must be a communion of spiritual and temporal comforts. If then either of them cannot, or obstinately will not, be answerable in these duties, so as that the other can have no peaceful living, or endure the want of what he justly seeks, and sees no hope, then straight from that dwelling, love, which is the soul of wedlock, takes his flight, leaving only some cold performances of civil and common respects; but the true bond of marriage, if there were ever any there, is already burst like a rotten thread. Then follows dissimulation, suspicion, false colours, false pretences, and worse than these, disturbance, annoyance, vexation, sorrow, temptation even in Edition: current; Page: [311] the faultless person weary of himself, and of all actions public or domestic; then comes disorder, neglect, hatred, and perpetual strife; all these the enemies of holiness and Christianity, and every one persisted in, a remediless violation of matrimony. Therefore God, who hates all feigning and formality, where there should be all faith and sincereness, and abhors the inevitable discord, where there should be greater concord; when through another’s default faith and concord cannot be, counts it neither just to punish the innocent with the transgressor, nor holy, nor honourable for the sanctity of marriage, that should be the union of peace and love, to be made the commitment and close fight of enmity and hate. And therefore doth in this law what best agrees with his goodness, loosening a sacred thing to peace and charity, rather than binding it to hatred and contention; loosening only the outward and formal tie of that which is already inwardly and really broken, or else was really never joined.

Eleventhly, One of the chief matrimonial ends is said to seek a holy seed; but where an unfit marriage administers continual cause of hatred and distemper, there, as was heard before, cannot choose but much unholiness abide. Nothing more unhallows a man, more unprepares him to the service of God in any duty, than a habit of wrath and perturbation, arising from the importunity of troublous causes never absent. And where the household stands in this plight, what love can there be to the unfortunate issue, what care of their breeding, which is of main conducement to their being holy? God therefore, knowing how unhappy it would be for children to be born in such a family, gives this law as a prevention, that, being an unhappy pair, they should not add to be unhappy parents, or else as a remedy that if there be children, while they are fewest, they may follow either parent, as shall be agreed, or judged, from the house of hatred and discord to a place of more holy and peaceable education.

Twelfthly, All law is available to some good end, but the final prohibition of divorce avails to no good end, causing only the endless aggravation of evil, and therefore this permission of divorce was given to the Jews by the wisdom and fatherly providence of God; who knew that law cannot command love, without which matrimony hath no true being, no good, no solace, nothing of God’s instituting, nothing but so sordid and so low, as to be disdained of any generous person. Law cannot enable natural inability either of body, or mind, which gives the grievance; it cannot make equal those inequalities, it cannot make fit those unfitnesses; and where there is malice more than defect of nature, it cannot hinder ten thousand injuries, and bitter actions of despight, too subtle and too unapparent for law to deal with. And while it seeks to remedy more outward wrongs, it exposes the injured person to other more inward and more cutting. All these evils unavoidably will redound upon the children, if any be, and upon the whole family. It degenerates and disorders the best spirits, leaves them to unsettled imaginations, and degraded hopes, careless of themselves, their households and their friends, unactive to all public service, dead to the commonwealth; wherein they are by one mishap, and no willing trespass of theirs, outlawed from all the benefits and comforts of married life and posterity. It confers as little to the honour and inviolable keeping of matrimony, but sooner stirs up temptations and occasions to secret adulteries and unchaste roving. But it maintains public honesty. Public folly rather; who shall judge of public honesty? The law of God and of ancientest Christians, and all civil nations; or the illegitimate law of monks and canonists, the most malevolent, most unexperienced, most incompetent judges of matrimony?

These reasons, and many more that might be alleged, afford us plainly Edition: current; Page: [312] to perceive both what good cause this law had to do for good men in mischances, and what necessity it had to suffer accidentally the hardheartedness of bad men, which it could not certainly discover, or discovering could not subdue, no nor endeavour to restrain without multiplying sorrow to them, for whom all was endeavoured. The guiltless therefore were not deprived their needful redresses, and the hard hearts of others, unchastisable in those judicial courts, were so remitted there, as bound over to the higher session of conscience.

Notwithstanding all this, there is a loud exception against this law of God, nor can the holy Author save his law from this exception, that it opens a door to all license and confusion. But this is the rudest, I was almost saying the most graceless objection, and with the least reverence to God and Moses, that could be devised: this is to cite God before man’s tribunal, to arrogate a wisdom and holiness above him. Did not God then foresee what event of license or confusion could follow? Did not he know how to ponder these abuses with more prevailing respects, in the most even balance of his justice and pureness, till these correctors came up to show him better? The law is, if it stir up sin any way, to stir it up by forbidding, as one contrary excites another, Rom. vii.; but if it once come to provoke sin, by granting license to sin, according to laws that have no other honest end, but only to permit the fulfilling of obstinate lust, how is God not made the contradicter of himself? No man denies, that best things may be abused; but it is a rule resulting from many pregnant experiences, that what doth most harm in the abusing, used rightly doth most good. And such a good to take away from honest men, for being abused by such as abuse all things, is the greatest abuse of all. That the whole law is no further useful, than as a man uses it lawfully, St. Paul teaches, 1 Tim. i. And that Christian liberty may be used for an occasion to the flesh, the same apostle confesses, Gal. v.; yet thinks not of removing it for that, but bids us rather “stand fast in the liberty wherewith Christ hath freed us, and not be held again in the yoke of bondage.” The very permission, which Christ gave to divorce for adultery, may be foully abused, by any whose hardness of heart can either feign adultery, or dares commit, that he may divorce. And for this cause the pope, and hitherto the church of England, forbid all divorce from the bond of marriage, though for openest adultery. If then it be righteous to hinder, for the fear of abuse, that which God’s law, notwithstanding that caution, hath warranted to be done, doth not our righteousness come short of Antichrist? or do we not rather herein conform ourselves to his unrighteousness in this undue and unwise fear? For God regards more to relieve by this law the just complaints of good men, than to curb the license of wicked men, to the crushing withal, and the overwhelming of his afflicted servants. He loves more that his law should look with pity upon the difficulties of his own, than with rigour upon the boundless riots of them who serve another master, and, hindered here by strictness, will break another way to worse enormities. If this law therefore have many good reasons for which God gave it, and no intention of giving scope to lewdness, but as abuse by accident comes in with every good law, and every good thing; it cannot be wisdom in us, while we can content us with God’s wisdom, nor can be purity, if his purity will suffice us, to except against this law, as if it fostered license. But if they affirm this law had no other end, but to permit obdurate lust, because it would be obdurate, making the law of God intentionally to proclaim and enact sin lawful, as if the will of God were become sinful, or sin stronger than his direct and lawgiving will; the men would be admonished to look well to it, that Edition: current; Page: [313] while they are so eager to shut the door against license, they do not open a worse door to blasphemy. And yet they shall be here further shown their iniquity: what more foul common sin among us than drunkenness? And who can be ignorant, that if the importation of wine, and the use of all strong drink, were forbid, it would both clean rid the possibility of committing that odious vice, and men might afterwards live happily and healthfully without the use of those intoxicating liquors? Yet who is there, the severest of them all, that ever propounded to lose his sack, his ale, toward the certain abolishing of so great a sin? who is there of them, the holiest, that less loves his rich Canary at meals, though it be fetched from places that hazard the religion of them who fetch it, and though it make his neighbour drunk out of the same tun? While they forbid not therefore the use of that liquid merchandise, which forbidden would utterly remove a most loathsome sin, and not impair either the health or the refreshment of mankind, supplied many other ways: why do they forbid a law of God, the forbidding whereof brings into excessive bondage ofttimes the best of men, and betters not the worse? He, to remove a national vice, will not pardon his cups, nor think it concerns him to forbear the quaffing of that outlandish grape, in his unnecessary fulness, though other men abuse it never so much; nor is he so abstemious as to intercede with the magistrate, that all matter of drunkenness be banished the commonwealth; and yet for the fear of a less inconvenience unpardonably requires of his brethren, in their extreme necessity, to debar themselves the use of God’s permissive law, though it might be their saving, and no man’s endangering the more. Thus this peremptory strictness we may discern of what sort it is, how unequal, and how unjust.

But it will breed confusion. What confusion it would breed God himself took the care to prevent in the fourth verse of this chapter, that the divorced, being married to another, might not return to her former husband. And Justinian’s law counsels the same in his title of “Nuptials.” And what confusion else can there be in separation, to separate upon extreme urgency the religious from the irreligious, the fit from the unfit, the willing from the wilful, the abused from the abuser? Such a separation is quite contrary to confusion. But to bind and mix together holy with atheist, heavenly with hellish, fitness with unfitness, light with darkness, antipathy with antipathy, the injured with the injurer, and force them into the most inward nearness of a detested union; this doubtless is the most horrid, the most unnatural mixture, the greatest confusion that can be confused.

Thus by this plain and Christian Talmud, vindicating the law of God from irreverent and unwary expositions, I trust, where it shall meet with intelligent perusers, some stay at least in men’s thoughts will be obtained, to consider these many prudent and righteous ends of this divorcing permission: that it may have, for the great Author’s sake, hereafter, some competent allowance to be counted a little purer than the prerogative of a legal and public ribaldry, granted to that holy seed. So that from hence we shall hope to find the way still more open to the reconciling of those places, which treat this matter in the gospel. And thither now without interruption the course of method brings us.

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Matthew, v. 31, 32.

31. “It hath been said, Whosoever shall put away his wife, let him give her a writing of divorcement.”

32. “But I say unto you, That whosoever shall put away his wife,” &c.

Matthew, xix. 3, 4, &c.

3. “And the Pharisees also came unto him, tempting him,” &c.

It hath been said.”] What hitherto hath been spoke upon the law of God touching matrimony or divorce, he who will deny to have been argued according to reason and all equity of Scripture, I cannot edify how, or by what rule of proportion, that man’s virtue calculates, what his elements are, nor what his analytics. Confidently to those who have read good books, and to those whose reason is not an illiterate book to themselves, I appeal, whether they would not confess all this to be the commentary of truth and justice, were it not for these recited words of our Saviour. And if they take not back that which they thus grant, nothing sooner might persuade them that Christ here teaches no new percept, and nothing sooner might direct them to find his meaning than to compare and measure it by the rules of nature and eternal righteousness, which no written law extinguishes, and the gospel least of all. For what can be more opposite and disparaging to the covenant of love, of freedom, and of our manhood in grace, than to be made the yoking pedagogue of new severities, the scribe of syllables and rigid letters, not only grievous to the best of men, but different and strange from the light of reason in them, save only as they are fain to stretch and distort their apprehensions, for fear of displeasing the verbal straitness of a text, which our own servile fear gives us not the leisure to understand aright? If the law of Christ shall be written in our hearts, as was promised to the gospel, Jer. xxxi., how can this in the vulgar and superficial sense be a law of Christ, so far from being written in our hearts, that it injures and disallows not only the free dictates of nature and moral law, but of charity also, and religion in our hearts? Our Saviour’s doctrine is, that the end and the fulfilling of every command is charity; no faith without it, no truth without it, no worship, no works pleasing to God but as they partake of charity. He himself sets us an example, breaking the solemnest and strictest ordinance of religious rest, and justified the breaking, not to cure a dying man, but such whose cure might without danger have been deferred. And wherefore needs must the sick man’s bed be carried on that day by his appointment? And why were the disciples, who could not forbear on that day to pluck the corn, so industriously defended, but to show us, that, if he preferred the slightest occasions of man’s good before the observing of highest and severest ordinances, he gave us much more easy leave to break the intolerable yoke of a never well-joined wedlock for the removing of our heaviest afflictions? Therefore it is, that the most of evangelic precepts are given us in proverbial forms, to drive us from the letter, though we love ever to be sticking there. For no other cause did Christ assure us that whatsoever things we bind, or slacken on earth, are so in heaven, but to signify that the Christian arbitrement of charity is supreme decider of all controversy, and supreme resolver of all Scripture, not as the pope determines for his own tyranny, but as the church ought to determine for its own true liberty. Hence Eusebius, not far from the beginning of his history, compares the state of Christians to that of Edition: current; Page: [315] Noah and the patriarchs before the law. And this indeed was the reason why apostolic tradition in the ancient church was counted nigh equal to the written word, though it carried them at length awry, for want of considering that tradition was not left to be imposed as law, but to be a pattern of that Christian prudence and liberty, which holy men by right assumed of old; which truth was so evident, that it found entrance even into the council of Trent, when the point of tradition came to be discussed. And Marinaro, a learned Carmelite, for approaching too near the true cause that gave esteem to tradition, that is to say, the difference between the Old and New Testaments, the one punctually prescribing written law, the other guiding by the inward spirit, was reprehended by Cardinal Pool as one that had spoken more worthy a German colloquy, than a general council. I omit many instances, many proofs and arguments of this kind, which alone would compile a just volume, and shall content me here to have shown briefly, that the great and almost only commandment of the gospel is, to command nothing against the good of man, and much more no civil command against his civil good. If we understand not this, we are but cracked cymbals, we do but tinkle, we know nothing, we do nothing, all the sweat of our toilsomest obedience will but mock us. And what we suffer superstitiously returns us no thanks. Thus medicining our eyes, we need not doubt to see more into the meaning of these our Saviour’s words, than many who have gone before us.

“It hath been said, whosoever shall put away his wife.”] Our Saviour was by the doctors of his time suspected of intending to dissolve the law. In this chapter he wipes off this aspersion upon his accusers, and shows how they were the lawbreakers. In every commonwealth, when it decays, corruption makes two main steps; first, when men cease to do according the inward and uncompelled actions of virtue, caring only to live by the outward constraint of law, and turn the simplicity of real good into the craft of seeming so by law. To this hypocritical honesty was Rome declined in that age wherein Horace lived, and discovered it to Quintius.

  • Whom do we count a good man, whom but he
  • Who keeps the laws and statutes of the Senate?
  • Who judges in great suits and controversies?
  • Whose witness and opinion wins the cause?
  • But his own house, and the whole neighbourhood
  • Sees his foul inside through his whited skin.

The next declining is, when law becomes now too strait for the secular manners, and those too loose for the cincture of law. This brings in false and crooked interpretations to eke out law, and invents the subtle encroachment of obscure traditions hard to be disproved. To both these descents the Pharisees themselves were fallen. Our Saviour therefore shows them both where they broke the law, in not marking the divine intent thereof, but only the letter; and where they depraved the letter also with sophistical expositions. This law of divorce they had depraved both ways: first, by teaching that to give a bill of divorce was all the duty which that law required, whatever the cause were; next, by running to divorce for any trivial accidental cause; whenas the law evidently stays in the grave causes of natural and immutable dislike. “It hath been said,” saith he. Christ doth not put any contempt or disesteem upon the law of Moses, by citing it so briefly; for in the same manner God himself cites a law of greatest caution, Jer. iii. “They say if a man put away his wife, shall he return to her again?” &c. Nor doth he more abolish it than the law of swearing, cited next with the same brevity, and more appearance of contradicting: Edition: current; Page: [316] for divorce hath an exception left it; but we are charged there, as absolutely as words can charge us, “not to swear at all;” yet who denies the lawfulness of an oath, though here it be in no case permitted? And what shall become of his solemn protestation not to abolish one law, or one tittle of any law, especially of those which he mentions in this chapter? And that he meant more particularly the not abolishing of Mosaic divorce, is beyond all cavil manifest in Luke xvi. 17, 18, where this clause against abrogating is inserted immediately before the sentence against divorce, as if it were called thither on purpose to defend the equity of this particular law against the foreseen rashness of common textuaries, who abolish laws, as the rabble demolish images, in the zeal of their hammers oft violating the sepulchres of good men: like Pentheus in the tragedies, they see that for Thebes which is not, and take that for superstition, as these men in the heat of their annulling perceive not how they abolish right, and equal and justice, under the appearance of judicial. And yet are confessing all the while, that these sayings of Christ stand not in contradiction to the law of Moses, but to the false doctrine of the Pharisees raised from thence; that the law of God is perfect, not liable to additions or diminutions: and Paræus accuses the Jesuit Maldonatus of greatest falsity for limiting the perfection of that law only to the rudeness of the Jews. He adds, “That the law promiseth life to the performers thereof, therefore needs not perfecter precepts than such as bring to life; that if the corrections of Christ stand opposite, not to the corruptions of the Pharisees, but to the law itself of God, the heresy of Manes would follow, one God of the Old Testament, and another of the New. That Christ saith not here, Except your righteousness exceed the righteousness of Moses’ law, but of the scribes and Pharisees.” That all this may be true: whither is common sense flown asquint, if we can maintain that Christ forbid the Mosaic divorce utterly, and yet abolished not the law that permits it? For if the conscience only were checked, and the law not repealed, what means the fanatic boldness of this age, that dares tutor Christ to be more strict than he thought fit? Ye shall have the evasion, it was a judicial law. What could infancy and slumber have invented more childish? Judicial or not judicial, it was one of those laws expressly which he forewarned us with protestation, that his mind was, not to abrogate: and if we mark the steerage of his words, what course they hold, we may perceive that what he protested not to dissolve (that he might faithfully and not deceitfully remove a suspicion from himself) was principally concerning the judicial law; for of that sort are all these here which he vindicates, except the last. Of the ceremonial law he told them true, that nothing of it should pass “until all were fulfilled.” Of the moral law he knew the Pharisees did not suspect he meant to nullify that: for so doing would soon have undone his authority, and advanced theirs. Of the judicial law therefore chiefly this apology was meant: for how is that fulfilled longer than the common equity thereof remains in force? And how is this our Saviour’s defence of himself not made fallacious, if the Pharisees’ chief fear be lest he should abolish the judicial law, and he, to satisfy them, protests his good intention to the moral law? It is the general grant of divines, that what in the judicial law is not merely judaical,* but reaches to human equity in common, was never in the thought of being abrogated. If our Saviour took away aught of law, it was the burdensome Edition: current; Page: [317] of it, not the ease of burden; it was the bondage, not the liberty of any divine law, that he removed; this he often professed to be the end of his coming. But what if the law of divorce be a moral law, as most certainly it is fundamentally, and hath been so proved in the reasons thereof? For though the giving of a bill may be judicial, yet the act of divorce is altogether conversant in good and evil, and so absolutely moral. So far as it is good, it never can be abolished, being moral; and so far as it is simply evil, it never could be judicial, as hath been shown at large “in the Doctrine of Divorce,” and will be reassumed anon. Whence one of these two necessities follow, that either it was never established, or never abolished. Thus much may be enough to have said on this place. The following verse will be better unfolded in the 19th chapter, where it meets us again, after a large debatement on the question between our Saviour and his adversaries.

Matthew xix. 3, 4, &c.

Ver. 3. “And the Pharisees came unto him, tempting him, and saying unto him.”

“Tempting him.”] The manner of these men coming to our Saviour, not to learn, but to tempt him, may give us to expect, that their answer will be such as is fittest for them; not so much a teaching, as an entangling. No man, though never so willing or so well enabled to instruct, but if he discern his willingness and candour made use of to entrap him, will suddenly draw in himself, and laying aside the facil vein of perspicuity, will know his time to utter clouds and riddles; if he be not less wise than that noted fish, whenas he should be not unwiser than the serpent. Our Saviour at no time expressed any great desire to teach the obstinate and unteachable Pharisees; but when they came to tempt him, then least of all. As now about the liberty of divorce, so another time about the punishment of adultery, they came to sound him; and what satisfaction got they from his answer, either to themselves, or to us, that might direct a law under the gospel, new from that of Moses, unless we draw his absolution of adultery into an edict? So about the tribute, who is there can pick out a full solution, what and when we must give to Cæsar, by the answer which he gave the Pharisees? If we must give to Cæsar that which is Cæsar’s, and all be Cæsar’s which hath his image, we must either new stamp our coin, or we may go new stamp our foreheads with the superscription of slaves instead of freemen. Besides, it is a general precept not only of Christ, but of all other sages, not to instruct the unworthy and the conceited, who love tradition more than truth, but to perplex and stumble them purposely with contrived obscurities. No wonder then if they, who would determine of divorce by this place, have ever found it difficult and unsatisfying through all the ages of the church, as Austin himself and other great writers confess. Lastly, it is manifest to be the principal scope of our Saviour, both here, and in the fifth of Matthew, to convince the Pharisees of what they being evil did licentiously, not to explain what others being good and blameless men might be permitted to do in case of extremity. Neither was it seasonable to talk of honest and conscientrous liberty among them, who had abused legal and civil liberty to uncivil license. We do not say to a servant what we say to a son; nor was it expedient to preach freedom to those who had transgressed in wantonness. When we rebuke a prodigal, we admonish him of thrift, not of magnificence, or bounty. And to school a proud man, we labour to make him humble, not magnanimous. So Christ, to retort these arrogant inquisitors their own, Edition: current; Page: [318] took the course to lay their haughtiness under a severity which they deserved; not to acquaint them, or to make them judges either of the just man’s right and privilege, or of the afflicted man’s necessity. And if we may have leave to conjecture, there is a likelihood offered us by Tertullian in his fourth against Marcion, whereby it may seem very probable, that the Pharisees had a private drift of malice against our Saviour’s life in proposing this question; and our Saviour had a peculiar aim in the rigour of his answer, both to let them know the freedom of his spirit, and the sharpness of his discerning. “This I must now show,” saith Tertullian, “whence our Lord deduced this sentence, and which way he directed it, whereby it will more fully appear, that he intended not to dissolve Moses.” And thereupon tells us, that the vehemence of this our Saviour’s speech was chiefly darted against Herod and Herodias. The story is out of Josephus; Herod had been a long time married to the daughter of Aretas king of Petra, till happening on his journey towards Rome to be entertained at his brother Philip’s house, he cast his eye unlawfully and unguestlike upon Herodias there, the wife of Philip, but daughter to Aristobulus their common brother, and durst make words of marrying her his niece from his brother’s bed. She assented, upon agreement he should expel his former wife. All was accomplished, and by the Baptist rebuked with the loss of his head. Though doubtless that stayed not the various discourses of men upon the fact, which while the Herodian flatterers, and not a few perhaps among the Pharisees, endeavoured to defend by wresting the law, it might be a means to bring the question of divorce into a hot agitation among the people, how far Moses gave allowance. The Pharisees therefore knowing our Saviour to be a friend of John the Baptist, and no doubt but having heard much of his sermon on the mount, wherein he spake rigidly against the license of divorce, they put him this question, both in hope to find him a contradictor of Moses, and a condemner of Herod; so to insnare him within compass of the same accusation which had ended his friend; and our Saviour so orders his answer, as that they might perceive Herod and his adulteress, only not named: so lively it concerned them both what he spake. No wonder, then, if the sentence of our Saviour sounded stricter than his custom was; which his conscious attempters doubtless apprehended sooner than his other auditors. Thus much we gain from hence to inform us, that what Christ intends to speak here of divorce, will be rather the forbidding of what we may not do herein passionately and abusively, as Herod and Herodias did, than the discussing of what herein we may do reasonably and necessarily.

“Is it lawful for a man to put away his wife?”] It might be rendered more exactly from the Greek, “to loosen or to set free;” which though it seem to have a milder signification than the two Hebrew words commonly used for divorce, yet interpreters have noted, that the Greek also is read in the Septuagint for an act which is not without constraint. As when Achish drove from his presence David, counterfeiting madness, Psal. xxxiv., the Greek word is the same with this here, to put away. And Erasmus quotes Hilary rendering it by an expression not so soft. Whence may be doubted, whether the Pharisees did not state this question in the strict right of the man, not tarrying for the wife’s consent. And if our Saviour answered directly according to what was asked in the term of putting away, it will be questionable, whether the rigour of his sentence did not forbid only such putting away as is without mutual consent, in a violent and harsh manner, or without any reason but will, as the tetrarch did. Which might be the cause that those Christian emperors feared not in their constitutions to dissolve Edition: current; Page: [319] marriage by mutual consent; in that our Saviour seems here, as the case is most likely, not to condemn all divorce, but all injury and violence in divorce. But no injury can be done to them, who seek it, as the Ethics of Aristotle sufficiently prove. True it is, that an unjust thing may be done to one though willing, and so may justly be forbidden: but divorce being in itself no unjust or evil thing, but only as it is joined with injury or lust; injury it cannot be at law, if consent be, and Aristotle err not. And lust it may as frequently not be, while charity hath the judging of so many private grievances in a misfortuned wedlock, which may pardonably seek a redemption. But whether it be or not, the law cannot discern or examine lust, so long as it walks from one lawful term to another, from divorce to marriage, both in themselves indifferent. For if the law cannot take hold to punish many actions apparently covetous, ambitious, ingrateful, proud, how can it forbid and punish that for lust, which is but only surmised so, and can no more be certainly proved in the divorcing now, than before in the marrying? Whence if divorce be no unjust thing, but through lust, a cause not discernible by law, as law is wont to discern in other cases, and can be no injury, where consent is; there can be nothing in the equity of law, why divorce by consent may not be lawful: leaving secresies to conscience, the thing which our Saviour here aims to rectify, not to revoke the statutes of Moses. In the mean while the word “to put away,” being in the Greek to loosen or dissolve, utterly takes away that vain papistical distinction of divorce from bed, and divorce from bond, evincing plainly, that Christ and the Pharisees mean here that divorce, which finally dissolves the bond, and frees both parties to a second marriage.

“For every cause.”] This the Pharisees held, that for every cause they might divorce, for every accidental cause, any quarrel or difference that might happen. So both Josephus and Philo, men who lived in the same age, explain; and the Syriac translator, whose antiquity is thought parallel to the Evangelists themselves, reads it conformably, “upon any occasion or pretence.” Divines also generally agree, that thus the Pharisees meant. Cameron, a late writer, much applauded, commenting this place not undiligently, affirms that the Greek preposition ϰατὰ translated unusually (for) hath a force in it implying the suddenness of those pharisaic divorces; and that their question was to this effect, “whether for any cause, whatever it chanced to be, straight as it rose, the divorce might be lawful.” This he freely gives, whatever moved him, and I as freely take, nor can deny his observation to be acute and learned. If therefore we insist upon the word of “putting away;” that it imports a constraint without consent, as might be insisted, and may enjoy what Cameron bestows on us, that “for every cause” is to be understood, “according as any cause may happen,” with a relation to the speediness of those divorces, and that Herodian act especially, as is already brought us; the sentence of our Saviour will appear nothing so strict a prohibition as hath been long conceived, forbidding only to divorce for casual and temporary causes, that may be soon ended, or soon remedied: and likewise forbidding to divorce rashly, and on the sudden heat, except it be for adultery. If these qualifications may be admitted, as partly we offer them, partly are offered them by some of their own opinion, and that where nothing is repugnant why they should not be admitted, nothing can wrest them from us; the severe sentence of our Saviour will straight unbend the seeming frown into that gentleness and compassion, which was so abundant in all his actions, his office, and his doctrine, from all which otherwise it stands off at no mean distance.

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Ver. 4. “And he answered and said unto them, Have ye not read, that he which made them at the beginning, made them male and female?”

Ver. 5. “And said, for this cause shall a man leave father and mother, and shall cleave to his wife, and they twain shall be one flesh.”

Ver. 6. “Wherefore they are no more twain, but one flesh. What therefore God hath joined together, let no man put asunder.”

4, and 5. “Made them male and female; and said, For this cause,” &c.] We see it here undeniably, that the law which our Saviour cites to prove that divorce was forbidden, is not an absolute and tyrannical command without reason, as now-a-days we make it little better, but is grounded upon some rational cause not difficult to be apprehended, being in a matter which equally concerns the meanest and the plainest sort of persons in a household life. Our next way then will be to inquire if there be not more reasons than one; and if there be, whether this be the best and chiefest. That we shall find by turning to the first institution, to which Christ refers our own reading: he himself, having to deal with treacherous assailants, useth brevity, and lighting on the first place in Genesis that mentions any thing tending to marriage in the first chapter, joins it immediately to the twenty-fourth verse of the second chapter, omitting all the prime words between which create the institution, and contain the noblest and purest ends of matrimony; without which attained, that conjunction hath nothing in it above what is common to us with beasts. So likewise beneath in this very chapter to the young man, who came not tempting him, but to learn of him, asking him which commandments he should keep; he neither repeats the first table, nor all the second, nor that in order which he repeats. If here then being tempted, he desire to be the shorter, and the darker in his conference, and omit to cite that from the second of Genesis, which all divines confess is a commentary to what he cites out of the first, the “making them male and female;” what are we to do, but to search the institution ourselves? And we shall find there his own authority, giving other manner of reasons why such firm union is to be in matrimony; without which reasons, their being male and female can be no cause of joining them unseparably: for if it be, then no adultery can sever. Therefore the prohibition of divorce depends not upon this reason here expressed to the Pharisees, but upon the plainer and more eminent causes omitted here, and referred to the institution; which causes not being found in a particular and casual matrimony, this sensitive and materious cause alone can no more hinder a divorce against those higher and more human reasons urging it, than it can alone without them to warrant a copulation, but leaves it arbitrary to those who in their chance of marriage find not why divorce is forbid them, but why it is permitted them; and find both here and in Genesis, that the forbidding is not absolute, but according to the reasons there taught us, not here. And that our Saviour taught them no better, but uses the most vulgar, most animal and corporal argument to convince them, is first to show us, that as through their licentious divorces they made no more of marriage, than as if to marry were no more than to be male and female, so he goes no higher in his confutation; deeming them unworthy to be talked with in a higher strain, but to be tied in marriage by the mere material cause thereof, since their own license testified that nothing matrimonial was in their thought, but to be male and female. Next, it might be done to discover the brute ignorance of these carnal doctors, who taking on them to dispute of marriage and divorce, were put to silence with such a slender opposition as this, and outed from their hold with scarce one quarter of an argument. That we may believe this, his entertainment of Edition: current; Page: [321] the young man soon after may persuade us. Whom, though he came to preach eternal life by faith only, he dismisses with a salvation taught him by works only. On which place Paræus notes, “That this man was to be convinced by a false persuasion; and that Christ is wont otherwise to answer hypocrites, otherwise those that are docible.” Much rather then may we think, that, in handling these tempters, he forgot not so to frame his prudent ambiguities and concealments, as was to the troubling of those peremptory disputants most wholesome. When therefore we would know what right there may be, in all accidents, to divorce, we must repair thither where God professes to teach his servants by the prime institution, and not where we see him intending to dazzle sophisters: we must not read, “he made them male and female,” and not understand he made them more intendedly “a meet help” to remove the evil of being “alone.” We must take both these together, and then we may infer completely, as from the whole cause, why a man shall cleave to his wife, and they twain shall be one flesh: but if the full and chief cause why we may not divorce be wanting here, this place may skirmish with the rabbies while it will, but to the true Christian it prohibits nothing beyond the full reason of its own prohibiting, which is best known by the institution.

Ver. 6. “Wherefore they are no more twain, but one flesh.”] This is true in the general right of marriage, but not in the chance medley of every particular match. For if they who were once undoubtedly one flesh, yet become twain by adultery, then sure they who were never one flesh rightly, never helps meet for each other according to the plain prescript of God, may with less ado than a volume be concluded still twain. And so long as we account a magistrate no magistrate, if there be but a flaw in his election, why should we not much rather count a matrimony no matrimony, if it cannot be in any reasonable manner according to the words of God’s institution.

“What therefore God hath joined, let not man put asunder.”] But here the Christian prudence lies to consider what God hath joined; shall we say that God hath joined error, fraud, unfitness, wrath, contention, perpetual loneliness, perpetual discord; whatever lust, or wine, or witchery, threat or inticement, avarice or ambition hath joined together, faithful and unfaithful, Christian with antichristian, hate with hate, or hate with love; shall we say this is God’s joining?

“Let not man put asunder.”] That is to say, what God hath joined; for if it be, as how oft we see it may be, not of God’s joining, and his law tells us he joins not unmatchable things, but hates to join them, as an abominable confusion, then the divine law of Moses puts them asunder, his own divine will in the institution puts them asunder, as oft as the reasons be not extant, for which only God ordained their joining. Man only puts asunder when his inordinate desires, his passion, his violence, his injury makes the breach: not when the utter want of that which lawfully was the end of his joining, when wrongs and extremities and unsupportable grievances compel him to disjoin: when such as Herod and the Pharisees divorce beside law, or against law, then only man separates, and to such only this prohibition belongs. In a word, if it be unlawful for man to put asunder that which God hath joined, let man take heed it be not detestable to join that by compulsion which God hath put asunder.

Ver. 7. “They say unto him, Why did Moses then command to give a writing of divorcement, and to put her away?”

Ver. 8. “He saith unto them, Moses because of the hardness of your Edition: current; Page: [322] hearts suffered you to put away your wives; but from the beginning it was not so.”

“Moses because of the hardness of your hearts suffered you.”] Hence the divinity now current argues, that this judicial law of Moses is abolished. But suppose it were so, though it hath been proved otherwise, the firmness of such right to divorce, as here pleads is fetched from the prime institution, does not stand or fall with the judicial Jew, but is as moral as what is moralest. Yet as I have shown positively, that this law cannot be abrogated, both by the words of our Saviour pronouncing the contrary, and by that unabolishable equity which it conveys to us; so I shall now bring to view those appearances of strength, which are levied from this text to maintain the most gross and massy paradox that ever did violence to reason and religion, bred only under the shadow of these words, to all other piety or philosophy strange and insolent, that God by act of law drew out a line of adultery almost two thousand years long: although to detect the prodigy of this surmise, the former book set forth on this argument hath already been copious. I shall not repeat much, though I might borrow of mine own; but shall endeavour to add something either yet untouched, or not largely enough explained. First, it shall be manifest, that the common exposition cannot possibly consist with Christian doctrine; next, a truer meaning of this our Saviour’s reply shall be left in the room. The received exposition is, that God, though not approving, did enact a law to permit adultery by divorcement simply unlawful. And this conceit they feed with fond supposals, that have not the least footing in Scripture: as that the Jews learned this custom of divorce in Egypt, and therefore God would not unteach it them till Christ came, but let it stick as a notorious botch of deformity in the midst of his most perfect and severe law. And yet he saith, Lev. xviii. “After the doings of Egypt ye shall not do.” Another while they invent a slander, (as what thing more bold than teaching ignorance when he shifts to hide his nakedness?) that the Jews were naturally to their wives the cruellest men in the world; would poison, brain, and do I know not what, if they might not divorce. Certain, if it were a fault heavily punished, to bring an evil report upon the land which God gave, what is it to raise a groundless calumny against the people which God made choice of? But that this bold interpretament, how commonly soever sided with, cannot stand a minute with any competent reverence to God, or his law, or his people, nor with any other maxim of religion, or good manners, might be proved through all the heads and topics of argumentation; but I shall willingly be as concise as possible. First, the law, not only the moral, but the judicial, given by Moses, is just and pure; for such is God who gave it. “Hearken, O Israel,” saith Moses, Deut. iv. “unto the statutes and the judgments which I teach you, to do them, that ye may live, &c. Ye shall not add unto the word which I command you, neither shall ye diminish aught from it, that ye may keep the commandments of the Lord your God, which I command you.” And onward in the chapter, “Behold, I have taught you statutes and judgments, even as the Lord my God commanded me. Keep therefore and do them, for this is your wisdom and your understanding. For what nation hath God so nigh unto them, and what nation hath statutes and judgments so righteous as all this law, which I set before ye this day?” Is it imaginable there should be among these a law which God allowed not, a law giving permissions laxative to unmarry a wife, and marry a lust, a law to suffer a kind of tribunal adultery? Many other scriptures might be brought to assert the purity of this judicial law, and many I have alleged before; Edition: current; Page: [323] this law therefore is pure and just. But if it permit, if it teach, if it defend that which is both unjust and impure, as by the common doctrine it doth, what think we? The three general doctrines of Justinian’s law are, “To live in honesty, To hurt no man, To give every one his due.” Shall the Roman civil law observe these three things, as the only end of law, and shall a statute be found in the civil law of God, enacted simply and totally against all these three precepts of nature and morality?

Secondly, The gifts of God are all perfect, and certainly the law is, of all his other gifts, one of the perfectest. But if it give that outwardly which it takes away really, and give that seemingly, which, if a man take it, wraps him into sin and damns him; what gift of an enemy can be more dangerous and destroying than this?

Thirdly, Moses every where commends his laws, prefers them before all of other nations, and warrants them to be the way of life and safety to all that walk therein, Lev. xviii. But if they contain statutes which God approves not, and train men unweeting to commit injustice and adultery under the shelter of law; if those things be sin, and death sin’s wages, what is this law but the snare of death?

Fourthly, The statutes and judgments of the Lord, which, without exception, are often told us to be such, as doing we may live by them, are doubtless to be counted the rule of knowledge and of conscience. “For I had not known lust,” saith the apostle, “but by the law.” But if the law come down from the state of her incorruptible majesty to grant lust his boon, palpably it darkens and confounds both knowledge and conscience; it goes against the common office of all goodness and friendliness, which is at least to counsel and admonish; it subverts the rules of all sober education, and is itself a most negligent and debauching tutor.

Fifthly, If the law permits a thing unlawful, it permits that which elsewhere it hath forbid; so that hereby it contradicts itself, and transgresses itself. But if the law become a transgressor, it stands guilty to itself, and how then shall it save another? It makes a confederacy with sin, how then can it justly condemn a sinner? And thus reducing itself to the state of neither saving nor condemning, it will not fail to expire solemnly ridiculous.

Sixthly, The prophets in Scripture declare severely against the decreeing of that which is unjust, Psal. xciv. 20; Isaiah x. But it was done, they say, for hardness of heart: to which objection the apostle’s rule, “not to do evil that good may come thereby,” gives an invincible repulse; and here especially, where it cannot be shown how any good came by doing this evil, how rather more evil did not hereon abound; for the giving way to hardness of heart hardens the more, and adds more to the number. God to an evil and adulterous generation would not “grant a sign;” much less would he for their hardness of heart pollute his law with adulterous permission. Yea, but to permit evil, is not to do evil. Yes, it is in a most eminent manner to do evil: where else are all our grave and faithful sayings, that he whose office is to forbid and forbids not, bids, exhorts, encourages? Why hath God denounced his anger against parents, masters, friends, magistrates, neglectful of forbidding what they ought, if law, the common father, master, friend, and perpetual magistrate, shall not only forbid, but enact, exhibit, and uphold with countenance and protection, a deed every way dishonest, whatever the pretence be? If it were of those inward vices, which the law cannot by outward constraint remedy, but leaves to conscience and persuasion, it had been guiltless in being silent: but to write a decree of that which can be no way lawful, and might with ease be hindered, makes law by the doom of law itself accessory in the highest degree.

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Seventhly, It makes God the direct author of sin: for although he be not made the author of what he silently permits in his providence, yet in his law, the image of his will, when in plain expression he constitutes and ordains a fact utterly unlawful; what wants he to authorize it, and what wants that to be the author?

Eighthly, To establish by law a thing wholly unlawful and dishonest, is an affirmation was never heard of before in any law, reason, philosophy, or religion, till it was raised by inconsiderate glossists from the mistake of this text. And though the civilians have been contented to chew this opinion, after the canon had subdued them, yet they never could bring example or authority, either from divine writ, or human learning, or human practice in any nation, or well-formed republic, but only from the customary abuse of this text. Usually they allege the epistle of Cicero to Atticus; wherein Cato is blamed for giving sentence to the scum of Romulus, as if he were in Plato’s commonwealth. Cato would have called some great one into judgment for bribery; Cicero, as the time stood, advised against it. Cato, not to endamage the public treasury, would not grant to the Roman knights, that the Asian taxes might be farmed them at a less rate. Cicero wished it granted. Nothing in all this will be like the establishing of a law to sin: here are no laws made, here only the execution of law is craved might be suspended: between which and our question is a broad difference. And what if human lawgivers have confessed they could not frame their laws to that perfection which they desired? We hear of no such confession from Moses concerning the laws of God, but rather all praise and high testimony of perfection given them. And although man’s nature cannot bear exactest laws, yet still within the confines of good it may and must, so long as less good is far enough from altogether evil. As for what they instance of usury, let them first prove usury to be wholly unlawful, as the laws allow it; which learned men as numerous on the other side will deny them. Or if it be altogether unlawful, why is it tolerated more than divorce? He who said divorce not, said also, “Lend, hoping for nothing again,” Luke vi. 35. But then they put in, that trade could not stand; and so to serve the commodity of insatiable trading, usury shall be permitted: but divorce, the only means ofttimes to right the innocent and outrageously wronged, shall be utterly forbid. This is egregious doctrine, and for which one day charity will much thank them. Beza not finding how to solve this perplexity, and Cameron since him, would secure us; although the latter confesses, that to “permit a wicked thing by law, is a wickedness which God abhors; yet to limit sin, and prescribe it a certain measure, is good.” First, this evasion will not help here; for this law bounded no man: he might put away whatever found not favour in his eyes. And how could it forbid to divorce, whom it could not forbid to dislike, or command to love? If these be the limits of law to restrain sin, who so lame a sinner, but may hop over them more easily than over those Romulean circumscriptions, not as Remus did with hard success, but with all indemnity? Such a limiting as this were not worth the mischief that accompanies it. This law therefore, not bounding the supposed sin, by permitting enlarges it, gives it enfranchisement. And never greater confusion, than when law and sin move their landmarks, mix their territories, and correspond, have intercourse and traffic together. When law contracts a kindred and hospitality with transgression, becomes the godfather of sin, and names it lawful; when sin revels and gossips within the arsenal of law, plays and dandles the artillery of justice that should be bent against her, this is a fair limitation indeed. Besides, it is an absurdity to say that law can measure sin, or moderate sin; Edition: current; Page: [325] sin is not in a predicament to be measured and modified, but is always an excess. The least sin that is exceeds the measure of the largest law that can be good; and is, as boundless as that vacuity beyond the world. If once it square to the measure of law, it ceases to be an excess, and consequently ceases to be a sin; or else law conforming itself to the obliquity of sin, betrays itself to be not straight, but crooked, and so immediately no law. And the improper conceit of moderating sin by law will appear, if we can imagine any lawgiver so senseless as to decree, that so far a man may steal, and thus far be drunk, that moderately he may cozen, and moderately commit adultery. To the same extent it would be as pithily absurd to publish, that a man may moderately divorce, if to do that be entirely naught. But to end this moot; the law of Moses is manifest to fix no limit therein at all, or such at least as impeaches the fraudulent abuser no more than if it were not set; only requires the dismissive writing without other caution, leaves that to the inner man, and the bar of conscience. But it stopped other sins. This is as vain as the rest, and dangerously uncertain: the contrary to be feared rather, that one sin, admitted courteously by law, opened the gate to another. However, evil must not be done for good. And it were a fall to be lamented, and indignity unspeakable, if law should become tributary to sin her slave, and forced to yield up into his hands her awful minister, punishment; should buy out our peace with sin for sin, paying as it were her so many Philistian foreskins to the proud demand of transgression. But suppose it any way possible to limit sin, to put a girdle about that chaos, suppose it also good; yet if to permit sin by law be an abomination in the eyes of God, as Cameron acknowledges, the evil of permitting will eat out the good of limiting. For though sin be not limited, there can but evil come out of evil; but if it be permitted and decreed lawful by divine law, of force then sin must proceed from the infinite good, which is a dreadful thought. But if the restraining of sin by this permission being good, as this author testifies, be more good than the permission of more sin by the restraint of divorce, and that God, weighing both these like two ingots, in the perfect scales of his justice and providence, found them so, and others, coming without authority from God, shall change this counterpoise, and judge it better to let sin multiply by setting a judicial restraint upon divorce which Christ never set; then to limit sin by this permission, as God himself thought best to permit it, it will behove them to consult betimes whether these their balances be not false and abominable; and this their limiting that which God loosened, and their loosening the sins that he limited, which they confess was good to do: and were it possible to do by law, doubtless it would be most morally good; and they so believing, as we hear they do, and yet abolishing a law so good and moral, the limiter of sin, what are they else but contrary to themselves? For they can never bring us to that time wherein it will not be good to limit sin, and they can never limit it better than so as God prescribed in his law.

Others conceive it a more defensible retirement to say, this permission to divorce sinfully for hardness of heart was a dispensation. But surely they either know not, or attended not to what a dispensation means. A dispensation is for no long time, is particular to some persons, rather than general to a whole people; always hath charity the end, is granted to necessities and infirmities, not to obstinate lust. This permission is another creature, hath all those evils and absurdities following the name of a dispensation, as when it was named a law; and is the very antarctic pole against charity, nothing more adverse, ensnaring and ruining those that trust in it, or use it; so lewd and criminous as never durst enter into the head of any politician, Edition: current; Page: [326] Jew, or proselyte, till they became the apt scholars of this canonistic exposition. Aught in it, that can allude in the least manner to charity, or goodness, belongs with more full right to the Christian under grace and liberty, than to the Jew under law and bondage. To Jewish ignorance it could not be dispensed, without a horrid imputation laid upon the law, to dispense foully, instead of teaching fairly; like that dispensation that first polluted Christendom with idolatry, permitting to laymen images instead of books and preaching. Sloth or malice in the law would they have this called? But what ignorance can be pretended for the Jews, who had all the same precepts about marriage, that we know? for Christ refers all to the institution. It was as reasonable for them to know then as for us now, and concerned them alike; for wherein hath the gospel altered the nature of matrimony? All these considerations, or many of them, have been further amplified in “the Doctrine of Divorce.” And what Rivetus and Paræus have objected, or given over as past cure, hath been there discussed. Whereby it may be plain enough to men of eyes, that the vulgar exposition of a permittance by law to an entire sin, whatever the colour may be, is an opinion both ungodly, unpolitic, unvirtuous, and void of all honesty and civil sense. It appertains therefore to every zealous Christian, both for the honour of God’s law, and the vindication of our Saviour’s words, that such an irreligious depravement no longer may be soothed and flattered through custom, but with all diligence and speed solidly refuted, and in the room a better explanation given; which is now our next endeavour.

“Moses suffered you to put away,” &c.] Not commanded you, says the common observer, and therefore cared not how soon it were abolished, being but suffered; herein declaring his annotation to be slight, and nothing law-prudent. For in this place “commanded” and “suffered” are interchangeably used in the same sense both by our Saviour and the Pharisees. Our Saviour, who here saith, “Moses suffered you,” in the 10th of Mark saith, “Moses wrote you this command.” And the Pharisees, who here say, “Moses commanded,” and would mainly have it a command, in that place of Mark say, “Moses suffered,” which had made against them in their own mouths, if the word of “suffering” had weakened the command. So that suffered and commanded is here taken for the same thing on both sides of the controversy: as Cameron also and others on this place acknowledge. And lawyers know that all the precepts of law are divided into obligatory and permissive, containing either what we must do, or what we may do; and of this latter sort are as many precepts as of the former, and all as lawful. Tutelage, an ordainment than which nothing more just, being for the defence of orphans, the Institutes of Justinian say “is given and permitted by the civil law:” and “to parents it is permitted to choose and appoint by will the guardians of their children.” What more equal? and yet the civil law calls this “permission.” So likewise to “manumise,” to adopt, to make a will, and to be made an heir, is called “permission” by law. Marriage itself, and this which is already granted, to divorce for adultery, obliges no man, is but a permission by law, is but suffered. By this we may see how weakly it hath been thought, that all divorce is utterly unlawful, because the law is said to suffer it: whenas to “suffer” is but the legal phrase denoting what by law a man may do or not do.

“Because of the hardness of your hearts.”] Hence they argue that therefore it must be abolished. But the contrary to this will sooner follow, that because he suffered it for a cause, therefore in relation to that cause he allowed it. Next, if he in his wisdom, and in the midst of his severity, allowed it for hardness of heart, it can be nothing better than arrogance Edition: current; Page: [327] and presumption to take stricter courses against hardness of heart, than God ever set an example; and that under the gospel, which warrants them to do no judicial act of compulsion in this matter, much less to be more severe against hardness of extremity, than God thought good to be against hardness of heart. He suffered it, rather than worse inconveniences; these men wiser, as they make themselves, will suffer the worst and heinousest inconveniences to follow, rather than they will suffer what God suffered. Although they can know when they please, that Christ spake only to the conscience, did not judge on the civil bench, but always disavowed it. What can be more contrary to the ways of God, than these their doings? If they be such enemies to hardness of heart, although this groundless rigour proclaims it to be in themselves, they may yet learn, or consider, that hardness of heart hath a twofold acceptation in the gospel. One, when it is in a good man taken for infirmity and imperfection, which was in all the apostles, whose weakness only, not utter want of belief, is called hardness of heart, Mark xvi. Partly for this hardness of heart, the imperfection and decay of man from original righteousness, it was that God suffered not divorce only, but all that which by civilians is termed the “secondary law of nature and of nations.” He suffered his own people to waste and spoil and slay by war, to lead captives, to be some masters, some servants, some to be princes, others to be subjects; he suffered propriety to divide all things by several possession, trade, and commerce, not without usury; in his commonwealth some to be undeservedly rich, others to be undeservingly poor. All which till hardness of heart came in was most unjust; whenas prime nature made us all equal, made us equal coheirs by common right and dominion over all creatures. In the same manner and for the same cause, he suffered divorce as well as marriage, our imperfect and degenerate condition of necessity requiring this law among the rest, as a remedy against intolerable wrong and servitude above the patience of man to bear. Nor was it given only because our infirmity, or if it must be so called, hardness of heart could not endure all things; but because the hardness of another’s heart might not inflict all things upon an innocent person, whom far other ends brought into a league of love, and not of bondage and indignity. If therefore we abolish divorce as only suffered for hardness of heart, we may as well abolish the whole law of nations, as only suffered for the same cause; it being shown us by St. Paul, 1 Cor. vi. that the very seeking of a man’s right by law, and at the hands of a worldly magistrate, is not without the hardness of our hearts. “For why do ye not rather take wrong,” saith he, “why suffer ye not rather yourselves to be defrauded?” If nothing now must be suffered for hardness of heart, I say the very prosecution of our right by way of civil justice can no more be suffered among Christians, for the hardness of heart wherewith most men pursue it. And that would next remove all our judicial laws, and this restraint of divorce also in the number; which would more than half end the controversy. But if it be plain, that the whole juridical law and civil power is only suffered under the gospel, for the hardness of our hearts, then wherefore should not that which Moses suffered, be suffered still by the same reason?

In a second signification, hardness of heart is taken for a stubborn resolution to do evil. And that God ever makes any law purposely to such. I deny; for he vouchsafes to enter covenant with them, but as they fortune to be mixed with good men, and pass undiscovered; much less that he should decree an unlawful thing only to serve their licentiousness. But that God “suffers” this reprobate hardness of heart I affirm, not only in this law of divorce, but throughout all his best and purest commandments. He Edition: current; Page: [328] commands all to worship in singleness of heart according to all his ordinances; and yet suffers the wicked man to perform all the rites of religion hypocritically, and in the hardness of his heart. He gives us general statutes and privileges in all civil matters, just and good of themselves, yet suffers unworthiest men to use them, and by them to prosecute their own right, or any colour of right, though for the most part maliciously, covetously, rigorously, revengefully. He allowed by law the discreet father and husband to forbid, if he thought fit, the religious vows of his wife or daughter, Numb. xxx.; and in the same law suffered the hardheartedness of impious and covetuous fathers or husbands abusing this law, to forbid their wives or daughters in their offerings and devotions of greatest zeal. If then God suffer hardness of heart equally in the best laws, as in this of divorce, there can be no reason that for this cause this law should be abolished. But other laws, they object, may be well used, this never. How often shall I answer, both from the institution of marriage, and from other general rules in Scripture, that this law of divorce hath many wise and charitable ends besides the being suffered for hardness of heart, which is indeed no end, but an accident happening through the whole law; which gives to good men right, and to bad men, who abuse right under false pretences, gives only sufferance. Now although Christ express no other reasons here, but only what was suffered, it nothing follows that this law had no other reason to be permitted but for hardness of heart. The Scripture seldom or never in one place sets down all the reasons of what it grants or commands, especially when it talks to enemies and tempters. St. Paul permitting marriage, 1 Cor. vii. seems to permit even that also for hardness of heart only, lest we should run into fornication: yet no intelligent man thence concludes marriage allowed in the gospel only to avoid an evil, because no other end is there expressed. Thus Moses of necessity suffered many to put away their wives for hardness of heart; but enacted the law of divorce doubtless for other good causes, not for this only sufferance. He permitted not divorce by law as an evil, for that was impossible to divine law, but permitted by accident the evil of them who divorced against the law’s intention undiscoverably. This also may be thought not improbably, that Christ, stirred up in his spirit against these tempting Pharisees, answered them in a certain form of indignation usual among good authors; whereby the question or the truth is not directly answered, but something which is fitter for them who ask, to hear. So in the ecclesiastical stories, one demanding how God employed himself before the world was made? had answer, that he was making hell for curious questioners. Another (and Libanus the sophist, as I remember) asking in derision some Christian, What the carpenter, meaning our Saviour, was doing, now that Julian so prevailed? had it returned him, that the carpenter was making a coffin for the apostate. So Christ being demanded maliciously why Moses made the law of divorce, answers them in a vehement scheme, not telling them the cause why he made it, but what was fittest to be told them, that “for the hardness of their hearts” he suffered them to abuse it. And albeit Mark say not “he suffered” you, but, “to you he wrote this precept;” Mark may be warrantably expounded by Matthew the larger. And whether he suffered, or gave precept, being all one as was heard, it changes not the trope of indignation, fittest account for such askers. Next, for the hardness of “your hearts, to you he wrote this precept,” infers not therefore for this cause only he wrote it, as was paralleled by other Scriptures. Lastly, it may be worth the observing, that Christ, speaking to the Pharisees, does not say in general that for hardness of heart he gave this precept, but “you he suffered, and to you he Edition: current; Page: [329] gave this precept, for your hardness of heart.” It cannot be easily thought, that Christ here included all the children of Israel under the person of these tempting Pharisees, but that he conceals wherefore he gave the better sort of them this law, and expresses by saying emphatically “To you” how he gave it to the worser, such as the Pharisees best represented, that is to say, for the hardness of your hearts: as indeed to wicked men and hardened hearts he gives the whole law and the gospel also, to harden them the more. Thus many ways it may orthodoxly be understood how God or Moses suffered such as the demanders were, to divorce for hardness of heart. Whereas the vulgar expositor, beset with contradictions and absurdities round, and resolving at any peril to make an exposition of it, (as there is nothing more violent and boisterous than a reverend ignorance in fear to be convicted,) rushes brutely and impetuously against all the principles both of nature, piety, and moral goodness; and in the fury of his literal expounding overturns them all.

“But from the beginning it was not so.”] Not how from the beginning? Do they suppose that men might not divorce at all, not necessarily, not deliberately, except for adultery, but that some law, like canon law, presently attached them, both before and after the flood, till stricter Moses came, and with law brought license into the world? that were a fancy indeed to smile at. Undoubtedly as to point of judicial law, divorce was more permissive from the beginning before Moses than under Moses. But from the beginning, that is to say, by the institution in Paradise, it was not intended that matrimony should dissolve for every trivial cause, as you Pharisees accustom. But that it was not thus suffered from the beginning ever since the race of men corrupted, and laws were made, he who will affirm must have found out other antiquities than are yet known. Besides, we must consider now, what can be so as from the beginning, not only what should be so. In the beginning, had men continued perfect, it had been just that all things should have remained as they began to Adam and Eve. But after that the sons of men grew violent and injurious, it altered the lore of justice, and put the government of things into a new frame. While man and woman were both perfect each to other, there needed no divorce; but when they both degenerated to imperfection, and ofttimes grew to be an intolerable evil each to other, then law more justly did permit the alienating of that evil which estate made proper, than it did the appropriating of that good which nature at first made common. For if the absence of outward good be not so bad as the presence of a close evil, and that propriety, whether by covenant or possession, be but the attainment of some outward good, it is more natural and righteous that the law should sever us from an intimate evil, than appropriate any outward good to us from the community of nature. The gospel indeed tending ever to that which is perfectest, aimed at the restorement of all things as they were in the beginning; and therefore all things were in common to those primitive Christians in the Acts, which Ananias and Sapphira dearly felt. That custom also continued more or less till the time of Justin Martyr, as may be read in his second Apology, which might be writ after that act of communion perhaps some forty years above a hundred. But who will be the man that shall introduce this kind of commonwealth, as Christianity now goes? If then marriage must be as in the beginning, the persons that marry must be such as then were; the institution must make good, in some tolerable sort, what it promises to either party. If not, it is but madness to drag this one ordinance back to the beginning, and draw down all other to the present necessity and condition, far from the beginning, even to the Edition: current; Page: [330] tolerating of extortions and oppressions. Christ only told us, that from the beginning it was not so; that is to say, not so as the Pharisees manured the business; did not command us that it should be forcibly so again in all points, as at the beginning; or so at least in our intentions and desires, but so in execution, as reason and present nature can bear. Although we are not to seek, that the institution itself from the first beginning was never but conditional, as all covenants are: because thus and thus, therefore so and so; if not thus, then not so. Then moreover was perfectest to fulfil each law in itself; now is perfectest in this estate of things, to ask of charity how much law may be fulfilled: else the fulfilling ofttimes is the greatest breaking. If any therefore demand, which is now most perfection, to ease an extremity by divorce, or to enrage and fester it by the grievous observance of a miserable wedlock, I am not destitute to say, which is most perfection (although some, who believe they think favourably of divorce, esteem it only venial to infirmity). Him I hold more in the way to perfection, who foregoes an unfit, ungodly, and discordant wedlock, to live according to peace and love, and God’s institution in a fitter choice, than he who debars himself the happy experience of all godly, which is peaceful, conversation in his family, to live a contentious and unchristian life not to be avoided, in temptations not to be lived in, only for the false keeping of a most unreal nullity, a marriage that hath no affinity with God’s intention, a daring phantasm, a mere toy of terror awing weak senses, to the lamentable superstition of ruining themselves; the remedy whereof God in his law vouchsafes us. Which not to dare use, he warranting, is not our perfection, is our infirmity, our little faith, our timorous and low conceit of charity: and in them who force us, it is their masking pride and vanity, to seem holier and more circumspect than God. So far is it that we need impute to him infirmity, who thus divorces: since the rule of perfection is not so much that which was done in the beginning, as that which is now nearest to the rule of charity. This is the greatest, the perfectest, the highest commandment.

Ver. 9. “And I say unto you, whoso shall put away his wife, except it be for fornication, and shall marry another, committeth adultery: and whoso marrieth her which is put away, doth commit adultery.”

“And I say unto you.”] That this restrictive denouncement of Christ contradicts and refutes that permissive precept of Moses common expositors themselves disclaim: and that it does not traverse from the closet of conscience to the courts of civil or canon law, with any Christian rightly commenced, requires not long evincing. If Christ then did not here check permissive Moses, nor did reduce matrimony to the beginning more than all other things, as the reason of man’s condition could bear; we would know precisely what it was which he did, and what the end was of his declaring thus austerely against divorce. For this is a confessed oracle in law, that he who looks not at the intention of a precept, the more superstitious he is of the letter, the more he misinterprets. Was it to shame Moses? that had been monstrous: or all those purest ages of Israel, to whom the permission was granted? that were as incredible. Or was it that he who came to abrogate the burden of law, not the equity, should put this yoke upon a blameless person, to league himself in chains with a begirting mischief, not to separate till death? He who taught us, that no man puts a piece of new cloth upon an old garment or new wine into old bottles, that he should sew this patch of strictness upon the old apparel of our frailty, to make a rent more incurable, whenas in all other amendments Edition: current; Page: [331] his doctrine still charges, that regard be had to the garment, and to the vessel, what it can endure; this were an irregular and single piece of rigour, not only sounding disproportion to the whole gospel, but outstretching the most rigorous nerves of law and rigour itself. No other end therefore can be left imaginable of this excessive restraint, but to bridle those erroneous and licentious postillers the Pharisees; not by telling them what may be done in necessity, but what censure they deserve who divorce abusively, which their tetrarch had done. And as the offence was in one extreme, so the rebuke, to bring more efficaciously to a rectitude and mediocrity, stands not in the middle way of duty, but in the other extreme. Which art of powerful reclaiming, wisest men have also taught in their ethical precepts and Gnomologies, resembling it, as when we bend a crooked wand the contrary way; not that it should stand so bent, but that the overbending might reduce it to a straightness by its own reluctance. And as the physician cures him who hath taken down poison, not by the middling temper of nourishment, but by the other extreme of antidote; so Christ administers here a sharp and corrosive sentence against a foul and putrid license; not to eat into the flesh, but into the sore. And knowing that our divines through all their comments make no scruple, where they please, to soften the high and vehement speeches of our Saviour, which they call hyperboles: why in this one text should they be such crabbed Masorites of the letter, as not to mollify a transcendence of literal rigidity, which they confess to find often elsewhere in his manner of delivery, but must make their exposition here such an obdurate Cyclops, to have but one eye for this text, and that only open to cruelty and enthralment, such as no divine or human law before ever heard of? No, let the foppish canonist, with his fardel of matrimonial cases, go and be vendible where men be so unhappy as to cheapen him: the words of Christ shall be asserted from such elemental notaries, and resolved by the now only lawgiving mouth of charity; which may be done undoubtedly by understanding them as follows.

“Whosoever shall put away his wife.”] That is to say, shall so put away as the propounders of this question, the Pharisees, were wont to do, and covertly defended Herod for so doing; whom to rebuke, our Saviour here mainly intends, and not to determine all the cases of divorce, as appears by St. Paul. Whosoever shall put away, either violently without mutual consent for urgent reasons, or conspiringly by plot of lust, or cunning malice, shall put away for any sudden mood, or contingency of disagreement, which is not daily practice, but may blow soon over, and be reconciled, except it be fornication; whosoever shall put away rashly, as his choler prompts him, without due time of deliberating, and think his conscience discharged only by the bill of divorce given, and the outward law satisfied; whosoever, lastly, shall put away his wife, that is, a wife indeed, and not in name only, such a one who both can and is willing to be a meet help toward the chief ends of marriage both civil and sanctified, except fornication be the cause, that man, or that pair, commit adultery. Not he who puts away by mutual consent, with all the considerations and respects of humanity and gentleness, without malicious or lustful drift. Not he who after sober and cool experience, and long debate within himself, puts away, whom though he cannot love or suffer as a wife with that sincere affection that marriage requires, yet loves at least with that civility and goodness, as not to keep her under a neglected and unwelcome residence, where nothing can be hearty, and not being, it must needs be both unjoyous and injurious to any perceiving person so detained, and more injurious than to be freely and upon good terms dismissed. Nor doth he Edition: current; Page: [332] put away adulterously who complains of causes rooted in immutable nature, utter unfitness, utter disconformity, not conciliable, because not to be amended without a miracle. Nor he who puts away an unquenchable vexation from his bosom, and flies an evil, than which a greater cannot befall human society. Nor he who puts away with the full suffrage and applause of his conscience, not relying on the written bill of law, but claiming by faith and fulness of persuasion the rights and promises of God’s institution, of which he finds himself in a mistaken wedlock defrauded. Doubtless this man hath bail enough to be no adulterer, giving divorce for these causes.

“His wife.”] This word is not to be idle here, a mere word without sense, much less a fallacious word signifying contrary to what it pretends; but faithfully signifies a wife; that is, a comfortable help and society, as God instituted; does not signify deceitfully under this name an intolerable adversary, not a helpless, unaffectionate, and sullen mass, whose very company represents the visible and exactest figure of loneliness itself. Such an associate he who puts away, divorces not a wife, but disjoins a nullity which God never joined, if she be neither willing, nor to her proper and requisite duties sufficient, as the words of God institute her. And this also is Bucer’s explication of this place.

“Except it be for fornication,” or “saving for the cause of fornication,” as Matt. v.] This declares what kind of causes our Saviour meant; fornication being no natural and perpetual cause, but only accidental and temporary; therefore shows that head of causes from whence it is excepted, to be meant of the same sort. For exceptions are not logically deduced from a diverse kind, as to say whoso puts away for any natural cause except fornication, the exception would want salt. And if they understand it, whoso for any cause whatever, they cast themselves; granting divorce for frigidity, a natural cause of their own allowing, though not here expressed, and for desertion without infidelity, whenas he who marries, as they allow him for desertion, deserts as well as is deserted, and finally puts away for another cause besides adultery. It will with all due reason therefore be thus better understood, whoso puts away for any accidental and temporary causes, except one of them, which is fornication. Thus this exception finds out the causes from whence it is excepted, to be of the same kind, that is, casual, not continual.

“Saving for the cause of fornication.”] The New Testament, though it be said originally writ in Greek, yet hath nothing near so many Atticisms as Hebraisms, and Syriacisms, which was the majesty of God, not filing the tongue of Scripture to a Gentilish idiom, but in a princely manner offering to them as to Gentiles and foreigners grace and mercy, though not in foreign words, yet in a foreign style that might induce them to the fountains; and though their calling were high and happy, yet still to acknowledge God’s ancient people their betters, and that language the metropolitan language. He therefore who thinks to scholiaze upon the gospel, though Greek, according to his Greek analogies, and hath not been auditor to the oriental dialects, shall want in the heat of his analysis no accommodation to stumble. In this place, as the 5th of Matth. reads it, “Saving for the cause of fornication,” the Greek, such as it is, sounds it, except for the “word, report, speech, or proportion” of fornication. In which regard, with other inducements, many ancient and learned writers have understood this exception, as comprehending any fault equivalent and proportional to fornication But truth is, the evangelist here Hebraizes, taking “word or speech for cause or matter” in the common eastern phrase, meaning perhaps Edition: current; Page: [333] no more than if he had said for fornication, as in this 19th chapter. And yet the word is found in the 5th of Exodus also signifying proportion; where the Israelites are commanded to do their tasks, “the matter of each day in his day.” A task we know is a proportion of work, not doing the same thing absolutely every day, but so much. Whereby it may be doubtful yet, whether here be not excepted not only fornication itself, but other causes equipollent, and proportional to fornication. Which very word also to understand rightly, we must of necessity have recourse again to the Hebrew. For in the Greek and Latin sense by fornication is meant the common prostitution of body for sale. So that they who are so exact for the letter shall be dealt with by the Lexicon, and the Etymologicon too if they please, and must be bound to forbid divorce for adultery also, until it come to open whoredom and trade, like that for which Claudius divorced Messalina. Since therefore they take not here the word fornication in the common significance, for an open exercise in the stews, but grant divorce for one single act of privatest adultery, notwithstanding that the word speaks a public and notorious frequency of fact, not without price; we may reason with as good leave, and as little straining to the text, that our Saviour on set purpose chose this word fornication, improperly applied to the lapse of adultery, that we might not think ourselves bound from all divorce, except when that fault hath been actually committed. For the language of Scripture signifies by fornication (and others besides St. Austin so expounded it) not only the trespass of body, nor perhaps that between married persons, unless in a degree or quality as shameless as the bordello; but signifies also any notable disobedience, or intractable carriage of the wife to the husband, as Judg. xix. 2, whereof at large in “the Doctrine of Divorce,” l. 2, c. 18. Secondly, signifies the apparent alienation of mind not to idolatry, (which may seem to answer the act of adultery,) but far on this side, to any point of will-worship, though to the true God; sometimes it notes the love of earthly things, or worldly pleasures, though in a right believer, sometimes the least suspicion of unwitting idolatry. As Numb. xv. 39, wilful disobedience to any of the least of God’s commandments is called fornication: Psal. lxxiii. 26, 27, a distrust only in God, and withdrawing from that nearness of zeal and confidence which ought to be, is called fornication. We may be sure it could not import thus much less than idolatry in the borrowed metaphor between God and man, unless it signified as much less than adultery in the ordinary acceptation between man and wife. Add also, that there was no need our Saviour should grant divorce for adultery, it being death by law, and law then in force. Which was the cause why Joseph sought to put away his betrothed wife privately, lest he should make her an example of capital punishment, as learnedest expounders affirm, Herod being a great zealot of the Mosaic law, and the Pharisees great masters of the text, as the woman taken in adultery doubtless had cause to fear. Or if they can prove it was neglected, which they cannot do, why did our Saviour shape his answer to the corruption of that age, and not rather tell them of their neglect? If they say he came not to meddle with their judicatures, much less then was it in his thought to make them new ones, or that divorce should be judicially restrained in a stricter manner by these his words, more than adultery judicially acquitted by those his words to the adulteress. His sentence doth no more by law forbid divorce here, than by law it doth absolve adultery there. To them therefore, who have drawn this yoke upon Christians from his words thus wrested, nothing remains but the guilt of a presumption and perverseness, which will be hard for them to answer. Thus much that the word fornication Edition: current; Page: [334] is to be understood as the language of Christ understands it for a constant alienation and disaffection of mind, or for the continual practice of disobedience and crossness from the duties of love and peace; that is, in sum, when to be a tolerable wife is either naturally not in their power, or obstinately not in their will: and this opinion also is St. Austin’s, lest it should hap to be suspected of novelty. Yet grant the thing here meant were only adultery, the reason of things will afford more to our assertion, than did the reason of words. For why is divorce unlawful but only for adultery? because, say they, that crime only breaks the matrimony. But this, I reply, the institution itself gainsays: for that which is most contrary to the words and meaning of the institution, that most breaks the matrimony; but a perpetual unmeetness and unwillingness to all the duties of help, of love, and tranquillity, is most contrary to the words and meaning of the institution; that therefore much more breaks matrimony than the act of adultery, though repeated. For this, as it is not felt, nor troubles him who perceives it not, so being perceived, may be soon repented, soon amended: soon, if it can be pardoned, may be redeemed with the more ardent love and duty in her who hath the pardon. But this natural unmeetness both cannot be unknown long, and ever after cannot be amended, if it be natural, and will not, if it be far gone obstinate. So that wanting aught in the instant to be as great a breach as adultery, it gains it in the perpetuity to be greater. Next, adultery does not exclude her other fitness, her other pleasingness; she may be otherwise both loving and prevalent, as many adultresses be; but in this general unfitness or alienation she can be nothing to him that can please. In adultery nothing is given from the husband, which he misses, or enjoys the less, as it may be subtly given; but this unfitness defrauds him of the whole contentment which is sought in wedlock. And what benefit to him, though nothing be given by the stealth of adultery to another, if that which there is to give, whether it be solace, or society, be not such as may justly content him? and so not only deprives him of what it should give him, but gives him sorrow and affliction, which it did not owe him. Besides, is adultery the greatest breach of matrimony in respect of the offence to God, or of the injury to man? If in the former, then other sins may offend God more, and sooner cause him to disunite his servant from being one flesh with such an offender. If in respect of the latter, other injuries are demonstrated therein more heavy to man’s nature than the iterated act of adultery. God therefore, in his wisdom, would not so dispose his remedies, as to provide them for the less injuries, and not allow them for the greater. Thus is won both from the word fornication, and the reason of adultery, that the exception of divorce is not limited to that act, but enlarged to the causes above specified.

“And whoso marrieth her which is put away, doth commit adultery.”] By this clause alone, if by nothing else, we may assure us that Christ intended not to deliver here the whole doctrine of divorce, but only to condemn abuses. Otherwise to marry after desertion, which the apostle, and the reformed churches at this day, permit, is here forbid, as adultery. Be she never so wrongfully deserted, or put away, as the law then suffered, if thus forsaken and expulsed, she accept the refuge and protection of any honester man who would love her better, and give herself in marriage to him; by what the letter guides us, it shall be present adultery to them both. This is either harsh and cruel, or all the churches, teaching as they do to the contrary, are loose and remiss; besides that the apostle himself stands deeply fined in a contradiction against our Saviour. What shall we make of this? what rather the common interpreter can make of it, for they be Edition: current; Page: [335] his own markets, let him now try; let him try which way he can wind in his Vertumnian distinctions and evasions, if his canonical gabardine of text and letter do not now sit too close about him, and pinch his activity: which if I err not, hath here hampered itself in a spring fit for those who put their confidence in alphabets. Spanheim, a writer of “Evangelic Doubts,” comes now and confesses, that our Saviour’s words are “to be limited beyond the limitation there expressed, and excepted beyond their own exception,” as not speaking of what happened rarely, but what most commonly. Is it so rare, Spanheim, to be deserted? or was it then so rare to put away injuriously, that a person so hatefully expelled, should to the heaping of more injury be turned like an infectious thing out of all marriage fruition upon pain of adultery, as not considerable to the brevity of this half sentence? Of what then speaks our Saviour? “of that collusion,” saith he, “which was then most frequent among the Jews, of changing wives and husbands through inconstancy and unchaste desires.” Colluders yourselves, as violent to this law of God by your unmerciful binding, as the Pharisees by their unbounded loosening! Have thousands of Christian souls perished as to this life, and God knows what hath betided their consciences, for want of this healing explanation; and is it now at last obscurely drawn forth, only to cure a scratch, and leave the the main wound spouting? “Whosoever putteth away his wife, except for fornication, committeth adultery.” That shall be spoke of all ages, and all men, though never so justly otherwise moved to divorce: in the very next breath, “And whoso marrieth her which is put away committeth adultery:” the men are new and miraculous, they tell you now, “you are to limit it to that age when it was in fashion to chop matrimonies; and must be meant of him who puts away with his wife’s consent through the lightness and lewdness of them both.” But by what rule of logic, or indeed of reason, is our commission to understand the antecedent one way and the consequent another? for in that habitude this whole verse may be considered: or at least to take the parts of a copulate axiom, both absolutely affirmative, and to say, the first is absolutely true, the other not, but must be limited to a certain time and custom; which is no less than to say they are both false? For in this compound axiom, be the parts never so many, if one of them do but falter, and be not equally absolute and general, the rest are all false. If therefore, that “he who marries her which is put away commits adultery,” be not generally true, neither is it generally true, that “he commits adultery who puts away for other cause than fornication.” And if the marrying her which is put away must be understood limited, which they cannot but yield it must, with the same limitation must be understood the putting away. Thus doth the common exposition confound itself and justify this which is here brought; that our Saviour, as well in the first part of this sentence as in the second, prohibited only such divorces as the Jews then made through malice or through plotted license, not those which are for necessary and just causes; where charity and wisdom disjoins, that which not God, but error and disaster, joined.

And there is yet to this our exposition, a stronger siding friend, than any can be an adversary, unless St. Paul be doubted, who repeating a command concerning divorce, 1 Cor. vii. which is agreed by writers to be the same with this of our Saviour, and appointing that the “wife remain unmarried, or be reconciled to her husband,” leaves it infallible, that our Saviour spake chiefly against putting away for casual and choleric disagreements, or any other cause which may with human patience and wisdom be reconciled; not hereby meaning to haul and dash together the irreconcileable aversations Edition: current; Page: [336] of nature, nor to tie up a faultless person like a parricide, as it were into one sack with an enemy, to be his causeless tormentor and executioner the length of a long life. Lastly, let this sentence of Christ be understood how it will, yet that it was never intended for a judicial law, to be enforced by the magistrate, besides that the office of our Saviour had no such purpose in the gospel, this latter part of the sentence may assure us, “And whoso marrieth her which is put away, commits adultery.” Shall the exception for adultery belong to this clause or not? If not, it would be strange, that he who marrries a woman really divorced for adultery, as Christ permitted, should become an adulterer by marrying one who is now no other man’s wife, himself being also free, who might by this means reclaim her from common whoredom. And if the exception must belong hither, then it follows that he who marries an adulteress divorced commits no adultery; which would soon discover to us what an absurd and senseless piece of injustice this would be, to make a civil statute of in penal courts; whereby the adulteress put away may marry another safely; and without a crime to him that marries her; but the innocent and wrongfully divorced shall not marry again without the guilt of adultery both to herself and to her second husband. This saying of Christ therefore cannot be made a temporal law, were it but for this reason. Nor is it easy to say what coherence there is at all in it from the letter, to any perfect sense not obnoxious to some absurdity, and seems much less agreeable to whatever else of the gospel is left us written: doubtless by our Saviour spoken in that fierceness and abstruse intricacy, first to amuse his tempters, and admonish in general the abusers of that Mosaic law; next, to let Herod know a second knower of his unlawful act, though the Baptist were beheaded; last, that his disciples and all good men might learn to expound him in this place, as in all other his precepts, not by the written letter, but by that unerring paraphrase of Christian love and charity, which is the sum of all commands, and the perfection.

Ver. 10. “His disciples say unto him, If the case of the man be so with his wife, it is not good to marry.”

This verse I add, to leave no objection behind unanswered: for some may think, if this our Saviour’s sentence be so fair, as not commanding aught that patience or nature cannot brook, why then did the disciples murmur and say, “it is not good to marry?” I answer, that the disciples had been longer bred up under the pharisean doctrine, than under that of Christ, and so no marvel though they yet retained the infection of loving old licentious customs; no marvel though they thought it hard they might not for any offence, that thoroughly angered them, divorce a wife, as well as put away a servant, since it was but giving her a bill, as they were taught. Secondly it was no unwonted thing with them not to understand our Saviour in matters far easier. So that be it granted their conceit of this text was the same which is now commonly conceived, according to the usual rate of their capacity then, it will not hurt a better interpretation. But why did not Christ, seeing their error, inform them? for good cause: it was his professed method not to teach them all things at all times, but each thing in due place and season. Christ said, Luke xxii. that “he who had no sword, should sell his garment and buy one:” the disciples took it in a manifest wrong sense, yet our Saviour did not there inform them better. He told them, “it was easier for a camel to go through a needle’s eye,” than a rich man in at heaven-gate. They were “amazed exceedingly:” he explained himself to mean of those “who trust in riches,” Mark x. Edition: current; Page: [337] “They were amazed then out of measure,” for so Mark relates it; as if his explaining had increased their amazement in such a plain case, and which concerned so nearly their calling to be informed in. Good reason therefore, if Christ at that time did not stand amplifying to the thick prejudice and tradition wherein they were, this question of more difficulty, and less concernment to any perhaps of them in particular. Yet did he not omit to sow within them the seeds of a sufficient determining, against the time that his promised Spirit should bring all things to their memory. He had declared in their hearing not long before, how distant he was from abolishing the law itself of divorce; he had referred them to the institution; and after all this, gives them a set answer, from which they might collect what was clear enough, that “all men cannot receive all sayings,” ver. 11. If such regard be had to each man’s receiving of marriage or single life, what can arise, that the same Christian regard should not be had in most necessary divorce? All which instructed both them and us, that it beseemed his disciples to learn the deciding of this question, which hath nothing new in it, first by the institution, then by the general grounds of religion, not by a particular saying here and there, tempered and levelled only to an incident occasion, the riddance of a tempting assault. For what can this be but weak and shallow apprehension, to forsake the standard principles of institution, faith, and charity; then to be blank and various at every occurrence in Scripture, and in a cold spasm of scruple, to rear peculiar doctrines upon the place, that shall bid the gray authority of most unchangeable and sovereign rules to stand by and be contradicted? Thus to this evangelic precept of famous difficulty, which for these many ages weakly understood, and violently put in practice, hath made a shambles rather than an ordinance of matrimony, I am firm a truer exposition cannot be given. If this or that argument here used please not every one, there is no scarcity of arguments, any half of them will suffice. Or should they all fail, as truth itself can fail as soon, I should content me with the institution alone to wage this controversy, and not distrust to evince. If any need it not, the happier; yet Christians ought to study earnestly what may be another’s need. But if, as mortal mischances are, some hap to need it, let them be sure they abuse not, and give God his thanks, who hath revived this remedy, not too late for them, and scowered off an inveterate misexposition from the gospel: a work not to perish by the vain breath or doom of this age. Our next industry shall be, under the same guidance, to try with what fidelity that remaining passage in the Epistles touching this matter hath been commented.

1 Corinthians vii. 10, &c.

10. “And unto the married I command,” &c.

11. “And let not the husband put away his wife.”

This intimates but what our Saviour taught before, that divorce is not rashly to be made, but reconcilement to be persuaded and endeavoured, as oft as the cause can have to do with reconcilement, and is not under the dominion of blameless nature; which may have reason to depart, though seldomest and last from charitable love, yet sometimes from friendly, and familiar, and something oftener from conjugal love, which requires not only moral, but natural causes to the making and maintaining; and may be warrantably excused to retire from the deception of what it justly seeks, and the ill requitals which unjustly it finds. For nature hath her zodiac also, keeps her great annual circuit over human things, as truly as the sun and Edition: current; Page: [338] planets in the firmament; hath her anomalies, hath her obliquities in ascensions and declinations, accesses and recesses, as blamelessly as they in heaven. And sitting in her planetary orb with two reins in each hand, one strait, the other loose, tempers the course of minds as well as bodies to several conjunctions and oppositions, friendly or unfriendly aspects, consenting oftest with reason, but never contrary. This in the effect no man of meanest reach but daily sees; and though to every one it appear not in the cause, yet to a clear capacity, well nurtured with good reading and observation, it cannot but be plain and visible. Other exposition therefore than hath been given to former places, that give light to these two summary verses, will not be needful; save only that these precepts are meant to those married who differ not in religion.

“But to the rest speak I, not the Lord: if any brother hath a wife that believeth not, and she be pleased to dwell with him, let him not put her away.”

Now follows what is to be done, if the persons wedded be of a different faith. The common belief is, that a Christian is here commanded not to divorce, if the infidel please to stay, though it be but to vex, or to deride, or to seduce the Christian. This doctrine will be the easy work of a refutation. The other opinion is, that a Christian is here conditionally permitted to hold wedlock with a misbeliever only, upon hopes limited by Christian prudence, which without much difficulty shall be defended. That this here spoken by Paul, not by the Lord, cannot be a command, these reasons avouch. First, the law of Moses, Exod. xxxiv. 16, Deut. vii. 3, 6, interpreted by Ezra and Nehemiah, two infallible authors, commands to divorce an infidel not for the fear only of a ceremonious defilement, but of an irreligious seducement, feared both in respect of the believer himself, and of his children in danger to be perverted by the misbelieving parent, Nehem. xiii. 24, 26. And Peter Martyr thought this a convincing reason. If therefore the legal pollution vanishing have abrogated the ceremony of this law, so that a Christian may be permitted to retain an infidel without uncleanness, yet the moral reason of divorcing stands to eternity, which neither apostle nor angel from heaven can countermand. All that they reply to this is their human warrant, that God will preserve us in our obedience to this command against the danger of seducement. And so undoubtedly he will, if we understand his commands aright; if we turn not this evangelic permission into a legal, and yet illegal, command; if we turn not hope into bondage, the charitable and free hope of gaining another into the forced and servile temptation of loosing ourselves: but more of this beneath. Thus these words of Paul by common doctrine made a command, are made a contradiction to the moral law.

Secondly, Not the law only, but the gospel from the law, and from itself, requires even in the same chapter, where divorce between them of one religion is so narrowly forbid, rather than our Christian love should come into danger of backsliding, to forsake all relations how near soever, and the wife expressly, with promise of a high reward, Matt. xix. And he who hates not father or mother, wife or children, hindering his Christian course, much more if they despise or assault it, cannot be a disciple, Luke xiv. How can the apostle then command us to love and continue in that matrimony, which our Saviour bids us hate and forsake? They can as soon teach our faculty of respiration to contract and to dilate itself at once, to breathe and to fetch breath in the same instant, as teach our minds how to do such contrary acts as these towards the same object, and as they must be done in the same moment. For either the hatred of her religion, and her hatred to Edition: current; Page: [339] our religion, will work powerfully against the love of her society, or the love of that will by degrees flatter out all our zealous hatred and forsaking, and soon ensnare us to unchristianly compliances.

Thirdly, In marriage there ought not only to be a civil love, but such a love as Christ loves his church; but where the religion is contrary without hope of conversion, there can be no love, no faith, no peaceful society, (they of the other opinion confess it,) nay there ought not to be, further than in expectation of gaining a soul; when that ceases, we know God hath put an enmity between the seed of the woman, and the seed of the serpent. Neither should we “love them that hate the Lord,” as the prophet told Jehoshaphat, 2 Chron. xix. And this apostle himself in another place warns us, that we “be not unequally yoked with infidels,” 2 Cor. vi., for that there can be no fellowship, no communion, no concord between such. Outward commerce and civil intercourse cannot perhaps be avoided; but true friendship and familiarity there can be none. How vainly therefore, not to say how impiously, would the most inward and dear alliance of marriage or continuance in marriage be commanded, where true friendship is confessed impossible! For, say they, we are forbid here to marry with an infidel, not bid to divorce. But to rob the words thus of their full sense, will not be allowed them: it is not said, enter not into yoke, but “be not unequally yoked;” which plainly forbids the thing in present act, as well as in purpose: and his manifest conclusion is, not only that “we should not touch,” but that having touched, “we should come out from among them, and be separate;” with the promise of a blessing thereupon, that “God will receive us, will be our father, and we his sons and daughters,” ver. 17, 18. Why we should stay with an infidel after the expense of all our hopes can be but for a civil relation; but why we should depart from a seducer, setting aside the misconstruction of this place, is from a religious necessity of departing. The worse cause therefore of staying (if it be any cause at all, for civil government forces it not) must not overtop the religious cause of separating, executed with such an urgent zeal, and such a prostrate humiliation, by Ezra and Nehemiah. What God hates to join, certainly he cannot love should continue joined; it being all one in matter of ill consequence, to marry, or to continue married with an infidel, save only so long as we wait willingly, and with a safe hope. St. Paul therefore citing here a command of the Lord Almighty, for so he terms it, that we should separate, cannot have bound us with that which he calls his own, whether command or counsel, that we should not separate.

Which is the fourth reason, for he himself takes care lest we should mistake him, “but to the rest speak I, not the Lord.” If the Lord spake not, then man spake it, and man hath no lordship to command the conscience: yet modern interpreters will have it a command, maugre St. Paul himself; they will make him a prophet like Caiaphas, to speak the word of the Lord, not thinking, nay denying to think: though he disavow to have received it from the Lord, his word shall not be taken; though an apostle, he shall be borne down in his own epistle, by a race of expositors who presume to know from whom he spake, better than he himself. Paul deposes, that the Lord speaks not this; they, that the Lord speaks it: can this be less than to brave him with a full-faced contradiction? Certainly to such a violence as this, for I cannot call it an expounding, what a man should answer I know not, unless that if it be their pleasure next to put a gag into the apostle’s mouth, they are already furnished with a commodious audacity toward the attempt. Beza would seem to shun the contradictory, by telling us that the Lord spake it not in person, as he did the former precept. But how many Edition: current; Page: [340] other doctrines doth St. Paul deliver, which the Lord spake not in person, and yet never uses this preamble but in things indifferent! So long as we receive him for a messenger of God, for him to stand sorting sentences, what the Lord spake in person, and what he, not the Lord in person, would be but a chill trifling, and his readers might catch an ague the while. But if we shall supply the grammatical ellipsis regularly, and as we must in the same tense, all will be then clear, for we cannot supply it thus, To the rest I speak, the Lord spake not; but I speak, the Lord speaks not.” If then the Lord neither spake in person, nor speaks it now, the apostle testifying both, it follows duly, that this can be no command. Forsooth the fear is, lest this, not being a command, would prove an evangelic counsel, and so make way for supererogations. As if the apostle could not speak his mind in things indifferent, as he doth in four or five several places of this chapter with the like preface of not commanding, but that the doubted inconvenience of supererogating must needs rush in. And how adds it to the word of the Lord, (for this also they object,) whenas the apostle by his Christian prudence guides us in the liberty which God hath left us to, without command? Could not the Spirit of God instruct us by him what was free, as well as what was not? But what need I more, when Cameron, an ingenuous writer, and in high esteem, solidly confutes the surmise of a command here, and among other words hath these; that “when Paul speaks as an apostle, he uses this form, ‘The Lord saith, not I,’ ver. 10; but as a private man he saith, ‘I speak, not the Lord.’” And thus also all the prime fathers, Austin, Jerom, and the rest, understood this place.

Fifthly, The very stating of the question declares this to be no command; “If any brother hath an unbelieving wife, and she be pleased to dwell with him, let him not put her away.” For the Greek word συνευδοϰεῖ does not imply only her being pleased to stay, but his being pleased to let her stay; it must be a consent of them both. Nor can the force of this word be rendered less, without either much negligence or iniquity of him that otherwise translates it. And thus the Greek church also, and their synods understood it, who best knew what their own language meant, as appears by Matthæus Monachus, an author set forth by Leunclavius, and of antiquity perhaps not inferior to Balsamon, who writes upon the canons of the apostles: this author in his chapter, “that marriage is not to be made with heretics,” thus recites the second canon of the 6th synod: “As to the Corinthians, Paul determines; If the believing wife choose to live with the unbelieving husband, or the believing husband with the unbelieving wife. Mark,” saith he, “how the apostle here condescends; if the believer please to dwell with the unbeliever; so that if he please not, out of doubt the marriage is dissolved. And I am persuaded it was so in the beginning, and thus preached.” And thereupon gives an example of one, who though not deserted, yet by the decree of Theodotus the patriarch divorced an unbelieving wife. What therefore depends in the plain state of this question on the consent and well liking of them both must not be a command. Lay next the latter end of the 11th verse to the 12th, (for wherefore else is logic taught us?) in a discreet axiom, as it can be no other by the phrase; “The Lord saith, Let not the husband put away his wife: but I say, Let him not put away a misbelieving wife.” This sounds as if by the judgment of Paul a man might put away any wife but the misbelieving; or else the parts are not discreet, or dissentany, for both conclude not putting away, and consequently in such a form the proposition is ridiculous. Of necessity therefore the former part of this sentence must be conceived, as understood, and silently granted, that although the Lord command to divorce an infidel, yet I, not the Lord Edition: current; Page: [341] command you. No, but give my judgment, that for some evangelic reasons a Christian may be permitted not to divorce her. Thus while we reduce the brevity of St. Paul to a plainer sense, by the needful supply of that which was granted between him and the Corinthians, the very logic of his speech extracts him confessing, that the Lord’s command lay in a seeming contrariety to this his counsel: and that he meant not to thrust out a command of the Lord by a new one of his own, as one nail drives another, but to release us from the rigour of it, by the right of the gospel, so far forth as a charitable cause leads us in the hope of winning another soul without the peril of losing our own. For this is the glory of the gospel, to teach us that “the end of the commandment is charity,” 1 Tim. i., not the drudging out a poor and worthless duty forced from us by the tax and tale of so many letters. This doctrine therefore can be no command, but it must contradict the moral law, the gospel, and the apostle himself, both elsewhere and here also even in the act of speaking.

If then it be no command, it must remain to be a permission, and that not absolute, for so it would be still contrary to the law, but with such a caution as breaks not the law, but as the manner of the gospel is, fulfils it through charity. The law had two reasons, the one was ceremonial, the pollution that all Gentiles were to the Jews; this the vision of Peter had abolished, Acts x., and cleansed all creatures to the use of a Christian. The Corinthians understood not this, but feared, lest dwelling in matrimony with an unbeliever, they were defiled. The apostle discusses that scruple with an evangelic reason, showing them that although God heretofore under the law, not intending the conversion of the Gentiles, except some special ones, held them as polluted things to the Jew, yet now purposing to call them in, he hath purified them from that legal uncleanness wherein they stood, to use and to be used in a pure manner.

For saith he, “The unbelieving husband is sanctified by the wife, and the unbelieving wife is sanctified by the husband, else were your children unclean; but now they are holy.” That is, they are sanctified to you, from that legal impurity which you so fear; and are brought into a near capacity to be holy, if they believe, and to have free access to holy things. In the mean time, as being God’s creatures, a Christian hath power to use them according to their proper use; in as much as now, “all things to the pure are become pure.” In this legal respect therefore ye need not doubt to continue in marriage with an unbeliever. Thus others also expound this place, and Cameron especially. This reason warrants us only what we may do without fear of pollution, does not bind us that we must. But the other reason of the law to divorce an infidel was moral, the avoiding of enticement from the true faith. This cannot shrink; but remains in as full force as ever, to save the actual Christian from the snare of a misbeliever. Yet if a Christian full of grace and spiritual gifts, finding the misbeliever not frowardly affected, fears not a seducing, but hopes rather a gaining, who sees not that this moral reason is not violated by not divorcing, which the law commanded to do, but better fulfilled by the excellence of the gospel working through charity? For neither the faithful is seduced, and the unfaithful is either saved, or with all discharge of love and evangelic duty sought to be saved. But contrariwise, if the infirm Christian shall be commanded here against his mind, against his hope, and against his strength, to dwell with all the scandals, the household persecutions, or alluring temptations of an infidel, how is not the gospel by this made harsher than the law, and more yoking? Therefore the apostle, ere he deliver this other reason why we need not in all haste put away an infidel, his mind misgiving him, lest Edition: current; Page: [342] he should seem to be the imposer of a new command, stays not for method, but with an abrupt speed inserts the declaration of their liberty in this matter.

“But if the unbelieving depart, let him depart; a brother or a sister is not under bondage in such cases: but God hath called us to peace.”

“But if the unbelieving depart.”] This cannot be restrained to local departure only: for who knows not that an offensive society is worse than a forsaking? If his purpose of cohabitation be to endanger the life, or the conscience, Beza himself is half persuaded, that this may purchase to the faithful person the same freedom that a desertion may; and so Gerard and others whom he cites. If therefore he depart in affection; if he depart from giving hope of his conversion; if he disturb, or scoff at religion, seduce or tempt; if he rage, doubtless not the weak only, but the strong may leave him: if not for fear, yet for the dignity’s sake of religion, which cannot be liable to all base affronts, merely for the worshipping of a civil marriage. I take therefore “departing” to be as large as the negative of being well pleased: that is, if he be not pleased for the present to live lovingly, quietly, inoffensively, so as may give good hope; which appears well by that which follows.

“A brother or a sister is not under bondage in such cases.”] If St. Paul provide seriously against the bondage of a Christian, it is not the only bondage to live unmarried for a deserting infidel, but to endure his presence intolerably, to bear indignities against his religion in words or deeds, to be wearied with seducements, to have idolatries and superstitions ever before his eyes, to be tormented with impure and profane conversation; this must needs be bondage to a Christian: is this left all unprovided for, without remedy, or freedom granted? Undoubtedly no; for the apostle leaves it further to be considered with prudence, what bondage a brother or sister is not under, not only in this case, but as he speaks himself plurally, “in such cases.”

“But God hath called us to peace.”] To peace, not to bondage, not to brabbles and contentions with him who is not pleased to live peaceably, as marriage and Christianity require. And where strife arises from a cause hopeless to be allayed, what better way to peace than by separating that which is ill joined? It is not divorce that first breaks the peace of a family, as some fondly comment on this place; but it is peace already broken, which, when other cures fail can only be restored to the faultless person by a necessary divorce. And St. Paul here warrants us to seek peace, rather than to remain in bondage. If God hath called us to peace, why should we not follow him, why should we miserably stay in perpetual discord under a servitude not required?

“For what knowest thou, O wife, whether thou shalt ave thy husband,” &c.] St. Paul having thus cleared himself, not to go about the mining of our Christian liberty, not to cast a snare upon us, which to do he so much hated, returns now to the second reason of that law, to put away an infidel for fear of seducement, which he does not here contradict with a command now to venture that; but if neither the infirmity of the Christian, nor the strength of the unbeliever, be feared, but hopes appearing that he may be won, he judges it no breaking of that law, though the believer be permitted to forbear divorce, and can abide, without the peril of seducement, to offer the charity of a salvation to wife or husband, which is the fulfilling, not the transgressing, of that law; and well worth the undertaking with much hazard and patience. For what knowest thou, whether thou shalt save thy wife; that is, till all means convenient and possible with discretion and probability, Edition: current; Page: [343] as human things are, have been used. For Christ himself sends not our hope on pilgrimage to the world’s end; but sets it bounds, beyond which we need not wait on a brother, much less on an infidel. If after such a time we may count a professing Christian no better than a heathen, after less time perhaps we may cease to hope of a heathen, that he will turn Christian. Otherwise, to bind us harder than the law, and tell us we are not under bondage, is mere mockery. If, till the unbeliever please to part, we may not stir from the house of our bondage, then certain this our liberty is not grounded in the purchase of Christ, but in the pleasure of a miscreant. What knows the loyal husband, whether he may not save the adulteress? he is not therefore bound to receive her. What knows the wife, but she may reclaim her husband who hath deserted her? Yet the reformed churches do not enjoin her to wait longer than after the contempt of an ecclesiastical summons. Beza himself here befriends us with a remarkable speech, “What could be firmly constituted in human matters, if under pretence of expecting grace from above, it should be never lawful for us to seek our right?” And yet in other cases not less reasonable to obtain a most just and needful remedy by divorce, he turns the innocent party to a task of prayers beyond the multitude of beads and rosaries, to beg the gift of chastity in recompense of an injurious marriage. But the apostle is evident enough, “we are not under bondage;” trusting that he writes to those who are not ignorant what bondage is, to let supercilious determiners cheat them of their freedom. God hath called us to peace, and so doubtless hath left in our hands how to obtain it seasonably: if it be not our own choice to sit ever like novices wretchedly servile.

Thus much the apostle in this question between Christian and pagan, to us now of little use; yet supposing it written for our instruction, as it may be rightly applied, I doubt not but that the difference between a true believer and a heretic, or any one truly religious either deserted or seeking divorce from any one grossly erroneous or profane, may be referred hither. For St. Paul leaves us here the solution not of this case only, which little concerns us, but of such like cases, which may occur to us. For where the reasons directly square, who can forbid why the verdict should not be the same? But this the common writers allow us not. And yet from this text, which in plain words give liberty to none, unless deserted by an infidel, they collect the same freedom, though the desertion be not for religion, which as I conceive, they need not do; but may without straining, reduce it to the cause of fornication. For first, they confess that desertion is seldom without a just suspicion of adultery: next, it is a breach of marriage in the same kind, and in some sort worse: for adultery, though it give to another, yet it bereaves not all; but the deserter wholly denies all right, and makes one flesh twain, which is counted the absolutest breach of matrimony, and causes the other, as much as in him lies, to commit sin, by being so left. Nevertheless, those reasons, which they bring of establishing by this place the like liberty from any desertion, are fair and solid: and if the thing be lawful, and can be proved so, more ways than one, so much the safer. Their arguments I shall here recite, and that they may not come idle, shall use them to make good the like freedom to divorce for other causes; and that we are no more under bondage to any heinous default against the main ends of matrimony, than to a desertion: first they allege that 1 to Tim. v. 8, “If any provide not for those of his own house, he hath denied the faith, and is worse than an infidel.” But a deserter, say they, “can have no care of them who are most his own; therefore the deserted party is not less to be righted against such a one, than against an infidel.” With the same Edition: current; Page: [344] evidence I argue, that man or wife, who hates in wedlock, is perpetually unsociable, unpeaceful, or unduteous, either not being able, or not willing to perform what the main ends of marriage demand in help and solace, cannot be said to care for who should be dearest in the house; therefore is worse than an infidel in both regards, either in undertaking a duty which he cannot perform, to the undeserved and unspeakable injury of the other party so defrauded and betrayed, or not performing what he hath undertaken, whenas he may or might have, to the perjury of himself, more irreligious than heathenism. The blameless person therefore hath as good a plea to sue out his delivery from this bondage, as from the desertion of an infidel. Since most writers cannot but grant that desertion is not only a local absence, but an intolerable society; or if they grant it not, the reasons of St. Paul grant it, with as much leave as they grant to enlarge a particular freedom from paganism, into a general freedom from any desertion. Secondly, they reason from the likeness of either fact, “the same law redounds to the deserted by a Christian, as by an infidel, the same peril of temptation.” And I in like manner affirm, that if honest and free persons may be allowed to know what is most to their own loss the same loss and discontent, but worse disquiet with continual misery and temptation, resides in the company, or better called the persecution of an unfit, or an unpeaceable consort, than by his desertion. For then the deserted may enjoy himself at least. And he who deserts is more favourable to the party whom his presence afflicts, than that importunate thing, which is and will be ever conversant before the eyes, a loyal and individual vexation. As for those who still rudely urge it no loss to marriage, no desertion, so long as the flesh is present, and offers a benevolence that hates, or is justly hated; I am not of that vulgar and low persuasion, to think such forced embracements as these worth the honour, or the humanity of marriage, but far beneath the soul of a rational and freeborn man. Thirdly, they say, “It is not the infidelity of the deserter, but the desertion of the infidel, from which the apostle gives this freedom:” and I join, that the apostle could as little require our subjection to an unfit and injurious bondage present, as to an infidel absent. To free us from that which is an evil by being distant, and not from that which is an inmate, and in the bosom evil, argues an improvident and careless deliverer. And thus all occasions, which way soever they turn, are not unofficious to administer something which may conduce to explain or to defend the assertion of this book touching divorce. I complain of nothing, but that it is indeed too copious to be the matter of a dispute, or a defence, rather to be yielded, as in the best ages, a thing of common reason, not of controversy. What have I left to say? I fear to be more elaborate in such a perspicuity as this; lest I should seem not to teach, but to upbraid the dullness of an age; not to commune with reason in men, but to deplore the loss of reason from among men: this only, and not the want of more to say, is the limit of my discourse.

Who among the fathers have interpreted the words of Christ concerning divorce, as is here interpreted; and what the civil law of Christian emperors in the primitive church determined.

Although testimony be in logic an argument rightly called “inartificial,” and doth not solidly fetch the truth by multiplicity of authors, nor argue a thing false by the few that hold so; yet seeing most men from their youth so accustom, as not to scan reason, nor clearly to apprehend it, but to trust for that the names and numbers of such, as have got, and many times undeservedly, the reputation among them to know much; and because Edition: current; Page: [345] there is vulgar also of teachers who are as blindly by whom they fancy led, as they lead the people, it will not be amiss for them who had rather list themselves under this weaker sort, and follow authorities, to take notice that this opinion, which I bring, hath been favoured, and by some of those affirmed, who in their time were able to carry what they taught, had they urged it, through all Christendom; or to have left it such a credit with all good men, as they who could not boldly use the opinion, would have feared to censure it. But since by his appointment on whom the times and seasons wait, every point of doctrine is not fatal to be thoroughly sifted out in every age; it will be enough for me to find, that the thoughts of wisest heads heretofore, and hearts no less reverenced for devotion, have tended this way, and contributed their lot in some good measure towards this which hath been here attained. Others of them, and modern especially, have been as full in the assertion, though not so full in the reason; so that either in this regard, or in the former, I shall be manifest in a middle fortune to meet the praise or dispraise of being something first.

But I defer not what I undertook to show, that in the church both primitive and reformed, the words of Christ have been understood to grant divorce for other causes than adultery; and that the word fornication, in marriage, hath a larger sense than that commonly supposed.

Justin Martyr in his first Apology, written within fifty years after St. John died, relates a story which Eusebius transcribes, that a certain matron of Rome, the wife of a vicious husband, herself also formerly vicious, but converted to the faith, and persuading the same to her husband, at least the amendment of his wicked life; upon his not yielding to her daily entreaties and persuasions in this behalf, procured by law to be divorced from him. This was neither for adultery, nor desertion, but as the relation says, “esteeming it an ungodly thing to be the consort of bed with him, who against the law of nature and of right sought out voluptuous ways.” Suppose he endeavoured some unnatural abuse, as the Greek admits that meaning, it cannot yet be called adultery; it therefore could be thought worthy of divorce no otherwise than as equivalent, or worse; and other vices will appear in other respects as much divorcive. Next, it is said her friends advised her to stay a while; and what reason gave they? not because they held unlawful what she purposed, but because they thought she might longer yet hope his repentance. She obeyed, till the man going to Alexandria, and from thence reported to grow still more impenitent, not for any adultery or desertion, whereof neither can be gathered, but saith the Martyr, and speaks it like one approving, “lest she should be partaker of his unrighteous and ungodly deeds, remaining in wedlock, the communion of bed and board with such a person, she left him by a lawful divorce.” This cannot but give us the judgment of the church in those pure and next to apostolic times. For how else could the woman have been permitted, or here not reprehended? and if a wife might then do this without reproof, a husband certainly might no less, if not more.

Tertullian in the same age, writing his fourth Book against Marcion, witnesses “that Christ, by his answer to the Pharisees, protected the constitution of Moses as his own, and directed the institution of the Creator,” for I alter not his Carthaginian phrase; “he excused rather than destroyed the constitution of Moses; I say, he forbid conditionally, if any one therefore put away, that he may marry another: so that if he prohibited conditionally, then not wholly: and what he forbad not wholly, he permitted otherwise, where the cause ceases for which he prohibited:” that is, when a man makes it not the cause of his putting away, merely that he may marry Edition: current; Page: [346] again. “Christ teaches not contrary to Moses, the justice of divorce hath Christ the asserter: he would not have marriage separate, nor kept with ignominy, permitting then a divorce;” and guesses that this vehemence of our Saviour’s sentence was chiefly bent against Herod, as was cited before. Which leaves it evident how Tertullian interpreted this prohibition of our Saviour: for whereas the text is, “Whosoever putteth away, and marrieth another,” wherefore should Tertullian explain it, “Whosoever putteth away that he may marry another,” but to signify his opinion, that our Saviour did not forbid divorce from an unworthy yoke, but forbid the malice or the lust of a needless change, and chiefly those plotted divorces then in use?

Origen in the next century testifies to have known certain who had the government of churches in his time, who permitted some to marry, while yet their former husbands lived, and excuses the deed, as done “not without cause, though without Scripture,” which confirms that cause not to be adultery; for how then was it against Scripture that they married again? And a little beneath, for I cite his seventh homily on Matthew, saith he, “to endure faults worse than adultery and fornication, seems a thing unreasonable;” and disputes therefore that Christ did not speak by “way of precept, but as it were expounding.” By which and the like speeches, Origen declares his mind, far from thinking that our Saviour confined all the causes of divorce to actual adultery.

Lactantius, of the age that succeeded, speaking of this matter in the 6th of his “Institutions,” hath these words: “But lest any think he may circumscribe divine precepts, let this be added, that all misinterpreting, and occasion of fraud or death may be removed, he commits adultery who marries the divorced wife; and besides the crime of adultery, divorces a wife that he may marry another.” To divorce and marry another, and to divorce that he may marry another, are two different things; and imply that Lactantius thought not this place the forbidding of all necessary divorce, but such only as proceeded from the wanton desire of a future choice, not from the burden of a present affliction.

About this time the council of Eliberis in Spain decreed the husband excommunicate, “if he kept his wife being an adulteress; but if he left her, he might after ten years be received into communion, if he retained her any while in his house after the adultery known.” The council of Neocæsaria, in the year 314, decreed, That if the wife of any laic were convicted of adultery, that man could not be admitted into the ministry: if after ordination it were committed, he was to divorce her; if not he could not hold his ministry. The council of Nantes condemned in seven years’ penance the husband that would reconcile with an adulteress. But how proves this that other causes may divorce? It proves thus: There can be but two causes why these councils enjoined so strictly the divorcing of an adulteress, either as an offender against God, or against the husband; in the latter respect they could not impose on him to divorce; for every man is the master of his own forgiveness; who shall hinder him to pardon the injuries done against himself? It follows therefore, that the divorce of an adulteress was commanded by these three councils, as it was a sin against God; and by all consequence they could not but believe that other sins as heinous might with equal justice be the ground of a divorce.

Basil in his 73d rule, as Chamier numbers it, thus determines; “That divorce ought not to be, unless for adultery, or the hinderance to a godly life.” What doth this but proclaim aloud more causes of divorce than adultery, if by other sins besides this, in wife or husband, the godliness of the better person may be certainly hindered and endangered?

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Epiphanius no less ancient, writing against heretics, and therefore should himself be orthodoxal above others, acquaints us in his second book, Tom. 1, not that his private persuasion was, but that the whole church in his time generally thought other causes of divorce lawful besides adultery, as comprehended under that name: “If,” saith he, “a divorce happen for any cause, either fornication or adultery, or any heinous fault, the word of God blames not either the man or wife marrying again, nor cuts them off from the congregation, or from life, but bears with the infirmity; not that he may keep both wives, but that leaving the former he may be lawfully joined to the latter: the holy word, and the holy church of God, commiserates this man, especially if he be otherwise of good conversation, and live according to God’s law.” This place is clearer than exposition, and needs no comment.

Ambrose, on the 16th of Luke, teaches “that all wedlock is not God’s joining:” and to the 19th of Prov. “That a wife is prepared of the Lord,” as the old Latin translates it, he answers, that the Septuagint renders it, “a wife is fitted by the Lord, and tempered to a kind of harmony; and where that harmony is, there God joins; where it is not, there dissension reigns, which is not from God, for God is love.” This he brings to prove the marrying of Christian with Gentile to be no marriage, and consequently divorced without sin: but he who sees not this argument how plainly it serves to divorce any untunable, or unatonable matrimony, sees little. On the first to the Cor. vii. he grants a woman may leave her husband not only for fornication, “but for apostacy, and inverting nature, though not marry again; but the man may;” here are causes of divorce assigned other than adultery. And going on, he affirms, “that the cause of God is greater than the cause of matrimony; that the reverence of wedlock is not due to him who hates the author thereof; that no matrimony is firm without devotion to God; that dishonour done to God acquits the other being deserted from the bond of matrimony; that the faith of marriage is not to be kept with such.” If these contorted sentences be aught worth, it is not the desertion that breaks what is broken, but the impiety; and who then may not for that cause better divorce, than tarry to be deserted? or these grave sayings of St. Ambrose are but knacks.

Jerom on the 19th of Matthew explains, that for the cause of fornication, or the “suspicion thereof, a man may freely divorce.” What can breed that suspicion, but sundry faults leading that way? By Jerom’s consent therefore divorce is free not only for actual adultery, but for any cause that may incline a wise man to the just suspicion thereof.

Austin also must be remembered among those who hold, that this instance of fornication gives equal inference to other faults equally hateful, for which to divorce: and therefore in his books to Pollentius he disputes, “that infidelity, as being a greater sin than adultery, ought so much the rather cause a divorce.” And on the sermon on the mount, under the name of fornication, will have “idolatry, or any harmful superstition,” contained, which are not thought to disturb matrimony so directly as some other obstinacies and disaffections, more against the daily duties of that covenant, and in the Eastern tongues not unfrequently called fornication, as hath been shown. “Hence is understood,” saith he, “that not only for bodily fornication, but for that which draws the mind from God’s law, and foully corrupts it, a man may without fault put away his wife, and a wife her husband; because the Lord excepts the cause of fornication, which fornication we are constrained to interpret in a general sense.” And in the first book of his “Retractations,” chap. 16, he retracts not this his opinion, Edition: current; Page: [348] but commends it to serious consideration; and explains that he counted not there all sin to be fornication, but the more detestable sort of sins. The cause of fornication therefore is not in this discourse newly interpreted to signify other faults infringing the duties of wedlock, besides adultery.

Lastly, the council of Agatha in the year 506, Can. 25, decreed, that “if laymen who divorced without some great fault, or giving no probable cause, therefore divorced, that they might marry some unlawful person, or some other man’s, if before the provincial bishops were made acquainted, or judgment passed, they presumed this, excommunication was the penalty.” Whence it follows, that if the cause of divorce were some great offence, or that they gave probable causes for what they did, and did not therefore divorce, that they might presume with some unlawful person, or what was another man’s, the censure of church in those days did not touch them.

Thus having alleged enough to show, after what manner the primitive church for above 500 years understood our Saviour’s words touching divorce, I shall now, with a labour less dispersed, and sooner dispatched, bring under view what the civil law of those times constituted about this matter: I say the civil law, which is the honour of every true civilian to stand for, rather than to count that for law, which the pontifical canon had enthralled them to, and instead of interpreting a generous and elegant law, made them the drudges of a blockish Rubric.

Theodosius and Valentinian, pious emperors both, ordained that, “as by consent lawful marriages were made, so by consent, but not without the bill of divorce, they might be dissolved; and to dissolve was the more difficult, only in favour of the children.” We see the wisdom and piety of that age, one of the purest and learnedest since Christ, conceived no hinderance in the words of our Saviour, but that a divorce, mutually consented, might be suffered by the law, especially if there were no children, or if there were, careful provision was made. And further saith that law, (supposing there wanted the consent of either,) “We design the causes of divorce by this most wholesome law; for as we forbid the dissolving of marriage without just cause, so we desire that a husband or a wife distressed by some adverse necessity, should be freed though by an unhappy, yet a necessary relief.” What dram of wisdom or religion (for charity is the truest religion) could there be in that knowing age, which is not virtually summed up in this most just law? As for those other Christian emperors, from Constantine the first of them, finding the Roman law in this point so answerable to the Moasic, it might be the likeliest cause why they altered nothing to restraint; but if aught, rather to liberty, for the help and consideration of the weaker sex, according as the gospel seems to make the wife more equal to her husband in these conjugal respects, than the law of Moses doth. Therefore “if a man were absent from his wife four years, and in that space not heard of, though gone to war in the service of the empire,” she might divorce, and marry another, by the edict of Constantine to Dalmatius, Cod. l. 5, tit. 17. And this was an age of the church, both ancient and cried up still for the most flourishing in knowledge and pious government since the apostles. But to return to this law of Theodosius, with this observation by the way, that still as the church corrupted, as the clergy grew more ignorant, and yet more usurping on the magistrate, who also now declined, so still divorce grew more restrained; though certainly if better times permitted the thing that worse times restrained, it would not weakly argue that the permission was better, and the restraint worse. This law therefore of Theodosius, wiser in this than the most of his successors, though no wiser than God and Moses, reduced the causes of divorce to a Edition: current; Page: [349] certain number, which by the judicial law of God, and all recorded humanity, were left before to the breast of each husband, provided that the dismiss was not without reasonable conditions to the wife. But this was a restraint not yet come to extremes. For besides adultery, and that not only actual, but suspected by many signs there set down, any fault equally punishable with adultery, or equally infamous, might be the cause of a divorce. Which informs us how the wisest of those sages understood that place in the gospel, whereby not the pilfering of a benevolence was considered as the main and only breach of wedlock, as is now thought, but the breach of love and peace, a more holy union than that of the flesh; and the dignity of an honest person was regarded not to be held in bondage with one whose ignominy was infectious. To this purpose was constituted Cod. l. 5, tit. 17, and Authent. collat. 4, tit. i. Novell. 22, where Justinian added three causes more. In the 117 Novell. most of the same causes are allowed, but the liberty of divorcing by consent is repealed; but by whom? by Justinian, not a wiser, not a more religious emperor than either of the former, but noted by judicious writers for his fickle head in making and unmaking laws; and how Procopius, a good historian, and a counsellor of state then living, deciphers him in his other actions, I willingly omit. Nor was the church then in better case, but had the corruption of a hundred declining years swept on it, when the statute of “Consent” was called in; which, as I said, gives us every way more reason to suspect this restraint, more than that liberty: which therefore in the reign of Justin, the succeeding emperor, was recalled, Novell. 140, and established with a preface more wise and Christianly than for those times, declaring the necessity to restore that Theodosian law, if no other means of reconcilement could be found. And by whom this law was abrogated, or how long after, I do not find; but that those other causes remained in force as long as the Greek empire subsisted, and were assented to by that church, is to be read in the canons and edicts compared by Photius the patriarch, with the avertiments of Balsamon and Matthæus Monachus thereon.

But long before those days, Leo, the son of Basilius Macedo, reigning about the year 886, and for his excellent wisdom surnamed the “Philosopher,” constituted, “that in case of madness, the husband might divorce after three years, the wife after five.” Constit. Leon. 111, 112. This declares how he expounded our Saviour, and derived his reasons from the institution, which in his preface with great eloquence are set down; whereof a passage or two may give some proof, though better not divided from the rest. “There is not,” saith he, “a thing more necessary to preserve mankind, than the help given him from his own rib; both God and nature so teaching us: which doing so, it was requisite that the providence of law, or if any other care be to the good of man, should teach and ordain those things which are to the help and comfort of married persons, and confirm the end of marriage purposed in the beginning, not those things which afflict and bring perpetual misery to them.” Then answers the objection, that they are one flesh; “If matrimony had held so as God ordained it, he were wicked that would dissolve it. But if we respect this in matrimony, that it be contracted to the good of both, how shall he, who for some great evil feared, persuades not to marry though contracted, not persuade to unmarry, if after marriage a calamity befall? Should we bid beware lest any fall into an evil, and leave him helpless who by human error is fallen therein? This were as if we should use remedies to prevent a disease, but let the sick die without remedy.” The rest will be worth reading in the author.

And thus we have the judgment first of primitive fathers; next of the Edition: current; Page: [350] imperial law not disallowed by the universal church in ages of her best authority; and lastly, of the whole Greek church and civil state, incorporating their canons and edicts together, that divorce was lawful for other causes equivalent to adultery, contained under the word fornication. So that the exposition of our Saviour’s sentence here alleged hath all these ancient and great asserters; is therefore neither new nor licentious, as some would persuade the commonalty; although it be nearer truth that nothing is more new than those teachers themselves, and nothing more licentious than some known to be, whose hypocrisy yet shames not to take offence at this doctrine for license; whenas indeed they fear it would remove license, and leave them but few companions.

That the pope’s canon law, encroaching upon civil magistracy, abolished all divorce even for adultery. What the reformed divines have recovered; and that the famousest of them have taught according to the assertion of this book.

But in these western parts of the empire, it will appear almost unquestionable, that the cited law of Theodosius and Valentinian stood in force until the blindest and corruptest times of popedom displaced it. For, that the volumes of Justinian never came into Italy, or beyond Illyricum, is the opinion of good antiquaries. And that only manuscript thereof found in Apulia, by Lotharius the Saxon, and given to the states of Pisa, for their aid at sea against the Normans of Sicily, was received as a rarity not to be matched. And although the Goths, and after them the Lombards and Franks, who overrun the most of Europe, except this island, (unless we make our Saxons and Normans a limb of them,) brought in their own customs, yet that they followed the Roman laws in their contracts in marriages, Agathias the historian is alleged. And other testimonies relate, that Alaricus and Theodoric, their kings, writ their statutes out of this Theodosian code, which hath the recited law of divorce. Nevertheless, while the monarchs of Christendom were yet barbarous, and but half-christian, the popes took this advantage of their weak superstition, to raise a corpulent law out of the canons and decretals of audacious priests; and presumed also to set this in the front: “That the constitutions of princes are not above the constitutions of clergy, but beneath them.” Using this very instance of divorce, as the first prop of their tyranny; by a false consequence drawn from a passage of Ambrose upon Luke, where he saith, though “man’s law grant it, yet God’s law prohibits it:” whence Gregory the pope, writing to Theoctista, infers that ecclesiastical courts cannot be dissolved by the magistrate. A fair conclusion from a double error. First, in saying that the divine law prohibited divorce: (for what will he make of Moses?) Next, supposing that it did, how will it follow, that whatever Christ forbids in his evangelic precepts, should be hauled into a judicial constraint against the pattern of a divine law? Certainly the gospel came not to enact such compulsions. In the mean while we may note here, that the restraint of divorce was one of the first fair seeming pleas which the pope had, to step into secular authority, and with his antichristian rigour to abolish the permissive law of Christian princes conforming to a sacred lawgiver. Which if we consider, this papal and unjust restriction of divorce need not be so dear to us, since the plausible restraining of that was in a manner the first loosening of Antichrist, and, as it were, the substance of his eldest horn. Nor do we less remarkably owe the first means of his fall here in England, to the contemning of that restraint by Henry the VIII., whose divorce he opposed. Yet was not that rigour executed anciently in spiritual Edition: current; Page: [351] courts, until Alexander the IIId, who trod upon the neck of Frederic Barbarossa the emperor, and summoned our Henry IId into Normandy, about the death of Becket. He it was, that the worthy author may be known, who first actually repealed the imperial law of divorce, and decreed this tyrannous decree, that matrimony for no cause should be dissolved, though for many causes it might separate; as may be seen Decret. Gregor. l. 4, tit. 19, and in other places of the canonical tomes. The main good of which invention, wherein it consists, who can tell? but that it hath one virtue incomparable, to fill all Christendom with whoredoms and adulteries, beyond the art of Balaams, or of devils. Yet neither can these, though so perverse, but acknowledge that the words of Christ, under the name of fornication, allow putting away for other causes than adultery, both from “bed and board,” but not from the “bond;” their only reason is, because marriage they believe to be a “sacrament.” But our divines, who would seem long since to have renounced that reason, have so forgot themselves as yet to hold the absurdity, which but for that reason, unless there be some mystery of Satan in it, perhaps the papist would not hold. It is true, we grant divorce for actual and proved adultery, and not for less than many tedious and unrepairable years of desertion, wherein a man shall lose all his hope of posterity, which great and holy men have bewailed, ere he can be righted; and then perhaps on the confines of his old age, when all is not worth the while. But grant this were seasonably done; what are these two cases to many other, which afflict the state of marriage as bad, and yet find no redress? What hath the soul of man deserved, if it be in the way of salvation, that it should be mortgaged thus, and may not redeem itself according to conscience out of the hands of such ignorant and slothful teachers as these, who are neither able nor mindful to give due tendance to that precious cure which they rashly undertake; nor have in them the noble goodness to consider these distresses and accidents of man’s life, but are bent rather to fill their mouths with tithe and oblation? Yet if they can learn to follow, as well as they can seek to be followed, I shall direct them to a fair number of renowned men, worthy to be their leaders, who will commend to them a doctrine in this point wiser than their own; and if they be not impatient, it will be the same doctrine which this treatise hath defended.

Wickliff, that Englishman honoured of God to be the first preacher of a general reformation to all Europe, was not in this thing better taught of God, than to teach among his chiefest recoveries of truth, “that divorce is lawful to the Christian for many other causes equal to adultery.” This book indeed, through the poverty of our libraries, I am forced to cite from “Arnisæus of Halberstad on the Rite of Marriage,” who cites it from Corrasius of Toulouse, c. 4, Cent. Sect., and he from Wickliff, l. 4, Dial. c. 21. So much the sorrier, for that I never looked into an author cited by his adversary upon this occasion, but found him more conducible to the question than his quotation rendered him.

Next, Luther, how great a servant of God! in his book of “Conjugal Life” quoted by Gerard out of the Dutch, allows divorce for the obstinate denial of conjugal duty; and “that a man may send away a proud Vashti, and marry an Esther in her stead.” It seems, if this example shall not be impertinent, that Luther meant not only the refusal of benovelence, but a stubborn denial of any main conjugal duty; or if he did not, it will be evinced from what he allows. For out of question, with men that are not barbarous, love, and peace, and fitness, will be yielded as essential to marriage as corporal benevolence. “Though I give my body to be burnt,” saith Edition: current; Page: [352] St. Paul, “and have not charity, it profits me nothing.” So, though the body prostitute itself to whom the mind affords no other love or peace, but constant malice and vexation, can this bodily benevolence deserve to be called a marriage between Christians and rational creatures?

Melancthon, the third great luminary of reformation, in his book “Concerning Marriage,” grants divorce for cruel usage, and danger of life, urging the authority of that Theodosian law, which he esteems written with the grave deliberation of godly men; “and that they who reject this law, and think it disagreeing from the gospel, understand not the difference of law and gospel; that the magistrate ought not only to defend life, but to succour the weak conscience; lest, broke with grief and indignation, it relinquish prayer, and turn to some unlawful thing.” What if this heavy plight of despair arise from other discontents in wedlock, which may go to the soul of a good man more than the danger of his life, or cruel using, which a man cannot be liable to? suppose it be ingrateful usage, suppose it be perpetual spite and disobedience, suppose a hatred; shall not the magistrate free him from this disquiet which interrupts his prayers, and disturbs the course of his service to God and his country all as much, and brings him such a misery, as that he more desires to leave his life, than fears to loose it? Shall not this equally concern the office of civil protection, and much more the charity of a true church, to remedy?

Erasmus, who for learning was the wonder of his age, both in his Notes on Matthew, and on the first to the Corinthians, in a large and eloquent discourse, and in his answer to Phimostomus, a papist, maintains (and no protestant then living contradicted him) that the words of Christ comprehend many other causes of divorce under the name of fornication.

Bucer, (whom our famous Dr. Rainolds was wont to prefer before Calvin,) in his comment on Matthew, and in his second book “of the Kingdom of Christ,” treats of divorce at large, to the same effect as is written in “the Doctrine and Discipline of Divorce” lately published, and the translation is extant: whom, lest I should be thought to have wrested to mine own purpose, take something more out of his 49th chapter, which I then for brevity omitted. “It will be the duty of pious princes, and all who govern church or commonwealth, if any, whether husband or wife, shall affirm their want of such, who either will or can tolerably perform the necessary duties of married life, to grant that they may seek them such, and marry them; if they make it appear that such they have not.” This book he wrote here in England, where he lived the greatest admired man; and this he dedicated to Edward the VIth.

Fagius, ranked among the famous divines of Germany, whom Frederic, at that time the Palatine, sent for to be the reformer of his dominion, and whom afterwards England sought to, and obtained of him to come and teach her, differs not in this opinion from Bucer, as his notes on the Chaldee Paraphrast well testify.

The whole church of Strasburgh in her most flourishing time, when Zellius, Hedio, Capito, and other great divines, taught there, and those two renowned magistrates, Farrerus and Sturmius, governed that commonwealth and academy to the admiration of all Germany, hath thus in the 21st article: “We teach, that if according to the word of God, yea, or against it, divorces happen, to do according to God’s word, Deut. xxiv. 1; Matt. xix.; 1 Cor. vii.; and the observation of the primitive church, and the Christian constitution of pious Cæsars.”

Peter Martyr seems in word our easy adversary, but is indeed for us: toward which, though it be something when he saith of this opinion, “that Edition: current; Page: [353] it is not wicked, and can hardly be refuted,” this which follows is much more; “I speak not here” saith he, “of natural impediments, which may so happen, that the matrimony can no longer hold:” but adding, that he often wondered “how the ancient and most Christian emperors established those laws of divorce, and neither Ambrose, who had such influence upon the laws of Theodosius, nor any of those holy fathers found fault, nor any of the churches, why the magistrates of this day should be so loth to constitute the same. Perhaps they fear an inundation of divorces, which is not likely; whenas we read not either among the Hebrews, Greeks, or Romans, that they were much frequent where they were most permitted. If they judge Christian men worse than Jews or pagans, they both injure that name, and by this reason will be constrained to grant divorces the rather; because it was permitted as a remedy of evil, for who would remove the medicine, while the disease is yet so rife?” This being read both in “his Commonplaces,” and on the first to the Corinthians, with what we shall relate more of him yet ere the end, sets him absolutely on this side. Not to insist that in both these, and other places of his commentaries, he grants divorce not only for desertion, but for the seducement and scandalous demeanour of an heretical consort.

Musculus, a divine of no obscure fame, distinguishes between the religious and the civil determination of divorce; and leaving the civil wholly to the lawyers, pronounces a conscionable divorce for impotence not only natural, but accidental, if it be durable. His equity it seems, can enlarge the words of Christ to one cause more than adultery; why may not the reason of another man, as wise, enlarge them to another cause?

Gualter of Zuric, a well-known judicious commentator, in his homilies on Matthew, allows divorce for “leprosy, or any other cause which renders unfit for wedlock,” and calls this rather “a nullity of marriage than a divorce.” And who, that is not himself a mere body, can restrain all the unfitness of marriage only to a corporeal defect?

Hemingius, an author highly esteemed, and his works printed at Geneva, writing of divorce, confesses that learned men “vary in this question, some granting three causes thereof, some five, others many more;” he himself gives us six, “adultery, desertion, inability, error, evil usage, and impiety,” using argument “that Christ under one special contains the whole kind, and under the name and example of fornication, he includes other causes equipollent.” This discourse he wrote at the request of many who had the judging of these causes in Denmark and Norway, who by all likelihood followed his advice.

Hunnius, a doctor of Wittenberg, well known both in divinity and other arts, on the 19th of Matt. affirms, “That the exception of fornication expressed by our Saviour, excludes not other causes equalling adultery, or destructive to the substantials of matrimony; but was opposed to the custom of the Jews, who made divorce for every light cause.”

Felix Bidenbachius, an eminent divine in the duchy of Wirtemberg, affirms, “That the obstinate refusal of conjugal due is a lawful cause of divorce;” and gives an instance, “that the consistory of that state so judged.”

Gerard cites Harbardus, an author not unknown, and Arnisæus cites Wigandus, both yielding divorce in case of cruel usage; and another author, who testifies to “have seen, in a dukedom of Germany, marriages disjointed for some implacable enmities arising.”

Beza, one of the strictest against divorce, denies it not “for danger of life from a heretic, or importunate solicitation to do aught against religion:” Edition: current; Page: [354] and counts it “all one whether the heretic desert, or would stay upon intolerable conditions.” But this decision, well examined, will be found of no solidity. For Beza would be asked why, if God so strictly exact our stay in any kind of wedlock, we had not better stay and hazard a murdering for religion at the hand of a wife or husband as he and others enjoin us to stay and venture it for all other causes but that? and why a man’s life is not as well and warrantably saved by divorcing from an orthodox murderer, as an heretical? Again, if desertion be confessed by him to consist not only in the forsaking, but in the unsufferable conditions of staying, man may as well deduce the lawfulness of divorcing from any intolerable conditions, (if his grant be good, that we may divorce thereupon from a heretic,) as he can deduce it lawful to divorce from any deserter, by finding it lawful to divorce from a deserting infidel. For this is plain, if St. Paul’s permission to divorce an infidel deserter infer it lawful for any malicious desertion, then doth Beza’s definition of a deserter transfer itself with like facility from the cause of religion, to the cause of malice, and proves it as good to divorce from him who intolerably stays, as from him who purposely departs; and leaves it as lawful to depart from him who urgently requires a wicked thing, though professing the same religion, as from him who urges a heathenish or superstitious compliance in a different faith. For if there be such necessity of our abiding, we ought rather to abide the utmost for religion, than for any other cause; seeing both the cause of our stay is pretended our religion to marriage, and the cause of our suffering is supposed our constant marriage to religion. Beza therefore, by his own definition of a deserter, justifies a divorce from any wicked or intolerable conditions rather in the same religion than in a different.

Aretius, a famous divine of Bern, approves many causes of divorce in his “Problems,” and adds, “that the laws and consistories of Switzerland approve them also.” As first, “adultery, and that not actual only, but intentional;” alleging Matthew v. “Whosoever looketh to lust, hath committed adultery already in his heart. Whereby,” saith he, “our Saviour shows, that the breach of matrimony may be not only by outward act, but by the heart and desire; when that hath once possessed, it renders the conversation intolerable, and commonly the fact follows.” Other causes to the number of nine or ten, consenting in most with the imperial laws, may be read in the author himself, who avers them “to be grave and weighty.” All these are men of name in divinity; and to these, if need were, might be added more. Nor have the civilians been also blinded by the canon, as not to avouch the justice of those old permissions touching divorce.

Alciat of Milain, a man of extraordinary wisdom and learning, in the sixth book of his “Parerga,” defends those imperial laws, “not repuguant to the gospel,” as the church then interpreted. “For,” saith he, “the ancients understood him separate by man, whom passions and corrupt affections divorced, not if the provincial bishops first heard the matter, and judged as the council of Agatha declares:” and on some part of the Code he names Isidorus Hispalensis, the first computer of canons, “to be in the same mind.” And in the former place gives his opinion, “that divorce might be more lawfully permitted than usury.”

Corasius, recorded by Helvicus among the famous lawyers, hath been already cited of the same judgment.

Wesembechius, a much-named civilian, in his comment on this law defends it, and affirms, “That our Saviour excluded not other faults equal to adultery; and that the word fornication signifies larger among the Hebrews Edition: current; Page: [355] than with us, comprehending every fault, which alienates from him to whom obedience is due, and that the primitive church interpreted so.”

Grotius, yet living, and of prime note among learned men, retires plainly from the canon to the ancient civility, yea, to the Mosaic law, “as being most just and undeceivable.” On the 5th of Matth. he saith, “That Christ made no civil laws, but taught us how to use law: that the law sent not a husband to the judge about this matter of divorce, but left him to his own conscience: that Christ therefore cannot be thought to send him; that adultery may be judged by a vehement suspicion; that the exception of adultery seems an example of other like offences;” proves it “from the manner of speech, the maxims of law, the reason of charity, and common equity.”

These authorities, without long search, I had to produce, all excellent men, some of them such as many ages had brought forth none greater: almost the meanest of them might deserve to obtain credit in a singularity; what might not then all of them joined in an opinion so consonant to reason? For although some speak of this cause, others of that, why divorce may be, yet all agreeing in the necessary enlargement of that textual straitness, leave the matter to equity, not to literal bondage; and so the opinion closes. Nor could I have wanted more testimonies, had the cause needed a more solicitous inquiry. But herein the satisfaction of others hath been studied, not the gaining of more assurance to mine own persuasion: although authorities contributing reason withal be a good confirmation and a welcome. But God (I solemnly attest him!) withheld from my knowledge the consenting judgment of these men so late, until they could not be my instructors, but only my unexpected witnesses to partial men, that in this work I had not given the worst experiment of an industry joined with integrity, and the free utterance, though of an unpopular truth. Which yet to the people of England may, if God so please, prove a memorable informing; certainly a benefit which was intended them long since by men of highest repute for wisdom and piety, Bucer and Erasmus. Only this one authority more, whether in place, or out of place, I am not to omit; which if any can think a small one, I must be patient, it is no smaller than the whole assembled authority of England both church and state; and in those times which are on record for the purest and sincerest that ever shone yet on the reformation of this island, the time of Edward the Sixth. That worthy prince, having utterly abolished the canon law out of his dominions, as his father did before him, appointed by full vote of parliament a committee of two-and-thirty chosen men, divines and lawyers, of whom Cranmer the archbishop, Peter Martyr, and Walter Haddon, (not without the assistance of Sir John Cheeke the king’s tutor, a man at that time counted the learnedest of Englishmen, and for piety not inferior,) were the chief, to frame anew some ecclesiastical laws, that might be instead of what was abrogated. The work with great diligence was finished, and with as great approbation of that reforming age was received; and had been doubtless, as the learned preface thereof testifies, established by act of parliament, had not the good king’s death, so soon ensuing, arrested the further growth of religion also, from that season to this. Those laws, thus founded on the memorable wisdom and piety of that religious parliament and synod, allow divorce and second marriage, “not only for adultery or desertion, but for any capital enmity or plot laid against the other’s life, and likewise for evil and fierce usage:” nay, the twelfth chapter of that title by plain consequence declares, “that lesser contentions, if they be perpetual, may obtain divorce:” which is all one really with the position by me held in the former treatise published on this argument, herein only differing, that there the cause of perpetual strife was put for example in the Edition: current; Page: [356] unchangeable discord of some natures; but in these laws intended us by the best of our ancestors, the effect of continual strife is determined no unjust plea of divorce, whether the cause be natural or wilful. Whereby the wariness and deliberation, from which that discourse proceeded, will appear, and that God hath aided us to make no bad conclusion of this point; seeing the opinion, which of late hath undergone ill censures among the vulgar, hath now proved to have done no violence to Scripture, unless all these famous authors alleged have done the like; nor hath affirmed aught more than what indeed the most nominated fathers of the church, both ancient and modern, are unexpectedly found affirming; the laws of God’s peculiar people, and of primitive Christendom found to have practised, reformed churches and states to have imitated, and especially the most pious churchtimes of this kingdom to have framed and published, and, but for sad hinderances in the sudden change of religion, had enacted by the parliament. Henceforth let them, who condemn the assertion of this book for new and licentious, be sorry; lest, while they think to be of the graver sort, and take on them to be teachers, they expose themselves rather to be pledged up and down by men who intimately know them, to the discovery and contempt of their ignorance and presumption.


T.270 John Milton, Colasterion (March, 1645).

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T.270 [1645.02] John Milton, Colasterion (March, 1645).

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March, 1645.

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Editor’s Introduction

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The text can also be found in The Prose Works of John Milton: With a Biographical Introduction by Rufus Wilmot Griswold. In Two Volumes (Philadelphia: John W. Moore, 1847). Vol. 1: </titles/milton-the-prose-works-of-john-milton-vol-1#lf0233-01_head_150>.

Text of Pamphlet

COLASTERION.
A REPLY TO A NAMELESS ANSWER AGAINST THE DOCTRINE AND DISCIPLINE OF DIVORCE.

Prov. xxvi. 5. “Answer a fool according to his folly, lest he be wise in his own conceit.”

[first published, 1645.]

After many rumors of confutations and convictions, forthcoming against the Doctrine and Discipline of Divorce, and now and then a by-blow from the pulpit, feathered with a censure, strict indeed, but how true, more beholden to the authority of that devout place, which it borrowed to be uttered in, than to any sound reason which it could oracle; while I still hoped as for a blessing, to see some piece of diligence, or learned discretion, come from them, it was my hap at length, lighting on a certain parcel of queries, that seek and find not, to find, not seeking, at the tail of anabaptistical, antinomian, heretical, atheistical epithets, a jolly slander, called “Divorce at Pleasure.” I stood awhile and wondered what we might do to a man’s heart, or what anatomy use, to find in it sincerity; for all our wonted marks every day fail us, and where we thought it was, we see it is not, for alter Edition: current; Page: [357] and change residence, it cannot sure. And yet I see no good of body or of mind secure to a man for all his past labours, without perpetual watchfulness and perseverance: whenas one above others, who hath suffered much and long in the defence of truth, shall after all this give her cause to leave him so destitute and so vacant of her defence, as to yield his mouth to be the common road of truth and falsehood, and such falsehood as is joined with a rash and heedless calumny of his neighbour. For what book hath he ever met with, as his complaint is, “printed in the city,” maintaining either in the title, or in the whole pursuance, “Divorce at Pleasure?” It is true, that to divorce upon extreme necessity, when through the perverseness, or the apparent unfitness of either, the continuance can be to both no good at all, but an intolerable injury and temptation to the wronged and the defrauded; to divorce then, there is a book that writes it lawful. And that this law is a pure and wholesome national law, not to be withheld from good men, because others likely enough may abuse it to their pleasure, cannot be charged upon that book, but must be entered a bold and impious accusation against God himself; who did not for this abuse withhold it from his own people. It will be just therefore, and best for the reputation of him who in his Subitanes hath thus censured, to recall his sentence. And if, out of the abundance of his volumes, and the readiness of his quill, and the vastness of his other employments, especially in the great audit for accounts, he can spare us aught to the better understanding of this point, he shall be thanked in public; and what hath offended in the book shall willingly submit to his correction. Provided he be sure not to come with those old and stale suppositions, unless he can take away clearly what that discourse hath urged against them, by one who will expect other arguments to be persuaded the good health of a sound answer, than the gout and dropsy of a big margin, littered and overlaid with crude and huddled quotations. But as I still was waiting, when these light-armed refuters would have done pelting at their three lines uttered with a sage delivery of no reason, but an impotent and worse than Bonnerlike censure, to burn that which provokes them to a fair dispute; at length a book was brought to my hands, entitled “An Answer to the Doctrine and Discipline of Divorce.” Gladly I received it, and very attentively composed myself to read; hoping that now some good man had vouchsafed the pains to instruct me better, than I could yet learn out of all the volumes, which for this purpose I had visited. Only this I marvelled, and other men have since, whenas I, in a subject so new to this age, and so hazardous to please, concealed not my name, why this author, defending that part, which is so creeded by the people, would conceal his. But ere I could enter three leaves into the pamphlet, (for I defer the peasantly rudeness which, by the licenser’s leave, I met with afterwards,) my satisfaction came in abundantly, that it could be nothing why he durst not name himself, but the guilt of his own wretchedness. For first, not to speak of his abrupt and bald beginning, his very first page notoriously bewrays him an illiterate and arrogant presumer in that which he understands not, bearing us in hand as if he knew both Greek and Hebrew, and is not able to spell it; which had he been, it had been either written as it ought, or scored upon the printer. If it be excused as the carelessness of his deputy, be it known, the learned author himself is inventoried, and summoned up to the utmost value of his livery-cloak. Whoever he be, though this to some may seem a slight contest, I shall yet continue to think that man full of other secret injustice, and deceitful pride, who shall offer in public to assume the skill though it be but of a tongue which he hath not, and would catch his readers to believe of his ability, that which is not in him. The licenser indeed, as Edition: current; Page: [358] his authority now stands, may license much; but if these Greek orthographies were of his licensing, the boys at school might reckon with him at his grammar. Nor did I find this his want of the pretended languages alone, but accompanied with such a low and homespun expression of his mother English all along, without joint or frame, as made me, ere I knew further of him, often stop and conclude, that this author could for certain be no other than some mechanic. Nor was the style flat and rude, and the matter grave and solid, for then there had been pardon; but so shallow and so unwary was that also, as gave sufficiently the character of a gross and sluggish, yet a contentious and overweening, pretender. For first, it behoving him to show, as he promises, what divorce is, and what the true doctrine and discipline thereof, and this being to do by such principles and proofs as are received on both sides, he performs neither of these; but shows it first from the judaical practice, which he himself disallows; and next, from the practice of canon law, which the book he would confute utterly rejects, and all laws depending thereon; which this puny clerk calls “the Laws of England,” and yet pronounceth them by an ecclesiastical judge: as if that were to be accounted the law of England which dependeth on the popery of England; or if it were, this parliament he might know hath now damned that judicature. So that whether his meaning were to inform his own party, or to confute his adversary, instead of showing us the true doctrine and discipline of divorce, he shows us nothing but his own contemptible ignorance. For what is the Mosaic law to his opinion? And what is the canon, now utterly antiquated, either to that, or to mine? Ye see already what a faithful definer we have him. From such a wind-egg of definition as this, they who expect any of his other arguments to be well hatched, let them enjoy the virtue of their worthy champion. But one thing more I observed; a singular note of his stupidity, and that his trade is not to meddle with books, much less with confutations; whenas the “Doctrine of Divorce” had now a whole year been published the second time, with many arguments added, and the former ones bettered and confirmed, this idle pamphlet comes reeling forth against the first edition only; as may appear to any by the pages quoted: which put me in mind of what by chance I had notice of to this purpose the last summer, as nothing so serious but happens ofttimes to be attended with a ridiculous accident: it was then told me, that the “Doctrine of Divorce” was answered, and the answer half printed against the first edition, not by one, but by a pack of heads; of whom the chief, by circumstance, was intimated to me, and since ratified to be no other, if any can hold laughter, and I am sure none will guess him lower, than an actual serving-man. This creature, for the story must on, (and what though he be the lowest person of an interlude, he may deserve a canvassing,) transplanted himself, and to the improvement of his wages, and your better notice of his capacity, turned solicitor. And having conversed much with a stripling divine or two of those newly-fledged probationers, that usually come scouting from the university, and lie here no lame leggers to pop into the Bethesda of some knight’s chaplainship, where they bring grace to his good cheer, but no peace or benediction else to his house; these made the cham-party, he contributed the law, and both joined in the divinity. Which made me intend following the advice also of friends, to lay aside the thought of misspending a reply to the buzz of such a drone’s nest. But finding that it lay, whatever was the matter, half a year after unfinished in the press, and hearing for certain that a divine of note, out of his good will to the opinion, had taken it into his revise, and something had put out, something put in, and stuck it here and there with a clove of his own calligraphy, to keep it from tainting: Edition: current; Page: [359] and further, when I saw the stuff, though very coarse and threadbare, garnished and trimly faced with the commendations of a licenser, I resolved, so soon as leisure granted me the recreation, that my man of law should not altogether lose his soliciting. Although I impute a share of the making to him whose name I find in the approbation, who may take, as his mind serves him, this reply. In the mean while it shall be seen, I refuse no occasion, and avoid no adversary, either to maintain what I have begun, or to give it up for better reason.

To begin then with the licenser and his censure. For a licenser is not contented now to give his single Imprimatur, but brings his chair into the title-leaf; there sits and judges up, or judges down, what book he pleases: if this be suffered, what worthless author, or what cunning printer, will not be ambitious of such a stale to put off the heaviest gear; which may in time bring in round fees to the licenser, and wretched misleading to the people? But to the matter: he “approves the publishing of this book, to preserve the strength and honour of marriage against those sad breaches and dangerous abuses of it.” Belike then the wrongful suffering of all those sad breaches and abuses in marriage to remediless thraldom is the strength and honour of marriage; a boisterous and bestial strength, a dishonourable honour, an infatuated doctrine, whose than the Salvo jure of tyrannizing, which we all fight against. Next he saith, that “common discontents make these breaches in unstaid minds, and men given to change.” His words may be apprehended, as if they disallowed only to divorce for common discontents, in unstaid minds, having no cause, but a desire of change, and then we agree. But if he take all discontents on this side adultery, to be common, that is to say, not difficult to endure, and to affect only unstaid minds, it might administer just cause to think him the unfittest man that could be, to offer at a comment upon Job;* as seeming by this to have no more true sense of a good man in his afflictions, than those Edomitish friends had, of whom Job complains, and against whom God testifies his anger. Shall a man of your own coat, who hath espoused his flock, and represents Christ more in being the true husband of his congregation, than an ordinary man doth in being the husband of his wife, (and yet this representment is thought a chief cause why marriage must be inseparable,) shall this spiritual man ordinarily for the increase of his maintenances or any slight cause, forsake that wedded cure of souls, that should be dearest to him, and marry another and another? And shall not a person wrongfully afflicted, and persecuted even to extremity, forsake an unfit, injurious, and pestilent mate, tied only by a civil and fleshly covenant? If you be a man so much hating change, hate that other change; if yourself be not guilty, counsel your brethren to hate it; and leave to be the supercilious judge of other men’s miseries and changes, that your own be not judged. “The reasons of your licensed pamphlet,” you say, “are good;” they must be better than your own then; I shall wonder else how such a trivial fellow was accepted and commended, to be the confuter of so dangerous an opinion as ye give out mine.

Now therefore to your attorney, since no worthier an adversary makes his appearance, nor this neither his appearance, but lurking under the safety of his nameless obscurity; such as ye turn him forth at the postern, I must accept him; and in a better temper than Ajax do mean to scourge this ram for ye, till I meet with his Ulysses.

He begins with law, and we have it of him as good cheap as any huckster at law, newly set up, can possibly afford, and as impertinent; but for that Edition: current; Page: [360] he hath received his handsel. He presumes also to cite the civil law, which I perceive by his citing, never came within his dormitory: yet what he cites, makes but against himself.

His second thing, therefore, is to refute the adverse position, and very methodically, three pages before he sets it down; and sets his own in the place, “that disagreement of mind or disposition, though showing itself in much sharpness, is not by the law of God or man a just cause of divorce.”

To this position I answer; That it lays no battery against mine, no nor so much as faces it, but tacks about, long ere it come near, like a harmless and respectful confutement. For I confess that disagreement of mind or disposition, though in much sharpness, is not always a just cause of divorce; for much may be endured. But what if the sharpness be much more than his much? To that point it is our mishap we have not here his grave decision. He that will contradict the position which I alleged, must hold that no disagreement of mind or disposition can divorce, though shown in most sharpness; otherwise he leaves a place for equity to appoint limits, and so his following arguments will either not prove his own position, or not disprove mine.

His first argument, all but what hobbles to no purpose, is this: “Where the Scripture commands a thing to be done, it appoints when, how, and for what, as in the case of death, or excommunication. But the Scripture directs not what measure of disagreement or contrariety may divorce: therefore the Scripture allows not any divorce for disagreement.”—Answer. First, I deny your major; the Scripture appoints many things, and yet leaves the circumstance to man’s discretion, particularly in your own examples: excommunication is not taught when and for what to be, but left to the church. How could the licenser let pass this childish ignorance, and call it “good?” Next, in matters of death, the laws of England, whereof you have intruded to be an opiniastrous subadvocate, and are bound to defend them, conceive it not enjoined in Scripture, when or for what cause they shall put to death, as in adultery, theft, and the like. Your minor also is false; for the Scripture plainly sets down for what measure of disagreement a man may divorce, Deut. xxiv. 1. Learn better what that phrase means, “if she find no favour in his eyes.”

Your second argument, without more tedious fumbling, is briefly thus: “If diversity in religion, which breeds a greater dislike than any natural disagreement, may not cause a divorce, then may not the lesser disagreement: But diversity of religion may not; Ergo.”

Answ. First, I deny in the major, that diversity of religion breeds a greater dislike to marriage-duties than natural disagreement. For between Israelite, or Christian, and infidel, more often hath been seen too much love: but between them who perpetually clash in natural contrarieties, it is repugnant that there should be ever any married love or concord. Next, I deny your minor, that it is commanded not to divorce in diversity of religion, if the infidel will stay: for that place in St. Paul commands nothing, as that book at large affirmed, though you overskipped it.

Secondly, If it do command, it is but with condition that the infidel be content, and well-pleased to stay, which cuts off the supposal of any great hatred or disquiet between them, seeing the infidel had liberty to depart at pleasure; and so this comparison avails nothing.

Your third argument is from Deut. xxii. “If a man hate his wife, and raise an ill report, that he found her no virgin;” if this were false, “he might not put her away,” though hated never so much.

Ans. This was a malicious hatred, bent against her life, or to send her Edition: current; Page: [361] out of doors without her portion. Such a hater loses by due punishment that privilege, Deut. xxiv. 1, to divorce for a natural dislike; which, though it could not love conjugally, yet sent away civilly, and with just conditions. But doubtless the wife in that former case had liberty to depart from her false accuser, lest his hatred should prove mortal; else that law peculiarly made to right the woman, had turned to her greatest mischief.

Your fourth argument is; “One Christian ought to bear the infirmities of another, but chiefly of his wife.”

Ans. I grant infirmities, but not outrages, not perpetual defraudments of truest conjugal society, not injuries and vexations as importunate as fire. Yet to endure very much, might do well an exhortation, but not a compulsive law. For the Spirit of God himself, by Solomon, declares that such a consort “the earth cannot bear, and better dwell in a corner of the housetop, or in the wilderness.” Burdens may be borne, but still with consideration to the strength of an honest man complaining. Charity, indeed, bids us forgive our enemies, yet doth not force us to continue friendship and familiarity with those friends who have been false or unworthy towards us; but is contented in our peace with them, at a fair distance. Charity commands not the husband to receive again into his bosom the adulterous wife, but thinks it enough, if he dismiss her with a beneficent and peaceful dismission. No more doth charity command, nor can her rule compel, to retain in nearest union of wedlock one whose other grossest faults, or disabilities to perform what was covenanted, are the just causes of as much grievance and dissension in a family, as the private act of adultery. Let not therefore, under the name of fulfilling charity, such an unmerciful and more than legal yoke be padlocked upon the neck of any Christian.

Your fifth argument: “If the husband ought to love his wife, as Christ his church, then ought she not to be put away for contrariety of mind.”

Answ. This similitude turns against him: for if the husband must be as Christ to the wife, then must the wife be as the church to her husband. If there be a perpetual contrariety of mind in the church toward Christ, Christ himself threatens to divorce such a spouse, and hath often done it. If they urge, this was no true church, I urge again that was no true wife.

His sixth argument is from Matth. v. 32, which he expounds after the old fashion, and never takes notice of what I brought against that exposition; let him therefore seek his answer there. Yet can he not leave this argument, but he must needs first show us a curvet of his madness, holding out an objection, and running himself upon the point. “For,” saith he, “if Christ except no cause but adultery, then all other causes, as frigidity, incestuous marriage, &c. are no cause of divorce;” and answers, “that the speech of Christ holds universally, as he intended it; namely, to condemn such divorce as was groundlessly practised among the Jews, for every cause which they thought sufficient; not checking the law of consanguinities or affinities, or forbidding other cause which makes marriage void, ipso facto.”

Answ. Look to it now, you be not found taking fees on both sides; for if you once bring limitations to the universal words of Christ, another will do as much with as good authority; and affirm, that neither did he check the law, Deut. xxiv. 1, nor forbid the causes that make marriage void actually; which if any thing in the world doth, unfitness doth, and contrariety of mind; yea, more than adultery, for that makes not the marriage void, nor much more unfit, but for the time, if the offended party forgive: but unfitness and contrariety frustrates and nullifies for ever, unless it be a rare chance, all the good and peace of wedded conversation; and leaves nothing between them enjoyable, but a prone and savage necessity, not worth the Edition: current; Page: [362] name of marriage, unaccompanied with love. Thus much his own objection hath done against himself.

Argument 7th. He insists, “that man and wife are one flesh, therefore must not separate.” But must be sent to look again upon the 35th page* of that book, where he might read an answer, which he stirs not. Yet can he not abstain, but he must do us another pleasure ere he goes; although I call the common pleas to witness, I have not hired his tongue, whatever men may think by his arguing. For besides adultery, he excepts other causes which dissolve the union of being one flesh, either directly, or by consequence. If only adultery be excepted by our Saviour, and he voluntarily can add other exceptions that dissolve that union, both directly and by consequence; these words of Christ, the main obstacle of divorce, are open to us by his own invitation, to include whatever causes dissolve that union of flesh, either directly or by consequence. Which, till he name other causes more likely, I affirm to be done soonest by unfitness and contrariety of mind; for that induces hatred, which is the greatest dissolver both of spiritual and corporal union, turning the mind, and consequently the body, to other objects. Thus our doughty adversary, either directly or by consequence, yields us the question with his own mouth: and the next thing he does, recants it again.

His 8th argument shivers in the uttering, and he confesseth to be “not over-confident of it:” but of the rest it may be sworn he is. St. Paul, 1 Cor. vii. saith, that the “married have trouble in the flesh,” therefore we must bear it, though never so intolerable.

I answer, if this be a true consequence, why are not all troubles to be borne alike? Why are we suffered to divorce adulteries, desertions, or frigidities? Who knows not that trouble and affliction is the decree of God upon every state of life? Follows it therefore, that, though they grow excessive and insupportable, we must not avoid them? If we may in all other conditions, and not in marriage, the doom of our suffering ties us not by the trouble, but by the bond of marriage: and that must be proved inseparable from other reasons, not from this place. And his own confession declares the weakness of this argument, yet his ungoverned arrogance could not be dissuaded from venting it.

His 9th argument is, “that a husband must love his wife as himself; therefore he may not divorce for any disagreement, no more than he may separate his soul from his body.” I answer: if he love his wife as himself, he must love her so far as he may preserve him to her in a cheerful and comfortable manner, and not so as to ruin himself by anguish and sorrow, without any benefit to her. Next, if the husband must love his wife as himself, she must be understood a wife in some reasonable measure, willing and sufficient to perform the chief duties of her covenant, else by the hold of this argument it would be his great sin to divorce either for adultery or desertion. The rest of this will run circuit with the union of one flesh, which was answered before. And that to divorce a relative and metaphorical union of two bodies into one flesh cannot be likened in all things to the dividing of that natural union of soul and body into one person, is apparent of itself.

His last argument he fetches “from the inconvenience that would follow upon his freedom of divorce, to the corrupting of men’s minds, and the overturning of all human society.”

But for me let God and Moses answer this blasphemer, who dares bring Edition: current; Page: [363] in such a foul indictment against the divine law. Why did God permit this to his people the Jews, but that the right and good, which came directly thereby, was more in his esteem than the wrong and evil, which came by accident? And for those weak supposes of infants that would be left in their mothers’ belly, (which must needs be good news for chamber-maids, to hear a serving-man grown so provident for great bellies,) and portions and jointures likely to incur embezzlement hereby, the ancient civil law instructs us plentifully how to award, which our profound opposite knew not, for it was not in his tenures.

His arguments are spun; now follows the chaplain with his antiquities, wiser if he had refrained, for his very touching aught that is learned soils it, and lays him still more and more open, a conspicuous gull. There being both fathers and councils more ancient, wherewith to have served his purpose better than with what he cites, how may we do to know the subtle drift, that moved him to begin first with the “twelfth council of Toledo?” I would not undervalue the depth of his notion; but perhaps he had heard that the men of Toledo had store of good blade-mettle, and were excellent at cuttling; who can tell but it might be the reach of his policy, that these able men of decision would do best to have the prime stroke among his testimonies in deciding this cause? But all this craft avails himself not; for seeing they allow no cause of divorce by fornication, what do these keen doctors here, but cut him over the sinews with their Toledoes, for holding in the precedent page other causes of divorce besides, both directly and by consequence? As evil doth that Saxon council, next quoted, bestead him. For if it allow divorce precisely for no cause but fornication, it thwarts his own exposition: and if it understand fornication largely, it sides with whom he would confute. However, the authority of that synod can be but small, being under Theodorus, the Canterbury bishop, a Grecian monk of Tarsus, revolted from his own church to the pope. What have we next? the civil law stuffed in between two councils, as if the Code had been some synod; for that he understood himself in this quotation, is incredible; where the law, Cod. l. 3, tit. 38, leg. 11, speaks not of divorce, but against the dividing of possessions to divers heirs, whereby the married servants of a great family were divided, perhaps into distant countries and colonies; father from son, wife from husband, sore against their will. Somewhat lower he confesseth, that the civil law allows many reasons of divorce, but the canon law decrees otherwise; a fair credit to his cause! And I amaze me, though the fancy of this dolt be as obtuse and sad as any mallet, how the licenser could sleep out all this, and suffer him to uphold his opinion by canons and Gregorial decretals; a law which not only his adversary, but the whole reformation of this church and state, hath branded and rejected. As ignorantly, and too ignorantly to deceive any reader but an unlearned, he talks of Justin Martyr’s Apology, not telling us which of the twain; for that passage in the beginning of his first, which I have cited elsewhere, plainly makes against him: so doth Tertullian, cited next, and next Erasmus, the one against Marcion, the other in his annotations on Matthew, and to the Corinthians. And thus ye have the list of his choice antiquities, as pleasantly chosen as ye would wish from a man of his handy vocation, puffed up with no luck at all above the stint of his capacity.

Now he comes to the position, which I set down whole; and, like an able textman, slits it into four, that he may the better come at it with his barber-surgery, and his sleeves turned up. Wherein first, he denies “that any disposition, unfitness, or contrariety of mind, is unchangeable in nature, but that by the help of diet and physic it may be altered.”

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I mean not to dispute philosophy with this pork, who never read any. But I appeal to all experience, though there be many drugs to purge these redundant humours and circulations, that commonly impair health, and are not natural, whether any man can with the safety of his life bring a healthy constitution into physic with this design, to alter his natural temperament and disposition of mind. How much more vain and ridiculous would it be, by altering and rooting up the grounds of nature, which is most likely to produce death or madness, to hope the reducing of a mind to this or that fitness, or two disagreeing minds to a mutual sympathy! Suppose they might, and that with great danger of their lives and right senses, alter one temperature, how can they know that the succeeding disposition will not be as far from fitness and agreement? They would perhaps change melancholy into sanguine; but what if phlegm and choler in as great a measure come instead, the unfitness will be still as difficult and troublesome? But lastly, whether these things be changeable or not, experience teaches us, and our position supposes that they seldom do change in any time commensurable to the necessities of man, or convenient to the ends of marriage: and if the fault be in the one, shall the other live all his days in bondage and misery for another’s perverseness, or immedicable disaffection? To my friends, of which may fewest be so unhappy, I have a remedy, as they know, more wise and manly to prescribe: but for his friends and followers, (of which many may deserve justly to feel themselves the unhappiness which they consider not in others,) I send them by his advice to sit upon the stool and strain, till their cross dispositions and contrarieties of mind shall change to a better correspondence, and to a quicker apprehension of common sense, and their own good.

His second reason is as heedless; “because that grace may change the disposition, therefore no indisposition may cause divorce.”

Answ. First, it will not be deniable that many persons, gracious both, may yet happen to be very unfitly married, to the great disturbance of either. Secondly, What if one have grace, the other not, and will not alter, as the Scriptures testify there be of those, in whom we may expect a change, when “the blackamoor changes his colour, or the leopard his spots,” Jer. xiii. 23. Shall the gracious therefore dwell in torment all his life, for the ungracious? We see that holiest precepts, than which there can no better physic be administered to the mind of man, and set on with powerful preaching, cannot work this cure, no not in the family, not in the wife of him that preaches day and night to her. What an unreasonable thing is it, that men, and clergymen especially, should exact such wondrous changes in another man’s house, and are seen to work so little in their own!

To the second point of the position, that this unfitness hinders the main ends and benefits of marriage; he answers, “if I mean the unfitness of choler, or sullen disposition, that soft words, according to Solomon, pacify wrath.”

But I reply, that the saying of Solomon is a proverb, frequently true, not universally, as both the event shows, and many other sentences written by the same author, particularly of an evil woman, Prov. xxi. 9, 19, and in other chapters, that she is better shunned than dwelt with, and a desert is preferred before her society. What need the Spirit of God put this choice into our heads, if soft words could always take effect with her? How frivolous is not only this disputer, but he that taught him thus, and let him come abroad!

To his second answer I return this, that although there be not easily found such an antipathy, as to hate one another like a toad or poison; yet Edition: current; Page: [365] that there is oft such a dislike in both, or either, to conjugal love, as hinders all the comfort of matrimony, scarce any can be so simple as not to apprehend. And what can be that favour, found or not found, in the eyes of the husband, but a natural liking or disliking; whereof the law of God, Deut. xxiv. bears witness, as of an ordinary accident, and determines wisely and divinely thereafter. And this disaffection happening to be in the one, not without the unspeakable discomfort of the other, must he be left like a thing consecrated to calamity and despair, without redemption?

Against the third branch of the position, he denies that “solace and peace, which is contrary to discord and variance, is the main end of marriage.” What then? He will have it “the solace of male and female.” Came this doctrine out of some school, or some sty? Who but one forsaken of all sense and civil nature, and chiefly of Christianity, will deny that peace, contrary to discord, is the calling and the general end of every Christian, and of all his actions, and more especially of marriage, which is the dearest league of love, and the dearest resemblance of that love which in Christ is dearest to his church? How then can peace and comfort, as it is contrary to discord, which God hates to dwell with, not be the main end of marriage? Discord then we ought to fly, and to pursue peace, far above the observance of a civil covenant already broken, and the breaking daily iterated on the other side. And what better testimony than the words of the institution itself, to prove that a conversing solace, and peaceful society, is the prime end of marriage, without which no other help or office can be mutual, beseeming the dignity of reasonable creatures, that such as they should be coupled in the rites of nature by the mere compulsion of lust, without love or peace, worse than wild beasts? Nor was it half so wisely spoken as some deem, though Austin spake it, that if God had intended other than copulation in marriage, he would for Adam have created a friend, rather than a wife, to converse with; and our own writers blame him for this opinion; for which and the like passages, concerning marriage, he might be justly taxed with rusticity in these affairs. For this cannot but be with ease conceived, that there is one society of grave friendship, and another amiable and attractive society of conjugal love, besides the deed of procreation, which of itself soon cloys, and is despised, unless it be cherished and reincited with a pleasing conversation. Which if ignoble and swinish minds cannot apprehend, shall such merit therefore be the censures of more generous and virtuous spirits?

Against the last point of the position, to prove that contrariety of mind is not a greater cause of divorce than corporal frigidity, he enters into such a tedious and drawling tale “of burning, and burning, and lust and burning,” that the dull argument itself burns too for want of stirring; and yet all this burning is not able to expel the frigidity of his brain. So long therefore as that cause in the position shall be proved a sufficient cause of divorce, rather than spend words with this phlegmy clod of an antagonist, more than of necessity and a little merriment, I will not now contend whether it be a greater cause than frigidity or no.

His next attempt is upon the arguments which I brought to prove the position. And for the first, not finding it of that structure as to be scaled with his short ladder, he retreats with a bravado, that it deserves no answer. And I as much wonder what the whole book deserved, to be thus troubled and solicited by such a paltry solicitor. I would he had not cast the gracious eye of his duncery upon the small deserts of a pamphlet, whose every line meddled with uncases him to scorn and laughter.

That which he takes for the second argument, if he look better, is no Edition: current; Page: [366] argument, but an induction to those that follow. Then he stumbles that I should say, “the gentlest ends of marriage,” confessing that he understands it not. And I believe him heartily: for how should he, a serving-man both by nature and by function, an idiot by breeding, and a solicitor by presumption, ever come to know or feel within himself what the meaning is of “gentle?” He blames it for “a neat phrase,” for nothing angers him more than his own proper contrary. Yet altogether without art sure he is not; for who could have devised to give us more briefly a better description of his own servility?

But what will become now of the business I know not; for the man is suddenly taken with a lunacy of law, and speaks revelations out of the attorney’s academy only from a lying spirit: for he says, “that where a thing is void ipso facto, there needs no legal proceeding to make it void:” which is false; for marriage is void by adultery or frigidity, yet not made void without legal proceeding. Then asks my opinion of John-a-Noaks and John-a-Stiles: and I answer him, that I, for my part, think John Dory was a better man than both of them; for certainly they were the greatest wranglers that ever lived, and have filled all our law-books with the obtunding story of their suits and trials.

After this he tells a miraculous piece of antiquity, how “two Romans, Titus and Sempronius, made feoffments,” at Rome sure, and levied fines by the common law. But now his fit of law past, yet hardly come to himself, he maintains, that if marriage be void, as being neither of God nor nature, “there needs no legal proceeding to part it,” and I tell him that offends not me: then, quoth he, “this is nothing to your book, being the Doctrine and Discipline of Divorce.” But that I deny him; for all discipline is not legal, that is to say, juridical, but some is personal, some economical, and some ecclesiastical.

Lastly, If I prove that contrary dispositions are joined neither of God nor nature, and so the marriage void, “he will give me the controversy.” I have proved in that book to any wise man, and without more ado the institution proves it.

Where I answer an objection usually made, that “the disposition ought to be known before marriage,” and show how difficult it is to choose a fit consort, and how easy to mistake: the servitor would know “what I mean by conversation,” declaring his capacity nothing refined since his law-puddering, but still the same it was in the pantry, and at the dresser. Shall I argue of conversation with this hoyden, to go and practise at his opportunities in the larder? To men of quality I have said enough; and experience confirms by daily example, that wisest, soberest, justest men are sometimes miserably mistaken in their choice. Whom to leave thus without remedy, tossed and tempested in a most unquiet sea of afflictions and temptations, I say is most unchristianly.

But he goes on to untruss my arguments, imagining them his master’s points. Only in the passage following I cannot but admire the ripeness and the pregnance of his native treachery, endeavouring to be more a fox than his wit will suffer him. Whereas I briefly mentioned certain heads of discourse, which I referred to a place more proper according to my method, to be treated there at full with all their reasons about them, this brain-worm against all the laws of dispute, will needs deal with them here. And as a country hind, sometimes ambitious to show his betters that he is not so simple as you take him, and that he knows his advantages, will teach us a new trick to confute by. And would you think to what a pride he swells in the contemplation of his rare stratagem, offering to carp at the Edition: current; Page: [367] language of a book, which yet he confesses to be generally commended; while himself will be acknowledged, by all that read him, the basest and the hungriest enditer, that could take the boldness to look abroad. Observe now the arrogance of a groom, how it will mount. I had written, that common adultery is a thing which the rankest politician would think it shame and disworship, that his law should countenance. First, it offends him, that “rankest” should signify aught but his own smell: who that knows English should not understand me, when I say a rank serving-man, a rank pettifogger, to mean a mere serving-man, a mere and arrant pettifogger, who lately was so hardy, as to lay aside his buckram-wallet, and make himself a fool in print, with confuting books which are above him? Next, the word “politician” is not used to his maw, and thereupon he plays the most notorious hobby-horse, jesting and frisking in the luxury of his nonsense with such poor fetches to cog a laughter from us, that no antic hobnail at a morris but is more handsomely facetious.

Concerning that place, Deut. xxiv. 1, which he saith to be “the main pillar of my opinion,” though I rely more on the institution that on that: these two pillars I do indeed confess are to me as those two in the porch of the temple, Jachin and Boaz, which names import establishment and strength; nor do I fear who can shake them. The exposition, of Deut. which I brought, is the received exposition, both ancient and modern, by all learned men, unless it be a monkish papist here and there: and the gloss, which he and his obscure assistant would persuade us to, is merely new and absurd, presuming out of his utter ignorance in the Hebrew to interpret those words of the text; first, in a mistaken sense of uncleanness, against all approved writers. Secondly, in a limited sense, whenas the original speaks without limitation, “some uncleanness, or any:” and it had been a wise law indeed to mean itself particular, and not to express the case which this acute rabbi hath all this while been hooking for; whereby they who are most partial to him may guess that something is in this doctrine which I allege, that forces the adversary to such a new and strained exposition; wherein he does nothing for above four pages, but founder himself to and fro in his own objections; one while denying that divorce was permitted, another while affirming that it was permitted for the wife’s sake, and after all, distrusts himself. And for his surest retirement, betakes him to those old suppositions, “that Christ abolished the Mosaic law of divorce; that the Jews had not sufficient knowledge in this point, through the darkness of the dispensation of heavenly things; that under the plenteous grace of the gospel we are tied by cruellest compulsion to live in marriage, till death, with the wickedest, the worst, the most persecuting mate.” These ignorant and doting surmises he might have read confuted at large, even in the first edition; but found it safer to pass that part over in silence. So that they who see not the sottishness of this his new and tedious exposition, are worthy to love it dearly.

His explanation done, he charges me with a wicked gloss, and almost blasphemy, for saying that Christ in teaching meant not always to be taken word for word; but like a wise physician, administering one excess against another, to reduce us to a perfect mean. Certainly to teach us were no dishonest method: Christ himself hath often used hyperboles in his teaching; and gravest authors, both Aristotle in the second of his “Ethics to Nichomachus,” and Seneca in his seventh “de Beneficiis,” advise us to stretch out the line of precept ofttimes beyond measure, that while we tend further, the mean might be the easier attained. And whoever comments that 5th of Matthew, when he comes to the turning of cheek after cheek to blows, Edition: current; Page: [368] and the parting both with cloak and coat, if any please to be the rifler, will be forced to recommend himself to the same exposition, though this chattering lawmonger be bold to call it wicked. Now note another precious piece of him; Christ, saith he, “doth not say that an unchaste look is adultery, but the lusting after her;” as if the looking unchastely could be without lusting. This gear is licensed for good reason; “Imprimatur.”

Next he would prove, that the speech of Christ is not uttered in excess against the Pharisees, first, “because he speaks it to his disciples,” Matth. v., which is false, for he spake it to the multitude, as by the first verse is evident, among which in all likelihood were many Pharisees, but out of doubt all of them pharisean disciples, and bred up in their doctrine; from which extremes of error and falsity Christ throughout his whole sermon labours to reclaim the people. Secondly, saith he, “because Christ forbids not only putting away, but marrying her who is put away.” Acutely, as if the Pharisees might not have offended as much in marrying the divorced, as in divorcing the married. The precept may bind all, rightly understood; and yet the vehement manner of giving it may be occasioned only by the Pharisees.

Finally, he winds up his text with much doubt and trepidation; for it may be his trenchers were not scraped, and that which never yet afforded corn of savour to his noddle, the saltcellar was not rubbed: and therefore in this haste easily granting, that his answers fall foul upon each other, and praying you would not think he writes as a prophet, but as a man, he runs to the black jack, fills his flagon, spreads the table, and serves up dinner.

After waiting and voiding, he thinks to void my second argument, and the contradictions that will follow both in the law and gospel, if the Mosaic law were abrogated by our Saviour, and a compulsive prohibition fixed instead: and sings his old song, “that the gospel counts unlawful that which the law allowed,” instancing in circumcision, sacrifices, washings. But what are these ceremonial things to the changing of a moral point in household duty, equally belonging to Jew and Gentile? Divorce was then right, now wrong; then permitted in the rigorous time of law, now forbidden by law, even to the most extremely afflicted, in the favourable time of grace and freedom. But this is not for an unbuttoned fellow to discuss in the garret at his trestle, and dimension of candle by the snuff; which brought forth his scullionly paraphrase on St. Paul, whom he brings in discoursing such idle stuff to the maids and widows, as his own servile inurbanity forbears not to put into the apostle’s mouth, “of the soul’s conversing:” and this he presumes to do, being a bayard, who never had the soul to know what conversing means, but as his provender and the familiarity of the kitchen schooled his conceptions.

He passes to the third argument, like a boar in a vineyard, doing nought else, but still as he goes champing and chewing over, what I could mean by this chimæra of a “fit conversing soul,” notions and words never made for those chops; but like a generous wine, only by overworking the settled mud of his fancy, to make him drunk, and disgorge his vileness the more openly. All persons of gentle breeding (I say “gentle,” though this barrow grunt at the word) I know will apprehend, and be satisfied in what I spake, how unpleasing and discontenting the society of body must needs be between those whose minds cannot be sociable. But what should a man say more to a snout in this pickle? What language can be low and degenerate enough?

The fourth argument which I had was, that marriage being a covenant, Edition: current; Page: [369] the very being whereof consists in the performance of unfeigned love and peace; if that were not tolerably performed, the covenant became broke and revocable. Which how can any, in whose mind the principles of right reason and justice are not cancelled, deny? For how can a thing subsist, when the true essence thereof is dissolved? Yet this he denies, and yet in such a manner as alters my assertion; for he puts in, “though the main end be not attained in full measure:” but my position is, if it be not tolerably attained, as throughout the whole discourse is apparent.

Now for his reasons: “Heman found not that peace and solace which is the main end of communion with God, should he therefore break off that communion?”

I answer, that if Heman found it not, the fault was certainly his own; but in marriage it happens far otherwise: sometimes the fault is plainly not his who seeks divorce; sometimes it cannot be discerned whose fault it is; and therefore cannot in reason or equity be the matter of an absolute prohibition.

His other instance declares, what a right handicraftsman he is of petty cases, and how unfit to be aught else at highest, but a hackney of the law. “I change houses with a man; it is supposed I do it for my own ends; I attain them not in this house; I shall not therefore go from my bargain.” How without fear might the young Charinus in Andria now cry out, “What likeness can be here to a marriage?” In this bargain was no capitulation, but the yielding of possession to one another, wherein each of them had his several end apart. In marriage there is a solemn vow of love and fidelity each to other: this bargain is fully accomplished in the change; in marriage the covenant still is in performing. If one of them perform nothing tolerably, but instead of love, abound in disaffection, disobedience, fraud, and hatred; what thing in the nature of a covenant shall bind the other to such a perdurable mischief? Keep to your problems of ten groats; these matters are not for pragmatics and folkmooters to babble in.

Concerning the place of Paul, “that God hath called us to peace,” 1 Cor. vii., and therefore, certainly, if any where in this world, we have a right to claim it reasonably in marriage; it is plain enough in the sense which I gave, and confessed by Paræus, and other orthodox divines, to be a good sense, and this answerer doth not weaken it. The other place, that “he who hateth, may put away,” which if I show him, he promises to yield the whole controversy, is, besides Deut. xxiv. 1, Deut. xxi. 14, and before this, Exod. xxi. 8. Of Malachi I have spoken more in another place; and say again, that the best interpreters, all the ancient, and most of the modern, translate it as I cite it, and very few otherwise, whereof perhaps Junius is the chief.

Another thing troubles him, that marriage is called “the mystery of joy.” Let it still trouble him; for what hath he to do either with joy or with mystery? He thinks it frantic divinity to say, it is not the outward continuance of marriage that keeps the covenant of marriage whole; but whosoever doth most according to peace and love, whether in marriage or divorce, he breaks marriage least. If I shall spell it to him, he breaks marriage least, is to say, he dishonours not marriage; for least is taken in the Bible, and other good authors, for, not at all. And a particular marriage a man may break, if for a lawful cause, and yet not break, that is, not violate, or dishonour the ordinance of marriage. Hence those two questions that follow are left ridiculous; and the maids at Aldgate, whom he flouts, are likely to have more wit than the serving-man at Addle-gate.

Whereas he taxes me of adding to the Scripture in that I said love only Edition: current; Page: [370] is the fulfilling of every commandment, I cited no particular scripture, but spake a general sense, which might be collected from many places. For seeing love includes faith, what is there that can fulfil every commandment but only love? and I meant, as any intelligent reader might apprehend, every positive and civil commandment, whereof Christ hath taught us that man is the lord. It is not the formal duty of worship, or the sitting still, that keeps the holy rest of sabbath; but whosoever doth most according to charity, whether he works or works not, he breaks the holy rest of sabbath least. So marriage being a civil ordinance, made for man, not man for it; he who doth that which most accords with charity, first to himself, next to whom he next owes it, whether in marriage or divorce, he breaks the ordinance of marriage least. And what in religious prudence can be charity to himself, and what to his wife either in continuing or in dissolving the marriage-knot, hath been already oft enough discoursed. So that what St. Paul saith of circumcision, the same I stick not to say of a civil ordinance, made to the good and comfort of man, not to his ruin; marriage is nothing, and divorce is nothing “but faith which worketh by love.” And this I trust none can mistake.

Against the fifth argument, that a Christian, in a higher order of priesthood than that Levitical, is a person dedicate to joy and peace; and therefore needs not in subjection to a civil ordinance, made to no other end but for his good, (when without his fault he finds it impossible to be decently or tolerably observed,) to plunge himself into immeasurable distractions and temptations, above his strength; against this he proves nothing, but gads into silly conjectures of what abuses would follow, and with as good reason might declaim against the best things that are.

Against the sixth argument, that to force the continuance of marriage between minds found utterly unfit and disproportional, is against nature, and seems forbid under that allegorical precept of Moses, “not to sow a field with divers seeds, lest both be defiled; not to plough with an ox and ass together,” which I deduce by the pattern of St. Paul’s reasoning what was meant by not muzzling the ox; he rambles over a long narration, to tell us that “by the oxen are meant the preachers:” which is not doubted. Then he demands, “if this my reasoning be like St. Paul’s.” And I answer him, Yes. He replies, that sure St. Paul would be ashamed to reason thus. And I tell him, No. He grants that place which I alleged, 2 Cor., vi. of unequal yoking, may allude to that of Moses, but says “I cannot prove it makes to my purpose,” and shows not first how he can disprove it. Weigh, gentlemen, and consider whether my affirmations, backed with reason may hold balance against the bare denials of this ponderous confuter, elected by his ghostly patrons to be my copesmate.

Proceeding on to speak of mysterious things in nature, I had occasion to fit the language thereafter; matters not, for the reading of this odious fool, who thus ever, when he meets with aught above the cogitation of his breeding, leaves the noisome stench of his rude slot behind him, maligning that any thing should be spoke or understood above his own genuine baseness; and gives sentence that his confuting hath been employed about a frothy, immeritous, and undeserving discourse. Who could have believed so much insolence durst vent itself from out the hide of a varlet, as thus to censure that which men of mature judgment have applauded to be writ from good reason? But this contents him not; he falls now to rave in his barbarous abusiveness; and why? a reason befitting such an artificer, because he saith the book is contrary to all human learning; whenas the world knows, that all both human and divine learning, till the canon law, Edition: current; Page: [371] allowed divorce by consent, and for many causes without consent. Next, he dooms it as contrary to truth; whenas it hath been disputable among learned men, ever since it was prohibited: and is by Peter Martyr thought an opinion not impious, but hard to be refuted; and by Erasmus deemed a doctrine so charitable and pious, as, if it cannot be used, were to be wished it could; but is by Martin Bucer, a man of dearest and most religious memory in the church, taught and maintained to be either most lawfully used, or most lawfully permitted. And for this, for I affirm no more than Bucer, what censure do you think, readers, he hath condemned the book to? To a death no less impious than to be burnt by the hangman. Mr. Licenser, (for I deal not now with this caitiff, never worth my earnest, and now not seasonable for my jest,) you are reputed a man discreet enough, religious enough, honest enough, that is, to an ordinary competence in all these. But now your turn is, to hear what your own hand hath earned ye; that when you suffered this nameless hangman to cast into public such a despiteful contumely upon a name and person deserving of the church and state equally to your self; and one who hath done more to the present advancement of your own tribe, than you or many of them have done for themselves; you forgot to be either honest, religious, or discreet. Whatever the state might do concerning it, supposed a matter to expect evil from, I should not doubt to meet among them with wise, and honourable, and knowing men: but as to this brute libel, so much the more impudent and lawless for the abused authority which it bears; I say again, that I abominate the censure of rascals and their licensers.

With difficulty I return to what remains of this ignoble task, for the disdain I have to change a period more with the filth and venom of this gourmand, swelled into a confuter; yet for the satisfaction of others I endure all this.

Against the seventh argument, that if the canon law and divines allow divorce for conspiracy of death, they may as well allow it to avoid the same consequence from the likelihood of natural causes.

First, he denies that the canon so decrees.

I answer, that it decrees for danger of life, as much as for adultery, Decret. Gregor. l. 4, tit. 19, and in other places: and the best civilians, who cite the canon law, so collect, as Schneidewin in Instit. tit. 10, p. 4, de Divort. And indeed, who would have denied it, but one of a reprobate ignorance in all he meddles with?

Secondly, he saith the case alters; for there the offender, “who seeks the life, doth implicitly at least act a divorce.”

And I answer; that here nature, though no offender, doth the same. But if an offender, by acting a divorce, shall release the offended, this is an ample grant against himself. He saith, nature teaches to save life from one who seeks it. And I say, she teaches no less to save it from any other cause that endangers it. He saith, that here they are both actors. Admit they were, it would not be uncharitable to part them; yet sometimes they are not both actors, but the one of them most lamentedly passive. So he concludes, we must not take advantage of our own faults and corruptions to release us from our duties. But shall we take no advantage to save ourselves from the faults of another, who hath annulled his right to our duty? “No,” says he, “let them die of the sullens, and try who will pity them.” Barbarian, the shame of all honest attorneys! why do they not hoist him over the bar and blanket him?

Against the eight argument, that they who are destitute of all marriageable gifts, except a body not plainly unfit, have not the calling to marry, Edition: current; Page: [372] and consequently married and so found, may be divorced: this, he saith, is nothing to the purpose, and not fit to be answered. I leave it therefore to the judgment of his masters.

Against the ninth argument, that marriage is a human society, and so chiefly seated in agreement and unity of mind: if therefore the mind cannot have that due society by marriage, that it may reasonably and humanly desire, it can be no human society, and so not without reason divorceable: here he falsifies, and turns what the position required of a reasonable agreement in the main matters of society into an agreement in all things, which makes the opinion not mine, and so he leaves it.

At last, and in good hour, we are come to his farewell, which is to be a concluding taste of his jabberment in law, the flashiest and the fustiest that over corrupted in such an unswilled hogshead.

Against my tenth argument, as he calls it, but as I intended it, my other position, “That divorce is not a thing determinable by a compulsive law, for that all law is for some good that may be frequently attained without the admixture of a worse inconvenience: but the law forbidding divorce never attains to any good end of such prohibition, but rather multiplies evil; therefore the prohibition of divorce is no good law.” Now for his attorney’s prize: but first, like a right cunning and sturdy logician, he denies my argument, not mattering whether in the major or minor: and saith, “there are many laws made for good, and yet that good is not attained, through the defaults of the party, but a greater inconvenience follows.”

But I reply, that this answer builds upon a shallow foundation, and most unjustly supposes every one in default, who seeks divorce from the most injurious wedlock. The default therefore will be found in the law itself; which is neither able to punish the offender, but the innocent must withal suffer; nor can right the innocent in what is chiefly sought, the obtainment of love or quietness. His instances out of the common law are all so quite beside the matter which he would prove, as may be a warning to all clients how they venture their business with such a cockbrained solicitor. For being to show some law of England, attaining to no good end, and yet through no default of the party, who is thereby debarred all remedy, he shows us only how some do lose the benefit of good laws through their own default. His first example saith, “it is a just law that every one shall peaceably enjoy his estate in lands or otherwise.” Does this law attain to no good end? The bar will blush at this most incogitant woodcock. But see if a draught of Littleton will recover him to his senses. “If this man, having fee simple in his lands, yet will take a lease of his own lands from another, this shall be an estopple to him in an assize from the recovering of his own land.”

Mark now and register him! How many are there of ten thousand who have such a fee simple in their sconce, as to take a lease of their own lands from another? So that this inconvenience lights upon scarce one in an age, and by his own default; and the law of enjoying each man his own is good to all others. But on the contrary, this prohibition of divorce is good to none, and brings inconvenience to numbers, who lie under intolerable grievances without their own default, through the wickedness or folly of another; and all this iniquity the law remedies not, but in a manner maintains. His other cases are directly to the same purpose, and might have been spared, but that he is a tradesman of the law, and must be borne with at his first setting up, to lay forth his best ware, which is only gibberish.

I have now done that, which for many causes I might have thought could not likely have been my fortune, to be put to this underwork of scouring Edition: current; Page: [373] and unrubbishing the low and sordid ignorance of such a presumptuous lozel. Yet Hercules had the labour once imposed upon him to carry dung out of the Augean stable. At any hand I would be rid of him: for I had rather, since the life of man is likened to a scene, that all my entrances and exits might mix with such persons only, whose worth erects them and their actions to a grave and tragic deportment, and not to have to do with clowns and vices. But if a man cannot peaceably walk into the world, but must be infested; sometimes at his face with dors and horseflies, sometimes beneath with bawling whippets and shin barkers, and these to be set on by plot and consultation with a junto of clergymen and licensers, commended also and rejoiced in by those whose partiality cannot yet forego old papistical principles; have I not cause to be in such a manner defensive, as may procure me freedom to pass more unmolested hereafter by those encumbrances, not so much regarded for themselves, as for those who incite them? And what defence can properly be used in such a despicable encounter as this, but either the slap or the spurn? If they can afford me none but a ridiculous adversary, the blame belongs not to me, though the whole dispute be strewed and scattered with ridiculous. And if he have such an ambition to know no better who are his mates, but among those needy thoughts, which, though his two faculties of serving-man and solicitor should compound into one mongrel, would be but thin and meagre, if in this penury of soul he can be possible to have the lustiness to think of fame, let him but send me how he calls himself, and I may chance not fail to indorse him on the backside of posterity, not a golden, but a brazen ass. Since my fate extorts from me a talent of sport, which I had thought to hide in a napkin, he shall be my Batrachomuomachia, my Bavius, my Calandrino, the common adagy of ignorance and overweening: nay, perhaps, as the provacation may be, I may be driven to curl up this gliding prose into a rough sotadic, that shall rhyme him into such a condition, as instead of judging good books to be burnt by the executioner, he shall be readier to be his own hangman. Thus much to this nuisance.

But as for the subject itself, which I have writ and now defend, according as the opposition bears; if any man equal to the matter shall think it appertains him to take in hand this controversy, either excepting against aught written, or persuaded he can show better how this question, of such moment to be throughly known, may receive a true determination, not leaning on the old and rotten suggestions whereon it yet leans; if his intent be sincere to the public, and shall carry him on without bitterness to the opinion, or to the person dissenting; let him not, I entreat him, guess by the handling, which meritoriously hath been bestowed on this object of contempt and laughter, that I account it any displeasure done me to be contradicted in print: but as it leads to the attainment of any thing more true, shall esteem it a benefit; and shall know how to return his civility and fair argument in such a sort, as he shall confess that to do so is my choice, and to have done thus was my chance.


T.43 (2.8) [William Walwyn], A Helpe to the right understanding of a Discourse concerning Independency (6 February 1645).

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T.43 [1645.02.06] (2.8) [William Walwyn], A Helpe to the right understanding of a Discourse concerning Independency (6 February 1645).

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[William Walwyn], A Helpe to the right understanding of a Discourse concerning Independency. Lately published by William Pryn of Lincolnes Inne, Esquire.

Prov. 12.13. The evill man is snared by the wickednesse of his lips, but the just man shall come out of adversity.

Printed Anno Dom. 1644.

Estimated date of publication

6 February 1645

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TT1, p. 360; Thomason E. 259. (2.)

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Text of Pamphlet

A helpe to the right understanding of a Discourse concerning INDEPENDENCY, &c.

As it is a very great benefit to the world when wise and considerate men, suffer for maintenance of a just cause: so also it proveth often-times very prejudiciall to a Nation, when rash inconsiderate men, wise only in their owne strong conceits, doe suffer though for a cause as just as common freedome it selfe: because suffering winneth reputation to the person that suffereth, whereby his sayings, opinions, and writings carry authority with them: and though never so much blended with slightnesse, arrogance, impurity, violence, error, and want of charity: yet make they deep impression in the minds of many well meaning people, and sway them to the like, or dislike of things: not as they are really good, or palpably evill in themselves, but according to the glosse, or dirt, that such men through ignorance, impatience, or malice cast upon them.

For instance whereof, I am somewhat troubled that I must alledge Mr. William Pryn, who to his great commendation in the late arbitrary times suffered for the maintenance of the just liberties of his Country: but in a great example of late it is too sadly proved that he that did the greatest service, may live to doe the greatest mischiefe: and I am fully instructed, That only perseverance in well-doing, is praise-worthy: and therefore I conceive I may without breach of charity, be as bold with him as with any other man whatsoever: that others may learne by me to respect good men no longer then they continue so.

Of late he is fallen upon so unhappy a subject (The difference of judgement in matters of Religion) and hath so totally engaged himselfe therein that even men who have formerly had him in great repute for integrity, begin to doubt his ends; supposing that he strikes in with the rising party in hope to raise himselfe with them, and by them; and that he is carried away with that infirmity unto which men of his tribe have been much subject.

Others there are that conceive he is defective only in his understanding, and easily out-witted, and wrought to doe that, which he intended not to do, charitably hoping by his endeavours in the argument of Church government that he really intended the reconciling of all parties, and that he hath unhappily wrought a contrary effect, and made the division greater, through his want of judgement, and naturally passionate weaknesse: inconsiderately engaging, and (being engaged) and prosecuting with violence: and they argue it to be so, from his publishing Romes master-piece; and the Archbishops Diary; intending, no doubt, to blazon the vilenesse of that Arch Incendiary to the world; whereas to an advised Reader, it will be evident that the first is framed of purpose to lay the designe of all our troubles upon the Papists; and make the Archbishop such an enemy thereunto, as that they plotted to take away his life; as if Satan were divided against Satan; and his Diary is so subtilly contrived, as that among those from whom he expecteth honour, it cannot faile to worke most powerfully thereunto, so great are his good workes therein expressed, so large are his pious intentions, so watchfull over his wayes, so seldome offending, so penitent after offences, so devout in prayer, so learned and patheticall in his expressions; that to any that are but tainted with the least Prelaticall superstition, he will appeare a Saint, if not equall to Noah, Lot and David, yet full parallel with the most holy Primitive Fathers; especially when they shall consider that these his works were published by his greatest enemy, which was the Archbishops Master-piece indeed, being both written of purpose to be published in their best season, and by a person that should most advantage the deceit: if it had not been so, they had easily been fiend or concealed, past his finding: no man can thinke the Bishop so impolitick, as after so long imprisonment, not to be warned concerning his notes.

Others judge him to be much of the Archbishops spirit, his late adversary, and feare that if he had equall power to that he once had, he would exceed him in cruelty of persecution; and their reason is, because he is so violently busie already, egging and inciting the Parliament, like their evill Genius, to acts of tyranny against a people he knows innocent: how much more would he rage against them had he that command of censure, fine, pillory, imprisonment and banishment, which the Archbishop unjustly usurped; especially since his rage against them has so exceeded all bounds of modesty already, as to affirme that their writings are destructive to the very being of Parliaments, and as bad or worse then the Popish Gunpowder-plot, and to tearme their honest and submisse demeanours, Insolencies, unparalleled publicke violations and impeachments of the rights and priviledges of Parliament, and of the tranquility and safety of our Church and State. I am at stand Methinks, and cannot but grieve within my selfe to consider how full swolne with bitter malice, yea and the very poyson of Aspes, that breast must needs be from whence proceeds such malevolent and scandalous speeches, yet so grossely untrue and unsutable to the spirits of the Independents.

Men likewise say that this must needs proceed from spleene: for if he were a really conscientious man he would first pull the beame out of his own eye, as he is a Lawyer, and examine his owne wayes in the course of his practise, or set out something to set out the unlawfulnesse of tythes, as learned Mr. Selden hath done. Mr. Pryn professeth the true Christian Religion, and that most zealously, yet continueth to take fees for pleading mens causes, a thing that the vertuous men amongst the very heathens accounted base, and would doe it gratis: and what fees taketh he? no lesse then treble the vaine of what is taken by pleaders in Popish Countries; but he taketh as little as any man of his calling, and no more but what is lawfull for him to take: therein, say they, consists the misery of the Common-wealth, with all other the extreame abuses of our Laws, the very way of the ending of controversies, being so totally pernicious and full of vexation: that were he truly conscientious for the good of the whole Nation, as he pretendeth, he would have laid open to the Parliament, how improper it is that our Laws should be writen in an un-knowne language, that a plaine man cannot understand so much as a Writ without the helpe of Councell; how prejudiciall it is that for ending a controversie, men must travell Terme after Terme from all quarters of the Land to London, tiring their persons and spirits, wasting their estates, and beggering their families; tending to nothing but the vexation of the people, and enriching of Lawyers; with a little labour had he been so vertuously disposed, he could have discovered the corrupt originall thereof, and have layed open all the absurdities therein, and shewed the disagreement thereof to the rules of Christianity: he-could also have shewed to the Parliament what of our Lawes themselves are unnecessary, what are prejudiciall to good men, and have moved for reducing all to an agreement with Christianity: were he (say they) truly pious, and could deny himselfe, this he would have done, though he had thereby made himselfe equall to men of low degree, both in estate, food, and rayment: yea though for his livelihood hee had beene constrained to have laboured with his hands, &c. This indeed had beene a proper worke for him a Christian Lawyer in a time of Reformation: What needed he to have meddled against the Independent and Separation, there being so many learned Divines (as hee himselfe esteemes them) sitting in Councell so neare the Parliament, which shewes him to bee too officious?

And as concerning Church-Government: If hee had really intended the good of the Nation, and the weale of all peaceable minded men, he would have had in minde such considerations as these.

The Parliament are now upon setling the affaires of the Church, a thing of a very nice and dainty nature, especially being undertaken in a time of a homebred Warre: If it be not very advisedly and cautiously done, it may soone divide the wel-affected party within it selfe, then which nothing can be more pernitious and destructive: already I have seene some that have laid downe Armes, and many withdraw their persons and estates into forreigne parts, for no other cause but for being disturbed or discouraged in exercising of their consciences in matters of Religion: And it was but thus in the Prelaticall time. I finde by my selfe, that Christians cannot live, though they should enjoy all naturall freedome and content, where they are not free to worship God in a way of Religion: And I finde also by my selfe that Christians cannot worship God in any way but what agreeth with their understandings and consciences; and although I may be at liberty to worship God according to that way which the Parliament shall set up for a generall rule to the whole Nation; yet if I were not perswaded that I might lawfully submit thereunto, all the torments in the World should not enforce mee: and this I finde to bee the case of many conscientious people, very well affected to the Parliament and to common freedome: Men that have spent their estates, and hazarded their lives as freely in defence of just Government, as any men whatsoever; and whether they are under the names of Anabaptists, Brownists, Separation, Independents, or Antinomies; wee have had all their most affectionate helpe in throwing down Episcopacy and arbitrary government: men they are that still remaine in most opposition to the Popish and malignant parties, somewhat we must doe for the ease of these our brethren, it must not be in the settlement of our Reformation that they remaine under the same restraint or molestation for their consciences as they were in the Prelaticall time; we must doe as we would be done unto: if any sort of them were greater in number then we, and had authority to countenance them, we should esteem it hard measure, to be restrained from exercising our Religion according to our consciences, or to be compelled by fines, imprisonments, or other punishments, to worship contrary to our consciences, we must beare with one anothers infirmities; no condition of men in our dayes have an infallibility of judgment: every one ought to be fully perswaded in his owne minde of the lawfulnesse of the way wherein he serveth God; if one man observe a day to the Lord, and others not; and both out of conscience to God, both are allowed by the Apostle; and the one is not to molest, no not to despise or condemne, Rom. 14. v. 3. much lesse compell the other to his judgement, because whatsoever is not of faith or full assurance of minde is sin: had Mr. Pryn debated thus with himselfe, he had shewed himselfe a true Disciple of Christ and his Apostle: differing opinions would not then have appeared such abominable, damnable things in his sight: The dealing of our Saviour with those most erronious Sadduces, would have come into his mind, they beleeved that there was neither Angell nor Spirit, and that there was no resurrection: Opinions as contrary to the current of the then Interpreters, as any in our time, and yet they professed it openly, as appeareth by their attempting our Saviour, and were as unreproved of him as of authority; he resolves their question by an answer which removed that absurdity which they thought impossible: briefly telling them, That they neither marry nor are married, but as the Angels of God in heaven; using them gently, without threats or reproaches.

If Mr. Pryn had thought of this Subject, with such like considerations, he would soone have seen, That the people of a Nation in chusing of a Parliament cannot confer more then that power which was justly in themselves: the plain rule being this: That which a man may not voluntarily binde himselfe to doe, or to forbear to doe, without sinne: That he cannot entrust or refer unto the ordering of any other: Whatsoever (be it Parliament, Generall Councels, or Nationall Assemblies:) But all things concerning the worship and service of God, and of that nature; that a man cannot without wilfull sin, either binde himselfe to doe any thing therein contrary to his understanding and conscience: nor to forbeare to doe that which his understanding and conscience bindes him to performe: therefore no man can refer matters of Religion to any others regulation. And what cannot be given, cannot be received: and then as a particular man cannot be robbed of that which he never had; so neither can a Parliament, or any other just Authority be violated in, or deprived of a power which cannot be entrusted unto them.

That Emperours, and Kings, and Popes, have assumed an absolute power over Nations in matters of Religion, need not to have beene so laboriously proved; nor that Councels and Parliaments have done the like: the matter is what they have done of right: who knowes not that all these have erred as often as they did so: our present Parliament have greater light then any former, and propose to themselves to abandon what ever former Parliaments have either assumed, or done upon mis-information: and have not yet declared themselves to dissent from the fore recited rule: and then Mr. Pryn may consider, whether he hath not extreamly mispent his time, and with much uncharitablenesse injured that faithfull servant of God, and sincere lover of his Country, Mr. John Goodwin, a man that to my knowledge, and to the knowledge of many, values neither life nor livelihood, could he therewith, or with losse thereof, purchase a peaceable liberty to his Country, or a just Parliamentary government; so far is he, or that other worthy man Mr. Burton; or any Independent, Anabaptist, Brownist, or any of the Separation now extant, from deserving either those slight, but arrogant expressions of his in his said Epistle, telling the honourable Parliament, That he knows not what evill Genius, and Pithagorian Metempsychosis, the Antiparliamentary soules formerly dwelling in our defunct Prelats earthly Tabernacles, are transmigrated into, and revived into a new generation of men (started up of late amongst us) commonly knowne by the name of Independents: such bombast inck-horne tearmes, savouring so much of a meer pedanticke, as ill beseemeth his relation to that supream power of Parliament: And thogh those Independents, for the most part are such by his owne acknowledgement, whose affections and actions have demonstrated them to be reall and cordiall to the Parliament and Church of England, for which (saith he) and for their piety they are to be highly honoured, yet hath not he so much charity as to shew any inclination that they should be relieved in their just desire of Christian liberty; but prosecutes all those their severall judgements, as derogatory and destructive unto Parliament and Church in their Anarchicall and Antiparliamentary positions; for which, and for their late gathering of Independent Churches, contrary to Parliamentary injunctions (which were never seen) they are he sayes, to be justly blamed as great Disturbers of our publicke peace and unity: these his great words make a great noise, I confesse: a man that did not converse amongst these people, may easily be induced to believe them to be very dangerous. Mr. Pryn is of great credit with many in authority, and how far he hath therein done them wrong, his owne conscience will one day tell him to his cost.

If Mr. Pryn were a stranger to the Separation, and unacquainted with the innocency of their wayes and intentions, I might charitably judge him to plead for the persecution of Gods people ignorantly, as St. Paul did: but since he cannot but know that they are both in affection and action reall and cordiall to the Parliament, as himselfe confesses, and hath found them for his owne particular compassionate in his sufferings, and liberally assistant to him in his miseries: I professe, I can make no other construction of his so violent pleading for persecution, and incensing the Parliament against a People he knowes harmlesse, and modest and reasonable in their desires whose utmost end is only not to be molested in their serving of God: I can make no other construction of it, I say, that engagement to the Divines, and some interest of his owne hath begot a hardnesse over his heart, and clouded that noble courage and common spirit which did possesse him. If he wanted information, I would labour with him, but since I cannot doubt but that he hath sufficient of that, I will leave him till the truth and excellency of that freedome against which he fights, till the sincerity and uprightnesse of the Separation which he delivers up to the sword, in these words, Immedicabile uninus ense recidendum est, make him one day appeare even to his present admirers, the man he is indeed.

In the meanetime, I turne to the people, and desire them to enquire after the Separation, and have full knowledge of them: they will then finde they are extreamly misunderstood by authority, and all others that apprehend them to be any other then a quiet harmlesse people, no way dangerous or troublesome to humane society: I have found them to be an ingenious enquiring people, and charitable both in their censures of others, and due regard to the poore. I am become their advocate, out of no engagement or relation to them, I professe, more then what my knowledge of their sincerity and true affection to their Country hath begotten in me.

Mr. Goodwin, I need not speak much of, he is a man so well knowne, that Mr. Pryns so rigid urging of his expressions upon him, as he hath too largely and spleenishly done in his Epistle, making so unsavoury and utterly disproportioned comparisons betwixt him, and the malignant Prelats, and Antiparliamentary Cavaliers, that a man that knows the antipathy betweene them cannot but stand amazed thereat; and necessarily conclude that something hath blinded not only the light of Mr. Pryns conscience, but of his understanding also, and then after a most unchristian application, his sentence is in these dismall old Antichristian and Prelaticall tearms; if they will not be reclaimed, fiat justitia, better some should suffer then all perish: but happy it is, that the power of Parliament is not in Mr. Pryn: if it were (in the minde he is now in) ’tis much to be doubted, his part would differ little from Bonners or Gardiners in Queen Maries dayes: but blessed be God, it is otherwise; nor will that just Authority I presume be moved either with his fierce exclamations, or incomparable flatteries to doe any thing contrary to right reason and true Christianity: nor is there indeed (the fore mentioned rule holding) any cause why that supreme Authority should be offended: for all sorts of Independents, whether Anabaptists or Brownists, or Antinomians, or any other doe all agree, that in all Civill and Military causes and affaires, they have an absolute supreme power: And if they shall conceive it just and necessary for the State to propose one way of worship for a generall rule throughout the Land, and shall ingratiate the same by an exemption from all offence and scandall of weake consciences as far as is possible: The Independents, &c. have nothing to oppose against their wisdomes: and if the publicke way should be such as should agree with any of their judgments and consciences, they would most readily joyne in fellowship therein: but if their judgements and consciences should not be fully satisfied concerning the same, then whatsoever is not of faith is sinne; and they cannot but disjoyne: and in such a case, all good men that know them will shew themselves true Christians indeed, in becomming humble suters to the Parliament, that as for convenience to the State they propose one generall publicke way: so for the ease of tender consciences, and for avoyding of sinne either in compelling of worship contrary to conscience, or in restraint of consciencious worship: they would be pleased to allow unto all men (that through difference of judgement could not joyne with the publicke congregations) the free and undisturbed exercise of their consciences in private congregations.

And if they should be pleased so to doe; it is but what is agreeable to common equity and true Christian liberty: It hath beene the wisdome of all judicious Patriots to frame such laws and government as all peaceable well minded people might delight to live under; binding from all things palpably vitious by the greatest punishments, and proposing of rewards and incouragements to all publicke vertue: but in things wherein every man ought to be fully perswaded in his particular minde of the lawfulnesse or unlawfulnesse thereof; there to leave every man to the guidance of his owne judgement; and where this rule is observed, there all things flourish, for thither will resort all sorts of ingenious free borne minds: such Commonwealths abound with all things either necessary or delightfull, and which is the chiefe support of all: such a government aboundeth with wise men, and with the generall affections of the people: for where the government equally respecteth the good and peace of all sorts of virtuous men, without respect of their different judgments in matters of Religion: there all sorts of judgements cannot but love the government, and esteem nothing too pretious to spend in defence thereof.

Who can live where he hath not the freedome of his minde, and exercise of his conscience? looke upon those Governments that deny this liberty, and observe the envyings and repinings that are amongst them, and how can it be otherwise, when as if a man advance in knowledge above what the State alloweth, he can no longer live freely, or without disturbance exercise his conscience? what follows then? why he takes his estate, and trade, and family, and removes where he may freely enjoy his minde, and exercise his conscience: and as this hath been the sad condition of this Nation to its extreame lesse divers wayes: so Mr. Pryn would have it continued for ought by his writings can bee discovered; nor is he any whit troubled in spirit to see at this day of Jubile, and of Reformation unto all just liberty: thousands of well-affected persons at their wits end, not knowing where to set their foot, for want of encouragement in the cause of conscience.

I but, sayes Mr. Pryn, our Covenant bindes us to maintaine an absolute Ecclesiastick power in the Parliament: it bindes us to maintaine their undoubted rights, power, priviledges: but Mr. Pryn must ever beare in minde, that what the people cannot entrust that they cannot have; which will answer all objections of that nature.

As for our Brethren of Scotland: there is no doubt, but they are sad observers of all the distempers and misunderstandings that are amongst us, and would be most glad that the wisdome of Parliament would minister a speedy remedy; although therein they should somewhat vary from their way of Church Government; as well knowing there can be no greater advantage given to our common Enemy, then the continuance of these our divisions and disaffections.

And where Mr. Pryn may suppose all liberty of this kinde, would tend to the encreasing of erronious opinions, and disturbance to the State; I beleeve he is mistaken; for let any mans experience witnesse whether freedome of discourse be not the readiest way both to give and receive satisfaction in all things.

And as for disturbance to the State: admit any mans judgement be so misinformed, as to beleeve there is no sinne; if this man now upon this government should take away another mans goods, or commit murder or adultery; the Law is open, and he is to be punished as a malefactor, and so for all crimes that any mans judgement may mislead him unto.

And truly you are to consider in reading his great Book (improperly entituled, Truth triumphing over falshood) that he acknowledges them to bee but nocturnall lucubrations, distracted subitane collections; and if you truly weigh them you will finde them very light, and little better compacted then meere dreams, or such fumes as men use to have betwixt sleeping and waking: and when you have viewed all those many sheets, consider them as in one, and it will resemble Saint Peters vision, a mixt multitude of unclean testimonies raked out of the serpentine dens of meer tyrannous Princes, Antichristian and Machivillian Councells, erronious Parliaments, and bloudy persecuting Councells and Convocations, which he hath produced, to be perswaders and controlers in these times of pure Reformation. Certainly if a man were not in a deep Lethargy, such a masse of so grosse excrements could not passe from him without offence to his owne nostrill; if it be his case, hee that scracheth him most, and handles him most roughly, is his best friend, there being no other remedy; when he is recovered and broad awake hee will thanke his Physitian: in the meane time thus much is presented to his admirers, to preserve them from that malevolent infection, unto which his writings and reputation of former sufferings might subject them unto; and this by one who is no more obliged to any Independent, Anabaptist, Brownist, Separation, or Antinomian, then Mr. Pryn himseife; but hath taken paines to know them somewhat better, and cannot but love them for their sincere love to our dear Country, to the just liberties thereof, and to our just Parliamentary Government: most heartily wishing them their just desires and a peacefull life amongst us: That they might be encouraged to joyne heart and hand with us, in prosecution of the common Enemies, of our common liberties, knowing no reason why I should not love and assist every person that loves his Country unfeignedly, and endeavours to promote the good and freedome thereof, though of different judgement with me in matters of Religion; in which case I am not to judge or controle him, nor he me: and I heartily wish all true lovers of their Country were in this minde: and when they are so, then the miseries of this Nation will soon be ended, and untill then, they will continue, as is too much to be feared: I could heartily wish that what is here written, might worke a good alteration in Mr. Pryn but when I remember the story. That a certain Lawyer came to our Saviour, tempting him; I fear it is in respect of himself, but washing of a Blackamoore: self deniall, is too hard a lesson for him; and if so, you shall have him in some bitter reply instantly; for though he cannot out-reason men, yet if he can but out-write his opposers, he claps his wings and crows victoria, that he hath silenced them all. Truly for writing much, I verily believe that he out-does any man in ‘England, which is no commodity at all to a State or the Truth, and then considering what free liberty he hath to Print whatsoever he writeth, discreet men will consider what a great advantage he hath therein, and will not deem it want of ability in his opposers, though they doe not see him presently answered to their full satisfaction; and yet I am confident his great Booke will be suddenly answered throughly: but if Mr. Pryn would deale upon equall tearmes, and use meanes that the Presse may be open for all Subjects, but for six moneths next comming free from the bonds of Licencers; if Mr. Pryn be not so silenced, as that all his former and late books doe not under sell browne paper; let me be henceforward esteemed as vaine a boaster, as now I esteem him: for his opposers, as in the justnesse of this cause they cannot regard his spleene; so nothing would be more welcome to them then his love, and change of minde, whereof some doe not dispaire: however, I end with his owne words, more justly applyed fiat justitia; better it is that he undergoe this my plaine dealing, then that either the Readers of his bookes should be seduced, or so many innocent well-affected persons be so grossely abused by him.

FINIS

T.44 (2.9) [Richard Overton], The Araignment of Mr. Persecution (8 April 1645).

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T.44 [1645.04.08] (2.9) [Richard Overton], The Araignment of Mr. Persecution (8 April 1645).

Full title

[Richard Overton], The Araignment of Mr. Persecution. Presented to the Consideration of the House of Commons, and to all the Common People of England. Wherein he is Indicted, Araigned, Convicted, and Condemned of enmity against God, and all Goodness, of Treasons, Rebellion, Bloodshed, etc. and sent to the place of Execution, In the prosecution whereof, the Jesuiticall Designes, and secret Encroachments of his Defendants, Sir Symon Synod and the John of all Sir Johns, Sir John Presbiter, upon the Liberty of the Subject is detected and laid open. By Yongue Martin Mar-Priest, Son to old Martin the Metrapolitane.

This is Licenced, and printed according to Holy Order, but not Entered into the Stationers Monopole.

ANGLIAE MARTINIS disce favere tuis.

Europe. Printed by Martin Claw Clergie, Printer to the Reverend Assembly of Divines and are to be should at his Shop in Toleration Street, at the Signe of the Subjects Liberty, right opposite to Persecuting Court. 1645.

The pamphlet contains the following parts:

  1. Yongue MARTIN MARPREIST, TO THE REVEREND LEARNED THE PROLOcutor, Assessors, the Commissioners of the Church of Scotland
  2. To his Freind the Authour upon his Booke )a poem)
  3. THE ARAIGNEMENT OF PERSECUTION
Estimated date of publication

8 April 1645.

Thomason Tracts Catalog information

TT1, p. 371; Thomason E. 276. (23.)

Editor’s Introduction

(Placeholder: Text will be added later.)

Text of Pamphlet

TO THE REVEREND LEARNED THE PROLOcutor, Assessors, the Commissioners of the Church of Scotland, and the rest of the venerable Assembly of Divines, now sitting in holy Convocation at Westminster.

Reverend Sirs,

According to my duty at your divine entreaty, I have reduced those pious instructions received from you, into such a pleasing forme, as I hope, shall not only affect, but abundantly edefie the people of this Kingdome under your holy Iurisdiction; for considering your spirituall care over them, and how your time hath been taken up wholy in the procurement of that sacred Ordinance for Tythes, wysely thought on before the Directory, for he is an Infidell and denyeth the faith, that doth not provide for his family: your late humble Advice digested into severall Assertions: your sore travill and paine you have daly ever since your holy Convocation undergon, to bring to birth his Holynesse, Sir IOHN PRESBYTER; and other your toylesome endeavours for the Honour of your holy cloth, I have therefore more willingly become your Iovrneman to ease your Burthen in this your toylesome time of Deformation; and having thus prepared my endeavoures, fit for the publike vew, I am emboldned to Dedicate them unto your divine protection, not doubting of the sacred imposition of your hands upon them, to sanctifie them unto the people, as, truly Presbyterean, that comeing forth with your Classicall Authority, they may obtaine a reverent estimation with them. And seeing I have made such a happy beginning, I doubt not of an answerable encouragement from you to proceed as I have begun, but a small matter will please MARTIN, if you sanctifie him with the Benedicite of a Cornelian Benefice of 400. l. per annum, to knocke downe the Anabaptists, Brownists, &c. with your thumping, humping, Presbyterean, Classicall CLUB, that shall suffice pro tempore, and withall to gratifie him with the Deane of Pauls House that’s but a sinall matter, it will become his worship very well for the present, and afterwards you may doe, as it shall seem best to your divine wisedomes according to his best deservings therein; he is a singular man in such a busines, and wants nothing but preferment; you doe not thinke, neither doth it enter into your hearts, how reverend Yongue MARTIN can thunder-thump the Pulpit, O, he can staer most devoutly, raile and bawle most fervently, storme most tempestiously even till he foame at mouth most precisely; Oh how he can spetter’t out! O these cursed Anabaptists, these wicked Brownists, these Heretickes, these Scismatickes, these Sectaries; O MARTIN hath it at his fingers end, he's an University man, skild in the Tongues and Sciences, and can sophisticate any Text, O he is excellent at false Glosses, and Scholastike Interpretations, he can wrest the Scriptures most neatly, tell the people it is thus and thus in the Originall, an excellent man to make a Presbyter! and O Bretheren, if MARTIN thus delude the people & thrash those Hereticks in hope sure MARTIN shall be partaker of his hope, you will not muzle the oxe that treadeth out your corne; no, MARTIN hath better esteeme of the Assembly, he doth not once suppose, that like Bell's Assembly of Preists they’l devoure all themselves, and leave nothing for MARTIN, but it is no matter, MARTIN will be content with hard meats rather then desert the service of such an holy, such a reverend Assembly, such a Quagmire of croaking skip-jacke Presbyters, such is his zeale and pious affection to the Cause, he is resolved to worke with his owne hands rather then be troublesome: Thus committing his endeavoures to your learned Consultations, pious Debates, and sacred Conclusions, he rests in expectation of his Reward,

Yours humbly devoated in all Synoddicall,
Classicall, Consistoreall, or Predicatory
Function, till death us depart,
Yongue MARTIN MARPREIST, Son to old MARTIN the Metrapolitane.
  • To his Freind the Authour upon his Booke.
  • ’T was boldly ventured to set upon
  • This foule blacke Feind, mad PERSECVTION,
  • Pluto’s Grand Agent, whom the world beside,
  • Durst not but fawne upon, thou’st tane, and try’d:
  • Thy paines sure have been great, to seeke him out,
  • Thou hast encompast Europe all about,
  • The Sottish, English, Irish Climates too,
  • Thou hast trac’d’ore, to see what things they doe:
  • What was the cause that so much blood was shed
  • In all those places? Why rents and sad divisions
  • In Kingdomes once made happy? now the visions
  • Of woefull ruine; Spectacles for time,
  • To write destructions everlasting line.
  • Thanke then Yongue MARTIN for his love and care,
  • T’impart to thee, who these proud actours are,
  • And let him have thy prayers, so thou shalt be,
  • As much belov’d of virteous men as he.
  • A. B.

Die Saturni, Apr. 6. 1645.

It is Decreed, and Ordained by the reverend Assembly of Divines now assembled in holy Convocation, that Dr. Burgesse, and Mr. Edwards doe returne thankes unto the worthy Authour of this Treatise, intituled, The Araignement of Persecution, for his pious endevoures, and vigilant care he hath taken therein, at the intreaty of this Synod: And it is further Ordained, that they doe desire him to print and publish the said Treatise forthwith, and that it be commended to the people, as a divine Hand-Maide to the right understanding of the Directory: And it is yet further Decreed and Ordained, that none shall presume to print or reprint the said Treatise, but whome he shall authorize under his own hand writing till this most Holy Synod shall take furuther Order.

Henry Roborough, {Scribes.
Adoniran Byfeild, {Scribes.
I appoynt my Cozen MARTIN CLAW-CLERGIE,
Printer to the reverend Assembly of Divines, and none else
to Print this Treatise.
Yongue MARTIN MAR-PREIST.

THE ARAIGNEMENT OF PERSECUTION.

A Certaine dreadfull, and severe Gentleman by name, Gods-vengance, of the Towne of Impartiallity, in the County of Iust-judgment, having a long time through the daily perswations of his Kinsman, Mr. Long-sufferance (an honest peaceable Gentleman, unwilling his enemie should perish) forborne to proceed against the great Enemie and Incendiary of mankind, Mr. Persecation, according to his iniquity, at length taking occasion at his Kinsmans abused patience, forthwith procures a warrant from the Lord Cheife Iustice, Peace-with-all-men, for the Constable, Mr. Reward-of-tyranny, to attach him; who takes with him two approved men of the Parish, old Mr. Woefull-experience, and honest Mr. Sound-judgment; and making strict search and inquiry after him from Religion to Religion, found him at length amongst the Papists, under the name of Mr. Spanish-Inquisition; but the subtile Fox no sooner perceived their Authority, but shrunke out of his Roman Papall Robe, and presently turned Protestant, clad with an English Episcopall habit, under the name of Mr. High-Commission, but Constable Reward-of-Tyranny, with old Woefull-Experience, and honest Sound-Iudgement being acquainted with his trikes, made after him, whereat he cast of his Laune sleeves, Hoode, Typpit, &c. and forthwith, least all Trades should saile, became a zealous Covenanter, in the godly shape of a Presbyter, changing his name into Classicall Presbytrie (a new cheat to cosen the world,) and then Scholer like, as if it had been for a goodly fat Benefice, in the twinkling of an eye jumpt out of Scotland into England, and turn’d a reverend Synodian, disguis’d with a Sylogisticall pair of Britches (saving your presence) in Bocardo, and snatching a Rhetoricall Cassok he girt up his loynes with a Sophisticall Girdle, and ran into the wildernesse of Tropes, and Figures, and there they had lost him, had it not been for the Spirits Teaching, by whose direction they trac’d him through the various windings, subtile by-Pathes, secret tracts, and cunning Meanders the evening wolves, wild Boares and Beasts of the Forrest in the briery thickets of Rhetoricall Glosses, Sophistications, and scholastick Interpretations had made, but being fit to lay hands on him, the cunning Hocus Pocus vanish’d out of their sight, and presently takes Sanctuary, for lookeing about for him, Behold, he was doing his busines (Sr. Reverence) in the Pulpit, thumping it devoutly, and most furiously like the Son of Thunder he ratlid the Anabaptists, Brouwnists, &c. letting his bolts (which according to the Proverbe were soone shot) fly at randome against them: but thinking to apprehend him, he skipt from them, from Pulpit to Pulpit, from Vniversity to Vniversity, from Colledge to Colledge, even through all the Pulpits, Vniversities, and Colledges in Christendome, and then he hied him from Parsonage to Parsonage, where the Parsons Wifes had thought to have hid him amongst the Heards of Tyth Pigges, flockes of chickings geese, &c. but that failing, he ran as if he had been wild through the Gleabe Land, and skipt over into a Tyth Cocke, and thought all had been cocke sure; but perceiving they espy’d him, up starts the Fox, and presently fast by the Synod he caught hold on the Altar, but fearing least he should be made a burnt Offering he vanished into 12. Articles, but that businesse not thriving, the next sight that was made of him, was in a petitionary garbe in the behalfe of the London Ministers: And a thousand other trickes, that I cannot reckon, he had; but one above all the rest I must not forget, which was the master peece of all the rest; for to bloke up all passages, stop all mouthes, and fortifie himselfe round, he turn’d reverend Imprimatur: and here the pursuers were at a stand, for all was as fast as the Divel and the Presbyters could make it, they sought to Authority to open the Presse, and still the Pres-byters (as their custome is) were in the way, that nothing could be done: Well, no good was to be done in publike, they then goe to it privately, and to worke a deliverance, fell into dangrous labour, and at length brought forth the villaine into publike vew, and notwithstanding all his trickes detected, apprehended, and caried him to Iustice Reason, who having examined the Malefactour, sets downe his Examination, and binds over Gods-vengance to prosecute the Malefactour at the next Assizes, and finding him not baylable, makes his Mittimus for the Constable to commit him to the Goale, there to be kept in safe custody without Bayle or Manuprise till the next Goale delivery.

Now for the better understanding of this Araignment this ensuing Catalogue of the names of the severall Officers of the Court is here annexed.

The Court of Assizes held at the Araignment of Persecution. 1645.

Lord Parliament The Iudge
Iustice { Reason } Iustices the Peace.
{ Humanity
{ Conformity
Sir Charles-Royall-Prerogative. { The Kings Sergeant.
Sir Peter-protestant. { The Kings Arturney.
Sir Iohn-Equity { High-Sherriffe.
Mr. Obedience. { Under Sherriffe.
Clarke. Cryer.
Mr. { Soveraingnty-of-Christ. { Grand Inquest.
{ Power-of-Parliaments.
{ Vnity-of-Kingdomes.
{ Nationall Strength.
{ Setled-Peace.
{ Humaine-Society.
{ Vnited-Provinces.
{ Desolate-Germany.
{ Blood-of-Princes.
{ Publike-Good.
{ Nationall-Wealth.
{ Civill-Government.
{ Domesticke-Miseries.
Mr. { Creation. { Innocent-blood. { Iury of life and death.
{ Gospel. { Good-samaritane.
{ Politique-power. { Trueth-and-peace.
{ State-pollicy. { Orphan.
{ National-loyalty. { Light-of-nature.
{ Liberty-of-Subject. { Day-of-judgement.
Mr. PERSECUTION. { Prisoner.
Mr. Gods-Vengence. { Prosecutour.
Gaffar { Christian { Evidences.
{ Martyrs
{ Liberty-of-Conscience.
Sir Symon Synod and Sir Iohn Presbyter. Defendants.

A neuw Iury for Life and Death endeavoured by Sir Symon Synod.

Mr. { Satan. { Rude-multitude. { Sir Symons Iury men.
{ Antichrist. { Sr. Iohn Presbiter.
{ Spanish-Inquisition. { Scotch-government.
{ Counsell-of-Trent. { False-prophets.
{ High-commission. { Eccles-Supremacy.
{ Assembly-of-Divines. { Pontificall-Revenue.

THus (Reader) the Court being compleat, for thy more speedy progression through the matter intended, suppose the transaction of many passages in these Assizes here in this Relation omitted, as needlesse the repetition; the Essentialls thereof being so tedious (to the impatient Reader, yet not unnecessary and uselesse (I hope) to the diligent peruser) for wherein without prejudice to our present matter, an omission may be, my silence for formality sake gives place to a supposition thereof, otherwise I shall transgresse upon the Readers Patience. Thus then the Grand Inquest (the matter being thus far brought) fall into debate.

1. Mr. Soveraignenity of Christ Gentlemen, our Lord of Lords, and King of Kings, whose Image and expresse prerogative I am, hath by the price of his blood, constituted himselfe sole Head and King for ever over the Consciences of men, and therefore he chargeth his Housholders, the Kings of the Earth, to let the Tares and the Wheat grow together in the Field of the World untill the Harvest the Day of judgement, therefore this Malefactour Persecution, in my Iudgement, being in his Inclinations and Actions altogether averse thereto, is an Arch-traitour to the Prerogative Royall of Iesus Christ over the Consciences of men, and therefore Lawfully and Iustly charged with this Bill.

2. Mr. Power of Parliaments. My verdict (Mr. Foreman) is, that Persecution for Conscience is Inconsistant with the Soveraignity of Kingdomes, for it divideth their Powers one against another, and in themselves occasioneth murmurings, grutchings, and repinings, which in time breake forth into Conspiracies, Rebellions, Insurrections, &c. as well to the prejudice of Soveraignity, as to the ruine of the Subject; and which is more, the tendency, operation, and end of Persecution, is to reduce the Power of Kingdomes and Parliaments from themselves into the hands and disposall of the Pontificall Clergie, according to the divilish Decree of Pope Paul 4. con. Trent. lib. 5. p. 409. So that there can be no security for the Power of Majestracy, where Ecclesiasticke usurpation is predominant; for the greater their Power is, the lesse powerfull is Majestracy: wherefore I must needs consent to the equity of this Byll.

3. Mr. Vnity-of-Kingdomes. Mr. Foreman, should I relate how through the divilish polecy and cruelty of this Persecution for conscience I have been banished from betwixt Kingdomes, States, and Provinces to their utter destruction in one an others ruine, I should be unhappily too troublesome: wherefore in short, my verdict is concurrant with yours.

4. Mr. Nationall-strength. Mr. Foreman, I conceive that you cannot be unsensible that the Nationall strength of Kingdomes & People consists in the generall peace, as severall members wisely compacted in the naturall skin of one politike body: wherefore, to foster this Malefactor amongst a people, is to render the strength of a Kingdome to ruine, for he is a constant sower of division, emulation, hatred, &c. amongst them: So that my verdict is not any wayes dissenting from your judgment.

Mr. Setled-Peace. Mr. Foreman, By reason of Persecution for conscience, I can find no absolute acceptance in any Kingdome or Nation troughout Christendome. For he so poysoneth all Nationall Pacifications, Leagues and Covenants, that their peace changeth with their Religion; so that their peace cannot be truly setled whererefore my verdict is concurrant.

6. Mr. Humaine Society. Mr. Foreman, My verdict is, what by experience you have all found, that he hath not only set Kingdomes at variance, but even father against son, and son against father, one friend against an other, and embrewes them in one an others blood, to the destruction of all humaine society: wherefore, I conceive this Charge against him is according to equity.

7. Mr. Blood-of-Princes. Mr. Foreman, The blood of Kings, Rulers, and Governours; the Treasons, Designes, and Conspiracies against their persons, whereof History is full, and whereto our Age is not wanting, occasioned by Persecution, enforces my verdict in approbation of the Byll against him.

7. Mr. Vnited-Provinces. Mr. Foreman, Whosoever readeth the History of the Vnited Provinces, and considereth their wonderfull preservation, flourishing state and prosperity they enjoy, notwithstanding their waging of continuall warre with a forraigne Enemie, may clearly perceive, the great mercy of God upon a Nation and people, that in tender to the consciences one of an other, exclude, banish, and extirpate Persecution out of their Territories: wherefore I likewise consent to the equity of the Byll given in against him.

8. Mr. Desolate-Germany. Mr. Foreman, Those that doubt of the truth of this Byll, let them but looke upon the Germaine desolations, depopulations, warre, famine, and pestilence occasioned through papall supremacy over our consciences, & he may receive full satisfaction of the equity of this Byll.

9. Mr. Publique-good. Mr. Foreman, that which is destructive to the publique good is Treasonable, and not to be suffered in a Common-wealth, because it striketh at the Root and Foundation of Magistracy, whose proper end is, that all may lead a Quiet and Peaceable life under the publique Protection. But this Fellow, Pesecution, diverteth the publique good from the Generality to this or that Sort, to this or that prevailing Faction: so that where, or in what State soever he is Predominate, there is an impossibility of an equall enjoyment of the publique good, but even the better sort, such as stand for the good of others as well as their owne, and have hazarded their lives for the publique good against the common Enemy, as Anabaptists, Brownists, &c. are by him deprived of the publique Liberty and Freedome of the Subject, for which they have engaged Estate and Life. Therefore Mr. Foreman, my Verdict upon the Bill is BILLA VERA.

10. Mr. Nationall-wealth. Mr. Foreman, that which is the Ruine of Nationall Wealth is destructive to the very Being and continuance of Nations, Kingdomes, and States: for it bringeth Devastation and Depopulation thereof, and so not to be suffered. But this Persecution for Conscience stirreth up Wares and Bloodshed, in Nations, Kingdomes, and States, which consumeth their Wealth, devoureth their Fruit, burneth and destroyeth their Cities, Townes, and Villages, and throweth all into a Wildernesse. Therefore Mr. Foreman you have my consent to the verity of this Byll.

Foreman.

Gentlemen, we have spent much time, and our verdict is expected, if you (12.) Mr. Civill-Government, and Mr. (13.) Domesticke-Miseries, be agreed with us in your verdict, there remaineth nothing, but the endorsment hereof with Billa-Vera.

Ambo.

Wee are agreed with you.

This past, the Grand Iury give in their verdict or Inditement endorsed with Billa Vera, whereby the Malefactor Persecution is made a lawfull prisoner, to be brought forth to the Barre, and to be put upon the Jury of life and death.

Whereupon the Clarcke (the mouth of the Court) commands the Goaler to set forth Persecution to the Barre.

The Goaler sets forth Persecution to the Barre.

The Indictment

Clar.

Persecution, Hold up thy Hand, and heare thy Indictment. Persecution, Thou standest Indicted in this County of Iust-Iudgment by the name of Persecution, late of the Towne of Tyranny, in the County of Martyrdome, by Gods-Vengance, of the Towne of Impartiallity, in the County of Iust-Iudgment, That thou art an enemy to God and all goodnesse, a Traytor to Kings and Princes, their persons, Crownes and Dignities divider of them one against an other, and of Kingdomes and people in themselves, and that thou art guilty of the warre and bloodshed at present in this Land, yea almost of all the blood of the whole earth from the blood of righteous Abell unto the blood of these present times, contrary to the peace of our Soveraigne Lord the King, his crowne and dignity: How saist thou Persecution, art thou guilty of this Treason, Rebellion and bloodshed in manner and forme is thou standest Indicted, or not guilty?

Pris.

Not guitly.

Clar.

By whom wilst thou be tryed?

Pris.

By God and my Countrey.

Then an Impanell being returned, the Clarke saith,

You good men that are Impanneled between our Soveraigne Lord the King, and the prisoner at the Barre, answer to your names at the first call upon paine and perill that may fall thereon.

They all answer to their names.

Clar.

Cryer, make Proclamation. Creyer o———yes———If any man can informe my Lord the Kings Iustices, the Kings Sergeant, or the Kings Atturney before this Inquest be taken, between our Soveraigne Lord the King, and the prisoner at the Barre, let them come forth and they shalbe heard; for the prisoner stands at the Barre upon his deliverance.

Clar.

You the prisoner that is called to the Bar, these men which you have heard called, and personally appeare, shall passe between our Soveraigne Lord the King and you, upon tryall of your life and death, if you will challenge them, or any of them, you must speake unto them or any of them as they come to the Booke to be sworne, before they be sworne.

Prisoner.

My Lord, let me humbly crave liberty to Challenge this Iury, who though my Lord in all probability they be honest Gentlemen, yet my breeding, education, nature and course of life is not so well known unto them, as unto divers other Gentlemen (of worth and quality) here present, indifferent men, of far more esteem in the world, more able to discerne my cause, & the evidence mine accusars shall bring: Besides my Lord, these men of the Iury are men possest with an inveterate hatred and malice against me, and are parties in my Indictment; for together with the Grand Inquest they conspired together against me, and provoaked Gods-Vengance to prosecute against me: now for me to be tryed by mine accusars and mortall enemies, I hope your Lordship cannot conceive it equall or legall: wherefore my Lord, I beseech you have mercy upon me, consider the blood of the innocent, least it be a prey to the malice of envy, and let more indifferent men be chosen.

Iudge.

Persecution, I much wonder at thy impudence in excepting against such a Iury, yet so far as in equity I may I am willing for justice sake, to grant the utmost the Law affords.

Prisoner.

I humbly thanke your Lordship, the Lord blesse your Honour, and I beseech your Honour for the assistance of Sir Symon Synod.

Iudge.

Well then let Sir Symon be cal’d into the Court.

Clarke.

Call Sir Symon Synod.

Crier.

Sir Symon Synod, come into the Court.

Iudge.

Sir Symon, if you can further his Majesties service, in the proposall of others in the roome of those Persecution doth except against to Mr. Sherriffe to be impanneled, you are commanded.

Sir Symon Synod.

My Lord, since it is your Lordships pleasure with the consent of this Honourable Bench, that I shall be serviceable to him I shall most willingly propose to his consideration persons of sufficient worth and estimation in the World, that are not prejudiciall to the Person of the Prisoner, neither are parties in his accusation, indifferent men, acquainted with his life and conversation, able to discerne the evidence, that shall be brought in against him, men whom I shall commend unto your Lordships acceptance for soundnesse of judgement, and singular Piety in the cause of the Clergy, this being a matter which concernes them in an high nature wherefore by your Lordships favour I shall propose those if no better can be procured) to wit, Mr. Satan, Mr. Antichrist, Mr. Spanish Inquisition Mr. Councell-of-Trent, Mr. High-Commission, Mr. Assembly of Divines, Mr. Rude Multitude, Sr. Iohn Presbyter, mine only son, Mr. Scotch Government, Mr. False-Prophets, Mr. Ecclesiasticall-Supremacy, Mr. Pontificall Revenue: These never failed the designes of the Clergy, who in all Ages have endevoured the Advancement of the Church of God, the Tribe of Levi: wherefore this being a Case that concernes their Advancement, which above all things in the world is to be endevoured, I am emboldned to propound them unto Mr. Sheriffe, for the Triall of this Prisoner.

Iudge.

Sr. Simon, this is a strange Iury you propose.

Justice Reason.

My Lord; it is according to the nature of the Clergy, can you expect Grapes of Thornes, or Figges of Thistles? if you shall but according to Reason consider of their Waies and Pretences, which indeed beare a specious shew, you shall find them no better then ravening Woolves in Sheepes Cloathing.

Iustice Humanity.

My Lord, it cannot stand with Humanity, much lesse with Legall Equity, that a Case which concernes the generall good of mankind should be refer’d to the Verdict of such an humane Iury.

Kings Ser.

My Lord there be divers of them whom Royall Prerogative hath called in to his Assistance, and at this day I conceive maketh use of them for the Establishing the Liberty of the Subject and the Protestant Religion, so that for my part I cannot see how all of them can be condemned.

Kings Attorn.

My Lord, a great part of them are Props to the Protestant Religion.

Justice Reason.

My Lord, what though Royall Prerogative and the Protestant Religion should be founded upon them? must they therefore be concluded Authentick? non sequitur: and for the Liberty of the Subject, though they may be used as a Glosse; yet Reason will tell you, that they are as directly opposite to it, as the Zenith is to the Antipodes.

Iudge.

Sr. Simon, I cannot in Equity permit such unworthy Persons to be on the Iury only Mr. Assembly of Divines, Sr. Iohn Presbyter and Mr. Schotch governement are commanded to attend the Court, for the service of the King, if occasion be.

Then the former Iury being sworne, &c. the Goaler is commanded to set forth PERSECUTION to the Barre.

Clar.

PERSECUTION, hold up thy hand: Looke upon him Masters of the Iury, hearken to his cause, You shall understand, that he stands indicted in this County of Iust judgment, by the name of PERSECUTION, &c. Upon this Indictment he hath beene Arraigned, and thereto hath pleaded not guilty, and for his tryall hath put himselfe upon God and the Countrey, which Countrey are you: your Charge is to enquire whether he be guilty of this Treason, murder, &c. in manner and forme as he stands Indicted, or not guilty: And heare your Evidence.

Crier.

If any man can give Evidence, or can say any thing against the Prisoner, let him come forth, for the Prisoner stands upon his deliverance.

Clar. call. { Gods-Vengance. Crier { Gods-Vengance. { here.
{ Gaffar. Christian. { Gaffar Christian { here.
{ Gaffar. Martyrs. { Gaffar Martyrs. { here.
{ Gaffar. Lib. Cons. { Gaffar Lib. Cons.
come forth & prosecute, or you forfeite your Recognisance. { I cannot get in my Lord Sir Symon keeps me out. O! murder, murther, my Lord.
Iudge.

What is the matter?

Lib. Cons.

My Lord, Sir Symon Synod is like to pull out my troate with the revenous Clawes of an Assembly, and Mr. Scotch-Government was fit to stab me with his Scotch dagger, and the Iohn of all Sr. Iohns, Sr. Iohn Presbyter with his Classicall Club would beat out my braines: For my Lord, they are affraid I should come into your Honours presence, least I should find entertainment in this Kingdome, and so Mr. Pontificall-Revenue turne Seperate from the Church of Engeland.

Crier.

Peace there, every man keep silence upon paine of imprisonment: make way there for Liberty-of-Conscience; Jemmy put up thy dagger; Sir Symon goe parre your nalles; Sir Iohn, away with your Club, that Liberty-of-Conscience may come into the Court.

The Witnesses being come in, they are sworne every one according to their knowledge to give in a true Evidence for the King against the Prisoner at the Barre.

Clar.

Gods-Vengance, stand up, what can you say for the King against the Prisoner at the Bar?

GODS-VENGANCE

My Lord, I have from the beginning diligently observed the Nature and inclinations of this Prisoner, ever to have been so averse to God and all goodnesse, that his Action in all Nations, Kingdomes and States, amongst Societyes and people, have been in direct Enmity to the end of Christs comming: for he came not to destroy mens Lives, but to save them, Luk. 19. 56. Ioh. 3. 17. But this fellow PERSECVTION, destroyeth both Life Temporall and Spirituall: he wasteth mens Estates, the more Godly and upright they are, the more cruell, raging and hatefull he is against them, he bringeth Misery, Poverty and Beggery on their Wives and Children: yea my Lord, this Savage Blood thirsty Wretch Hangeth, Burneth, Stoneth, Tortureth, Saweth a sunder, Casteth into the fiery Fornace, into the Lions Denne, Teareth in peeces with Wild Horses, Plucketh out the eyes, Roasteth quicke, Bureth alive, Plucketh out the Tongues, Imprisoneth, Scourgeth, Revileth, Curseth, yea, with Bell, Booke and Candle, Belyeth, Cutteth the Eares, Slitteh the Nose, Manacles the Hands, Gaggeth the Mouthes, Whippeth, Pilloreth, Banisheth into remote Islands, makes them fly by whole Shipfulls into Wild Desarts, Stigmatizeth some, and sometimes maketh such (so Stigmatized) when the wind turnes, to Stigmatize their freinds with Reproaches, Calumnies, Oppression of Conscience, &c. Deprives them of the Communication of their Freinds, of all Releife, of Pen, Inke and Paper, Seperates Man and Wife, Deprives Parents of their Children and Children of their Parents, Imprisoneth men only for the discharge of a good Conscience, Stoppeth Presses, whereby men cannot make their just defence, Suffers nothing to be Licensed, Printed, Preached, or otherwise published, but what himselfe alloweth, and having thus bound the hands and stopt the mouthes of all good men, then he comes forth in Print against them like an Armed man, and furiously assalts them, Exults and Exalts himselfe over them, Feigneth Arguments for them, and then like a Valiant Champion gives them a conquering Answere, and thus puts them to flight, and pursues them with Revilings, Scandalls, Forgeries, and Opprobrious Nick-names, as Antinomians, Anabaptists, Brownists, Independents, Scismatiques, Herctiques &c. Thus he dealeth with the Godly party: Yea, he forceth Millions to make Shipwracke of a good Conscience, who for feare of such inhumanity deny the Lord that bought them, to their finall condemnation. Oh! therefore (my Lord) if there be any Bowells of Mercy, any tender Compassion in you! pitty the destitute, the Afflicted, the tormented, who wander about in Sheepskinnes and in Goateskinnes in desarts and in mountaines, in Dens and in Caves of the Earth, of whom the World is not worthy.

Secondly, my Lord, he maketh a Nation guilty of all the righteous blood spilt upon the Earth, from the blood of Abel to the blood of Zacharias, and of all that are slayen upon the Earth; for it is all innocent blood that is shed in that case, purchased by the blood of Iesus Christ, who came not to destroy, but to save mens lives; and therefore would have all taught in all Nations, that all might be perswaded to the obedience of the truth, that all might be saved: Therefore to kill the unbeleever, as, Turke, Pagan, Iew, &c. is to slay such as Christ would have to live to repent, which must needs be Murder in the highest Nature: And cursed is he that shall slay an Innocent Person, and all the people shall say, Amen, Deut. 29. 25. The Land that sheddeth Innocent Blood, Innocent blood shall be upon it. Deut. 19. 10. and Innocent Blood the Lord will not pardon. 2 Kings 24. 4.

Thirdly, my Lord, he occasioneth Treasons, Conspiracies, Rebellions, Warres, Forreigne and Domesticke, in all Nations and Kingdomes in the Earth, He divideth Prince against Prince, Kingdome against Kingdome, & Kingdomes in themselves, Breedeth and begetteth a Nationall hatred betwixt Prince and People, and amongst themselves: he setteth Neighbour against Neighbeur, Yea Father against Sonne, and Sonne against Father, he breaketh the bonds of Peace and Freindship Nationall and Domesticke, Inrageth and Filleth the wholl Earth with blood and Violence: for what at this day is the Reason the Protestants seeke the Blood of the Papists? but because the Papists seeke theirs? they hate & persecute the Papists, because the Papists hate and persecute them: they would extirpate and roote out the Papists, because the Papists would doe the like to them. And on the other side, the Papists plot and conspire against the Protestants, because the Protestants will not suffer them to live amongst them, but Banish, Imprison, Hang, Draw, Quarter, and set up the Limbs of some of them (in open defiance to the God of heaven and earth) upon the Gates of the City, who though unhappily they be found Traitors to the Publique Peace and Politique Government, yet Nature might teach them to bury their Limbs, An Eye for an Eye, a Tooth for a Tooth, Blood for Blood, saith God: but now Blood cannot satisfie Inhumane cruelty: If this be Canonicall, Let me have old Tobits Apocripha, who hazarded his life to bury the dead.

Where two stand at Enmity, there must needs be Mastery, or else no safety: When one knoweth the other is his mortall Enemy, he will use all the Means, Strenght and Pollicy that he can to subdue him. This enrageth to all manner of Tyranny and bloodshed, setteth one Kingdome against another, because each knoweth and taketh each other for his deadly Enemy: Their faith being built upon this rotten & devouring principle of forcing the consciences one of another. But if the Papist knew the Protestant, the Protestant the papist to love another: & would not molest or in the least injure one another for their Conscience, but live peaceably & quietly one by another; bearing one with another, and so of all Religions: What man would lift up his hand against his Neighbour? This could not but conduce to a generall true setled Peace, to the wholl World. And in a short time, the Enmity of Heart betweene the Papist & Protestant &c. would be quite worne out: Why should we hate and destroy one another? are we not all the Creatures of one God? redeemed by one Lord Jesus Christ? this should provoke us to Love and peace one towards another. If God have revealed more Light of the Gospell to one then to another, shall the more knowing trample the ignorant under his feet? we should carry our selves loving and meeke one towards another, with Patience perswading and exhorting the contrary minded, proving if at any time God will turne their bearts, by this meanes the great Incendiary of the World, an inforced enraged Conscience, would be at rest. What is more neere and deere then our Consciences? if that be enraged who can appease it? if that be satisfied, what Content, Joy or Peace like unto it? or what more mild more Gentle or Loving? Therefore how render ought we to be in Cases of Conscience? it is a Lion if enraged, a Lamb if appeased: it is all Honey or all Gall, enraged it is like the Wild Bore of the Forrest, pleased, it is like the Dove from the Arcke: no greater Freind, no greater Foe.

It is beter therefore for Kingdomes to set the Conscience free as in Holland, Polonia, Transylvania, &c. and be at Peace in themselves, the to bind and enforce it and be Rent in themselves with Emulations, Heart burnings, Conspiracies, Rebellions, &c. If this Fiery Spirit were allaied, This ignorant Zeall of forcing all to believe as we believe, extinct: Nationall Feares, Ielousies, and Hatred would cease betwix. Nation and Nation, people and people: for as this violent Implacable Spirit suggesteth Feares and Ielousies betwixt one Conscience-forcing King and an other: Kingdome and Kingdome: Nation and Nation: so it forceth them to draw their swords, and stand in continuall Defiance and Defence for feare of mutuall Invasion. Yea under a false Opinion of advancing Gods glory: by forcing others to their faith, they invade, assault and murther one an other, and yet both (deluded by this Seducer) thinke they doe God good servicee, when alas it is all innocent blood that is shed: What was the maine cause so many Nations have been rent and divided in themselves, and one against an other, and in their divisions devoured one an other of late dayes? What occasioned the revolt of the Germaine Princes, from the House of Austrea, of the Neitherlanders from the King of Spaine, the bloody Missery in France? And amongst our selves, what occasioned the rising of the Scots, the Rebellion in Ireland, and those bloody divisions in England, but this divelish Spirit of binding the conscience? One would compell the other to their faith, and force them from their owne, and that will not be borne, they had rather dye, then deny their faith; and therefore is it, that a considerable party rebelleth, and in that Rebellion wallow in one an others blood, burne and destroy all before them, and yet both (as they suppose) fight the Lords battell, while indeed the Divell beareth the greatest share, whose servants they are in that Quarrell one as well as the other. Doth not the Holy Ghost make it a speciall Marke of Antichrist to force all both great and small, &c. and is it not the cause of the Womans flight into the Wildernes from the presence of the Dragon; the scattering of the Church into Desarts and secret places; the Death of the two Witnesses, and wearing out of the Saints of the most High? How cometh the Woman on the scarlet coloured Beast drunke with the blood of the Saints, and with the blood of the Martyrs of Iesus, and all the blood of the Earth to be found in her, but by this divelish Spirit, even the Spirit of Divels, which goeth forth unto the Kings of the Earth, and of the whole world to provoke them to warre against the Saints; I meane, this binding of conscience, and forceing conformity, though never so much against knowledge and perswation of heart, which at this day is so hotly endeavoured preached, and pleaded for by the proud, Prelaticall Presbytrie of this Land, who by their subtile insinuations and secret delusions endeavour the infusion thereof into the hearts of their Rulers, and to beget it as a principle of faith in the multitude: Should they possesse a Parliament and Kingdome with this Spirit, that Parliament and Kingdom cannot expect peace and safety to continue; the fire may be smothered for a time, but it will breake out at last, as this Kingdome hath already found by woefull experience, the blood of its Nobles and Commons, &c. whereof my Lord, this infernall Feind (here araigned before your Honor, a Traitor to his Majesties Crown and Dignity, the priviledges of Parliament, Rights, and Lib. of the Subject) is the cause: Yea my Lord, he is Iakce on both sides, it was he that occasioned the feares and jealousies betwixt his Majesty and the two Houses of Parliament, and unhappily drew them into the Feild of Blood, neither party would be oppressed in Conscience, or deprived of their Religion; this was one halfe of the Quarrell, and publikely prosessed the main, though it may be Monarchie was the other halfe; and my Lord, he seduced the King into the North, and provoaked your Lordship unto Armes, and hath continued to this day firmely on both sides, so that fall which side it will, he concludes to be Conquerer, and be established absolute Monarke, for he so deports himselfe betwixt you both, that both may persecute, and hitherto he hath too much prevailed with your Lordship: Therefore my Lord, if this vile Incendiary (here happily detected and araigned) be not cut off from betwixt you, there is no hopes of peace, till the sword (and it may be famine, and pestilence too) wrestle it out to a Conquest on one side; and when all is done, yet peace will not, nor can possibly long endure; for where Persecution is, there will be heart burnings, envyings emulations, and murmurings, which at length will breake out into Commotions, Conspiracies, Insurrections and Rebellions. And thus my Lord, I give place to what shall be further evidenced by the Witnesses.

Clar.

GAFFAR CHRISTIAN stand up, what can you say for the King against the Prisoner at the Barre?

CHRISTIAN.

My Lord, I have knowne this man by woofull Experience, well nigh 1644 yeares: and my brethren of old, the Prophets, bare witnesse against him unto the day of my Nativity, that he was in their times the most Pestilent Enemy to Mankind, to God and all Goodnesse, that ever was borne into the World: and my Lord, I am able to prove his continuance in that cursed Condition even unto this day: so that he hath lived and scaped the hands of Iustice above 5660. yeares, and all his dayes hath been a Murderer and Butcher of good men, yet scarce any consider it.

Secondly, my Lord, this Prisoner, PERSECUTION for Conscience, maketh the Gospel of none effect, instead of Sincerity he setteth up Hypocricy, instead of the Feare of God, he setteth up the Terrour of men: instead of the Simplicity of the Word, he setteth up the Vsurpation of the Sword: for my Lord, the compelling of men against their Consciences, enforceth such Inconveniences and Impieties inevitably: Yea my Lord, of such a Divelish Spirit is this Enemy of, as he exalteth himselfe against the Mercy of God in Christ toward the sonnes of men, to the very prevention thereof to Multitudes, and the tumbling of them headlong without remorse to the Divell: for they that are blind, they that are Tares, who knowes but they may see, may become Wheate heereafter: but if they be cut off, (as this mercilesse Inhumane Mescreant useth) for their blindnesse, how shall they see? for (Isa. 38. 19.) The Grave cannot praise thee, they that goe down into the Pit cannot hope for thy Truth. Blasphemers may hareafter become faithfull Witnesses of Christ, Act. 3. 3. & 9. 5. 6. Idolaters, true Worshippers, no people of God, the people of God, as the Corinthians, 1. Cor. 6. 9. & some come at the first, third, sixt, & some not till the eleventh houre, Mat. 20. 6. but should those that are in their sins till the 11. houre be cut off because they came no sooner: they should have been prevented from conversion, or coming at all, as godly King Edward moved by his bloody Bishops, to the burning of a godly Woman called Ioan Butcher (Fox Act. Mon. p. 148. 4.) answered, will you have me send her quicke to the Divell in her errours. This is the service this PERSECVTION doth, instead of building he destroyeth, instead of saving he damneth, under the colours of Christ he fighteth for the Divell his Master.

Thirdly my Lord, his nature is at direct emnity against the very command Christ gave unto the Apostles in the Generall Commission: Goe teach all Nations, &c. Mat. 28. 19. where teaching, not violent compulsion is constituted, and once for ever ordained the meanes and only way for conversion to the faith of Iesus in all Nations: Now compulsion and perswation all know are directly opposite, as much as to will and to nill; So that the command of the one by the Authority of the Father, the Son, and the Spirit, is a flat denyall of the other by the same Authority: For here (ver. 19. 20.) by full power of that Authority, Teaching is commanded; as, teach all Nations, &c. teaching them to observe all things, what ever I have commanded, &c. Therefore, all violence, as by menaces. threates, imprisonments, bodily punishments, spoyling of goods, and such like cruelties of this tyrant, is condemned in all Nations as a meanes for no Nation in the administration of the Gospell.

Fourthly, my Lord, this Adversaries practice, and the Discipline of this old, envious, malignant wretch here justly araigned before your Honour, is quite contrary to the Apostles in their Administration of the Gospell; for they did never suggest, or stirre up any Prince, or Majestrate, (in whose hand is the compulsive civill power,) to force such by violence of penall Lawes, Edicts, Ordinances, Imprisonments, or the like, as would not suject unto their Gospel: but on the contrary, gave up themselves to scorgins, imprisonments, stoning, &c. which this Enemie occasioned against them, for the promulgation thereof: And the worst that they did, or were commanded to doe, to such as would not receive the Gospell, was but to shake of the dust from their feete, Mat. 10. 14. Luke 10. 11. Acts 13. 51. which was nothing so ill, as this Feind’s fire and faggot, burning, hanging, stoning, scorging, imprisoning, &c. whose nature hath ever been & is alwayes versant in such cruelties; and yet my Lord, this spawne of Satan, this malitious Hypocrite, doth all under the vizour of Religion, his woolfeish nature is never seen abroad, but in sheeps clothing, in nomine Domini he perpetrates all his villany: So that my Lord, he is a most dangerous inveterate Antichrist, and Arch-traytour to his Majesty (the King of Kings) his royall Crowne and Dignity, and an invadour and destroyer of the just Liberties, the lives and fortunes of his Majesties leige people.

Fiftly, my Lord, it is against the Law of Charity, not to doe as we would be done unto: He that hangs a Iew, because he will not be a Christian, would be loath a Iew should reward him in the same kind, because he will not be a Iew, though in equity he deserve it, for innocend blood requireth blood. Yea my Lord, to force men and women against their consciences is worse then to ravish the bodies of women and Maides against their wills: Yea, it is beyond the Turkish cruelty, for though the Turkes force the bodies of Christians and Strangers to slavery, yet they let their conscience goe free: But our late Idol blood-sucking Bishops, and after them our ravenous Presbiters, as towardly younge Cubbes forbeare not to force the consciences of their friends and neighbours, and imprison them for walking after the light God hath given them; And my Lord, it is this Malefactour which rendereth them so guilty: Yea my Lord, this Foule Spirit breathed into them at their Consacration is not yet cast out of them, which like a roaring Lion seeketh whome it may devoure: So that if your Lordships justice doe not speedely interpose the bloody resolves and villanous intents of our new upstart frisking Presbyters, we shall be all devoured by those greedy Synodian Cormorants, which if you suffer, Woe then to your Lordship in the latter Day, for be assured, that all the miseries, tortures, and torments they inflict upon us, will not only rise up in judgment against them, but even against your Lordship.

Sixtly my Lord, he usurpeth that to himselfe, which Christ hath referred to the Last Day, to wit, to judge them that reject him, for Iohn 12. 47. 48. If any man hear my words and before not, I judge him not, for I came not to judge the World, but to save the World: he that rejecteth me and receiveth not my words, hath one that judgeth him, the word that I have spoken, the same shall judge him at the last day. And 1. Cor. 4. 5. Iudge nothing before the time untill the Lord come. And Mat. 7. 1. 2. Iudge not least yee be judged, for with what judgement yee judge, yee shall be judged &c. and to these adde Isa. 11. 4. Therefore no man upon paine of judgement, must presume to judge any in respect of Christ or his words, but must referre it to the last day, whose word shall judge him, and not Fire and Faggot, Hanging and Quartering, Imprisoning &c. such are incompetent Iudges, for to this end Christ both died and revived, that he might be Lord both of the dead and the living. Let us not therfore judge one another any more, but judge this rather, that no man put a stumbling Blocke as an occasion of fall in his brothers way: for, Who art thou that judgest another mans servant? to his owne master he standeth or falleth. Rom. 14. 4. We are not equall Iudges one over another in matters of Faith, Who is it that shall condemne? it is Christ that dyed: What is he that shall dare to execute Vengeance for unbeleefe? He that is innocent let him throw the first stone. The Assembly (surely) will not plead Innocence, and if not, why are they so hasty to throw? Surely, Great is Diana of the Ephesians. Yet Mr. Calamy a man but newly Metamorphosed by a figure which we Rhetoricians call METONOMIA BENEFICII from Episcopallity to Presbytery: upon demand what they would doe with Anabaptists, Antinomians &c. tells us, That they will not meddle with their Consciences, but with their Bodyes and Estates. Truly if this be the drift, they are even leapt out of the Frying pan into the Fire. If they be fallen, this is not to restore them with the Spirit of meeknes. But my Lord, Iustice upon this Malefactour would cure the Synodians of that Disease, for Patience per force is a Medicine for a madde Dogge. And thus my Lord, your Honour hath my Testimony of this Malefactour.

Clar.

GAFFAR MARTYRS, What can you say for the King against the Prisoner at the Barre?

MARTYRS.

My Lord, Had not my life been hid in Iesus Christ, who is God of the living, and not of the dead, for though dead in the grave, yet I live unto him, to be raised and revived at the last day; or could the arme of flesh supresse the cry of blood, my witnesse would have beene disinabled: for this Malefactour PERSECUTION persecuted me even to the death; so that my voyce is no other then the cry of blood, even of the Prophets and Martyrs of Iesus, that you heare; for my Lord, such hath been his cruelty to me to suppresse my Testimony against him while I was living, that all the tortures and torment wit and malice could invent, he with his blood-thirsty Clergy devised against, and executed upon me, whereby I was most baberously murthered; so that my Lord, I have no other voyce left me, then that of blood, spilt for the Word of God and the testimony of Iesus, crying with a loud voyce, how long O Lord holy and true dost thou not avenge our blood? I could enlarge my selfe into a Sea of blood against him, discover him drunken with the blood of the Saints and Martyres of Iesus: yea my Lord, Articles of all manner of impiety against God, and all goodnesse, Treasons, Rebellions, &c. I could exhibite against him, but my faithfull brother, that pore despised CHRISTIAN, hath most justly witnessed abundantly against him: And there is yet an other faithfull Witnesse to give in his Evidence, Gaffar LIBERTY-OF-CONSCIENCE, who I know, is thoroughly furnished with matters of highest concernement against him, to whose just Evidence I shall give place.

Clar.

Gaffar LIBERTY-OF-CONSCIENCE, what can you say for the King against the Prisoner at the Barre?

Prisoner.

My Lord, before he proceed, be pleased to heare the just exceptions, Sir Symon Synod and Sir Iohn Presbyter after their so long and serious consultation have devised and contrived, why his Testimony should not be heard, as an unfit Witnesse in such a case as this.

Iustice Reas.

My Lord, if Baal be God, let him plead for himselfe.

Iudge.

And reason good: For the judgment of this Court is not to be swayed by favour, affection, humour of multitudes, or the like, but by Reason and equity it selfe: Wherefore for the more free and just proceding herein this Court Ordaineth and Proclameth freedome for both sides, one as well as the other, whether Presbyterian Tormentours or Independant Sufferers to give in their groundes and reasones to the Sentence of this Court, whether LIBERTY-OF-CONSCIENCE be tollerable, and his Evidence to be received. Wherefore Sir Symon, if you have any thing why this mans witnesse may be disinabled, you have liberty to speake.

Sir SYMON SYNOD.

My Lord, this fellow LIBERTY-OF-CONSCIENCE, is a Free-willer, a loose Libertine, one that opens a gate to all manner of prophanes, in what Countrey or State soever he gets entertainement, a man of all Religions and of no Religion, a compound of all heresies, scisme, and faction; a pestelent enemie to Nationall Conformity, our late Solemne League and Covenant, a Tratour to your late sacred and blessed Ordinance for Tythes, a worke of Superarrogation, a Confuter of our mighty Champions Mr. Prinne, Edwards, &c. He is for no Reformation, but strives to frustrate all my endeavours, and the pious ends of the rest of my holy brethren of the Tribe of Levi, for the advancement of the Church of God, the Clergie of the Land, with ecclesiasticall Revenue, and power coercive to curbe opposition, and force Reformation to Presbyterian Governement: yea my Lord, this is he that would reduce the Nationall Reformation of this Kingdome, so much endeavoured by your ne Lordship, even to open loosensse, every man to be of what Religion he list, every mecannicke illiterate fellow to turne Preacher, and be as good as their Minister, no distinction made betwixt the Clergie and the Laity, our Canonicall Coates, Girdle: long Cloakes and Blacke Gownes made a dirision, a taunt, and a curse, as ominous as Lawne sleeves and as hatefull as a Miter, our holy Tythes, as of Lambe, Pigge, Goose, &c. be turned unto voluntary Contribution, oh insufferable sacraledge! from the good will of the people good Lord preserve us yea my Lord the upper hand in publike places, (the Clergies delight) as, in streets, at feasts, &c. be deny’d us, the reverent estimation of our Coate be past either Cap, Congue, Cur’tsey, no difference betwixt the Black Cassaocke and the Louthren Iacket, and all our goodly fat Benefices turnd to the labour of our hands (alas my Lord, we were never brought up to labour, we cannot digge, and to begge we are asham’d) our delusions, false Glosses, Sophistications, and godly prerences be detected, and divulged, and so all things that are dainty and goodly to depart from us: alas, alas my Lord! this will undoe the Clergie quite, we may leave our Callings, and learne new Trades, if we turne Coblers, Tinckers, and Weavers we may chance get constant worke, is not, now and then a job of preaching amongst the people; Consider my Lord, it will put out the two eyes of the Kingdome: Much more I could say, but I shall give way to my Son Sir Iohn, who by your Lordships favour shall further informe this Court in the defence of this Prisoner.

Iudge.

Well Sir Symon, this being a busines of high concernment, either what you or your Sir Iohn, or what any man else can say in the behalfe of his Majesty concerning the Prisoner, this Court freely permitteth, yea commandeth Information thereof.

Clar.

Call Sir Iohn Presbyter, sonne to Sir Symon.

I. Reas.

Magus.

Crier.

Sir Iohn Presbyter sonne to Sir Symon come into the Court.

Iudge.

Sir Iohn your Father hath informed us, that you have, matter of exception against LIBERTY-OF-CONSCIENCE, if you have, the mercy of the Court permitteth the Prisoner the benefit thereof.

Sir IOHN PRESBYTER.

My Lord, My Reasons against LIBERTY-OF-CONSCIENCE, why both himselfe and his Evidence is to be rejected, are these.

1. Because I suppose it must needs be granted,Edwards Antipol. pag. 280. that the Majestrate is custos ac vindex utruisque Tabulæ, (as is confessed by all Orthodox Divines) that the care of Religion belongs to him: And because Austin and other Divines on Psal. 2. 10. 11. and on Deut. 17. 19. give unto Magestrates that power. Ergo.

[I. Reas. States-men must weare Bells about their neckes, because antient Divines say, Kings are but Packe-horses to the Clergie.]

2. Because in this Kingdome the Reformation in Worship, Government,pag. 281. &c. which shalbe setled and established by your Lordship is judged and taken for granted by you to be according to the mind of Christ; else why hath your Lordship called so many able, godly, and learned Divines (of us) to consult with for that purpose? and why else will you establish it, if there be any other more agreable to the Word? Ergo.

[I Reas. The Synod is guided by the Holy Ghost sent in a Cloake-bag from Scotland, as of old from Rome to the Councell of Trent, Concil. Trent. lib. 6. p. 497.

3. Because it is against the solemne League and Covenant for Reformation, taken by the Parliament and Kingdome of England and Scotland,pag. 282. & 283. and so cannot be condescended to in England without the breach of that Oath and Covenant: So that all Apollogie and motion for Toleration comes too late, the dore is shut against it, the Kingdomes hands are bound, so that if a Toleration were not in it selfe unlawfull, and against the duty of the Majestrate, yet now because of the Oath and Covenant ’tis unlawfull; so that whatsoever might have been granted before, cannot be now, least the Kingdome should be guilty before God of Covenant breaking. Ergo.

[I. Reas. Because the Assembly hath sadled the Parliament, it is unlawfull for the Presbyters to goe a foote. Ergo, Persecution was unlawfull when the Priests were persecuted, but now it is lawfull they persecute. Ergo, Toleration was lawfull, and the duty of the Majestrate when the power was in the hands of the Bishops, but now the Presbyters are crowding into S. Peters Chaire, the Parliament is bound to compell all men to the Decrees of the Assembly, as that impudent, and desperate Incendiary Mr. Edwards boldly and openly affirmeth, an Assertion able to divide the Kingdome in twenty peeces.]

4. Because it is against the greatest lights in the Church both antient and moderne, as Augustine, Ambrose, Calvine, Phillip Melancton, Zinchius,pag. 281. Musculus, Bullinger, likewise the judgement of the Devines of New England are against the Toleration of any Church Governement and way but one, they will not suffer Brownists, Anabaptists, &c. Mr. Cotton the greatest Divine in New England, and a pretious man, is against Toleration, and holds that men may be punished for their Consciences, as will appeare by his Letter to Mr. Williams. Ergo.

[I. Reas. Presbyterian Governement is unlawfull, because Mr. Cotton condemnes it in his Booke intituled, The Keyes of the Kingdome of Heaven.]

5. Because at this time for want of setled Governement,pag. 289. people being left to so great liberty, multitudes are fallen, and doe daily to Antinomianisme, Anabaptisme, Independancy, yea to deny the Immortality of the soule: Ergo,

[I. Reas. One Anabaptist, Independant, or the like, that can render a Reason for what he holds, is better then seaven Presbyters that conclude from such bald Promises., Prov. 26. 16.] [Here the Authour of that Booke, instituted Mans Mortality, desires Mr. Edwards with those that are so invective against it in their Pulpits that they would cease their railing at it there, and come forth in Print against it; for the thing being so rare, so litle questioned, and the contrary so generally concluded as a principle of faith, any bumbast stuffe will passe there for authentike with the people without tryall, but if it be put forth to publike vew, it must expect an encounter by one or other, and therein the Authour of that Booke observeth the policie of his Presbyterian Adversaries to maintaine their repute with the people, in being so hasty in the Pulpit and so slow to the Presse]

6. Independants,pag. ibid. and all kind of Sectaries as long as they have their liberty, snuffe up the wind, and will not hearken to any way whereby they may receive satisfaction, but if once the Majestrate declares, and by Lawes concludes one way of Church Worship, it may be they will heare reason. Ergo,

[I. Reas. It seemes the Presbyters till then can rendor them none, for the reason and force of that Argument lies in take him Goaler. Ergo, If once the Majestrate declares, and by Lawes concludes all the fat Benefices of the Kingdome upon Independancie, then it may be the Presbyters will heare reason and turne Independants.]

7. Independancie hath ever been from the first to the last,pag. 294. a Fountaine of evill, roote of bitternes, divisions, &c. as the Histories of the Anabaptists (the highest forme of Independancy, and Church way) declare, in respect of the evils they fell into, and the mischeifes they brought upon Germany, and how God cursed and scattered them. Ergo,

[I. Reas. If the King conquer, the Parliament wilbe Traytours to posterity by Cronicle; for who writ the Histories of the Anabaptists but their Enemies?]

8. My Lord,pag. 297. because the Presbyterian way hath been countenanced from Heaven, and blessed from sorts of sects, &c. and that for almost an hundered yeares: Ergo,

[I. Reas. Both Papall and Episcopall is better then Presbyterian, for they are, and have been more uniforme, and have continued many hundred yeares longer then Presbyterian, and were long before Presbytrie was thought on: for alas, it was but a shift at a pinch the Divell made, when neither of the other would serve his turne; and so came up Presbytrie, but what good the Divell will have out I know not; for who knowes the lucke of a lousie Curre, he may prove a good Dog?]

9. My Lord,Pag. 302. If Toleration of Government though not of Doctrine should be granted, then the simple Anabaptists, and that simple sort called Dippers will come in too, saying, that Baptisme at such an age, and Baptizing in Rivers by Dipping are but matters of order and time: Ergo,

[I. Reas. He that desembleth hatred with lying lips, and he that inventeth slander is a foole, Pro. 10. 18.]

Wherefore I humbly beseech your Lordship,pag. 303. seriously to consider the depth of Satan in this Designe, of Toleration, how this is now his last Plot and Designe, and by it would undermine and frustrate the whole worke of Reformation, ’tis his Master peece for England. I am confident if the Divell had his choyce, whether the Hierarche, Ceremonies,pag. 304. and Liturgie should be established in this Kingdome, or a Toleration granted, he would chuse and preferre a Toleration before them.

[I. Human. That is of Presbyterian Compulsion, because Episcopall in England is worne out of Date: Mr. Edwards knowes the Divell is not so simple, to chuse Hierarchie, Ceremonies, &c. where their deceit is detected, hated, and rejected, it seemes has better acquainted with him then so, the next time he writes, we shall have more of the Divels mind, but it is likely he’ll have finished his Designe first, and then it may be, Mr. Edwards will tell us, that the Divell is better perswaded of Presbytrie (his last shift) then ever he was of Episcopacie, he will be so serviceable to him therein, for if Mr. Edwards and the Divell be not deceived, be intends with it to devoure, breake in peeces, and stampe the residue the Hierarchie hath left under his feete, so to weare out the Saints of the most High.]

And thus my Lord, you have my Reasons, why this fellow LIBERTY-OF-CONSCIENCE is not to have admittance within the verge of this Kingdom, much lesse to enter thus into the bowels of this Court to give in Evidence, to be proceeded on upon the life and death of this holy man, Mr. PERSECVTION.

Lib. Cons.

My Lord, Sir Iohn’s a pritty forward child, that can pratle thus before he have his teeth; thy say he hath been breeding of teeth ever since the the Assembly were in consulation; surely they’ll be huge, long, boarish tuskes when they come out; should your Lordship but cause his mouth to be opened, you might see great iron teeth lie in his gummes, ready to cut, he wants nothing but a Parliament Corall to whet them with all: but my Lord, were he mine, I would knock out his braines with an Independant Hammer, to prevent the groweth of such teeth, for Daniell tels us the nature of great iron teeth. Nou whereas my Lord, he excepteth against my witnesse, I humbly conceive, the equity of this Cours cannot receive his exception against me in the justification of this Butcher and murtherer of good men, seeing himselfe is a mercilesse in humane Butcher, the son of a Butcher, yea my Lord, his Grand-father and Great-Grand-father were Butchers; for whereas my Lord, he hath acquired the name of Sir Iohn Presbyter, in truth he is a Priest, the son of a Bishop, Grand-child to the Pope, and the Divell is his Great-Grand-father, all murtherers and Butchers of Gods people. Therefore good my Lord let not mine Evidence be thus unjustly disinabled.

Iudge.

LIBERTY-OF-CONSCIENCE, you are sworne for the King, to give in your Evidence in his Majesties behalfe against the Prisoner at the Bar; and the challenge against you being such as may be dispenc’d with, you are to proceed in your Evidence.

LIBERTY-OF-CONSCIENCE.

My Lord, To what the former Evidence have testified I shall with brevity adde, that this Malefactour PERSECUTION destroyeth the Innocent with the wicked, contrary to the command of Christ, Mat. 13. 30. let the tares and the wheat grow together untill the harvest, from which Parable appeareth, that the Kingdome of heaven or Christs Government over the whole world doth strictly charge his servants, the Kings and Rulers of the Earth (for by him Kings raigne) to suffer tares; Turckes, Jewes, Pagans, and Infidels, as wel as Christians to grow or live together in the Feild of the World, their Dominions untill the Day of harvest, or desolution of all things, and not plucke them up, because they are Tares, Turckes, Iewes, Pagans, &c. least they plucke up such as may become as the Pillars of Solomon in the House of God, even glorious witnesses of Jesus Christ: What greater Rebellion therefore can there be by those Servants to the Housholder, then to plucke up the tares from the wheat? As their office brings all under their Dominions, so it is to preserve all in their Dominions, that tares and wheate, Infidell and Beleever may grow and live peaceably together in civill cohabration, commerce, &c. in their Dominions untill the Harvest, or end or all things, when the Lord of the Harvest shal seperate the tares from the wheat, with come yee blessed, goe yee cursed, &c.

Secondly my Lord, he depriveth the Iewes (as much as in him lieth) of their deliverance according to the Covenant God made with their Fathers from this their Captivity, notwithstanding the wrath of the Lord threatned against them, that shall evill entreat them therein, Zach. 2. 8. Esa. 54. 15. 17. cap. 15. 22. 23. for my Lord, he hath made the name of a Iew as hatefull as Iudas; yea, his nature is not to leave a man of them to pisse against the wall. Now my Lord, though the Iewes are led captive by the Gentiles under the time of the Gospell, and though the naturall branches are broaken off, and the Heathen grafted in, yet still they are beloved for their Fathers sakes Rom. 11. 28. and are not to be persecuted for their infidelity, for he that toucheth them, toucheth the apple of Gods eye: What though they are stumbled? shall we boast our selves against them? God forbid; for if wee that are wild by nature be grafted contrary to nature into the good Olive Tree, how much more shall they which are naturall branches be grafted into their owne Olive Tree againe? Therefore the Apostle would not have us ignorant of this Mystery, that blindnesse in part is hapned to Israel untill the fulnesse of the Gentiles be come in, and all Israel shalbe saved, Rom. 11. 25. 26. compated to Isa. 49. 22. 23. Deut. 30. 1. 2. 4. 5. Amos 9. 14. 15. Now what hindereth their salvation and deliverance so much as persecution, for they are even led captive by PERSECUTION, and made slaves to him even to this day? And how shal they beleive, if they shal have no time given them to beleive? this divelish Spirit gives them not a minute, he will not suffer a Jew to live amongst the Christians, or come neare him: what hopes then is there the Iewes should be converted, where this Tyrant is in force? Shall we that have receive vantage by their rejection, thus recompence them with tyranny? our Lord whome they slew, would not have them slayen, but they are beloved of him, and himselfe will be their Deliverer, Rom. 11. 26. 27. 28. yet this Incendiary hath caused our Kings, and our Rulers, our Bishops and our preists not to suffer a Iew by authority to live amongst them; how then can we complaine of the vengance that is at this time upon us & our children, that have been so cruel, so hatefull, so bloody minded to them and their children? we have given them the cup of Trembling, surely we must tast of the dregges: Hearken therefore no longer to those which teach this bloody doctrine of persecution, for neither they, their preachings, fastings, weepings, long prayers, &c. can deliver in the day of distresse, as long as ye persecute Behold, yee fast for strife and debate, and to smite with the Presbyterian fist of wickednesse; but this is the Fast which the Lord hath chosen, to undoe the heavy burthen, and to let the oppressed goo free, and that yee breake every yoake.

Thirdly my Lord, He is a murtherer of Kings and Princes, &c. for the murthering of heriticke Princes is the naturall brat of this divelish Spirit; for from this ground, that the contrary minded are to be forced, the Papists justifie the murthering of Hereticks, making all Heretickes which seperate from them; for that Religion that is bottomed on this principle that all must he forced, will they, nill they, where it cannot force, must murther: so cometh it to passe, so many Kings have been murthered, by the Papists, because casting of the Romish yoake, they free themselves from their power of forcing, therefore the Papists to make good their courcive principle, betake themselves privately to murther such Princes, to prevent a countermanding power, and keep all in their catholicke subjection; so that such as would have all forced, where they cannot force, is to be feared, will privately murther: Therefore it is dangerous for a King, to trust his person with such men, for if the King should change his Religion, to one opposite to theirs, who knowes, those men will not doe as their principle leads them, even murther their Prince; but on the contrary, that Religion that is grounded on the principle of meekenesse, patience, and long sufferance, instructing the contrary minded, and utterly contesting against all compulsion, cannot in the least measure administer any feare or danger unto Princes of their persons, be of what Religion they will, for be they of any Religion or of no Religion, for matter of violence it is all one to the Spirit of meekenesse, for its nature is only to perswade, not to compell; if by faire meanes it cannot prevaile, it hath done, committing the issue to God.

Fourthly my Lord, He is an utter enemy to all spirituall knowledge, a hinderer of its encrease and groweth; for no man knoweth but in part, and what wee know, we receive it by degrees, now a litle, and then a litle; he that knowes the most, was once as ignorant as he that knowes the least; nay, is it not frequent amongst us, that the thing that we judged heresie we now beleive is orthodox; now can such thinke themselves were worthy to beene persecuted in, and for that their ignorance? they cannot sure be of that mind; such therefore cannot condemne, imprison, or hang the ignorant, or such as discover or oppose their ignorance, but in that they condemne themselves, sinne against nature and their own knowledge: The twelve at Ephesus that had not so much as heard whether there were a Holy Ghost or no, if they had been so evilly used by Paul when he heard it, how should they spake with tongues, and prophesied? yet we see how common a thing it is, if we know not, nor beleive so much as the multitude knoweth or beleiveth, or the Doctrine of the Presbyterean Church requireth, we must be persecuted; and if our knowledge goe beyond them, that we protest against their errours, and labour to informe them better, we must tast of the same sauce too, so that wee must know nor beleive neither more nor lesse then they, but must beleive just as they beleive, or else be persecuted; as if a Statute should be enacted, that an Image should be made, and all that were higher or lower then the Image should be hanged: By this we may see, what an unreasonable thing it is evilly to entreat such as we judge ignorant and erroneous, or all to be erronious and heriticall that we understand not our selves: What shall we say then of such Ministers, that of rationall creatures would teach us to be thus unreasonable? their end is destruction, their belly their God, they serve the Parliament but for their owne bellyes, and by good words and faire speeches deceive the simple: These uphold the accursed Doctrine of Persecution, least liberty of printing, writing, teaching, should discover their deceipts, and they be dis-inherited of their Fathers Inheritance; their intents are plaine to him that hath but halfe an eye to see, they’l not doe much, only change the title, before it was Episcopal Prelacy, it shall be now but Preistly or Presbyterian Prelacy, so that, he that lives but a small time shall surely see a Presbyter as fat as ever was a Bishop; those are enemies to all knowledge, that is either too short or beyond their bellyes, therefore is it, that all heads must be made even with the Presbyters, none higher nor none lower, just as tall, and no taller, he that is too short must be stretched out, and he that is too long must be pared even, least they should misse of their Prayers, give us this day our dayly tythes, that the Germaine proverbe might be fulfilled, phophen geizegkeite, Gottes barmehartzegkite, were bis in ebekeite, the coveteousnesse of the Preists and the mercy of God endure for ever; I would exhort them to be otherwise minded, but that I know, venter non habet aures, the belly hath no cares.

Pris.

My Lord, I beseech you heare me after this tedious Accusation, it is false and malitious, as by sound reason, and Personages of Honour I shall clearly evidence: First my Lord, as for GODS VENGANCE my Prosecutour, both the Iuries, with divers others, together with the witnesses, enforced him to prosecute me, and I know not by what pretence they procured GODS VENGANCE against me; for my Lord, I am innocent, and ever have been from my Cradle from such and so hainous accusation, as is laid to my charge: And for that fellow, that pretends he hath knowne me since the comeing of Christ, he is a man of no reputation, without habitation, a beggerly fellow, a runagate, a loose fellow, he stayes in no place, keeps no hospitallity, blaspheameth that most divine, Liviticall, ever to adored Ordinance for Tythes, and counteth it as an unholy thing, paies none where he lives, but sharkes here and there, where he can shufle in his head, runnes from house to house, to delude simple women, who are ever learning, and never learned; and where as he saith, his name is CHRISTIAN, his name is not CHRISTIAN, neither is he of the generation of Christianity, but a most factious dissembling Anabaptist, a Tubpreacher, and no Christian, as Sir Symon, Sir Iohn, and divers other reverend, and honourable persons here present can witnesse: As for Gaffar Martyrs, he is as a sounding brasse and tinckling Cymball, who though he giveth up his body to be burnt, himselfe is but a castaway, and this I am able to make good unto your Honour, by the most grave, and solid judgment of all the reverend Divines, the Clergie of Christendome: Therefore my Lord, it much mattereth not, what his Evidence is, it being but the malice of an Hereticke: And as for LIBERTY OF CONSCIENCE, Sir Symon, and that blessed babe, his Sonne Sir Iohn, (sanctified from his mothers wombe, the Synodian Whore of Babylon,) hath informed your Honour of the unworthynesse of his witnesse. My Lord, I desire Sir Symon may speake in my defence.

Sir Symon.

My Lord, this Gentleman here arraigned, is altogether innocent from this accusation, I have had antient familiarity with him, a dayly society hath past betwixt us, and I never could find any such thing in him, and my Lord, here is Mr. Pontificall Revenue, Mr. Ecclesiasticall Supremacy, Mr. Nationall Confirmity, Mr. Rude Multitude, Mr. Scotch Government, and mine only Sonne, Sir Iohn Presbyter, all to witnes his innocency from this Accusation: And if your Lordship make any scruple hereof, that learned Gentleman, Iustas Conformity, of Lincolns Inne Esq. can thoroughly resolve you, both by Scripture Texts, Presidents of all sorts, and the constant interrupted practises, examples, of the most eminent Emperours, Princes, Councels, Parliaments, &c.

Lib. Cons.

My Lord, the Defendant smels of a fat benefice; see, see, his pockets are full of Presbyterian Steeples, the Spires sticke under his Girdle: ha, ha, hah; instead of Weather-cocks, every Spire hath got a Blacke Boxe upon it, and in it the pure and immaculate Ordinance for Tythes, Oblations, &c. Sure shortly, instead of Moses and Aaron, and the Two Tables, we shall have Sir Symon, and Sir Iohn holding the late solemne League and Covenant, and that demure, spotlesse, pritty, lovely, sacred, divine, devout, and holy Ordinance for Tythes (the Two Tables of our new Presbyterian Gospell) painted upon all the Churches in England. Oh brave Sir Symon, the Bels in your pocket chime all in while ours chime all-out: I pray you give us a Funerall Homile for your friend here before he depart, here’s twenty shillings for your paines, you know’t is sacraledge to bring downe the price, As it was in the beginning, is now, and ever shall be, world without end. Amen.

Crier.

Make way there for the Iurie.

The Iurie withdraw, and thus fall into debate about their verdict.

Creation. Gentlemen, from the Evidence of the Witnesses against PERSECUTION, I clearely perceive, that he is of so divelish and unnaturall disposition, as is not compatible with the workes of the Creation, all creaturs of a kind associate, feed, and converse together, there is a publicke freedome of all kinds amongst themselves, the Oxe, the Asse, the Sheep, and all sorts of Cattell; the Dove, the Sparrow, and all kinds of Birds have a State harmony, a publike Toleration, generall Concord and unity among themselves in their severall kinds: but this Malefactour as from the Witnesses is evident, unnaturallizes man-kind above all kinds of Creatures, that where he rules, no peace publike, or private; no freedome, rights, or liberty either civil or spirituall; no society, cohabitation, or concord Nationall nor Domesticke can possibly be amongst men, but envying, hatred, emulation, banishment, &c. Wherefore, from the consideration hereof, and of what the Witnesses have given in, to me he appeareth guilty, what say you Mr. Gospell?

Gosp.

Mr. Foreman, Whereas it is by Sir Iohn and such like urged, that the Kings of the Gentiles have equall power with the Kings of Israel of old: understand, that their supremacy was but for a time, untill Shiloh came, and no longer, to whome then the gathering of the people should be; he came to take away the First, that he might establish the Second, being made Mediatour of a better Covenant, established on better promises, the forgivenesse of sinnes, and the guift of eternall life: But he that despised Moses Laws, dyed without mercy under two or three witnesses. The old Covenant was over the Old man, and its Condemnation or punishment was over the Old man, to wit, this corruptable fallen State of Mortallity, and therefore they executed death upon the transgressors thereof. The New Covenant is over the New man, to wit, the Spirit that shall be raised out of this corruptable at the Resurrection; therefore hath it the promise of forgivinesse of sins, and eternall life; the penalty of that, temporall death, the death of the Old or earthly man in this life; the penalty of this, everlasting death, the death of the New or spirituall man in the life to come; wee are New Creatures or New men now but by faith, not actuall till the Resurrection, we are to live as if we were raised againe, for the condition of the Gospell is not to us, as the Condition of Innocency was to Adam, a Condition in this present State of this present State, as his was to him, to wit, the Condition of immortallity in immortallity; but ours a condition in present mortallity of future immortallity: so is it, that mortallity being swallowed up of life, we are presently under the end of its Condition, Salvation, or Condemnation. Therefore as the Resurrection cannot possibly be but by Christ, so the penalty cannot possibly be by other; it is out of the Spear of this world, therefore out of the power of the Princes of this world, as they cannot be Mediatours of the New Testament, so they cannot be punishers therein; Therefore to punish the Offenders therein, is to attempt the Throne of Christ, and usurpe (as much as in them lieth) his Mediatourship: Therefore hath he referred the contemners of his Gospell untill the Iudgment of the Last Day. And for that in Isaiah 49. 23. And Kings shall be thy nursing Fathers, and Queens thy nursing Mothers: it is a Prophesie of the deliverance of the Iewes from their Captivity, to whom Kings and Queens shall be assistant in their returne to the Land of their Forefathers, as ver. 19. 22. 23. 26. &c. witnesse.

Politicke Power.

Mr. Foreman, Salvus populi, the safety of the people, is the Soveraigne Law, or fundamentall constitution of Civill Government: therefore though Majestracy hath been corrupted and abused, (as appeareth by our Evidence) to the terrour of the most virteous, conscientious, well-minded men, and the maintenance and protection of the wicked; so that it hath been perverted from the generall good if all sorts, sects, and societies of people, unto this or that sort or sect; yet this evill in Majestracy is to be cut off, ne pars sincera trahatur. And Mr. Foreman, it appears by our Evidence, that PERSECUTION is the originall of the disease, therefore to be cut off, least the whole politique body perish: For where Persecution is, what dissentions, mutinies, tumults, insurrections, uproares, and divisions; what conspiracies, Treasons and Rebellions; what bloodshed, cruelty, and inhumanity hath been by our Evidence declared, the which by our owne experience we find verified in divers Kingdomes, States, and Provinces: for doe we not see, betwixt the Catholicke Cause and the True Protestant Religion (so cal') the Christian world is embrewed with blood, destroying and devouring one an other: the dashing of those two imperious, ambitious, insolent Religions, the Papall and Protestant together besides what it hath done to the House of Austrea, &c. hath split the Dominions of this politique body asunder, that they wallow in one an others vitall blood, burning, destroying, and ruinating all before them; how many Townes, Villages, and sumpteous buildings have been burnt? what Tillage and Meddowes laid wast, and how many thousands of innocent soules have been slayen in Ireland contrary to the end and foundation of politique Government? and doth not England tast even the dregges of this Cup, yea swallow it downe with greedynes, that we are even drunke with one an others blood, enraged with madnesse, cruelties, &c. without all hopes of peace till one of these persecuting Religions have devoured the other.

Mr. State-policie.

Mr. Foreman, though from Rome, the spirit of Persecution is conveyed into most sects of Religion, and is dayly found to the shame of Religion among such as are or would be counted religious, and most States, and Kingdomes being rent with such persecuting Religions, therefore the Kingdoms of Christendome have judged the Toleration of divers Sects inconsistent with State policy; yet Politians would they consider, need not in curing one mischiefe run upon a greater; for such good and wholesome meanes might be provided, as in a small time this violent spirit might be worne out, the next generation be of a better temper, and length Persecution to be as rare as now common, and a more placable peaceable spirit consiliated among the generality of men: And seeing this impatient, violent, ambitious spirit is so dangerous to Civill Societies, their freindship & unity, so destructive to publike peace and safety: It is therefore necessary, that Kings and all Governours, whose Office is, that all may lead a peaceable and quiet life under them, should in policy to the generall good, see to the securing of their Dominions from this factious spirit, by such whole some strict Lawes as may best conduce to the suppression thereof, as of Treason, Rebellion, or the like; for all are Traytours and Rebels in their hearts to the publike peace, and generall good of humaine societies, salut populi, the peoples safety, (which our State counteth the supreame Law) which are of a persecuting spirit; for it is in direct opposition to that Law; And who more guilty then the Papist and the Protestant, when one is too mighty for the other, the Papist stronger then the Protestant, the Protestans stronger then the Papist, the stronger is so ambitious and fiery zealous for his owne cause, especially the Papist, that one place is too hot for them both, and the Protestant as he is a persecutour of the Papist, so as well as the Papist, is he a Persecutour of Anabaptists, Brownists, Antinominians, Independants, &c. but they persecute none, but seeke the generall good, peace, and safety of all Sorts, Sects, and Societies of people, yea even of their Enemies; so that as Papists are Enemies and Traytours to the safety of all Sorts, Sects, and Societies, so are the Protestants, considered in this persecuting capacity, both persecuting; therefore in this sense their Religions are both trayterous, desperate, and dangerous to the Publike Good: Therefore it ought to be the care of those Kingdomes and States where those persecuting Religions are, to purge those Religions of this malignant persecuting spirit, this trayterous-disposition, for Religions may be absolute, yea the Protestant more truley Protestant, if cured of this pestilentiall disease of persecution, for indeed persecution is no part of Religion, but a meer spirit of Treason insensibly insinuated, and distill’d into Religions by Popes, Bishops and Preists; so that ignorantly the members of those Religions are made Traytours to their owne Rights and Liberties, and so enslaved to the trayterous designes of the Clergie, the very roote of Treason; for indeed the Teachers of Persecution are the Archest Iesuiticall Traytours of all, whether Papist, Protestant &c. such as Mr. Edwards, who most impudently and trayterously saith in his Antipologie, that the Parliament is bound in duty, to compell all men to the Decrees of the Assembly.

Mr. Polit. Power.

Mr. State-policy, I commend your policy herein, for indeed Mr. Edwards in so saying, is a Traytour to politique power: But I pray you proceed.

Mr. State-Policie.

Well then, as all are borne subjects to their Kings, so are Kings to see, that all may have their Birthright, Liberty, and Priviledge of Subjects, that all may be kept in the generall Bond of peace, of what sort of sect soever, for as Lucius Lavinius said to King Iames, all the different members being wrapt up in the skine of one constitution, need no stronger obligement, to uphold the whole then their owne interest: Therefore, were the devouring principle of persecution weeded out from betwixt all Religion, they might all enjoy their publike safety to the generall enlargement and strengthning of politike power, for the strength of the King lies in the multitude of people, so that it is most consonant to State policy to include all, rather then deprive any of publike protection.

M. Nationall-Loyalty.

Mr. Foreman, this is a matter of great weight, that we have in hand, therefore not sleightly, but seriously to be weighed, and deliberately examined both from our owne knowledge and experience, as from the just Evidence given in by the Witnesses, (for I conceive, this prisoner is antiently knowne to us all) that wee may be better enabled to give in our verdict, wherefore having something to say of antient experience, I shall first desire Mr. State-Policie, since he hath given us an hint of wholesome meanes that might be used, to prevent and suppresse this turbulent rebellious Spirit of Persecution, that he would declare what further he hath in his thoughts thereon.

Mr. State-Polic.

That which in it selfe is wicked, neither honourable to God, allowed by him, nor profitable to man, but dangerous and destructive to common safety and peace, falleth under the Sword of the Majestracy, and the Majestrate may lawfully use such meanes as shall best secure the publike peace from the evill thereof: Now since the generality of the people are possessed with this Evill Spirit, infused, nourished, and preserved in their hearts by Popes, Bishops, Preists, and (at present in the Land) by the trayterous Synod, called the Assembly of Divines, who labour with might and maine to establish and setle this trayterous spirit in the Land; and further, since all by compulsion are to be forced to the Civill peace and publike unity, and all are to be defended and preserved under the publike freedome, one as well as an other; therefore to this end the Majestrate ought to bind all Religions, that no Religion have power over other, that all in the Generall have Toleration, and none in particular be offensive; for the Papist may be a Papist, the Protestant a Protestant without the power of Compulsion, the deprivation thereof is no wayes injurious to their Religion; as a man that hath a when, or a bunch that growes upon any member, may be a perfect man, and that a perfect member without it: Therefore to this end a Nationall Covenant would not be inconsiderable, to engage all in this publike freedome, that as all should be sharers in it, so all should be defenders of it. That no Protestant Minister or others should teach privately or publikely, either by preaching, writing, or conference any thing contradictory or distructive thereto. That no man upbraid, reproach, scoffe, deride, threaten, or doe any violence to any for his Religion, and such like: And that this be continued from Generation to Generation under such and such penalties as the State shall thinke fit; so that in a small time, if the Governours would hearken to the feare of the Lord, this oppression of conscience, which is now made State-Policie (condemned by the God of mercy and all mercifull men) would waxe out of date, and be cast out as abominable to God, and destructive to mankind: Then their feares and jealousies one of an other, which puts them in a continuall posture of war both offensive and defensive would be at an end; their Controversies would be of an other kind, faire and equall Disputes, and it is better and farre cheaper to provide words for Argumentation, then instruments of war for blowes and bloodshed, and would conduce I am sure more to the common good and safety; the one doth encrease knowledge, the other nothing but rage and revenge: by reasoning those that are ignorant would shortly see, how they and their Fore-fathers have been cheated of the Tenth of their encrease, fool’d, and nurs’d up in blindnesse by Bishops, Priests, &c. meerly to uphold their greatnesse, stuffe and cram their ungodly guts, that it is become a Proverbe, as fat as a Bishop, and how soone, if PERSECUTION be acquited, it may be verified on the Presbyters, I leave that to the issue, only I wish the people to try things themselves, and not trust too much to their Lippes, for their Lippes are Cozen Germaine to their Teeth, and this is most certain, they all speake through the Teeth.

Mr. Nation. Loyal.

Mr. Foreman, according to the Evidence we have received, and result of our consultation hitherto, he is guilty ipso facto of what is laid to his charge; and for mine owne part, I know that Toleration is not against Nationall Loyalty, but my well stand with Nationall peace, as by divers antient and moderne Examples I can make it appeare. Abraham lived among the Canaanites and Perizzites, Gen. 13. 7. & 16. 3. againe he sojourned in Egypt, Gen. 12. 10. after in Gerar, where King Abimelech bid him dwell where it pleased him, cap. 20. &c. 21. 23. 24. afterwards among the Hittites, cap. 23. Lot lived in Sodom, Isaack also dwelt in Gerar, yet contrary to the King and his Subjects, cap. 20. Iacob lived 20. yeares with his Uncle Laban in one house, yet different in Religion, Gen. 31. 30. 33. the Children of Israell lived 430. yeares in Egypt, Exod. 12. 40. afterwards were caried away to Babylon, where they remained 70. yeares, all which times they differed in Religion, yet no danger to the State: Sampson lived among the Philistines, Lot in the Land of Vz, yet their Religion though different was not disturbant to the State: And in the time of Christ, when Israell was captive to the Romans, lived divers Sects of Religions, Herodians, Scribes, and Pharises, Sadduces and Libertines such as denyed the Resurrection, and Samaritanes the common Religion of the Iewes, the Christian and Apostolick Religion, all which differed from the common Religion of the State; which in all probability was the worship of Diana, whome all the world almost then worshipped, Act. 19. 20. yet all these lived under the Government of Cæsar, not any wayes injurious to his Crowne and Dignity, or disturbant to the peace of his Government: but when Persecution arose, then the State was troubled by tumults, uproares, &c. And how doth Toleration injure the State of Holland, Poland, Trasilvania, &c. their Weales, States, and Citties are well and peaceably governed, divers Religions are in their Provinces, yet all have one harmony in matters of State, all united and engaged in the generall safety, peace, and tranquillity of their severall Kingdoms, States, and Provinces, wherein they so freely enjoy their severall safeties, protection and freedomes.

Mr. Liberty-of-Subject.

Mr. Foreman, besides what I have received from the Witnesses, of my own experience I know, that if PERSECUTION be not executed, the Liberty of the Subject (now in controversie) cannot be setled in this Land; for the Anabaptists, Brownists, Independants, &c. true and faithfull Subjects to the State, that stood to the publike cause, when the Priests & such like scurrelous vermine, durst scarce be seen in it, but Iesuitically caried themselves in an equall ballance betwixt both, that though the King had conquered, yet most of them would have kept their Benefices, a wise generation! I say, these more noble spirited men, that freely spend their lives, fortunes, and estates for the Liberty of the Subject, and that from the most noble and rationall principle, the Common Good and not for selfe respect, neither those of them which survive, nor the succeders in their faith shall enjoy this Liberty, their just Birth-right, but be wholy deprived thereof, and the purchase of their Blood be ceas’d and devoured by those Presbyterian Horse lecches, and confined to such blood-thirsty Cattle, which is directly opposite to the just Liberty of the Subject.

Mr. Compas. Sam.

Mr. Foreman, I have beheld the innocency of their intentions, and honesty of their lives, (to wit of Anabaptists, Brownists, &c.) their affections to the Common-wealth, their forwardnes of assistance in purse and person, knowing their Meetings to be so innocent, so far from confederacy or counterplots (pag. 3.) and yet their persons so hated, contemned, and belyed, such wounds made upon their consciences, that my heart aboundeth with greife, that their miserie should be thus passed by, their wounds so wide and deepe, and no oyle of mercy powred in: so that me thinkes, everie man is bound in conscience, to speake and doe what he can in the behalfe of such an harmeles people as these. (pap. 4.) Therefore, Mr. Foreman, being privy to the truth of the Evidence against PERSECUTION, the sole causer of their wounds and miserie, I conclude him, an enemie against God and all goodnesse, &c. and that he is guilty of the Indictment.

Mr. Truth-&-Peace.

Mr. Foreman, much I could say against the Prisoner, to witnesse the verity of the Indictment, but for brevity sake I shall referre you to the discovery I have made of his Impiety, Treason, Blood-shed, &c. in that Booke intituled, The Bloody Tenent, and I commend unto you, and to the necessary perusall of the COMMONNS and nobles of England, that most famous peece, called, The Compassionate Samaritane, as a most exact modell of rationality.

Mr. Light-of-Nature.

Mr. Foreman, whereas Sir Symon in the defence of PERSECUTION saith, that LIBERTY-OF-CONSCIENCE opens a gate to all manner of prophanesse, loosenesse, &c. the Light of Nature might teach him, that Toleration is no Approbation, or the suffering of Religions a warrant to be of no Religion, much lesse to publike prophanesse; for this comes within the compasse of that which Nature teaches the most ignorant, therefore within the reach of publike restraint, according to the Lawes of common modesty and civility, which Nature hath written in the hearts of all men naturally: Such publike Transgressions that are uncivill, unnaturall, and unbecomeing humaine society, as open prophanesse and loosenesse fall under the restraint, and correction of the Magestrate, whose power is over the things of Nature, those being offences of that kind: As the Majestrate is to maintaine the publicke peace, and all civill societies therein, so is it preserve publike modesty, comlines, and civillity, that there may be a generall comely demeanour as rationall creatures, so their carriage and publicke demeanours are to be rationall regular, and comely, and not openly licentious, prophane, and blasphemous, contrary to common sense, reason, and humanity.

Mr. Creation.

Gentlemen, we have spent much time, and our Verdict is expected, and the case is so evident and plaine, that I thinke what is done may suffice, if you Mr. Orphan, and Mr. Day of Iudgement be agreed with us in your Verdict, let us give it in: what say you?

Ambo.

We are agreed; guilty, guilty.

Crier.

A Verdict: Make way there for the Iurie.

Iudge.

PERSECUTION, hold up thy hand: Masters of the Iurie, looke upon the Prisoner, is he guilty of this Treason, Rebellion, Bloodshed, &c. in manner and forme as he stands indicted, or not guilty.

Foreman.

GUILTY my Lord.

Iudge.

PERSECUTION, thou hast heard the hainous Accusation, that hath been proved against thee, and the verdict the Iurie have given in upon thee, what canst thou say for thy selfe, to award the sencence of death from passing against thee?

Pers.

My Lord, the Iurie have not dealt honestly in their verdict, wherefore I appeale from them to the Assembly of Divines, for a tryall of their honesty in this verdict.

Iudge.

PERSECUTION, indeed thou stand’est need of a Long Cloak to cover thy knaverie; but there is no appeale from this Court, they are no Sanctuary of refuge in this case, neither can I conceive such worthy Gentlemen should perjure themselves, yet if thou hast any thing else to say, to award the Sentence of death, speake for thy selfe.

Pers.

I thanke your Honour, the Lord blesse your Honour: My Lord, I am so terrified in my selfe at the apprehension of death that I am not in case to speake for my selfe: I beseech your Lordship, that Sir Symon may speake in my behalfe.

Sir Sym.

My Lord, The enemies of our peace in this matter have dealt very subtilly, and most trayterously against the reverend Assembly of the faithfull, the Clergie, to divide them from your Lordships protection, to destroy and hinder the worke of Reformation, &c. for my Lord, this man here indicted by the name of PERSECUTION, is none of the man; for here is Mr. Nationall Conformity, Mr. Pontificall Revenue, Mr. Ecclesiasticall Supremacy, Personages of Honour, and eminencie through out whole Christendome, to testifie with me, that this Prisoner hath ever endeavoured to purge the Church of God from Heresie, Scisme, and all manner of irregular exorbitant courses, and laboured for the peace of the Church, that we may lead, a lazie and an easie life without God, and the people in the feare of the Clergie. Indeed my Lord, he was once of the Church of Rome, and thereupon generally branded by the name of PERSECUTION; but my Lord, for the hundred yeares and upward he hath been of the true Protestant Religion, even from the time of Luthar, and at this present en-devoureth with us the good of the Church in its restitution to Prelaticall Presbytrie: And upon his seperation from Rome with Luthar, he utterly renounced the nicke-name of PERSECUTION, and though unhappily through Jesuiticall suggestions & delusions he was too frequent in the Spanish Inquisition, and of late by Episcopall sophistications intised to officiate in the High Commission; yet my Lord, he was ever in himselfe an honest Reformer, and indeed his true name is Present Reformation, he was borne not long after the Primative times, but his nature and inclinations by evill Instruments have been so much abus’d, that he had even lost his name, and being nicke-named when he was yongue, and through long continuance of time, forgot his name, that indeed he answerd a long time to the name of PERSECUTION, but his true and proper name is Persent Reformation, which by Interpretation, is, Presbyterian Government: Wherefore my Lord, I beseech you consider the subtilty of this malignant hereticall faction, who have procured the apprehension and indictment of this Present Reformation under the odious name of PERSECUTION, thereby at once to make your Honor both ruine your selfe, and the Presbytrie of the Kingdom: therefore my Lord, whether the Iurie have dealt honestly in their Verdict, your Honour by this may esily discerne.

Iudge.

PERSECUTION, what sayest thou to this? Is thy name Present Reformation?

Pers.

Yes my Lord, and my name is according to my naturall disposition.

Iudge.

Who gave you that name?

I. Reas.

My Lord, his God-fathers and God-mothers in his Baptisme, wherein he was made a member of the Assembly, and an Inheritor of the Kingdome of Antichrist.

Iudge.

His God-fathers, and God-mothers? who are your God-fathers, and your God-mothers?

Pers.

My Lord, Mr. Ecclesiasticall-Supremacy, and Mr. Scotch-Government are my God-fathers, Mr. State-Ambition, and Mr. Church-Revenue are my God-mothers, and I was sprinkled into the Assembly of Divines at the takeing of the late solemn-League and Covenant.

I. Reas.

My Lord, he is at this time Primate and Metrapolitane over all the Ecclesiast Courts of Tyranny in the world, the Spanish Inquisition, the High Commission and now our Divines have sprinkled his federall Holynesse into their Assembly, and hereupon chang’d his name from PERSECUTION, and Anabaptis’d him Present Reformation.

Iudg.

’Tis strange, that at the makeing of the late solemne League and Covenant bloodthirsty PERSECUTION should be Anabaptized Present Reformation; then here’s a Designe of blood in the Covenant, if under the name of Reformation the Clergie have infused the trayterous bloodthirsty spirit of Persecution into it.

I. Human.

My Lord, there was never any Nationall or Provinciall Synod, but strengthned the hands of PERSECVTION, and that under the vizor of Religion.

I. Reas.

And my Lord, Sir Symon, and Sir Iohn’s agitation for PERSECUTION, is on purpose, to save this villaine, to cut their throats, that hazard, and spend their lives and fortunes for Us, and for the State of the Kingdome, such as have been faithfull in the publike Service, never tainted with Treason, or doubledealing, though the Kings negotiation with large promises have attempted it, even such cheifly, as they brand with the names of Anabaptists, Brownists, &c. those notwithstanding, they would have depriv’d of the liberty of the subject, yea of the liberty of their lives; and the sole cause hereof is, because they labour to informe your L. with rationall principles, and are zealous inquirers into the Gospel, from thence discovering the iniquity of the pontificall Clergie, and (labouring for the common good) communicate their understandings to the benefit of others, which prooving prejuditiall to the wicked ends of the Clergy, they labour with opprobrious names, lyes and slanders to make such odious, the better accomplish their ends, and in this Designe they have plaid their parts, for should PERSECUTION be put to death, the whole Clergy feare to be undone, as their exceptions against LIBERTY-OF-CONSCIENCE did manifest; they are afraid of the mercy of the people, they cannot endure to serve only for Conscience, their tongues are even with their bellyes, pinch their guts, and spoyle the Preists, shut your hand, and there is a generall silence, you may be Anabaptist, Brouwnist, or what you will, if the matter be brought to that passe: This is that they feare my Lord, Therefore, would they have their hands strengthned with PERSECVTION, to prevent it let who will perish, if they stand. Moreover, my Lord, those very men which plead for PERSECUTION, are the same, even this man, Sir John, is the very man, that in the dayes of the Bishops complained, and contested against PERSECUTION, used all possible meanes to be delivered out of his Episcopall Pawes, endevoured to cast him out of the High Commission; but as soone as these underling Divines are from under their Episcopall Task-masters, and beginning to encroach upon your Lordships power, presently take this notorious bloody Traitour, PERSECUTION, stript by your Lordship of his High Commission habit, and out of their zeale dresse him in a divine Synodicallgarbe, and chang his name from PERSECUTION, and cristen him Reformation; so to engage your Lordship, and the Kingdomes of England and Scotland in blood, to settle and establish bloody Persecution by Covenant over the Consciences of honest and faithfull men unto the State, under the speacious and godly pretence of Reformation, as Mr. Edwards one of their Champions manifests, who is so impudent, as to assert, that your Lordship is bound to compell all men to the Decrees of the Synod, (ascribing to them, as the Papists to the Pope) an infallible unerring spirit, 2nd openly proclaimes, that Toleration of such honest faithfull Subjects, as Anabaptists, Brownists, Independants, Antinomians, &c. to be indirect opposition to the Covenant, and though before they might have beene lawfully tolerated, yet now they cannot under breach of the Covenant: Consider My Lord, is not this Jesuiticall subtilty, most desperate and secret delusion, that by this Covenant they would engage your Lordship, either to be a Covenant breaker, or else infringe the Liberty of the Subject entrusted by the Common people in your hands, one of these is inavoydable, and yet all under the coulour of Reformation, the true Protestant Religion, the cause of God, and I know not what; what in nomine Domini perpetrant omni malum; so that it is most certaine, that this fellow, whose name Sir Symon feigneth to be Reformation, is absolute PERSECVTION, so that had these Reformers but as much power as Queen Maryes Clergie, their Reformation would conclude in fire and faggot.

Judge.

Oh insufferable Assembly! I see ’tis dangerous for a State to pin their faith upon the sleive of the Clergie.

I. Reas.

Further my Lord, whereas others are impoverished, spend their estates, engage and loose their lives in this Quarrell, they are enriched, and advanced by it, save their purses and persons, cram and fill their greedy guts too filthy to be caried to a Beare, heape up wealth to themselves, and give not a penny, while others (against whom they exclaime) venture and expend all, yea my Lord, this great gorbelly’d Idoll, called the Assembly of Divines, is not ashamed in this time of State necessity, to guzle up and devoure dayly more at an ordinary meale, then would make a Feast for Bell and the Dragon, for besides all their fat Benefices, forsooth they must have their foure shillings a peece by the day, for sitting in constollidation; and poore men when they had fil’d all Benefices with good Trencher-men of their owne Presbyterean Tribe, they move your Lordship, that all Ministers may be wholy freed from all manner of Taxations, that now the Trade of a Presbyter is the best Trade in England, all are taxed, and it goes free; poore men that have not bread to still the cry of their children, must either pay or goe in person to the wars, while those devouring Church-lubbers live at case, feed on dainties, neither pay nor goe themselves but preach out our very hearts, they make it a case of conscience to give all, but wise men the'l give none: let the sicke, the lame and maimed Souldiers, and those that that have lost their limbs, and beg in the streets, let women that have lost their husbands, let parents that have lost their children, let children that have lost their parents, and let all that have or suffer oppression and misery, in and for the publike cause consider this, and be no longer riden and jayded by Clergy Masters; but to give the Divell his due, one thing to their commendations I have observed, that they are so zealously affected with the honour of their cloth, that ’t were pitty to disroabe them of their Cassoke garbe to be led in a string from Westminster to Allgate in Leatherne Jackets, and Mattokes on their shoulders; and my Lord, though some thinke they would do the State more good in Leatheren Jackets and Mattokes then in long Cloakes and Cassokes, yet me thinks, they would doe the State better service with their Canonicall Girdles, were the knot ty’d in the right place.

Iudge.

Sir Symon, we convocated the Assembly to consult with about matters of Religion, not arrogating to our selves, or ascribing to them a Spirit of infallability, considering that we are but Parliament men, not Gods, therefore we made tryall of their advice, but for them hereupon to arogate Supremacy over the State and people, lay claime to an unerring spirit, and perswade us, (as Edwards in his Antipol. saith) that we take it for granted, that the conclusions of their Debates, Controversies, and Consulations are according to the mind of Christ, because We cal’d them together, and hereupon to compell all men to their Decrees, is most impudent presumption, and popish arrogance; We did not suppresse the High Commission, to subject Our Selves to an Assembly, race out Episcopall to set up Presbyterian Prelacy, for what more Prelaticall, what more exorbitant then such presumption, tis a meere Monopole of the Spirit Sir Symon: you have so plaid the Iesuites, as it seemes, We have only put downe the men, not the Function; caught the shaddow, and let goe the substance: while We were suppressing Primates, Metrapalitanes, Arch-Bishops, Bishops, Ecclesiasticall Courts, Canons, Injunctions, Decrees, &c. you have so subtilly carried the businesse, as it seemes, Primacy, Metrapolitanisme, Prelacy, &c. shrunke into the Presbytry, and our High Commission turn’d into an Assembly of Divines; We out of Our good intentions cast out this Evill Spirit thence, and it entred it seemes, into these Swine, who thus headlong run upon their own destruction, (the Divell hath brought his hogges to a faire Market) arrogating an infallability, and a supremacy over Us, and the people, condemning PERSECUTION, when, they were persecuted, but commending & approving it, if they may persecute: Truly Sir Symon, you have out run the Constable, your ambition is a little too swift for your policie: What breath out threatnings, menaces, and persecutions openly, before you have power to persecute! sure you were not in your wits; when they were vented.

I. Human.

My Lord, they have set even till they’r run mad, you might do well to adjorne them to Bedlam; for my Lord, they are raging mad; to have the innocent blood of the Anabaptists, Brownists, Independants, &c.

I. Reas.

My Lord, they have over studdied themselves, and crack’d their wits in finding out a Religion for us; poore men they have been mightily puzled about it, it hath cost them the consumption of many fat Pigge, Chicken, capon, &c. the infusion of many a cup of sacke, to bring it to birth, and after such dolerous pangs, and bitter throwes for almost these two yeares, who would have thought, they should be delivered of such a ridiculous vermine, called, a Presbyter; parturiunt montes, nascitur ridiculus mus. And now my Lord, after this mountanous delivery, they are at their wits end, what dressing to put it out in, all the Taylours in the Kingdome are not able to content them, what to doe they know not, and now the matters worse then ever it was, they had thought to have shewne the world it in the godly shape of Reformation, but upon examination, ’tis found to be PERSECVTION, a sad event! there is no way now, but Bedlam for our Doctours, it may chance to chastize them into their wits againe, and then upon their second thoughts, it may be, they’l be thinke themselves, to put a Blew Bonnet upon ’t, and then ’t will passe from England to Scotland, and from Scotland to England againe without Question or controule.

Iudge.

Sir Symon, We blesse God, that hath put it into the hearts of those honest godly people, (though publikely despised and hated) those faithfull freinds and lovers of the Parliament and Kingdome, whome you nicke-name Anabaptists, Brownists, Independants, &c. to discover and detect unto us the Iesuiticall and Trayterous Designes of the Synod with the hazard of their Libertis, and for ought they know of their lives and fortunes; for should they not ventured themselves in the discovery of such a subtile generation, Who should have been kept ignorant through their zealous pretences, and had there been a mountaine more of their villany, it seemes they would have covered it with a vaile of teares, Fastings, affected prayers, and the like, from Our discerning.

I. Reas.

It is an approved truth, that such as are called Anabaptists, Brownists, &c. have in all Ages ventured, yea given up their lives, to enforme Kings, Kingdomes, Parliaments, and States in things that concerne their peace, and the glory of God, which though condemned at first, afterwards have proved no other; yea such as your Lordships Predecessours have condemned by penall Lawes, Statutes, &c. which now your Lordship through the mercy of God find otherwise, and it is we that reape the benefit of their blood in the suppression of Episcopall Iurisdiction, High Commission, &c. not they; for their sufferings, and their testimony have detected and informed us of their unlawnesse, it being their custome my Lord, to weare out the Mysterie of Iniquity with their blood: And now my Lord, we that have received vantage by their bitter sufferings, shall we baost our selves against them? it were ungratude to God, and inhumanity to them.

Iudge.

True: We find by dayly experience, that the Seperates are not such as ground their religion on selfe ends, for like Salamanders in the fire, they live in the heare of Persecution, they spare not their lives, to witnesse the innocencie of their Cause, the fire of Persecution cannot consume, but enflames them towards their God and the Truth; the menacing of Kings and Governours, and cruelties of their greatest Adversaries hinders not their testimony; this we find, when ever they are convented before Us, even to our astonishment; and we further find, it is not their owne good alone that they aime at, but the generall good of all men, that all (one as well as an other) may lead an honest and a quiet life under Our Protection, and We have (to our benefit) found the blessing of God upon their endeavours, as the hopefull and glorious successe in the Conquest of Yorke, which envie and malice it selfe cannot deny, was instrumentally archeived by their valour and fidelity: Wherefore in justice to their uprightnesse, and faithfulnes to that trust reposed in Us for the publike Good; the Liberty and property of the Subject, We may not deny them the benefit of Subjects, but as they are faithfull parties in the generall venture, so to be heriditatory to the generall purchase, having as just a Right thereto by the price of their blood as Our Selves, for that which is purchased by blood, all the purchasers have an equall right to the thing purchased.

I. Reas.

My Lord, but our Dessembly Doctours teach otherwise, yet I think if your Lordship should settle Anabaptistrie or the like, even that which they now persecute and threaten, preach and pray against, and forewarne the people off, as hereticall and damnable, provided you should endouw it with goodly fat Benefices, and sanctifie it with the hallowed Ordinance for Tythes, Offerings, Oblations, &c. questionlesse the generallity of those Persecutours of Anabaptists would have the wit to turne Anabaptists, for their Religion is moved upon the Wheele of the State; when the State was for Bishops, then they were for Bishops, and were very Canonicall Surplisse men, Altar bewers, and the like, (and the precisest sort those that are now our most zealous Presbyters) did then so comply and conforme to Episcopall superstition, is they kept their Benefices, (except here and there one of the honester sort,) while the honest Separate (counting nothing too deare for his God) did openly resist and witnesse against it, even to imprisonments, deprivation of goods, &c. But our temporizing Doctours, our State Protestant Ministers are not so simple to swime against the streame, they are wiser in their generation, for they know most wealth goes that way, as long as your Ordinance is laden with Tythes, Offerings and Oblations, they’l be sure to give fire; but should the State deprive their Religion of all Ecclesiasticall Revenue, of Personages, Tythes, &c. yea, should it be their very Presbyterie they so aime at that they should so impoverish, certainly we should have more Parishes then Presbyters, more Steeples then Doctours; then they would no be so hot for Presbytry, so zealous to persecute its opposers, I would your Lordship would make tryall, call in but your Ordinance for Tythes, and turne them to the good will of people, and then — a tythe Pigge will be sold for a penny.

Iudge.

Well notwithstanding the Doctrine and subtilty our Divines we cannot deale so unworthely with those honest men, but must by the grace of God, being by them better in formed, proceed to Sentence against this Malefactour according to the just Verdict of the Iurie.

PERSECUTION fals upon his knees.

Pers. Good my Lord, have mercy upon me, I beseech your Honour even for the Clergies sake, have mercy upon me; consider my Lord, that in my death is their ruine, it will be the greatest inroad upon the Divines of Christendome, that ever was made. Oh!

I beseech you my Lord, by the Mysterie of their holy Convocation, by their agony, and bloody sweate, by their Crosse and Passion at my shamefull approaching death and buriall, Good Lord deliver me.

By their glorious Resurrection, and Ascention from the Pulpit above the State: By the coming of the Holy Ghost to them in Cloake Bagge from Scotland, Good Lord deliver me.

By the late solemne League and Covenant: By the 400. and 50. l. for the Copy of their Directory: By all the fat Benefices, and goodly Revenues of the Clergie, Good Lord deliver me.

By the Apocripha writings and non sense Arguments of Mr. Edwards: By the distracted thoughts and subitaine apprehensions of Mr. Prinne: By the Designes of the Clergie: By their fained teares: By their hypocrisie: By their false Glosses, Interpretations, and Sophistications, Good Lord deliver me.

By the Advance of the mickle Armie into the South: By the late innocent and undefiled Ordinance for Tythes: By all that is neare and deare unto the Clergie, the pompe and glorie of this world, Good Lord deliver me.

Iudge.

PERSECUTION, what would’st thou have? here’s no place of mercy for thee, the Vengance of God cannot be dispens’d with, thou art not in the High Commission, nor before the Assembly, this is a Court where justice must take place.

Pers.

Oh my Lord, I beseech your Lordship for the mercy of this honourable Bench: My Lord, I am a Clergie man, and beseech your Honour for the benefit of my Clergie: I have been of all the Universities of Christendom, have taken all their Degrees, proceeded through all Ecclesiasticall Orders and Functions, and my Lord, at present am under the Holy Order of Presbytrie, and I hope a Presbyter shall find favour in your eyes: Wherefore I beseech you my Lord, that I may have the benefit of Degration.

Iudge.

PERSECUTION, be contented, you shall be sent to the place of Degradation.

Pers.

Oh Good my Lord, let not a Presbyter come to so shamefull an end, I beseech this Honourable Bench, that I may be repreeved but as long as the Synod and Presbytrie endure.

Iudge.

No PERSECUTION, such is thy Treason, Rebillion, &c. as cannot be dispensed with.

Pers.

Oh my Lord, a psalme of mercy, I beseech your Honour, a psalme of mercy.

Iudge.

No PERSECUTION, no; prepare to heare thy Sentence. Hereupon this ensuinge Letter was privately conveyed to Iustice Conformity.

Symon Synod
Synod, Symon
Iohn Presbyter
Presbyter, Iohn

To the right worshipfull Iustice Conformity, all blessing and benediction from his Holynesse Sir SYMON, and his Son Sir IOHN.

Right worshipfull,

These are to adjure you, as you will Answer it before US, at the great and dreadfull DAY of OUR Classicall exaltation above all persons in the Kingdome, that you forthwith sollicite my Lord, to suspend his Sentence but till the advance of the mickle Armie into the South, for then we feare not the procurement of his plenary pardon; and for your encouragement herein last night my Son Iacke and I went into our Presbyterian ware-house, and have taken a list of all the Instruments of torture and torment already prepared for our Designe: to wit, triple knotty corded whips, Gagges, Pillories, Stockes Sharpe Knifes, Pincers, hot burning Irons, Halters, Gallowes, Gybbets, Rackes, Spits, Fire-forkes, Gridirons, Axes, Sawes Fleshhookes, firery Furnaces, hot Ovens, boyling Caldrons, Fire and Faggot, close Prisons, darke and noysome Dungeons, Fetters, Manacles, all in abundance, most bloody and cruell Executioners, terrible and divilish Tormentours as, Presbyterian Hangmen, Goalers, &c. besides multitudes of Synodean Tyranies newly invented, not yet discovered to the people, such as never either by Pope, Bishop, or their adherents were devised: and though we have prepared those Divelish Instruments, yet we shall not be so indiscreet, to rush them in all on a suddaine; no we shall observe the temper of the people, the course of times, make a graduall progression, now a little, and then a little, and alwayes a most godly and holy pretence to usher in a damnable and wicked designe; if in the poising a businesse wee find it so heavy, that neither Synod, Divill, nor Presbyter can lift, we’ll suspend the matter, and insensibly prepare the people for the entertainment thereof, which by our vaine-glorious fasting, hypocriticall teares, prayers, and sophisticall Sermons we shall easily doe: And for your further encouragement understand; there are of certaine, from a late Consistorie of Divels dispatched seaven soule Spirits a peece for every Presbyter throughout England, to attend them in their Parochiall Iurisdiction: so that a Presbyter shall be seaven times worse then a Bishop, for it is intended, he shall be more fearce and cruell then his fellowes, therefore Woe, Woe unto those Anabaptists, Brownists, &c. those cursed Heretickes, for those presbyterian Feinds expect but the word of command, to devoure them up: But Mr. William, all this will come to nothing, if this Prisoner be put to death, you see those Sectaries have had such freedome of speech that my Son Iacke and I can doe no good; now, there being not such a considerable person in this County as your self to prevaile, WEE therefore charge you, as you hope to be a Iudge, faile not at this dead lift for your Eires; indeed he’s in your debt, but he vowes by your fiat justitia, that if you prevaile, he’ll provide you a paire of better and longer, then ever you had: Hereof faile not, and we shall not be backward to answer your deserts, when, WE and the parliament, shall be Commenced by

Your intire Freinds, Sir SYMON SYNOD, and Sir IOHN PRESBYTER.

I. Conformity. My Lord, were your Lordship but rightly informed concerning this Prisoner under the name of Mr. PERSECUTION, what he is, and from whence he came, your Honour would lesse wonder at his severall evations and dilatory pleaes, to award the Sentence of death, for were he guilty, what would not a man doe for his life? skin for skin, and all that a man hath will be give for his life, but such is his innocency, that the proceedings against him have been altogether upon false grounds; for whereas by the Evidence he is asserted to be born soon after the time of Innocency, and by them standeth charged with all the Innocent blood spilt upon the whole earth: I shall by your Lordships favour upon good grounds make it apeare, to be otherwise, for my Lord, this prisoner is not yet above an 100 yeares of age, being borne in Geneva, of very good Lutheran and Calvenish parentage, about the yeare 1544. where he was very well educated and instructed both in the Tongues and Liberall Sciences; and upon a certaine time going to Sea, he was by a great wind raised by Belzebub the Prince of Divels blowne into Scotland: And being so neare us, forth of his zeale and pious affection to reforme the Church of the Episcopall Prelacy to Presbyterian, he occasioned the rising of the Scots as one man to oppose that power, against which ever since he hath contested, and he lately advanced with their mickle Armie to the Leagure before Yorke, and for all this, he received many an affront by Cromwels scismaticall Brigade, and from thence taking his journey through Derby, Stafferd, Coventry, and Cambridge, where performing much good service he came to London, since whose coming, old Grand Mr. PERSECUTION, charged in the Indictment and convicted by the Iurie, was happily and timely executed uppon Tower Hill, by all which it appeareth, that the Witnesses that have given in Testimony against this prisoner, the Gentleman at the Bar, have greatly abused him, your Lordship, and the Iurie, he not being the person charged, and consequently innocent of the crimes laid to his charge, he being indeed as reall an adversary to Old Mr. PERSECVTION, as any Gentleman of this whole County; hereof if your Lordship make any doubt, I beseech you; that a Farrier may be called into the Court, who may make a perfect discovery to your Lordship of his age, by opening his mouth and vewing his Teeth, whose yongue, small, Presbyterean Pegges have no proportion betwixt the Great Twangs, and Boarish Tuskes of Old Mr. PERSECVTION: And besides this my Lord, to testifie what I have said, to be authenticke, there are hundreds in the mickle Arnue, whose absence have occasioned this his inability to justifie and cleare himselfe; but if your Lordship please but to adjourne the busines but till their mickle Advance into the South, the matter shall be made cleare unto your Honour, for then we make no question to awe and crush those Hereticall false witnesses, and advance Presbytry to its super Prelaticall Throne of CLASSICALL SVPREMACY, and though at first it be but jure Humane, a little fire and faggot will quickly Commence it jure divino.

I. Reas. My Lord, I am much afraid of a Conspiracy betwixt Sir Symon, and Sir Iohn Presbyter with Iustice Conformity, whome like an Ignoramus they have perswaded into their Combination, how to delude your Lordship, thereby to deliver PERSECVTION from the justice of this Court; You may easily perceave, how they would pinch your Lordships Nose with a paire of Scotch-Spectacles, and fixe a paire of long Synodian Eares unto your Lordships head, that your Lordship might see nothing but Blew Caps, heare nothing but Synodian Thunder; but I hope your Honour is throughly sensible hereof; yet least your Lordships Innocency, and honest endeavoures for the generall and equall Rights and Liberties of the Common People, should be circumvented and perverted by their policie, I shall (hoping my plaine dealing meerly (I call God to witnesse) out of unfeigned love unto your Honour, and the common Good of all the Common People shall not be recompensed with your High Displeasure) present the cunning insinuations and subtile fictions of Iustas Conformity in their true shape; for whereas he saith, that this present Prisoner is not the person indicted, and convicted of Treason, Rebellion &c. this being but a yongue man, the other very old, I can assure your Lordship, that he is herein meerly delusive, for the man is the very same, only through the advise of Sir IOHN he hath made use of a Presbyterian Barber, who hath shaven from his head, his old deformed Tresses, cropt of his haire above the eares after the halfe moon fashion, taught him the Presbyterian posture of his eyes, plaistered up the wrinkles of his bended brow with Scotch morter, whereby he hath acquired a more smooth Synodian countenance, but in a small time if he be let alone, he’l be as terrible and frighfull as ever; for his pritty small Pegges that he speakes off, your L. is therein mis-informed; for the Farrier that searched his mouth, was a Presbyterean Horse Doctour, prepared on purpose by yongue Sir IOHN for that very end, who discovered to your L. only the upper part of his fore teeth, whereas were his mouth but searched by an Independant Farrier, he would discover besides those in the hinderpart of his Classicall Iawes, his Great Iron Fangs, as great and terrible as there in spoaken of by Daniell cap. 7. 7. And as for the good service in those Enmity mentioned that he performed in his Roade from Scotland, seemes it was soo good, that the Prisoners there care for no more of his prison: for if he mumble us thus with his yongue small Presbyterian Pegges, what bloody massacrie, what cruell crushing of bones, rending tearing and devouring of flesh, must we expect, if your Lordship permit him the use of his dreadfull devouring Tuskes, his huge monsterous iron Fangs, but I hope your Lordship will first grant him the favour of an Independant Tooth-drawer, and then wee shall not greatly feare his Gummes: And concerning the Mickle Armie, my Lord, you may perceive how they would bind your hands from the execution of justice by the force of Armes, as though the wisedome of this Court were to be inslaved to such sinister respects; my Lord, it is highly deregatory to your Honour, and here are sufficient English Evidence, to prove this old seducer, to be PERSECUTION himselfe, as hath been manifest before your Honour; let not the people be thus deprived of justice, they did not in chusing your Lordship to this place, wherein you are, intend the makeing of themselves slaves in any the least kind, to Synods, Sir Iohns, force of armes, or the like, or to put themselves at so vast a distance, as to make their addresses to you, as to some Dietie, but in their chusing of you, authorised and entrusted you, to vindicate and preserve their native and just Liberties in generall, yea, and common to them with your selfe: therefore you cannot without betraing this Trust, by any coersive power subject any of their consciences, persons, or estates to any Ecclesiasticall Iurisdiction whatsoever: And now seeing this vile person at the Barre hath been legally indicted, araigned, and convicted, and thereby found an Arch-enemie and Traytour to the peoples common Liberty and Safety, Iudgement and Execution ought forthwith to passe upon him accordingly, that this Hypocriticall Pharisie, this blood-thirsty Catisse, this long Gown’d Mountebanke with his spirituall delusions may no longer cheate the world, as he hath done.

Hereupon the Court preceedeth to Iudgment.

Iudge.

Make Proclamation.

Crier.

O—yes, every man keep silence, &c.

Iudge.

With much patience this Court hath heard the severall pleaes betwixt PERSECUTION, and LIBERTY-OF-CONSCIENCE urged on both sides; having seriously weighed the same in the Ballance of equity, hath found PERSECUTION and his Abettours with all their Pleas too light, even meere subtile, airie, and empty delusions: It is therefore the Sentence of this Court concerning Sir Symon, and Sir Iohn Presbyter, who have thus Iesuitically endeavoured to pervert the justice of this Court by their false, their subtile, and Trayterous suggestions in the behalf of this notorious bloody Malefactour PERSECUTION, that Sir SIMON be committed close Prisoner to King Henry the eight, is Chappell, there to be kept in Parliamentory safe custody, till the GREAT ASSISES, held in the first yeare of the RAIGNE of our Soveraigne Lord CHRIST, (when the Kingdom, and the greatnes of the Kingdome under the whole Heaven shallbe given to the Saints of the most High) there, and then to be Araigned with the rest of his Holy Tribe, whether Vniversall, Nationall, Provinciall, or Consistoriall Counsels, or Synods whatsoever, before his Highnesse the KING OF KINGS, and LORD OF LORDS.

I. Reas.

And my Lord, in the meane time to keep his Holinesse in action, I beseech your Honour, that he may Synodicate a full Resolution to these ensuing Queries.

1. Whether it doth not as much conduce to the Subjects Liberty still to be subjected to Episcopall usurpation, as to be given over to Presbyterian cruelty?

2. Whether it would not been more profitable for the Kingdome of England, to have forthwith hired a Coach and twelve Horses to have set a Directory from Scotland, then to have spent the learned consultations, pious debates, and sacred conclusions of such an holy, such a reverend, such an heavenly, such a godly, such a learned, such a pious, such a grave, such a wise, such a sollid, such a discreete, such a spirituall, such an evangelicall, such an infallible, such a venerable, such a super celestiall Quire of Angels, such a superlative Assembly of Divines for almost these two yeares space, after the profuse and vast expence of above fourty thousand pounds, besides their goodly fat Benefices, upon their devouring Guts, for an English DIRECTORY of worship equivolent to the Scotch DIRECTORY?

3. Whether this Directory standing in so many thousands to fumble it together, and the Copy sould at 400. and 50. l. be not of more value then the Writinges of the Prophets and Apostles.

4. Whether St. Peters Chaire doth not becomme a Presbyter, as well as a Bishop?

5. Whether the late divine Ordinance for Tythes, Offerings, Oblations, and Conventions be not better Gospell, and in all Presbyterian wisedome to be preferred and provided before the Directory for the worship of God?

  • O Cives, Cives, quærenda pecunia primum,
  • Virtus post nummos.
Iudge.

And as for Sir IOHN PRESBYTER, this Court hath Voted him to the uncleane, filthy, impious, unholy, darke, and worldly Dungeon, called, IVRE HVMANO there with Arch-Bishops, Bishops, &c. the Grand-Presbyters, his Fore-fathers, to be fast bound with the Majesteriall Chaines of humaine Lawes, Ordinances, Edicts, &c. and in them to be kept in safe custody till the aforesaid great Assises, in the Raigne of our Soveraigne Lord Christ, there, and then to be brought forth to the Tyrall of that Great and terrible DAY. Now to the Prisoner.

PERSECUTION, hould up thy hand: Thou hast been Indicted, and Araigned of emnity against God and all goodnes, of Treasons, Rebellion, Bloodshed, &c. and for thy tryall hast put thy selfe upon thy Countrey, which Countrey have found thee guilty, and to award the Sentence of death, from passing upon thee, thou hast had the liberty this Court in justice could permit, to make thy defence: we have heard thine allegations, evasions, the Reasons and Pleaes of thy Defendants, to whom was given all freedome of Defence could be desired, also We have heard the distracted jubitaine mediation of J. Conformity in thy behalfe, yet notwithstanding all that can be made for thee, thy guilt is so palpably apparant and grosse, that all the subtilety, craft, and policy thou and thy Consederates can devise, cannot obscure thee from the eye of justice: for this Court upon thy tryall, hath found out thy villany, Treason, and Bloodshed, and how thou art guilty of all that is laid to thy charge: Therefore the Sentence of this Court is, that thou shalt returne to the place from whence thou camest, to wit, the noysome, and filthy CAGE of every uncleane and hatefull Bird, the CLERGIE of Christendome, there to be fast bound with Inquisition, Synoddicall, Classicall, Preist bitter-all Chaines untill the Appearing of that Great and terrible Iudge of the whole Earth, who shall take thee alive, with Sir SYMON, and his Son Sir IOHN, and cast thee with them and their Confederates into the LAKE of fire and brimstone, where the Beast and the False Prophet are, there to be tormented day and night for ever, and ever.

Rev. 19. 1. 2. 3. And after these things I heard a great voyce of much people in Heaven, saying, Allelujah: salvation and glory, honour and power, unto the Lord our God:

For true and righteous are his judgments, for he hath judged the Great Whore, which did corrupt the Earth with her Fornication, and avenged the blood of his servants at her hand. Again they said, Allelujah: And her smoak rose up for ever and ever.

The POSTSCRIPT.

Least the honest innocent Intentions of Yongue MARTIN should receive some Synoddicall misconstruction, he desires to be his owne Interpreter concerning some passages, and for the rest he leaves to the fate of the publicke censure. Now whereas his Licence may seem to be an immitation of an Order of Parliament, it is only to shew the ostentation, pride, and vaine glory of the boasting Presbyters. And where he ascribeth many Epithites, as, divine, holy, &c. to the Ordinance for Tythes, they are not intended in derision to the Parliament, or to any of their Lawes, Statutes, or Ordinances whatsoever, but are used in the sense of Presbyterian acceptation, and of the reverend estimation they would perswade us of that above any other whatsoever. And the use of the late League and Covenant, is likewise only in the Presbyterian sense, simply respecting that Tribe, according to Edwards Interpretation thereof. Honest MARTIN would not be mistaken, he is no enemie to the unity of the two Kingdomes in Civill League and peace, but it is his hearts desire and prayers that not only they, but that all the Nations of the Earth were so in themselves and one with another. And for the Advance of the Scots, that is used only to shew, how those Presbyterian Iesuites would make that, which the two Kingdomes intend for the common good, to be perverted only to the Advance of their Persecuting Faction: And this MARTIN proclaimes to be his own genuine meaning.

FINIS.

T.45 (8.22) Thomas Johnson, A Discourse on Freedome of Trade (11 April, 1645)

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Bibliographical Information

ID Number

T.45 [1645.04.11] (8.22) Thomas Johnson, A Discourse on Freedome of Trade (11 April, 1645).

Full title

Thomas Johnson, A DISCOURSE Consisting of MOTIVES FOR The Enlargement and Freedome OF TRADE. Especially That of CLOTH, and other Woollen MANUFACTURES, Engrossed at present Contrary to the Law of Nature, the Law of Nations, and the Lawes of this Kingdome. By a Company of private men who stile themselves Merchant-Adventurers. The First Part.

Imprimatur, NA. BRENT. April. 11. 1645

LONDON, Printed by Richard Bishop for Stephen Bowtell, and are to be sold at his shop at the signe of the Bible in Popes-Head Alley. 1645.

Estimated date of publication

11 April, 1645. (Listed in TT as 23 April).

Thomason Tracts Catalog information

TT1, p. 373; Thomason E. 260. (21.)

Editor’s Introduction

(Placeholder: Text will be added later.)

Text of Pamphlet

To the Right Honourable the Lords and Commons in Parliament assembled.

Right Honourable,

THE scope and substance of this following Discourse, is to demonstrate by clear and unanswerable Arguments, the Illegality of the Incorporation of those who soly ascribe unto themselves the names of Merchants Adventurers, though they Trade but unto two Townes only, and those hard by: and to shew further how their Patent trencheth upon the native Rights of the freeborn subject: which Patent hath been often complaind of and clamord against from time to time, as an universall greevance to Town and Countrey, tending to the diminution of Trade, and of all sorts of Manufactures at home, and to the dis-repute of the Policy of this Nation abroad, the sayd Patent being accounted no lesse amongst all people, then a Monopoly, a word odious all the world over. This Incorporation hath bin like an Ulcer upon the Body politique of this Kingdome a long time, which hath beene often rub’d and lanc’d, yet it clos’d againe and gatherd more corruption then formerly, and now requires a greater cure then ever.

Therfore in all humblenesse it is prayed, that this Honourable Court and highest Councell of the Kingdom, who have already done so many glorious things for the publike Liberty, Rights and Immunities of the free borne Subject, would be pleased to peruse the ensuing Discourse, and poise the weight of the Reasons, Arguments, and proofes therein produced, which are derived from true fountaines, and so to doe therein what in their high wisedome and justice they shall think expedient for the redresse of such a Nationall grievance.

A DISCOURSE Consisting of Motives FOR The Enlargement and Freedome of Trade, Especially That of Cloth and other Woollen Manufactures,

Engrossed at present

Contrary to { the Law of Nature,
{ the Law of Nations,
{ and the Lawes of this Kingdome,

By a Company of private men who stile themselves

Merchant-Adventurers.

THe Terrestriall Globe is cut out into Islands and Continents, both which are created to be a Mansion for men; and although they be severd by the work of Nature, yet they may be said to be joynd together by Commerce, which is that great link of humane Society, that golden chaine which unites all Nations; And though the Earth and Sea be of themselves, as differing Elements as any of the rest, yet the Divine Providence by a speciall foresight hath so indented as it were, and embosomd them one in the other, that they make but one perfect Globe, to render them thereby more apt for the mutuall Commerce and Negotiation of Mankinde.

Of all parts of the Earth, Islands (which by the violence of the Sea are torne off from the rest of the world) stand most in need of Commerce, as well for the encrease of shipping, whereon their security and strength doth principally depend, as for divers other advantages conducing to wealth, to the expence of the superfluities of their owne native Commodities, and the importation of forreigne, to intelligence, and prevention of dangers, and lastly to the improvement of civility and knowledge.

And this our Island (for ought any one knoweth) might have remaind to this day in her first simplicity and rudenesse, had she not refined and civilized her selfe by Commerce with those of the next Continent, and they of the next Continent, had they not crossed the Alps to Italy; and the Italians themselves, had they not had practise with the Levantines, and other Eagle-eyed Nations who dwell nearer the Sun rising.

Amongst the Islands of the old world, Great Britain hath beene cried up for the biggest, and best-replenished with those Commodities that are most materiall and usefull for the life of man, whereof she hath not only a competency for her selfe, but enough to spare her neighbours, which by way of surplusage she useth to disperse to most Countreys, whereby she beates a generall Trade, and makes rich returnes with her owne home-growne goods: which Trade may bee termed the prime sinew, and chiefest support both of her strength and riches.

Now there is nothing so advantagious and commendable in a Trade, as Community and Freedome; for in this particular (as in most things else) the topique Axiome holdeth, Bonum quò communius, eò meliùs; the more common and diffusive a good thing is, the better it is.

The most substantiall and staple Commodity that our Countrey affords for the maintenance of Trade is Cloth, with divers Manufactures besides arising from Wooll, which makes other Nations call Wooll, Englands Golden Fleece: and (questionlesse) the principall reason why in time of Parliament our Iudges (who are the Oracles of the Law) do sit in the House of Peeres upon Wooll-Sacks, was to put them in minde of preserving and advancing the Trade and Manufactury of Wooll: Therefore to barre any freeborn subject from the exercise of his Invention and Industry, to convert this universall native Commodity to his best advantage at home, or abroad, is to deprive him of part of his birth-right, and of that which God and Nature ordaynd for his subsistence; and not only so, but it is to set a mark of strangenesse, or rather, of a kinde of slavery upon him in his own Countrey.

Hence it may well be inferrd, that for one Company, or Incorporation to arrogate to it selfe, and to engrosse the mannaging, expence, and vending of this necessary inmated Commodity, is an injury to publike right, and no lesse then a meere Monopoly: And it is held an undoubted principle of State, that there is nothing more pernicious and destructive to any Kingdome or Common-wealth, then Monopolies, which like Incubusses doe suck the very vitall spirits, and drive into one veine that masse of blood which should cherish the whole body: Nor doth this word Monopoly (according to its true Etimology) referre only to one individuall person, but also to any one Town, where many men are incorporated or aggregated into one body, who have hooked to themselves the sole exercise and emolument of such and such a trade, whereby they only enrich themselves, and admit no others to enter into their Society without some exaction.

The fellowship and Charter of them that terme themselves Merchant-Adventurers (under favour) is a Monopoly of this kinde, and is repugnant both

  • 1.  To the Law of Nature,
  • 2.  To the Law of Nations,
  • 3.  To the positive Law of the Land.

First, it is repugnant to the Law of Nature, in regard that Wooll, and the draping and merchandizing thereof, being the Cape Commodity wherewith Nature, the handmaid of God Almighty, hath furnished this Island, and wherein she hath given every freeborn Inhabitant equall interest, as matter for his industry to work upon; Surely she never intended that a thin handfull of men, a small contemptible number in comparison of the whole (being but a few trading members, though their Company consists of a greater number) should appropriate to themselves the disposing and venting of the two thirds of this generall grand Commodity, as by diligent computation the Merchant-Adventurers are observed to doe.

Secondly, it is against the Law of Nations, in regard that no Monarchy or Kingdom, whether elective or successive, nor any other Commonwealth or State throughout Europe hath the like example. What a hubbub would there bee in France, if the vent of Wines were passed over to some peculiar men to furnish England withall? or in Spaine, or Naples, were the fruits and oyles of the one, and the silks of the other (being their prime Commodities) engrossed by a few hands? But admit there were some extraordinary restraints in trading to remote Countreys, and that there were joynt stocks, it maketh nothing to justifie the Company of Merchant-Adventurers. We know our East-India Company* here, and in Holland, have limitations, and have a Bank of their owne, because the Purses of private men cannot extend to set forth Ships for making of such long, adventurous, costly, voyages. But the Trade which is beaten by our Merchant-Adventurers to Hamburgh and Rotterdam, is of another nature, for it is hard by home, and as it were at our doores, and may be performed by Ships of any seize, the transfretation being short; so that though they seeme to arrogate soly to themselves the names of Merchant-Adventurers, there are none that deserve it lesse, their hazard being so small, and their voyage so short.

Thirdly, this Incorporation is repugnant to the, positive Lawes of this Land, as manifestly appears by Magna Charta, Petition of Right, Statutes of Monopolies, and severall others; but for brevity sake, let it suffice to insert here that famous Statute which was enacted by one of our wisest Kings, Henry the seventh, which continueth yet in full force unrepealed, and runnes thus.

&illegible; H. 7. 1. 6.To the discreet Commons in this present Parliament assembled, sheweth unto your discreet wisdomes the Merchant-Adventurers inhabiting and divelling in divers parts of this Realm of England out of the City of London, that where they have their passage, resort, course and recourse with their goods, wares, and merchandize, in divers coasts and parts beyond the Sea, aswell into Spain, Portugall, Britain, Ireland, Normandy, France, Civill, Venice, Dansk, Eastland, Freezland, and other divers and many places, regions, and countreys, being in league and amity with the King our Soveraign Lord, there to buy and sell, and &illegible; their Exchanges, with their said goods, wares, and merchandizes, according to the Law and Custome used in every of the said Rigions and places; and there every person freely to use himselfe to his most advantage, without exaction, fine, imposition, or contribution, to bee had or taken of them, or of any of them, to, for, or by any English person, or persons. And in semblable wise they before this time have had, used, and of right owen to have, and use their free passage, resort, and recourse into the coasts of Flanders, Holland, Zealand, Brabant, and other places thereto nigh adjoyning under the obeysance of the Arch-Duke of Burgoyn: In which places the universall Marts be commonly kept and holden foure times in the year, to the which Marts all English men, and divers other Nations in time past have used to resort, there to sell and utter the commodities of their Countreys, and freely to buy again such things as seemed them most necessary and expedient for their pofit, and weale of their Countreys, and parts that they be come fro, till now of late, that by the Fellowship of the Mercers and other Merchants and Adventurers dwelling and being free within the City of London, by confederacy made among themselves, of their uncharitable and inordinate covetousnesse, for their singular profit and lucre, contrary to every English mans Liberty, and to the Liberty of the said Mart there, which is, that every person of what Nation that he be of, should have their free liberty there to buy and sell, and make the commutations with the Wares, Goods, and Merchandizes at their pleasure, have contrary to all Law, Reason, Charity, Right, and Conscience, amongst themselves, to the prejudice of all English men, made an Ordinance and Constitution, that is to say, That no English man resorting to the said Mart, shall neither buy nor sell any goods, wares, or merchandizes there, except he first compound and make fine with the said Fellowship, Merchants of London, and their said Confederates, at their pleasure, upon paine of forfeiture to the said Fellowship, Merchants of London, and to their Confederates, of such merchandizes, goods, or wares, so by him bought, or sold there: which Fine, Imposition, and Exaction, at the beginning when it was first taken, was demanded by colour of Fraternity of Thomas Becket Bishop of Canterbury, at which time the said Fine was but the value of an old Noble sterling, and so by colour of such feigned holinesse, it hath beene suffered to be taken for a few yeares passed, and afterwards it was encreased to an hundred shillings Flemish, and now it is so, that the said Fellowship and Merchants of London take of every English man, or yong Merchant, being there at his first comming, forty pound sterling for a fine, to suffer him to buy and sell his owne proper Goods, Wares, and Merchandizes that he hath there: By occasion whereof, all Merchants, not being of the said Fellowship and Confederacy, withdraw themselves from the said Marts, whereby the woollen Cloth of the Realm, which is one of the greatest Commodities of the same, by making whereof the Kings true Subjects be put in occupation, and the poore people have most their living, and also other divers Commodities of divers and severall parts of this same Realm is not sold ne uttered as it was in times past, but for lack of utterance of the same in divers parts, where such Clothes be made, they be conveyed to London, where they be sold farre under the price that they be worth, and that they cost to the makers of the same, and at sometime they be lent to long dayes, and the money thereof at divers times never paid; And over that, the Commodities and Merchandizes of those parts, which the said Fellowship, Merchants of London, and others their Confederates bring into this Land, is so sold to your said Complainants and other the Kings true Subjects, at so deare and high exceeding price, that the buyer of the same cannot live thereupon, by reason whereof, all the Cities, Towns, and Burroughs of this Realme in effect be fallen into great poverty, ruine, and decay, and as now in manner they without hope of comfort, or reliefe, and the Kings Customes and Subsidies, and the Navy of the Land greatly decreased and minished, and daily they be like more to decay, if due reformation be not had in this behalfe. Be it therefore enacted by the King our Soveraigne Lord, by the advise and assent of the Lords spirituall and temporall, and the Commons in this present Parliament assembled, and by authority of the same, that every English man, being the Kings true Leigeman, from henceforth have free passage, resort, course and recourse into the said coasts of Flanders, Holland, Zealand, Brabant, and other places there to nigh adjoyning, under the obeysance of the said Archduke, to the Marts there hereafter to be holden, with his or their Merchandizes, Goods, and Wares, there to buy and sell, and make their exchange freely at his or their pleasure, without exaction, fine, imposition, extortion, or contribution to be had, leavied, taken, or perceived of them, or of any of them, to, for, or by any English person or persons to his or their own use, or to the use of the said Fraternity or Fellowship, or of any other like, except only of ten Mark sterling. And that no person English, as is afore rehearsed, hereafter take to his own use, or to the use of the said Fraternity or Fellowship thereof, any other English person of what estate degree, or condition that he be of, so alway that he be the King our Soveraigne Lords true Leigeman, any fine, exaction, imposition, or contribution for his liberty or freedome to buy and sell Goods, wares, or Merchandizes in or at any of the said Marts, more or above the said summe of ten Mark sterling only, upon paine of forfeiture to our Soveraigne Lord for every time that he doth the contrary of this Act 20. l. and also to forfeit to the parties so grieved in this behalfe tenne times so much as he contrary to this present Act, taketh of him: And that the parties so aggrieved shall have in this behalfe an Action of debt for the said forfeiture of tenne times, in any of the Kings Courts within this Realm by writ, Bill, Plaint, or Information, and such processe to be made in the same, as is or ought to be made in or upon an Action of debt at the Common Law, and the triall thereof to be had in such Shire, City, or Place, where the said Action is commenced or sued; and that the Defendant in any Action bee not admitted to wage his Law, nor none Essoine or Protection be for such Defendant admitted or allowed in that behalfe.

This Act of Parliament is in full force and validity to this day; for there is none can deny, that the vertue of an Act of Parliament is such, that no Power can repeale or abrogate it, but the same Legislative Power that made it. Now that a private Charter procured by gratuities, favour, and other clandestine wayes (as shall be proved) should have power to suspend and stop the execution of an Act of Parliament, we beleeve no Iudge in the Land will affirme, especially considering that this Charter doth authorize a few men to exercise both at home and abroad an extrajudiciall sway both over the consciences, the bodies, and estates of his Majesties leige people, by oathes, imprisonments, amercements, and taxes.

Touching the Oath they use to impose, it runs thus, being couched in this odde forme.

YOu sweare by Almighty God, to be good and true to our Soveraign Lord the King that now is, and to his Heires, and Successours, Kings of this Realme. You shall be obedient and assistant to Mr Governour or his Deputy, and Assistants of Merchant-Adventurers in the parts of Holland, Zealand, Brabant, Flanders, and within the Townes and Marches of Calais, as also in East Freezland, or any other Countrey or place on this or that side the seas, where the said Company are or shall be priviledged. All Statutes and Ordinances not repealed, which have beene made, or shall be made by the said Governour, or his Deputy and Fellowship, you shall to your best knowledge truly bold, and keep no singular regard to your selfe in hurt or prejudice of the Common wealth of the said Fellowship, or else being condemned, and orderly demanded, shall truly from time to time content and pay unto the Treasurer for the time being, all and every such mulcts and penalties which have and shall be limited and set for the transgressors and offenders of the same. The secrets and privities of the aforesaid Fellowship you shall heal, and not bewray: and if you shall know any person or persons that intend any hurt, harme, or prejudice to our Soveraigne Lord the King, or unto his Lands, or to the Fellowship aforesaid, or the priviledges of the same, you shall give knowledge thereof, and doe it to be knowne to the said Governour or his Deputy. And you shall not colour or free any Forreigners goods, which are not free of this Fellowship of Merchant-Adventurers of England. So help you God.

By the words of this extravagant Oath, one may fee what high, illegall and transcendent power they assume to themselves to make Statutes, which is proper and peculiar only to Parliaments: Moreover, they stile themselves a Commonwealth, in so much that though they cannot be termed Regnum in Regno, they may be well termed Dominium in Dominio. Besides this Oath there is another called the purging Oath, whereby one is bound to confesse whether he hath offended in such and such particulars, and to accuse himselfe, which is point blank against Law, being a thing abhorring to nature; and for which kinde of Oath some of our Courts were lately put downe by this present Parliament; and touching their Impositions and Fines, they lay them ad libitum, which they convert afterwards to their owne benefit, whereas the King de jure partakes of all Fines: but they passed an Order, by which (to use their owne words) they were pleased to allow him the one moity; The true copy of which Order shall be inserted here with others, by which one may guesse at the rest.

At a Court holden March 4. 1603.

THe Brethren of this Company assembled together, doe hold it very requisite, for the better carriage of their Trade, that suite should be made unto the Kings Majesty, by the meanes of my Lord Chancellor to be preferred, that in the confirmation of the Companies Charters of Priviledges, this also might be added and inserted, that the Company, in their Courts as well in England as beyond the Seas to bee holden, may impose reasonable fines and penalties upon such Subiects of this Realme, not free of this Company, that shall ship Woollen Commodities into the Countreys and Places where they are priviledged, thereby to cause such intruding subiects to desist from that trade, which properly appertains to the Company of Adventurers. In consideration whereof, and in hope of the more favour in some other suites they meane to move hereafter, they are pleased that the Kings Maiesty may have and receive the one moity of all such fines and penalties as shall be imposed upon such intruders; and further they agreed to yeeld to his Maiesty, in respect aforesaid, an annuall Rent of 50 l. or 100 Marks per annum.

As before by the recited Act, so likewise by this order it appeares that Merchants would not submit nor come into their Companie (as they had just cause so to doe) therefore suit must be made to suppresse them, but the illegall power which the Companie used, begat a Petition for free Trade in Parliament against the Companie, in Anno 1606, which was judged in that Supreme Court so just and right, that there passed a Bill for a generall libertie of trade, with great applause of the House, scarce fortie dissenting from it. But the Companie finding that the said Bill would have dissolved their Patent, they made a crosse presumptuous Order, which for that they have dared to doe, they may be truly termed Adventurous Merchants.

At a Court holden April 5. 1606.

THe Bill of generall liberty of Trade was now read, and this Court hath consented that learned Councell shall be entertained, and the enormities of the Bill laid open, with a manifestation of the necessity of a government in Trade. It is also further agreed, that all reasonable charges expended about the crossing of that Bill shall be defrayed by the Treasurer here.

The transcript of this oath and orders were truly extracted out of their owne Register, and is concordant with the originall. Touching the first, which is a kinde of oath of allegiance unto them, and hath touched the consciences of some, it is worth the observing how they mention a power they have to make Statutes, and it is proper for them so to doe, if they be a Commonwealth, as they terme themselves in the same Oath. And for the orders by these and the following, one may finde upon what a tottering foundation their Charter stands, and by what indirect meanes they support it, being borne by strength of Purse and Court Donatives, which in true English are but complementall bribes, which dare not appeare among their publique accompts, as is obvious by the following order.

At a Court holden Decemb. 23. 1622.

ACcording to the Order of the generall Court, this day they tooke into consideration the businesse of the Accompt required by the Commissioners, which this Court concerning to be a matter that may concerne divers great personages whom the Company have upon divers occasions presented with gratuities: It is not thought meet to give any such accompt as may any way touch the said great Personages, but rather to a void the accompt by some good courses, to which end it is agreed that Master Governour and Master Deputy, or one of them, doe take some such course as they shall thinke convenient.

At a Court holden Novemb. 16. 1623.

THe Court had consideration according to the season of the yeare, of their yearly presents to such Honourable Personages as they have received favours from; and first forasmuch as they have beene extraordinarily bound to the favours of the Lord Treasurer, the remembrance it now to be enlarged at Newyeares tide, and that they shall present his Lordship with 200. peeces of 22.s in gold, and a peece of Plate, as an acknowledgement of his Lordships speciall favours.

  • Moreover, to the Lord Duke of Buckingham.
  • To the Archbishop of Canterbury.
  • To the Lord Treasurer.
  • To the Lord Keeper.
  • To the Lord President.
  • To Mr. Secretary Calvert.
  • To Mr. Comptroller, &c.

Having made it apparent by the premisses how this fraternity of Ingrossers is repugnant to all Laws both of Nature, of Nations, and of those of this Kingdome, as not being able to produce any municipall right thereunto; it remaines now to prove further, that this selfe-enriching society derogates from the repute and honours of the English Nation abroad, for they are esteemed (as indeed they are) no other then a Monopoly, which being odious every where makes them lose both love and respect as well in Germany as the Netherlands, for though they enjoy some immunities where they come for their diet and lodging, it is not for any love unto them, but for the encrease of Customes and other advantages they bring along with them to that particular place. And it is observed, that they setled themselves no where yet, but there hath beene jarring betwixt them and the Towne at last, which hath made them remove their Tents so oft, and shift from place to place: besides there is commonly ill blood bred, and matter of contestation and envie betwixt that Town where they seat themselves, and other circumjacent Towns, as happened of late yeares betwixt Rotterdam and Amsterdam. Out of the precedent discourse and the circumstances thereof, this Inference doth necessarily follow, That the Company of those who stile themselves Merchants Adventurers (in statu quo nunc) take them in the condition they are now in, is not only against the hereditary priviledges, but also a pressure and a grievance of a high nature to the freeborne Subjects of this Realme of England. But in regard it is a common saying, that one tale is good till the other be told, let us examine and answer the arguments they produce for their owne vindication and defence.

The Arguments which the Merchants Adventurers alledge for their justification, may be all reduced to these three heads.

First, they cry up the Antiquity of their Company.

Secondly, the Ability of it.

Thirdly, the Necessity of it.

1. Touching the Antiquity thereof, they affirme their Charter to have beene granted them above 250. yeares past.

2. Touching their Ability, they alledge that they are of sufficient wealth to take up and buy all the White Clothes yearly made in this Realme for readie money; therefore there is no need to have a greater number added to them.

3. Touching the necessitie of their Company, they declare how by meanes of the same, and by their discreet government, the commodities issuing from Wooll have beene highly advanced, alledging that Clothes in the time of King H 7. being worth but 3. 1. are now sold for twice as much. Moreover they say, that if libertie should be granted every man to trade as he pleaseth, the unskilfulnesse of the traders meeting with the subtiltie of the people with whom they are to deale, great losse would ensue thereby to the Subjects of this Kingdome, besides the confusion that would inevitably follow.

To the first of these concerning their Antiquitie it is answered, that

As it is a rule in Divinitie, that Prescription cannot priviledge an errour, no more can it doe in civill government. It is true, when Edw. 3. by his extraordinarie wisedome had procured Cloth to be made so plentifully within this Realme, he incited and stirred up his subjects to the venting of those Clothes by transportation of them to forraine parts, whereby he granted them many favours: and Henry the fourth erected them to a Company that went by the name of a Brotherhood of Tho: Becket, Bp. of Cant. yet with this proviso, that any man paying the Haunce of an old Noble might freely consort and trade with them. But in the reigne of Henry the seventh the said Companie out of self-love and desire of lucre sought to appropriate the said priviledges so granted to all soly unto themselves, and attempted to exclude their Neighbours and Countrimen from the benefit of that trade, contrarie to the freedome and orders of all Mart Townes, which being complained of in Parliament, that famous Statute before inserted was made by that wise Legislator Henry the seventh; whence if one looke backward, he will finde that they cannot plead above 100. yeares antiquitie.

The Staplers were far more ancient, yet we know to what a reformation they submitted themselves; besides, in the carriage of all mundane affaires, the quality of the times, and the face of things doe alter ever and anon. Those Immunities which were granted in the Infancy of trade, to incite people to the encrease and improvement of it, are not so proper for these times, when the Trade is come to that height of perfection, and that the mystery of it is so well known: and it is daily found by experience, that what was good and profitable to a State, by the alteration of times becomes prejudiciall; as for instance, it was lawfull for the Company of Staplers to transport Woolls, but when we attained to the knowledge of making Cloth, it was not good, and therefore prohibited.

Touching the second allegation, that their ability can extend to buy and vend all the Clothes that are made yearly. For the first part of this Argument that concernes their ability, it is too well known by what extrajudiciall, and monopolizing wayes they have thus enabled themselves to swallow up the market; for it hath beene by a constant engrossing of the Trade so many yeares, to the impoverishing and prejudice of their fellow Subjects, and to the feathering only of their owne nests. The strength of a Kingdome consists in the riches of many Subjects, not of a few, in so much that were this Trade enlarged, it would tend to the multiplying of able and wealthy Merchants, it would disperse it to a greater latitude, and further ennobling the Trade, and prevent the encrease of poore men and beggars up and downe the Land: for it is one of the maine reasons why there are fewer beggars seene in Commonwealths then in Kingdoms, because of community and freedome of trading, by which meanes the wealth of the Land is more equally distributed amongst the Natives. But suppose they be able to buy all the Clothes, is it not against common reason, and the Subjects birth-right, that therefore they should be permitted so to doe and others debard.

Concerning the necessity of this Incorporation, it is enforced by a twofold reason.

First, they pretend that the sale of our Manufactures is more advanced, and the esteeme and price thereof borne up by their guidance and government, which is now double from what it was.

For answer, it is true that the rates of our woollen Commodities, as of all other sorts of Merchandize, are much raised from what they were, but this is an act of time, as in all other Countreys where Trade is free, in so long a tract of time, the prizes of all things change, especially since the discovery of the West-Indian Mines, which have so exceedingly encreased the plenty of money through all parts of Europe.

There be divers other reasons why the rates are raised, as the alteration of value in Coines and exchanges. Secondly the raising of Rents. Thirdly the endearment of victuals, which rise still with the encrease of people. And lastly the chiefe reason is, because there hath beene such vent for our Cloth abroad, and that is the maine cause why our Cloth and other woollen Commodities are so much risen; but grant the Company beare up the prices of commodities abroad, may they not by the same power and policy keep up the prices of forreign commodities at home, by which meanes the Kingdome suffers both wayes?

Secondly they say, that if Trade were free, all would suddenly fall to decay, both Merchant and Clothier would be beaten out of trade by the Dutch; for if our Merchants who transport Cloth were not ordered by the Company, they would send such abundance into all parts, as they would not be able to gaine thereby: and so the Merchant would be discouraged to send any more, or if he doe send he will be sure to give the Clothier every time lesse for his Cloth, so that the Clothier nor Merchant will bee able to live by it; and by this overclogging of the market, our Cloth will be brought into dis-esteeme and not so regarded, as it is now by this Government.

This Objection at first fight carrieth a specious shew, but if it be cast into the ballance of truth, it will beare no weight at all, it is rather a conceit then an Argument, for they cannot prove it by any act of experience, only they imagine such a thing. It is confessed that regularity and government is commendable in all things, otherwise disorders and a promiscuous kinde of confusion will follow. The French and Spanish Companies sang the same note before Tertio Iacobi when they were dissolved. There bee generall Lawes to regulate trade, and to preserve it from confusion; we desire still a government, but not a Monopoly, that so few should engrosse the whole masse and bulke of the prime trade of England to two Townes only. Trade (though the comparison be homely) is like Dung, which being close kept in a heap or two stinks, but being spread abroad, it doth fertilize the earth and make it fructifie; nor need we any forraign hands to spread it, wee have enough of our owne were they permitted. Touching the over-glutting of the market, it might well fall out, that if free Traders were confind to two Towns only, they would peradventure surcharge them, but having the choice of so many Ports, and such a variety of places, there is no such feare of a glut. As touching the esteeme and rates of our Cloth, which they pretend would bee prejudiced, let them know, that it is not the high price but plenty that propagates Trade; and for the high rates of our Cloth, we may impute that not so much to their Government, as the policy of the Dutch themselves, who to make Dutch Cloth more vendible, hoise up the price of ours, and that our Cloth and other woollen Commodities are endeared by the Company here, shall be proved afterwards.

There are two main things that conduce to make a trade flourish, plenty of Merchandize and multitude of Merchants. Now it can be proved that in the yeare 1633, before that strict Proclamation for restraint came out, there were neere upon 600 Traders in those commodities: and in the yeare 1639 not above 180; and in Holland before that Proclamation when they made most, they made not above two thousand Clothes yearly, but since they have made some yeares twentie thousand, and they fell also to the making of Perpetuanoes, which they had never done before; so that trade is insensibly stolen away from us, our workmen by hundreds going over to set up their manufactures in other Countries, because they were discouraged to exercise their ingenuitie at home, and have freedome to make away to their best advantage any new-fashioned stuffe, by reason of the said Proclamation of restraint, whereat there was much discontentment abroad, as wel as at home, for Amsterdam and other Townes did stomach extremely, that his Majestie of Great Britaine should exclude them, and that Rotterdam should be only priviledged to be Mistris of the Trade.

But they seeme to object further, that such a generall freedome of trade might give libertie to become Merchants without an apprenticeship, which is an injurie to them that have served, and may hurt them who have not served, who adventuring unskilfully shall be sure of losse.

It is answered, that the losse of the new Merchant may be conceived to be more the hopes then the feares of this Companie. They that have served have the advantage of knowledge and skill for their time and moneys. And touching capacity and skill it might be urged, that by the same reason young Gentlemen should be kept from their sands for want of experience to manure them. But touching apprentices, it is not the least abuse amongst them, that taking such a considerable summe, as two or three hundred pounds with some, it makes the masters lesse careful to expect duty from them, and it makes the Apprentice more presumptuous, and take greater liberty. And on the other side we hope it will appeare, that were there a freedome of trade permitted and published for Holland, Zealand, Flanders, Brabant, East Freezland, West Freezland, Hamburgh, and the territories of the same, and into all Germany, it would not only be a great benefit to this Kingdome in generall, but also an extraordinary incouragement to all active and industrious spirits, to seeke more Ports, and make quicker returns, and wind the penny sooner; whereas the affections of many are now dampt, because they must be subject to the Company in a servile kinde of obedience, and are illegally sworne to obey all their unjust and unorderly Orders, whereof we shall here insert a few.

First, let us take notice of the Taxes and Impositions, which the Merchants Adventurers doe lay or leavie upon all Woollen commodities which they transport, viz.

All Loner white Clothes pay per Cloth 4.s. 6.d.
Short white Clothes per Cloth 3. 0.
Loner coloured clothes Saffron, Kentish and Redding per Cloth 2. 0.
Clothes died & drest forth of Whites per colour 2. 0.
Plunkets 2. 3.
Clothes died and dressed of Spanish making. 2. 0.
Kerseys cont 0. 6.
Elbroad Perpetuanoes per peece 0. 6.
Yardbroad Perpetuanoes 0. 4.0b
Double Bayes 0. 9.
Single Bayes 0. 4.0b
Devons dozens single 0. 4.0b
Northerne dozens double 0. 9.
Northerne dozens single 0. 4.0b
Short Worsted hose for men pay per dozen 0. 4.0b
Long Worsted hose 0. 6.
Woollen hose for men 0. 5.
Woollen hose for children 0. 1.0b
Short Kersey stockings 0. 1.0b
Long Kersey stockings 0. 6.
Meniking bays and Frizidoes per peece 0. 1.0b
Buffins narrow, Moccadoes, and Norwich Grograns per peece 0. 1.0b
Buffins broad Philip and Cheaney 0. 2.q.
Carols of Norwich making 0. 1.0b
Buffins double 0. 4.0b
Cottons the hundred goads 0. 9.
Double Durances and Cameleons 0. 5.
Single of the same cont: 14 yards. 0. 2.0b
Flannell the hundred yards 0. 7.0b
Freezes 0. 9.
Venetian Fustians 0. 3.
Parogans of Norwich mixt and plaine 0. 4.0b
Pyramides and Floramides 0. 2.q.
Porops Damosolos, broad Damas 0. 6.
Middles Sayes broad 0. 9.
Narrow 0. 4.0b
Narrow Linsey Woolsey drest the hundred yards 0. 5.
Cloth Rashes broad per peece 0. 9.
Narrow 0. 4.0b

Now it must be confest that these taxes do endear the goods, and therefore the Company cannot afford as cheap as other Merchants might doe.

Secondly, their order for stinting or limiting their members to transport but a certaine quantitie of Cloth, runs thus.

At a Court holden Octob. 11. 1606.

LEtters from the Brethren of Middleburgh of the fourth of October 1606. were now made publique, they give knowledge that they have agreed to the augmentation of the generall stint, and of the yearly and monethly number of Clothes to be shipped out upon the free licence, referring us to the specification of every mans proportion of stint sent with their letters, and now read; which proportion of stint all the trading Brethren are enjoyned not to exceed within the compasse of any one year, upon the penalty of 40.s. per Cloth. And to prevent abuse, they ordaine every Brother that shall ship any woollen commodity, shall be yearly purged upon his oath, the forme whereof was now sent and read also: and in case any should refuse or neglect to take the said Oath by the last day of August every yeare, then he to pay 20. pound sterling, and to have no benefit of the free Licence till he hath taken the said Oath.

Much might be said of this stinting Order, but we shall say but little for brevitie sake: how prejudiciall it is for any man to be stinted that would trade more freely if he were permitted, is bestknown to the members of that Company, and what an injury it is to the Clothiers, their Petitions depending in this Parliament can sufficiently witnesse.

Thirdly, their order for shipping in no other ships then the Companies Ships, the substance of which Order is as followeth, viz.

27. April 1605. restraint of shipping but onely in two ships, upon paine of forfeiture of 40.s. per Cloth.

Orders of stint revived, and no newes to be sent over of any more Cloth to be sent till hereafter, and men should forbeare wholly shipping for a time.

27. Aprilis 1605. Richard Fox Cloth-worker, condemned to pay 40.s. a Cloth for mis-shipping.

At a Court holden the 11. of September 1605. divers masters of ships made suit for taking in of goods, and were refused, and if any of the Company would lade as could, were restrained by order.

This order tends to the destruction of the Navigation of this Kingdome, and the undoing of sea-faring men, and this is the language of the Parliament in his late Majesties reigne, and the generall complaint of the Mariners now; moreover, to ship in the Companies ships will cost almost double freight, which is no small matter.

Fourthly, their order for shipping but thrice a yeare is to this effect.

At a Court holden the 9 of February 1604. no shipping out of Cloth to Middleburgh but three times in a yeare, February, May, September.

This order is of a threefold prejudice, in generall to the Kingdome, in particular to the Merchant, and especially to the Clothier, who cannot sell but when the Merchant will buy, and the Merchant will not buy but when he may transport, and if he may not transport when he pleaseth, the cloth must lie unfold either upon the Clothier or Merchants hands, which losse of time endeareth the commodities. It is to be feared this Company might for their private lucre also make an Act, that the members of their Company should be stinted in the price they should give for cloth, as well as the quantity they must buy or transport, and indeed they are come very neare to it, as manifestly appears by this following Order.

At a Court holden April. 19. 1634.

MAster Withers did exhibit two severall Papers to this Court to be considered of, concerning what abatements should be made for all defects of Cloth, whether in weight, length, or breadth, as also some points for the ordering of tarre, which he desired might be commended to the Courts of Hamburgh and Delph, that they might consider thereon, and further advise of any other course, and it was accordingly ordered; but the Court of Hamburgh is to be desired to make no Act in this businesse, till they have acquainted this Court with their opinion therein. As for that Mr Withers desired might be considered here, to wit, that no brother should buy any white cloth that is made in Gloucestershire, Wiltshire, Oxfordshire, and the Easterne limits of Somersetshire, without abatements for all faults in which they shall be found defective: It was now by generall advice and approbation ordered and enacted, that every brother of the Company who doth buy cloth contrary to that effect, shall forfeit 20. s. upon every cloth so bought, toties quoties without favour or pardon; and to the end that every brother may bee acquainted with the contents of the said Draught now published, and whereupon this Order is made, it is thought fit that the said Draught be printed, and one given to each brother; but this is to be done after the Lords of his Majesties privy Councell shall have by their Order given countenance to this Act, to which end their Lordships are to be petitioned, and Mr Deputy accompanied with some of the Committees for trade, is appointed to present the same: After these things the Court did take into consideration the paines which Mr Withers hath taken in their businesse the last yeare, and have gratified him with 500 Marks, his time being to end with his accompt the 25 of March, hee did now thankfully accept thereof.

It is worth the observing when this Order was made, even about that time when they had by their often gifts at New years tide, and other left handed meanes, got their Authority to be proclaimed for restraining all Merchants, not free of their Company, from transporting any woollen Commodities, or to pay 100. l. and come in to the Company; then they make this Order to curb the poore Clothier to abate for defects as much as they please; and though that Order was not to bee enacted by them before the Lords of his Majesties privy Councell had given countenance thereunto, yet notwithstanding at a Court holden the 21 of May 1634, the said Order was confirmed without consent of the Lords. Thus wee see how illegally the Company proceeds in their owne Courts, against their owne Orders, and molested the Clothiers by many suites in Law, and not only them, but also others, and were at vast expences to get their own ends.

At a Court holden March. 4. 1634.

THe Committees that were appointed to deale with Mr Withers touching his entertainment, now brought back that businesse to this Court, for that they found his accompt of charges to bee such, as they conceived it meet the Court should be made acquainted therewith before any resolution were taken touching his allowance of the same; for they finde in one yeare, viz. since our Lady day last, being now almost one whole yeare, a matter of 270. l. laid out upon ordinary charges, and about 150. l. laid out in charges of Law suites, whereof some 100 Marks in a Star-chamber suite against Sir Edward Bainton, whereupon the Court had consideration, and conceiving that the Company might bee brought into some disrepute by suits against clothiers, or taking the benefit of forfeitures of penall statutes, but especially might perhaps be brought into some danger for maintaining that suit in the Starchamber, it was for present ordered, that the allowance of Mr. Withers said accompt should for a while be held in suspence untill the Company were well satisfied what to resolve therein. In the meane while because Mr Withers is forthwith to goe into the Country, it was ordered that Mr Treasurer should imprest unto Mr Withers 200. l. upon accompt of his ordinary charges, untill further audit of his accompt, and Mr Deputy and Mr Peter Jones are desired to counsell in the Companies behalfe with Mr Attorney Generall, what is safe and fitting for the Company to doe in bearing or forbearing the meddling with the charge of Lawsuits, upon returne of whose opinion the Court will resolve herein as they shall finde cause.

Here we see the cunning dealing of this Companie, that when they had done their worst in Law, and perceived they could not prevaile, then they seeme to be very cautious to meddle with the accompt of charges.

At a Court holden the 29. of August 1635.

THis Court did proceed to consider of the gratification of Mr. Withers for his lost yeare, and for paiment of his bills of charges in the same, as also for his entertainment for the yeare to come, in which they desired to include his further charges whatsoever, and he not to accompt as hitherto he hath done; and having found that his bill of charges for the last yeare came to 420.l. whereof 150.l. was for Law-suits in the Star-chamber, and other Courts of Iustice, it was agreed and consented unto, that the 270l. for ordinary charges should be paid, but for the other 150.l. they would deferre the payment thereof untill the cause betweene him and Sr Edward Baynton were ended; and if then Mr Withers were loser thereby, then he should have recourse to this Court, who would then further consider thereof.

Note the precedent order, the 150l. expended in Law and Star-chamber suits, Mr Withers must not have untill the Company doth see which way the scale will turne, and if Sir Edward Bainton be cast, then the Company will owne the cause, if not, they will seeme to disclaime it, and finde out some back doore or private way to pay or gratifie Mr Withers.

Fiftly and lastly, the Company tieth their Members to trade to two Towns only, viz. Hamburgh and Rotterdam. First, it is well knowne that to goe to Rotterdam is but the entrance of Holland and other parts, and although the Merchant may transport his commodities as farre againe and deeper into the Countrey for the same freight, yet he may not; neverthelesse before the commodities doe come to the Retailers hands it must be transported from Rotterdam, and then it costs more freight and other charges then is paid from London to Rotterdam: thus unnecessarily they charge our commodities.

Secondly, it is prejudiciall in the highest nature to the sale of our commodities, for the pettie Shopkeepers and Retailers will not come so farre to buy our Commodities. It is too chargeable, costly, and sometimes dangerous travelling, and will not quit cost to travell so farre to buy small quantities. Now this inconvenience is fallen upon it, that the great traders or buyers of our Cloth, which the Dutch call Grossiers, (and it is a proper name for them, because they are engrossers of our Commodities) doe come and buy great quantities together, and when these men are come to Amsterdam and other remote places, then they furnish all those smaller Shopkeepers and other Chapmen with our commodities, and these men get a competent gaine thereby; which if trade were free, our Merchants might gaine so much the more, or afford our Cloth so much the cheaper unto the Retailer, and by cheap selling we should the sooner beat the Dutch from making. But there is a greater harm in it then this; for the chief makers of Cloth in Holland and those parts thereabouts be those great buyers or Grossiers, who aime at ingrossing our cloth for two reasons; first, because they get good gaine upon our commodities in selling them, as aforesaid, to smaller tradesmen; but secondly and principally, to advance the sale of their owne home-made cloth before our English, which is easily done having the sale of both in their owne hands, none can hinder them; and seeing it is so, that the Dutch do make great quantity of cloth and other woollen commodities, there is a far greater necessity of a free trade and selling cheape then heretofore, when the Hollanders made none, or but few; for then it was easie to make them give what price we pleased for cloth; but now we must not onely endeavour to sell our commodities, but should chiefly aime to sell so cheape, as might cause the Dutch to desist from making of cloth.

The greatest bane which ever the commerce of this Kingdome received, was, that the Hollanders and others fell to the making of cloth, and other woollen manufactures; and if the Flemming should come to set up woollen Loomes as the Hollander doth, to what a low ebbe our trade of cloth would sinke unto, it is an easie thing to be a Prophet.

Therefore there is no one thing that requires the policie of England more, then to draw the one, and prevent the other from making of cloth and other woollen commodities in that abundance. Now there is no way under Heaven to doe it but by devising wayes to sell our Manufactures at cheaper rates, and disperse them more up and downe the Countrey, which cannot be otherwise effected then by a free Trade, and multitude of Merchants, and by fitting all places and remote parts with such kind of Manufactures as are most proper for them: These reasons no doubt will give good satisfaction to indifferent men, who (under favour) cannot deny but this Company of Merchant-Adventurers is as prejudiciall to this Kingdome as ever the French or Spanish Companies were, and to prove they were so, it will be requisite here to insert an Act of Parliament in tertio Jacobi, by which they were dissolved; the Act runs thus.

VVhereas divers Merchants have of late obtained from the Kings most excellent Majesty under the Great Seale of England, a large Charter of Incorporation for them and their Company to trade into the Dominions of Spaine and Portugall, and are also most earnest suiters to obtain the like from his said Majestie for France, whereby none but themselves and such as they shall thinke fit, as being meere Merchants, shall take the benefit of the said Charter, disabling thereby all others his Majesties loving Subjects of this Realme of England and Wales, who during all the time of her late Majesties warres were in divers respects greatly charged for the defence of their Prince and Countrey, and therefore ought indifferently to enjoy all the benefits of this most happy peace, and also debarring them from that free enlargement of common Trafficke into those Dominions, which others his Majesties Subjects of his Realmes of Scotland and Ireland doe enjoy, to the manifest impoverishing of all owners of Ships, Masters, Mariners, Fishermen, Clothiers, Tuckers, Spinsters, and many thousands of all sorts of Handy-crafts men, besides the decrease of his Majesties Customes, Subsidies, and other impositions, and the ruine & decay of Navigation, together with the abatement of the prices of our wools, Cloth, Corn, and such like commodities arising and growing within this his said Majesties Realm of England, and the enhancing of all French and Spanish commodities, by reason of the insufficiency of the Merchants, they being few in number, and not of ability to keep the great number of our Ships and Seafaring men a work, and to vent the great store of commodities which this his Majesties Dominion of England, doth yeeld. And by meanes that all Owners and Mariners with divers others (if these Incorporations should continue) shall bee cut off from their ordinary meanes of maintenance and preserving their estates. And finally, by reason that all French and Spanish commodities shall be in a few mens hands: In respect whereof, as for many other manifold inconveniences growing thereby, much hurt and prejudice must needs redound to all his Majesties loving Subjects of this his Highnesse Realme of England, if reformation for the prevention of so great an evill be not had in due time: For remedy whereof, be it enacted by the Kings most Excellent Majesty, the Lords Spirituall and Temporall, and Commons in this present Parliament assembled, and by the Authority of the same, That it shall and may be lawfull to and for all his Majesties Subjects of this his Highnesse Realme of England and Wales, from henceforth at all times to have free liberty to trade into and from the Dominions of Spaine, Portugall, and France, in such sort, and in as free manner as was at any time accustomed sithence the beginning of this his Highnes most happy Reign in this his Realm of England, and at any time before the said Charter of Incorporation was granted, paying to the Kings most Excellent Majesty, his Heires, and Successors, all such customes, and other duties, as by the Lawes and Statutes of this Realme ought to be paid and done for the same. The said Charter of Incorporation, or any other Charter, Grant, Act, or any thing else heretofore made, or done, or hereafter to be done to the contrary in any wise notwithstanding. Provided alwayes, that this Act or any thing therein contained shall not be of force to enable, or give liberty to any person or persons to goe over Seas without licence, who by the Laws and Statutes of this Realme, or by any Statute hereafter to be made, shall be restrained from going beyond the Seas without licence, any thing to the contrary notwithstanding.

Were there nothing more said then what this Act of Parliament relates, it is sufficient to convince any rationall man of the unsufferable wrong the Kingdom receives by such illegall Incorporations: severall Parliaments have found and adjudged them so, and particularly this Company of Merchant-Adventurers, against which there passed also two Votes in full Parliament a little before his late Majesties death, extracted out of the Parliament Records as followeth.

Die Veneris 30. Aprilis, 22 Iacobi.

UPon a Report this day made to the Commons House of Parliament from the generall Committee for Trade, concerning the imprest money set by the Company of Merchant-Adventurers of London upon Cloth, and after long debate thereof in the House, It is resolved and declared by the said House of Commons, that the opinion of the House is, that such setting of the said imprest money upon Cloth is unlawfull, unjust, and a grievance to the people, and is to bee taken off, and no longer to bee continued by them: And upon further Report from the said Committee, and like debate in the said House, It is further declared, that the House thinks fit, that as well the Merchant Adventurers, as all other Merchants promiscuously, may transport to all places all Northern and Western Dozens, Kerfies, and new Manufactures.

H. Elsyng Cler. Dom. Com.

Die Lunæ 10. Maii, 22. Iacobi.

UPon a Report this day made to the House of Commons from the grand Committee for Trade, concerning the freedome of exportation of died, and dressed, and all coloured Clothes into the parts of Germany and the Low Countreys, by other Merchants besides the Merchant-Adventurers, and after long debate thereof in the House, It is resolved and declared by the said House of Commons, that the opinion thereof is, that other Merchants besides the Merchant-Adventurers, may freely trade with died, and drest, and all sorts of coloured Clothes into Germany and the Low Countreys.

H. Elsyng Cler. Dom. Com.

But to this they seeme to object the Ordinance of this present Parliament for the continuance of their Company: This, under correction, cannot hold plea, for the said Ordinance passed with this proviso and clause of reservation by the wisedom of both Houses, That all rights confirmed by Act of Parliament, or ancient Charters, should be thereby saved; so that it is rightly conceived that that Ordinance is not binding nor of a restraining nature.

Therefore it is most humbly desired, that the aforesaid Patent of the Company of Merchant-Adventurers may not be binding to others not free of their Company, in regard it is

  • {Illegall,}
  • {Vnusefull,}
  • {Prejudiciall,}
  • {Abusive.}

It is illegall, because it is repugnant to expresse Acts of Parliaments.

It is against the naturall right and priviledge of free born Subjects, as appeares by Magna Charta, and Petition of right. It is a meere Monopoly both in the intention and the execution, for by paying money the Subject enjoyes his right, and denying payment he is debard of it.

It is a grievance of the highest nature, in regard it gives an extrajudiciall power to imprison the Subject without baile or mainprize, to take away his goods, to contrive and impose oathes, to lay and levy taxes without limitations, and convert them to private profit to the prejudice of others, which is the truest badge of a Monopoly.

It is grounded upon Prerogative, not warranted by Common Law, or Act of Parliament, but directly opposite to all.

The pretence of it is the same that all monopolizing Patents have, viz. Regularity and Conformity, but indeed to usurp a right, and liberty, and to restore it againe for money.

The Patent is obtained by some particular men, without the knowledge or consent of others; and it is a rule that no man is bound to observe that Law, which himselfe consents not to bee made against him.

It is Unusefull, because that this Trade, and every other profession in England, is subject to regularity, either by laudable customes confirmed by Acts of Parliaments, or by Statute Lawes; and it is strange that a Projector should see a better way for regularity of trade, then ever was thought on by Act of any Parliament.

That other Merchants have no such need of regularity, onely they are subject in generall to the Lawes and Customes of the Land, yet they flourish and prosper; and in Flanders, Brabant, Artois, Henegow, and other Provinces under the King of Spaine, there hath beene no government by the Company for about fourscore yeares together, yet the trade of our Manufactures thrive farre better there, then in Holland, or Germany where regulation in trade hath beene, and our Nation is farre more beloved and respected.

That those moneys which are leavied, are not any wayes employed for the benefit of King or Kingdome, or for bettering the Trade, but serve only for bribes to preserve the ill-begotten Patent, and punish such as endeavour to enjoy their naturall right against the said Patent, which ends with this odde clause, That every thing in it shall be taken, construed, and adjudged most strongly against us (that is the King) our Heires, and Successors, and most benignly, favourably, and beneficially for the said Governour, Assistants, and Fellowship of Merchant-Adventurers.

The Patent is prejudiciall and abusive, for that they have done and doe this Kingdom the greatest detriment that ever befell it in point of trade, by instigating the Dutch to make a vertue of necessity, by making them fall to the draping of Cloth and other woollen Manufactures, out of the hatred they conceive to their Monopoly. It is too well knowne what clashings and contestations have happened from time to time betweene them. To instance in one amongst others, about the yeare 1634 there was such a contention betwixt them and the Dutch about Tare, that the Company kept their ware-houses shut up about seven or eight months, which made the Dutch, in meere despight, to set up his looms and to fall a draping, and so continueth.

But were it not for the restraint they make, and the power they arrogate to themselves of appointing the place where, the proportion what, the manner how, the time when our woollen Manufactures should be transported, the Gentleman would have more Clothiers for his wools, the Clothier would have more Merchants for his cloth, and the Merchant would have more chapmen for his ware.

And although the Company receive some Immunities from the Towne where they seat themselves, yet are they prejudiciall to the Kingdom in generall, for in lieu thereof those Dutch in London and other places, who terme themselves members of the Intercourse, receive the like Immunities here. And observable it is, that though the Company have such priviledges both at home and abroad, whereby they engrosse the trade of the Kingdome in such a high measure, yet are they liable to pay no greater taxes then others that have neither Charter nor priviledge. If they will have all the trade, it is reason they should pay all the taxes; but they are farre from paying more then ordinary taxes, although the taxes which the Company receives from their members are extraordinary; for as it is extracted out of their owne books, that from the yeare 1616 to 1641 they received in taxes 182295.l. and odde moneys, besides what they received beyond the seas.

The Company of Merchant-Adventurers doe keep up their Patent for one of these three reasons,

Either { for the generall good of this Kingdom,
{ for the benefit of Merchants in generall,
{ for the profit of their particular members.

To the first, if it were good for this Kingdom in generall, it is almost impossible but this Company would have beene established by Law, the conveniences and inconveniences thereof having been so oft debated in Parliaments, as is clearly proved for above 150 yeares past; but on the contrary, it never was complained of, but it still was condemned by the wisedom of the Kingdom, and freedom declared for all Merchants to trade.

To the second, if it were for the benefit of Merchants in generall, then for a certaine those Merchants of old time, and the succeeding ages, and the Merchants of these times would not have opposed and complained of them (as it appeares they have) but they would have soone discerned the benefit, which would have been sufficient inducement for Merchants to have joyned with the Company, and needed not to have been forced or beaten into that which is for their owne profit, nor need the Company constrain Merchants to grow rich against their will, especially by indirect meanes.

To the third, if it be for the profit of their particular members (as it cannot be otherwise conceived) then no doubt, but the Company will speed as in former Parliaments, which God grant.

For were there a freedome of Trade, it would be the onely meanes to cause the Dutch to desist from making of Cloth; and there is nothing that conduceth more to the inlargement of selling any commodity then cheapnesse, for the Dutchman alwayes goeth to the cheapest, though from a Christian to a Iew.

All the premises impartially considered, it is humbly conceived, that it will stand with the policie of this Kingdome to disanull, and cancell the Patent of those that ascribe unto themselves the sole name of Merchants-Adventurers, in regard it is already proved illegall, unusefull, prejudiciall, and abusive.

To conclude, this is not a new Complaint, but an old grievance, having been petitioned against above 150. yeares agoe, and complained of since from time to time, and in this present Parliament there are Petitions depending against the Company, as a Nationall grievance, of Merchants of London, the Clothiers of Worcester, Essex, Suffolke, Norfolke, Kent, Colchester, Norwich, &c. Whereupon it pleased the Honorable House of Commons to appoint a Committee to consider of the Pattent of the said Merchants Adventurers, who being permitted to bring in their learned Counsell, yet they could not prove the legallity thereof.

Thus without any aime of particular interest, but for the generall welfare of the Kingdome, with sincere hearts, and out of the deepest sence of sorrow and griefe of mind, having long observed their miscarriages, we are emboldened to present this generall grievance, as being thereunto bound by a two-fold tye of duty. First, as free-borne Subjects of this Kingdome our birth-right and hereditary Priviledges are neerly concerned, and therefore we ought in conscience to endeavour to preserve them for our posterity, as they have been transmitted to us.

Secondly, for that by the Protestation and Covenant lately taken by us at command of this Parliament, we are againe ingaged so to doe: And truly those two vowes (if remembred) will cause every true-hearted man at least to pray for that which hee is bound to defend and maintaine with the utmost hazzard of his life and fortunes.

FINIS.

Endnotes

 [* ] Which yet hath beene lately questioned in Parliament as a Monopoly, & their Charter there disclaimed by themselves as illegall.


T.46 (10.4) Richard Overton, Sacred Decretal, or Hue and Cry (31 May, 1645).

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Bibliographical Information

ID Number

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Full title

Richard Overton, A Sacred Decretal, or Hue and Cry. From his superlative Holinesse, Sir Symon Synod, for the Apprehension of Reverend Young Martin Mar-Priest. Wherein are displaid many witty Synodian Conceits, both pleasant and Commodious.

Europe, Printed by Martin Claw Clergy, Printer to the Reverend Assembly of Divines, for Bartholomew Bang-Priest, and are to be sold at his Shop in Toleration-street, at the sign of the Subjects Liberty, right oposite to Persecuting-Court.

Estimated date of publication

31 May, 1645.

Thomason Tracts Catalog information

TT1, p. 378; E. 286. (15.)

Editor’s Introduction

(Placeholder: Text will be added later.)

Text of Pamphlet

A SACRED SYNODICAL DECRETALL, Or, HVE and CRY, FROM HIS SUPARLATIVE HOLINESSE, Sir Symom Synod, for the Apprehension of Young MARTIN MAR-PRIEST.

WEE the Parliament of Divines, now assembled in holy Convocation at Westminster, taking into our grave, pious and learned consideration, all the goodly fat Benefices of the Kingdome, the reverend Estimation, Honour and Supremacy due unto the Clergie, and out of a godly care and pious providence as becommeth Divines for our own Guts, having used all subtilty and policy wee in our divine wisedomes &illegible; devise, to take a godly possession of the dearly beloved glorious Inheritance of our Fathers, the late Lord Bishops, their divine supremacy, their sweet, their wholesome and nourishing Revenues, their dear delicate toothsome Tithes, most supernaturall and pleasant to a divine pallat: yet notwithstanding this our godly care, our secret policy and cunning contrivances (gloss’d over one would have thought with sufficient sanctity) to our great sorrow & grief heart, the worke of the Lord of late hath been much retarded in our hands by the enemies of our peace, who most trayterously and blasphemously endeavour to turne us to the goodnesse of the people, by divers hereticall bookes, as the Compassionate Samaritane, The Bloody Tenet, and especially by that dangerous and destructive Book to the Clergy, intimled The Arraignment of Persecution, compil’d and dedicated to our divine Protection by that inveterate Malignant Arch-enemy to the Clergy, Young MARTIN MAR-PRIEST, who hath stung us to the very hearts, wounded our reputations, detected our Policy, and made us a By-ward, a &illegible; and derition in the mouthes of the People, and now, out of our pious zeal, (having a mind to exercise his patience with our godly chaltizement) the refractory Apostate, by his policy shrowdeth himself from all our Spies, Spirits, and Emisaries, yea and which is to be admired, even from our Sacred Syroddicall Conjurations, Classicall and Presbyteriall Exorclimes, Invocations, &illegible; Imprecations, Pernomina Admay, Zebasth, Adonay, &illegible; El, Elobim, Elion, Esperchie, Jah, Tetragrammation, &illegible; et per sedem Admay, et per O Theos, Iseyros, &illegible; Nareletus, et per bæe tria nomina secreta AGLA, ON, TETRACRAMMATON: perareat Spiritibus nosteis malificis Presbyteris Adonay, Suday, Reg regum, El, Aty, Titerp, Azia, Hyn, Jen, Minosel, Achadav, Vay, Vat, Fy, &illegible; Fye, Free, a El, El, a, Hy, Hau, Hau, Va, Va, Va, Va; and nothing appeareth but a Bull, tosting Sir John upon his hornes, and stamping the blessed Ordinance for Tythes under his cloven feet. O profame MARTIN! O wicked MARTIN! O sacialigious MARTIN! O blasphemous MARTIN! What, tosse a Presbyter, and profane the holy Ordinance for Tythes, MARTIN’S not a Benefield man, that’s infillible divinity. Wherefore we being thus heard and Bull’d, WEE Decree and Ordaine as irrevocably and unalterable as the Lawes of the Medes and Persums, yea, be it in &illegible; feculorum, as Authentick as the Directory, that if any person or persons whatsoever, be they hee or shee, male or female, man or woman, boy or girle, that can frighten Young MARTIN MAR-PRIEST out of this his horrible terrible horried Carsock, or can any wayes make an exact discovery of him, or can betray his person into our Synodicall Protection, that He or Shee so doing, shall have &illegible; present pay &illegible; a thousand Tith &illegible; pet &illegible; in &illegible; for he hath so uncassock’d our misterious divinity, our crafty subtill Belly-timber designes, our pious &illegible; with the Peoples Liberties, &illegible; godly Ambition above the State, that if he be not prevented &illegible; &illegible; powring his Plagnes &illegible; generall and &illegible; ROT will suddenly surprise the whole Clergie, and wee shall all surely die of the new &illegible; called the Martin, an Epidemicall fatall disease unto the Clergie, the Lord in his mercy look upon Us, thine owne Tribe, &illegible; Tribe of LEVI, wee had better have sit neere two yeers longer in our most holy &illegible; and made our Fourty thousand foure hundred pound Directory, a Directory of Fourescore thousand. Eight hundred pound; &illegible; rather then hee should have discovered to the people their own native liberties and birth-rights, for their ignorance is the dear Charter by which wee hold the venerable Tenure of our &illegible; and the &illegible; Pillar upon which wee nerect our Reverence, Ambition and Supremacy: wee had thought plainibly, and without all noyse, to have undermin’d them &illegible; a &illegible; which we Divines call Mistery of Misteries, had not this cunning puted &illegible; unfolded our riddles, and made them so plain, that we know not how to zeale them over with sanctitle to the eye of the people: Wherefore, (O all ye Divinest) curse him with your &illegible; in seculd &illegible; ultra, all yee Presbyters, knock &illegible; his braines with your Classicall Cluo, all ye Assembly of certaine Tith &illegible; &illegible; upon MARTIN, run at him open mouth’d, rend and teare him with your young small Presbyterian Tusks, O all yee divine white faced Bullcalves, gloore, bellow and &illegible; like the mad Bulls of Bason, and tosse him (if you can finde him upon your shornes, till yee shake him out of his &illegible; Hide: O ye Presbyterians. Tith Turkey-cocks, set up your feathers, clap your wings, advance youn &illegible; coxcombes, bumme, &illegible; and goble, goble, goble, goble against MARTIN, till ye fright him into Not-ghre, or &illegible; &illegible; &illegible; &illegible; or the &illegible; grave and learned Tyth Greese and &illegible; call &illegible; Assembly, consult and combine against MARTIN, to hisse and guggle him out of his Five pestilent senses, for he meanes at one blow to dash in pieces all your Tith milke-parles, bowles and &illegible; potts, &c. and never leave thumping, as long as he heares us &illegible; or call for &illegible; against &illegible; Brownists, &c. or hears a Tith-pigge but squeeke in Sir &illegible; pocket: O yee Classicall Clarkes and Sextons of the Three Kingdomes, demolish and pull downe all the Martins nests from your Church-walls and steeples, and have a spirituall care (as you will answere the contempt of the New Ordinance) that hereafter no birds build, chatter, or doe their businesse, or sing there, but Church-owles, Jack-Dawes, otherwise called Sir Johns, blinde Batts, Presbyterian Wood-cocks, and the like: O yee two Houses of Parliament, make another Ordinance to make all the Martins flie the Three Kingdomes next Midsommer with Oncecowes and Swallowes, that wee may have a Blew-cap Reformation, among Batts, Owles, Jack-Dawes, and Wood-cocks (and then Blew-cap for us.) O all yee Presbyterian Hang-men, mercilesse Goalers, cruell Executioners, terrible Tormentors, and other our Synodian &illegible; and keepers of our Presbyterian Warehouse, draw up all your Instruments of torture, and torment in Bartalio, and advance into the South against MARTIN, give him an Alarum, fall upon his Quarters, and divide them into Weather-cocks, (but first let us catch him) upon the perill of our malediction, presently appear in your Armes, and let all be prepar’d, triple knotty corded Whips, to slash MARTINS sides, Pillories for peoping-holes for MARTIN: Sharp Knives to cut off Martin’s cares: hole burning Irons, to &illegible; Martin’s checks, Hunger and Thirst, to pine, pinch and starve Martin, divine Halters of the best Tyth-Hempe, to hang Martin: Fire and saggo: to burne Martin: Spirituall Caldrons, divine spits, holy Fire-forkes, and sacred Gridicons to boyle, roast, and broyle Martin: Lowsie, stinking, silthy, &illegible; and noysome Dungeous, to stisle, devoure and poyson Martin, for Martin must be devoured; but how shall we find him! O ye Stars, Fates, Man, Angells, Blew-caps, and Devills, wee are mad, mad, and will be mad, stamping, staring horn-mad, for when wee looke him at London, hee’s at Yorke, when wee look him amongst the Lords, hee’s with the Commons, when wee look him in the North, hee’s in the South, when in the Fast, hee’s in the West, when we thinke to spie him amongst the Independants, hee’s in the godly shape of a Presbyter; when wee thinke to catch him at publike Meetings, hee’s at our private consultations, conclusions and debates, and now to secure himself from our last shift, the cunning Varlet’s skipt into a Bulls-hide, Martin knows, they must have a long spoone that eates with the Devill, hee’s such an Ubiquitory, wee know not how to deale with him, hee’s even too hard for Sir Simm, Sir John, and the Devill himself, that wee are even at our wits ends, hee’s but a little bird, but a pestilent one to the Clergie, hee feares not to encounter with the ravellous Tith-panched numerous headed Hydes of Divines, and is resolv’d to pick out their eyes. Oiueffable Omen! O mischievous Priest-murtherer Martin! desperate Martin, wee I try thee by a Jury of Fresbyters, but all the wasts in the catching: Good people helpe us, as ye hope to pay tythes, or else we shall leave Preaching: if Martin be suffered, your I have all the misteries and hidden things of the Clergy laid open, had goe neere to tell you, how we bore you in hand, that the Common Prayer-Booke &illegible; the Worship of Almighty God, so long as wee found any marrow or &illegible; in it, and that in its Abolishment and introduction of the Directory, we did not so execrate the one, and &illegible; the other, as not to lay down the New, and humbly lick up our Vomite, and returne to the Old, if the King should come home again, (as nothing is impossible:) that in our Pulpits, Presses, and in our Directory, we declare, that We &illegible; the &illegible; not for any evill that we apprehended to be therein, but to satisfie the People, (tis good to have a care to the maine chance) who were offended therewith: The temper of the People is an infallible Rule to us in the Worship of God, but tis otherwise with us in the heavenly Ordinance for Titbes, and very good reason too, a bird in the hand is worth two in the bush, the good Ordinance for Titbes, is far better then the good will of the Vulgar, (fair words butter no &illegible;) though they would have &illegible; therewith content, and are offended at our Tithes, wee must not have our mouthes muzzld, considering what toylesome Cattell wee are, to treade out their Corne into our Barnes. Heel tell the Country, That wee sanctifi’d our New DIRECTORY Gospel, but to the temper of the City, tell the City, That the Countrey people know not what to doe with it, except to stop their Bottles, unlesse wee spend the State the other odde trifle of 40000. pounds, to divide it into Chapters and Verses (the Lord put it into their hearts:) and that as the truth is, its sanctitie is only grounded upon the divine Ordinance for Tithes (some wiser then some) for no longer Peny, no longer Pater-noster: Yea, hee I not stick to tell the people, That the inhancing and ingrosing all Interpretations, Preachings, and Discipline into &illegible; own hands, is a meere Monopole of the Spirit, worse then the Monopole of Soape, &c. and that the new Ordinance of the 26. of Aprill, that no Person or Persons be permitted to Preach, that is not ordained a Minister, &c. is but a Patent of the Spirit, to get the whole Trade into our own hands, and so rob the people with what Ware, and of what price we please, thereby only to advance and enrich themselves, impoverish and &illegible; look in their faces, and pick their pockets, If Proaching should not be reduced and reconfounded in the antient bounds of the Clergie, the &illegible; would out-strip the Scholasticks in Teaching, and Knowledge would so encrease and multiply amongst the Common People, and Preaching grow so common with them, that We should grow out of &illegible; and all things that are good and dainty, to depart from us, therefore it was wisely prevented in time: And which is worst of all, a thousand to one hee’l blab it cut to the World, how craftily wee have dealt with the Parliament, and cheated the State! and as the way of a Serpent upon a Rock is unknowable, so have our circumventions, &illegible; and subtill contrivances been even invisible, inscrisible to them, and so silently, secretly and gradually have intic’d them with the &illegible; of Religion, and caught them with a Syncdean hooke, wee held out the Leigue and Covenant, the Cause of God, and the like, to the Kingdome, and at longth pluck’d up the fish call’d a Parliament, out of their proper Magesteriall Element, into our Synodean spirituallity, and thus neatly wrested the Scepter out of their hands, that they neither know nor perceive it, that in truth, the Assembly is desembled into the Parliament, and the two Houses made but a Stalking-house to the Designes of the Clergy. They say, It is Decreed and Ordained by the Lords and Commons, &c. but in Plaine English, it is by the Assembly of Divines, ’tis true, it is the Lords and Commons in the History, but the Assembly of Divines in the Misterie, as MARTIN wisely hinted in his &illegible; before his book of the Arraignment, for We are become the sole Directorie, and coercive Power both in Church and State, a Supremacy due unto us, as well as to the Pope, and though we give them (as men doe bables to Children) the Title of making, and judging of Lawes, to please them yet with such distinctions and limitations (to speak this under the Rose) that we intend for our selves, that which we give unto them, even as our Brethren of the Society of Jesu doe concerning his Hoiiuesse the Pope, in his Infallability, and Temparall Power; this honour and priviledge was of Divine Right given, and antiently enjoyd by our Reverend Fathers the Bishops, and why should we not be heirs unto it by our legitimate litreal discent? All Lawes, Statutes and Ordinances both concerning Church and State, were Decreed, Ordained and Enacted by the Lords Spirituall and Temporall, &c. and why not now by the Assembly of Divines, and Parliament now assembled &illegible; Westminster? this is not yet in the History, for indeed, our matter is not yet ripe for such a discourse; The aye blessed Divines of Scotland first laid the foundation, upon which ever since, the Businesse hath been prosecuted, they foysted into their States Protestation in Septemb. 1638. that the Synod and Parliament are the Law-makers, and the Low-interpreters, both Divine and Humane, and whatsoever doth but glance upon our Proceedings, our Preachings, Writings and powerfull influences upon the State, may evidently discerne that we have it not only de facts, but even misteriously have made it our owne de jure, and in time, when we have brought our designes about, in all Acts, Statutes and Ordinances of State, we shall speak distinctly and plainly in the language of our Fore-fathers, the Lords Spirituall; indeed this &illegible; was found intollerable, and burthensome to the State, and People, therefore having so good advantage to transferre it to our selves, it being very honourable, pretious and profitable to our gutts, we wisely helpt to Vote them out of the House of Peers, caught hold of their Supremacy, and let their Lordships goe, and very prudently &illegible; it to King Henry the Sevenths Chappoll (of ease) and make as much use of it there, yea more, as if we were in the House of Peers, for thereby we act more misteriously and covertly from the peoples discerning, and thus our intents (to speak privately among our selves) is in plaine English, not for a reall, but a Titular Reformation in Church and State, which by comparing spirituall things with spirituall, is to make our Ecclesiasticall Jurisdiction Independant, according to the affirmation of our Scotch Brethren, in their Answer to Marquesse Hamiltons Declaration, compared to Traviers, the Scotchman, Dedisrip. Eccles. pag. 142. Huick discipline omnes orbis principes & &illegible; &illegible; submitteric, & parere necesseiest,Traviers, de Discip. Eccl. p. 142. there is a necessitie that all the Princes and Monarches in the World should submit their Scepters, and obey this Discipline, and to this &illegible; the Divine saying of our Brethirer, proclaimed at the Crosse of Glasgow, That our Assemblies are the supreme Judiciary in all Causes, &c.

This subtill Tell-idle must be taken, or elso all’s &illegible; all’s &illegible; both Parliament and people will understand our deceit, and then Sir John may goe whistle for his Tithes, if the People once understand their own Rights, and that the exaction of Tythes, is meere Theft and Robbery, they’l have the wit (if they be wise) to keep their owne, cease hiring us to cheate and delude them to their faces, while they want to supply their owne necessities, and cashiere us, as they did the Bishops; then the Parliament will regaine their Power, and the People their native Liberties from our divine usurpation, and we shall be laid levill with the Mechannick illiterate Laicks, (a wickedness not to be mentioned in the Church of God) this is MARTINS drift, that great Anti-Clergie O that profane Martin! that cursed Martin! that wicked Martin! wring off his neck, for ever and ever, And let all the people say, AMEN: O all ye holy ravenous Order of Syon-Jesuites, pluck off his feathers, teare him in pieces, rend his flesh, crush his bones with your great Iron Teeth, make no more of him then you would of a Tith Pigge, be sure to devoure him, but you must have a speciall care to chew him well, for he is a tough Bitt, if he chance to slip down whole into the tunacle of Sir Johns stomack, hee’l keep such a rumbling, such a jumbling, such a tossing and flinging the Tith-cocks, Lambes, Pigges, Geese. Milk-pails, bowles, Cream-pots, &c. too & fro in Sir Johns goes, that Sir John will be forc’d to vomit them, with the Subjects Liberties, and Power of Parliaments, up againe, before they be throughly concocted, and turned into Presbyterian Blood.

Bee it therefore further Ordained and Decreed by US, the Puissans Assembly of Divines (Lords paramont over Church and State) in Parliament now Assembled at Westminster, and be it Ordained by the Authoritie of the Same, That all our Intelligences, Spies, Spirits and Familiars, delegate into all parts of the Kingdome, into all Separate Meetings, Conventicles, and Confluxe of people, and all our Synodian Jesuites, Setrinaries, and Presbyterian Emisaries whatsoever, in the Armies, Townes, Forts, Castles, Places of strength, and all Watches, Sentinells, and Courts of Guard in the whole Kingdome, forthwith, at the publishing hereof, as they tender their respective Places and Preferrments, (WEE having the Keyes of the Kingdome, both of taking in, and casting one) diligently to so observe all sorts of people, their severall Garber and Fashions, and be sure to let no man walke the streets, failds, passe your Courts of Guards, or any where sojourne in a Pulls skinne, (for that’s the Bullock MARTIN) without present apprehension: and in case be runne, &illegible; or gear at the Ordinance for Tithes with his right been, at the Directory with his left born, that all the Trained Bands in the whol Kingdom be speedily raised to &illegible; him, that we may Sophistically conclude our Presbyterean Premises, with take him Goaler, & that this design be manag’d by the subtil contrivances, Jesuiticall Plots and Conspiracies of our Close Committee of Presbyters as Syon-Colledge, deputed by Vs to undermine and blow up the two Houses of Parliament, with the Subjects Liberties into the Ayerie Region of &illegible; Supremacy. For so long as MARTIN escapes our Synode in churches, hee’l endeavour to reduce the Power of Parliaments, and the Subjects Liberties to the right owners, and to recover them from the usurpation of Ecclesiasticall Supremney, whether Papisticall, Pretaticall, or Presbyterian, let it goe under what Name or vizor it will, or be never so suitable to the present temper and ignorance of the people, MARTIN is resolved to unmaske it to Posterity, and make our Reavery as plaine as a Pike-staffe; though through our instigations, suggestions, and powerfull Influences upon the State, he be condemned as a Traitour and disturber of the publike Peace (for our gutts strumble at him every morning) when indeed it is but of our Ambition, Covetousnesse and cruelty, and seal the discharge of his duty to God and his Country, with his vitall blood, and the ruine of all that hee can call his, considering that the generall and common Good of the whole Kingdome is to be preferr’d before the particular interest, profit, or good or one; Young MARTIN values the general good above his owne, and is resolved by the Power of God, to endeaveur &illegible; utmost to pluck off the Scales of ignorance from the eyes of the Parliament and People, that they may cleerly see their owne Priviledges, Rights and Liberties, though we have secretly strow’n his way with hott burning Synodean Coales, hee’l not see his Countries good on fire, and not labour to quench it, but save his owne; yea, while we are Blurting it in the Palpit, this damn’d Dog MARTIN will barke out the Truth to our shame. MARTIN’S resolute, how ever hee be esteem’d on by friend of soe, or what ever shall come upon him for his testimony, hee’l tell the people, like a long-tongurd blab, That we informed them in our Pulpits, that the Prelaticall Lord Bishops, while the High Commission Court was in power, while any Ecclesiasticall Endowments, Parsonages, Fluraltisies of Livings, sweet wholsome fatt and fruitfull Tithes could be sucked from their Supremacy over the State and their owne worth, were the true Ministers, Overseers and Ruling Elders of the Church, and therefore magnified their Names, gave them their Titles of honour and Supremacy, as our Reverend Father in God, William, Lord Archbishop of Canterbury, my Lords Grace, (him by whom wee got our Livings) and the like, pray’d for them in our most Sollemne publike Devotion; Almighty and Most mercifull God, which onely workest great marvailes, send down upon our Bishops and Curates, and all Congregations committed to their charge, &c. (wee thanke God he did not heare us) swore Canonicall Obedience unto their Injunctions and Decrees, wore the Surplesse, crowclrd and cring’d to their Altars, were very Religions and Godly observers of their Superstition, delivering those in our severall Parishes up to their High-Commission Tyranny, which out of a good Conscience would not be as servil as our selves to their Idolatry (else how should we have got in our Tithes, though now, God be thanked, and the Parliament, the case is alter’d, wee have an Ordinance for it:) but no sooner was the said Court supprest, and the countenance of the Parliament appear’d against Lord Bishops, so that no hopes of any store of Belly-timber, present or future, was to be had but from the Parliament, they having at that time, the whole strength of the Kingdom in their hands, that immediately hereupon, wee had the Lord Bishops defiance, and declared them to the Parliament, to be Antichristian, and all that had any Dependance upon them, except our good Worships forsooth, a Misterie of Misteries! O sie upon this MARTIN, that Tell-tale, that insufferable wicked MARTIN, that thus tells all to the people; hee’l tell them, That the same reasons and grounds, by which we prove our Presbyterian Classis, are no other but the very same by which in the dayes of the Bishops, wee proved their Ecclesiasticall Jurisdiction, the Authoritie of their Courts, Canons, and Injunctions, and though ere-while, in their suppression, for our own ends, wee condemned those reasons and grounds as Antichristian, rotten, and unfound, yet now we are glad to make use of them, (drest up only in new &illegible; Iinnen) for our Presbytrie, yet so misely, that none, except some few of the MARTIN breed (that see through all our devices, sleights and policy) have &illegible; it, that now, mutato nomine, the title onely chang’d, you have Prelaticall Supremacy under the vizour of clabbing it downe, as absolute &illegible; ever: Hee’l put them in minde of their Protestation, and tell them, that by the same rule they put down the Bishops, they are bound to extirpate the Presbyters (that’s carnall reasoning) however wee haye dearded and plaid the Jesuites with the State: Yea, hee’l goe neere shortly to trace out our very foot-steps, through the subtill Menders, and secret by-pathes of the holy order of the Society of JESV, and parralell all our proceedings with them, and prove us, as indeed we are, absolute Jesaites, (only a little worse) under the reverend Order of Presbytry, that the people may be throughly informed what Cockatrice-egges they hatch in their bosomes, and kill us in the birth, least wee break forth into Ecclesiasticall Serpents venemous and mortall, and bring greater plagues upon them, then ever came by Bishops (seldome comes a better;) for in MARTINS Astrologicall judgement, all the plagues of Egypt were but a flea-biting to what one Presbyterian Thump will be, (&illegible; si possient regales cestibus enses) wee having mortify’d Episcopall &illegible; and possest his Club.

O insufferable MARTIN! all the curses and maledictions of Popes, Bishops and Presbyters light upon thee, to the third and fourth Generation, beyond the dissolution: What, wilt thou never leave tatling? will nothing suffice thee? thou hast told enough sure, doe not discover to the people, that in the laying our Designe, to exalt our selves in the stead of our Spirituall Fathers the Lord Bishops, lately so stiled by us, at the first beginning, after we had fomented jealousies, and principles of divisions betwixt the King and the Parliament (but so, that none knew from whence they came,) not knowing which way the Dice would fall, we kept our selves in a direct Modion Posture, that wee might be sure notwithstanding, which way soever it went, to preserve our owne Interests; yet notwithstanding, wee &illegible; a little at their grossest Superstition and Idolatrie, but so, as with &illegible; no further then the temper of the people, for what they could not beare, that we could be more free to harpe upon, but yet with a gentle and soft touch, so as they might have the found, and the strings preserved for another time, in case our Designe should faile, and for the sufer accomplishment of our intended Advance into the Throne of our Reverend Fathers, we made use of the Piety and sincerity of the Anabaptists and Brownists, too much enrag’d by their Tyranny and cruelty, and knowing that one of Conscience they were in direct enmity to their exorbitant wicked Hierarchie, wee cunningly put them in the fore-front, to give the first onset, to breake the Ice, that wee might wad: after, when we see our mature opportunity, so that in the first division betwixt the King and Parliament, wee ranne then point-blank upon the Kings displeasure, thrust them into the noyse, while like cunning &illegible; we lay at a close guard, and most mysteriously extracted his severall Proclamations and Declarations against them, and so subtilly with one stone kill’d two birds, used them to make way for our supremacy, but so us’d them, that they might be rendred contemptible to the people by the Kings Proclamations, this is a principle Maxime observed by the new Order of &illegible; which we call Presbyters, and that a great while after, even when we began to be seen in the &illegible; all our Pulpits were hush and silent concerning the &illegible; and Brownists, our countenances smooth, blith, and calme towards all of them, as if we had intended the procurement of their* own Rights and Liberties with our owne, thereby the better to engage their persons with the Kings partie, exhaust their purses, impoverish and disinable them, that they might ruine themselves in theraising of us (wisely done!) so to advance our selves with the lesse clamour and noyse, and to make them the more remisse and negligent in solliciting and seeking to Authority in their own particular behalves; they thought all was well (pure &illegible;) and as one man went out, engag’d their Lives, Fortunes and Estates against the &illegible; whilst we &illegible; in our sleeves and laid our designes too &illegible; for their Liberties, while they were honestly busied, and minded nothing &illegible; the generall good, and equall Liberties of all the common people, one as well as another, wee like subtill Foxes at home (to catch the Tith-Fullen) by meer Syn dean slight of hand, cheated the simple hearted silly soules (as we have done the Parliament;) of their owne, and wisely converted the purchase of their blood (ab equis ad asines) even to the heiredome of Sir Johns: But all the while there was imminent necessity of their Assistance, we witely held friendly correspondency with them, were very amiable, peaceable & gentile towards them; O how &illegible; and fawn’d upon them I were sit to stroake them on the heads, and call them our white Bayes, while neatly we flatter’d them out of their Liberties; (O divine pollicy!) and comen’d the fooles of all, (Hoh, hoh, hoh, The Divell he &illegible; aloud:) But when wee had introduced the brethren of the Holy League, (welcome to none but us) wee so joyned their hands in the Syndean Bands of Presbytery, (for charity begins at home,) that their League could not be inviolate, their Covenant (the Bed of their Contract) undofyl’d, if our Presbytry were not concluded (our Brother Marshall and Hinderson were not delegated thither for nothing) for we made it the very condition of the League) else our bellyes would be grumbl’d at our folly another day, and arose up in judgement against us,) so that the mutuall welfare and ruine of Two Kingdomes became subordinate to our Exaltation (&illegible; no matter who stands or falls, so wee rise.) And in the very nick of this Kingdomes necessity of their Assistance (when wee had gormundized, guzzl’d and swild up more then would have paid the Parliaments Armie at &illegible; green) we &illegible; catch’d at the advantage (for we watch’d for’r, as the cat watch’d for a Mouse) and therewith (like godly Divines) we wisely (take us ignorant for our bellies, and knock out our teeth) glose’d over our policy, spiritualiz’d our craft (for Wee (though none else) can &illegible; &illegible; birds with chosse) that insensibly we interwoave our own Intercts with the state of Two Kingdomes, their &illegible; concurrence, and warre-like Assistance could not be without our. Presbyterian Advance; And thus as soon as we had by our plausible pretences, hook’d in a sufficient partyy without those silly Sectaries, to doe our Presbyterian &illegible; (as &illegible; very sit;) and possessens of the holy Inheritance, (which we have long &illegible; for &illegible; patries inquirit in &illegible;) forthwith lite divine Machiavels, we chang’d our Posture, fac’d about, wherour tongues bent our bowes, set up our hornes, star’d like Divels, laid about us (like so many &illegible; at a &illegible;) thump’d the &illegible; and made all the pulpits in London, but more especially St. Margarets Westminster, to ring against the Anabaptists, Brownists, &c. so lowd, that the Divine Eocho thereof might easily be heard beyond the River Tweed: yea, like Noble Renegadoes, wee quickly plac’d Jockey in the right wing, Sir John in the left wing, and OLD NICK in the Batalia, and seeing the Sectaries had Tolleration in their right wing, no Tythes in their left wing, and Christ in the Battalle; wee wheel’d both wings into the Battalle, and facing to our Leader, discharg’d all in a triplicity upon them bravely resolving to take Christ Prisoner, make him a Presbyter, kill all his Sectaries, rout the Independants, and make them runne like sheep before the Wolfe, as fast as our &illegible; at Marston-more: This is our predicatory Prowesse, when we advance into the Pulpit, wee can draw up our Armies, conquer, and bring home the spoile in a trice, and one man there can chase a thousand Sectaries before him (well fare a good Ordinance.) And least they should fall upon our reare, under the pretence of suppressing the Kings papers, wee bounded the Presses within our Presbyterian Compasse, that they could not without hazard of plundering, tranferesse our Reverend Imprimatur; then out issue our witlesse Seholastick Tractates against the Anabaptists, &c. having thus neatly slopt their mouthes (dolus an virtus, quos in boste requiris?) we sophisticated their Arguments, detracted from their validity, rendered them ridiculous, irrationall, empty, and vaine, (as well as we could) and then with our pollitick Answares, we present them to the people with an Imprimatur, JAMES CRANFORD, or the like: We employ Dr. Featlys Divel (a very Reverend able Ten pound Sir John,) to make a Description of the Anabaptist, &c. and this settle spirit, for the love hee beares to the Black Tribe, at the Doctors discease, transmigrated into Old &illegible; Pagits, (&illegible; &illegible; the Divell dend in a day ditch) so that the good old man, to confuse the Mortallity of the Soule, hath made himself sure of an Immortall Spirit, (good Lord deliver us) wherewith he is able (if you will beleeve him) to prove all Horesy that doth detract from the fat Tithes, and large Revenues of the Clergy, for (to give the Divell his due) it was truly said, (as that Spirit gave him utterance,) that to take away our &illegible; is vccidare Presbyterium, death to the whole Order of Presbyters, Hecesiogr. pag. 71. for indeed as our brother Burges said, Wee love no such toothlesse Preaching; if there be not discreet Tyth-gathering (Sedgw. Serns. Jere. 4. 3. pag. 269.) Wee must gave over Preaching, and good reason, for indeed MARTIN hit the nayle oath head, when he told you, our tongues are even with our &illegible; but hang him Roague, doe not beleeve him, wee are the Ministers of Jesus Christ, MARTINS an Heretick; doe you thinke wee’l preach the Word of God in vaine, to content our selves with the good will of the Vulgar: O &illegible; blasphemy! a sinne not to be named amongst the Saints, (considering they are now turn’d Presbyters:) wee set up Lecturers in severall places to knock them downe, (as the Butchers in Eastcheape knock downe their Oxen,) suffer none in the Ministry, that are not Presbyterian; tell the Parliament and People, That God would never &illegible; holy endeavours for Reformation, nor cause their Armies to prosper, so long as they were suffered amongst us, (though in our consciences we know the contrary, but it’s no matter for that) for they’l pay no Tithes, but blasphame the Ordinance, gather Congregations among us, who are as poore as themselves (exceptis excipiendis, only a few Tyth-Pullers excepted) getting our fattest sheep from us (O Heresy! Heresy!) which we like not (quoth Old Ephrains, ibid. pag. 71.) By their meanes also our Vailes for burialls and Christennings is in a manner ceast, which were a great help too; ibid. pag. ibid. Thus is the worke of the LORD hindered; thus these Sanhollars and &illegible; these Arabians, Ammonites and &illegible; conspire together to hinder our Worke: and &illegible; our Learned Phisitian prescribeth, [&illegible; Policy beyond thought, to ingage so good a &illegible; in so desperate a Cure,Dr. Bastwick, Indepen. not Gods Or. p. 52. for the Whole need no Phisitian.] They gather the sheep, and them the good and sat sheep [which were wont to being the best Tyth-Lambes] with good sleeces on their backs: yea, the Velvet-sheep, and the Satsin and Taffiny sheep out of our &illegible; [enough to make a Presbyter turn Independant:] This is an insufferable abuse to my sonne Jack,ibid. it’s even fit to turne his stomack the Independent side outward, were it not for the Restorative Ordinance for Tithee, for Brethren, it is a wickednesse not to he suffered by the* Common Counsell of Presbyters; for if they get the fat sheep from us, let them take the leane-ones too, is it fit that the Ministers of Jesus Christ should be sed with leane raseally Mutton, wee cannot preach the Gospel at that rate, wee must have sat Tyth-Lambs, good sprucy Tassety-Mutton, gallant porklin Tith-pigges, and abundance of Pollen, else how should we Preach think you? Thus much under the Rose: these things must be kept from MARTIN, for should MARTIN acquaint the people therewith, they being fully informed, that no Armies in the Kingdome, neither now have, or ever had better successe then those wherein the Anabaptists, &c. have been most entertained, and that their demeanours in all places where they have come, have beene most regular, humane, civill, and honest of any other &illegible; that they have taken no mans One nor Also, converted no mans goods to their owne use, used cruelty and inhumanity to none, like as others have done: this wee say, if MARTIN, [that seurvie rotten forlorne Priest, &illegible; bred for us,] should reveale, the People will presently conclude, as well they may, that nothing else is the reason of all this clamour and out-cry against them, but the fiery and servent real wee alwayes have to our Ritchings, Spitts, Flesh-pots, &c. whereunto the Independents are now the only enemies, and therefore not to be suffered in the Armies, least by the blessing of God upon their faithfull endeavours, they should merit too much favour from the State: And to prevent this, what course have we not try’d? What stone have wee last unturnd? Had wee not effected the disbanding all Independents out of the Earles Army in the West, had not superiour Pollicy dispanded all, and borrowed their Armes a little in jeast, wee had a speciall care of them in the new &illegible; and those that remaine, wee turne them out of their places as fast as we can, where we can out them without noyse, it is presently done, wee have laid rods in pisse for Cromwell, let him take heed of a Scotch —— [but whist there, that must not be &illegible; of yet,] hee must be talked withall, another course must be taken with Hereticks, or else our Brethren cannot further engage, [God speed them well home again, and let all the people in the Kingdome say, AMEN.] These Sectaries, if they might be assured of their Liberties, would doe the Statebetter service, without plundering or oppressing the poore people in the North, raising the price of Coles, enraging the Sea-men to violence, or involving the Kingdome in irrecoverable debt, &c. but wee had better never obtain Conquest, as gaine it by the Sectaries, as our Brother Ash, the Earle of Manchesters Chaplaine said of the Conquest at Yorke. We cannot but laugh, to thinke how prittily, at a distance, we effected our &illegible; Designe, at a fourth and &illegible; hand, [for wee have &illegible; Masters of that must Excellent &illegible;] we fill’d wondors into their heads, made them Castles in the Ayre, and may goe the fooles by whole Ship fulls, a cleanly conveyance. ha, ha, hah, procul bine proculite prophani, pack hence ye &illegible; but heres the spite, MARTIN staies behind, wee are afraid hee’l discover our Knavery in the Ieish Designe, for if we intended good to them, we might as well tolerate them in England as in Ireland, for if their Toleration in England by our Covenant be unlawfull, it is as unlawfull in Ireland, for our Covenant is as binding there as here; O that wee had them once out of their Habitations, Possessions, &c. but that cursed MARTIN will perswade them to spit on their hands, and take better hold, hee I advise them, first to discharge their duty to their own native bleeding Kingdome, as even Nature bindes them, and in the faithfull prosecution thereof, patiently to expect the blessing of God upon their endeavours, for the LORD is able to deliver them. If MARTIN tell his Brethren of this, they I conclude, it is high time to look about them, hee is such a Tell-tale, hee &illegible; to disclose it, wee know not how to crust him, hee’l tell the people, that wee forged the New Ordinance [that none may Preach that is not ordained Minister,] on purpose to make them, (to use the Doctors Phrase) &illegible; before us, like Lightning before the Thunder, and to this end, suck Bills upon the posts to assemble the &illegible; Multitude in Bell-Ally in Coleman street, London, to put that sacred Ordinance in execution, to pull downe their place of meeting, stone them, commit outrage upon them, drag them tumultuously to prison, stop their mouthes with violence and cruelty, and seeing this took little effect, caused the discharge of Five or Sixe Bullets, while they &illegible; the Service of God, into one of their &illegible; houses amongst them, and that our Brother Edwards saith, if these Sectaries will not submit, there are Stones enough in the streets is force them, this is the Liberty we ever intended for these Sectaries, let them fight as long as they will, they know their wares, if wee may be their pay-masters to their Preaching in the Army is very destructive to our Cloath, therefore the Ordinance was wisely commended to his Excellency, Sir Thomas Fairfax to be executed there, which occasioned a pritty Story betwixt an English-man, and one of Jimmy’s &illegible; Countrey-men, quoth the Scotchman; Man, is it fit that Colonell Cromwells Souldiers should Preach in their Quarters, to take away the Ministeriall function out of the Ministers hands? Why man (quoth the Englishman) doe they so? quoth the Scotchman, I say man it is a common thing amongst them, truly saith the Englishman, I remember they made a gallant Sermon at Marston-Moore neer York, (where they &illegible; Instruments to save this Kingdome) but your Countrey-men were in such a fright, they durst not stay to heare them: MARTIN prays (notwithstanding the Ordinance) they may make many such Sermons, for that was one of the best Sermons that hath been preached in the Kingdome since our troubles began.

Hee’l tell the people, That the Order of Jesuites may become Disciples to the Order of Presbyters for Equivocations, Mentall Reservations, Dispensation of Oathes, Covenants, &c. that wee make nothing to sweare and forsweare, sweare Canonicall Obedience to all Episcopall Rites, Injunctions and Decrees over and over againe, so long as it stands with our owne Interests, but if our Interest depart from that, and be removed to the direct contrary, we abjure the first, and sweare the direct contradictory Oath, as becommeth the men of our cloath, for the honour and support thereof, as our divine practice plainly confirmeth, and in our Exhortation to the taking of the League and Covenant is evident, pag. 4. where (to clear our selves from Perjury,) it is thus written, And as for those Clergy-men, who pretend, that they (above all others) cannot Covenant to extirpate that Government, because they have (as they say) taken a solemne Oath to obey the Bishops, &c. they can tell, if they please, That they that have &illegible; Obedience to the Lawes of the Land, are not thereby prohibited from indeavouring by all lawfull meanes the abolishment of those Lawes, whom they prove inconvenient or misobievous, &c. so that though we have sworn never so sollemnly to them for our former vantage and presoement, yet now their continuance being inconvenient and misobievous to our Classicall exaltation we may lawfully swear (Having so good a ground) the direct contrary Oath: hee’l tell you, how to iusble them out of their Throne to intrude in our selves, we declar’d them to be Antichristian; and now to retain our Ministeriall function and Ordination, wee tell you they were Christian, to wit, Presbytess assisted with other Presbytess, and therefore our Ordination and Calling from them was &illegible; divine, and as our Brother Edwards in his reasons against Toleration saith, the lesse is blessed of the greater, therefore our calling from them is as blessed as theirs could be from the Pope; truly, is MARTIN shou’d send this Newes to our Brethren of the Society of JESV, they would goe neer to write a Congratulatory Epistle to us (as our Brother Lysimachus Nicanor, of that venerabl: Society did to our Brethreu of Scotland) for our happy union with them in their fundamentalls, for indeed, the Pope is as truly Christian, and his Function as equally jure divino, as our Presbytery, convey’d from his Holinesse by our Fathers the late Lord Bishops upon us, and therefore as certainly and lawfully as wee wisely retaine our Ordination from them, and convey it to others, even so certainly and lawfully their Function is justifyable, for it is impossible a clean thing should come out of an uncleane, but it was inconvenient and mischievous to our exaltation, therefore not of divine Right, but Antichristian, Popish and Humane, onely in that sense you must observe (for wee are excellent at such profitable distinctions) and so no longer to be retained, and our Oathes to them no longer obligatory, &c.

Hee’l tell the people, now wee have outed their Lordships that wee contrive Oathes and Covenants meerly to ensnare and catch the People in our wiles, make them carry a face of Reformation according to the Word of God, and thereby betray their innocent subscription to our Presbyterian construction, and necessitate from them the ascription of an infallability to us, as our Brother Edwards wisely gloss’d upon the Covenant, tying the hands of the Parliament, now they have sworne from that which in it self is lawfull, and their duty to performe, necessitating them to compell all men to the Decrees and Dictates of our Assembly, and that all our conclusions are infallibly, according to the mind of Christ, this was wisely, though something too publikely observ’d in our Brothers Antipollogie; Wee discovered no such thing in the &illegible; of the Covenant (to speake it amongst our selves) yet indeed it is to be taken according to the proportion of faith once delivered unto the Saints from our Brethren in Scotland, in the holy Scripture responsorie to the Marquesse of Hamiltons Declaration, where it is &illegible; written, The swearer is not bound to the meaning of the prescriber of the Oath, nor to his own meaning, but is obliged to the reallity, &illegible; so that though it hath been exacted and taken diversly, yet neither the sense of the one, nor the meaning of the other, but &illegible; rei &illegible; in English, Presbyterian Supremacy is the thing sworne to, an Equivocation (if but considered) beyond the subtilty of the society of JESU, so that neither exacter or taker either knew what was exacted or taken, but all swore they knew not what, till our Brother Edwards and some others (matters growing to some in &illegible; for &illegible;) unfolded the Mistery; for indeed wee so walke, as we have then for our ensample in all &illegible; and subtilty,* they middle not with the Kickes of England Ireland, only recommend to us the puttern shown in the &illegible; and therefore it was wisely and fitly spoken concerning us, by our Brother Marshall,* Here you may see a &illegible; Assembly of grave and &illegible; Divines, who &illegible; wait upon the Angell in the Mount, to receive from him the lively Oracles, and the pattern of Gods House to present &illegible; it.

Now this profane MARTIN would know of us, what Countrey-man the Angell was, of whom wee receive the patterne of our &illegible; Discipline, and if it were not the Angell, with whom the Earle of &illegible; once wrestled; being encompassed with his brightnesse on the verge of the Mount; And whether the Mount were not Dance-Hill, [which by translation out of the Originall] by the Divines in Scotland, is Englished Mount-Sion?

Yea, hee’l discover to the people our bloody. Designe we have in agitation against all Independants, A subaptists, Brownists, &c. to torment them and the whole Kingdome, with a New High-Commission Court, which with all zeal and fervency we hotly prosecute, and with plots and godly pretendes [as the present growth of Heresies and preventing their secure increase, that God may be one, and his Name one in the whole Kingdome) endeavour to archieve it, that wee may have power to conveat &illegible; examine them upon Oath to such and such &illegible; as in our divine wisedome; wee shall demand, censure, judge and inslict punishments, whether to inprisonments, losse of &illegible; Punishment or execution of death, as it shall seem good unto the holy Ghost (&illegible; &illegible;) and Us, hee’l tell the people, that Mr. &illegible; one of our holy &illegible; in the Ministery said, the Parliament had more mercy upon the Anabaptists then they did deserve, in rejecting the Proposition of the Divines, to have the Anabaptists pronounced Hereticks, that they might be put to death according to Law; hee’l tell the people, how we set our holy Brother, Old Ephraim Pagit, to incence the Parliament, Countrey and people against them in his &illegible; who in his Epistle Dedicatory, besides what &illegible; he breatheth against them and others throughout his Book, saith, the Illuminated Anabaptists, who &illegible; &illegible; the &illegible; of Children to be the &illegible; of the Beast, &c. where he adjudgeth their doctrine blasphemous, and afterwards in the same Epistle saith, such whose Heresies are blasphemous in doctrine, or dangerous to the State, deserve &illegible; &c. and in the Epistle to the Reader, he &illegible; the Kingdome of England and Scotland, the Parliament and people in this our bloody Designe by Oath and Covenant to make havock, massacrie and Martyrdome of all Sectaries in the Kingdome, saying, God forbid, but that you should keep your Covenant, and oath wherewith you bound your selves in the presence of God, to suppresse all errou’s, Heresies and &illegible; which wee ministred, and you received with great &illegible; by which our &illegible; nature, our blood-thirsty insatiable desires, our ravenous salvage inhumane malice and envy after the blood of the Sectaries is most evident: MARTIN will endeavour to diswade the Parliament from assenting to this bloody Designe, that they be not guilty with us of the blood of the Saints and Martyrs of JESUS, these cursed Hereticks, that profane the Ordinance for Tithes; yea, hee’l informe the people hereof, that they may Petition against Vs, that our sury may be abated, our Power restrained, and this Cockatrice &illegible; in the shell, that to use Old Ephraims own words,&illegible; to Read. they may recover themselves out of the &illegible; of the Divell.

For indeed, Sir Johns gumnies being lately rub’d with a Parliament Corrall, (the &illegible; Ordinance that name &illegible; Preach that is not Ordained a Minister) is mad to put his Boarish Tusks, his huge great &illegible; sangs in execution, to devour, rend, teare and crush these Hereticks; and therefore we wisely consulted amongst our selves, of a Committee of Examinations, to be chosen out of us: it must not be esteemed a foundation to a Court of Inquisition, that’s Popery: nor a renovation of the High-Commission, that’s Antichristian, only an Inlet to a thorough Reformation Court, that’s a godly name, and may doe much good, but we doe not very well like the name of Court, that may be offensive to the people, we shall give it a better Name, more suitable to the government of the State; Dr. Bastwick and Jockey shall be Godfathers, and the whore of Babylon Godmother, and it shall be christned, COMMON-COVNCELL OF PRESBYTERS, (Here’s like to be a City well govern’d!) but it is not yet fit to be known by that name, while the child’s in the cradle, when it can goe alone, it will be a pritty play-fellow for my sonne Jack, if the Doctor can but cure him of the Martin, ’tis true, he hath given him a good Cordiall against some Independant Qualmes, wherewith my son Jack hath been much oppress’d, since Mr. Prynne hath been out-law’d by the Gospell, his Volluminous errours had the benefit (Sir Reverence) of the peoples posteriours, to correct them, (Let the Doctor have a care of his Bills,) num in posteriori pagine omnia sua sic &illegible; Errata, that’s a signe of some grace; who say’s Mr. Prinnes not an honest man, that hath consecrated so much to such a reverent use? but hee shall have a better place when it falls, hee’s in the High-way of preferrment; he doth supply the place of an Informer already, for he must doe a little druggery before he be a Judge: If this Designe prosper, our Synodean Committee of Presbyters, will gradually, step after step, by faire and plausible pretences, get the full power of a Spanish Inquisition, into their Intergatory Committee; should MARTIN know this, hee would advise the people to remember the High-Commission Intergatories, &c. what bondage and slavery, what Tyranny, oppression and cruelty they were thereby subjected to, and how they have exausted their Estates, ruined their Families, their Wives and Children, and spent their blood to free this Nation from that insufferable thraldome, which was esteemed and declared both by Parliament and People as directly opposite, and destructive to the being of a Free people, and therefore the said Court was justly suppressed; should this come to MARTINS eare, hee would engage his life to break the neck of this Designe; rather then see the people engage their Lives, Fortunes, and Estates for the Redemption of their Freedome, and in the mean time be cheated of their purchase, and hold his Peace, MARTIN will push at this, though hee perish in the attempt, dulce est pro patria mori: hee’l tell the City and People how we endeavour with might and maine, to Advance the Prerogative Power of the Lord Major and Aldermen, whereby the Citie and People have been, and are most grosly enslaved, left destitute of a just meanes to preserve themselves, ease their miseries, or redresse their abuses, except the Lord Major and Aldermen will assent, and that no Petition or Remonstrance of any oppression or misery can have a free passage for Redresse unto the Parliament, but what pleaseth their Prerogativeship, they having Power to null and frustrate what they please, contrary to the being of such a free People, the priviledge of a free Counsell, or Commoners chosen scorn among themselves, to whom the Power of the City is &illegible; and in whom of right it recideth, as the Power of the Kingdome is of right in the Parliament, and that wee advance their Prerogative so slylie, as we would not be knowne to have a hand in it, exhort them in our Sermons, to lay aside all Priviledges, and minde the publike Cause, the Cause of our Lord Jesus Christ, and the like, thereby to make them the more remisse after their owne Rights, while in the time of laying our Principles to our High Commission Court, and other &illegible; above the people, we stop all opposition and controule of the City that may be made against our exorbitant proceedings, having made his Lordships Prerogative our owne, whereby we shut the gates against all redresse of their misery or complaint that may be raised against us, and so the more securely lay the foundation to our rising ambition, and goe on without any considerable controule, MARTIN, he sees into our knavery, and would have as dealt withall according to our villany, or any that should goe about to betray the just liberty of so famous a Citie, whereupon the freedome of the whole Kingdom is dependent unto Prerogative usurpation, were he as great as Gurney, that was sent to the Tower.

These and a thousand other of our Villanies hath MARTIN in his Budget, wherefore we pray thee MARTIN, deale not thus unkindly with us, we pray thee be silent, we know thou art an able man, and may doe us much good service, if our terrours cannot fright thee good MARTIN let us bribe thee, if thou hast but a small Living, thou shalt have a Call from God to a greater, we are wont to doe so, can fast and humble our selves most solemnly to know, to which of the twaine God hath call’d us, whether to stay where wee are, or else goe to a fatter, and we are alwayes (God be thanked) call’d to the fattest: If MARTIN will but improve his witts for our advance above the State, hee shall be to us in stead of our Champions Dr. Burges, and Mr. Edwards, even &illegible; the King of &illegible; and Sebon King of the Amorites, to fight our battells against the &illegible; Brownists, and all manner of Sectaries, he shall have the 400 l. that is &illegible; for his life, present pay, and a thousand, &illegible; every &illegible; day per annum; If MARTIN will be our Great Philistim, hee shall be armed with St. Peters Keyes at his girdle, St. Pauls Back-sword at his side, and a Scotch-Dagger at his back, in his hand he shall have a Classicall Club, as bigge as a Wearers &illegible; wee’l put the poyson of Aspes under his tongue, fill his mouth with cursing and bitternesse, teach him the most Excellent Art of &illegible; Sophistication of Texts, &c. &illegible; him with madnesse and mallice against the people of God, fill him with Ambition, Pride and &illegible; make him as swift to shed their blood, as a Butcher is to kill &illegible; let him want nothing to make him a compleat Presbyter, this will wee doe for MARTIN, but the Villane is so cordeall to the common good, that no &illegible; must &illegible; to be reposed in him, wherefore no mercy must be had of him, and this our pleasure for his speedy &illegible; we command all those whom it may concerne, faithfully to put in execution, as they tender Our High Displeasure.

Given it &illegible; &illegible; of Inquisition in
King Henry the Seventh’s
Chappell. June 6. 1645.

WILLIAM TWISSF. &illegible;

CORNELIVS BVRGES. Assessor.

JOHN WHITE. Assessor.

Adoniram Byfeild } Scribes.
Hon. &illegible;

FINIS.

Endnotes

 [* ] At in Assembly of about an 100. Priests, at Mr. Calamy’s (a London Priest) about a Petition against the Bishops, and &illegible; &illegible; that Heresies would further spread, if bishops were put downe, the Priests hereupon &illegible; Mr. Green, and Mr. Spencer, of the &illegible; Congregations, to desire them, that &illegible; time they would suspend their open meetings, and be more private in their practice, for their publike meeting was an obstacle to the suppresion of the bishops, and afterwards &illegible; might have free liberty of their &illegible; & the words were uttered by Calamy, was it now so violent against their toleration.

 [* ] &illegible; to &illegible; &illegible; &illegible;

 [* ] &illegible; &illegible; the &illegible; City & &illegible;


T.47 (8.23) John Lilburne, Respecting the Power of Disposing of the Militia (30 August, 1645).

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ID Number

T.47 [1645.08.30] (8.23) John Lilburne, Respecting the Power of Disposing of the Militia (30 August, 1645).

Full title

John Lilburne, In the 150 page of the book called, An exact collection of the Parliaments Remonstrances, Declarations, &c. published by speciall Order of the House of Commons, March 24. 1642 we find there a Question answered fit for all men to take notice of in these times.

Estimated date of publication

30 August, 1645.

Thomason Tracts Catalog information

TT1, p. 393; Thomason 669. f. 10. (33.)

Editor’s Introduction

(Placeholder: Text will be added later.)

Text of Pamphlet

In the 150 page of the Book called, An exact collection of the Parliaments Remonstrances, Declarations, &c. published by speciall Order of the House of Commons, March 24. 1642. we find there a Question answered fit for all men to take notice of in these times.

Question.NOw in our extreame distractions, when forraigne forces threaten, and probably are invited, and a malignant and Popish party at home offended? The Devill hath cast a bone, and rais’d a contestation between the King and Parliament touching the Militia. His Majestie claims the disposing of it to be in Him by the right of Law; The Parliament saith, Rebus sic stantibus, and no. lenti Rege, the ordering of it is inthem?

Answer.VVHich Question, may receive its solution by this distinction. That there is in Laws an equitable, and a litterall sence. His Majesty (let it be granted) is intrusted by Law with the Militia, but it’s for the good and preservation of the Republick, against Forraign Invasions or domestick rebellions. For it cannot be supposed that the Parliament would ever by Law intrust the King with the Militia against themselves, or the Common wealth, that intrusts them to provide for their weal, not for their wo. So that when there is certain appearance or grounded suspition, that the Letter of the Law shall be improved against the equitie of it (that is, the publick good, whether of the body reall or representative) then the Commander going against its equity, gives liberty to the Commanded to refuse obedience to the Letter: for the Law taken abstract from its originall reason and end, is made a shell without a kernell, a shadow without a substance, and a body without a soul. It is the execution of Laws according to their equity and reason, which (as I may say) is the spirit that gives life to Authority the Letter kils.

Nor need this equity be expressed in the Law, being so naturally implyed and supposed in all Laws that are not meerly Imperiall, from that analogie which all bodies Politick hold with the Naturall; whence all government and Governours borrow a proportionable respect; And therefore when the Militia of an Army is committed to the Generall, it is not with any expresse condition, that he shall not turn the mouths of his Cannons against his own Souldiers, for that is so naturally and necessarily implyed, that its needlesse to be expressed, insomuch as if he did attempt or command such a thing against the nature of his trust and place, it did ipso facto estate the Army in a right of disobedience, except we think that obedience binds Men to cut their own throats, or at least their companions.

And indeed if this distinction be not allowed, then the legall and mixt Monarchy is the greatest Tyranny, for if Laws invest the King in an absolute power, and the Letter be not controled by the equity, then whereas other Kings that are absolute Monarchs and rule by will, and not by Law, are Tyrants perforce Those that rule by Law and not by will, have hereby a Tyranny confer’d upon them legally, and so the very end of Laws, which is to give bounds and limits to the exorbitant wils of Princes, is by the Laws themselves disappointed, for they hereby give corroboration (and much more Justification) to an arbitrary Tyranny, by making it legall, not assumed; which Laws are ordained to crosse not countenance: and therefore is the letter (where it seems absolute) alwayes to receive qualification from the equity, else the foresaid absurdity must follow.

It is confessed by all rationall men, that the Parliament hath a power to annull a Law, and to make a new Law, and to declare a Law, but known Laws in force and unrepealed by them, are a rule as long as they so remain for all the Commons of England whereby to walk; and upon rationall grounds is conceived to be binding to the very Parliament themselves as well as others. And though by their legislative power they have Authority to make new Laws, yet no free man of England is to take notice (or can he) of what they intend till they declare it: neither can they, as is conceived, justly punish any man for walking closely to the known and declared Law, though it crosse some pretended Priviledge of theirs, remaining onely in their own breasts.

For where there is no Law declared, there can be no transgression; therefore it is verie requisite that the Parliament would declare their Priviledges to the whole Commons of England, that so no man may through Ignorance (by the Parliaments default run causelesly into the hazard of the losse of their lives, liberties, or estates: for here it is acknowledged by themselves, that their power is limited by those that betrust them; and that they are not to do what they list, but what they ought, namely, to provide for the peoples weal, and not for their wo: so that unknown Priviledges are as dangerous, as unlimited Prerogatives, being both of them secret snares, especially for the best affected people.

It is the greatest hazard and danger that can be run unto, to disart the onely known and declared rule; the laying aside wherof, bring: in nothing but will and power, lust and strength, and so the strongest to carrie all away; for it is the known, established, declared, and unrepealed Law, that tels all the free men of England, that the Knights and Burgesses chosen according to Law, and sent to make up the Parliament, are those that all the Commons of England (who send and choose them) are to obey.

But take away this declared Law, and where will you find the rule of Obedience? and if there be no rule of obedience, then it must necessarily follow, that if a greater and stronger number come to a Parliament sitting, and tell them that they are more and stronger then themselves, and therefore they shall not make Laws for them, but they will rather make Laws for them, must they not needs give place? undoubtedly they must.

Yea take away the declared, unrepealed Law, and then where is meum & &illegible; and libertie, and propertie? But you will say, the Law declared, binds the people, but is no rule for a Parliament sitting, who are not to walk by a known Law. It is answered: It cannot be imagined that ever the people would be so fortish, as to give such a power to those whom they choose for their Servants; for this were to give them a power to provide for their wo, but not for their weal, which is contrary to their own foregoing maxime; therefore doubtlesse that man is upon the most solid and firm ground, that hath both the letter and equity of a known declared, and unrepealed Law on his side, though his practise do crosse some pretended Priviledge of Parliament.

And whereas by an Act made this present Parliament, Anno. 17 Caroli Regis, intituled,

An Act for Regulating of the Privie Councell, and for taking away the Court, commonly called, The Star-Chamber.

It is there declared, that the proceedings, Censures, and Decrees of the Star-Chamber, have by experience been found to be an intolerable burthen to the Subjest, and the means to introduce an Arbitrary power and Government, and that the Councell-Table have adventured to determine of the estates, and liberties of the Subject, contrarie to the Law of the Land, and the rights and priviledges of the Subject. Which Laws are there recited, as first Magna Carta, and the 5 Ed. 3. 9. and 25 Ed 3. 4. and 28 Ed. 3. 3. the last of which saith that it is accorded, assented, and established, that none shall be taken by Petition, or suggestion made to the King or His Councell, unlesse it be by Indictment, or presentment of good and lawfull people of the same neighbourhood, where such deeds be done, in due manner, or by Processe made by Writ originall at the Common Law, and that none be put out of his franchise or Free-hold, unlesse he be duly brought in, to answer, and fore-judged of the same, by the course of the Law; and by another Statute made in the 42 Ed. 3. 3. it is there inacted, that no man be put to answer without presentment before Justices, or matter of Record, or by due Processe and Writ originall according to the old Law of the Land.

Therefore for the Subjects good and welfare in future time, it is inacted, that from henceforth no Court, Councell, or place of Judicature shall be erected, ordained, constituted, or appointed within this Realm of England, or dominion of Wales, which shall have, use, or exercise the same, or the like jurisdiction, as is, or hath been used, practised, or exercised in the said Court of Star-Chamber.

From the equity and letter of which Law, it is desired that our learned Lawyers would answer these insuing Quæries.

First, whether the letter and equity of this Law, do not bind the very Parliament themselves during the time of their sitting, in the like cases here expressed to the same rules here laid down? Which if it should be denied. Then secondly, whether the Parliament it self, when it is sitting, be not bound to the observation of the letter and equity of this Law, when they have to do with free-men, that in all their actions and expressions have declared faithfulnesse to the Common-wealth? And if this be denied, Then

Thirdly, whether ever God made any man lawlesse? or whether ever the Common-wealth when they choose the Parliament, give them a lawles unlimited power, and at their pleasure to walk contrary to their own Laws & Ordinances before they have repealed them.

Fourthly, whether it be according to Law, Justice, or equity, for the Parliament to imprison or punish a man for doing what they command him, and by oath injoyn him?

Fiftly, whether it be legall, just, or equall, that when free-men do endeavour according to their duty, oath and Protestation, to give in Information to the Parliament of Treason acted and done by Sir John Lenthall, against the State and Kingdom, and long since communicated to severall Members of the House of Commons, but by them concealed and smothered; And now by God providence brought upon the stage again, and during the time that Inquisition is made of it before the Committee of Examination, before any legall charge be fixed upon Sir John Lenthall, or he required to make any answer or defence, that he shall be present to out-face, discourage, and abuse the Informers and witnesses in the face of the Committee, without any check or controll from them?

And sometimes while they are sitting about the Examination of his Treason, that he shall sit down beside them with his hat on, as if he were one of them, and that he shall injoy from the Committee ten times more favour and respect then the just, honest, and legall Informers against him; who by some of the Committee themselves while they are sitting, are threatned, jeered, nicknamed, and otherwayes most shamefully abused.

Yea and the friends of the Informers for the State are kept without doors, and the friends of the accused admitted to come in alwaies without controll; and during the Examination of the Information, that the Committee shall refuse to remove the Informers out of Sir John Lenthals custody of Kings-Bench to another prison, although they have been truly informed, that he hath set instruments on work to murther them, and also importuned to remove them.

Sixtly, whether it be not most agreeable to Law, Justice, and equitie, that seeing Sir John Lenthall having so many friends in the House concerned in the busines, that he should not rather be tried by the same Councell of Warre in London, where Sir John Hotham and his Son were, then at the Parliament, his principall crime being against the Law Marshall as theirs was.


T.48 (8.24) John Lilburne, Englands Miserie and Remedie (14 September, 1645).

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T.48 [1645.09.14] (8.24) John Lilburne, Englands Miserie and Remedie (14 September, 1645).

Full title

[John Lilburne], England’s Miserie, and Remedie in a Judicious Letter from an Utter-Barrister to his speciall Friend, concerning Leiutenant Col. Lilburn’s imprisonment in Newgate, Sept: 1645.

The pamphlet contains the following parts:

  1. Englands Miserie and Remedie
  2. A poem by Major George ?? from Vox Pacifica "Let not your King and Parliament, in One, Much lesse apart, mistake themselves, for that, which is most worthy to be thought upon: Or, think, they are essentially, the STATE"
Estimated date of publication

14 September, 1645.

Thomason Tracts Catalog information

TT1, p. 396; Thomason E. 302. (5.)

Editor’s Introduction

(Placeholder: Text will be added later.)

Text of Pamphlet

ENGLAND’S MISERIE, AND REMEDIE, IN A JVDICIOVS LETTER from an Utter-Barrister to his speciall Friend, concerning Leiutenant Col. LILBURN’S Imprisonment in Newgate, Sept. 14 1645.

Kind Sir:

OUt of the firme confidence and certain knowledge which you see me to have of the integrity and honesty of Lieutenant Colonel Lilburne, and that his Letter of the 25.th of July, containes nothing but truth, I send you here my Sense and Opinion concerning his Imprisonment.

And for the clearer explanation of what you demand, and out better understanding of one another, J conceive it necessary that we be at a point upon these two things. First, what the House of Commons is; Next, for what end and purpose they are conveened and called together.

J beleeve you agree with me, that the House of Commons is nothing lesse, then the representative body of the People, elected and sent up, by the severall Shires and Burrought respectively (and joyned with the two other States) of capacitie to make alter, abrogate Lawes, as occasion shall-requite; to heare and relieve the Grievances of the people, and to reforme what is &illegible; in the Common wealth.

Here is the Character and description of the House of Commons (which themselves (I thinke) will allow of) and heart is the end and purpose for which they serve.

In this description you may plainly see, two Bodies of the people, the representative and the represented, which together make up the body of the Common-wealth; and of this later, Lieutenant Colonel Lilburne is an eminent member.

Now, for any man to imagine that the shadow or representative is more worthy then the Substance, or that the House of Commons is more valuable and considerable, then the Body for whom they serve, is all one as if they should affirme, that an Agent or Ambassadour from a Prince, hath the same or more authority, then the Prince himselfe, which in matters of Proxie for Mariage, I believe no Prince will allow of.

J will not undertake to define the limits of power or extent of Parliaments, having found the practice in my reading more or lesse, lengthned or shortned (like a paire of Stirrops) according to circumstances, and Current of times, or the weaknesse or power of the Prince under whom they serve, who hath for the most part subjected them to his will, and made them act his Designes.

Neither will I goe about to cast the apple of Division &illegible; the People and their agents, who should be linekt together by common interest and mutuall respects of common preservation; yet this much I cannot forbeare to intimate, that the one is but the servant of the other, the House of Commons, I means of the People, elected by them to provide for their welfare and freedomes, against all in-bred tyrannie or Foraigne invasion, which by reason of their numbers, they cannot conveniently doe in their owne persons without hazard both of confusion and desolation.

But to come to our businesse, Mr. Lilburne complains, that Three times since the first of May last, he hath been imprisoned by Authority from the House of Commons, before he knew his Accuser or Accusation, or was suffered to speak one word in his own defence: Certainly, Theeves and Murtherers, taken in Flagranti delicto, in the very act of a haynous crime, are not thus hardly dealt withall.

This cals to my mind the very words of a Member of the House, Mr. Edward Stephens by name, uttered with passion openly in Westminster hall, in a case of the like injustice, viz. That we have not withdrawne our selves from our obedience to the King, to yeild our selves slaves and vassalls to the Tyrannie of our fellow subjects.

But you will say. How shall we mend our selves, we have given our selves, lives, liberties, and all into the Parliaments power?

To this I answer, That this free and abandoned confidence of ours, whereby they are intrusted with all that is deare and precious unto us, ought the rather to &illegible; them to a tender and conscientious care of &illegible; dispensation of the power.

Besides this &illegible; or legislative power (which they make use of) is not lent them for the ruine and destruction of our Lawes and Liberties (no more then the Kings Prerogative) but for the edification and strengthning of the same in particular, as well as generall.

The abuse and overflowing of this power, is odious to God and man; for Princes, or what State soever, when they arrogate to themselves an unlimited jurisdiction, do degenerate into Tyrants, and become Hostes humani generis, enemies of mankind.

And the Angels (which would be like to the most high) were by his just judgement changed into the most wretched of all creatures: It belongs to God, and to God alone, to rule by the law of his blessed will.

As for Princes and States, when they break out into exorbitancy, and will be immitators of the power of God, in governing by an uncircumscribed authority, they run themselves into inevitable mischiefs, and the people (whom they serve) into unavoidable inconveniencies, and this comes to passe of necessitie; for every State governed by fantasticall and Arbitrary power, must needs be &illegible; inconstant, and subiect to change; besides, man is naturally ambitious and apt to encroach and usurpe upon the liberty of his inferiours.

Hence is derived that excellent maxim, Melius sub iniquissima lege, quam sub aquissimo arbitro vivere; It is better live under a rigorous and unjust Law, then an Arbitrary government though just, the reason is, because by the first, he is at certainty and knows what he must trust too, the last leaves him uncertaine and so in danger.

But to returne to Lievtenant Collonel Lilburne, who stands imprisoned by a Vote of the House of Commons for refusing to answere to the Committees Interrogatories, before cause shewed of his former imprisonment.

J am informed by some members that this Vote was obtained by Bastwicke surreptitiously, when the House was &illegible; and emptie; and therefore I conceive he may appeale from the House thin and emptie, to the House full and compleat, if this will not be accepted of, why should he not appeale to the people.

For Buchaman an Author without reproach in his Booke (De jure regni apud Scotos concerning the Scottish Lawes) doth boldly and positively affirme, Supremam potestatem esse in Popule, the Supreame power to be in the people.

And before Buchaman, the Common-wealth of Rome (which reinaineth a patterne and example to all âges both for civill and Military government) I say this Common-wealth in its best perfection did allow of this last refuge or appeale to the People.

To this purpose, &illegible; &illegible; an unreproveable Author, speakes in these &illegible; Decad. 5. of his History, C. Flaminites was the first (or one of the first that understanding the Majestie of Rome to be indeed wholly in the people, & no otherwise in the Senate then by way of delegacy or grand Commission, did not stand highly upon his birth and degree, but made his addresse to the multitude, and taught them to know and use their Power over himselfe, and his fellow Senators in reforming their disorders: For this the Commons highly esteemed him, and the Senators as deeply hared him, &c.

But I hope the wisdome and Providence of the Parliament will prevent these extremities; yet I cannot but put them in remembrance, that small sparkles do oftentimes occasion great fires.

And that the English Nation is sensible of nothing more then the breach of their liberties, and of violence offered to the freedome of their persons.

Witnesse the Magna Carta thirty times confirmed by the Princes of this Hand; and witnesse the cheerefull readinesse of the people to serve the publique in this present great quarrell.

And let no man dreams that the Parliament may french boldly thereon without check. A fillie conceit and aggravating the offence; For a dog that devoureth his owne kind, we account more unnaturall, then a Lyon or a Beare of another kind; besides the heare burning which is easily kindled when our owne fellowes domineere over us.

There are but two things of ruing a people either by feare or love, the first may be more agreeable to &illegible; Carbits as sittable to his pollant and imperious nature, or to Sir Robert Pyes Canine humour, but is brittle, and will last no longer then the some which supports it, The second of love, is safe and durable.

Camillus the Roman speakes of it in two words, Firmissimum imperiane quo obediences gardent, the most stable lasting government under which the people rejoyce and live cheerfully.

But Lilburnes case is singular, that a member of the body represented. &illegible; borne subject, in life and conversation without exception. Considerable both in his actions and sufferings in this great Cause, that such a subject contrary to the tennor of Magna Carta, contrary to the late Covenant and Petition of Right, yea and the direct rule alleaged in Scripture, should be three times imprisoned without shewing cause by a Parliament professing reformation, and defence of our Lawes and Liberties, and without any urgent or apparent necessity of State enforcing it.

This I professe is to me a riddle beyond all that this monstrous age hath brought forth; I need not say how much the publique libertie, is wounded in the injurie doubled and trebled upon their fellow member, nor the consequences thereof, which if drawne into president, who can count himselfe free? Nor the consequences of a wicked sentence, (which as Chancellor Racon sayes) is infinitely worse then a wicked fact, as being held a president or parterne, whereby oppression beginning upon one, is extended as warrantable upon all.

And this conclusion he draweth out of this place of Scripture, Fons turbatus pede et vena corrupta, est justu cadens caram impio. A just man falling into the hands of the wicked, is like a fountaine troubled with the foot, or the urines corrupted in the bodie.

The horror of this sentence hath stricken the generality of the people with amazement, to behold the Kid seething in the milke of the Damme, that is to say, the Chambers of justice ordained for our comfort, preservation, and safety, unkindly wrested to enslave, ruine, and destroy us.

Surely after-ages when they shall ponder these proceedings in cold and sober blood will be ashamed to own the actors for these parents or predecessors: And it is to be seared that the &illegible; from the pavement, will rise in judgement one day against the abusers of the trust committed unto them.

And let no man deceive himselfe, to thinke with sencelesse and frivolous distinctions to award the dishonour and danger, which may arise to the Parliament hence; at to say that the Great Charter is but suspended as to Lilburns, but not abrogated; and that the duty of the Parliament is to provide for generalities, but is not at leysure to attend particular grievances; these answeres satisfie none but Ideots, or those that suck profit under their command.

I mentioned before the danger and dishonour arising to the Parliament hereby, which of necessity must ensue, for seeing that &illegible; Imperium in &illegible; et &illegible; parentium &illegible; Plinum, &illegible; All lawfull Empire or Soveraigne command hath its basis or firme foundation in the consent, approbation and good liking of the people; a rule without exception.

What consent or good liking can bee expected from those who dayly see themselves abused, in their liberties; and ruined in their Estates? Nay, what hope of redresse, when as our Petitions will not be accepted without great friends in the House? To be short, it is not credible that either people or person, in any outward condition under which they mourne, sigh, or groane, will continue any longer therein, then they have occasion of good termes to be delivered, according to the saying of Liv. lib. 8. Non credibile est &illegible; Populum, vel &illegible; denique, in ed conditione, cujus eum &illegible; diutius quam &illegible; fit &illegible; Hence it must necessarily follow, that the multicade toucht to the quick in their liberties and means of living, will be easily perswaded to shake off all Bonds of obedience, so necessary to the Magistrate; and to cast the blame of their sufferings upon the Authors, either as false to their Trust, or uncapable of the great weight of Authority committed unto them: For who but a mad-man will yeild obedience unto those, who are regardlesse of their Lawes and Liberties, or negligent of the means of their Subsistance, Livelihood, and Safety? the maine and only ends for which they are Conveened and called together; and not to provide Offices for themselves, or to sollicite the Causes of their particular friends, sometimes the greatest Enemies of the State.

I beseech you passe not lightly by these Considerations as idle and vaine feares; for who shall hinder the multitude, if stung with a lively sence of their lost Freedoms, and means of subsisting; they shall endeavour the re-gaining thereof by some sudden attempt; seeing that (if the worst happen) they cannot be in much worse condition then they now are: As to the Committee for Examinations (mentioned in Mr. Lilburns Letter) which ought to be the Touchstone, whereby to discern Gold from counterfeit: And in equity and reason, ought to be free, equall, and open as well to the Plantisse, as Defendant; especially in Criminall Causes: But in cases of Treason, or which concern the Publique safety, ought rather to lend an attentive care to the Delators or Accusers, then any way to discourage them: For if these necessary evilla shall be disheartned, who will watch over the safety of the State? Besides, it is more safe and tollerable in the condition wherein we now are, that a mischief should happen to one man, then a ruine to the whole Kingdome.

As to this Committee, I wish from my soule, that Leiurenant Colonell Lilbvrne were the only complainant against them: Let Westminster-Hall, the Exchange, and other places of Publique meeting, inform you; What making of sides, browbeating of witnesses, baffeling of evidences, facing, and out-facing of the truth? What impertinent distinguishing and abusing the Formalitias of the Law, is there complained of? And all this noise and turmoile to help a knave out of the briers.

It were more for the honour of their justice, and the satisfaction of the people, if the usuall forms of proceeding in cases of charge of Tresion were observed: That is, that the person accused, were secured; and the accusers heard with all equanimity, patience, and attention: Whereat on the contrary, the accused is permitted to sit down covered, as Peer and companion with the Commissioners, and to arraign his accusers.

O wretched times! O miserable England! which doest labour with all the symptoms, marks, and tokens, of a declining and dying state! Injustice avowed; Treason, countenanced; Oppression, become familiar, almost legall; Oaths, Protestations, and Covenants solemnly made in the presence of God and man, slighted, and set at nought: Then to fill up the measure of our sorrowes, a Civill War within our own bowels, nay almost in every family: And last of all, a generall corruption of manners, which assures us the malady will be lasting if not incureable: What will be the end and issue of all this? Seeke to that Oracle which cannot lye.

Propter injustitiam, et injurias, et contumelias et diversos dolos: &illegible; a gente in &illegible; transfertur, Ecclesiasticus, Chap. 10. verse 8. Because of unrighteous dealings, injuries and rither got by deceit, the Kingdome is Translated from one people to another.

To the Reader.

CHristian Reader, having a vacant place for some few &illegible; I have made bold to use some of Major George &illegible; his verses out of Vox Pacifica, pag. 199.

Let not your King and Parliament, in One,

Much lesse apart, mistake themselves, for that,

which is most worthy to be thought upon:

Or, think, they are essentially, the STATE;

Let them not fancie, that, th’ Authority

And Priviledges upon them bestown,

Conferred, to set up a Majesty,

A Power, or a Glory, of their own.

But, let them know, t’was for another thing,

Which they but represent; and, which, &illegible; long,

Them, to a strict account, will, doubtlesse, bring,

If anyway, they doe it wilfull wrong:

Par, that, indeed, is, really, the Face,

Whereof, they are the shadow, in the glasse.

Moreover, thus informe them, that, if either,

They, still, divided, grow from bad, to worse;

Or, (without penitence unite together)

And, by their sin, provoke him to that course;

GOD, out of their confusions, can, and will

Create a cure; and vaise a lawfull-power,

His promise to his people to fulfill;

And, his, and their Opposers, to devour.

Yea, bid bath King, and Parliament, make &illegible;,

In penitence, united, to appears:

Lost, into those Confusions, they be cast,

Which will affright them bath; and, make them feare,

And, know, there is, an earth, a greater-thing,

Then, an unrighteous Parliament, or King.

FINIS.


Check: T.49 (2.10) [John Lilburne], Englands Birth-Right Justified Against all Arbitrary Usurpation, whether Regall or Parliamentary, or under what Vizor soever (8 October 1645).


T.49 (2.10) [John Lilburne], Englands Birth-Right Justified (10 October 1645) (duplicate ?? “In the 150 page”)

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Full title

[John Lilburne], Englands Birth-Right Justified Against all Arbitrary Usurpation, whether Regall or Parliamentary, or under what Vizor soever. With divers Queries, Observations and grievances of the People declaring this Parliaments present Proceedings to be directly contrary to those fundamentall Principles, whereby their Actions at first were justifyable against the King, in their present Illegall dealings with those that have sent their best Friends, Advancers and Preservers: And in other things of high concernment to the Freedom of all the Free-born People of England; By a Well-wisher to the just cause for which Lieutenant Col. John Lilburne is unjustly imprisoned in New-gate.

The pamphlet contains the following parts:

  1. Englands Birth-Right Justified Against all Arbitrary Usurpation
  2. The Copies of Colonell THO. MIDFORDS Certificate, with others, given under their hands
  3. To the Right Honourable, The LORD MAJOR, and the Right Worshipfull, the Aldermen, and Common-Councell of the City of LONDON; In Common Councell Assembled. The humble Petition of divers Citizens of this Honourable City
  4. This Petition was delivered the 15. of April, 1645. to the Common-Councell of London, sitting at Guild-hall
  5. The chiefe faults escaped in the printing, either through the Authours absence, or the Correctours negligence.
Estimated date of publication

10 October 1645

Thomason Tracts Catalog information

TT1, p. 400; Thomason E. 304. (17.)

Editor’s Introduction

(Placeholder: Text will be added later.)

Text of Pamphlet

In the 150. page of the Booke called, An exact Collection of the Parliaments Remonstrances, Declarations, &c. published by speciall Order of the House of Commons, March 24. 1642. we find there a Question answered, fit for all men to take notice of in these sad times; which followeth.

Quest. NOw in our extreame distractions, when forraigne forces threaten, and probably are invited, and a malignant and Popish party at home offended, The Devill hath cast a bone and rais’d a Contestation between the KING and PARLIAMENT touching the MILITIA. His Majestie claims the disposing of it to be in Him by the right of Law; The Parliament saith, Rebus sic stantibus, and nolenti Rege, the Ordering of it is in them?

Ans. WHich Question, may receive its solution by this distinction. That there is in Laws an equitable, and a literall sense. His Majestie (let it be granted) is intrusted by Law with the Militia, but it is for the good and preservation of the Republick, against Forraign Invasions or domestick Rebellions. For it cannot be supposed that the Parliament would ever by Law intrust the King with the Militia against themselves, or the Common-wealth, that intrusts them to provide for their weal, not for their woe. So that when there is certaine appearance or grounded suspition, that the Letter of the Law shall be improved against the equitie of it (that is, the publick good, whether of the body reall or representative) then the Commander going against its equity, gives liberty to the Commanded to refuse obedience to the Letter: for the Law taken abstract from is originall reason and end, is made a shell without a kernell, a shadow without a substance and a body without a soul. It is the execution of Laws according to their equity and reason, which (as I may say) is the spirit that gives life to Authority the Letter kills.

Nor need this equity be expressed in the Law, being so naturally implyed and supposed in all Laws that are not meerly Imperiall, from that Analogie which all bodies Politick hold with the Naturall; whence all Government and Governours borrow a proportionable respect; And therefore when the Militia of an Army is committed to the Generall, it is not with any expresse condition, that he shall not turn the mouthes of his Cannons against his own Souldiers, for that is so naturally and necessarily implyed, that its needlesse to be expressed, insomuch as if he did attempt or command such a thing against the nature of his trust and place, it did ipso facto estate the Army in a right of Disobedience, except we think that obedience binds Men to cut their owne throats, or at least their companions.

And indeed if this distinction be not allowed, then the legall and mixt Monarchy is the greatest Tyranny; for if Laws invest the King in an absolute power, and the Letter be not controlled by the equity, then whereas other Kings that are absolute Monarchs, and rule by Will and not by Law are Tyrants perforce. Those that rule by Law, and not by Will, have hereby a Tyranny confer’d upon them legal’y, and so the very end of Laws, which is to give bounds and limits to the exorbitant wills of Princes, is by the laws themselves disappointed, for they hereby give corroboration (and much more justification) to an arbitrary Tyranny by making it legall, not assumed; which Laws are ordained to crosse, not countenance: and therefore is the Letter (where it seems absolute) alwayes to receive qualification from the equity, else the foresaid absurdity must follow. So farre the Parliaments own words.

It is confessed by all rationall men, that the Parliament hath a power to annull a Law, and to make a new Law, and to declare a Law, but known Laws in force & unrepealed by them, are a Rule (so long as they so remain) for all the Commons of England whereby to walk; and upon rationall grounds is conceived to be binding to the very Parliament themselves as well as others. And though by their legislative power they have Authority to make new Laws, yet no free-man of England is to take notice (or can he) of what they intend till they declare it: neither can they, as is conceived, justly punish any man for walking closely to the knowne and declared Law, though it crosse some pretended Priviledge of theirs, remaining onely in their own breasts.

For where there is no Law declared, there can be no transgression; therefore it is very requisite, that the Parliament would declare their Priviledges to the whole Commons of England, that so no man may through ignorance (by the Parliaments default) run causelesly into the hazard of the losse of their lives, liberties, or estates: for here it is acknowledged by themselves, that their Power is limited by those that betrust them; and that they are not to doe what they list, but what they ought, namely to provide for the peoples weal, and not for their woe: so that unknown Priviledges are as dangerous, as unlimited Prerogatives, being both of them secret snares, especially for the best affected people.

It is the greatest hazard and danger that can be run unto, to disart the onely known and declared Rule; the laying aside whereof brings in nothing but Will and Power, lust and strength, and so the strongest to carry all away; for it is the known, established, declared, and unrepealed Law, that tells all the Free-men of England, that the Knights & Burgesses chosen according to Law, and sent to make up the Parliament, are those that all the Commons of England (who send and choose them) are to obey.

But take away this declared Law: and where will you find the rule of Obedience? and if there be no rule of Obedience, then it must necessarily follow, that if a greater and stronger number come to a Parliament sitting, and tell them that they are more and stronger then themselves, and therefore they shall not make Laws for them, but they will rather make Laws for them, must they not needs give place? undoubtedly they must.

Yea, take away the declared, unrepealed Law, and then where is Meum & Tuum, and Libertie, and Propertie? But you will say, the Law declared, binds the People, but is no rule for a Parliament sitting, who are not to walke by a knowne Law. It is answered: It cannot be imagined that ever the People would be so sottish, as to give such a Power to those whom they choose for their Servants; for this were to give them a Power to provide for their woe, but not for their weal, which is contrary to their own foregoing Maxime; therefore doubtlesse that man is upon the most solid and firm ground, that hath both the Letter and equity of a known, declared, and unrepealed Law on his side, though his practise doe crosse some pretended Priviledge of Parliament.

And whereas by an Act made this present Parliament, Anno 17. Caroli Regis, intituled,

An Act for Regulating of the Privie Counsell, and for taking away the Court, commonly called, The Star-Chamber.

It is there declared, That the Proceedings, Censures and Decrees of the Star-Chamber, have by experience been found to be an intollerable burthen to the Subject, and the means to introduce an Arbitrary Power and Government, and that the Councell-Table have adventured to determin of the Estates, and Liberties of the Subject, contrary to the Law of the Land, and the Rights and Priviledges of the Subject. Which Laws are there recited, as first Magna Carta, and the 5. Ed. 3. 9. and 25. Ed. 3. 4. and 28. Ed. 3. 3. the last of which saith, That it is accorded, assented, and established, that none shall be taken by Petition, or suggestion made to the King or His Councell, unlesse it be by Indictment, or presentment of good and lawfull people of the same neighbourhood, where such deeds be done; in due manner, or by Processe made by Writ originall at the Common Law, and that none be put out of his franchise or Free-hold, unlesse he be duly brought in, to answer, and fore-judged of the same by the course of the Law; and by another Statute made in the 42. Ed. 3. 3. it is there inacted, That no man be put to answer without presentment before Justices, or matter of Record, or by due Processe and Writ originall, according to the old Law of the Land.

Therefore for the Subiects good and welfare in future time, it is Inacted, That from henceforth no Court, Councell, or place of Judicature shall be erected, ordained, constituted, or appointed within this Realme of England, or dominion of Wales, which shall have, use, or exercise the same, or the like jurisdiction, as is, or hath been used, practised, or exercised in the said Court of Star-Chamber; that then whosoever shall offend, or doe any thing contrary to the purport, true intent and meaning of this Law, then he or they shall for such offence, forfeit the Sum of five hundred pounds of Lawfull money of England, unto any party grieved, his Executors or Administrators, who shall really prosecute the same, and first obtaine judgement thereupon, to be recorded in any Court of Record at Westminster by Action of debt, Bill, Plaint or Information, wherein no Essoine, Protection, wager of Law, aid, Prayer, Priveledge, Injunction, or Order of Restraint shall be in any wayes prayed, granted, or allowed, nor any more then one imparlance, &c. And the Petition of Right, which may be said to be more then a bare Law (for it is a Declaration of the equity, true intent and meaning of Magna Carta,) and other the good Laws of the Land, which provides for the peoples freedome (and binds all, as well the trusted, as those that trust) as appeares in the Parliaments, Prayer to the King, which is, That no Free-man hereafter be used contrary to what is before expressed &c. which they say is the Rights and liberties of the Free-men of England, unto which the King answeres, Let Right be done according to the Lawes and Customes of the Realme; But this Answer admitting still a Dispute what was the true intent and meaning of the Lawes and Customes of the Realm.

They Petition the King again to give a more full & satisfactory answer, which he doth, and saith, Let Right be done, as in the Petition is desired; and amongst other things there expressed, it is declared to be contrary to law, to imprison a man without cause shewed or expressed, and also that it is contrary to Law, to force a man to answer to Questions concerning himself, or for refusall, to commit him to prison. So far their own words: And therefore it were well that both Parliament-Committees, and all County-Committees, and other Magistrates in this Kingdom would compound with all those honest and Free-men that they have at their own Wills unjustly committed to Prison contrary to the true meaning of this Law, before by the sentence of the Law they be forced to pay 500l. to every man they have so unjustly Imprisoned.

From the equity and letter of which Lawes, it is desired that our learned Lawyers would Answer these insuing QUERIES.

1. Whether the Letter and equity of this Law doe not binde the very Parliament themselves, during the time of their sitting, in the like cases here expressed, to the same Rules here laid downe? Which if it should be denied, Then

2. Whether the Parliament it self, when it is sitting, be not bound to the observation of the Letter and equity of this Law, when they have to doe with Free-men, that in all their actions and expressions have declared faithfulnesse to the Common-wealth? And if this be denied; Then

3. Whether ever God made any man law-lesse? Or whether ever the Common-wealth, when they choose the Parliament, gave them a lawlesse unlimmitted Power, and at their pleasure to walke contrary to their own Laws and Ordinances before they have repealed them?

4. Whether it be according to Law, Justice, or Equity, for the Parliament to Imprison or punish a man for doing what they command him, and by Oath injoyne him?

5. Whether it be legall, just or equall, that when Free-men doe endeavour according to their duty, Oath, and Protestation, to give in Information to the Parliament of Treason acted and done by Sir John Lenthall, against the State and Kingdome, and long since communicated to several Members of the House of Commons, but by them concealed and smothered; and now by Gods Providence brought upon the stage againe, and during the time that Inquisition is made of it before the Committee of Examination, before any legall charge be fixed upon Sir John Lenthall, or be required to make any Answer or Defence, that he shall be present to out-fare; discourage, and abuse the Informers and Witnesses in the face of the Committee, without any check or controll from them?

And sometimes, while they are sitting about the Examination of his Treason, that he, shall sit down beside them with his hat on, as if he were one of them, and that he shall injoy from the Committee ten times more favour and respect, then the just, honest, and legall Informers against him; who by some of the Committees themselves, while they are sitting, are threatned, jeared, nick-named, and otherwayes most shamefully abused.

Yea, and the friends of the Informers for the State are kept without doores, and the friends of the accused admitted to come in alwayes without controll, and during the Examination of the Information, that the Committee shall refuse to remove the Informers out of Sir John Lenthalls custody of Kings-bench, to another Prison, although they have been truly informed, that he hath set Instruments on work to murther them, and also importuned to remove them.

6. Whether it be not most agrceable to Law; Justice and Equity, that seeing Sir John Lenthall, having so many friends in the House concerned in the businesse, that he should not rather be tried by the same Councell of Warre in London where Sir John Hotham and his Sonne were, then at the Parliament, his principall crime being against the Law Marshall as theirs was?

7. Whether to answer to an Indictment, when a man is demanded Guilty or not Guilty, be not to a criminall Interrogatory concerning a mans selfe, and so a man not by law bound to Answer to it, especially seeing to a consciencious man, who dare not lie, it is a great snare, who if he be indicted of a thing he hath done or spoken, dare not plead, Not Guilty, for feare of lying, and if he plead guilty, he shall become a self-destroyer (contrary to the law of Nature, which teacheth a man to preserve, but not destroy himself) in declaring that which peradventure all his Adversaries would never be able to prove against him. And

Whether it be not more suitable and agreeable to the true intent of Magna Carta (expressed in the 28 Chap. thereof) where it is said, No Bailiffe from henceforth shall put any man to his open Law, nor to an Oath upon his owne bare saying, without faithfull Witnesses brought in for the same, and to the true intent and meaning of the Petition of Right, and the Act made this present Parliament for the abolishing the Star-Chamber, &c.

For a free-man to have a charge laid against him, and his Adversaries brought face to face to prove it, and then the Accused to have liberty to make the best defence for himself he can, which was the practise amongst the very Heathen Romans, who had no light but the light of Nature to guide them, Act. 25. 16.

Yea, Christ himself when his enemies endeavoured to catch him by Interrogatories, he puts them off, without an Answer. Luke 22. 67, 68. 70. Chap. 23. 3.

Yea, when the High Priest asked him about his Disciples, and his Doctrine. He answers, Hee ever taught of only, and therefore saith he, Why aske ye me? aske them that heard me for they know what I said, John 1820, 21.

Hence justly it is conceived, that the Parliament may not condemne that man for contemning their Authoritie, who refuseth to answer to Interrogatories before them (the supreame Court,) who answereth to Interrogatories in the like case before an inferiour Court, but you will say, it is the usuall practise of the COMMON-LAW, the Question is, whether that practise be just or no? or whether any Law in practise in the KINGDOME of England doth binde the Free-men thereof, but what is made and declared by Common Consent in Parliament? and whether or no is there, or ought there not to be a plaine platforme agreed on, and laid down by the Parliament concerning things of so high consequence to all the Commons of England? and seeing the Parliament hath taken care that the Bible shall be in English, that so Laymen (as they call them) may read it as well as the Clergy, ought they not also to be as carefull, that all the binding Lawes in England be in English likewise, that so every Free-man may reade it as well as Lawyers (seeing they have Lives, Liberties and Estates as well as the other) and peaceably enjoy them no longer then they continue in the observation of the Laws of this Kingdom; whereof they are Members: and seeing the Lawyers are so full of broyles and contentions, and grow so rich and great thereby; have not the people cause to beleeve they drive on an Interest of their owne, distructrive to the Peoples well-fare; yea juggle, and put false glosses upon the Law (meerly) for their own ends. Seeing so great a part of it is in an unknown tongue, (which the Commons call Pedlers-french, or Heathen-Greeke,) even as our State Clergy did in the daies of old, before the Scripture was tollerated to be in English, in which dayes they could easily make the poor people beleeve the Poopes unwritten verities were as binding as Scripture Rules, which the Lawyers have given the Commons just cause to fear, is their present practise with law Cases; many of which are besides the Rule of the Statute-law, and also against Justice, Equity and Conscience, tending to no other end, but to inslave the People?

8. Whether it be not just and equall, that seeing Monopolisers were thrown out of the House about Foure yeeres agoe, as infringers upon the Common right of all the free-men of England, in setting up Pattents of Soape, Salt, Lether, &c. why should not those be partakers of the same justice now, that have been chief sticklers in setting up greater Patentees then ever the former were?

As first the Patent of ingrossing the Preaching of the Word only to such men as weare Black and rough garments to deceive, Zech. 13 4. and have had a Cannonicall Ordination from the Bishops, and so from the Pope, and consequently from the Divell, although the Spirit of God doth command every man that hath received a gift, to minister the same one to another, as good Stewards of the manifold grace of God, 1 Pet. 4. 10, 11.

And although ignorance and blindnesse be so universall all over the Kingdome, experience teaching, that where that most abounds they draw their swords soonest against the Parliament and Common-wealth (and so consequently against themselves, and continue the longest in their Rebellion, as now wee have woefall experience, yet these grand Monopolizers will neither goe amongst them themselves, nor suffer others without severe punishment to instruct and teach them the Principles of Christianity, or Morallity, by means of which they become destroyers and murderers of soules and bodies, and enemies to the very Civill societies of Mankind.

The second Monopoly is the Patent of Merchant Adventurers, who have ingrossed into their hands the sole trade of all woollen Commodities that are to be sent into the Netherlands, the mischievousnesse you may at large read in a late discourse consisting of motives for the inlargement and freedome of trade, especially that of Cloath, & other woollen manufactures ingrossed at present contrary to the law of Nature, the law of Nations, and the lawes of this Kingdome, by a company of private men, who stile themselves Merchant Adventurers, the first part of which Discourse (the second being not yet come out) are to be sold by Stephen Bowtell in Popes-head-Alley. Wool being the stapell Commoditie of the Kingdome, and freee by the lawes and Constitutions of the land, for all the Free-men of England to trade in. 12. H. 6. 6. and 21. 13. the injoyment of which is so essentiall a Priviledge to all the Commons of England, that whosoever gives it from them, and by any pretended Patent or Authority whatsoever, assumes it to themselves, are as culpable of the greatest of punishments whatsoever, as those that are guilty of Robbing the Free-men of England, of their birth-right and Inheritance, and yet the present Farmors of the Custome House, and their Associates are guilty of this capital crime, for if Naboath would not part with his Vineyard (which was his Inheritance), to the King, although he would have given him as much money as it was worth, or a better for it, 1 King. 21. 2. there is no reason why the free men of England should have so great a part of their Birth-right, as this is, taken from them by force and violence, whether they will or no, as their multitude of Petitions to the Parliament yet unanswered, doe declare.

The third Monopoly, is that insufferable, unjust and tyrannical Monopoly of Printing, whereby a great company of the very same Malignant follows that Canterbury and his Malignant party engaged in their Arbitrary Designes, against both the Peoples and Parliaments just Priviledges (who turning with every winde, doe endeavour by all possible means, as well now as then, to sell and betray the Kingdome for their own gaine,) are invested with an Arbitrary unlimmitted Power, even by a generall Ordinance of Parliament, to print, divulge and disperse whatsoever Books, Pamphlets and Libells they please, though they be full of Lyes, and tend to the poysoning of the Kingdom with unjust and Tyrannicall Principles.

And not only so, but most violently (even now in Parliament time, which should be like a cryed Faire, and each one free to make the best use of their Ware, both for the publick, and their own private good) to suppresse every thing which hath any true Declaration of the just Rights and Liberties of the free-borne people of this Nation, and to brand and traduce all such Writers and Writings with the odious termes of Sedition, Conspiracie and Treason, but to countenance and authorize such as shall calumniate them, and so both accept & reward such men far better then their most faithfull servants and best advancers, just as the Bishops formerly did against both the Scots, and the Parliament themselves.

They doe not rest here neither, but are yet further authorized with a generall Ordinance of this very Parliament, contrary to all law, justice, equity and reason, under pretence of searching for scandalous Books, to call numbers of deboyst men with Smiths and Constables, yea and the trained Bands also (when they please) to assist them, and in most bold and tumultuous manner to break open and rifle even the Parliaments owne (in all their greatest dangers, troubles & distresses) most faithfull friends Houses, Chests, Truncks and Drawers; and from thence to rob, steale, and felloniously to carry away such of the Possessors proper goods, choice Linnens, and best things, as they please, as well as Books new and old, after they have put the owners themselves out of doores, and commanded Constables to carry them before a Committee, and from thence to Prison.

Where they may without any consideration rott, if they will not either betray both a good Cause, and some other of the Parliaments best friends, when they had few others, or else submit to their unjust lawes; besides, it is a common thing for such lawlesse men to breake in, and search honest mens shops, when neither the owners nor any of theirs are present to see what businesse they have there.

And yet as unjustly as all the rest, they doe not onely allow the weekly printing, divulging and dispersing of Oxford Aulicus, and other Malignant Books and Pamphlets, tending to the ruine both of the Kingdome and Parliaments Priviledges, but likewise the sending of Printing matterialls to the King, whereby to Print down both Power of Parliament, and freedome of People.

All which unjust dealings doe come to passe also with the privity of the Masters and Wardens of the Stationers Company, as was openly proved to their faces at their publick Hall; who therefore like wise men perceiving the Plague afarre off, would not goe on still and be punished, but most cunningly, both to hide themselves, and their treachery against the well-affected party, and divide their spoile, so unjustly obtained by lying in waite for blood, they have now procured by this their good service to the Parliament (as they did to the Bishops) the forme or power of a Stationer-Committee in London among themselves, that they may henceforth without either Censure or Resistance of Higher Powers, both absolve the wicked, and condemne the just, and so doe whatsoever they list.

The next Monopoly, it is to be feared will be upon Bread and Beere, for as justly may there be a Monopoly upon them; as upon the former.

Oh Englishmen! Where is your freedoms? and what is become of your Liberties and Priviledges that you have been fighting for all this while, to the large expence of your Bloods, and Estates, which was hoped would have procured your liberties and freedomes? but rather, as some great ones Order it, ties you faster in bondage and slavery, then before; therefore look about you betimes, before it be too late, and give not occasion to your Children yet unborne to curse you, for making them slaves by your covetousnesse, cowardly basenesse, and faint-heartednesse; therefore up as one man, and in a just and legall way call those to account, that endeavour to destroy you, and betray your Liberties and Freedomes.

9. Whether it be not more agreeable to Equitie, Law, Justice, and Conscience, that the badge of a Malignant, or a man uncapable of bearing Office in the Common-wealth, or being chosen to sit in Parliament, as one to make Laws, should not rather be, for being disaffected to common Freedome, and having either in purse or person declared his disaffection thereunto, in any ways assisting the Common enemy, who hath drawne his sword, to destroy the freedome of the Common-wealth, which by the Law of this Land is granted unto the Free People thereof, (by means of which all such have disfranchised themselves) then for refusing out of Conscience to take the Nationall Covenant?

Which was first ordained to beget Unity between the Nations, but as sad experience teacheth, in its effects produceth nothing lesse amongst us, setting us at as bitter a Warre and contestation amongst our selves, (almost as wee have with our professed enemies) who before this unhappy make-baite came amongst us, were knit together in love and affection as one man against the common enemies of our Liberties, Peace and safety, and had no upbraiding one another with being a Covenanter, or an Anti-Covenanter, which breeds constant heart-burnings amongst us, and which if it be not by some wise, moderate and discreet means prevented, is likely to burst out into a dangerous flame in the midst of us, so that our being knit faster to God, and each to other by a band of Unity, is hereby frustrated.

Secondly, the Preamble of the Covenant it selfe saith, that the taking of it is not the chiefe part of it, but the keeping of it, the benefits of it being sure and stedfast to us, when wee are sure and stedfast in the Observation of the things Covenanted: so that if there be not the Observation of them, the ends and intention of it is voide and frustrate; but it is observed that many of those that authorised it, and first took it, within a little after, runne both out of the House of Peeres and Commons to the King to Oxford, and drew their swords against it, to destroy it, and so became wilfully perjured, and the most part of the rest that still remaine, have been very active in setting up things quite contrary to the true and declared intent and meaning of the Covenant.

As first, it tyes all those that take it without respect of persons, to indeavour the extirpation of Popery, but contrary hereunto, there is an Ordinance lately made for the strict payment of Tythes, to the Clergy, for their maintenance, although it be one of the greatest branches of Popery that ever was established in Rome, the taking away of which in any place where Popery is professed, is a more direct way to root up Popery, then the taking away all things else professed by the Papists, for the Clergy are such greedy dogges, as the Prophet calls them, that they can never have enough, being sheep-heards that cannot understand, seeing they all look to their owne way, every one for his gaine, Esai. 56. 10, 11. that they will be of any Religion where riches or profit is to be had, and will be sure to avoide and hate that Religion that brings in no profit to fill and cram their fat guts, who bite with their teeth, and prepare warre for those that putteth not into their mouthes. Micah. 3. 5. Besides, Tythes is a Jewish Ceremony abolished, as all the rest by the death of Christ upon the Crosse, Heb. 7. 5. 12. 28. & 8. 5. & 9. 9. 15. 26. 28. the establishing of which againe, is the denying of CHRIST’S death, and a setting up of Moses and the Ceremoniall law: for as the Apostle saith, Gal. 5. 3. For I testifie againe to every man that is Circumcised, that hee is a debter to doe the whole law, yea saith he, Christ is become of none effect to such a man, so say I, Hee that compells you to pay Tythes, compels you to keep the whole law, which whosoever goes about to doe, is fallen from Grace. Gal. 5. 4. Again, the payment of Tythes is an unjust and unequall thing in a Civill sense, for that the Priests who are not one for a thousand of the rest of the Inhabitants in the Kingdome should have the tenth part, yea, or rather the seventh part of all things a man hath (saving his Children) considering that they never labour for it with their hands, nor earne it with the sweat of their browes, nor bestow any kind of Charges, is the most unjust thing in the world, and so intollerable oppressing a burthen, that the Free-people of England are not able to beare it, as the Petitions presented by divers persons already to the Honse, and those many Petititions that are in agitation both in the City of London, and many Shires in the Country doe and will fully declare.

A second thing sworne to in the Covenant, as other branches of Popery is, to root out and exterpate Prelacy (as there it is expressed, Church-Government by Archbishops, Bishops, their Chancellors and Commissaries, Deanes, sub-Deanes and Chapiters, Archdeacons, and all other Ecclesiasticall Officers depending on that Hierarchy,) and yet the same men have established the Bishop’s Priests, and servants, who have no other calling in the world whereby to stand, but what they had from them, as both the Ordinance and the Priests themselves confesse, and yet by vertue of this Papall, Prelaticall Call, they Institute and ordaine a Generation of Antichristian Officers, to fill the Kingdome (contrary to the Covenant) as full of Popery and Popish Officers, as ever it was in the Bishops dayes: the drivers on of which designe (if they have taken the Covenant,) are every man of them perjured.

But you will say though the Parliament and Priests acknowledge the Bishops to be Antichristian, yet the present Priests say, they were not ordained by them as Bishops, but as Presbiters, who had their Calling from the Pope, not as a Pope, but as a Presbyter.

To which I Answer, the Devill was an Angel of Light, but is now a Devill; the question is, Whether now hee doth those actions that he doth as an Angel of Light, or as a Devill? Even so, (admit for Disputations sake only it should be granted,) the Pope was once a Presbyter, but is now a Pope, Antichrist, the man of sinne, and sonne of Perdition, as is confessed by the Priests themselves, The Question therefore to them is, whether the Pope doth the actions that he doth as a Presbyter, or as the grand Antichrist the Pope; againe, the Bishops, as they themselves confesse, are Antichristian, and as Antichristian hath petitioned against them to this very Parliament, that so they might be extirpated root and branch.

The Question now to the Priests is, Whether the Bishops did those actions that they did after they were made Bishops, as Antichristian Bishop, or as JESUS CHRIST’S Presbyters? and if they were Antichristian, then surely those that are made by them are the same, and not in the least degree any better, for the Apostle saith, Heb. 7. 7. without all contradiction, the lesse is blessed of the greater, therefore for these men to say, they are better then-those that made them, is a meer rediculous foppery; Christ himselfe telling all such men, they are very fooles, Matth. 23. 16, 17, 18, &c. where in the like case hee saith unto the Scribes and Pharisees; Woe unto you blinde guides, which say, Whosoever shall sweare by the Temple, it is nothing, but whosoever shall sweare by the gold of the Temple, he is a debter. Yee fooles and blind: For whether is greater, the gold, or the Temple that sanctifieth the gold? and whosoever shall sweare by the Altar, it is nothing, but whosoever sweareth by the gift that is upon it, hee is guilty. Ye fooles and blind: for whether is greater, the gift, or the Altar that sanctifieth the Gift. Whosoever therefore shall sweare by the Altar, sweareth by it, and by all things thereon: and who shall sweare by the Temple, sweareth by it, and by him that dwelleth therein: read likewise the 1 Cor. 10. 17. Hosea. 9. 4.

From all which places, to my understanding, it cleerly appeares, that no man whatsoever can be instated into any Office whatsoever by an Antichristian Power, but his Function is as Antichristian as his that made him, for as James saith, chap. 3. 11. Doth a fountaine send forth at the same place sweet water, and bitter? therefore in the words of the Prophet Esai. chap. 5. 20. I say, woe unto them that call evill good, that put darknesse for light, and light for darknesse, that put bitter for sweet, and sweet for bitter.

But if this be not enough to prove them Antichristian, but that yet they think the stream of Presbyterian imposition of hands is run so cleer from the Apostles to the Pope, and from the Pope to the Bishops, and from the Bishops to them, I would faine know of them how they will be able to prove, that it purely came through the hands of Pope JOANE, or where they will ever finde in the New Testament, that ever a woman in their sense was a Presbyter, or ever laid her hands upon other Presbyters, to ordaine them.

Thirdly, How they will be able to prove their succession to come truly to them, seeing there hath been sometimes two Popes at once, and sometimes three, and each excommunicating the other as false, how they will be able infalibly to make it appeare, that their Ordination came from the true Pope, and not from the false? Or how out of the New-Testament they will ever be able to prove, that a Bishop, Pastor or Teacher, did ever lay his hands to ordaine another Bishop, Pastor, or Teacher? and till they be able satisfactorily to answer to all these Queries, I shall account them as Antichristian as the Bishops, and as papisticall as the Pope himself, and every man a perjured man that hath taken the Covenant, that doth not earnestly endeavour to extirpate and root them out, their power and Interest being so destructive to the Peace, Safety and Freedome of a Nation, as all ages, times and places doe fully declare where they have had footing; and this the Parliaments owne Declaration, made the Fifteenth day of December, 1642, doth cleerly hold out, which is worth every true-hearted English-mans serious perusall and Observation.

In the third place, they sweare to preserve the Liberties of the Kingdome, and yet commit men to prison for standing for them, witnesse Lieutenant Colonell Lilburnes lying in New-gate, committed, originally no man knowes wherefore; and those that were the Authors of his imprisonment, are ashamed to this day, to tell him for what cause they have committed him: And because they would faine pick a hole in his coat, they not onely keep his estate from him, but as if they intended to destroy him without remedy, doe commit, him to prison, which action indeed tendeth to his utter ruine, and then lay all the Provocations and aspersions upon him, which they can devise against him in his Imprisonment, because they had none before.

And then at their last pinch, examine him upon Interrogatories at the Committee of Examinations, concerning himself; (just High-Commission and Star-Chamber-like.) and because he stands upon his right, and the law of the Land, and will not answer, they turne him over to New-gate amongst Roagues and Cut-purses, there to brand him with infamie as much as in them lyeth, that so it shall never be taken off from him as long as he lives, and then to make Orders to arraigne him at New gate Sessions, if they can devise a crime, and get Lawyers to plead against him, before they have done him one bit of justice in helping him to the moneys they owe him.

O English men, what doe you think of the makers, and first takers of this Covenant, are they perjured yea or no? are you able to discerne the benefit of forced Covenants, are they not like forced Religion?

In the fourth place, they sweare faithfully, To discover all such as have been, or shall be Incendiaries, Malignants, or evill Instruments against the publick good, and what mischief they are not able in their own persons to suppresse or overcome, that they shall reveale or make knowne; that it may be timely prevented or remedied; all which they sweare to doe, as in the sight of GOD.

And yet notwithstanding, although Lieutenant Generall Cromwell, according to his duty long since, revealed the Earl of Manchesters treachery and basenesse at Dennington Castle, and other places, and proved it punctually by unquestionable witnesses before a Committee of the House of Commons, and before hee could perfect his charge, he was sent upon an unhopefull designe with Sir William Waller to relieve Taunton with Horse, although it be an exceeding close inclosed Country, where a hundred foot may deale with a thousand horse.

And when he came back to Windsor, he was posted away Uriah-like, by speciall command, with his owne Regiment of Horse, to lie betwixt Oxford and Worcester, (in the very roade way of destruction, had not the Noble Generall (by GODS Providence) exceedingly streightned his party) and after that hee is posted from place to place, and never suffered to come to the Parliament since, whereby Manchesters treason lies, as it were hid, although it be more fully proved (as some of that House have since confessed) then even Straffords was; and yet he is suffered to act in all the great designes of the Kingdome, unto this present.

2. Master Mussenden and Mr. Wolley, and divers others (Gentlemen of quallity) of the Committee of Lincolne, in August, 1644. exibited Articles of High-Treason; and other hainous misdemeanors against Colonell Edward King, to the House of Commons: which Articles they have since Printed and published to the view of the World; yet can they not to this day get any hearing of them, that so they may prove against him what they accuse him of, howbeit, although in their Fourth and Twelfth Article, they accuse him of plaine High-Treason, their owne words are as followeth: As

Article 4. When hee (the said Colonell King) was before Newarke, he sent for a Captaine, who kept Crowland, who obeyed his command, yet sent word to him of the danger that Towne was in, and therefore desined his second pleasure, which was, That he should march; who accordingly did; the Gentlemen of the Country fearing the enemy, procured Major Ireton to send a 100. Musketiers to keep Crowland, which hee hearing of, took ill, that without Order from him, any should come into his liberties, and commanded them to be gone, who accordingly departed; the enemy presently surprised the Towne, and those few that he had left in it, by which meanes he betrayed the Towne unto the enemy, which was not regained without much charge, hazard, and losse of many mens lives.

Article the 12. That when the Enemy took Grantham, they being beaten from one part of the Town, wheeled about, to fall upon the other side, at a place called Spittle-gate, which Major Savill (being then Major of the Towne) perceiving, commanded Colonell King (being then Captaine of a Company there) to march with his Company to defend that place, Colonell King answered, That he scorned to be commanded by him, and rather then he would be commanded by him, he would take his company, and let the enemy into the Towne, and he delayed so long before hee would goe, that the enemy was entred at the said Port before hee came thither, by which means he betrayed that Towne. Also,

3. John Musgrave Gentleman, hath complained to the Commons in this present Parliament against Richard Barwis Esq. Burgesse for Carlile, and a Member now sitting in the House of Commons, and lately one of the Commissioners of Parliament for both Kingdomes, that at his being at Edenborough, he held correspondency with the Commissioners of Array, both for Westmerland and Cumberland, and in his Twentieth Article against him, he saith. That when the said Richard Barwis was at Sunderland, hee had Intercourse by Letters with the chief Delinquents in Cumberland, which were, especially Baronet Graham, Baronet Musgrave, Baronet Curwen, and Sir Willfrede Lawson; and that the said Mr. Barwis Estate was protected by means of some of the foresaid Knights, during the time the King had the Command of the North, and that Mr. Barwis was as Instrument in getting men nominated to be Committee-men for the Parliament, while they were in actuall Rebellion against the Parliament and Kingdome, and hath been an instrument in getting the Command of both the foresaid Counties into the hands of those that actually have been in Armes, and committed treason against the Common-wealth, who abuse the honest well-affected to the Parliament there, as much as ever they were while the King had the Command of them: and though complaint hath been made of all this to many of the House of Commons, and much more by Mr. Musgrave, and his partner, who are sent up to the Parliament from the Country (as Commissioners for that purpose) yet they cannot be heard or finde any Justice against Mr. Barwis, and the other Delinquents, by means whereof, both the Counties are in danger shortly to be lost and destroyed.

4. Some Gentlemen of the Bishopricke of Durham, long since complained to divers Parliament men of old Sir Henry Vanes wilfull loosing and betraying their Country, being there Lord Lientenant, but by reason of his greatnesse could never be heard, but in regard the substance of his charge is come into my hands, from the hands of a Gentlemen of that Country now in London: I have inserted here, that you may read it as followeth, only with this caution, that seeing in the Copy I took it out of, there were some interlynings at the latter end thereof, that if a word should be displaced, you would not therefore throw aside all the rest of it, for I dare pawne my life, the substance of it will be proved.

The Militia of the County of Darham was intrusted with Sir Henry Vane the elder, to whom some Gentlemen of the Country repaired and desired his care therein, which he omitting the Earl of Newcastle in August, 1642 taking advantage thereof, came into the County of Durham, and to the Towne of Newcastle upon Tyne, wich divers Captaines, Commanders, not exceeding the number of 100. men to raise forces against the Parliament, and by Michaelmas after, he increased to 500. or 600. men at the most, and Sir Henry Vanes having Armes of his owne in his House at Raby Castle, sufficient to arme 100. men, those Armes were carried by his two principall servants, William Conyers, a Popish Recusant, and Henry Dingly his soliciter in his Law affaires, to the Towne of Newcastle, where they were delivered to one appointed by the Earle of Newcastle, to receive them, and Conyers and Dingley received a note for the receit of those armes.

All which being publikely known in the Country, the people were much disheartned, and for that the party intrusted with the Militia, had furnished the enemie as aforesaid, many were forced to take up Armes under the command of the Earle of Newcastle, divers for feare fled out of the Country, and others of them, who staid longer, were taken and imprisoned: and shortly after, the Earles Army increased to the number of 5000. and upwards, as it was commonly reputed, there being 39. Colours of foot, and 25 Troops of Horse, or neere thereabouts; and the affected plundered in their Estates to their utter impoverishment.

Our humble desire is, That no man that hath taken up Armes and served, or been active in this unnaturall Warre, against the Parliament, or are Delinquents, or willingly contributed thereunto, be put into Commission, or imployment, or Administration of Justice, untill the well-affected of the Country be heard concerning their offences, and misdemeanours, and the same be determined of in the Parliament, &c.

This Information was presented to the Right Honourable the Earle of Essex, in February, 1643. by Richard Lilburne, and his brother George Lilburne, in the presence of Edward Wright, Nicholas Heath, John Ewbanke, and Michael Dawson, all of the County of Durham.

The Copies of Colonell THO. MIDFORDS Certificate, with others, given under their hands.

THat about July, 1642. Thomas Midford and George Lilburne went on purpose to the House of Sir Henry Vane the elder, neere Charing-Crosse, and there acquainted him of the freequent meetings of the Papists and their adherents, in the County of Durham, and that they did not onely gather together most of the prime Horses of the said County, but did exercise them in Armes, and trained the said Horse, to the discouragement of all the true-hearted Protestants of the said County: And that the Sea-ports of the said County were fit to be taken care of, which the said Sir Henry Vane promised to take timely care of, making shew that hee intended shortly to goe downe into the said County: In the meane time, desired the said George Lilburne, and the said Thomas Midford to goe to the Deputy Lieutenants, and acquaint them with the aforesaid Information, and to tell them from him, that he could not then write to them concerning the same, but bid them take care thereof, till he gave further Order.

The said Thomas Midford, about the end of the said moneth, comming into the said County, went to Durham, and did acquaint Sir William Darcie, being then high Sheriffe of the said County, Sir John Conyers and others at John Halls House in Durham, of the same, who returned the said Midford no other answer, but well, well, and seemed to make no great matter thereof.

18 June, 1645.

Tho. Midford.

In the yeere 1643, Nicolas Heath of Little-Eden in the County of Durham Esq. came to Sir Hen. Vane senior in Westminster-Hall, and told him that the County was in a very sad Condition, and the Inhabitants utterly undone, unlesse there were some present course taken for preventing of raising the forces which were then a gathering; but Sir Henry Vanes Answer was, That he here thought otherwise.

18 June, 1645
.
NIC. HEATH.

Mr. Henry Dingly died in Jan. 1644. at Charing. Crosse, and lodged neer Sir Henry Vanes Home, Testis John Marr, Esq. Clarke of the Kitching to the Prince.

Mr. William Conyers, Steward of his Land, hath continued his service likewise, and lived in Raby Castle, ever since the carrying of the Armes from the said Castle to Newcastle upon Tyne, till within these Foure moneths last past, Testis, Mr. George Lilburne, and Col. Rob. Lilburne, his Nephew. June 2. 1645.

5. When Alderman Gurney was Lord Major of London, the Citizens complained to the Parliament of him and others of his Brethren, and also of the Recorder Gardner, those that prosecuted the Cities busines, was principally Alderman Folkes, and Alderman Gibbs, that Monopoliser, and Mr. Gline now Recorder, sate in the Chaire of that Committee, but as soon as they had justled out those, they complained of, and set themselves downe in their places or Saddles, rode and spurr’d the poor Commons of London as hard as ever the former did, and troad in Strafford’s pathes of Arbitrary Government, as much as the former, and the People sigh, groane, and cry out of their unjust bondage by the Lord Major present, Recorder and Coure of Aldermen, and the Parliament look upon them with a fighting eye, and afford them no helpe, though the Commons of London have been chief Instruments under GOD of saving their Lives, Liberties, and Essates, howbeit now they goe about to make them slaves for their paines; it were well therefore the Commons of London would aske their Foure Burgesses, if they did not send them to sit in Parliament, so preserve and defend their Liberties, and if they finde they have not performed their trust, then to desire to choose Foure more Faithfull, Carefull and stouter in their places, and that the Commons of London are sensible of their boing rob’d of their Freedomes by the asoresaid parties, the Petition of divers of them presented to the whole Common Councell, sitting in Guild-hall in Aprill last, and since printed, doth fully declare; whereof a true Copy here followeth.

To the Right Honourable, The LORD MAJOR, and the Right Worshipfull, the Aldermen, and Common-Councell of the City of LONDON;

In Common Councell Assembled.

The humble Petition of divers Citizens of this Honourable City.

SHEWING,

THat the afflictions and sorrows of our hearts are unexpressible, in regard of the manifold miseries that are upon us, and thousands of our deer Brethren, and fellow Citizens complaints being generall, and very grievous. As amongst many other;

I. That the Poore is in great necessity; wanting wherewith to set themselves on worke, their Children uneducated, and thereby prepared to wickednesse and beggery.

II. That Trading is exceedingly decayed, whereby thousands that have lived in a free and plentifull way, are many fallen, and are more falling into great extremity.

III. That Assesments are made very unequall, whereby the Taxes laid upon the City, are made burthensome and paid with much repining.

IV. That the Forces of the Citie are very much abated, and that the Citie is not in a Posture of Warre answerable to its greatnesse, or its danger.

And though there hath not been wanting continuall endeavours of juditious charitable persons to prescribe remedies for those grievances, yet our miseries are such, that we are in effect debarr from opening our griefes, or proposing our remedies to any that hath power to help us.

For if wee motion our going to the Parliament immediately (as was usuall and succesfull in former times) our mouthes are presently stopt with this prejuditiall rumour. That the Parliament will not receive any Petition from the Citizens, but by the Common-Councell; whereupon few or none will move in that way, though there be never so urgent necessities.

If wee propose to goe through the Common-Councell, sad experience hath proved it so difficult to obtaine a Common-Councell, that men are weary in pursuance thereof. The Lord Major and Aldermen challenging to themselves Prerogative of calling Common Councells onely when they see cause, also that nothing shall be debated, but what hath been first presented to the Court of Aldermen, and that after debate, the Lord Major hath a negative voice or power to Null or frustrate all that hath been debated by refusing to put to Vote, or by dissolving the Court at his pleasure. By which Prerogative Rules, if the Lord Major will not, or cannot preserve the Citizens from miseries and destruction, Will not heare our Complaints, nor be sensible of our necessities, The whole power of the chosen Common-Councell men, may not interpose, or use any meanes for our preservation and relief. Wee willingly give all due honour to the Lord Major and Aldermen in referrence to their particular Offices. But that the safety and well-being of so great a People should depend upon the understanding and affections of so few, and that the whole City must be without a just means to preserve themselves, or to remedy things that are anywayes amisse, except the Lord Major and Aldermen will assent, And that those whom the People yeerly choose, and principally intrust, should be made uselesse at their pleasure. And themselves estated with such a power, that no Authority in the City can call them to an account in cases of mis-government, is so pernitiously obstructive and intollerable, as is not to be pleaded, but to the enslaving of the People.

Whereas of Right, the People of the City are a free People, and are not to be bound or concluded but by their own consents, or by the major part of those they yeerly choose to give their consents in common and free Councell, who are Commonners chosen from amongst themselves, with reference to their Consciences, and good affections. In whom the concluding law-making power of the City justly is. It being destructive and improper that it should be estated in two distinct jurisdictions. And therefore, since wee have none to open our griefes unto, but unto you, And that it is thought convenient, that wee should apply our selves to this Court in whatsoever we desire to present unto the Parliament.

Wee most earnestly intreat you to shake off all pretences of Prerogatives, by which (and the like) the Citie and Common-wealth have been most grossely inslaved, and that you will reduce your selves into so proper and just a method of proceeding, as may stand with the condition of a free people, and conduce to the remedying of all grievances, and removall of all our afflictions.

Unto which end we humbly propose to your grave consideration, as followeth.

I. That you will be pleased to Order a Court of Common Councell once every week to meet without warning upon a certaine day, and expresse houre, and to publish the same, that all the Inhabitants of the City may be informed thereof.

II. That you will also publish your readinesse to receive all Informations and Petitions from any of the Inhabitants, there having been many most necessary and usefull things stiffled for want of incouragement in this kind.

III. That you will resolve within your selves, to maintaine the Essence and freedome of your Court, As namely,

To take into your Considerations, and freely to debate whatsoever the present or greater part shall thinke meet and necessary. To Vote and conclude whatsoever to the major part shall seem good: To continue the present Session or Court, at the present occasions shall require, To adjourne to what day and time shall by the greater part be thought convenient, over and besides the set weekly Court, without which, and the due Observations of all reasonable Orders, as by your wisedome shall be provided, you will appeare to every juditious understanding, but as a meer shadow of Power, and no wayes helpfull. And therefore,

IV. That you will he pleased to make a perpetuall standing Order, or Law, that whatsoever Person or Persons shall from henceforth by secret or open meanes endeanour to deprive the Court of Common-Councell of the foresaid Rights, Freedoms or Priviledges (is the vindicating whereof some members of this Court then Commoners exprest much zeale against that obstinate Lord Major Gurney, and his perverse Associates) shall be instantly disfranchised and otherwise punished, as shall seem good is the Justice of this Court.

These wee most earnestly intreate may be speedily established, as being the only meanes to incourage your Petitioners, and all other well-affected People, to study and present you with such materialls as may happily tend to give a speedy end to all our miseries.

And wee shall ever pray, &c.

This Petition was delivered the 15. of April, 1645. to the Common-Councell of London, sitting at Guild-hall.

6. Sir John Lenthall having acted and done many things of extraordinary prejudice against the State, one Captaine Cob, a sea-Captaine, and then Prisoner in the hands of Sir John Lenthall, out of duty and affection to the well-fare of the Publique, informed by a Letter the Speaker of the House of Commons of it, and sent his Letter by the hands of one Mrs Jencks, who faithfully delivered it to him, and by her importunity to some that belonged to the said Speaker for an Answer to it, the said Captaine Cob was brought out of Prison to the House of Commons door, as he thought to justifie, the said Letter, who had brought along with him three or foure Witnesses, to prove all the particulars mentioned in the said Letter.

But the Speaker, contrary to his duty, never caused him to be called in, but only sent him out word, that he should goe home againe, and he would shortly come over to his brother Sir Johns House, and speak with him there, who accordingly did, but would admit none to be present to heare what passed amongst them there; yet Cob, as soone as he came into the Prison amongst his fellows, gave unto them a true Relation, upon his Reputation, of what passed amongst them, which as they averre, was to this effect; as soon as he came up, saith the Speaker, Sir doe you know me, yes sir, saith Cob, I know you to be Speaker of the House of Commons, which was the reason I writ to you, judging you the fittest man to bring to light so great a businesse of importance, as I have to make known to you, for the good of the State and Kingdome, then the Speaker shewed him his Letter, and asked him if he would justifie it, and he told him, yes, and a great deale more, if he would doe his duty, in making it truly knowne to the Honourable House of Commons.

The Speaker turning himself to his Brother, said, Sir John, if this be true, heare is enough to hang you, well Sir, saith Sir John; whereas he chargeth me of letting Violet goe twise to Oxford, during the time that hee and Sir Bassell Brooke were contriving their Plot against the City; you know I never let him goe but once, and then I had your warrant for it; well, well, said the Speaker, Captaine Cob, I see you are an honest man, and much wronged by your adversaries, but shake hands and be friends with Sir John, and I will get you your Liberty, so they parted.

But Captaine Cob perceiving the Speaker did nothing in it, but indeavoured to smother it, sent a true Copy of his Letters, that he had sent to the Speaker, to Mr. William Pendry of London, with Ellen Thomas, her information about the threescore thousand pounds of Sir Bassel Brookes, that then was in Sir Johns hands, which Letter and Information the said Pendry communicated to two Knights that are members of the Committee of both Kingdomes, who took no more care then the Speaker to have it brought to light, nor the 60000l. attached, and now it is upon the stage, before the Committee of Examination, the Chaireman of which, Justice Whittiker, with Mr. Knightly and Sir Robert Pye, who is desired to remember a Letter that was going to Don Cattington &c. have not dealt fairely in the businesse, as both the Informers, and some of the 6. Citizens that were permitted into the Committe, to see to the managing of the businesse doe declare.

And therefore assuredly, if so foule and hainous a businesse as this is, be smothered up againe, I am very confidently perswaded, some one or other will publish all the particulars of it (ere long) in print, to the view of all the Commons of England, that so they may see and judge how they are jugled with, by some of those they have reposed their greatest trust in, although Sir Jo. Lenthall, and the Speaker have (as it may justly be supposed) set Dr. Bastwick at worke to publish to the view of the world the innocency of the parties accused, saying in the 8. page of his late book against Mr. Lilburne, that there is nothing made good against them, so much as with a seeming probabilitie, much lesse proved, and so busy and earnest is the said Bastwick to defend their rotten Reputations, and their wicked and unjust dealings towards the State and Kingdome, that he thinks with his lies and base and sordid language, to salve up their credits, and to Baffle and justle the just and honest prosecuters out of their just wayes and pathes they tread in, to doe the Kingdome faithfull service in bringing treason to light.

Yea, so bold and impudent is hee, being back’d by their Authoritie and Interest, that rather then truth shall come to light, and their wickednesse be discovered, he will lay such a blot upon the Parliament, that will render them ridiculous to all that seriously read his Book, and consider that the Parliaments owne Authority hath licenced him to call them Ninneys and Grols.

For saith he in the last page of his Book, For as there is no family, though never so honest, that both not a Whore or a Knave of their kindred, so it is impossible in such a great Counsell as the Parliament is, but they should have some Ninnyes and Groles, and men that have no more wit, then with reach from their nose to their mouth: It were well Dr. Bastwick would doe the Common wealth that service, as to name those men, that so some men may begge them for fooles, to take upon them so high a calling, as to be Law-makers to so great and knowing a People, as England is, and to have so little wit in them.

Surely this Parliament will be contempteous, not onely to their foes, but also to their freinds, and will never shake off this blot while they sit, unlesse they call him to an account, and make him name whom he meanes, and punish that Licencer that durst be so bould, to let such a book be published cum privilegio, to the dishonour of the very Parliament it selfe, surely Sir John and his Brother the Speaker have feed Bastwick well, and are not very sound, that they put him (their pack-horse) upon such desperate courses to salve up their credit, and he hath as little wit or honesty in him to be so earnest for Sir John Lenthall in particular, who is notoriously knowne and reputed so grand a Knave and Tyrant, by thousands that know him, as England hath not his fellow, being at this present Outlawed, and hath so continued 3-yeers, and of whom for murder, Cruelty, Bribery and Arbitrary Government, and what not, there hath so many complaints been made to this present Parliament, (though little effect they have taken, by reason of the Speakers Power and Interest) whose common practise it is, to walke in a constant contempt and violation of the knowne Laws of the Kingdom, and to the making of them null, and of none effect, as much as in him lies, to the ruine and destruction of thousands of the free Denizons of England.

For though the Law provide, that if a man in Execution escape or walke abroad out of Prison, the Jaylor is lyable to pay his debt, yet for his own gaine he doth constantly doe both, and the undone and wronged Creditor can have no satisfaction of him, neither Law nor Justice against him, by reason of the Speaker his great faction in the House, supporting of him.

Sir John Lenthal, besides his Outlawries, hath dozens of executions upon him, and yet walkes abroad, and continues keeper of Kings-Bench Prison, and Justice of Peace, and as it is reported, is Chairman of a Committee, by means of which, he is invested into a Power to crush and destroy every honest man that but opens his mouth to speake of his basenesse and injustice, the height of his injustice and of his Arbitrary and Tyrannicall Government, scarcely in Strafford to be parralell’d, which is so insupportable to the poor oppressed Prison in Kings Bench, that they have got a proverbe amongst them in these words;

The Lawyers rule Committees, the Speaker rules the Lawyers, Sir John Lenthall rules the Speaker; Thomas Dutson rules Sir John Lenthall, and the Devill rules Dutson.

But for all Bastwicks brags of Sir John Lenthalls innocency, if he please to doe the State so much service, as to prevaile with his good friend the Speaker, to procure the same Court Marshall in London that sate upon the Hothams, as soon as the Ordinance is past, hee shall have the names of some of reputation in the Kingdome, that will before that Counsell accuse Sir John Lenthall of High Treason, and hazard the losse of their lives upon the proof of it.

In the last place, the Parliament men swear to be at enmitie with indifferencie or newtrallity, which newtrallitie in the Covenant, is branded as detestable by them, and yet notwithstanding, divers of them cannot indure them that would have an end of these warres speedily; but hate and abhorre all those who with all their might indeavour the end of them: and though such men walke by better principles then taking the Covenant, even by Principles ingraven upon their soules by God himself: yet unlesse they will take this (impossible to be kept) Covenant, (the framers and makers of which have runne into wilfull perjury themselves) they must be turned out of Committees and their Regiments disbanded (as in Hartfordshire, &c. and Newters put in their places, that are neither hot nor cold, nor have any other principle whereby to walke, but base pecuniary principles and self-Interrests and by this meanes the Kingdome is in danger to be utterly destroyed, even by such covetous newtrall indifferent Committie-men, and men of excellent publique principles, disfranchised, and undenized, contrary to the fundamentall Constitutions of the Kingdome, which doe allow none to be so dealt with, but only for an act done or committed against the welfare of the Publique.

And though many conscientious men have laid out their witts, their time, their paines, their purses, their blood; yea, and all that in this world is most precious to them for the preservation of the Publique, yet they must not sit in Parliament, though never so fit and able, unlesse they will take this make-baite (persecuting, soul-destroying, Englands dividing, and undoing) Covenant; I shall therefore desire all the Commons of England, and the Parliament themselves, seriously to read over some part of their owne words, in their Exhortation to the taking of the Covenant, the words thus follow:

And as for those Clergy men who pretend that they (above all others) cannot Covenant to extirpate that Government, because they have (as they say) taken a solemne Oath to obey the Bishops; in licitis & honestis, they can tell if they please, that they that have sworne obedience to the Laws of the Land, are not thereby prohibited from endeavouring by all lawfull means the abolition of those lawes, when they prove inconvenient or mischievous.

And if there should any Oath be found, unto which any Ministers or others have entered, not warranted by the Laws of God and the Land, in this case they must teach themselves and others, that such Oathes call for Repentance, and not obstinacie in them.

O that the Parliament would mind these their owne words, and give free leave to some of their honest fellow Commoners to remonstrate the inconveniency and mischievousnesse of this Covenant, and I am confident, it would easily and cleerly be made appeare to themselves so wild, that they would never inforce it any more, but rather recall it again. Judg. 11. 30. Est. 3. 10. Dan. 3. 3. &c. Mark. 6. 23.

12. Whether it be not most agreeable to Law, Justice, equitie and conscience, and the nature of a Parliament mans place, that during the time of his being a member, hee should lay aside all places of profit in the Common-wealth, and tend only upon that function, for which he was chosen; or if he be poor, or have lost his Estate, whether he ought not at present, to be content with his masters wages, that is to say, with so much a day, as the Common-Wealth by the Law of the Land is to pay him for his dayes labour, which is expressed in 33. H. 8. 11. to be 4s. per diem to every Knight, and to every Citizen and Burgesse 23. a day, or more, as heretofore hath been accustomed, &c. or with some reasonable Competency, being the Commonwealth is grown so poor, that it is not able to pay her common Souldiers their 8d. a day, though they constantly adventer their lives to preserve her, which the Parliament men seldome doe, and not to thirst after great and rich Places, farre lesse to possesse or enjoy them.

Seeing by woefull experience it is found, that the possessing of them breeds nothing but factions and base cowadlinesse, yea and sowing up of mens lips, that they dare not speak freely for the Common-wealth, nor displease such and such a faction, for feare of being Voted, and thrust out of their unfit to be enjoyed Offices, the Common wealth hath just cause to fear they will set up an interest of their owne, destructive to that common Interest and Freedome, whereof the poorest free man in England ought to be possessor, and so make this present Parliament an everlasting Parliement, and the Warre a never ending Warre, seeing it tends so much to the inriching of Parliament men and their Officers, who have already wisely, as they thinke, senced themselves with an Ordinance made the 26. of June, 1645. That they shall not be called to account for their Masters the Common-wealths money, nor Plate that once commeth into their fingers.

Object. But would you have those Parliament men, that had their Places before the Parliament sate, turned out of theirs?

Yes, I would have Sir Henry Mildmer, Sir Henry Vane the younger, Soliciter Saint-John, Mr. Holland, &c. turned out of their Places at present, though I conceive it just they should be secured of the injoyment of them againe so soon as the Parliament is ended, for their present injoying thereof, sowes but up their lippes, and makes them they dare neither speake nor doe that they should, and without them is hoped they would (and for avoiding the jealousie of partiallity) I thinke there is as much Justice, to turne them out during the Parliaments continuing, as to turne out Mr. Greene, Sir Robert Harlow, Sir Walter Earle, Mr. Reynolds, the Speaker, Mr. Prideaux, &c. and all the Chancery Judges, for to me it is one of the most unjust things in the world, that the Law-makers should be the Law executors, seeing by that meanes, if they doe never so much injustice and oppression, a man may spend both long time, and all he hath besides, before ever he can get any Justice against them, yea, and it may be, hazard the losse of his life too.

And therefore it were a great deal better for the Common-wealth, that all the executors of the Law should be such persons as doe not in the least belong to the Parliament, that so they may not be able to make any factions to save their Lives and Estates, when they doe injustice: and I am confident, there is never an honest-hearted Parliament man that meanes well to the Common-Wealth, but he will upon the debating of this needfull point, be of my minde, though it be never so contrary to his owne particular Interest and profit.

But you will say, This will fetch that gallant man Cromwell from the Army, which will be a mighty losse to the Kingdome, seeing he is so able and active a Souldier, and so extraordinarily beloved of the Officers and Souldiers in the Army, yea, and such a stay to that unparralleld Generall, Sir THOMAS FAIREFAX.

I answer, it is very true, that the Kingdome will have a mighty losse of him indeed, if he should be taken out of the Army, and be made unserviceable to them any where else; but if he come into the House of Commons (that proper seat whereunto hee was chosen,) and doe them ten times more service there, then he doth, or can doe in the Army, what losse hath the Common-Wealth then? Consider seriously the grand service he did the last Winter, when hee was in the House, and see whether any action that ever he did in his life can be parralleld to it, and I beleeve it will be found good to have him at home: for he is sound at the heart, and not rotten cored, hates particular and selfe-Interests, and dares freely speake his minde.

Therefore home with him, as well as the rest of Parliament-men, according to their owne Ordinance, and let him perfect what he began, and either lay Manchester flat upon his back, or himself, for the best service can be done the Kingdome, is to pull out home-bred Traytors, and to helpe to keep and preserve the Great Counsell aright: for if there be Twenty Armies abroad, and your Counsells be not absolutely safe, sound, and Unanimous at home, you are not safe, but still in danger; besides, I have heard it reported, that hee was about a designe of getting a Committee set apart, and an Order made and published to the whole Kingdome, that if any man were unjustly oppressed by any Member of Parliament, Committeman, or any other Officers or Ministers, let him bring his complaint, and hee shall have a just and a faire hearing, and Justice done not in words, but in actions upon the Transgressour.

O for selfe-denying Cromwell home againe, to set this on foot, which would be a salve for all our sores, and would gaine the Parliament more ground in one moneth, then their forcing the Covenant will doe in a hundred; And if you will seriously meditate upon these things, you will finde there was a hidden mystery in sending him from the Parliament, when he had impeached Manchester, the fresh pricking of which veine againe, would cause good blood to grow in the body of our Common-wealth; and besides Cromwell may reasonable well be spared now from the Army, seeing there are so many gallant, brave, and true-hearted Englishmen there besides himself, who are well knowne for their Honesty, Parts, Valour and Souldiery to the Noble Generall: and besides, Cromwell, if he were at the House, might (if it were thought fit) now and then visite the Army, to solder them together, if there should be any disjoynted, (as I hope there will not) in which Art hee hath good skill, and unfainedly hates all factious pertaking, and base selfe-gaining.

Againe, Whether is it not agreeable to Law, Justice, Equity and Conscience, seeing that by the 4. of Ed. 3. 14. that there should be a Parliament once every yeere, and more often, if need require, and in the 36. of E. 3. 10. it is inacted, That for maintenance of the Laws, and the redresse of divers mischiefs and grievances, which daily happen, a Parliament shall be holden every yeere, as at another time was ordained by a Statute, that seeing this present Parliament, (by reason of the extraordinary necessities of the Kingdom) have sate foure yeeres, and many of the members betray’d their trust, and those that remaine, ingross Law-making, and also Law-executing into their own hands contrary both to reason, and to the true intent and meaning of the Law, which saith, delayes in judgement in other Courts shall be redressed in Parliament, as also false judgements and difficult Cases that shall happen, shall be there decided: Read the 14. E. 3. 5.

By which manifest abusing, negligent and not true using the Lawes, oppressions, mischiefes and grievances are no lesse (if not far more) increased; then they were before the Parliament began; and many times by the powerfull Interest of a Faction in the Parliament, to save some one, two or three of their Members, undeserving credits; they so violate the known, unrepealed, and declared law of the land, yea and their owne Votes, Ordinances, Declarations and Protestations, as if they had never made them; I say, all these things considered, ought not the Free-men of England, who have laboured in these destroying times, both to preserve the Parliament, and their owne native Freedoms and Birth-rights, not only to chuse new Members, where they are wanting once every yeere, but also to revue and inquire once a yeere, after the behaviour and carriage of those they have chosen.

And if they finde that since they came into the House, they never made any motions for the publick good, nor so much as for theirs that sent them, but doe sit like so many Ninneys and Groles, that have no more wit in them, then will reach from their noses to their mouthes, as Doctour Bastwick saies, or have any way been unfaithfull and unserviceable to the publique, or groundedly suspected so to be, that then those that chuse and sent them, may have liberty to chuse more faithfull, able and better men in their places, for standing water will speedily corrupt, if it have not fresh running springs to feed it, though it were never so pure at the first.

Therefore I earnestly desire all true-hearted Free-men of England, to have a care in their present new choices, and seriously consider, that Gallant man, Major George Withers advice to them in his late Book, especially his 20. page, who there saith, Some men give their voices to their friends, some to their Landlords, some to the richest (and hee forsooth must needs be the wisest) mens merits are measured by the aker, weighed by the pound, so let a Beast be Lord of beasts, and possesse many acres of durt, hee shall be preferred to be a Parliament-man, in admiration of his wealth, and not wit: although (as Varro saith of a swine) he hath no more soule then will serve in stead of salt to keep his body from putrifying.

But who thinkes upon the poor wise man, who as Solomon saith, saved the City? who thinks of the just man, whose integrity keeps Gods blessing amongst us, and us together amongst our selves? No not one; who wonders then to see a crooked representation of a crooked Commonwealth it is no true glasse that calls not a shadow as crooked and deformed as the substance: but above all others, have care of chusing Lawyers, as the same Author in his late Poems called Vox Pacifica, page 183. saith of them; for if the Common-wealth had Peace with their professed enemies; yet they will reincrease.

    • ———Your Quarrells, else, assigne as you agree:
    • By their formalities, and slow proceeding,
    • Your remedy for injuries is made
    • A mischief, the disease oft times exceeding;
    • And if some eye unto them be not had,
    • So many places in your Parliament,
    • They will supply, and fill so many Chaires
    • In your Committees; that, much detriment
    • Unto the Subject; and some close impaires
    • Of Publique Freedomes (e’re you be aware)
    • Which slip upon you, if you have not care.
    • So strong a party they have alwayes had,
    • That your great-Charter, which doth interdict
    • Delay of Justice, was in that point made
    • (Ere since the Grant) a Law without effect.
    • But when their Courts, and practises have reach’d
    • Oppressions height; they, as the Clergie were;
    • Shall downe into another Orb be setch’d,
    • And taught to keep a constant motion there:
    • This worke, upon some Courts hath been begun,
    • Another time, it shall be fully done.

And as the worthy Authour of that late sheet of paper, called Some Advertisements, for the new Election of Burgesses for the House of Commons, saith in his 6. page.

Take heed how you fill up Elections with these kind of men (meaning Lawyers) the Recorder of every Borough will of course looke to be chosen; as being the mouth of his Corporation: but it is a Custome not fit for the necessitie of these times, our affaires require rather States-men then Lawyers; my Reasons against such Elections follow:

1. The Knowledge of the Common Law, doth no way conduce to the making of a States man: it is a confined and topicall kind of learning, Calculated only for the Meridian of Westminster-Hall; and reacheth no further then Dover. Transplant a Common Lawyer to Calice, and his head is no more usefull there, then a Sun-dyall in a grave: who ever heard of the Polyticks written in Law-French?

2. If the making and penning of good Lawes were the worke of these times (as they are not) it were not wisedome to chuse Mercinary Lawyers to make Lawes: because they are the first men to invent subtilties to evade them, and make them uselesse; and will pen them obscurely on purpose to procure themselves work in the interpretation.

3. Lawyers, being a bold and talketive kinde of men; will intrude themselves into the Chaires of all Committees, where (being accustomed to take fees) they will under-hand protect delinquents, and their concealed Estates with tricks and devices.

4. The Reformation of Courts of Justice, is a worke of absolute necessity, without which (though the sword of the Lord returneth again into its scabbard, so that you have no warre yet) you shall have no Peace: but if you have many Lawyers, they will never suffer any effectuall Law to passe for this purpose: Because they yet move by the corruption and delayes of the Law, then by the Law it self:

5. It is necessary to make a Law for limitation of exorbetant fees, extortion, and prevarication (or collusion) amongst Lawyers, as it is used in other Countries.

6. It is necessary to limit the certaine number of practisers in each Court, that they swarme not (like Locusts) over the land, devouring and impoverishing it.

These blessings you will never attaine unto, unlesse God give you the wisedom to avoide such Elections: lay to your hearts sinne as well as the shame and smart, of oppressions and transgressions of lawyers; and you will finde that the cries of the oppressed have been a principall motive to draw downe Gods vengeance upon this mournfull Land.

Was ever so desperate a wound given to the Lawes, Liberties and properties, as the predetermined judgement of Ship-mony. Who gave that blow? Judges. What were they? Theeves cum privilegio Rege majestatis who bought Justice by whole-sale, and sold it by Retaile? Who assissed them? Lawyers, who undertaking to pleade for their Clyants against it, (pretending one thing, and doing another thing) for the most part; and betrayed the Cause, all to get favour and proferrment; and yet such proceedings were both against the Judges, and the Caronation Oath; upon an extrajuditiall opinion collusively given: (for saith the Record) Sacramentum Domini Regis ergo populum suum habent ad custodiendum. But our Judges, (though more wicked) have the happinesse to live in a more wicked age, and out live their crimes, paying onely a small part by way of fine: and enjoying the rest of their stollen treasures : and after they had made Peace as devouring as warre, and the Law as cruell as the Sword; who’s that is not a better Christian then these Brothers of the Coyse, brothers in evill: will not cry out with Epicures, that God takes no more care what men doe on this earthly bulke, then man doth what doth what Ants doe on an Emmett-hill; when Verres: being Consull of Cicily,) had pilled that Province, and (other Pro-Consulls, and Pro-Pretors were punished for lesser Extortions) he laughing at their foolish moderation, vaunted to his Brother Tymarkedes: that he had got enough to buy the freindship of the Senate and commendation, of a rich and Honourable man: So our Judges enjoy their crimes, and the prize and reward of them: Nay, they grow fatt and prosper upon the anger of God and man, whilest this Land groanes under the sad weight of the Sword, Pestilence, and famine, the effects of their injustice: but through whose favour is it they have not expiated their Crimes with their blood: and washed away the Guilt of the Land; but the Lawyers? who wisely consider it may be their own Case another day.

I have shewed you how unsafe it is to trust Mercenary-men with making or keeping of your Lawes; I will epitomize what I have said in Pliniea’s words (in Panegyr ad Trajanum) Hereto one we were laden with our Crimes, now we are oppressed with our Lawes: and it is to be feared, least the Common-wealth (though founded by the Lawes) be confounded by the Lawes (or rather by the Lawyers.)

Likewise to this purpose read what the Author (reputed to be a member of the Assembly, as well as he that writes the Brotherly and friendly Censure of Mr. Prinnes 4. late Queries;) in his Antidote against the same 4. dangerous Queries, pag. 3. saith, That if the thing be granted, that he disputes, for Judges will be taught, That they judge not for man, but for the Lord, who is with them in judgement, people will grow more peaceable and free from continuall contentions: Lawyers shall not get the wealth of the Land into their hands by fishing in troubled waters: incouraging men in unlawfull and quarrelous suites, pleading wicked Causes for large Fees, prelonging suites; and making men spend in long suite unto twise the value of their just Right, and debt for which they sue, and by taking treeble fees, and keeping them, though they faile their Clyant, and have beene imployed at other Barres, when his Cause was to be pleaded.

Godlinesse and true Religion being increased by faithfull Preaching and godly Discipline, in the hearts of men, will make the Common-wealth free from the necessity of many Lawyers, which the learned Philosopher held to be a Plague in a State and Kingdome: and therefore it is no marvell that the corrupt ones of that Profession, are deadly enemies to the Maintenance, Honour, and other incouragements of the true Ministery of the Gospel.

Also: Read what that honest Author (and true principl’d Common-wealths man:) of the little booke intituled, A Helpe to the Right understanding of Mr. Wil. Prynne, saith of Lawyers; and lay all the aforecited Authors together, and you will easily finde, they make it evidently appeare, that there is as little use of Lawyers to be in the House of Commons, as there is of a Plague or Pestilence or of the Bishops and Popist Lords in the Honourable House of Peeres; their Interest being both as Delatory, and as destructive to the true Peace, Prosperity and well-fare of the Common-wealth of distressed England: for the procuring of which, as principall helpes and meanes under the powerfull and wise disposing Providence of the Lord JEHOVAH, who in his owne due time, (as Mordecai said to Esther, Est. 4. 14. and Isa. 63. 3. when all means faileth, is alone able without and beyond all meanes, to bring Salvation by his owne out-stretched Arme, Yet let not us be idle or secure, but observe and indeavour these insuing means for our part.

I. By Petitioning, and by all other lawfull wayes and addresses, strive to procure from the Parliament, and all other just Authority, than they (according to their duty, Oath, and Profession; yea, and our trust reposed in them) will Administer JUSTICE impartially, (according to that loud and earnest desire of distressed and Imprisoned Lieutenant Colonell LILBURNE, in that late Letter, (which frequently is called his,) and according to those sad and lamenting Expressions in that just complaining Epistle (of an Utter Barrester to his speciall freind,) called Englands Misery and Remedy,) and that without turning either to the right hand, or to the left, or knowing of any Relation either to Father, Mother, Sister, Brother, Kinsman or other; or without regarding of any Faction, either Popish, Episcopall, Presbyterian, Independant, Separate or Anabaptist, but Cordially to doe every one Justice, because it is just: and severely to punish all perverters of Justice; whosoever they be: one Moneths doing of which, would procure the Parliament more Cordiall freinds then the fighting of all their Armies, or the forcing of all their Covenants, or the Pressing of all their Souldiers, or persecuting all their Sectaries will doe in ten moneths space.

II. To endeavour to set the City of London right in the enjoyment of her Priviledges: (being the Metropolis of England, that shee may indeed be a true President to all the Cities and Corporations in the Kingdome, and a ballance to all the Tyrants, or Arbitrary-principled men in the same:) the means to set her right, is first, for the Commons to get a Copy of their Charters, and translate them into English, and print them, that so every free-man may see and know his own rights, and endeavour the more earnestly the exemplary punishment of the infringers and incroachers thereupon.

III. To rise as one man under faithfull, honest, experienced, constant, well-affected Commanders, such as those that rise, shall chuse to adventure their lives with, and beleager all the Kings Garrisons before the storme grow so great in the North, that no man dare travell under paine of his life, according those honest and good Directions lately printed, which are intituled, Englands Cordiall Physick.

IV. To call to a just and strict account all Fingerers, and Receivers of money, whatsoever, even Parliament men as well as others; for they are all but the Common-wealths servants) and severely (according to the greatest pennalty of any declared and unrepealed Law) to punish all those that have any wayes cheated and cozened the Common-wealth, and unjustly made themselves rich by her treasure now in the time of their great riches, and her extreme poverty; and for future time, to make a Law to punish with death all such grosse transgressors, who deserve to have their skinnes flaid off, and stopt full of straw, and being up publikely in the places where they so unjustly executed their undeserted Offices, and deceived their owne Nation to inrich themselves, to the terrifying of all such as shall succeed them in their places, from the acting of such unchristian yea and worse then Heathen-like Roaguery.

For I am confident, that the portion of all such covetous State-robbers, Nationall Fellons, mighty thieves, and secret Traytors will be such as are described (or painted lively in their colours) throughout the Twentieth Chapter of Job, from the fourth Verse, which I expresse here at large, and more Scriptures after them, for the use of those that have no Bibles, to read (they are become so dear, and Monopolized like other things, as shall yet hereafter appeare,) the words are these.

Knowest not thou this of old, since man was placed upon the earth, that the triumphing of the wicked is short and the joy of the hypocrite bilt for a moment. Though his Excellency mount up to the heavens, and his head reach unto the Clouds, yet he shall perish for ever, like his owne dung: they which have seen him, shall say, Where is hee?

He shall flie away as a dreame, and shall not be found, yea, he shal be chased away as Vision of the night, the eye also which saw him, shall see him no more, neither shall his Place any more behold him. His Children shall seek to please the Poore, and his hands shall restore their goods: His bones are full of the sinne of his youth, which shall lie downe with him in the dust. Though wickednesse be sweet in his mouth, though hee hide it under his tongue: though be spare it, and forsake it not, but keep it still within his mouth.

Yet his meat in his bowels is turned, it is the gall of ashes within him. He hath swallowed down riches, and hee shall vomite them up againe, God shall cast them out of his belly: He shall suck the poyfon of Aspes, the Vipers tongue shall slay him: He shall not see the Rivers, the floods, the brookes of honey and butter; That which he laboured for, hee shall restore, and shall not swallow it downe; according to his substance shall the restitution be, and he shall not rejoyce therein.

Because he hath oppressed, and hath forsaken the poor, because he hath violently taken away an house which be builded not: surely hee shall not finde quietnesse in his belly, hee shall not save of that which hee desired.

There shall none of his meat be left, he shall be in straites; every hand of the wicked shall come upon him: When he is about to fill his belly, God shall cast the fury of his wrath upon him, and shall raine it upon him, while he is eating.

He shall flie from the iron weapon, and the bow of steel shall strike him through: it is drawne, and commeth of the body: yea, the glistering sword commeth out of his gall; terrours are up in him: all darknesse shall be bid in his secret places; & fire not blowne shall consume him: it shall goe ill with him that is left in his Tabernacle. The heaven shall reveale his iniquity; and the earth shall rise up against him: the increase of his House shall depart, and his goods shall flow away in the day of his wrath? This is the portion of a wicked man from God, and the heritage appointed unto him by God.

Cnsider and apply these Judgements to your selves yee wicked Lawyers, (if you apprehend your selves to be guilty of the blood, and of grinding the faces of the poor, by your professions, and especially you grand Lawyers, (who are out of your element) in the House of Commons, by your practises.)

And as the Psalmist saith well of wicked men, Psal. 73. 5. &c. They are not in trouble as other men, neither are they plagued like other men: their eyes stand out with fatnes, they have more then their heart can wish, they are corrupt and speak wickedly concerning oppression, they speake foolishly, they set their mouth against the heavens, and their tongue walketh through the earth: therefore the people returne hither, and waters of a full cup are wrung out to them. And they say, how doth God know? and is there knowledge in the Most High: Behold these are the ungodly who prosper in the world, they increase in riches.

But in the 18. verse it is said, Surely thou (O Lord) didst set them in slippery places, thou castest them down into destruction.

And in the 49. Psal. 16. hee saith, Bee not thou afraid, when one is made rich, when the glory of his house is increased, for when hee dieth, hee shall carry nothing away, his glory shall descend after him, &c. And in the 50. Psalm. 16, &c. But unto the wicked, God saith, What hast thou to doe with my statutes, or that thou shouldest take my Covenant in thy mouth: seeing thou hatest instruction, and castest my words behind thee. When thou sawest a thief, then then consentedst with him, and hast been partaker with Adulterers. Thou givest thy mouth to evill, and thy tongue frameth deceit. Thou sittest and speakest against thy brother, thou slanderest thine owne mothers sonne. These things hast thou done, and I have kept silence: thou thoughtest that I was altogether such a one as thy self; but I will reprove thee, and set them in Order before thine eyes. Now consider this, yee that forget GOD, lest I teare you in pieces, and there be none to deliver. Whoso offereth praise, glorifieth me, and to him that ordereth his conversation aright, will I shew the salvation of God.

But as the Prophet Jeremiah saith, chap. 23. &c. But this people hath a revolting and rebellious heart; they are revolted and gone: neither say they in their heart, let us now feare the Lord, our GOD, that giveth rain, both the former and the latter in his season, hee reserveth unto us the very appointed weeks of the harvest: your iniquities hath turned away these things, and your sinnes have withdrawen good things from you. For among my people are found wicked men; they lay wait, as hee that layeth snares, they set a trap to catch men. As a cage is full of birds, so are their houses full of deceit, therefore they are become great, and waxed rich. They are grown fat, they shine, yea, they overpasse the deeds of the wicked they judge not the cause, the cause of the fatherlesse; yet they prosper, and the right of the needy doe they not judge.

Shall I not visite for these things, saith the Lord, shall not my soul be revenged on such a Nation as this? A wonderfull and horrible thing is committed in the Land, the Prophets Prophesie, falsly, and the Priests beare rule by that means, and my people love to have it so, and what will yee doe in the end thereof.

But to returne to our former matter, especially the grievances of the Nation; (through the mistake of the Printer, in omitting of some Manuscripts) and the absence of the Author, when the Monopolies in the former part of this Book were expressed; as chiefly that soul-starving, or murthering Monopoly, in hindering the free passage of the Gospel, by extorting the prices of Bibles, which the false self-loving Stationers, as deadly enemies to all goodnesse, have been enterprizing a long time to obtaine, and against all common freedom, to engrosse into their owne hands the sole and only selling of them, by which meanes, they intend to tell at what rates soever they please, though already they sell at double the rate that honest wel-affected Common-wealths men may print and sell them, and also be conscionable gainers by them:

So of all Monopolies or Patents, next the monopolizing, of ingrossing the Preaching of Gods Word into the Tything and gripeing clawes of the Clergy: this is the most wicked and intollerable, because it deprives many, both poore servants, and others of meane condition to buy any Bibles at all, by reason of the extraordinary dearth or dearnesse of them, that thereby they might be instructed in the way to heaven and happinesse; and taught their duty also towards their Masters, and the Magistrates; whereby it is evident, that those Stationers, thus enterprising, are self-seekers, and as great enemies to the Common-wealth, as they are to all goodnesse.

And besides, they employ the Bishops old Theeves and Roagues about their robbing affaires, as Hunscott their Beadle for one, and a tall pale-faced fellow for another, who lately with their base crue of robbing Partners, under pretence of Parliamentary Authority, to search for dangerous Bookes, have robbed divers honest mens houses in London, who have been the Parliaments best friends and servants, and particularly. Lieutenant Colonell Lilburnes house, who being Prisoner in New-gate, and his wife with him, and she great with Childe, and neer her time, those robbers took advantage of their absence.

And none being in the House, but an old Gentle-woman at that time, whom they much frighted; as they did a young Gentle-woman in another place, to the great danger of her life (insomuch that she cryeth out in her terrible Fever, (Hunscott, Hunscott) ) they ranne up into the Chambers & stole out of his wives Drawers, divers pieces of her Child-bed linen and such other things as they pleased, and refused to shew the Old-woman what they had stollen, though shee earnestly intreated them.

And in other the Parliaments freinds houses, under the colour of Parliamentary Authority, they at least doe rob all choice old books, as well as new, upon all occasions of such grievous oppressions, and unexpected persecutions.

And not only hath this base fellow Hunscott this so needfull and profitable Office of Robbing, but it is reported, that hee hath also another as needfull and profitable, for he gathereth the Excise for Cattell, and Hats, &c. which with the former, is esteemed to be worth 500 l. per aunum to him.

Oh! what a cleer demonstration of future and intended slavery may be well and cleerly perceived by any (who have but halfe an eye) to begin againe among us (though after more hidden and obscured wayes then formerly) when such sturdy Roagues, bold Robbers, shamelesse covetous, and impudent Tyrants as this, or his fellows, are authorized and sent from bigh Judicatories, upon such ungodly & barbarous designes, & inhumane enterprizes, & yet found good enough also to be imployed in the great Affaires of the Kingdom!

Is there never a conscientious nor honest man left unkilled, exiled or imprisoned, that hath the feare of God, & done good & faithfull service to the State, there would be some colour of excuse, that such abjects and off-scourings of mankind should be accepted, and well-deserving worthy men quite rejected? Well, these are brave times for the wicked, who are advanced by the ruine of the godly, the allowed thiefe permitted to rob and destroy the honest man, the rich to rob, plunder, and sequestrate the poore, untill they can get no more, but when they have gotten all, and done with all what they please, it rests only that the poore also, in their turne, render them the like measure, and finde out their Riches for the States service, which all this heavy time they have saved, whiles poore mens estates have been exceedingly destroyed.

But as the Water-men at Queen-hive doe usually cry, Westward hough, hough, so according to the present current of the times, most honest men have more then cause to cry in the Water-mens language, Ægypt hough, hough, the house of Bondage, slavery, oppression, taxation, heavy and cruell, heavy and cruell, wee can no longer beare it, we can no longer beare it, wee can no longer beare it, wee are as much provoked & forced to cast off all our yoakes and crosses from our shoulders (except only that of Persecution) as ever any people or Nation, though no People or Nation under heaven have been more free, beneficiall and helpfull to those whom wee intrusted to help and deliver us from oppression, which saith the Wise-man, is enough to make wise men mad.

According to the Parliaments Declaration, in their own words, expressed on the second page of this book, is it not justly said, that if the Generall of an Army should turn the mouthes of his Cannons against his owne Souldiers, would not that his attempt contrary to the nature of his trust and place committed unto him, ipso facto, estate the Army in a right of disobedience, (even by standing on their own defence, as the Parliament themselves doe (and we also in helping them, or else where had they been, against the fury of the King, which Salomon calleth, like the roaring of a Lion; except wee thinke that obedience binds men to cut their owne throates, or at least their companions, so (as they truly teach us) it is the equitie and not the Letter of the Law, unto which wee must have recourse in our greatest necessity, as the Parliament themselves were forced to doe, and still doth in this their owne extremity.

But some will say, that our bondage is not yet so bad as that of Ægypt was, for all the Jewes were in great bondage under the Egyptians, and yet many of ours are exempted; unto that I yeeld, and doe confesse, that few of our great and mighty men doe either work the clay, or make the bricks; but they lay either all, or most part of the burthen on the poor by heavy labour, and sweat of their browes in the heat of the day, not only in working the clay, and making of the bricks, but if they doe complaine to Higher Powers, upon their cruell and Tyrannous Task-masters, they are so farre from getting any kind of Justice, that because they moaned and complained, and groaned under such heavy and grievous burdens that they were not able any longer to beare or indure, they are further ordained (even for their complaining) to gather stubble too, because they are so idle.

Innumerable instances there are throughout these three mourning and bleeding Kingdomes, to prove all these businesses, but I will onely chuse a Citie instance, and let every man who is in his profession after that manner grieved and wronged, turne the simile home to himself, according to his smart; Though the poore Hatmakers, who earne their living with heavy and hot labour, both early and late, doe pay Excise both for all the materialls, and fire which they use, for the bread they eate, for the liquor they drinke, and clothes they weare, yet when they have made their Hatts, and done all they can with great trouble and toyle, day and night, they are forced to pay Excise over againe out of their very labour, notwithstanding it was both so deare and heavy in buying all the necessaries before.

O cruell, pitifull, lamentable and intollerable Bondage, no longer to be indured, suffered, nor undergone, the burdens being far heavier then the poore labourers can beare; and yet the Spirituall Task-masters doe gape, and roar like Lions for their prey of Tythes, also over, above, and besides all, without any kinde of pitie, compasion or commiseration, in these grievous daies of affliction.

When this Kingdom was in any way or possibility of subsistance, the anntient custome was, that Taxations should be raised by way of Subsidie, which is the most just, equitable, and reasonable way of all, for it sets every tub on its owne bottome, it layes the burthen upon the strong shoulders of the rich, who onely are able to beare it, but spareth and freeth the weake shoulders of the poore, because they are scarcely able to subsist, pay rent, and maintain their families.

But our new invented pay, layes the burden heavily upon the poore, and men of middle quality or condition, without all discretion, and scarcely maketh the rich touch it with one of their fingers: yea, many of them are more and more advanced in their prosperous estate, through the great ruines, distractions, and miseries of the Kingdome, by their great salleries they have for executing their places, as 500l. 1000l. 1200l. and more, per annum, besides all the bribes they get, and the false Accounts they make; So that in this life, the rich have their pleasures, but poore Lazrus paines.

Seeing the Parliament ordained, that none should be accepted to be a Parliament-man, that had been a Monopolizer to the Kings Counsell, and false Judges against the Liberties of the free-men of England, is it not as unjust to imploy any man in a place of Trust, Credit, or profit now in Parliament time, that have been known to be a Monopolizer in any place or Office to or for the Parliament, to the prejudice of the Free-men of England?

Further it was omitted in the former part of this book, where complaint is made both of injustice to well-doers, and no justice to evill doers, that (according to the Parliaments booke of Declarations, pag. 259. and 260.) Whosoever shall save or assist the King in these Warres, are Traytars by the fundamentall Lawes of this Kingdome, and have been so adjudged by two Acts of Parliament. 11. Richard 2. 1. Hen. 4.

And pag. 576. of the said book, It is declared by the Lords and Commons assembled in Parliament, that whereas the King, seduced by wicked Counsell, doth make warre against his Parliament and People, and for the promoting of that war, divers forces both of horse and foot have been, and are leavied and raised by severall persons, and his Majesties good Subjects are most crueliy robbed, spoiled and slaine.

To the end that no man may be misled through ignorance, the Lords and Commons in Parliament declare, that all such persons as shall upon any pretence whatsoever, assist his Majestie in this warre with Horse, Armes, Plate or money, are Traytors to his Majestie, the Parliament, and the Kingdome, and shall be brought to condigne punishment for so high an offence.

Yea, and according to the book of Articles for Warre, pag. [Editor: missing text] It is enacted to be death unto any whosoever, who holdeth Intelligence and correspondency with the enemy.

All which Sir John Lenthall, and the Speaker his Brother have done, and yet is must neither be proved against them, nor they tryed nor arraigned, but altogether excused, cleered, and freed, even by Vote of Parliament, and the accusers both prisoned and arraigned for them; yea, & a Committe chosen to devise and inflict punishments against the Accusers, so that still the just are condemned, and the wicked absolved.

Psal. 9. 18, 19. For the needy shall not alway be forgotten: the expectation of the poore shall not perish for ever: Arise, O Lord, let not man prevail, let the Heathen be judged in thy sight. And 12. 5. For the oppressions of the poor, for the sighing of the needy, now will I arise, saith the LORD, I will set him in sefety, from him that puffeth at him. And 35. 10. All my bones shall say, LORD, who is like unto thee! which delivereth the poore from him that is too strong for him; yea, the poore and the needy from him that spoileth him? And. 37. 14. The wicked have drawne out the sword, and have bent their bow, to cast downe the poor and needy, and to slay such as be of upright conversation.

And 62. 9, 10. Surely men of low degree are vanity, and men of high degree are a lie, to be laid in the ballance, they are altogether lighter then vanity. Trust not in oppression, become not vaine in robbery; if riches increase, set not your hearts upon them. And 74. 19. O deliver not the soul of thy Turtle Dove, unto the multitude of the wicked, forget not the Congregation of thy poore for ever. And 82. 3, 4, 5. Defend the poore and fatherlesse, doe justice to the afflicted and needy. Deliver the poore and needy, rid them out of the hand of the wicked, they know not, neither will they understand: they walk on in darknesse, all the foundations of the earth are out of course.

And 92. 6, 7. A bruitish man knoweth not, neither doth a fool understand this; When the wicked spring as the grasse, and when all the workers of iniquity doe flourish, it is, that they shall be distroyed for ever. And 118. 8, 9. It is better to trust in the Lord, then to put confidence in man. It is better to trust in the Lord, then to put confidence in Princes. And 146. 3. Put not your trust in Princes, nor in the sonne of man, in whom there is no helpe.

Isaiah. 10. 1, 2, 3, 4, 5, 6. Woe unto them that decree unrighteous decrees, and write grievous things, which they have prescribed. To turn aside the needy from judgement, and to take away the right from the poor of my people, that Widdows may be their prey, and that they may robbe the fatherlesse. And what will ye doe in the day of Visitation; and in the desolation which shall come from farre? to whom will ye seek for help? and where will ye leave your glory? Without me they shall bow down under the Prisoners, and they shall fall under the slaine, for al this his anger is not turned away, but his hand is stretched out still. O Assyrian, the rod of mine anger, and the staff in their hand is mine indignation. I will send him against an hypocriticall Nation; and against the people of my wrath, I will give him a charge to take the spoile, and to take the prey, and to tread them downe like the myre in the streets.

FINIS.

The chiefe faults escaped in the printing, either through the Authours absence, or the Correctours negligence.

In page 4. l. 22. read the last but one of. p. 5. l. 2. read and that. & l. 7. read for the same. p. 7. l. 37. r. and justly for hence justly. and read may condemne for may not condemne. p. 9. l. 20. r. of which you may. and l. 32. r. are rulpable. p. 10. l. 19. r. publick for bublick p. 15. l. 18. r. that call evill good, and good evill. and adde to the next line, Joh 14. 4. Who can bring a clean thing out of an uncleane? not one. read 25. 4. and Psalm. 51. 5. p. 16. l. 16. r. to prison without cause shewed. and l. 18. r. to force him to commit a crime. & l. 26. r. and then make for and then to make p. 17. l. 14. r. strengthned for streightned, l. p. 37. l. 18. r. suites for suite, p. 39. l. 1. r. according to those, for, according those. p. 40. l. 23. r. consuler, for cnsider. p. 43. l. 16. r. If there were, for, Is there.

THE POSTSCRIPT, Containing divers sentences belonging to severall passages of this Book, which were in their due places omitted, and here at last remembred.

ADde to page 16. l. 29. So that first, he was committed by Order and Vote of Parliament, without cause shewed, and then secondly, for refusing to answer upon Interrogatories to their Committee of Examinations; which is contrary, 1. To the Great Charter of England. 2. To the very words of the Petition of Right. 3. To the act made this present Parliament, for abolishing the Star-chamber, 4. To the silemne Oath and Protestation of this Kingdome. 5. To the great Covenant and Solemne Vow, made upon paine of eternall damnation; for uniting the two Kingdomes together. 6. And must principally of all, contrary to the infallible Rules of Gods own must sacred Word, which forbids that any man should answer upon questions to accuse, condemne, and consequently to kill and destroy himself, or that any man should be condemned before he be heard. And 7. Contrary to all justice, equity, conscience, sense, reason, the very practise of the Romish Heathens, love, duty, brotherly affection, Christianity, Reformation, Comiseration, or Compassion. 2. 8. Contrary to the Kingdoms great trust, committed by their grand Commission to the Parliament, for defending and improving, and no wise for destroying nor disannulling their Liberties, and so alwayes for the Weale, but never for the woe of the Free-men of England, otherwise they are not only to be bidden take heed to their injustice, but to be called to an account, and censured accordingly.

That in regard the Kingdome is in so pittifull and great distresse, and that the most and best things that ever, this Parliament did, were first motioned by private men, and then authorised and established by them: it would be excellent and needfull, if they would ordaine, that every freeman of England, who is able, would bestow his service one yeere at least, freely for the good of the Civill State, in any Place or Office of Trust, whereof his skill and breeding doe fit him ; to be most capable, according as they shall be chosen, and those who are not able to serve freely for a, yeere, and to have competent maintenance allowed unto them, to the value of 50. or 60l. a yeere, according to their charge; if such be chosen for their skill and diligence, though they want outward means: for which allowance, those that are conscienscious, will doe as good service, at least, as some others, who have 1000. or 2000. a yeere.

The like rule is no lesse, but rather farre more excellent and needfull, to be observed and established in matters concerning the Church-state wherein her servants are to performe their duties freely, they being able to maintain themselves, and those with them, whether by means obtained formerly, or industry used daily; otherwise, to have the like allowance of 50. or 60l. a yeere, according to their charge.

And that the remainder of all Church-living, obtained by the subtilty of Antichrist, be now wholly imployed to the supply of the Kingdomes manifold present necessities, and after the Warres are ended, to the payment of the Kingdoms great debts, contracted upon the publick faith.

But if in case, that the Clergy or any of them shall not be content with the aforesaid allowance, which is sufficient for as honest men, that then it might be free for those whom God shall be pleased to fit with sufficient abilities to supply their places freely: to the intent, it may not be said of them, as of the Scribes and Pharisees, that they shut up the Kingdome of heaven, and will neither enter in themselves, nor yet suffer those that would. Matth. 23. 13. Luk. 14. 52.

In the Appendix of one of Mr. Prinnes bokes, authorized by the Parliament, called The Soveraign power of Parliaments and Kingdoms, beginning at pag. 1. It is manifested by sundry Histories & Authours, that in the ancient Roman Kingdome and Empire, in the Greek and German Empires, derived out of it, in the old Grecian, Indian, Egyptian Realmes, in the Kingdome of France, Spaine, Italy, Hungaria, Bohemia, Denmark, Poland, Swethland, Scotland, yea of Judah, Israel, and others mentioned in the Scripture, the supreame Soveraignity and Power, resided not in the Emperours and Kings themselves, but in their Kingdomes, Senates, Parliaments, People, who had not onely power to restrain, but censure and remove their Emperours & Princes, for their tyranny and mis-government; Where also there is an answer to the principall Arguments to prove Kings above whole Kingdomes and Parliaments, and not questionable nor accountable to them, nor censurable by them for any exorbitant actions.

The 4. page, 6. 7. 10. 11. 13. 17. 101. 112. 123. 125. 150. 151. 153. 154. 159. are most excellent for deciding those differences, which I referre to the juditious and courteous Reader to peruse at his leisure.

FINIS.
Printed
Octob. 1645
.

T.50 (2.11) [William Walwyn], Englands Lamentable Slaverie (11 October, 1645).

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Bibliographical Information

ID Number

T.50 [1645.10.11] (2.11) [William Walwyn], Englands Lamentable Slaverie Proceeding from the Arbitrarie will, severitie, and Injustices of Kings, Negligence, corruption, and unfaithfulnesse of parliaments (11 October, 1645).

Full title

[William Walwyn], Englands Lamentable Slaverie Proceeding from the Arbitrarie will, severitie, and Injustices of Kings, Negligence, corruption, and unfaithfulnesse of parliaments, Covetousnesse, ambition, and variablenesse of priests, and simplicitie, carelessnesse, and cowardlinesse of People. Which slaverie, with the Remedie may be easily observed. By the scope of a modest & smooth letter, written by a true Lover of his Countrey and a faithful friend to that Worthy Instrument of Englands Freedome, Lieuten. Collonell Lilburn, now unjustly imprisoned in Newgate. Being committed first, by Order and Vote of parliament without cause Shewed, and then secondly for refusing to answer some Interrogatories to their Committee of Examinations, Contrarie to
1. The Great Charter of England.
2. The very words of the Petition of right.
3. The Act made this present parliament; for the abolishing the Star Chamber.
4. The Solemne Protestation of this Kingdom.
5. And to the great Vow and Covenant for uniting the two kingdomes together.

The pamphlet contains the following parts:

  1. Letter
  2. The Printer to the Reader
Estimated date of publication

11 October, 1645.

Thomason Tracts Catalog information

TT1, p. 400; Thomason E.304 (18).

Editor’s Introduction

(Placeholder: Text will be added 1645–10-Walwyn_LamentableSlaverie-Hallerfacs.pdf later.)

Text of Pamphlet

SIR,

Although there is some difference between you and mee in matters of Religion, yet, that hath no while abated in me, that great love and respect justly due unto you, for your constant zealous affection to the Common Wealth, and for your undaunted resolution in defence of the common freedome of the People.

The craft and delusion of those that would master and controle the People, hath not availed (by fomenting our differences in Religion, which is their common practice) to make me judge preposterously, either of your or any other mens sufferings.

We have a generall caution, that no man suffer as an evill doer; but if any suffer for well doing, who are they that would be thought Christians, and can exempt themselves from suffering with them? No certainly, it is neither pettie differences in opinions, nor personall frailties in sufferers, nor both, that can acquite or excuse us in the sight of God so we are not simplie to be spectators or beholders of them afar off (as too many doe) but if one suffer, all ought to suffer with that one, even by having a sympathie and fellow feeling of his miserie, and helping to beare his burden; so that he may be eased in the day of tentation; yea and the sentences both of absolution and condemnation shall be pronounced at the great day, according to the visiting or not visiting of Prisoners, and hearing of their mourning, sighs, and groanes.

This is my judgement, from whence hath issued this my practice, that when I heare of the sufferings of any man, I doe not enquire, what his judgement is in Religion, nor doe I give eare to any tales or reports of any mans personall imperfection (being privie to mine owne) but I presently labour to be rightly informed of the cause of his sufferings (alledged against him) whether that be evill or good, and of the proceedings thereupon, whether legall or illegall, just or unjust.

And this hath been my course and practice in things of that nature for almost a score of yeares, whoever have been the Judges, whether Parliament, King, Counsell-board, Starr-Chamber, High Commission, Kings-bench, or any Judicatory, yea what ever the accuser, or the accused, the judgement or punishment hath been; I have taken this my just and necessary liberty; for having read, observed, debated, and considered both ancient and latter times the variations and changes of Governments and Governors, and looking upon the present with an impartiall judgement, I still find a necessity of the same my accustomed watchfullnesse, it never being out of date; [the more my hearts griefe] for worthy and good men (nay the most publique spirited men) to suffer for well doing, unto whom only is promised the blessing and the heavenly Kingdome: Mat. 5. 10.

Your suffering at present, is become every good mans wonder, for they all universally conclude your faithfulnesse and zeale to the publique weale to be such, as no occasion or temptation could possibly corrupt, and the testimonies you have given thereof to be so great, as greater could not be.

They observe likewise, the large testimonie given of your deserts, by your honourable and worthy Friend in the Armie, Lieuten. Generall Cromwell.

And therefore, that you should now be kept in safe custodie, was very sad newes to all that love you; knowing how impossible it was, to make you flee or start aside; but when they heard that you were sent to that reproachfull prison of Newgate, they were confounded with griefe.

It should seeme, that you being questioned by the Committee of Examinations stood upon your old guard alledging it to be against your liberty, as you were a free borne Englishman, to answer to questions against your selfe, urging MAGNA CHARTA to justifie your so doing; And complaining that contrary to the said Charter, you had beene divers times imprisoned by them.

Now it is not much to be wondred at, that this your carriage should be very offensive unto them; for you were not the first by divers, (whom I could name) that have been examined upon questions, tending to their own accusation and imprisonment too, for refusing to answer, but you are the first indeed, that ever raised this new doctrine of MAGNA CHARTA, to prove the same unlawfull.

Likewise, You are the first, that compareth this dealing to the crueltie of the Starre Chamber, and that produced the Vote of this Parliament against those cruelties (so unjustly inflicted on your selfe by that tyrannous Court) And how could you Imagine this could be indured by a Committee of Parliament? No, most Parliament men are to learne what is the just power of a Parliament, what the Parliament may doe, and what the Parliament (it selfe) may not doe. It’s no marvell then that others are ignorant, very good men there be; who affirm, that a Parliament being once chosen, have power over all our lives estates and liberties, to dispose of them at their pleasure whether for our good or hurt, All’s one (say they) we have trusted them, and they are bound to no rules, nor bounded by any limits, but whatsoever they shall ordaine, binds all the people, it’s past all dispute, they are accountable unto none, they are above MAGNA CHARTA and all Lawes whatsoever, and there is no pleading of any thing against them.

Others there are (as good wise and juditious men) who affirme, that a Parliamentary authority is a power intrusted by the people (that chose them) for their good, safetie, and freedome; and therefore that a Parliament cannot justlie doe any thing to make the people lesse safe or lesse free then they found them: MAGNA CHARTA (you must observe) is but a part of the peoples rights and liberties, being no more but what with much striving and fighting, was by the blood of our Ancestors, wrestled out of the pawes of those Kings, who by force had conquered the Nation, changed the lawes and by strong hand held them in bondage.

For though MAGNA CHARTA be so little as lesse could not be granted with any pretence of freedome, yet as if our Kings had repented them of that little, they alwaies strove to make it lesse, wherein very many times they had the unnaturall assistance of Parliaments to helpe them: For Sir, if we should read over all the hudge volume of our Statutes, we might easily observe how miserablie Parliaments assembled, have spent most of their times, and wee shall not find one Statute made to the enlargement of that streight bounds, deceitfully and improperlie called MAGNA CHARTA, (indeed so called to blind the people) but if you shall observe and marke with your pen, every particular Statute made to the abridgement of MAGNA CHARTA, you would make a very blotted booke, if you left any part unblotted.

Sometimes you shall find them very seriously imployed, about letting loose the Kings prerogatives, then denominating what should be Treason against him (though to their owne vexation and continuall danger of their lives) sometimes enlarging the power of the Church, and then againe abridging the same, sometimes devising punishments for Heresie, and as zealous in the old grossest superstitions, as in the more refined and new, but ever to the vexation of the people.

See how busie they have been about the regulating of petty inferiour trades and exercises, about the ordering of hunting, who should keep Deere and who should not, who should keep a Greayhound, and who a Pigeon-house, what punishment for Deere stealing, what for every Pidgeon killed, contrary to law, who should weare cloth of such a price, who Velvet, Gold, and Silver, what wages poore Labourers should have, and the like precious and rare businesse, being most of them put on of purpose to divert them from the very thoughts of freedome, suitable to the representative body of so great a people.

And when by any accident or intollerable oppression they were roosed out of those waking dreames, then whats the greatest thing they ayme at? Hough with one consent, cry out for MAGNA CARTA, (like great is Diana of the Ephesians) calling that messe of pottage their birthright, the great inheritance of the people, the great Charter of England.

And truly, when so choice a people, (as one would thinke Parliaments could not faile to be) shall insist upon such inferiour things, neglecting greater matters, and be so unskilfull in the nature of common and just freedom, as to call bondage libertie, and the grants of Conquerours their Birth-rights, no marvaile such a people make so little use of the greatest advantages; and when they might have made a newer and better Charter, have falne to patching the old.

Nor are you to blame others for extolling it, that are tainted therewith your selfe, (saving only that its the best we have) Magna Charta hath been more precious in your esteeme then it deserveth; for it may be made good to the people, and yet in many particulars, they may remaine under intolerable oppressions, as I could easily instance: And if there be any necessity on your behalfe, it shall not faile (with Gods grace) to be effected, let who so will be offended, but if there be not a necessity, I conceive it better (for this present age) to be concealed, then any wise divulged.

But in this point you are very cleare, that the parliament ought to preserve you in the Freedomes and liberties contained in Magna Charta at the least, and they are not to permit any authority or Jurisdiction whatsoever to abridge you or any man thereof, much lesse may they be the doers thereof themselves: Something may be done through misinformation, but believe it, upon consideration, they are to make amends. Humanum est errare.

But as Abraham reasoning with God, was bold to say to that Almighty power, Shall not the Judge of all the earth doe right? Much more may I in this your case be bold to say, shall not the Supreame Judicatory of the Common Wealth doe right? God forbid.

That libertie and priviledge which you claime is, as due unto you, as the ayre you breath in; for a man to be examined in crimminall cases against himselfe and to be urged to accuse himselfe is as unnaturall and unreasonable, as to urge a man to kill himselfe, for though it be not so high a degree of wickednesse, yet it is as really wicked.

And for any man to be imprisoned without cause declared, and witnessed (by more then one appearing face to face) is not only unjust, because expreslie against Magna Charta (both of Heaven and Earth) but also against all reason, sense, and the common Law of equitie and justice.

Now in such cases as these, no authoritie in the world can over-rule with out palpable sinne; It is not in these cases as it is in other things contained in Magna Charta, such as are the freedomes of the Church therein mentioned for some doe argue that their power must be above Magna Charta, or otherwise they would not justlie alter the Government of the Church, by ArchBishops and Bishops, who have their foundation in Magna Charta.

But such are to consider, that the Government of the Church is a thing disputable, and uncertaine, and was alwaies burthensome to the people: now unto things in themselves disputable and uncertaine, as there is no reason why any man should be bound expresly to any one forme, further then his Judgement and conscience doe agree thereunto, even so ought the whole Nation to be free therein, even to alter and change the publique forme, as may best stand with the safety and freedome of the people. For the Parliament is ever at libertie to make the People more free from burthens and oppressions of any nature, but in things appertaining to the universall Rules of common equitie and justice, all men and all Authority in the world are bound.

This Parliament was preserved and established, by the love and affections of the people because they found themselves in great bondage and thraldome both spirituall and temporall; out of both which, the Parliament proposed to deliver them in all their endeavours, at least Declarations, wherein never was more assistance given by a people.

And for the first, it was a great thing, the exterpation of Episcopacie, but that meerly is not the main matter the people expected which indeed is, that none be compelled against Conscience in the worship of God, nor any molested for Conscience sake, the oppression for Conscience, having been the greatest oppression that ever lay upon religious people, and therefore except that be removed, the people have some case by removall of the Bishops, but rather will be in greater bondage, if more and worse spirituall taskmasters be set over us.

These were no small matters also, their abolishing the High-Commission, and Starre Chamber for oppressing the people, by imposing the Oath Ex Officio, and by imprisoning of men, contrary to law, equitie, and justice. But if the people be not totally freed from oppression of the same nature, they have a very small benefit of the taking downe of those oppressing Courts. Seeming goodnesse is more dangerous then open wickednesse. Kind deeds are easily discerned from faire and pleasing words. All the Art and Sophisterie in the world, will not availe to perswade you, that you are not in Newgate, much lesse that you are at libertie.

And what became of that common and threed-bare doctrine, that Kings were accountable only to God, what good effects did it produce? No, they are but corrupt and dangerous flatterers, that maintaine any such fond opinions concerning either Kings or Parliaments.

What prejudice is it to any in any authority, meaning well, to be accountable, for indeed and truth all are accountable, and it is but vaine, (if not prejudiciall) for any to thinke otherwise. Doth any man entrust, and not looke for justice and good dealing from him he trusts.

And if he find him through weakenesse or wickednesse doing the contrary, will he forbeare to set him right (if he can.) Can he sit downe silently with injurie or prejudice? I could judge those people very neare to bondage, (if not to ruine) that could be brought to beleeve it, there be many instances both Forraigne and Domestick, which yet I forbeare to expresse.

The greatest safety will be found in open and universall justice, who relyeth on any other, will be deceived. Remember therefore (saith God) whence thou art falne and repent, and doe the first workes, or else I will come quickly, and will remove thy Candle sticke out of his place. March not so swiftly ye mighty ones, one single honest hearted man alone oftimes by unpleasing importunity, not only stayes, but saves a whole Army from inevitable danger; for better is wisdome then weapons of warre Ecclesiastes 9.18. Timely mementoes and cautions to advised and modest men (howsoever uttered) are never without good effect. If godly David made some good use even of rash Simeis railing, then what happie use may the godly minded make of any faithfull mans words, which tend altogether, to justice, equitie, and reason?

Nor can I imagine any evill is now intended towards you for your faithfull and plaine dealings, except by some few, and those instigated by one onely, who (by his great successe, in getting out Mr. Henry Martine, that just and zealous Patriot of his Countrey, and some other prevalencies) hath swolne so big with confidence, of greater matters, that he thinkes Lilburns blood the next meat Sacrifice for Oxford, so that what the King could not doe to him (as one of the Parliaments best friends) when he was close Prisoner there, the Parliament themselves must endeavour to doe to him in his unjust prisonment here.

The Poyson of Asps is under that wicked mans tongue, with which he laboureth alwaies to poyson Scripture, (mixing it figuratively) in his discourse to corrupt, sinister, and unworthy ends, whose malice and hypocrisie (doubtlesse) will ere long discover him to all men.

And (I doubt not) but that same God that took a happie course with Haman, and delivered Mordicai and all his people, will in your greatest necessity and his fittest opportunity, fight against all your enemies, and deliver both you and all yours out of all your afflictions, at least so to mitigate and sweeten them (by supporting you under them, or rather bearing of them with you,) that this shall prove to be exceeding joyes and consolations, to you and all that love you.

The honest and plaine men of England in dispite of that mans mallice shall be your Judges, and will spread forth in order (like King Ezekias letter) both before God and their owne consciences, what a world of injuries and miseries you (betweene 20. and 30. yeares of age scarcely to be paraleld any where in this age) have with great fidelity, magnanimitie, and constancie undergone, in the discharge of your conscience, and defence of the liberties of your native Countrey, and will not suffer a haire of your head to be touched, nor any reproach to be stucke upon your good name, but you shall live and be an honour to your Nation in the hearts of all honest and well affected men, which shall ever be the hearty desire of me.

Your faithfull Friend.
The Printer to the Reader

There is here a copie of an excellent letter, which comming to my hands, by the carefull meanes of a worthy friend, who is a Wel-willer both to his Countreys priviledges, and to those few who either stand for them, or for the truth, have thought it my dutie not to smother nor obscure such a needfull Epistle but rather (as times are) to manifest it to the world, according as it came entituled to me, namely, A Private letter of publique use: Whereby it may appeare now in these dangerous dayes, both how the States and Clergie of this Kingdome have pittifully abused the people, even our antient predicessors for many ages, both in Church and Common wealth.

First, In bringing them with a high hand, under heavy thraldome and great bondage, and then keeping them in lamentable slaverie for many hundreds of yeares, as still their Successors the States men and Clergie of our dayes, doe with all their policie and machinations; and what designes they cannot thereby bring to passe, they endeavour by all possible meanes (whether directly or indirectly) even by open violence, without shewing any just cause, and yet all under the colour of lawes, when in the meane time they were called together, sworne, intrusted and commanded, both to rectifie whatever wicked decrees, Popish Cannons, Arbitrary, corrupt, or defective Lawes, their predicessors in the dayes of grosse ignorance and palpable darknesse, did establish.

Howsoever, the body of the Letter doth not specific in plaine tearmes, what the title painteth out in lively colours, yet thou being judicious and industrious, may easily enough perceive the same by the full scope, true intent and meaning thereof, intimated to thy understanding, under the Authors modest and loving expressions, to this worthy instrument of Englands delivery, Lieuten. Collonell Lilburn, that he may see more cleerly, then (it may be) he did formerly, both how far short even those which we call our best lawes, commeth of the marke of perfection, justice, integrity, and reason, that the worthyes of Parliament, according to their duty unto the people, and the peoples due at their hands, may not only reforme what is amisse (and that now whiles they professe reformation) but likewise carrie that dutyfull respect unto him, as one of their most trusty servants, and that according to the degree, nature, and eminencie of all his faithfull services, and cruell sufferings, and that such others, (though these be few) may be rather encouraged to persist, then any wise being so rewarded, to desist. Fare you well.

Courteous Reader, I desire thee to read a late Printed Booke intituled Englands birthright justified, against Arbitrarie usurpation, whether Regall or Parliamentary, or under what Vizar soever.

FINIS
Printed
October, 1645
.

T.51 (8.25) Katherine Chidley, Good Council to the Petitioners for Presbyterian Government (1 November, 1645).

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T.51 [1645.11.01] (8.25) Katherine Chidley, Good Council to the Petitioners for Presbyterian Government (1 November, 1645).

Full title

Katherine Chidley, Good Counsell, to the Petitioners for Presbyterian Government, That they may declare their Faith before they build their Church.

Estimated date of publication

1 November, 1645.

Thomason Tracts Catalog information

TT1, p. 405; Thomason 669. f. 10. (39.)

Editor’s Introduction

(Placeholder: Text will be added later.)

Text of Pamphlet

Good Counsell, to the Petitioners for Presbyterian Government, That they may declare their Faith before they build their Church.

THe Saints of God being separated from Idolatry, and joyned together in the fellowship of the Gospel, have ever enjoyed commission from Christ to practise all the parts of Gods true Religion, and also to keep the Ordinances of God from contempt or profanation amongst themselves. And this power they have from God though with persecution, now, in this time of Parliament. Persecution, I say, not from the Parliament, (further then they neglect to preserve their peace according to the Law of God) but persecution, as it arose from the Pope, and Bishops in former time primarily; so would it do now from their sons, who call themselves Divines, yea, even in the height of it, if they might have their wils, as appeareth by their late Petition, for which there was a publick calling out for hands.

Well was it with the Kings of Israel when they took the counsell of Gods true Prophets though few in number, but such a Clergy which is naturally addicted to persecution cannot be a blessing to any Parliament or Nation, as appeareth by the Scripture. And therefore my desire is, that the Parliament may submit to God for direction and counsell, even to beware of men, especially of false Prophets, or any evill workers what ever they be; And that all persons fearing God, in the City of London, or elsewhere, may blesse God, for fulfilling his promises unto them, that their eyes enjoy their Teachers, though in an upper roome, as Christ and his Apostles met. But for the City of Londons Ministery (which is so much commended in the Petition) I think their readinesse is, as the rest of that generation in the countreys of the Land: even to find out where their maintenance lieth; And so far are they from keeping Gods Ordinances from pollution and contempt, that [to enjoy their pay] they will walk contrary to a known rule, and expresse command; Cast not holy things unto dogs: yet these men (I say) rather then they will want their patrimony, they will constrain all men to partake of the Ordinances of God.

They bewail that the children should come so neer to the birth, and that there is no strength to bring forth: But I think the children are sufficiently brought forth unto them. If their means be established upon them, by the Parliament (as I am informed it is for a certain time:) for I know no other Children they mean, but two: viz: MAINTENANCE and POWER: The one they have as Saul had the fat cattell, contrary to Gods commandment: The other they shall never have: for God will fight against such as fight for them, as it appears at this day: for they by usurped power ever shed the blood of the Saints, and Martyrs of Jesus, and now God is making inquisition for the blood which hath been spilt, and the more fiercely they go on to build up a Babel with blood; the more speedily will God come down to see their wickednes and to confound them.

And though they say it is in fervour of spirit, for the house of their God, and although the Parliament may bear with them, at their entreaty, yet God will (in his own time) deal with sinners.

They further complain, that there are damnable errors broached amongst them, (that is to say, amongst the Presbyterians;) for amongst the people of God none can so soon deliver any point of false doctrine but he shall be severely dealt with according to the rule of Christ;) but the Presbyters practise is to preach what they list without controll, therefore errors may be broached by them privilegio.

But they say, divers are fallen off within these few yeers. But me thinks they do not speak pertinently, for men cannot be said to fall off which were never on, or from a government that was never setled, and they themselves say, their Government is not yet established.

And these that fly out from amongst them, separating themselves from them, and incorporate themselves into separated Assemblies, are not (as they say they be) such as hold damnable heresies, but such abide still amongst the Presbyterians themselves; and therefore the Lords people are constrained (by the power of the Word of truth) to separate themselves from such persons, that are (retained in the Church of England) godlesse in their lives, and blasphemous in their judgements, yet such persons notstithstanding are (in matters of worship) one with the whole body of the Land; and these be the vessels that the houses of their Gods are yet filled with all. But it is not so with those that separate themselves from them: for they admit not in their societies any that hold blasphemous errors, neither do they set up illeterate persons among them for their Pastors, as the Presbyterians unjustly accuse them. True it is, they manage their meetings with boldnesse, because they have some ground to beleeve that the Parliament will not suffer them to be wronged, for performing the true worship, to the true God, in a peaceable manner, under their protection (as also correction in case they should walk as the Presbyterians in their Petition have falsly accused them, saying they manage their meetings with insolencie, which is an unjust accusation; And in contempt of all Authority, which is also untrue: To the disturbance of the City: which is another falshood: Every one doing that which is right in his own eyes: which is an unjust affirmation as the rest) for they order their walkings according to the rule of Gods Word: But these Petitioners accuse not onely the people, but also the Parliament, for they say every one doth that which is right in his own eyes, and there is no controll or course to reclaim them: whereby it is evident, they render the Parliament very infirm, or carelesse. And the people of God plead not any such priviledge to be without controll: but alwayes submitted themselves in duty to the Magistrates power, which is set up by God, as well for the punishment of evill doers, as for the praise of those that do well. Therefore all these Petitioners inferences against the people of God be slanders. And the Religion of God doth not breed division, either in Kingdom, City, or family in any civill respect: for Religion teacheth men submission to their duty. (But this hath been a false accusation of Mr. T. E. long ago, which hath been disproved at large.) Religion (I say) breeds no difference then what was from the beginning, the wicked envying the godly, that their sacrifices are accepted, and theirs rejected, and thats the emnity which Christ hath put between the two seeds, and it shall be as Christ saith, five in a house, two against three, and three against two. But the cause is envy, and not Religion. And whereas these Presbyterians affirm in their Petition that the Separates set up illeterate men to be their Pastors, let that come to the triall, for we desire not to be led by blind guides; Therefore I could wish it might please the Parliament to examine the gifts of such whom these call illiterate (that so it may appear how reasonable we are) either by disputation between the Presbyters and them: or by proving them, to give the sence of any Scripture which they shall appoint; and by this it shall appear whether these Presbyterians are true men: for there is never a Minister of the Separation that feareth to set his foot against any Presbyter whatsoever he be, to dispute the case concerning the matter, ministery, worship, or government of the Church, or any principle of Faith which it shall please the Parliament to call upon them for the managing of, that so it may appear unto all men who are best informed in the mind and will of God, and by this it will also appear who are the Orthodoxall Preachers, and who are the Preachers of new Gospels, and consequently who be the setters of division; and who they be upon whom their scandalous conclusions fall.

And as for Tolerations of all Religions I cannot conceive to be proper; for there is but one true Religion, and that is it which hath Gods Word for their rule.

And for breaking Sabbaths, we know the Christian Sabbath now under the Gospel is the first day of the week (commonly called Sonday) or the Lords day, which we judge our selves bound in conscience to set apart for the worship and service of God by the Rules of Scripture both Law and Gospel; and are also free to submit to the Magistrates command to humble our selves before God in case of eminent danger, and to give him publick thanks for all eminent deliverances, the Magistrates command being grounded upon the Word of God.

Therefore the Presbyterians slandring the people of God, will make their reformation the more difficult; for no man ever set himself up honestly, by accusing of others falsly.

And as touching our Brethren the Scots, we honour them for their parts, and shall remain thankfull unto God for them, or for any help we have received from them; yet we can never submit our consciences to be captivated, or made subject to mens wils: for God onely hath power in that case. Yet I speak freely (for my part) I shall not be offended at whatever lawfull Government the Parliament in their wisdom shall set up in the Nation for the preaching of the Gospel, to bring those thousands, and millions of people, (who yet lie in ignorance) to the knowledge of God, and obedience of the faith, that so they may become fit matter, even living stones to be built to God a spirituall house: for there can be no true reformation in a State of generall Apostasie, but by separating the precious from the vile; and not to impose the worship of God on a people that are not capable, for that will bring a curse rather then a blessing; Therefore the truly godly ought to arise and be doing, and God hath promised to be with them, and they are not to neglect to worship God for want of the command of Authority, as is the manner of many.

Moreover, these take notice that God hath rewarded the beginnings of the Parliaments Reformation; And truly all Christians ought to observe the same; for God useth to reward all those that do his will. And I hope God will still be mercifull to them if Justice be executed by them. And it is to be desired that the wicked may be brought to condigne punishment, and the innocent set free who have lain in prison a long time for worshipping the true God after the true manner, as Mr. Turner hath, who is therefore in prison at Westminster; and others who also suffer in the like case, such out-breakings of envy (I am sure) procure no mercy but judgement.

Now that the Parliament may hasten to set up Christs true discipline which he hath left to his Church; that is and ought to be the desire of all Christians. But that the modell (specified in the Petition) is it, stands the Presbyterians upon to prove. And therefore (in my judgement) it were better for them to make their confession of faith and catechise first, according to the rule of Gods Word, and then shape their Church according to that, rather then shape their Church according to the modell, and their faith according to their Church. Prepare thy work without, and make it fit for thy self in the field: and afterwards build thine house. Prov. 24. 27.

K. C.


T.52 (2.12) [Richard Overton], The Ordinance for Tythes Dismounted (29 December 1645).

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T.52 [1645.12.29] (2.12) [Richard Overton], The Ordinance for Tythes Dismounted, from all Mosaicall, Evangelicall, and true Magesteriall Right (29 December 1645).

Full title

[Richard Overton], The Ordinance for Tythes Dismounted, from all Mosaicall, Evangelicall, and true Magesteriall Right. By this Valliant and most Victorious Champion, the great Anti-Clergy of our Times, via Superlative Holyness, Reverend Young Martin Mar-Priest, sonne to Old Martin the Metropolitane. Commended and Presented to the Petitioners of Hertford-shire, for their further encouragement, and for Provocation of other Counties to become Petitionary with them against the unhallowed illegall Exaction of Tythes.

They are greedy Dogges, which never can have enough, they all look to their own wayes, every one for his gaine. Isai. 56.11.
They eat the fat, they cloath themselves with the Wooll, they kill them that are fed. Ezek. 34.2.
They bite with their teeth, and cry peace: and hee that putteth not into their mouth, they even prepare warre against him. Mic. 3.5.

Europe, Printed by Martin Claw-Clergy, Printer to the Reverend Assembly of Divines, for Bartholomew Bang-Priest, and are to be sold at his shop in Toleration-street, at the signe of the Subjects Liberty, right opposite to Persecution-Court, 1646.

The pamphlet contains the following parts:

  1. Reverend Young MARTIN MAR-PRIEST, To the Reader
  2. The Ordinance for Tythes Dismounted
Estimated date of publication

29 December 1645

Thomason Tracts Catalog information

TT1, p. 411; Thomason E.313 (27).

Editor’s Introduction

(Placeholder: Text will be added later.)

Text of Pamphlet

To the Reader

To the Reverend Assembly of DIVINES, Assembled in Holy Convocation at Westminster; Blessing and Benediction from our Superlative Holiness, Reverend Young MARTIN MAR-PRIEST.

Dearly beloved Brethren,

Hearken with fear and reverence, unto the Words of His Holiness, Reverend Young Martin Mar-Priest, as you shall find them written in the fourth Book of his venerable Sanctity, The Ordinance for Tythes dismounted. But Beloved, the Glasse hasteneth, and it is not seasonable now this Good Time to detaine you too long, for I know, though out of your Reformed Piety, you dislike the Papall Sanctity thereof, yet out of the Presbyterian accuteness of your Stomakes, you would willingly consecrate your Reverend Intrailes with the delicate, belly-timber solemnities thereof; for I know, Plum-Pottage Minc’d Pyes and other such toothsome toyes have ever been very naturall & pleasing to the men of our Cloth: Wherefore, Dearly Beloved, least I should transgresse too much upon the fervent Zeal of our Appitites, I shall leave the division of the matter to your selves, as able proficients therein, after a most Scholastick method; onely I shall Devote those my Pious Observations upon the Divinity, of your Title of the Exaction of Tythes, unto your most Sacred Protection and Perusall, as a Christmas Charoll, or pastime for those Holy-dayes, for your better concoction, not doubting, but even your selves will also shortly be throughly digested, and be cast out as the Excrements of the Land, if you doe not put a swift period to your Tythe plundering Divinity. And to that end I have in some measure discouered the iniquity and vanity of your pretended Jure Divino to the Exaction of Tythes; dispers’d and clear’d up your mysty fogges, wherewith you have besotted, corrupted and infattuated the peoples understandings into a blind zeal thereof, whereby (if they please) they may now see, that the priviledge and property thereof is their owne, both by Divine and Humane Right : and I have therefore the more endeavoured it this time, that now through information thereof, the whole kingdom might become assistant to those famous Beginners of Episcopall extirpation, the ever to be Honoured Petitioners of Hertfordshire, who now have broke the tie of this grand Oppression, even pluck out the main Pillar of Popedome, Petitioning against the insufferable, unjust imposition of Tythes, that the rest of the Counties may follow them, as they did against the Bishops, and the Lord stir them up, and give them good successe, that our Children after us may reap the benefit of their happy beginnings.

Thus (grave and Reverend ASSEMBLY,) in testimony that our Holynesse is abundantly inspir’d for, Presbyter, with all your Predicatory Fragments, I shall not further detaine your Sanctities from the zeal of the season, but end our Dedicatory Sermon, and commit my Reverend Auditors to the peace of God, which passeth all mens understandings, and rest, yours no longer, because you are so ungratefull, not to grattify my former demerits with a Bouncing Parsonage. Our Holynesse is thereat incens’d, and proclaimes open Warre against you and your Sonne Jack (Arme, Arme, Arme, yee Tyth mongers, or else your Cloth’s undone) MARTIN is resolv’d to enter your Main Fort, to try your Great Hallowed Ordinance, though in the Firing, it singe his Feathers, burne his Wings, and blow his soul unto Tyburne. I’le doe’t, though I perish. And let this Subscription be your Allarme.

Reverend Young MARTIN MAR-PRIEST, that scornes your mercey, and bids defynace to your malice. Tan, tara, ra-ra, tan tara.

THE ORDINANCE FOR TYTHES DISMOUNTED,

From all Mosaicall, Evangelicall, and true Magisteriall Right.

OR,

The Clergy utterly untitled of their JURE DIVINO, for their Exaction of TYTHES.

The Introduction.

WHEREAS under the late Regall and Episcopall exorbitancy, the Exaction of Tythes hath for a long time been coersively imposed upon the People of this Kingdome, for the advance and magnificence of one sort thereof, entitled the Clergy, who (out of their divine Providence) have very prudently ever pretended and pleadeded their Title thereto, to be, JURE DIVINO, whereby both Magestrate and People have ever been perswaded, as their duties, the one to command, the other to obey the exaction thereof, thorough the mysterious subtilty & specious pretences of that Chemarin Sect, that Canniball litter of Tyth-mongring Negroes: And now that we might have a thorough Reformation (both in and person, I should say) in Church and State, under the Parliamentary and Presbyterian Authority, the same is very wisely and discreetly continued and reconfirmed: O Reader, here with Reverend MARTIN, stand amazed at their wit! down upon thy knees, up with thy hands, and gloor (Presbyter-like,) with thine eyes, admiring and adoring this happy Reformation, and sing Hallalujah for ever, and for ever, that we are blest with such a Parliament, such a Synod, such a Presbytery, such a bomination bundance of Ordinances; Ordinances upon Ordinances, even whole Cart-loades of contradicting Ordinances, Beloved Brethren to establish such a croaking gender of frisking froggy Presbyters, bred in, and skipt from the myery Bogges of Episcopacy, thus to inrich them with the Tenths of the Kingdome, by a more powerfull and obligatory Authority then before: Let all the land feare them let all the Inhabitants thereof stand in awe of them, for they but speake, and it is done, out of their primative Zeal, they doe but claime them of Divine Right, and the godly Parliament forthwith most prudently invest their Sanctities, (to confirme as infallible the Divinity of their Title) with a most juditious elaborate Act, the Hallowed Ordinance for Tythes, (O the purity of our Times!) dignity’d and enrich’d with power coercive to plunder the Goods, and imprison the Persons of such as shall refuse the paiment thereof; whereby the generallity of the people are awed, and dare not prye, or once glance into the Arke of their sacred Title, least they be smit with a Confiscation, &c. that the Divinity of their Title goes now as currant for Tith-mate amongst the vulgarity, as if it had the Gospel, Image and Superscription upon it, that now the silly soules, even in the middest of their millitary taxations, Issachur-like, humbly couch under the burthen of their Exaction, when as indeed, in equity they had more need to substract then to adde, to shake off, rather then to contract an unnecessary Burthen to their over-burthened shoulders. But the Presbyters doe not greatly care, considering the breadth of their backs.

Wherefore out of duty unto God, and love unto my Country in this time of publick necessity; I shall, as neere as I can, discover the vanity of their Title, that the oppressed may see it, and something ease themselves of their Burthen. But that I may the better evince it to every rationall and ordinary capacity, and stop the mouth of the most materiall opposition, I shall make triall of their divine Title in their most fundamentall pretences, which may naturally be digested into their deductions from three heads, to wit, Mosaicall, Evangelicall, and Humane; and so answerable reduce my matter into three Sections.

For on these 3 Pillars the Clergy would erect the cock-loft of their Jure Divino, even from thence hold and maintaine their Tenure of Divine Right unto the exaction of Tythes; but I shall Impartially examine the divinity of their Title deducted from these severall Heads, as being the most rationall and satisfactory way of tryall, to lay the Axe unto the root of the Tree, to unbottome their building, for if I pluck from them their main Pillars, their Cathedrall props, downe tumbles the great Goddesse, Jure Divino, Pulpits, Priests, Tythe-pigges, Pullen and all; and what a fray then there will be, judge yee. And first concerning the Authority of their Mosaicall Title.

SECTION I: Of the Clergies Mosaicall Title of Jure Divino unto the exaction of TYTHES.

That wee may the better make tryall hereof, it is to be considered, that the Clergy of this Kingdome doe Parochially Officiate therein as the Ministers of JESUS CHRIST (as they pretend themselves to be) and yet for their Ministry require the truth of all our Substance, by vertue of a Mosaicall Authority, the which how in equity they can doe, in case they should be such, they must evidence how Gospel Ordinances, such as are proper to the Church of Christ, are to be practised, and to receive their authority from a Mosaicall Institution? If they may not, that is, if nothing can give priviledge or right to an Evangelicall property, but an Evangelicall Authority; then why doe you for your Ministery of the Gospel (as you would make us beleeve it is) impose upon us the bondage of a Mosaicall Institution, to wit, the Exaction of Tythes, whose Authority, Institution and Beeing was from the Law of Moses, and therein for that service terminated for the Ministers of his House?

If they be to be practised from Mosaicall Institutions; then, Is not that to make the Gospel of none effect, of lesse authority then the Law, and so CHRIST inferiour to Moses, his Ordinances insufficient, and not binding, himself necessitated to be beholden to Moses for Authority to strengthen his Institutions, Ordnances, &c. and to make them obligatory, undervalue his Mediatorship, make himself insufficient for a Saviour? for should he not have Authority of himself for his own Institutions, Ordinances, &c, then would hee be farre lesse sufficient to be the Redeemer of the World; for the worke of Resurrection, Salvation, &c. is of greater Power, then to make a Law Obligatory, for if he be not able for the lesse, it is impossible hee should doe the greater: And so this is no other, then to denie his MEDIATOURSHIP, his Redemption, the Resurrection, &c.

Therefore to practise Evangelicall Ordinances, to build the House of Christ with the mouldred rubbidge and ruines of the Law, to invest Christs Ministers, with a bare Mosaicall Authority, to claime an Evangelicall Title from a Judaicall Institution, to take Tythes under the Gospel, by vertue of Moses his Commission, cannot possibly be without those horrible absurdities, destructive to all Religion and Morallity.

Wherefore (venerable Brethren,) you must, if you will have such a manner of Maintenance to be yours of Divine Right, prove your Authority from the Commission of Christ, have a Gospel Ordinance for it: but let me tell you by the way, when you have done that, to wit, proved the exaction of Tythes from the Gospel, for the Ministers of the Gospel, yet it remaineth for you, to prove your selves to be such Ministers, or else wee shall neither esteem you for the one, or give you the other, for if of Evangelicall Right they be due, and the men of your cloth the Persons to whom they are due, then from an Evangelicall Authority, you must prove both the one and the other, your selves the very men, and this that you require, to be the same that CHRIST allotteth his Servants, for their Ministeriall, Evangelicall Function: For if He be your WORK-MASTER, and you doe His WORKE, all Authority being His, and onely derivative from him, He must set the Wages, and the wages hee setteth, you must therewith only be contented: If you doe the WORKE, you must have the Wages of the WORKE, otherwise not: if his Wages doe not content you, then you are none of His Servants, for you are his servants whose wages you receive; and if you receive Moses his Wages, then you are Moses his servants, and so must doe his WORKE, as offer Sacrifice and the like, which were to repaire and rear up the Partition Wall againe, which CHRIST hath broake downe betwixt JEW and GENTILE, to denie him come in the flesh, &c.

Therefore (Reverend Brethren,) you must not thinke to doe CHRIST’S WORKE, and exact Moses his Wages; if out of your Piety you thinke good of the Worke; out of your honesty you must be content with the Wages belonging to the Worke.

And truly (Pious Sirs,) till such time as you give us an expresse Commandement out of the Gospel for this Legall, Levitticall exaction of Tythes, for your service, which you pretend is the Service of the Gospel, till then wee shall be bold to forbeare the paiment thereof; but no sooner shall you have proved your selves the Ministers of the Gospel, from a Gospel Authority, and Tythes the wages of the Gospel, from a Gospel Ordinance, and your service which you performe, to be the service for which such wages is allowed by the Gospel; I say, no sooner shall you make these 3. appeare, but I shall yeeld you your Right, grant your Title to be Jure Divino, and perswade all my Independant Brethren to doe the like to the men of your Order; Then will wee pay you your Arreares, fill your Barnes with Tyth-Cocks, both of Hay, and all manner of graine, enrich you with Heards of Tyth-Pigges, flocks of Lambes, of Chickens, Geese, &c.

Then will wee make a Presbyter as glorious, as Pontificall; yea, feed him as fat as a Bishop: Her’s newes for the men of your cloath; goe, proclame a yeere of Jubilee, get an Ordinance for it, or at least some directions from both Houses to keep their Worships in action; for you know their Historicall Directions are mystical Ordinances, witnesse their late Directions for their Congregationall, Classicall, Provinciall and Nationall High Commission-Courts, which at their comming out were under the notion of Directions, to feel the pulse and temper of the people, to try whether either they could beare them, or were afraid to reject them, and now finding them either grosly ignorant, carelesse, or else cowardly and degenerate, that they neither doe nor dare oppose them, though it be to enslave themselves and their Posterity in a worse then an Arbitrary, Regall, or Episcopall servitude, to wit, in endles suites and appeales from Court unto Court; hereunto they are concluded in that most Religious and spirituall Ordinance for the Supper, as absolute Ordinances, as unalterable as the Directory; for indeed, at the first onset, it was not policy, to rush such a diabollicall and villanous invention point blanck upon us, with an, It is Decreed and Ordained by the Lords and Commons Assembled in Parliament. But after a more mysterious manner of Ordination, they intrude it upon us unawares in the godly and specious vizor of Rules and Directions, as if our Religious Parliament-men had such a spirituall and holy care over us, to give us such wholsome and Pious Directions, while indeed under this innocent apparition, in the shape of Lambs, they are no other then ravening Wolves, rending and tearing us in pieces for did they not pretend the spirituall welfare of the Kingdom in those Directions, seem to give them, out of a godly care and pious Providence over us, for our more spirituall Peace and well-beeing, but what they are, let all the people judge, let them consider whether there can be the least dramme of honesty or Religion in them, or of respect to the Liberty of this free-borne Nation therein, seeing they lay upon us a hardier yoake then ever was laid upon us in the dayes of the Bishops. Now we shall be so intangled and enthrall’d to endlesse suites and Controversies from Court unto Court, that if wee once fall into the all-ravenous powers of those spirituall Courtiers, wee must scarce expect to finish a suit in 7. yeeres, and what cheating and cozening, what pilling and polling, raking and exacting of fees will there be amongst the severall Officers of those severall Courts, every ordinary capacity is able to judge of; it will be the greatest thraldome and bondage that ever the Kingdome was involved into, and by this Ordinance of the Supper, I am afraid we shall all goe Supportlesse to bed, for there are such baits and entanglements laid for the people, to catch and intrap them, as multitudes must needs daily fall into their hands, and when they are fallen into the ravenous jawes of this Hydra-headed High-Commission, they must needs be devoured, there is no way to helpe themselves; if they be offended, at the Congregationall High-Commission, they may appeale to the Classicall High-Commission, if they cannot be righted there, then to appeale to the Provinciall High-Commission, and from the Provinciall to the Nationall High-Commission, and from thence forsooth, if wee can finde no Justice in our tedious expensive traverse through these Spirituall HIGH-PLACES, after wee have trudg’d from High-Commission to High-Commission, removed our suits from Court unto Court, been at vast and unreasonable expenses in Fees from Officer to Officer, we may appeale (forsooth) to our GODS themselves, the PARLIAMENT (life-Ever-lasting, world without end, AMEN.) Of whom, how may wee expect Mercy or Justice then, that thus before-hand whip us with the stings of Scorpions, and grinde us betwen the devouring JAWES of such devilish Tyrannicall Courts, which will even crush our bones in pieces, and squeese out our very marrow and juice, suck out our very hearts-blood, like so many greedy salvage Canniballs, and devour our flesh, and swallow it down into the filthy consuming panches of the barbarous blood-thirsty Clergy: For what Ecclesiasticall Court ever was there in any Nation of the World, managed by the Clergy, which was not improved to wicked, bloody and Tyrannicall ends? Have they not proved (where ever they have been) the most insufferable burthen and Bondage the Common-wealth ever sustained, or groaned under the most destructive to the Peoples Liberty, Peace, and well-being? Consider but the Spannish Inquisition, and our late High-Commission, of what desperate and destructive consequence they have been to the Peoples weal, which after long processe of time proved so intollerable to the people, that they have, and daily spend their lives and fortunes to free them and their Posterities from such spirituall slavery, and usurpation of their Liberties, which they so long had sustained by such Ecclesiasticall Courts, which very Courts were Voted and put downe, as Tyrannicall, and destructive to a Commonwealth by this very Parliament, which thus would intrude upon us far more and worse then ever we had, or heard of before: It seems when our old Fathers the Bishops grew decreped and unable, strugling and gasping for life, their young, briske and spermatick Sonnes the Presbyters committed incest with their old Boldam Mother High-Commission, and after her long Synodean travell, by the skilfull subtill powerfull hand of a Parliamentary Midwife, is delivered of a litter of ugly Kubbs, every one more barbarous, cruell, bloody and Tyrannicall then their Mother. For the Kingdom must be divided into severall Provinces (not Diocesses forsooth, that’s an Episcopall terme,) and every Parish throughout all the Provinces in the whole Kingdom must have a bloody Inquisition Court founded in it, which High-Commission-like shall have power to give and examine upon Oath, and such and such Parishes in each Province shall make a Classis, so that in one Province shall be severall Classes, and every Classis shall be constituted and founded into another Inquisition, which shall have Power over so many particular Parishes of such a Province, and over that Classicall Inquisition, there must be a Provinciall Inquisition, and over the Provinciall there must be a Nationall Inquisition: Here’s like to be Inquisition after Inquisition, worse then the Spanish, after the blood of the people; wee thought our selves at the worst when we knew none but the High-Commission, but what shall we thinke now, that are like to be ten thousand times worse?

The Bishops Courts stript us of our clothes, but the Presbyters Courts will strip us of coates, skinnes, lives and all, for any thing that I can discerne, For how have these men, before they be invested with this Power, before these Courts be setled, both in their Writings and Preachings suggested, sollicited and moved the Parliament to cut off the contrary-minded to them; Byfeild in his Sermon, desired that their Houses might be pull’d downe, and Gibbets made of the Timber to hang them, and to that end all of them have endeavoured to get this bloody Power into their hands, to that end that they might persecute them from Court to Court, even unto death, for if they meant freindly towards them, they would never endeavour after such Courts of torture and torment, were it not to confound them with cruelty, they never intend to deale with them by love, but by Terror and Violence. But what kinds of successe this Kingdome and people may expect thereby, they may easily discerne, if they reflect but their eyes upon the woefull Issues of our former Ecclesiasticall Courts, and for better successe by them, I dare be bold to Prophesse they shall never obtaine.

1. But to returne from this too tedious digression, to our matter, or present Controversie in hand, be pleased (Venerable Brethren,) to consider, that if you will have Tythes still to remaine, and to be yours of Divine Right, from a Mosaicall Authority, then you must be the Persons to whom Tythes were commanded to be paid, for they were nor could be of Divine Right due to none other, then such to whom they were commanded to be paid, for it is the command of God that gives a Divine Right unto a thing commanded; But they were commanded to be paid to the Levites for their service; therefore if for your Ministeriall Function you will have the Levites wage, then you must every man of you prove your selves lineally descended from the loynes of Levi, and so none but such that are of that Tribe, to be Ministers of the Gospel, and Tythes to be paid to none other: Therefore till you shew us a perfect Geneallogie of your descent legitimately from the loynes of Levi, wee shall not give you the Wages of the sonnes of Levi: Goe search your Genealogies, turne over your numerous Volumes; you may finde it cock-sure amongst some of the Old Fathers, for they afford matter for all your necessities.

2. These Tenths were ordained to be of the encrease of the Eleven Tribes, from their severall portions in the Land of Canaan, and not in other nations or people. Therefore if you will have the Levites portion, you must goe to the Land of Canaan, and receive it of the Seven Tribes, or else you must prove England to be Canaan, your selves the Levites, and as the Eleven Tribes, which for University men such exact Logitians as your selves, is nothing to doe, goe sophisticate it into a Syllogisme, and you need not doubt of an Ergo, infallible as the Empyrick’s Probation est: in the meane time, wee’l lay up your Tythes for you, and gather them very safe into our Barnes.

Methinks (Right Venerable BRETHREN,) you have committed a great over-sight of late, to suffer your Journey-men The two Houses of PARLIAMENT, to put out such inconsiderate Directions for the Division of the Kingdome into Provinces, Classes, &c. and not to paralell them (considering it’s a time of setling this Levitticall Order) with the division of the Land of Canaan, had you but consulted with MARTIN, and made him your Directory Journey-man, he would have reduced the people into Twelve Tribes, divided the Kingdome into answerable Portions and your selves then might easily have proved your lineall legitimate descent from the Loynes of Levi, for it had been nothing then from thence to have drawne an Argument as good as an ORDINANCE of the Lords and Commons for the true payment of TYTHES, or the like; but to returne to our matter.

Beloved Brethren, I would have you consider, that the very Jewes themselves to this day have determined the equity of their Tythes to their owne Land, for their Doctors conclude, that regularly no Inhabitants but of the Land of Israel were to pay any, and even to this day by their Law, (being despersed, and sojourning in strange lands,) no Tythes of their encrease in such Lands, is either paid, demanded or held equall amongst themselves to be paid; yea, by their Law, they are to pay none. And those that live in the Land of Canaan now pay none for want of their Temple and PRIESTHOOD, for their second Temple no sooner was destroyed, but with it their Law of First-fruits, Therumah, and Tythes ceased, and those that live dispersed, pay none, both for want of their Temple, &c. as also for the restrainment thereof to the Land of Canaan; but you are neither Jewes, Levites, in the land of Canaan, have the Temple, Priesthood, or any thing appartaining thereto, and yet you require them by that Law, and claime them of Divine Right, no commandement or Divine Right being given to any other but the Sons of Levi to receive them, therefore how equall your claime is, let those that pay them judge: for if they themselves, that had the commandement yeeld up for those considerations, their right and equity in them, and may not of Divine Right require them, much lesse may you that are neither JEWES, LEVITES, or ever had a Commandement from God for them.

3. If you were Levites, yet were it unreasonable and unjust for you to exact above the Levites portion, a Levitticall right it bounded precisely within a Levitticall Compasse; if you will be numbred amongst the Levites for your Divine Title, you must be numbred with them in the nature of their revenue, and thereto precisely confined, and if of their Order for their revenue, then must you not disdaine to be ranked in the number whereto that Revenue was ordained, and be content with the allowance that shall come to your share from that Ordination, now the Levites for their maintenance were rancked amongst the Fatherlesse, Widdowes and Strangers, Deutr. 14. 29. and 26.12.

Such therefore must be your Companions, (thinke it no disparagement to your cloath,) and you must be content with your division, and with what falls to your share; The Fatherlesse, the Widdow, stranger, &c. was to have a share, and subsistance, to eat and to be satisfyed out of the Tythe, as well as the Levite, therefore for the Levite to exact all the Tythes, were to eat the bread out of the mouthes of the Fatherlesse, the Widdows, and the Srangers, &c.

So then, the encroaching and usurping the whole Tenthes, yea, all things considered, even the sixth or seventh part of the whole Kingdome into the hands of the Clergy, under this Levitticall pretence, is no other then such oprression to the Fatherlesse, Widdow, &c. But wee see our Clergie under this pretence exact all, and more then the Tenthes, and spend it all upon themselves, and turne the Fatherlesse, the Widdow and the Stranger, to the wide world; and though every Parish thus largely give their Almes for the generall supply of the poore, these men get all into their hands, and cause the Fatherlesse to goe naked without clothing, and they take sway the sheafe from the hungery. Job 24.10. but cloath themselves in costly array, feed on dainties, live at ease, and take their pleasure, that they are more like Lords then Almes-men; while the other Almes-people, the Fatherlesse, Widdow, &c. are ready to perish for food, cloathed in ragges, and forc’d to begge, and would perish quite, should not the Parish take further compassion over them.

Therefore MARTIN would advise the Fatherlesse, the Widdow, and the Stranger, since this Levitticall Order of Tything must still be retained on foot, to come in and claime their right, for if the Inheritance must be granted the Inheritours must be thereto entitled so long as the Possession endureth, so long their Interest does continue, as long as they will have the one, so long they must grant the other: and let not those greedy Cormorants devour up their portion, that there may be a more competent answerable equallity amongst these Almes People, the Levite, the Fatherlesse, the Widdow and the Stranger, that all may have a competency, the Fatherlesse, Widow and Stranger, as well as the Levite; that this rich and fruitfull Nation may not longer be branded with the infamy of such multitudes of Beggers, such miserable forlorne Objects of Compassion, left destitute in a Land where there is such a redundancy of Provision: for were the Tythes, which are a vast, and almost unvaluable wealth, but proportionably divided amongst the Poore throughout every Parish in the Kingdome, all would have sufficient, and none would want, only our proud frisking Levites would be a little abated in their Pride; Their great Buttons would neatly fashion forth their shoulders, no more then the loops their necks: their Wives would scarse have Fannes to coole their beauties, or such like pretty toyes to humour their amorous nicer fancies with, which trivialls may very well be spar’d, better then suffer the Fatherlesse to goe naked, lowsy, tatter’d and torne, begge, and ready to perish in the streets: for it is a most unreasonable wicked unconscionable thing, that one sort of Almes-men, which would be counted (forsooth) the Ministers of Jesus Christ, should devoure up the rest, or that any sort should be richer then their Almes-Masters, for there is above a Thousand Lay-persons (as they call them,) men, women and Children to one Clery-man throughout the Kingdome, in some Parishes there are above ten thousand to one, and yet this handfull of Venerable vermine must have the Tenth of the encrease of the whole Kingdome, besides their Gleah-land, Oblations, &c. Which betrayes their unsatiable Covetousnesse to take it, and the grosse simplicity of the People to give it, their Benefactors must be glad of brown-bread and sottage to feed their hungry bellies, of leathern Jackets or any thing to cover their nakedness, and rejoyce and blesse God they can have it by their sore travell and pains, by their industry and sweat of their browes; they must cap and congue, and these Almes-men, this Leviticall Clergy, deport themselves, and live like Lords in Pompe, Honour and Magnificence, for who more honoured, who more stately proud, or delitious then they?

Oh, MARTIN cannot forget the Germane Proverbe, The covetousnesse of the Priests, and the Mercy of God endure for ever.

But that we may the more cleerly discover their deceit, wherewith they have bewitched the people under this Leviticall Pretence, let us a little further descant upon the Right of the Levite, that every ordinary capacity may receive more full and ample satisfaction concerning the equity of their claime, and that those counterfeit Levites, (our present Presbyters,) may cover their heads, and hide their faces for shame.

Now for out further inquisition therein, and inquiry thereof, let us consider, that though the Sonnes of Levi had a commandement to receive Tythes of the People, according to the Law, Heb. 7.5. and though that commandement was onely for the Levites, so that neither any other was to receive them from the People, but the Levites, nor the people to pay them to any other, but to the Levites according to the Law, which both did designe their Tythes, and bind them to their payment, yet could their service for this rich Prerogative, this large Revenue, bring no perfection: All Offerings, Sacrifices and Services unto God for the sonnes of the People, was committed to that Priesthood, and administred by them, and yet as touching the Conscience, could not purify, or ever take away sinnes; therefore there was a necessity that one of another Tribe, that should not be called after the Order of Aaron should arise, otherwise there could never have been Salvation, for it could not be by any thing that did or could proceed, or was administred by the Tribe of Levi, for could it, what further need was there that another Priest should arise, Hebr. 7.11. therefore the Priesthood, and commandement thereof was disannulled for the weaknesse and unprofitablenesse thereof, vers.18 and hee of whom better things were spoken, forgivenesse of sinnes, and eternall life, commeth of another Tribe, of whom no men gave attendance at the Altar, even of the Tribe of Judah, of which Moses spake nothing concerning the Priesthood, No, not so much as of a Tyth-pigge, vers. 13,14 so that this Man being come, the Priesthood changeth, and that changing, there is made, of necessity, a change also of the Law.

These things premised, the Levites therfore themselves have no longer Authority or Divine Right unto Tythes, according to the Law, a period being put to their Office, their Priest-hood ceasing, and the Law according to which they received the wages of their Priesthood ceasing, neither are the people longer bound to pay them by vertue of that command, seeing both the Law which bound them to it, and the Priesthood for which it was, are both disannulled, abrogated, and ceased quite, and a more excellent Ministery obtained, established upon better Promises, by one of whom Moses spake nothing of that Priesthood, so that he being of another Order, and of another Tribe, being Mediatour of a better Covenant, established upon better Promises, neither Service, nor any thing which pertained to that Tribe, according to the Law, whereof Tythes was one, can be transplanted and grafted into that Stock under destruction thereof, for if we will have it to beare the fruit of the Levitticall Priesthood, wee cannot be made perfect, receiving the Promise of Eternall life.

Therefore to ascribe that which belonged to the Levitticall Priesthood, to the Ministery of our Lord, which sprang from Judith, is to introduce and recall the Legall Sacrifices and Services, to denie Christ, destroy his Genealogie, and disannull his Covenant; for whatsoever appartained to the Priesthood, was proper and essentiall to the Tribe of Levi, so that whosoever did officiate therein, or receive any thing belonging to the Office, was one of that Tribe, therefore to ascribe Tythes to this Order, whereof Christ is, is to make him of the Tribe and Order of Aaron, and so destroyes his Mediatourship, and denyes salvation by him, for of his Order Moses spake nothing concerning the Priesthood, now Tythes belonged and was ordained to the Priesthood, (which Priesthood was not able to cleanse the Conscience from sinne, and so not sufficient for salvation) therefore not at all doe they belong unto his Priesthood, or Ministery arising from another Tribe, from whence commeth forgivenesse of sinnes, and eternall life.

4. If you will have Tythes, you must have it of your owne brethren, for verily, they that were of the Sonnes of Levi, who receive the Office of the Priesthood, have a Commandement to take Tythes of the people, according to the Law, that is of their brethren, &c. Heb. 7.5. Wherefore we of the Independant Congregations, being not of your Members, and so none of your brethren, you have not any authority to demand or receive them of us, the flock which you feed (if you feed any) is the flock of whose milke you must eat. 1 Cor. 9.7. Now we being not of your flock, you must not thinke to eat of our milke, but you must be content with the milke of your owne flock: when you are our Pastors, and wee your sheep, you shall have the Tyth of our Milke, but in the meane time, MARTIN would advise you to be content with your owne.

5. If you denie to receive Tythes as Levites, and claime them as you are Priests, then you must have no other then what was due to the Priests, and in Deut. 18.3. &c. it is said, and this shall be the Priests due, from the People, from them that offer a Sacrifice, whether it be Oxe or Sheep, and they shall give unto the Priest the shoulder, and the two cheeks, and the man, &c. and truly, when MARTIN doth offer an Oxe or a Sheep, hee will freely give you the shoulder, the two Cheeks and the Maw, and hee cares not greatly, if you thinke that Oxe-cheekes are too course Diet, for the Priests of our dayes, to gratify your dainty diviner Pallates, with the great Begge, with all its venerable appurtenances. But though this were the Priests due, yet for this were they to stay the Offering, a worke too butcherly for Priests nowadayes; yea, they were, if there were any warre in the Land, to goe against the enemy, and blow an alarum with their Trumpets, and this was an Ordinance for ever amongst the Priests, throughout their Generations, and they shall be saved from their enemies, Numb 10.8,9. Therefore if you will have our Oxe-cheeks, our Oxe-mawes, you must all turne Trumpetters now there is warre in the Land, and sound an Allarme; If you be Priests, you have not done well to forbeare all this while, for the Text saith, Yee shall be saved from your enemies. O Pious and Venerable Brethren, for so I am emboldened to style you; I beseech you be encouraged, and stirre up one another to this good Works, if you be Priests, sound an allarme, that wee may be saved from the Cavaliers, and then you shall have all our Oxe-cheekes, our Oxe-mawes, Bagges and Baggage; for wee are weary of the warres.

Further, if you claime them as Priests, then are you to require none of the People, for the Levite paid only First-fruits, not Tythes immediately to the Priests, but onely to the Levites, Singers, and other such Ministers: And the Levites paid the Tythe of their Tythe to the Priests, Numb. 18.26.28. Who so through the Levites received Tythes from the Possessions of the Laiety, for the Posterity of Aaron, that had the Priesthood, received none from the people immediately, but mediately from the band of the Levite, and that was but a Tythe of their Tythe.

Therefore, if you will be Priests, (as you all stand Priests by your Episcopall Ordination, witnesse the late Ordinance for the Lords Supper, where it is granted,) then all the Tythe that you can any wayes exact, is but the Tythe of the Tythe, the rest, is first-fruits and the like, were left unto the good will of the People, for seeing you will be the Priests successors for their maintenance, but not for their Worke, being more lazie in your generation; I tell you, though your succession were good, yet could you be hereditary to nothing then wherein those Priests had a right; their patterne can extend no further then their own priviledge, though you and your Fathers have set it upon the Tentures, and streetch’d it unto the portion of the Fatherlesse, the Widow, and the Stranger, and have rack’d and scrap’d all into your Compasse.

Now the First-fruits of the forwardest were offered to the Priests in Eares of Wheat and Barly, Grapes, Figges, Olives, Pomegranats and Dates, and of these the First-fruits were paid, in what quantity the owner would, Exod 23.19. Numb 18.12. likewise their Therumach, or Heave-Offering, or First-Fruits of Wine, Oyle, Fleece, and the like, were also given to the Priests, Deut. 18.4. but not determined by Moses of what Quantity: therefore from their example, you cannot tye us to the tenth of those things, but though you were such Priests, yet must you be content with such as wee out of our own freedom: shall give you thereof. Indeed wee read in Ezekiel 45.13. that the Theramih, or Oblation, was the best part of an Ephah of an Homer of Wheat, and the like of Barly, and an Homer, which was above with a Bath, was neer our common Bushell, & an Epak was the tenth part of an Homer. v.II. So that all the Obligation for this or that quantitie, that you can impose upon us, is at the most, but what Ezekiell describeth, and that was but the fortyeth part of an Homer, which after our account, is the fortyeth part of a Bushell of Wheate or Barly, for the Ephah was but the tenth part of the Bushell, and but the sixt part of the Tenth was to be offered: so that, if the confining of us to this indifferent portion will not content you, you must even be contented with the good will of the VULGAR, that Clergy Bugg-bare, for there is no president from any command for any more; or can wee read that Moses his Priests ever exacted more; or indeed that they ever exacted any quantity, but wholly left it to the disposition of the People, which, it compared with our Priests, their practise will be found much derregatory thereto; for though they have no right at all to the sixtyeth part, or indeed to any such voluntary Offerings (being not the persons to whom the benefit of Church-contributions were ordained) yet such is their Avarice, that though they plead for the due of the Mosaicall Priests, yet that will not content them; for neither will they stand to the good will of the People, as Moses his Priests did, nor yet be content with the sixtyeth part, as they were, but they will have the Tenth; yea, above the Tenth, and that by compulsion, whether the People will or no: therefore let the people judge of their greedynesse, of their jugling and deceit, who under the pretence of a thing whereto they have no right, require not only the thing it self, to wit, the sixtyeth part, but even fifty times more, and that by compulsion.

6. The Officers of the Ministery of the Gospel, are to be chosen by the members thereof out from amongst themselves, and their Function is not (as under the Law) confin’d to this or that Tribe, this or that Generation, but is generall to any Tribe or Generation whatsoever; and so as the service is ceased, the persons officiating are ceased, and both ceasing, the wages must needs cease, neither worke for which, nor persons to whom, according to the Law, remaining: For notwithstanding his abolishment, hither you fly to consecrate your Ordinance for Tythes, with a Jure Divino, as if with work-men and worke, the wages were not vanished, but still retained their divine Beeing by vertue of that Law, and your selves hereditatory thereto, but not unto the Worke.

Truly (Pious Brethren,) I commend your venerable Sanctities, that are so provident, both for your profit and ease, you are very wise in your Generation, indeed it is the profit that fills your spitts with Pigges, Capons, &c. But (holy Brethren,) it is against all equity and justice, to require the wages of a Worke, and not to doe the Worke; If a man offer such wages for such a Worke, hee that will justly claime the one, must doe the other, for his equity to the Title of the one, is founded in the labour of the other, and not doe another kind of worke, the wages whereof he supposeth is not so profitable, and exact the wages of the former, which he conceiveth is more profitable, that is, Doe the Worke of the Gospel for the wages of the Law; this will not serve, there is neither equity in the one, nor Conscience in the other; If you will have Law-wages, you must doe Law worke; If you will have Gospel-worke, which you deem to be more easy, then you must be content with Gospel-wages, though not so profitable, if therewith you will not be content, you must leave the Worke.

Thus having tryed your Mosaicall Title from the Levitticall Priesthood for your Divine Right, to the Exaction of Tythes, and finding all your reasonings from thence empty and ayerie delusions, wherewith you have overshaddowed your Pollicy and Deceit from the Peoples discerning, bearing them in hand with their Divine Institution, but not telling them for what, and to whom they were ordained: now let us trace you a little further, and try your Gospel Title, and see what divine Influence it doth communicate to your Humane Title; it may be, you will be found as delusive there, as you were under your Legall Pretences; which done, I shall adventure upon your last and maine Battery it self, The Ordinance for Tythes: and if I dismount you there, your best shift will be, The good will of the Vulgar, and glad you can have that at a pinch, to piece out your Jure Divino, and preserve your SANCTITIES from Mechanick Druggery: I will not too much (if you will but please mine Holyness, and beare with the contrary-minded) make tryall of your Right unto that Title, for should I, you might rue the day that ever MARTIN was borne; though I confesse, you have little cause to celebrate his Nativity with rejoycing; for it is to be feared, from what he hath already done, Sir JOHN will have much adoe to get Possession of his FATHERS Inheritance with Peace. But to omit trifling, and to returne to our intended purpose, and try what the Apostolicall Writings afford either, pro or con.

SECTION II.: Of the Clergies EVANGELICALL TITLE of Jure Divino to their Exaction of TYTHES.

Wee read, Acts 20.16.20,27,28,29.

THAT Paul having sent to Ephesus for the Elders of the Church, told them, that he had kept nothing back that was profitable to them, teaching from house to house, and that he had not shunned, to declare unto them all the COUNCELL of GOD; and therefere bid them, Take heed, for after him would come grievous Wolves among them, not sparing the Flock: And to the Galathians, cap 1.8. hee saith, Though wee, or an Angel from heaven preach any other Gospel unto you, then that which wee have preached unto you, let him be accursed.

Now in all his Writings, and in the whole Book of the Gospel, wee doe not find any Declaration of his for supplying any necessities of the Churches, whether of Elders, or any other Members, by the Exaction of Tythes, but his ORDER for such supply is otherwise, for to the Corinthians, Epist. 1. cap 16.1,2. hee saith, Now concerning the Collection for the Saints, as I have given Order to the Churches of Galatia, even so doe yee, upon the first day of the Week, let every one of you lay by him in store, as God hath prospered him; and in the 2. Epist. cap. 9.1.5.7. For as touching the Ministring to the SAINTS, I thought it necessary to exhort the Brethren, that they would goe before unto you, and make up before-hand your bounty, whereof wee had notice before, that the same might be ready, as a matter of bounty, not of covetousnesse: Every man according as hee purposeth in his heart, so let him give, not grudgingly, or of necessity, for GOD loveth a cheerfull giver.

And this was Gods ORDINANCE, for the supply of the Saints, declared and delivered by Paul unto the Churches; therefore he that preacheth any other manner of supply, then what is voluntary, or matter of bounty, as of necessity, such as the Exaction of Tythes, or the like, is to be accursed; If any man shall adde unto these things, God shall adde unto him the Plagues that are written in this booke, Deut.4.2. Prov. 30.6. Rev. 22.18. So that the taking away this Ordnance of Voluntary contribution, and in the room thereof, violently intruding the compulsive Exaction of Tythes, is guilty of this curse Paul pronounceth, and of all the plagues that are written in the book of GOD: for no other Ordinance, then that of Voluntary contribution was committed by him for supply of any of the Saints unto the Churches, and he (as he told them) kept nothing back, but declared unto them the whole Councell of God, so that no place is left of Divine Right, for any other supply, then what hee hath already declared: Therefore what will become of our Clergy Tythe-mongers, that tell us, Tythes is an Ordinance of the Gospel, and not Pauls Ordinance of Contribution, when God calls them to an account? I am afraid they will be found such as Paul foretold the Elders of Ephesus would come in amongst them, even greedy Wolves, not sparing the flock, such as will not leave them to their bounty, to the purpose of their heart, but count that too beggarly and base for their Pontificall cloath, scorning such a supply as contemptible and dishonourable to their breeding and Places, and therefore answerable to their ambitious University Spirits, must kick Pauls out of place, and countenance, and introduce, and constitute a more stately, authorative, commanding Ordinance of their owne, exacting, and extorting their supply by compulsion, not sparing the flock.

But (deer Brethren) take the wholsome and Pious advice of Reverend MARTIN; If you be Saints (as you pretend your selves to be) and as it is essentiall to a Presbyter or Elder of a Church) doe no longer adde or diminish from the pure unalterable Ordinances of God, and be content with what Paul ordained for the Saints, to supply the Saints Necessities; I desire your Sanctities, as you tender the Piety of your cloth, the reverend estimate of your Name, and reputation of Saints, for I know you would be so entred into the Rubricks of our estimation, even Saints by calling, or Trade approve your selves to be Saints indeed, and be content, as the Saints ever were and are, with the portion of the Saints, in all their necessities, which is evident, was and is unalterable to this day, the Voluntary contribution of the people, by Collection every first day of the Week, and to this, and to no other manner of supply from the Churches, can the Saints lay any claim of Divine Right. Therefore if you will challenge any portion from them, jure Divino, it must be no other, then the result of their bounties.

Now this Primative Institution and Practice, of the First Day Collection for the generall necessities of the Saints, was continued amongst the Evangelicall Churches, till about 200 yeeres after Christ, about which time it degenerated from weekly to monthly, but not from the nature of the thing, as from free bounty, to coercive exaction; for Tertullian, who lived about that time, Apologetic.39.&42. saith, Modicam unus quisque stipem menstruas die, vel cum velit, & si modo possit, apponit: nam nemo compellitur, sed sponte confert, &c. Every one monthly, or when he would, provided he were able, gave a competent portion; for no man was compelled to this or that quantity, but gave of his own accord; And such their Contributions or Offerings were devoted to the Necessities of the Poore SAINTS in generall; For the goods and Revenues of the Church were anciently reputed and stiled, The Provision of the POORE, even till about 800 yeares after CHRIST; and till then, no payment of Tythes in the Christian Churches can be proved; but indeed, about that time, Christians degenerating from their Primitive Purity, growing more carelesse, ignorant, and remisse, and their leaders, more covetous and ambitious, it intruded it self through their Policy here and there amongst some Societies, professing themselves Christian, but was not generall, but at length, through the bewitching subtillty of their Priests, the people were infattuated into such a blinde zeal thereof, that it became in such an high adoration, that men of great Possessions would give unto such a Priest, such an Abbot, &c. the Tenthes of such and such a Possession, for his soul, the soul of his Wife, the souls of his Children, or the souls of such and such freinds, and after this manner Tythes crept in, and overspread most parts of this Kingdome of England, having their rise, custome and practise first from poore depraved seduced ignorant Soules, through the sorceries of their Pollitick Leaders, and by them were thus conferr’d upon the Churches by their voluntary Act: which Donations, at length were confirmed by the Cannon-Law, and a generall exaction thereof through the whole Kingdome, established upon the Clergy, to be theirs Jure Divino, whereby they no longer held, or claim’d them by vertue of Donation, but by Divine Right, and thus by degrees they patch’d up their Goddesse Jure Divino, unto their unjust Exaction of TYTHES, concerning which the Reader may receive further satisfaction in the perusall of Mr. Seldens History of TYTHES.

Whence by the way may be observed, what a ravening greedy generation our Priests ever have been, and this present Generation is as like them, as if they were spit out of their mouthes, that wee have cause verily to beleeve, that at their Ordination, in stead of that ridiculous foppery, and mocking of Christ, in breathing on them the holy Spirit, they breath’d into them their own spirit of covetousnes, which makes the children so like their fathers, so expert at this godly Legerdemaine, this Pious Theft, as ever their Predecessors were, and can as neatly challenge it of Divine Right, as ever either the Papall or Episcopall Vermine before them could; indeed, it is essentiall to their colour, they’l never leave their spirituall thievery, as long as their coats are black, or their girdles be worne about their midles, a cubite below their deserts; for why should not black Thieves, as well as other coloured Thieves, have the recompence of their reward?

But that we might the more admire their greedinesse, let us look back, and recall to our memories the Primative time, where (as wee have given a touch,) we shall see, that all the goods of the Church were devoted to the use and supply of the poore, and generall necessities of the Church, and were so improved, which if we paralell with our times, we shall finde a direct Antipathy, a vast disparity betwixt them, as betwixt light and darknesse: We shall finde amongst its greater Ecclesiasticall Donations, larger revenues, and wealth bestowed (though out of an ignorant blinde zeal for sinister ends) upon Churches (whose proper end being voluntary Contribution, is of Primative Institution unto such pious ends, as the relief of the poor, and the like,) and amongst us an abundance of Poore, Fatherlesse, Widdowes, &c. in every Parochiall Church, even ready to perish for want of supply, and yet through the mercilesse covetousnesse of the Priests, notwithstanding such large provision for them, they can never once taste the sweetnesse of such charitable Church-Donations, wherein they have a proper Interest of livelyhood, being members of such Churches, for such is the avarice and greedinesse of the Priests, that they are become sole Treasurers thereof, and cram all into the vast store-house of their ungodly dirty Panches, and devoure up the Right of the POORE, the Fatherlesse, Widdows, Strangers, &c. only, sometimes at their venerable Doores, forsooth, sanctify their Pitchers with a Reverend Messe of Pottage, to evidence their liberallity, how they are given to Hospitallity, and send not the hungry and needy empty away; my blessing and benediction be upon you all, my dear Birds all, but I hope I shall never trouble your doores.

Further, they are not herewith content, thus to rob the Poore of their Right, but from those their miserable poor members, they extort even the Tenth of their penurious increase: Here for instance, I could fix a second Century of Cormorant Priests in this kind, collected out of the heard of Presbyters, since the edition of the Ordinance for TYTHES; A poor man cannot have 2. or 3. hens and a cock, but they will have the tenth tread, to be jure divino, at least they will have 2. egges for a hen, 3. for a cock, 2. for a duck, 3. for a drake, &c.

But to omit this, let us a little further examine the Evangelicall Authority and Injunctions concerning the maintenance of the Evancall Ministery: and for this, let us returne unto the second of the Acts, comparing vers.17. with vers.33,34,35. Which declareth, that Paul having sent for the Elders of the Church of Ephesus, hee told them saying, I have coveted no mans silver or gold, or apparrell, yea your selves know, that these hands have ministred unto my necessities, and to them that were with me, I have shewed you all things, how that so labouring (to wit, with your hands) yea, (namely the Elders,) ought to support the weak, and to remember the words of our Lord Jesus, how he said, It is more blessed to give, then to receive: and to this adde, 1 Thes.2.9. Ye remember our labouring night and day, because we would not be chargeable, &c. and 2 Thes.3.8,10. We did not eat any mans bread for nought, but wrought with labour and travell night and day, that we might not be chargeable to any of you; for even when we were with you, this wee commanded you, that if any would not work, he should not eat. From whence is evident, that he laid a necessity of working upon them, for declaring to the Elders of Ephesus, how he supplyed the necessities of them that were with him, by the labour of his hands, sets himself forth as a Patterne to the very Elders themselves therein, and thereupon puts them in minde of his former Precepts in that kind, saying, I have shewed you all things, how that so labouring, yee ought to support the weak; and the equity of this Ordinance unto them, bee groundeth upon the saying of CHRIST; It is more blessed to give, then to receive: from whence is undenyable, that the Elders or Presbyters were bound to take him for a Patterne in that practice, and that from him they had received Order for it, in their duties, because it was a more blessed thing to give then to receive, and this was given to the Presbyters of Ephesus, that they should endeavour after the more blessed thing, that their hands, as Paul did, should administer to their necessities, and to them that were with them; and this was an Ordinance grounded upon the equity of CHRIST’S saying; not to be repealed, altered, added or deminished under the penalty of all the Plagues that are written in the Book of GOD: for as he had received from the Lord, so declared he unto them, and kept nothing back from them, that was profitable, but delivered to them the whole Councell of God: Therefore, whatsoever bee delivered unto them, was the Councell of God, and he delivered this ORDER to the Elders for the ministration to their necessities, it must needs be from the Councell of God: so that this must either be granted to be Gods Ordinance, or else Paul did not declare the Will of God, or at least, not the whole Councell of God: But if Tythes were ordained by God for them, then he kept back somewhat of the Councell of God from them; for neither to them, nor to any other of the Churches did he declare any Ordinance for the true payment of TYTHES, like that of the LORDS and COMMONS Assembled in Parliament.

Therefore, this Ordinance of working with their hands, is in force to Elders, or Presbyters of Churches. But indeed, I cannot much blame our Presbyters, considering their breeding, that they so much abominate this primative Ordinance, is too inferiour, mechanick and dishonourable to their Calling; for we must consider our Presbyters are University-men, not like the mechanick Primative Presbyters, like Fishermen, Tent-makers, or such inferiour fellowes or Paul, the scumme or offscouring of the World, ours are of a more venerable honourable Order, and therefore it highly concernes them to insense their bearers against all mechanick Preachers, as Coblers, Tinkers, Chimney-sweepers, Bellows-menders, and the like, for should such Preachers, (as after Pauls example, worke for their livings, with their own hands) come into credit and reputation, and gaine acceptance amongst the People, our lazie Preachers, that live upon the sweat of other mens browes, notwithstanding God hath enabled them to worke with their own hands, must conclude to give place unto such; for if the people did not so much dote upon their Spiritualities, as if the Word of God came only to them, and onely from them, and were not as ever communicative to Tradesmen, but should indifferently entertain the Communications of God in any sort of People, though Fishermen, Tent-makers, Coblers, Weavers or the like, then the adoration of their Order and Cloth, would grow out of date, their Reverend esteem among the People vanish like a mist before their rising Sunne for truly a leathern Jacket, a blue Apron, or such other Ensigne of labour, would better become a Pulpit, then a black Cassock, a payre of Lilly-white Hands, or such like badges of Idlenesse, for that would import the Preaching of the Gospel freely, without charge unto any, meerly out of Conscience, and not for filthy lucre, whereas this can evidence nothing but the direct contrary; for who can judge that such a one workes with his owne hands that he might be chargeable to none? And thus much by the way, onely to let the People understand their drift in railing against Tradesmen that communicate (like good disposers of the manifold graces of God,) of the ability that God hath given them, to others.

But least I should appeare in this Injunction of working, to wrest Pauls intent beyond its proper extent, I also affirme, that hee hath not so given it in charge, and impos’d it so upon the Elders or Presbyters of Churches, as in no case to admit of a mittigation thereof, as if there were no right of supply upon any occasion or condition, but what they acquired by their owne hands, at all unto them; but he enjoyneth this Ordinance of working upon them, but in case of possibility thereof, not in case of defection of nature, lamenesse, sicknesse, imprisonment, or the like, even as hee ordaineth for the rest of the poore; for all are commanded to worke, none exempted, and for such causes of imbicility and misery, or for want of worke, and the like, the contribution of the Churches was ordained; and one as well as another, Elders as well as People, all are to endeavour, that they may not be chargeable, for it is a more blessed thing to give then to receive, and this they are to aime at with Paul, though it be with travell and labour, night and day; no labour or paines, early or late, is to be shunned, that this may be attained; and none are to receive the supply of Bounty, neither in equity is it due unto any, but in case of necessity, it was never ordained for redundancy and superfluity, and to make one sort more Wealthy, Lordly, and better arraied and fed then the rest, but to supply the extremities of miserie; or that there might be a moderate competency of subsistance amongst the meanest, that none might want that which is necessary for their naturall subsistance.

Therefore Paul giveth this Ordinance of working, and proposeth himself as an example therein unto the Elders, for their imitation, as the more excellent way, by how much the more better it is to give then to receive; for to the Thessalonians in the like case he saith, 2 Thes.3.8,9.

Neither did wee eat any mans bread for naught, but wrought with labour and travell night and day, that we might not be chargeable unto any of you, not because we have not Power, but to make our selves an ensample unto you to follow us.

Whence it is evident, That though they had a POWER, yet this was the most excellent patterne for them to follow, and they were to make him their ensample, which hee proposed to them as a precept for their imitation; Now what this Power was, remaineth upon inquiry, and that it could extend it self no further then is discovered in the Word, is undenyable, and for any other power extant in the Writings of the Apostles, then to receive supply as poore Saints, we doe not read of, therefore it could be no other power he meant of, and the poor Saints have no other power, or can lay claime of Divine Right unto any such supply, but in cases of necessity, and Pauls walking was answerable hereto; for he never received any thing of them, but in such cases, Phil.4.16,17. For even in Thessalonica he sent once and againe unto my necessities, not because I desire a gift, &c. 2 Cor.11.9. For that which was lacking to me, the Brethren which came from Macedonia supplyed: which compared with other places, declaring his working night and day with his own hands, 1 Thess.2.9.1 Cor.1 1.12 is very evident, that his power of receiving other supply then such as was by his own hands, was in cases of such necessities, as he could not supply himself, and that was not the supply of Exaction or force, like this of Tythes, but of Free-gift, Phil.4.15,16,17. No Church communicated with me, as concerning giving and receiving, but ye only, &c. and he endeavoured to the utmost of his power, not to be burthensome. 2 Cor.11.7,8,9,10. and cap.12,13,14,16,17,18. 1 Thess.2.9. and cap.3.8,10. From all which places it is undenyable, that his utmost endeavour was, not to be burthensome; for he saith, it were better for him to die, then that any man should make his glorying therein voide, that where hee preach’d the Gospel, there he might make the Gospel of Christ without charge, 1 Cor.9.15.

All which considered together, it plainly appeareth; that his power was but in cases of necessity, when he could not helpe it; for woe was unto him, if he did not make the Gospel free, if possibly he could, though with his own hands he wrought night and day, vers. 18. hee saith.

What is my reward then? Verily, that when I preach the Gospel, I may make the Gospel of Christ without charge, that I abuse not my power in the Gospels whence observe, That if hee should not have endeavoured to have made the Gospel free, he should have abused his power; so that his power could onely lie in cases of necessity; for otherwise he should not have endeavoured to make it free, and so should have abused his power, that is, stretch’d it beyond its bounds. For if this power were wholly to rely upon them for maintenance, like this power that our Presbyters enforce upon us, then if he should in all places where he preached the Gospel, have relyed wholly upon them for his supply, and not at all endeavoured with the labour of his owne hands to have made it without charge, when hee could for preaching tended thereon, he had not in so doing abused his power; but kept himself within the warrant, authority & property thereof; for that which is done by the proper Right and Authority of a Power, cannot be an Abuse of the power, but an absolute execution and fulfilling thereof, and to an abuse of a Power, must either be a Transgression beyond it, that is, doing more then it authorizes, or else a neglect, or comming short of it; and one of these two must of necessity be, or else the POWER cannot possibly be abused.

Now the abuse of a Power, (whether in either of the extreames,) is not the Power it self, but the power is precisely confined to its Authority or warrant, for the authority gives beeing to the power, and the power, as it cannot come short, neither can it goe beyond its authority, for so should it misse of its Beeing; for in the authority or command, the power liveth, moveth, and hath its beeing: Therefore as Paul was not to come short, so was he not to goe beyond his power, for in so doing, he should have abused it, so that his power could only be in cases of necessity; if he had refused supply in case of necessity, or taken it when by his industry he could have prevented it without dammage to his Preaching, hee had abused his power, therefore his power of Divine Right, of living on the Gospel, was but when otherwise he could not acquire it with prejudice to his preaching: He was to have his support and livelyhood by it, when as without it, he could not procure it. So that the Patrimony of the Gospel is onely of Divine Right due unto necessity, and therein onely have the Ministers thereof power to live on it, like as the rest of the Saints had; and thought they were better abilify’d with Spirituall gifts from God; they were not therefore to be paid for them, to live lazily and idlely, but as they had freely received from the Lord, so were they freely to Administer thereof unto the People, for God loveth a cheerfull giver, let it be in what kind of duty soever; they were not to make a gaine of the Gospel, to make a Trade of it, like as our Presbyters doe, and sell it out by Penny-worths, or enter into the Office thereof, for their own advantage, or livelyhood-sake, but to Preach it freely, out of Conscience, with sinceer hearts, not looking upon the loaves, but of gaining fruits unto God, not abusing of their power. And Paul further confirmeth this, saying, and this I doe, for the Gospels sake, that I might be partaker thereof with you; which plainly implyeth, That if he had not endeavoured to make the Gospel free, but abused his power, in relying wholy upon it, that then he should not have been partaker of the Gospel with them, but should have lost the benefit of the Gospel, and himself become a cast-away, therefore woe was unto him, if he did not so endeavour to make it without charge: Now two things are to be considered.

1. That his power could not extend to his woe and condemnation, but for him not to endeavour to make the Gospel without charge, was woe, was condemnation to him; Therefore his Power could not extend thereto, that is, To live wholly upon the charge of the Gospel, not (when it lay in his power, without prejudice to his preaching) endeavouring the contrary, under penalty of his Condemnation

2. That our Presbyters now have not a greater power, or Divine Right unto supply, then Paul had: But wee see his power extended no further then in cases of necessity, for then only he could claime it out of a good Conscience, and of Divine Right: Therefore our Presbyters can claime no other to themselves Jure Divino.

This Premised, it followeth then, that the supply whereto the Elders had power, was not as they were Elders or Presbyters, but as they were poore Saints; my Reasons are.

1. There is no other supply extant in the Scriptures, then such as is in common to the poore.

2. There was never any portion set out for them, as thus, and thus much shall be for the Elders, in such and such a condition, so that one as an Elder might have challenged the portion of an Elder.

3. They had no right to supply, but in case of necessity, which plainly implyes, That it was onely as they were poore men, not as they were Elders, for so their right thereto had been at all times, in fulnesse as well as in want, when they could work, as well as when they could not; for they are Elders in one condition, as well as in the other, plenty no more then want could alter their Eldership; and what is due unto Eldership, is due at one time as well as another, by vertue thereof at all times having a power thereto.

But wee see, they never had power in this kinde, but in cases of necessity: Therefore not as Elders, but as poore Saints.

4. A necessity was laid upon them to Preach the Gospel, under the penalty of a Woe and a Curse, whether they were paid or no: therefore the payment was not essentiall to the Office, for the Office was to be executed without it. Further, if it were essentially the wages of the Worke, the Worke could not be required under such a penalty, and of necessity, without the wages thereof, for in equity there is as much necessity of the wages of a Worke, as of the Worke; But wages, or not Wages, there was a necessity of the Worke: As they were Elders, there was a necessity of Preaching, but not as Elders of exacting a maintenance; Therefore this Power was not as they were Elders or Preachers, but as they were poore Elders or Preachers: their Church Portion lay in the Poor-mans Boxe, having no Right or Title thereto, but as Poore-men.

5. That though this provision be for the poore Saints, yet all the Saints, Elders as well as others, are commanded to worke, and Elders in speciall; for, Act.20. Paul saith to the ELDERS, I have shewed you all things; how that so labouring, (to wit, after his example,) yee ought to support the weake: as if he should have said, Even ye, that are Elders, as well as wee that are Apostles, or as any others: And to all the Brethren of Thessalonica, none exempted, he saith: This we commanded you, That if any man would not worke, neither should he eat, 2 Thess.3.10. But were a full Supply due unto Elders, as they were Elders; then, there were no need of laying upon them the duty of working with their hands, after Pauls example; for, to provide all things to their hands, for their full Supply, and yet command them to worke with their hands for it, were a flat contradiction.

6. As well might the Saints lay claim to it, as they are Saints, as those to lay claim to it, as they are Elders, to wit, barely because they are Elders, that therefore they must have it; yea, better might the Saints claim it as Saints, for it was never termed, the portion for Elders, but Collection for the Saints, or the like: but, it is neither due to the one, nor to the other in that kinde, but to both, (Elders and People,) as they are poore Saints.

Alas poore-men, this is a pittifull case for our Presbyters; I am afraid, they will rather all un-Saint themselves, then suffer such a miserable beggarly disaster: But we must consider, it was not Parliament-time in Pauls dayes, when the Saints portion was set out; but it is otherwise now; Ergo, of necessity now an Ordinance for Tythes must be theirs Jure Divino.

If therefore their Title be but as poor Saint-Elders, poor Saint-Presbyters, or the like, then Presbyters must be content to be esteemed (as indeed they be) the Almes-people of the Church, and for administration to their nessessities, no other then the Almes of the people, is the patrimony, that they can claime right of inheritance unto; they may not in the least extort from, or exact upon their Almes-Masters, more then shall seem good unto their charitable dispositions; they must not goe to Law with them, send Officers to plunder their Goods, rifle their houses, imprison their Persons or the like, in case they cannot have their desires fulfill’d: for my part, I shall count such an Almes-man, let it be Almes-Presbyter, or what he will, no better then a Thiefe by the Highway-side, and that in equity hee hath more Title to the Galldwes, then to the Almes of the People, or one penny out of the Pooremans-box.

Objection.

1 Cor.9.4.6,7,9,14. Have wee not power to eat and to drinke? or I only, and Barnabas, have not we power to forbear working? who feedeth a flock, and eateth not of the milke of the flock? for it is written in the Law of Moses, Thou shalt not muzle the mouth of the Oxe that treadeth at the Corne: Doth God take care for Oxen? even so the Lord hath ordained, That they which preach the Gospel, should live on the Gospel. From hence the Clergy justify the whitenesse and softnesse of their hands, as if from thence they had an utter dispensation from working, and an absolute divine Title to a redundancy of Provision.

Solution.

1. Though he saith, have not we power to forbear working? we must not think that it was an exorbitant unlimitted power, extending to the transgression of the rule of equity, for so it should have been a sinfull power; and to have such an opinion of any power that is from God, such as this was, is no lesse then blasphemy, for as he is a God of equity and justice, so are all his wayes equall and just; and that onely sinfull which is not bounded within the compasse of equity, which is not any wayes computable with him or his wayes: therefore it cannot reasonably be imagined, that his power of forbearance of worke could be an unlimmited power, transgressing the bounds of equity: and the Rule of equity concerning working, is, If any man will not worke, neither should he eat, the equity of which rule is, That none should be idle and lazie, and eat the bread of idlenesse, and to such a forbearance as this, like that of our belly-god Lordain Priests, wee cannot in reason conceive their power extended, for so it should have transgressed the Rule of Equity, and had been an unjust power: but they must be laborious in their kind, for the duty of working gives title in equity to eating: it doth not in the least give them a dispensation to idlenesse: as, because they were Ministers of the Word, that therefore they were utterly exempted from Working, and might lawfully eat the bread of idlenesse.

No, Dear Brethren: In equity and duty, all are, and ever were bound to get their bread by industry, the Apostles as well as others, else they had no divine Right to eat, so that no man that will eat, can further be excused from the duty of working, then necessity enforces; and over necessities God is compassionate, not requiring impossibilities, but in such cases hath provided a mittigation, according to mercy and equity: For necessity only can excuse, and further then necessity the excuse cannot extend. Therefore they could no further be excused from working, that is, have further Power to forbear working with their hands, which was a duty, then by their Preaching they were hindred thereof; and so they were onely subject to necessity, not avoiding such working, but when they were thereto necessitated through Preaching the Gospel, and so were in equity excuseable, and had a lawfull Power to forbeare for the Gospel sake; for the more noble must take place of the lesse, as of two evills, the lesse is to be chosen, but both to be avoided if possible; so of two goods, the best is to be preferr’d, but both to be chosen, if possible; and where both cannot be, the greater in equity doth excuse the lesse: and so they had a just power to forbeare; look how much in the discharge of the greater duty, they were deprived of executing the lesse, even so much were they excusable, and free; for the equity of their forbearing hand-labour, had its beeing from their Preaching; their Preaching being in it self more excellent, made such their forbearance equall, by reason it was a hinderance therof, so that the equity of forbearance lay in the necessity of hindrance, and therein was bounded & confined precisely; for their forbearance of the one could not justly extend further then the hinderance by the other; for where there is no impediment of working, there can be no excuse of working for ministration to necessities; but so farre as a man is free from impediment, so farre he is bound in duty of working, to supply his necessities: So that though Paul and Barnabas had power to forbeare working, that they ought Preach the Gospel, that is, improve time in Preaching which otherwise, (or in such eminent necessity) they were bound to work in with their hands, to supply their necessities, yet for all this, they were bound to work, even with their hands, when possibly they could for Preaching, that they might make the Gospel without charge, so that an utter forbearance, or totall dispensation from working was not in their power without limitation: though to Preach they might forbeare, yet when for preaching they could worke, they might not forbeare: and when their preaching occasioned their forbearance, then they were to live on the Gospel, then were not their mouthes to be muzled, then were they to feed on the milke of the flock; for living on the Gospel is entayl’d on preaching of the Gospel; the living extends no further then preaching; for preaching gives power and Title thereto, its essence and beeing is in preaching, so that it cannot extend beyond that by which it hath power and beeing, for should it, it should goe beyond its power and beeing, and beyond its beeing, it can have no Title, or be longer deemed that power: so that look how farre they were deprived of ministring to their necessities through Preaching, even so farre they had a right to the Peoples Administration, so farre they had power to eate and to drinke, and no farther; they were not to be idle six dayes, and Preach on the seventh, and rely wholly upon the People, it was not in their power, nor yet in their practise; but when they had spare time from Preaching, they improv’d it in labouring for their bread, and at other times, when they were busied in Preaching, were content with what was given them, receiving no more, but for their present necessities; they never had, or were to have any more then a bare livelyhood; It is enough that the Disciple be as his Master, and the servant as his Lord Matth 10.25. Now their Master lived in great humility, hee had never a Living of 4 or 5 hundred a yeere; never had a House (like the Dean of Pauls) confirmed upon him by an Ordinance of PARL The Foxes have bales, and the Birds of the Aire have nests, but the Sonne of Man had not whereon to lay his head, he lived in mean condition, was lowly and meek, hee never was trundled up and down (Presbyter-like) in a Coach, he sate meekly upon an Asse, and a colt the foale of an Asse, Marth.21.5. and his Disciples lived the like life of humility; they made no further use of the World, then for their necessities, giving up themselves wholly to the Gospel, and were onely servants unto JESUS CHRIST, according to their duties; for no man can serve two Masters; for either hee must hate the one, or love the other; or else, he will hold to the one, and despise the other: yee cannot serve God and Mammon, Mat.6.24. therefore his Preachers must not be addicted to the world; be such as plunder mens goods, and rifle their houses to spend upon their lusts and pleasures, or to be such lazie idle Drones (like our Priests,) who take their pleasure and ease all the week, onely give us an houre or two of Hodgpodge delusion the First Day, No, such come not within the mile of his acceptance, but such rather that will both Preach and worke, that after their Preaching, will fall to mending old Bellowes, sweeping of Chimneys, crying of Brooms, or Small-coale, or taking any such-like honest course of livelyhood; such are most fit to be the Ministers of Jesus Christ; yea, indeed it is from such, that wee receive the greatest information in the mysteries of Jesus Christ, in the dayes; for indeed, they are in his Ordinance, follow his Pattern and example of his Apostles; Not Preaching for filthy lucre, but out of Conscience.

2. I desire may be observed, that whereas he saith, Even so the Lord hath ordained that they which Preach the Gospel, should live on the Gospel; that from thence no other livelyhood may be concluded, then such as the Lord himself had ordained for his Preachers, or that Paul himself, that had as great a power as ever any of them had, did in them words, intend a power further then the Lords own Ordination. Now the Lords Ordination concerning those that hee send forth into the world to Preach the Gospel, both to the Twelve Apostles, and after them the 70. Disciples, was, Luk.10.7,8. to eate and to drinke such things as were given, for the labourer is worthy of his hire and into what City soever they entred, to eat such things as were set before them by those that did receive them, and Matth.10.10,11. they have the same Injunction, That in the City or house that was worthy there they were to abide till they went thence, for the labourer is worthy of his meat. And this was all that ever the Lords Ordination provided for their living on the Gospel, a power barely for their Victualls or present necessities; even such as was given them, was their hire and no more, they had power given them to eate of their meat, for the Labourer was worthy of his meat; that was all that the Lords Labourers were to require for their hire, or to account themselves worthy of: and those that would not give this, they were but to shake off the dust from their feet in testimony against them; farre different from the Plundering Ordinance for Tythes. And no other power then this Paul pleadeth for to the Corinthians, for whereas he saith, Have wee not power to eate and to drinke? hee pleadeth it, as one sent from the Lord, to Preach unto the world, as vers 1. and 10. declareth; Now it is evident what power such had to eating, and drinking, that is, of such as was given them, of such as was set before them; therefore no other can be concluded of Paul, but even as the Lord had ordained; and so, and no otherwise they that Preached the Gospel, were to live on the Gospel: their necessities were to be looked upon, and for necessity sake, they were meerly to be relieved; for the Lords Provision was for no more, and therewith his Servants were to be content. Therefore, their Title to it, was not simply as they were Apostles or Preachers, but as Apostles and Preachers in necessity.

And thus it is clear, that all the Divine Right they had to other supply, then what they acquired by their hands, was but in cases of necessity, and that was but to matters of bounty: So that it is most certaine, that the Preachers of our Lord, in their supply, are but as Almes-men, and so they are to live, and to be esteemed, and esteem themselves to be no other, then the Almes-men of the Gospel.

Objection.

Tythes were paid unto Melchesedec, after whose Order was Christ our High-Priest for ever. Therefore, due unto the Evangelicall Order, as well as to the Levitticall.

Solution.

If Tythes, which Abraham paid unto Melchezedec, were paid unto him, as he was of that Everlasting Order; it could be at the most that as he was Typically thereof; for he was no more than Typicall himself, shadowing out the Eternall High-Priest, CHRIST JESUS, for Christ was not that Melchezedec, but after the similitude of that Melchesedec, therefore, if after that, similitude, that is, after that Shaddow or Type; then Melchesedec’s could not be the substance; for the thing simulating, cannot possibly be the thing simulated; so that the Priesthood of CHRIST must needs be the substance of that shadow, which Substance being come, the shaddow, with all its Appurtenances, must vanish and be of no longer force; So that whereas it is said, Abraham paid Tythes unto Melchezedec, it could be at most, that unto a Typicall Priesthood, unto a Priesthood which was but the shaddow of good things to come; and so, and no otherwise was it due to the Levitticall Priesthood, all whose services were but Types and Shaddows, serving unto the example and shaddow of heavenly things; and to such Ministers, for such services, was a commandement to receive TYTHES according to the Law:

Whereto Tythes were due, and which had a Commandement to receive them, therefore there is made of necessity a change also of the Law, and an utter disannulling of the Commandement going before; which Commandement brought within its authority, the imposition of TYTHES upon the People, for the Text saith, the sonnes of Levi, who received the Priesthood, had a Commandement to take Tythes, now the Commandement ceasing, the equity of their Exaction must needs cease, so that now they cannot by Levite or any other, be challenged of Divine Right, for the challenging them now by Divine Right, is not onely a reduction to the Levitticall Priesthood, but a denyall of this Jesus to be an High-Priest for ever, after the Order of Melchesedec; implying, that the substance of that shaddow is not come, for the paying of that which was proper to the similitude or Type, sheweth that the similitude or Type is still in force, and so the Substance not come; for while the shaddow is in force, there is no place for the Substance. Therefore the Exaction of Tythes for the Ministeriall Function of this Everlasting Priesthood, is an absolute deniall of Christ come in the flesh, and of his everlasting Priesthood.

Further, it may be considered, concerning those Tythes unto Melchesedec, that though they were paid to him, and so to the Order whereof Christ should be our High-Priest for ever, yet they were a voluntary gift, for Abraham had no Commandement from God to bind him precisely to that quantity, though the equity of the gift might be granted, yet a necessity of the quantity cannot be enforced, though in equity for his own part he was bound to a gift, for his owne discharge, yet not of necessity to a Tenth, as if hee might not have given more or lesse, or that the other had a Commandement to receive it, but the one left at liberty to give, and the other to receive; for Melchezedec would not have received them; which plainly proves, he never extorted them, but that they were a voluntary Offering, and for Voluntary Offerings we doe not deny; for if any be pleased to give the Tenth of their encrease, or more then the Tenth, they may doe as it seemeth good in their eyes: So that if from the gift of Abraham to Melchesedec, you will enforce any thing unto that Order, it can be but free-gift, which we grant to be due, so that your Antiquity of Tythes to this Priesthood is vanished into the free gift of the People, and from thence you can onely conclude, That Abraham of his owne free-will gave the Tenth, but not that the Tenth was ever commanded or exacted.

Thus if we grant you, That Abrahams TYTHES at that time were given to that Order, whereof Christ is our High-Priest for ever, yet you see, instead of gaining, you have lost the vantage of your Antiquity, and it is transacted to voluntary gift, so that from thence you can never prove other then voluntary gift to be given to that Order. But if we compare the place in Genes.14. with that of Hebr.7. we shall find that those Tythes, this Gift, was no other then Melchezedec’s proper goods, which Abraham had rescued from Chederlaomer: For Heb.7.1. it is said, For this Melchezedec King of Salem, Priest of the Most High God, who met Abraham returning from the slaughter, &c. From whence it is cleer, that he who went to meet Abraham, after his returne from the slaughter, was Melchesedec, and that it was the Priest of the most High God that met him, and that this Priest was King of Salem; So that he that went out to meet him, and was this Priest, and King, must needs be this Melchesedec, and in vers.1.2. it is further said, That to Melchezedec, Abraham offered that tenth, so that hee to whom Abraham offered his tenth, was that Melchezedec, and that Melchezedec was that Priest, and that Priest was that King, and that King be that went out to meet Abraham, to whom Abraham gave a tenth of his Spoiles; now these things premised, and compared to the place in Genes.14.9,10,11. Where it is said, That Chederlaomer, and the Kings with him, conquered the King of Sodom, &c. and took all the goods of Sodome, &c. and vers.15,16. Abraham persued them unto Hoba, and brought back all the goods, &c. and vers.17. The King of Sodome went out to meet him, after his return from the slaughter, &c. and vers.20. He gave him Tythes of all; and vers.21,22,23. The King of Sodom said unto Abram, Give me the Persons, (to wit the Captives) and take the goods to thy self; and Abram said to the King of Sodom, I will not take from a thread even to a shoe-latchet, and that I will not take any thing that is thine, &c. From whence it is most evident, That this King of Sodom, that was thus plundered, whose goods Abram rescued, and who went out to meet Abram, was this Melchezedec, the Priest of the Most High GOD, and that the goods that Abram gave, was Melchezedec’s owne goods, which Chedorlaomer had taken from him, from Sodom, whereof Abram would not take from a thred to a shoe-latchet, hee would not take any thing that was his, so that it seems, that Melchezedec’s goods, rescued from Chedorlaomar, were the Tenth of Abrams spoiles; and thus to this Melchezedec, the Priest of the Most High GODecember 11, 2002, Abraham gave the Tythes of all; So that here is a vast disproportion betwixt those Tythes, and the Tythes which you exact; for those were not the Tenthes of Abrahams encrease, but onely a returne of Melchezedec’s proper goods; which example affordeth but a sandy foundation for your practise; your Ordinance for Tythes, that Roaring-Meg, must be better planted, or else you’l misse your Marke.

SECT. III.: Of the Clergies HUMANE TITLE, the Ordinance for TYTHES

OF all the Scriptures, whether Prophetticall or Apostalicall that ever I read, none are so positive, none so point-blank to the purpose, as those of the Lords and Commons, for the Ordinance for Tythes is a Text beyond them all, its Divinity is Incomprehensible to them, beyond the Speare of their Sanction: But not to detract from its PARLIAMENTARY WORTH, I shall not adjudge it so farre, as wholly to bannish its Divinity the Precincts of the Bible; neither may I, or dare I so Deifie its Sanctity, to equalize it with the Sacred; onely I shall presume, (because I would not too much offend my BRETHREN) to ranck it for the present amongst the Apocrypha Writings, as A Divine Appendix to the Famous HISTORY of BELL and the DRAGON, for greater Honour then this I cannot deem to be within the compasse of its deserts; and it is fitt the TWO HOUSES should have all due Praise and Honour, their Ordinances demerit; they may become Canonicall in time.

This might serve to Answer their Presumption, and though to little, yet to as good purpose as that ORDINANCE it selfe; without plundering Divinity be most Infallible; yet that Divinity which is not founded and derivitive from the Writings of the PROPHETS and APOSTLES, must give up its Hallowed Ghost, expire its Sanctity, and be content with more interior Reputation, such as it self is, even Carnall and Diabollicall, and may not be admitted in, but utterly abominated from the Verge of TRUE MAGISTERIALL RIGHT, for its Bounds is precisely confined within the Sacred Line of the WORD, designing its proper Dimensions, how farre, and beyond which it may not passe: So that, whatsoever is Transgressant, that is not truly MAGESTERIALL, and cannot in equity engage either in Divine or Humane obligement.

Now to intrude upon CHRIST’S PREROGATIVE, to usurpe his Royalty, is beyond the Line and authority of the WORD, and so not within the compasse of Magesteriall Right: But this Ordinance for Tythes doth so; Therefore not Magesteriall or binding. That it doth so, I thus Reason.

To renounce any Ordinance of Christ for his Church, over which hee is King, Priest, and Prophet, and introduce a contrary, is an encroachment upon his Prerogative, and usurpation of his Royalty: But in the room of Christs Ordinance of Contribution, this Act of the Lords and Commons hath introduced another of a contrary nature, to wit, Compulsive Exaction: Therefore, this Ordinance for Tythes, is no other then an encroachment upon his Royalty, a deniall of him to be Law-giver to his Church, and a setting the Parliament in his stead, as if they were so many GODS, coeternall, essentiall with the Father, for that prerogative, that Legislitive Power, is onely proper to the Deity, when as wee know these are but mortall men, such as our selves; they are but Powers of this World, worldly and humane; and such as their Powers are, such are their Ordinances, such are their Ministers, even earthly and humane. So that if you will have Churches, Ordinances &c. by their power they can be but Politicall Churches, Politicall Ordinances &c. not Spirituall. Therefore if you will be Ministers in that kind, such as your Churches and Ordinances are, such must be your Preachings, even Politicall, Oeconomicall, teach the Husband-man how to Plow, the Citizens how to Trade, the Butchers how to kill Calves, the Women to wash their dishes, &c.

One Passage in this Ordinance, I desire may be laid to heart of the People, to wit, pag. 5. And in case no sufficient Distresse can be found, that then the said Justices of Peace, or any other Justices of Peace in the same county aforesaid, shall and may commit all and every such person so resisting, to the next common Gaole of the said County, there to remain in safe custody without Bayle or Mainprize, untill he or that respectively shall make full satisfaction, according to the said Judgement. Had not such a Passage gone under the Title of The LORDS and COMMONS, who are chosen for the Weal of the People, I should not have judg’d it an Act of Humanity, but rather the result of an Hell-bred Conspiracy by the Devill & his Angells, to confound us with their unreasonable malice; for what greater Act of Inhumanity can there be, then to cast a poor man, that hath nothing, into a loathsome stinking Gaole, without Bayle or Main-prize, there to lie, for those Cannibal devouring Church lubbers, to ceaze upon (without Redemption) untill he have made full satisfaction, when as before he was cast in, he had nothing to satisfy; and this was the first Stone these Master-Builders laid in their blessed Reformation; This is the Conscience of our godly Divines, even to swallow us up quick, Persons, Goods and all. But I commend the Impropriateurs of the Two Houses, for their godly Providence over themselves, and the weal of the People: Yet I am afraid; their wit and Pollicy in this, out-stript their honesty.

FINIS

ERRATA

Pag. 2 line 3 for both in Person, r. hath in Purse and Person p.6.l.31. for Religion in them, r. Religion in those Directions. p.16.l.11. for Ordinance for the Supper, r. Ordinance for Ordination of Ministers.


Endnotes

*

See Mat. 4. 6 and Mat. 13. 15.

*

In severall populous towns in the Low-Countries, scarce every 5th, nay, not every 8th person (as I have been credibly informed) is immembred into any of their Churches, and yet the government of the Nation is reputed Presby teriall.

*

The following footnote text is unreadable and Liberty Fund has made no effort to partially transcribe it.