Paragraph 1. The occasion of this Discourse.

I Could willingly have still shaded my self within the Bower of si­lence: Being no apt Disputant for a weighty Cause. But seeing this dangerous Weed, Sedition, unthank­ful and perverse: bloom saucily uncon­form'd.

I could not restrain from giving the world some Glimmerings of this Glit­tering Saint: shrowding a devout Fraud un­der the Crimson Mantle of the Spirit: some filthy Fiend crept in at [...] back door; en­raging Vulgars to scoff at Law, and taunt at Majesty: And if the Tree be known by the Fruit, this Ghost without Galilaeou's Glass, to pry into the Gisard: may prove an apparent Impostor, or whiffling Cheat; [Page 2] leaven'd with a greater Dose of the Conspira­tor, than Phanatick; when Designs are mel­low, to foal Rebellion.

Par. 2. A good Spirit is tractable to Law.

A Righteous spirit sent from Heaven is pliant, and passive, submissive to Thrones: and for favours kisses the hand, with an humble and prostrate knee: But this ugly Bold face, this Carrion Hagg, through cockering is become most haugh­ty, and rages Aloft, stark Rude, up in the Boughs, and over Rampant; even va­pouring and kicking at Authority.

When Sedition grows mutinous and hai­ry, gibing at Law, and frumping Magi­stracy; near sledg'd to flie into Empires face: 'Tis high time for Governours to look about them, lest the State be over-much Disquieted and Distempered by too long forbearings.

I shall not be Blithe with the Amused, the poor mislead Wanderers: only blush some shameless Deluders, that will take no warn­ing, but like resty Bulls of Bashan, over hedge and ditch, that no Ecclesiastical Canon, nor Secular Fence can hold them.

Par. 3. The most Prosperous ever moaning.

WHen I travel the Region of Frailty, viewing the many slidings that attend humane nature, I find none so Doltish and Inexcusable as the Pantings of the most Happy, to whine and pretend Infeli­city: like Crocodiles that blubber much, when most Designing to devour. The Boorishness of others, now their heads are well fastned to their shoulders; to flurt and abuse Clemency, I much lament: after the Gratitude of Harpies, to repay Favours with Fury; at the long run to destroy themselves.

Such is the unhappiness of some un­quiet and peevish Moaners; glutted with the Dowries of Heaven, Preedom, Peace and Plenty: blessings which doth not only disoblige our Ecclesiastick Amusers, the Chatterers against Monarchy, but even di­stract them: being sadly unthankful and pettishly Blinded, without veneration for either. And without a straight hand, the Fretful, the Sucklings of Sedition, will rabble on in this testy heat against the State, and stand in little awe of an Or­dinance Royal.

Par. 4. Their Exceptions meer sandy Cavils not worth Answering.

THeir rombling Schism hath been shamefully refuted by their own Tribe, 'tis bootless for me to undertake such Hobby-horse whimbles: the Cross in Baptism a Popish remain: the Surplice and Hood dangerous Mormo's and Limbs of the Beast; Congying towards the East, Cringes learnt from Rome; the scrapes of Antichrist. Pretty flim-flams, more impertinent and Camelion, than querying why Grass is green, or Blood red: no brand-new Brawls, but the musty Re­licks of our doughty Brablers: the old Disobedients, which by the abetments of Liberty and Malice, bud afresh, to the fretting of Religion.

Par. 5. Recedings from Law are Retraits from Rea­son.

I'M griev'd for wincing Scorners, the Kickers against Authority; with what Frothiness and Fury some fome to Rent and Rip all asunder; to Patch and Botch [Page 5]what is so modishly suited and exactly fitted; to hurry the Church in sensum Reprobum, or desperate Estate, as the 35 E. 1. adjudges it.

But why this Elopement, or causless Revolt from the Mother Church? for our good Redoubbors or holy Patchers well know without a Bath-koll, or an Ec­cho from Heaven, that what is now set­led, is by Act of State, no Canon of the Church; no introductive new Law, an Ex­planatory Reviver only of the Old.

Par. 6. The cause of this Distractiveness.

CErtainly this crump and scurvy Tem­per springs from the Tickley Tree: wholly crook'd through over-much Fond­ness, in listning to the night Crow: with an unmanly easiness, in obeying her Croaks, as Head; whom nature order'd though not as Neife or Heel, at best but as Heart, to associate in Amity: and not to domineer as sole Commandress. And though their Lips are not seal'd up, God or­dain'd their Tongues to be silent: And not to be at Rovers, to gossop beyond the Milk-pale, or Dresser-board.

This titling Bed-parot, must on ne­cessity [Page 6](there's no disputing with Fire and Brimstone) reign as Absolute as the Mo­gul, and be Mistress Controuleress: other­wise the house must ring of Brawlings; and after a Tempest, a Shower may hap­pen. If Cow-spirited in lacking the com­mon Lerry of Thunder and Lightning, or the art of Chiding and Brabling: then the Mumps and Sullens, must be the Hen­bane Rally, to set the man beside Himself, to buckle to her Zeal.

Doleful Doctrine, that the subject, or­dain'd to rock Cradles; and slop between the Kitchin and the Dairy, should be lectur'd; to dare not only punch the Go­vernour, but contrary to nature, to prowl and pout even for the Scepter: For Man by Precepts from Heaven, and Commands of Nature, is Sovereign: and the Female by both subjected to his very will, and born to obey.

Domineerings per force are morally Essoinable.

This pratling Nightingale, is in part excusable, and may come off without a white sheet: for shee's not only sermon'd, and privily buzz'd in the ear; but conjur'd, indeed over-haunted, even worried out of her wits, under Threats of future Fire, [Page 7]by our Church-Ravens, to promote the bon­ny Old Cause, with Curtain Lectures. And if Passion may not rule the roast, or she wear the Breeches, for the Confessor to pick out the Pictures: then to turn Ran­tress, scold Reason off the Perch, and hawk with her own Spaniels.

No Ministress of State unless justly Entituled.

Out of Tenderness to the Sex, and for several other causes, the Law doth wave the feebler Vessel in all publick Employ­ments: being never so much as call'd or sworn to the Law, only entrusted with the care of the Family, which is no Niefty or home Drudgery, nor the Italian or Spanish Mew, but Promotion and Favour: for she's left as domestick Princess, with the power of Cover and Key, to rule within doors; which is the female calling, the main end of their Creation: House-matters the Spit and the Boiler, being too womanish and Abasing, beneath the Dignity of Man, to cum­ber himself with.

But in case Authority, or inheritable Honour be annex'd to the Blood and Pro­geny: as the Crown, or other descend­able Dignity; then for the regard to the right the Salick Law takes no place: the [Page 8]Sex is not distinguishable, Presuming they'l never adventure Abroad, to transact pub­lick Concerns, unless usher'd by virile Gra­vity.

The Factious Female commonly a Tyraness.

For quietness sake the soft-pated are usually Hen-peckt, and overcome with night Twattles, and quite mump'd of their manliness: they tell us they'r en­forc'd to sit down by this blockishness, or to be tired out of their lives with scold­ing and pouting, and the house quickly too hot to hold them.

Par. 7. The reason of this plainness.

THE opening this window, with ha­sty Readers may be thought too great an Airiness, unbecoming the Gravi­ty of a politick Arguer, indeed the mo­desty of an advised Pen, fitter for light-pa­ted Pantalooners, quiblers, or quaffers.

For Proselytism not Table-talk.

I call God to witness I write not flout­ingly, out of a frumpish humour, to raise [Page 9]Passion in some, or Pleasantness in others: but seriously, in obedience to truth, to un­seduce the poor enslaved souls: in shewing the fraud and weakness of their Teach­ers; on what slender and fallacious Wyres their Doctrine hangs: to the Hazzard of their highest Welfare, if not timely Pre­vented, by broken Hearts and a full Re­version to the Church of England.

Neither Wanton nor Rancorous.

This may suffice for my smoothness of heart, in speaking thus plainly; for 'tis well known, their cause not being so currant, to endure the open Light; they're fain to dispence with small creepings: And glad to take into their assistance, the she­stickler.

Par. 8. Prelacy a graceful Prop or Column to Nobless.

WHen I consider the use and Gracefulness of Learning, with the necessity of the Priesthood, or we might degenerate into Brutism: I greatly admire Coranto, or by what co­lour of Law or Prudence any well-bred person, especially the Tribe of Honour, should discover a routish spirit in roving from Prelacy: to uncrown the King and un­noble themselves.

That which corresponds best with Mo­narchy must needs garnish and strengthen their order: It checks the sauciness of the Perones, those boggy flouters, or fronts of Impudence; and thereby offers Incense to Honour. For should the Church be reduc'd to that Beggery and Meanness: to quiet the rage of some pudling Elopers, the grumblers against Prelacy, Monarchy would soon be darken'd, the eyes of the Church be­ing put out, and Nobility must then on course be totally eclipsed: If the sub­stance [Page 11]fail, the shadow must vanish. Ma­jesty being the Sun and Temple of Honour, and that but the Reflex or Adjective of Sovereignty. In nature the Accident will perish, without the coherence of the Subject.

Par. 9. Scoffings are usually retalliated.

AS some in their grim Taunts have err'd too deeply against the very In­terest of Learning: and must respond one day for their Treachery unbecoming Schollars: I fear others having sinn'd a­gainst the Rules, and very Instinct of Ho­nour, may suffer for their frowardness, beneath Gentlemen, in their sharp Es­says, and quipping Brawls, to crucifie the Church; the sojourner of the soul, and Buttress of their own quality.

Caution to the Worthy.

In a word, let the well-born take Pru­dence by the hand, and counsel with the concerns of Greatness: And they shall find 'tis Debitum Honoris, a Law and Du­ty levant on generous Blood, to have a care of Monarchy, the soul of Honour: in that they must leave nipping the [Page 12]Church, the comely Auxiliary to the Crown.

Par. 10. Calvinism calculated only for Commonwealths.

The cry'd up Discipline well becomes Geneva or Amsterdam; popular States: where the Muses live under Hatches, with Winter usage. And mudling Bartery, Ho­gen Mogen, capeering on the top of the wheel, bearing all the sway: But for great Britain, the Region of the Graces, and Climate of Dignity; more congruous with some is the Regiment of Rome, and less bitter than to grone under a Mytre, in every Ham.

Prelates must abound in good Works.

I find by the Statute of Carlisle, that the end of Prelacy was not to be always Hammering in Pulpits, solely to gram­mar us in Grace: But for the Conductors of the Soul, to be hospital, dolers of Alms, and samplers of Piety: duties not feasi­ble without Temporals. But to fortifie the Church in her Estate, smells of Papistry; to dismantle her, and eject the Revenue, smacks of Zeal, and nods from Heaven.

Par. 11. Monarchs ought to be Masters of both Tables.

No Prelate, no Prince, is a true Maxim of State, though much vilified and scoff'd at, by Anti-Kings and back-friends to Dignity: 'Tis as hard for Monarchy to live without its Image, or Representative in the Church: as for humane Nature to breath without the Elements. Sovereignty is a replete com­pacted Body, and Impartible, if the Church interfere and clash with the State, and struggle for a joynt-partnership, how can the Scepter continue its Prerogative, or the People their Priviledges?

In Polyarchy a parity in the Church may be tolerated; neither there safely, for the Temporal Sword must strike to the Pastoral Staff. How this will relish with some Anti-Romanists, that flash High, and scorn to stoop at small game, let the Judicious determine.

Thus Prelacy, if the Interest of Mo­narchy be duly adjusted, is à sine quo non, so needful an assistant; without which Monarchy would soon be abridg'd and fetter'd, and the first file of Subjects tric'd [Page 14]of their Peerage: a truth with the remo­test allies to Honour, elemented but with a grain of Sobriety. In brief, Opponents of Prelacy are Foes to Order, on course frigid Amigo's to Dignity, the gradual scheme of order; in truth, as frosty to Sovereign­ty, being too near akin to Polyarchs; cousin-germans to Anarchy.

I write not thus warmly to claw; Ad­ [...]hiring none, though some are richly qua­lified, and adorn the consulage. But bare­ly in Defence of the Order, the Catholick Cause of Gentlemen; for should the supernal Power but deal justly with us, in punishing our ungratefulness, for not uniting and lauding his mercies, and suffer Monar­chy to be once more expelled: what then will soon become of Gentlemen, and all sober persons; the leanest pate that ne­ver schooled farther then Puerilis or the Accidence must needs be sensible.

Par. 12. Virtue not courted but for the Golden Fleece.

WHat makes this odds, these Windy Tootings, fighting with shadows? if a Prelate be any way peccant, let him be dethron'd and punished: if the Cu­rates be tardy, if dumb or vicious, let [Page 15]them be chastiz'd and Depriv'd: this must needs end the Quarrel, and make up the Breaches, in Charity and Peace: for the Function to suffer were horridly shameful, even beyond Barbarism. England is a very cold clime for Virtue, were not the Ge­nius sweetned by Preferment; few would sweat to crawl up so craggy a mountain, should the Government then be Anniented or thrown off; nay, at all more clipt and embased, for no Crime or Booty imagin­able, but purely to humour Churlishness, and Avarice of Novelty: Learning will soon decline, the Monarchy wither; all Gradati­ons of Honour fall in Contempt and Derision.

Let me Adventure to advise noble Per­sons not to be entrap'd with the Syrens of Division, whom they will find inwardly Hocus-pocusses, and Antipodes to Honour, hasty to inter the existent Array of the Church, as the swiftest medium, to in­tomb Nobility; thrust out Religion, and in troduce tyranny and blindness.

Par. 13. A Pey-bald Government no good Fashion for Princes.

A Sweet motley Ruling Monarchy in the State, and Democracy in the Church: [Page 14] [...] [Page 15] [...] [Page 16]I wonder what Goblin doth prompt some to hearken to these infectious Charmers, the Fatlings of Sedition; when 'tis visible by late Practices, their weedy Positions are ugly Spiders, though wrapt in webs of Musk, crusted over with specious Dis­guises, and sented over strong (to catch the weak) with feigned Zeal: And no Sorcery so out-ragious and hard to be expell'd, as the ve­nome of Sedition.

It had been a proper sentence for Da­rius's Guard to have quered the strength of Sedition; but to have Bequeathed to Po­sterity the aculeate and aptest Receit, to cure the Mockers against Majesty; lest from the Driping-pan we leap into the Fire: would have merited a Princely Ad­vance indeed: even beyond the Honour of being Darius's Cousin.

Par. 14. Flagellets of Faction Pipings dangerous for Princes.

ILLƲD possumus quod securè possumus: that's to be done, which [Page 17]is Consistent with safety: is a Cordial of State: and Majesty is not to be Decoy'd and Whistled asleep, with Flutes of Fraud: for were Boutefeus, and fomenters of Broils gratified in their De­mands, 'twould not quench the Flame: they would still be Mining, never give over blowing the Cole, till they had blown up the Hierarchy, and so De­thron'd Monarchy. Which verifies the Maxim at Common Law: Once Pra­vous, in Presumption of Law, for ever so, in the same kind of Pravity.

The Vena Porta, and master-vein of Monarchy is Jurisdiction Ecclesiastical: which the Surrogates of Strife, will as soon permit, as Fire to Cohabit with Water. And if the Hooters against Prelacy, hagg the soul; Instilling what Principles into the Laity they please: So­vereignty must soon fade, the Power of the Keys being in them to lock and un­lock the holy Portal; or to Absolve and Retain, as they list. As is the Dri­ver, so must be the Drove: [Page 18]for who dares Disobey Sub poenâ of Trou­ble and Shame here, and hereafter lest the Key be turn'd against Him.

Therefore on necessity of State, Eccle­siae Interesse Regum Tutela: the Tutelage of the Church must be Sovereign Care: to keep out the Slighters of Discipline, that would soon Devour both; if they once get but the Mastery of either.

Par. 15. The Interest of England: the Protestant.

KIngs must die and States determine: but the Interest of either, like the fair Diana and Mi­stris of the world, Truth; nei­ther alters nor dies: Now, The Interest of the Sovereignty of England is the Protestant: and the Elegant [...]st Regency, of that Church is Prelateship: that's the natural Element, to lead a quiet and divine life: any other way the gayest, will prove as uncouth and Hag-like to continue: As to stive up Fish without water, or Socrates without Air.

In fine. The Spiritual and Temporal Grandiship are wreathed in the Diadem, without either it will not be worth wearing.

Par. 16. The State marr'd in the mashing of the Church.

PRelaticide Confounds not the Church alone, with Parity; but the State likewise with Ovelty, or brutish Equali­ty: Contrary to Nature, which hath or­dain'd, a Presidency and better Hand among all Created Ex­cellencies: which I guess no Peer, nor generous Person, can well Digest: to have every pedei Creeping Fellow, every dunghil Skip, Crow over Him: And become his Superiour and Chancel­lor, in Church Censures.

Lay-Eldering meer Lumber.

Such Trash are their Lay-Elders, unfit to sit with the Hines of their Flock: a [Page 20]peerless Chancellorship, or modish Form; for blue Aprons, and every buffoon Pe­destral, or high-shun Boor: to visit No­bles, and inspect Gentlemen; more nar­rowly then the severest Inquisition.

Their Discipline Tyrannous.

A sweet Religion for a Prince, to crouch to a Crop-ear'd Bramble: to be within the Lash of every Jack-straw, and snivel­gut Changeling; not only to be sen­tenc'd, to the Lockerum or Cam­brick Penance: But to be unhors'd and Disceptred too, when his Rebelship plea­ses: And what's this but kneeling to Moloch, that we so much rave against; overt Popery without a visard Mask, or dark Lanthorn: which would quickly be more detested and cry'd out on; then the Focage, or the pedling Brocage of Lombard-street: Rising to a great­er Timpany of Dish-clout Bondage; then ever Athens, Rome, or even Egypt endured.

Strandings Eschewable.

Therefore Princes had need beware of these Quick-sands: and the wor­thy [Page 21]take Heed, they halter not them­selves: And whet a Knife, to cut the Thred of their own Honour; Duck­ing to the Dagons of Sedition, will inevitably do the Work.

Par. 17. Tidlings over-Fond and Dangerous.

BUT some Regard must be had to the Herb-Eaters? were not the scruple more Toying, than Mar­veils or Push-pin; 'twere Debatable: but to strain at straws, and swallow horse­loads, is most unsufferable.

Admitting a Tenderness indeed, with some brain-sick Professour: 'Tis safer and more Consonant to Christian Policy; to imitate the Fundaments of the Common Law: in suffering rather a mischief, than an Inconveni­ence: in exposing our Feeble Brother [Page 22]to be Felo de se, to Pine and Perish too: then to affect the Church, with the least spark of Schism: in dancing after a Ge­neva Taber, or Northern Bag-pipe; in To­lerating his Folly.

All's whiteness and sanctimony no Offensiveness offer'd.

But what stumbling Blocks offend the Cripples? The Road, as even and easie, as if Pav'd with Ice, or strow'd with Dowl: more fragrant then Perfumes of Myrrhe.

Pulers to be tutor'd not Tidled.

If any offence 'tis Taken not Gi­ven: if an Humorist will not eat of good Food, when set before him; but out of Doggedness, Pule at the one as un­clean, at the other, as Polluted: reject All and Starve, his suicide or Capricious Ruine, may (without Blame to Church or State) fall on his own Head, being his own Destroyer.

Cautionary Laws Requisite.

But will not this blockish Coyness, en­force [Page 23]a Law? to prevent the like Hu­morous Novice, from self-Homi­cide.

Conscience not reduceable by Storm.

They say there's no storming the Con­science: a starry Fort, that can't be Re­duc'd by Force: but by the Spiritual Militia, on precarious Terms, with flying Colours: leaving it still, to bask in its own Phrensie; waiting the good Hour of S [...]rmacida's Victory.

Apt Doctrine, to be Prostrated to Diana; but the Feet of Gamaliel will brook no such Oblation.

Par. 18. Miseration no good Medicine for Stubbornness.

IF a mad man will not be rul'd; is't not lawful to use Force, and Corporal Pains, by breaking his Limbs, or more; to preserve Him and others, if Danger command it? may we not Reason from the Body to the Soul: must we meet our Brother, Posting to Hell full speed; with Blasphemy in his Mouth, and Apostacy in his Heart; and not stop his Career? [Page 24]If fair means will not do it, why not foul (as some call it) or Enforcement of Law: with the Apostle, to save his soul from Death: And his Body too from vials of wrath, that otherwise might over­take Him, should He wallow, in that damnable Estate: And others too for their Recreancy and Remissness, in Per­mitting so much Deadliness to live: which by the Judicials was severely Pu­nish'd, and ought to be with us, with an harder Penance, then Sandals, or an hair Shirt.

Righteousness mistaken.

Thus if the Church enjoyn Ʋnique Consort in Divine Worship: a wrigling Conscience (to live lewdly at his own Rate) chops in; to go his own way, though it lead to Hell: if the Law ar­rest this Caitif, to drive him into the Right: this is Persecution. O blessed God, what prodigious natures, doth thy Poor Spouse meet with? all Decencies must be Abandon'd: the very Bible burnt and the Alcoran profess'd; to tiddle every Crack-brain'd Dissembler, every sniveling To­ny: otherwise to be Branded with Ty­ranny and Persecution.

Par. 19. The wildish Pretender possess'd with waspish Rudeness; scourgable by Law.

I'M inclin'd to Piteousness and Civil Quarter: but if the Hold of Blasphe­my, may not be Assail'd, but the Redu­ction left to the Spirit; I doubt of a Con­vert, obstinacy being a Misplea, in the Leet of Piety, not issuable in Heaven: the Magistrate being Sworded, not to trifle with Domitian; but to uphold Hezekias, and suppress Shelomithes.

Neither is this Presidentless, for the potent Master of Holofernes, enjoyn'd uni­versal Worship to the God of Shadrack and his Comartyrs, Sub-poena Capitis, on Pain of Death. Unto Daniels God, was Ascrib'd the like Devotion.

Par. 20. Blasphemy Brandable by the Civil Law Capital.

BY the Common Law, the Blasphe­mer is Infamous, and therefore grie­vously mark'd; with a Print of Horror: By the Civil Law He's punish'd with ul­timum supplicium, even Death: the ex­ecuting [Page 26]Hand (according to the Fa­ther) is sanctified by the Blow.

Vagrancy from the setled Church: in Law, Partial Apostacy.

By some Books, I find wandrings from their Habit, or Order of Religion; to be Revoltings, or legally Apostacies: And that the Law, hath Provided, a spe­cial Capias to restrain such Gaddings by Reducing them, to their Canonical Obe­dience.

Par. 21. Conscience in some sort Governable by Law.

THus the Supreme (as Vice King of the Soul) may Command the inward Man: There's no Demurring to his Edicts, Contempt is no less than Damnable: if a Bur to the Soul, or tru­ly nauseous to the Judgment; Passiveness must be the Cure, and ultimate Appeal.

Ʋnity in Religion Inforcible in Conscience.

It cannot be Denied, by any Civil [Page 27]Christian in his right senses, but that

• The Magistrate hath Power in om­nia mala.
• The best Conscience is too bad and mendable,
• On consequence then, the Magi­strate hath Conusance over the Conscience.

Which is but Reasonable, for temporal Rulers are bound to have a Care of Souls, as well as of Bodies: And must Answer if they Perish, through their neglect.

Par. 22. The Guardianship or Charge over the Consci­ence not Dispensable.

WHich we may more lively illu­strate by a

Decision.

A Minor or one under 25 years of Age, is Inspected; and by false Proof, Adjudg'd to be at full Age: under this Pretext of Ple­narty of Age, He receives a Debt due to Him: which He spends loosely or squanders away.

2 Questions.

1. Whether the Debtor be sufficiently Discharg'd.

[Page 28]2. Whether the Curator be Releas'd: or still bound, to oversee the Trust: and so liable to account for the wasting.

Payment Real a full Discharge.

1. For the first: I find the Debtor safe enough, being fully Acquitted: the Common Law, by the 26 Eliz. doth in some sence, quadrare or readily Assent, in case of Infancy: As in an Executor, if Payment be actually Prov'd, it shall Bind. But Regularly in most Cases, infra aetatem or Nonnage, is a good Plea, to avoid all Acts and Deeds.

And the Civil Law is as Cautelous, the Minor being uncapable, to oblige Him­self: without the leave and Concurrent assent of the Curator.

Dispensing unseasible.

2. For the second, (the great Point in Con­troversie with us) the Guardian is liable, to answer the wasting: for that He should still have continued the Charge: which truly seems strange, till the Fraud were discover'd; being done by Power of Law.

At Common Law, I agree the Guar­dian would hardly be Acquitted; though with the Privity and Intreaty of the In­fant: if a waste were Committed. But if by Order or Act of Law, I conceive the Laches were purg'd; and he totally Indempnified, because Act of Law, Can do no Wrong: And in that Case, the Law is bound to protect Him.

Religion unalterable. Princes must keep to Unity.

This strongly proves, that the Magi­strate is still oblig'd (as the Commit­tee of Souls) to Continue his Tu­torship over the Conscience; in Holding to sincerity in Religion: sub periculo Animae, as He will tender the future welfare of his own soul: Though in foro Civili, here on Earth he may be Absolv'd; I doubt of his Acquittal in Heaven: for that no In­strument or humane Power imaginable, can dispense with the Charge of Souls (though with their own Con­sent) in suffering them to pursue the Road to Damnation.

Par. 23. Wavering in Religion unlawful.

TO explain this Thesis more clearly by a

Case.

A. and B. 2 Co-Rogues or Comrades in Villany: consult how they may more Colourably, Beg or Steal: They Agree, that B shall Cripple A by Maiming his Hand or Foot: which is accordingly, most Auda­ciously done.

2 Points.

• 1. Whether A. may have an Action or an Appeal of Mayhem against B.
• 2. Whether B. not Inditable, for mu­tilating or maiming his fellow Sub­ject or Brother Rogue.

1. To the first, Damnum sine Injuria, be­cause of Consent will be presently pleaded.

'Tis much doubted, whether it be good: for that there's no Justifying, Ma­lum in se; being a most nefarious and un­natural Act.

[Page 31]2. By the 11. Jac. Consent will not free the Mangler or Maimer; from being soundly Fin'd, and otherways well or­der'd: for his Rascalness, in Mangling the Kings Subject: for

Instance.

C. kills D. with his Consent, and upon his Intreaty and passionate Request: this will not excuse C. from Murder, and Hanging is too good for Rogues in Grain.

Now if we have no Power, over our Persons; to Disable or Spoil at will: much stronger are we Disabled, to Bopeep or trifle with Souls.

Verity not sickle, but solid and unchangeable.

Truth is Immutable: and will admit of no change, no varying: without the Haz­zard of Heaven. And therefore Princes being Delegated by God, to oversee and govern the Soul; must not turn Wa­verers, by Tolerating Weavers of new Gods: they cannot allow [Page 32]of an Alteration of Religion, by jeopard­ing the spirit to Hell: by any mortal Consent, or legal Contrivance.

The Apostle is full in the Point, by saying the Magistrate, is Dei Minister tibi in Bonum, that is, the substitute of Heaven, for the safeguard of the Soul, as well as for the Tuition of the outward Man: And therefore the same Apostle, enjoyns subjection, not only for Wrath, but for Conscience.

Par. 24. To pride our selves sager than Law: Is both vain and unmannerly.

'TIS a Maxime with Lawyers, that none ought to plume Himself wiser then the Law: with sober Heads Oracle-like, be­ing Unquestionable: many Acts of Law (as common Assurances of the [Page 33]Realm) are sagely to be Agreed; and not finically Pry'd into by peevish Eyes: The like Compliance is to be Render'd, in Church Discipline, if once setled and Established by Law. But Ephesian Dis­ciples, as Careless of the Gospel, as Re­gardless of the Law; otherwise they would leave Bellowing against Order, and stoop to Power; they must be Law­less: And down with those easie Mounds, and moral Regulations; which the Ma­sters of Skill, joyously treat with thank­ful Arms: Let some jocous Ramblers take Heed how they gibe with Law, to hector Majesty! 'tis not good Joking with Edg'd Tools, Deity hath a large stride to take off Scoffers at a Distance: And haughty Saints are sooner snapt, by the black Tempter; than poor Frierly or Bare-footed ones, pallisadoed with Humility: which like Rampires of Fire, will shield them, a­gainst the sharpest Conflict.

Spiritual Trivantings Censurable.

By Martial Law, every slide is a Crime in a Souldier; contrary to express Com­mand, or Common Discipline: the like by the Law Canon, Behaviour besides the Church Rules is scandalous; Enquirable by [Page 34]the Censures of the Ordinary: Eman­sion or Military Loitering, is often sen­tenc'd to the Wooden Horse, or to run the Gantlet: if our Church Trivanters, find the same Consideratum est, or sage Rule awarded against them, let them Pack the right Horse, and laud their own Stubbornness.

Par. 25. The Forceableness of a Statute.

IN a civil sense, with Legal Heads; an Edict fram'd by the King, and the Common-Council of the Realm: resembles (in State) an Instrument or Charter at Law. And can any at Plea­sure, vary or Revoke his own Deed? A Deed is ever taken forcibly and with Effect; a Rule very trite and Common, yet of great Depth and Elegancy; founded on the very Pithiness of Reason, which instructs us, to set a Guard on our Tongues, and Hands too, that nothing escape either, but what's Judicious: it likewise quiets mens Possessions, and leads the Judge and Jury to Certainty, in A­voiding a sudden and Catching Opinion.

Hence arises the Principle in Law: None shall be receiv'd to Stultifie or Disable Himself: that is, to play fast and loose, to nullifie or defeat his own Act.

For an Example

The actual Delivery of an Instru­ment, without words is good: if given as an Escrow to take effect, as a Deed, on Conditions per­form'd; this binds not: or deli­ver'd triflingly, it invalidates not the Act: in both Cases, the Deed absolute; otherwise Deliveries by the speechless, would signifie no­thing: and many Deeds and De­vises frustrated & Avoided. There­fore if the Obligee bail a Bond, to the Obligor, to Rebail; yet the Obligee may retain it.

For a more vulgar Instance in Honour of the Common Law.

If J. S. grant an Annuity to J. N. with a clause of Distress, in his Mannor of Dale; Provided it shall not bind his Person: And [Page 36]in truth the Grantor has no such Mannor; however the Grant good, and the Proviso void: for by the Maxime, That none shall derogate from his own Grant; the Person of the Grantor is Chargeable: I find the Civil Law not so Ample in this Point

As by Decision

Titus devises to Caius twenty pound, out of such a Coffer, or Closet in such a place: And in truth, there's neither Mony, Coffer, nor Closet in that place; the Bequest is void. But at Common Law, this Cir­cumstance would not frustrate the Gift; if Assets elsewhere could be found.

The Effectualness of Deeds.

If a Deed defective, in the usual Forms, be Janus-like bifronted, bearing a dou­ble Aspect: Having two Intendments, the one with Law and Right, the other against Both: it shall be taken in that reasonable sense, it will bear; never be [Page 37]void, if in any Congruity of Reason, it may stand good.

As in an obligation, solven'd to the Obligor; this slip is excusable, and shall not avoid this Deed Poll: the Law shall expound the solvend to the Obligee.

Regularly in Law, if an Act will ope­rate Diversly: either by way of Interest, or Authority; the Law not delighting in Images and Shadows, but in Certain­ty, the nurse of Quietness; shall ascribe it to the Interest, and not to the Power: Fi­ction must vail Bonnet to Reality.

To explain this by a Case.

If J. N infeoffe J. S. and his Heirs of sale: And by another Deed, in­state Him, and the Heirs of his Body, of the same Land: giving seisin according to the Purport of both Deeds: Quid indè operatur.

Limitations very Prickley, that pose the best Students: that the Deed may not be impeach'd, but hold forcible and good against the Ma­ker: And if not Holdable by In­tireties, the Law will Marshal it, [Page 38]to Enure by Moities: that is, an Entailement in one Half, with the Fee Expectant: And a Fee Ab­solute in the other. Thus Livery Expounded Effectually, against the Grantor.

The like in a Syntax of State; we are Tied up, from Whiffling and Grinning, against Uniformity: And must give Obe­dience.

Par. 26. Denying of ones Hand not Available.

IF any plead nient son fait; Hoping thereby to slip the Collar, in Avoid­ing their own Deed: unless by Nonage, Manasse, Duresse and the like (being for­mally Pleaded:) 'tis more then Impru­dent; frivolous in Law and Equity.

To Exemplifie this by Troynovants Case.

If A. owner of a Toft, or demolish'd Messuage in Cheapside; Conver­ted into Ashes, by the late Fire: let a Lease Indented, for a Cen­tury or Milliary of years, of this Land to B. ex mero Jocu, jo­cosely out of a Frolick and Dis­port [Page 39]only: without any Terms to Rebuild, after the prescribed Form, rendring Rent: Here's a good Estate vested in B.

This sportful blind Bargain, shall work by way of Estoppel: And the Lessor (A.) during the Term Concluded; from Pleading the Act was Jocular, by way of Merriment: not at all serious, or in Ear­nest; ever legally intended, and so nudum Pactum, a naked and void Grant.

Mal-a-wise or Nescience invincible of the Law will nothing avail: so of the Universal Deed, the Statute: to which every one is a Party: 'Tis more than Turbulent, even Disloyal; in Ruf­fling against the Stream, to repeal our own Act: to baffle Authority.

Par. 27. Law binding, though not solemnly Divulg'd, by open Publication.

A Charter (in Judgement of Law) is no more, then a fair Copy, of the minds of the Contractors: to prevent mistake and strife, Recorded into Paper or Parchment: when Executed, that is, [Page 40]seal'd and Deliver'd, made Authentick; baptiz'd a Deed: which is a private Law between the Parties. So the Publick Charter, the Statute; in Constru­ction of State, is no more then the Re­solves of the Supreme, declar'd in Print: to which every Subject breathing, with­in or without the Kings Dominions (though never Proclaim'd) is bound to give Obedience: for if a Law be Pro­claim'd, 'tis of Favour, not of Necessity, it being Presumable, none are Ignorant of their own Acts.

Par. 28. The Blessedness of the Change.

GOD be thanked that after a long and base War, we are now in a Stable Peace: nothing unsetled in Church or State, but mutinous minds. The petty Princes of the Country, may ride out and take the Air; to Hawk and Hunt, and visit each other; without the least Dan­ger, of Sword or Pistol: And the mean­est Clown, walk abroad, to over-look his Pecora Campi or Grasing Creatures; without being bid stand: Pot and Pipe on his smoaky Hearth, and chat blind Stories [Page 41]of the old Wives of Windson, Guy, and Colbrond: And his Broder Swain, requite him with the like Stultery, of Bevis and St. George: And Ethically like the Tat­lings of Busie Bodies, or Bickerings of Shrews; go for a Gossops Tale, as inar­ticulate blank sounds.

The Sereness of a Record.

The like judicially, with the Hond on the Book, as our Bacon-folk phrase it: Jamee may depose in the Affirmative, and Tomee evidence a Negative: and neither Conclude Court or Jury. But if a Record once interpose, no Averments or Brawl­ings; of the High-Plyers, or better sort of Rusticks: and the sparks of all other Conditions, shall never Contradict it.

For Example.

If two Conservators, or Iustices of the Peace, assemble to view and suppress a Riot: if they Record the Offence, though in truth there was none; but All in Pace Dei, in Sobriety and Peace.

However by 15 R. 2. & 8 H. 6. there's no Traverse or Creeping Hole, to get out of this Iudgment: the [Page 42]Parties are for ever estop'd, and without Remedy.

I learn by Hildebrands Case, that what passes during the Term; 'tis in the Justi­ces breasts and Alterable: But the Term ended, Adjudicatum est, 'tis only in the Rolls; of which after the Course of the Medes and Persians, there's no variance, no controulment.

Wilful Blotting a Record, Capital.

Writings may be blurr'd, and Deeds defac'd and cancell'd; and the Purse on­ly smart for it, Ratably as the Damage will amount unto: But the Embesiling and Rasing a Record, will cost ones life. In brief, an Inrollment or Record, is a Memorial of that Command­ing Veneration and Verity: that if Pleaded null tell Record, it shall be Tried only by it self, being Incon­troublable: otherwise there would be no result of Argument, and Contro­versie endless.

Now a Statute is the Highest Re­cord; [Page 43]against whom there's no Pre­scribing, nor Alledging a Custom: be­ing the Convincing'st Evidence, and soundest Proof in Law: And to endea­vour the subversion, of the Fundamen­tal Laws of the Land, is High Treason: And what more Positive and Fundamental than a Statute?

Par. 29. Improbable to be bound to Tyranny or Super­stition.

CAN it be thought, that a Na­tional Act, resulted by a Convent of Honour: Kneaded into Form, by the Critical Care of both Houses; on whom all Power is Collated: first the Lords Spiritual and Temporal, in Presumption of State, All VVor­thies: After recluse Debates, dige­sted into a Bill; in the Form of Law, with Le Seigneurs ont assentes: with the Concurrence of the Commons by the Direction of the Writ, no Triflers; [Page 44]but De gravioribus & discretioribus viris, the Eagles of the Countrey; with Les Communes sont assentes: thus strictly Refin'd, by Grave Traverses and Forms of State; and lastly Compleated, with Le Roy le Voet, the Royal Assent: should savour of Madrid or Argiers?

Privity of Assent Obligatory.

Thus no Act to bind, unless made per l' Assentments of the three Estates: But in Law every one is Privy to an Act of Par­liament, and Consent judicially doth toll Er­ror: that is, no Excuse or Evasive Pre­tension, shall be Admitted against our own Agency.

To Expound this by a Case.

Lessee for years, at Common Law, makes a Feoffment in Fee, and deputeth the Lessor by Deed; to give livery and seisin, who pur­suantly Executeth it.

Now though the Lessor, or owner of the Land; acts only as an Instrument; to Compleat the Tortiousness of the Les­see: yet done of his own Accord, the [Page 45]Law intends it; as walking Hand in Glove with the Lessee: with a full As­sent, to pass the whole Inheritance.

A stronger Instance.

The Pleading of a Feoffment in Fee, on Condition; without Deed and Reentry is good: if the Ad­versary will agree the Condition.

Complotments against Law, unsafe and end in Ruine.

I wonder now, with what Confidence, Les Misfesants, the Affronters of Authority dare toot Sedition: in standing out against Sovereignty, and Picqueering the Law.

This sad Frowardness, towards the Church; is to every good Subject, an ob­ject of Mournfulness: that of all People we should be most unsetled, as the Vi­vary of Faction: in strugling against Law, to reduce this famous Empire, this Angleland, to a Green Apron Go­vernment.

Paragraph 30. Sophistical Cavils or idle Belchings against the Common Law.

THE Honour of England, the Common Law; with some Dissenting quaggey Heads: is overfull of Meanders and Intricate; too Tartish for some nice Craws: Though Admir'd in times past, by the Romans, Saxons, Danes, and Normans: And still Venerable with the VVorld of Learning.

The usual Reproachings against the Law.

1. 'Tis tatled by Cavillers, the Law be­ing the Clock that we must go by; ought to be more Legible and Plain, to the Vul­gar: not couch'd so Darkly, in meer Gibberish or Pedlers French; understood [Page 47]by few but Lawyers. Neither is this Fault alone found by them, but Com­plain'd on likewise (as an Abuse) by one, Learned in the Profession.

2. Secondly, if the Law, be Radiant Reason, streaming pure Excellency; why visarded or bound up, in hard uncoth words, Discoverable by none, but the Pro­fessors? which is no better than Tyranny by Authority: for in nature Quod omnes tan­git, ab omnibus Intelligendum est, That which Concerns all, ought to be Intelligible by All.

3. Besides, 'tis too Prolix and tedious in Form; the Pleadings being drilling Cri­ticisms, or talkative niceties: indeed with some plain Canting, over Draining the Purse; before we come to an Issue; to be put out of our Pain.

4. If through vast charge, we hap to Catch a verdict; motion will be Allow'd, to arrest the Judgment; and vacate all Proceedings.

5. If we shoot this Gulf, and get Judg­ment, marking the Roll for Error, will supersede it: And then we must begin [Page 48]again, so that there's no End of Law.

6. If for Testamentary, Matrimonial, or Sea-faring matters; we Repair (accord­ing to Custom) to Doctors Commons: we must Expect Rubbs too, the Checks of Prohibitions: so that with the Advice, of the ablest Sternsman, the Law is Shelfs and Sands; both chargeable and altoge­ther uncertain.

These and the like toothless Rable­ments, with the unadvised (the Toot­ers against Excellency) are the Moles and Warts of the Common Law.

Par. 31. The Cavillations Defeated and Satisfied.

1. FOR Horn's Complaint; that the Law is written in a brackish Tongue, and speaks not good English; for every giddy-pated Runner, to read and under­stand; by the VVise 'tis thought the better, to prevent suits: for small know­ledge would set the Vulgar a Gigg, and fill the Courts with meer Brables: If they Doubt, let them down with their Dust, [Page 49]to the Noble Lawyers, they'l soon Resolve them.

Divinity is much in the Mother Tongue, with Astrology and other Arts; but who's the abler Divine, or better Astrologer? if Coverted in Characters, uncipherable by none, but the Learned; 'twere the Better.

The Law not Blind-folded, but visible to Dis­cerning Judgments.

2. That the Law is Lovely; and out of Dispute a Paragon: but Hooded too close, and not Discernable by some open Eyes: Is no Dis-worship and so slan­derous.

Law-Terms words of Art, and most significant.

The 36 of E. 3. allows of those Veils, as Shades and Airs, incident to Science: vocables (though obscure) very Empha­tical, and most Expressive of the Law; and best known to Lawyers: the like in use with other Professions, and so Incor­porated with Law; that they're now be­come very Essentials: therefore words of Art, shall not be supply'd, by words aequipollent, or that tantamount, to the [Page 50]same sense and force: though in many other Cases it hold good.

For Example.

A. voluntarity without any Provo­cation or Abuse offer'd, And of precogitated malice slew B. Is not sufficient, in an Indictment (in favorem vitae) without murdravit.

In brief to throw by the Terms, as too crusty for lay Teeth; were an over-hasty Inspection: And might Endanger the whole Firmament of Law.

Pleadings Graceful and most Necessary.

3. For Pleading, if meer Fidling and nu­gation; strange the Ingenium sine Exem­plo Maximum, or Advocate Laureat at Com­mon Law; should Counsel the Student, to set his Courage chiefly; to learn the Art of good Pleading; as the most Honourable and Beneficial Part of the Law.

The use of Pleas: The Inveigler Imprisonable and Finable.

The end of Pleading, is to unfold the [Page 51]Intrigues of the Case; to Evidence the matter of Fact: for Ex facto Oritur Jus, that the Court might more smoothly, and certainly Pronounce the Law. If not per­tinent and close, to the Point in Debate; Advantage may be taken by Demurrer: And for the Falsity of the Plea, the Judg­ment is Capiatur; for which the Pleadant shall be Fin'd and Imprisoned. But if Conscious of his Error, He waive his Plea; He shall only be in Misericordia, or Amerc'd.

Fraud and Falshood Prohibited by Law.

Hence to avoid Fourching, or Circuity of Action, Negative Pregnants, De­partures; with Duplicity and Multipli­city of matter; are Rejected: Because of Inveigling, that is, wavering the Judgment, from one single Point: which would render Causes, vexatious and End­less.

The benefit of Pleading: The Right Ap­paranted.

Many chance Cases happen, which primâ facie seem Rugged and Knotty; but thrown into Form and legal Method, [Page 52]by orderly Pleading: The matter is un­knotted, and appears more smooth and Glib; for the Judge and Jury, to arbi­trate Justice: Thus Pleading is no In­veiglement, wasting of Time, Pratling, nor Prating: But the chief Ornament and Skill of Law, in unravelling the Knotti­ness, to reduce it to an Issue.

The Law no Art without Form.

In brief, Pettishly or sowrly (for I find both Passions boiling Hot against the Lawyers) to reject all Form; were not only a great Take off, and Lessening its true lustre and Dignity; but on the matter doltishly Debasing it, as no Sci­ence.

The Fairness of Legal Forms.

In E. 3. Reign, Pleadings arriv'd to a Compleatness; neither Limping nor Picked: Counts were not Abateable, if the matter or Cause of Action were ful­ly Declar'd: And now nice Janglings, with all Ambushments pur Enginer; the substance of the matter appearing, are Rejected.

Viciousness in Pleading Disallowable.

• 1. Every Plea shall be taken most strong­ly against the Pleader: it being Presume­able, that every one is best Apprised of his own Right.
• 2. That none are so Idle and Coltish, wil­fully to vitiate their own Cause.
• 3. That every one will turn, the best side of his Coat outwards: that is, make the best of his own Case.
• 4. By a false or vicious Plea, the Pleadant loses the Advantage of the Law; and must pay Costs.

Deluding Pleas Illegal. Small Faults mendable.

By W. 1. shifting and beguiling Pleas, are Prohibited: and a late Act of the Qu. doth provide, that want of Form shall not prejudice; except what the Party Demurring, doth specially shew: so that Pleadings at present, are not Prevarica­tions or gingling quiddities; meer Quirks or Quillets of Fraud: But Forms of Art richly useful, and more stately than Studs of Gold. In fine, Beau-pleader or Care in Pleading, would prevent the Chancery [Page 54]of Trouble, and save many sweet Pounds in the Clients Purse.

4. By Arrest of Judgments, many are thereby Dismis'd from being oppress'd: the Circumstance of Fact by Error in Pleading, more clearly Arising; and Ju­stice more safely and speedily Admini­ster'd.

5. For a Writ of Error; which is no more then a Commission, to discuss and reverse Mistakes; I see no mischief thereby: for the Manucaptors must stare Juri, that is, satisfie the Condemnation, if the Judg­ment be Affirm'd: neither will the Prin­cipal, rendring his Body, answer the Law, without Satisfaction; as in other Cases.

6. The Inhibitions so much Exclaim'd on, and voted obstructive: by heady weak Judgments; the Law is therein Defam'd, because Mistaken: for in their right Con­stitution, they're of admirable use and necessity: To prevent Interfering of Courts, keeping every Judicatore, within its pro­per Bounds: That the Cause be not wre­sted ad aliud Examen, before a remediless Trier: And the Client thereby, between two stools fall to the Ground, and be [Page 55]crush'd to pieces: on good Cause shew'd that the Court has been mis-inform'd; a Consultation by the 24 E. 1. is granted on Course, and the Cause Remanded, to its proper Court.

Par. 31. Complainings against Equity.

ADmitting the Common Law, the Son and Heir apparent of Reason; pretty Just and of easie Address: the Courts of Equity, with Dissenters are Burdenous, sucking Shavers and gilded ini­quity: Being direct whirpools, one order begets Another; and we are still swung round, Toss'd from Pillar to Post; from Report to Exceptions: Till our Pockets are turn'd outwards, and at last Drown'd; for want of white Earth to wade through.

For a Cause to be Depending, several Revolutions of Mercury; 3 or 4 Prenti­ships is frequent: 'Tis better to put up an Injury, and throw our Right down Thames, [Page 56]then pray Relief in Equity: The charge so great, the Delay Intolerable.

The Freekishness Responded.

For the sluggishness of Equitable Courts; in Killing the Orator Piece-meal, with swooning Fits: and Reviving Him again, as long as there's any Life, left in the Pouch: is an ignorant Mistake.

They're Rivers of Mercy, in Asswaging the Grimness of the Law: the Causes are often weighty, having been long at Law; and they usually put in at Equity, for a Breath­ing; as well as for a final Dispatch: if they find some Pause, they may fall out, with their own Comitial Spirit, or litigious Itch, that will wrangle with Goliah for a wisp of straw: not blame the Court, that dare not to be over spurring in their Hearing, lest they assign the Child to the wrong Mother.

Equity Limited.

Neither are Courts of Equity, a sic vo­lo sic Jubeo; altogether Boundless and Arbitrary: Decrees must be Sana Discre­tio, founded on Discretional Piles, after the Form of Law: for should Equity meddle with matters, properly Issuable at Com­mon [Page 57]Law, savouring of Freehold; 'tis Prohibitible: by Hussey Chief Justice, should Equity venture, to sheak a Judg­ment: And Fleet the Parties for Con­tempt, a Court of Law, will discharge them. But in some special Cases 'tis held Unlimitable.

Law unerrable: Juries when Attaintable.

If a Court of Law judge amiss, Error leys to redress it; if a Jury wilfully per­vert Justice, against their Evidence: they are Punishable by an Attaint.

For an Example.

If a Feoffment in fee, or an Estate for life, be vested in John a Nokes, and they find Kim Kam, quite Cross from the Fact; though Ig­norant of the Law in that Point: they're in Danger of an Attaint.

The like in Equity, Decrees wrested beyond the Standard of a good Consci­ence: 'tis Reversible by Review, or Bill in Parliament. So that the Law is Abso­lute, the First-born of Excel­lency, and near Infallible.

Par. 32. Chancery legally Stated.

THe world is generally out in their Conceptions of that Court; for properly 'tis not at all made up of Con­science: of a mixt nature I Agree it, and so Conscience may come into the Chorus, and sit by Equity in some Cases; to allay and swage the Summum Jus, or severity of Law: But for the most part their Stalls are se­veral.

For Example.

If a non Compos mentis give away his Goods, or pass his Lands by Record: it shall not only bind Him, but All others for ever: Be­cause of a Maxim in Law, and 'tis Ruled that the Keeper of the Kings Conscience, shall afford no Relief a­gainst a Maxim.

Yet He shall not suffer on a Crimi­nous Account, because the Law pities his Infirmity: why not the like in the other [Page 59]Case? now, can it Accord with Consci­ence, that a Driveler or Fool natural, should make a good Grant in Law; that knows not the Right Hand from the Left; nor hardly an Hog from a Dog? or that the Gift of an Infant, though given by his own Hand; that happily can't tell Twenty; nor a nine Pence from a shil­ling, should not be void in Equity? se­veral other Instances, that I could Cite, seem to weigh much against Conscience.

Law not always Meetable by Conscience.

I confess my self a great Admirer of the Law, and therefore shall be Hush: Though as to Lawyers there are invincible Rea­sons given, in Defence of it; and should it be otherwise, it might shake the whole Course of Law: let this tutor us then, that Law must not altogether be measur'd by Conscience: If Enacted it must be obeyed.

Par. 33. More clamorous Censures and Lowings against the Chancery; Discepted and Taken off.

THE Chancery is the Commanding Court, and out of Dispute, of un­deniable use and Excellency: when kept within its Bounds: otherwise the Law would prove in many Cases, an absolute Tyrant; and not to be Endur'd. The Consequences are so vulgar and easily to be Conjectur'd, that I need not Englarge on so obvious a Truth.

1. Were the Proceedings shorten'd; and the Flippancy of Motions, to multiply order upon order, and Report upon Re­port; with other out-slips, Revis'd and Amended: the Court would be abun­dantly Honoured, and the oppressed much Rejoyc'd and Repair'd.

2. A peremptory Time should be Assign'd to Answer; otherwise the Bill to be De­creed, as Taken pro Confesso: And why should it be otherwise? since 'tis natural for the weakest Person living, to Appear and make his Defence, if wrongfully charg'd: And to be Reimburs'd of the Complain­er, [Page 61]if unjustly vex'd: And therefore Shifting by Buying of Attachments, and Dallying with the Court; implies clearly Guilt: And so no Injustice (though un­heard) if the Cause be Given, against Him.

3. The same at Common Law, is the Constant Practice upon Issue: for if the Defendant will not Appear and Plead, Judgment on nient Dedire, or by Default on Course is Ruled against Him. Which proves as Forcible, as if obtain'd on full Evidence.

Nay in Criminal Concerns, if the Party Encoup'd or Arraign'd; stand mute and refuse to Plead: He's usually sen­tenc'd to Peine fort and Dure, or Press'd to Death. A grievous Punishment, which certainly none but the Mescrue or Desperate in Guilt, would undergo. If by Pleading, or Palliating their Crimes by a Civil De­fence; they might probably find Fa­vour.

4. A set Time likewise in their Commis­sions, to prove their Allegations: with the like to the Defendant, to Discharge and Acquit Himself: would strike off much Fraud and Delay. And not to be [Page 62]suffer'd, to move for Commission upon Commission, and Examinings upon Ex­aminings: the usual Practice, with the wealthy and vexatious, to weary out the poor Adversary; and thereby obtain their Ends.

5. Some conceive that Attachments, Writs of Rebellion, Serjeants at Arms, and the like, are not of absolute necessity; especially to the Ends they are now Commonly made use of.

Neither can they Divine, if such Times be Peremptory upon them, to Ap­pear per se, or per Alium; in Person or by Attorney: what mischief can Ensue. Unless good Cause be shew'd, to induce the Court, to Enlarge the Time.

6. Sequestrations may be necessary, in case of Disobediences to Decrees: But what need of tedious Proceedings; which are mighty Expensive and Dilatory: and in effect a kind of negation or Denyal of Ju­stice.

This with all dutiful Reverence, to the Supreme Court: conceiving what I humbly offer, will in no Respect, retard Justice; nor blemish Equity.

Paragraph 34. The supposed Deformities and very Freckles of the Common Law: In­spected and wash'd off.

IF the 25 E. 3.17. were Review'd; and the Common Law reduc'd, to its old Constitution, of Summons, Attachment and Distress Infinite: according to Magna Charta, nullus liber Homo Capiatur, the Law would be eas'd of many Ex­claimings: and the Tout le Commune, or poor Subject much enlarg'd in his Immu­nities.

Par. 35. To the Insolvent a Capias hard Justice.

IF the Fortune cannot Pay, for the Bo­dy by suffering, to imp it out; Ap­pears somewhat Cruel: There being no mean or valuation between a mans Person, and a sorry Debt. 'Tis true, no Fault can be [Page 64]Assign'd in the Law; because it doth but perform its office: And the Life of the Law is the Execution thereof. Yet surely the Intent of the Law, is mistaken and abus'd: the Law Designing the Body to Custody, only as a Pledge, to avoid Fraud: that if no Estate can be Retriv'd, then the Body to be Dismiss'd: for so I find by the Peru­sal of several Records: more expresly in 14 E. 3. Rot. 106. where the Debtor be­ing long Imprison'd, and by Inspection being found Decrepit; and much stricken in years, unable to undergo a longer Du­rance: the Judges awarded an Ire sine Die, or an absolute Discharge.

41 E. 3. Rot. 27 the Duressee being Ad­judg'd unfit, to undergo Paenam Carceralem, or immuring Hardships: the like Rule was Pronounc'd, and the Party set at Li­berty. From both I infer, that the Law primitively never intended to Enslave the Body.

Persons and Lands Originally free.

The Common Law, on Judgment for Debt or Damages, gave only a levari fa­cias: [Page 65]which way of Execution was also Limited, Leviable only on Goods and Chattels: the merum Jus, or Freehold was still Protected; and the Body too for two Reasons.

• 1. For every one to follow his Calling: and the painful Tiller, to pursue his Georgical Drudgeries: for without the Plough we cannot live.
• 2. For the Body, to be in a Readiness, to serve the King and Country: And without Officers and Servants the State cannot subsist.

Par. 36. The Body not Punishable: nor Pawnable for Debt.

THE proper Remedy, Provided for Debt, by W. 2. C. 18. is by Fieri facias, or Eleg. so that the Body by that Law, is somewhat excus'd: if the Law can be serv'd otherwise. But the 39 Eliz. an Authority in very Point, declares the Body only as a salvo Custodias or Pawn, that if He die in Execution, without sa­tisfying: Recourse may be had to the Estate, Heir, unless Riens per Descent, or Executor, if Assets intermains; because [Page 66]the Law has not its End, which is Pay­ment of the Debt; or satisfaction.

The Administrator Releas'd, if the Party die in Execution.

I find by a latter Judgment, Trin. 10 Jac. Rot. 38. by three Judges one only Dissenting: though the Body be no actual satisfaction, such as is ex­pected: yet 'tis an Assimilary one or sa­tisfaction in Law; for should the Pri­soner give up the Ghost in Execution, the Creditor must Acquiesce; and the Ad­ministrator no further Chargeable: be­cause of his Election, the Law being sa­tisfied.

Par. 37. The Ancientness of this Hardness.

WE read that the Debtee, would seize not only the Body, but the Children too of the Debtor: as Bond: to pay the Due in servage. Which is better then a Prison; for there's Possi­bility of an Enlargement to the one: and of some satisfaction to the other. Nay the arcta Custodia is hinted as a Carceral [Page 67]Punishment for Debt; by our Saviours Utmost Farthing.

I Agree such servitude was Conniv'd at, propter Duritiem Cordis; but whether Agreeable with the Law of nature, or the Law written I much doubt: for surely none so sottish, to be content of Bonds and Restraints: if without Covering and purely naked, having nothing wherewith to satisfie.

Ʋnconscionable to Pen up the Body: If unable to Pay.

To speak Candidly without Mincing or Dawbing, doubtless Dives is strictly bound in Conscience to set poor Lazarus at Liberty, though not Compellable by Law.

An horrid Cruelty to Cut the Body in Pieces, and to distribute it among the Creditors: which some father upon the Romans. A most ridiculous and brutish Custom, and Impossible to be thought Executible by rational Creatures.

Par. 38. The surmised conveniences of Arrests.

'TIS weakly Conceited by the steel-heartded and some Doters; that if this Hank be Remov'd, the world will cease to be Honest, and People will never come by their own: so that there's a necessity in Preservation of Trade; to Continue this severe Course.

A Capias disadvantagious to Trade.

Truly no: How did the Nation flou­rish many Hundred of years; when the Law was otherwise: why should we Conceive, that virtue has seen its best Days; or that Honesty is quite Extinct and lost? 'twere more Commodious and safe for the Rich; for then they would be wa­ry, whom they Trust; and call for their Dues in Time: before the Debt run too High, and become unpayable.

Tenuity of Fortune if unavoidable, not Impri­sonable in Conscience.

Many become Insolvent, by the Act of God: as our Saviour said of the blind [Page 69]man, that neither He, nor his Parents had sinned; only to shew the Pleasure of the Almighty.

The like in many mens slenderness of Estate, God is pleas'd to Afflict them in this Life with Poverty: though the Heart be willing, yet their smallness of Con­dition, will not permit them to Attest it: To punish then the Afflicted, by sulter­ing and sotting Him up in a noysom Hole; because Poor and unable to Pay; is stern Justice, and most Extorcious: not Practis­able with Christians, or indeed moral Persons.

Par. 39. Shufflers and Sharks deserve Prisons.

FOR the deboyst spender, with meer Rooks, that riotously Disable them­selves: or those that Conceal their Estates, and out of sharking Corrupt Prin­ciples, will not satisfie: 'Tis no matter if their Bodies suffer, and be Expos'd to shame; as spectacles of wickedness.

Better set them at large to work: then keep them as sots.

'Tis Conceiv'd more Advantagious for the Common Good; they were Employ'd, [Page 70]either at Home or elsewhere: under an Assurance of such services duly Per­form'd; of an Enlargement: which would create in them a future Honesty, in ma­king them wary; how they inwrap'd themselves, in the like Bondage.

Par. 40. Suretiship questionable in Conscience.

SOme Conceive it Canvas Justice, for the surety to make Good the Debt; in case the Principal fail, or will not.

For more sureness Sureties Demanded.

Where the Law does not Distinguish, Distinguendum non est, we must not separate: now in Law they're all Principals, All Equally and Joyntly Bound: And each liable in solidum to the whole Debt, at the Election of the Lender. And though it fall often Heavy on some, who are forc'd to Discharge the whole: though they never shar'd in the Loan, nor so much as Drank for it. Yet in Justice 'tis their Debt, and the Creditor left to his Choice, to take it of whom He will: 'Twas their mis­fortune, or rather Folly to Engage for a Pauper; or the ungentle, that would [Page 71]leave them in the lurch. The Obligee is out of Purse, and had not others Engag'd, would not have lent at all; and so does no wrong.

Gentle usage due to Sureties.

The Civil Law is very Gentleman-like, and Conscionable in this Point, in sadling the right Horse: for the Creditors must first sue the Principal, and levy their Debt on him: and if a nulla Bona be Return'd, then to try the strength of the Sureties.

Ferreting the Surety most Afflictive and Partial Dealing.

But at Common Law Generally, they deal very Ruggedly; in Hunting after the Surety, and plague Him to purpose: leaving the Principal as unconcern'd, when the charge, and easiness of Reaping their Due, on the Principal; were the same.

Par. 41. Peers why Exempted from an Attachment on Civil Process.

THE Peers of the Realm, are Pri­viledg'd from this ill-favour'd snap­ping [Page 72]way, of being Caught by the Poll: on the Presumption of Law, that the most Honourable, are the like­liest, to be Right Honest: and will Pay even before Demand. And likewise that their Fortunes, are suffici­ent to satisfie; without Attaching the Person.

The Comminalty blam'd, for Enthralling themselves.

The Commons of England, some Con­ceive were much overseen and unadvised: when they mingled their Wine with Water; in subjecting themselves as Bond: in Ex­posing their Bodies, to be Enslav'd; when the Law, Proclaim'd them Free.

Par. 42. Reasons why the Body should not be Distrain'd.

1. IN Nature, Consequently in Judg­ment of Law, nothing is Distrainable but what can satisfie: now nothing can sa­tisfie, but what's Marketable and of va­lue; and that must be an Estate either in [Page 73]Lands or Goods: If neither, then Impo­tentia excusat Legem, even the King must lose his Due: for the Body is neither Sale­able nor Eatable; without we turn Can­nibals, and deviate into Brutes.

2. In Discretion the Debtee stands in his own Light; and renders his Debt more Desperate: by Disabling the Debtor. Shutting Him up in a languishing Condi­tion, which if at large, happily his In­dustry or good Fortune, might inable Him, to afford Satisfaction in Part: and some Bread better then no Loaf.

3. In State, they deprive the Sovereign of his Subjects; able Bodies (according to the Intent of the Common Law) that might be serviceable in Peace or War.

4. In Justice, 'tis very untoward and a­gainst Conscience: for the Debtor when He's labouring, to discharge his Duty; to be snap'd upon an Utlawry, and put to a great and unnecessary charge, to Re­verse it: when if forborn, He might per­chance, satissie the Debt. I find the Ci­vil Law very Candid in this Point, by their Dies Justi, or Days of Respite: a cer­tain Time of Forbearance, for the Deb­tor [Page 74]to turn Himself in, the better to in­able Himself for Payment.

5. In Divinity: the Body being useless, not vendible even for a Farthing; 'tis more than unwise, with some, even Bar­barous and Inhumane, racking the Body; to Dice the Bones: and pray God one Day it be not laid to their Charge.

Par. 43. The Known Inconveniences.

1. MAny mischiefs fall out, on the strict executing a Capias: more then Brawls and Batteries, oftimes Effu­sion of Blood. A very unchristian thing, and ought to be Redress'd.

2. The Debtor is frighted, and debarr'd of his Liberty, in Traversing his occasi­ons, which might accommodate his Debts.

3. The Tickers finding the Law on their side, that they can Command the Person, when they list: they're more Entic'd to Trust, and so hand-smooth help many Swil­lers, and Swaggerers out of their Estates.

[Page 75]4. It Creates spend-thrifts, Knowing their Lavishness may be Pomp'd up: They're more Allur'd to Rookings, and so never mind to check their Runnings out: which doth occasion many mens Ruine, and the overthrow of great Fa­milies.

5. I could wish there were no Cause, for the Law to use these Pinchings: for Run­ning on Tick proves but ugly shifting and Ruffian-like; and ends in Bitterness: a sweet Comfort to peep through a Grate: some chuck down, with care to Keep the Wolf from the Door; will spoil the Trade of Userers and Fetterers.

The Dolefulness unravel'd.

6. The Truth is, the Confidor or trust­ing Dealer, is but smoother'd in his own Feathers: for to pack off his Wares at any Rate, He readily Books the loose Gallant; beyond the Reach of his Purse: And if his Fortune fall short, then He Curses his Confidence, and in wrath takes out a Capias for his Carkass, to piece it [Page 76]out: And this pays as much as Throwing his Cap against the Skie: for where one Crawls out, Twenty stick and are stifled.

7. 'Twere more Quiet and Credit, for both Parties, to sever their Horses: the one wave Ticking, the other not to want; till he hath got Bayard in the Stable, ready chink to pay.

Par. 44. The unsufferable Abusiveness of an Attachias.

THese Capia's are so exorbitant, that they'l even Attach a Corse: and if the Attacher be not Compounded with, continue the Attachee above Ground; to the shame of Christianity, and Poy­soning of the Quick: this I have seen, and the Body kept unburied in the Church, under pretence of Debt: foolish­ly Conceiting the Friends would redeem it. Many on this Jealousie, interr their Friends skulkingly like Dogs? whose Bodies when living were the Temples of the Holy Ghost: for fear forsooth of Ar­resting the Hearse.

A Corse not Attachable for Debt.

A most horrid and simple Impudence: and the Law most egregiously Dishonour­ed, and mistaken: for in speculation of Law, a Capias Can serve but,

• 1. Ad Respondendum, or,
• 2. Ad Satisfaciendum.

either to Procure an Answer, or make satisfa­ction: Now what Answer can a mute Corse or liveless Corps make; or what satisfaction can it render: Just as Good and sensible to demand Dues of a Stone, as of a dead Person: neither can the Law be so simple and unreasonable, as to expect it: 'Tis warranted by the Statute, to take the Body in the aforemention'd Cases, but Lex non praecepit vana & inutilia.

1. The Law doth never Enjoyn Impertinen­cies: therefore on necessity, it must be reasonably understood, of an animate living Body; not an inanimate and dead one.

2. Besides when Dead, it ceases to be a Body; 'tis properly then (at most) but Cadaver, a Carkass or Frame of Dust and Ashes: so that after the Dissolution, na­turally [Page 78]and so Legally 'tis no Body: the Writ then on Course is superseded, be­cause not Executible: There being no such Body then in Rerum naturâ, accord­ing to the intended Tenor of the Ca­ption.

3. In Judgment of Reason; no Benefit reapable by the Exeuction: But a Cada­verous and Shadowy one: which the Law (the great Administer of Wisdom and Piety) will never offer: It being more Collusive and Absurd, then Barbarous and Uncivil.

Thus the Law is most unworthily sham'd and Abus'd, through Ideocy and Malice.

Par. 45. Not molestable by every Parochian Demander of Dues, besides Law.

ANother Exorbitancy is likewise as frequent and Conjectur'd for Law by the Clergy: to stop the Corse, if Tra­vailing through their Parish, offering to interr it, or pay Duties.

A brave custom to inforce a man, to be Buried where some please: or to sa­tisfie their simple Avarice: They had as Good, and quite as Reasonable; Prescribe [Page 79]to draw their Testaments, and Carve to themselves, like the Friers and Devouters: what Part of the Fortune they think best.

Suppose one die in London, and desire to have his Bones laid, at the Mount in Cornwal, in Cumberland, or the remotest Part in Wales: let any modest Person Compute, what an easie Charge it will amount unto; happily the Defunct, Dy­ing but small in Estate, or worse then nothing: If every Parish must be satis­fied, meerly for passing through.

A sweet nonsencestical Custom, and against Law: and so I find it Adjudg'd in point. Trin. 15 Jac. in a Prohibition.

Staying or Disturbing the Bier, under the pre­mentioned Pretensions: is Detestable in Law.

Neither can we Conceive, that the Mirror of Justice and Piousness, the Law; altogether so lame and Defective: But that the offender herein, is more then a grand Trespasser; and cannot scape un­punish'd: without all Doubt, He's many ways Punishable.

• 1. By Action of the Case, for the un­civil Abuse: Conceivable by the Heir, or Trustee for the Sepulture or Burial.
• [Page 80]2. In the Court Christian, pro Re­formatione morum, by Ecclesiasti­cal Censures, the Law of Christ, will not suffer such impious As­saults, to go unpunish'd.
• 3. By Indictment at Common Law, at the Kings suit: for Debarring his Subject, the Common Bene­fit, of the Law of Nature.

Par. 46. The Duties we owe unto the Dead are chiefly three.

Sepulture a natural Debt.

1. FUneralia; decent Interrment, a Com­mon office of nature; unto which we are mutually Bound, to each other to perform; as Due unto Humanity: for that assuredly, it must be one Day, our own Turn unavoidably to pray the same. Therefore Administration by a Stranger for the Sepulture is Allow'd by Law.

This moral Courtesie was taught from Heaven, which induced our Ancestors to Erect their peculiar Sepulchers, for them­selves and Family. Therefore an unde­cent [Page 81]Funeral, or any rude and freekish Directions, tending thereunto: like unto that of the Stoical Vaunter

Sepelit natura Relictos,

Are Inhumane and Disallowable by Law.

As by a Decision.

Maevius made Lucius his Heir by Will, sub Pacto, or Conditional­ly: to throw his Ashes and Bones into the Sea.

• 1. If Lucius did forbear (out of Loyalty to humane Decency) Performing the Condition: whether He could hold the Inheritance as Heir.
• 2. Whether the Condition not Insane and void.

Resolv'd.

1. To the first, that the non-perform­ing of the Condition, was rather Commendable then Questionable; in Committing the Body, to ci­vil Burial. And hence interring [Page 82]Rites are call'd Justa, because Due by the free unwritten Justice of Na­ture, or Law of Civility.

2. To the second, That the Condition was more then Windy: if the Te­stator in true senses very wicked, most Absurd, and so void: How­ever the Estate Compleatly Hold­able, in Law and Conscience.

The Ground Hallowed by Funeral Obsequies.

Burial is so highly Indulg'd, and strictly observ'd by the Canon Law: That the very Place, where an humane Body or Head is interr'd; is instantly Consecra­ted and adopted Religious: And for the future, render'd unsaleable; even un­morgageable, only Demisible.

What good Christians were some Rail­ers against Decency, of late with us: scornfully refusing, the harmless Cele­bration of the Liturgy. Throwing the Body into the earth, as Rudely as Pigs into a Stey; without Reverence or De­votion.

Pompous Interring I agree is undecent, because vain and often overchargeable: [Page 83]many times obtruding a Fast on the poor Creditor, for other Peoples Feastings.

Censuring Petty and Base.

2. Civil Memory: in point of generous Breeding, we should keep a watch on our mouths; and suffer nothing to escape us, even of the Living; but Reservedly: And not make it a Common Practice, like Titlers, and Story-mongers; meerly for Discourse sake, to defame the Ab­sents without Cause: unless we are par­ticularly Consulted with in Private or Publick, to give an Account of any mans Credit and manners: Then we ought to be free, and deal Candidly; otherwise silence is our Duty in Civility and Conscience.

No speaking of the Dead but Candide and Caste.

But for the Departed we must never mention them, but with Honour: a good Fame being the only Interest, and Right of Na­ture, which they still Retain below: to vio­late those dues, were most ungracious and superlatively Profane, beyond the Cur­sedness of Charles Martel.

No biting the Absent, nor wrestling with Spirits.

If Bad, let their unhappiness die with them: if good, let them be Remembred, with a joyful Applause; for so bright a Saint.

Devises Choicely Regardable in Law and Conscience.

3. Performance of the Will: for the Good of his Soul, as some Books term it: or ra­ther for the safety of the Party, entrusted to interr Him; that He do Righteous things: that his own Spirit might find Rest in the other Life. For God is Just, and let Him expect, What Measures he gives, the same will be meated unto Him.

Paganism very Precise in Executing Wills.

The very Paynims though in the Dark, yet (by the Peeps of nature) were ever most Curious, in Gratifying the Request of the Decedent.

As by a Decision.

A famous Wit, on his Death-bed willed with a very passionate De­sire that his Works might be burnt.

• 1. Whether the Devise not void; because Injurious to publick Interest; and the Advance of Learning.
• 2. Admitting it good: whether private Re­quest, should be preferr'd before the Com­mon Good, or General Advantage.

Resolv'd.

1. That the Devise may be Conceiv'd valid and soberly Consistent, with Law and Conscience: It cannot be Denied, but in Law, every one may do with his own as he pleases: if other­wise, the Law deserves to be Coat­ed and Bibb'd, to talk of Propriety. If so, why Publish'd against the Vote and Direction of the Devisor.

2. Every one is best skill'd to take mea­sure of Himself: And what Judges [Page 86]Civilly Construed Modesty, as to the oblivious sense: perchance the Requester knew it more fit and Re­quisite to be taken literally: Be­cause of Imperfections best known to Himself, not so easily Conceiv'd by others.

Therefore I cannot but Applaud, the Judgment of the Emperour: that held the Concealing more Civil, than the Divulging.

The Common Law Favourable to Wills.

Testaments as the final and Consum­mate Acts of Mortality, are very preci­ously Esteem'd by all Laws: They are Alterable and may be nulled by a latter, and invalidated by Eschetable Misdeeds: yet they shall never be void, if by any Consistency of Reason; the Intent of the Devisor, can possibly be Pick'd out.

As by a Case.

A. devises all that he hath to B. to do with it, at his will and Pleasure.

• 1. Whether a good Devise, because not so le­gally Amplified; according to the usual Form.
• [Page 87]2. Whether Lands and Tenements, as well as Chattels do pass: for want of apter words.
• 3. What Interest passes; whether an In­heritance Absolute, or modal and Qua­lified.

Resolved.

1. In other Conveyances, Demur might be made what Right pass'd: But in Devises the best shall be taken, to fulfil the Will of the Testator: Therefore the Bequest good.

2. By the Intent, a fee simple pass'd of all Reversionary, as well as present Rights.

3. It will be objected by the Learned, that there want Essential words to cre­ate an Inheritance: and haply not Publish'd Animo Testandi, and so void.

1. The Devisor shall be Presum'd, to lie in Extremis, and likewise Inops Consilii, altogether destitute of Counsel: And so Disabled, to give in that Exactness of Form: [Page 88]which in his Convalescence, he might have done.

2. It must be granted, that the Testator was Cited by an irresistible Sum­mons to his long Home; and there to Abide: And so cannot appear, to Defend or Explain his own Act. Therefore what he Declares shall be taken Valedissime, most favour­ably and forcibly; for the Benefit of the Devisee.

Par. 47. The Inducement to this Freedom.

I Write not this Dogmatically, to teach the Seniors in Wisdom, or Overseers of State: nor Captiously, in finding Fault with the Law: only Piteously, out of Tenderness; that the poor Languisher might be Reliev'd, and the Law Explain'd.

And likewise that the Unchristian Abuses, of Disturbing the Dead; unless sentenc'd to Infamy by Law, may be Re­dress'd: whose Bodies when Alive, were the Receptacles of Gods Holy Spirit.

Par. 48. The whole Scheme of Law Disquisited and Affirmed.

LET Frumpers shut their Lips, and forbear Carping at Lex Terrae, or the Common Law of England? that hath tenter'd the prime Wits of all Ages, in Polishing and Trimming: that 'tis now a little Decay'd, or at all out of Fashion; needing a new Whamp, or even an underlay, is not Possible: Examine the Law-Books, they'l Endure the severest Test; some sneak'd out in Rude Times to prop up broken Printers; may be flat and sapless: But the licens'd ones, the old Vouchers; Codes gravely learn'd and Philosophical. The meanest may well be Read, by the Wisest; being altogether Weedless.

The Ʋprightness of the Law.

The Common Pleas of Meum [Page 90]and Tuum, or Commutative Justice; are so Plain and Indifferent, with a Saunce Regard de nulluy, that hardly any Judg­ment so Hollow, to open his mouth against it.

The Graciousness of the Law.

For those of the Crown; the nicest Concern, there's no Law under Heavens, of a greater Clearness, than the Law of Eng­land, without the Cruelty of the Tor­ture, or that which is near as Bad, a te­dious Languishment; before offenders are call'd, in order to their Deliverance: Therefore Deserving better Language, than some clamorous Aspersers; are pleas'd to Afford it.

For Example.

An Indictment or Verdict, that B. kil­led C. so Defended, in Preserva­tion of his own Life; is not suffi­cient: without Reciting the speci­al matter. That the Court might adjudge of the Inevitableness of the Necessity: to direct the Iury accordingly.

Par. 49. Law the Pandect of Perfection.

IN fine, without Playing the Panegy­rick, or Magnifier of Excellency; the Law hath the Qualifications of an Angel; in being on every side, most Civil, Reasonable and Honest.

1. The Civility of the Law.

If the Defendant be summon'd to ap­pear peremptory at a Day, and mischances interpose as Mayhem, sickness, with other lets, which hinder from appearance at the precise time; if He appear by his Respon­selis or Attorney, (the Law hating sur­prise) He shall be Essoin'd or excus'd from the Penalty of the Default, and a longer Day granted Him.

And if an Essoin be once cast, no ne Re­cipiatur can be enter'd, only Adjourning it, and looking to the Continuances.

2. The Reasonableness of the Law.

One shall be Tenens per legem Angliae, or Tenant by the Curtesie; of a Rent, though [Page 92]the Wife die, before the day of Payment: And of an Advowson, though she slip away; before the Avoidance. Nay, if the Advowson, become void by Lapse, during the Coverture; and the Wife dies after the sixth months pass; before any Presentment by the Husband: And the ordinary Collares to the Avoidance, yet the Husband shall have the Benefit, of the next Avoidance: as le Tenant par le Curtesie.

Reviver of the Curtesie.

A. marries B. an Heiress, and hath Issue: and afterwards commits Treason or Felony, and be thereof Attainted; but pardon'd: yet the curtesie is lost. If he chance to have any Issue after the Pardon, such is the suavity of the Law to the Co­verture: the Priviledge is Re­viv'd.

If the Dowress encroach, and hold more then her Due; or the Commoner by Appendancy or Vicinage, surcharge the Com­mon; which is but foul sharking in both: Therefore by W. 1. they shall be Admea­sur'd. [Page 93]The Writs are Vicountel, the matter Discussible and Determinable by the She­riff.

3. The Honesty of the Law.

A Nude Promise binds not, and why otherwise; for what loss can the Defendant sustain; when he nei­ther gave, nor Assum'd any Considerable Return. But if one bid another, Heal such a Wound, or Repair such an High­way: Admitting both Contracts made, without any Promised Recompence: In such Cases the Law (Abhorring Baseness) shall create a Promise, and imply a Re­ward; with full Damages: should the Contractor approve Himself so unworthy, in denying satisfaction.

The like if any specialty be executed beyond Sea; to avoid a Fayler of Right, 'tis Triable at Common Law: the Plain­tiff may suggest, 'twas done at Toledo in Spain, at Todington in the County of G. whether any such Place in that ville, 'tis not material: the Issue will be singly whether the Parties Act and Deed.

In brief, (if one grant the vesture or the Herbage of his Lands; though no Inheri­tance passes the Grantee may enter and [Page 94]maintain an Action of Trespass: But if he grant the Profits of such Mannor to J. S. and his H^s. with Livery; the whole Land passes.

Par. 50. The nobleness of the Law.

THus according to the 2 E. 3.14 E. 3. Common Right, the Maintainer of the Crown, the Law: must be Agreed, a deep science and mistical Beauty. For had not the Law, been as secure for the Subject, as safe for the Sovereign: There's no Doubt (as hath been observ'd) but those several Revolutions of Conquerors; with the late fidling Ʋsurpers, that ever had an Aking Tooth at the Law, would assuredly have al­ter'd it: If not wholly laid it aside, and Introduc'd their own. Which is a satis­faction very full to any Civil Judgment; of its Gravity and sufficiency: That 'tis truly Excellent, and beyond compare.

Par. 51. Groundless Cries against the Pontificial and Civil Law.

THE Roman Law with Don Why­ners, is a Choak-pear too and needless; and may well be thrown aside: I have been an unhappy Porer, in all Polemical Learning, Discovering lit­tle: but by the smattering that I have of that Noble Science; I cannot but deem it Imperial: well suting with the Flavour, or goldy Locks of Monarchy.

Why necessary.

Neither is the Regency Municipal, Com­pleated with Law; without Ecclesiastical and Civil Law Courts: without their Company a Decay of Justice and Feeble­ness in the Crown, would ensue: for Causes meerly Spiritual, are exempted from Westminster-Hall.

All Contracts and Querels, made su­peraltum [Page 96]Mare on the Ocean; append' a loy d'oleron, belong to the Admiralty: An Ennoblement to the Crown, to be serv'd with general Lawyers.

The great Reverence the Law ascribes, to Hal­lowed Places.

I wish our Heterogeneous Brethren (the Ravers against Monarchy) were meeker spi­rited: setting the same value on the Church; as the Law hath done in all Times: for at Common Law, if one be Assaulted and Beaten too, in a Church, or Church-yard: 'Tis not Justifiable to return Blows in his own Defence. By H. 12 Jac. B. R. de son Fort demesne, will not Excuse, which the Statute of E. 6. Confirms.

Par. 52. The Antiquity of Ecclesiastical Law.

NEither are the Halimots or Ecclesia­stick Courts at all Encroachers: any new Crept up Jurisdictions, but as Fundamental and Antient as Justice it self: for we read, that Jehosaphat, in his visit­ing of Judah; to redress many Enormities, in Church and Commonwealth, ordain'd [Page 97]Judges not only secular: But at Jerusa­lem, for the mere Spiritualia, He erected a Gourt Christian: for so is the Text, posi­tive in the Point. Amariah in Causes Spi­ritual, was Chief Determiner: And in Ci­vil, Zebediah the Head-Decider.

Why call'd Ordinary.

Hence it is that the Law, most Empha­tically stiles the Bishop Ordinary: Be­cause the great Minister of Decency or Judge of Order, in Ecclesiastical Affairs.

These distinct Consistories are likewise Assis'd and Ascertain'd, by our Saviours Comforting the Apostles against Persecu­tions: of Delivering them up to Councils, and scourging them in Synagogues: several other Proofs I could bring, to prove the Pontifi­cal Jurisdiction. But in so clear a Text, 'twere casting Water into the Sea.

Par. 53. Foreign Transactions Impleadable.

TRansmarine Contracts, or Bargains made beyond-Sea, are triable be­fore the Constable or Marshal: for the Admiralty is solely confin'd to the Sea, Extra Corpus Comitatus, out of any County.

Derogations of the Common Law Prohibitible.

But any specialty or Contract, made for Payment of mony, or Doing any Act; wherein the Common Law can admini­ster Justice. Then by 8 R. 2.13 R. 2. and several other Laws; neither Constable, Marshal, nor Admiral; must intermeddle: because Derogatory to the Law Pa­ramount, and they Act without Au­thority: Therefore Countermandable by Prohibition.

Par. 54. Transmarine Acts how Triable.

IF any be kill'd beyond Sea, an Ap­peal by 1 H. 4.13 H. 4. and the 25 Eliz. Douties Case, lies by the Wife or Heir, before the Constable or Marshal: whose Proceedings are by Witnesses or Com­bat.

Pyracy, with other Misdemeanours on the Sea, belong to the Admiralty: or Attaintable at Common Law by the Sta­tute: The same Law reaches to Ireland, because but one Admiral in both King­doms. So that the Law is Transcendently [Page 99]Compleat and Just: Healing every Gan­grene Perfectly, but Pettishness and Ma­lice.

Par. 55. Prejudice Requited.

BUT ruat Coelum, all Excellencies must be strangled, that stand in their way: Transcendencies Devasted or laid waste, that matches not their Froppishness: without Droling, well Apaid are some of both Professions, for their spiteful De­claimings and snappings against Prelacy.

Thus the Law, the Protectress of Life and Doneress of Fortune: is well Rewarded: not only a Mock with some Psalter Scho­lars; but a by-word and Wake of Mirth with the Sisterhood. I wish from my soul for their own sakes, they would give over Tatling against Law, and Pecking against Majesty.

Par. 56. Murmurs against the Meritorious.

AS to the Exceptions against Mino­rity: that 'tis Jeopardous, to trust the State-Pinnace; with a green-Headed Steerer.

By Copley's Case I agree it hath been Practis'd, and some Colourable Reasons may be Render'd: And the Practice not so Perilous, because no Judges of Record: though I fear the Law will hardly justifie it.

Infancy a Conceiv'd Disablement.

1. In Common sence and Reason, can it be Imagin'd, that an Infant that cannot govern himself; being so Adjudg'd in Law, therefore uncapable of all Judicial Acts: should be Ripe enough for Ponderous Affairs, to personate his Country, not on­ly to bind Himself and them; but like­wise the whole Kingdom.

Why not Elective.

2. If a Minor be Arrayed on a Jury, He's Challengeable: much stronger must the Law be, if Impanell'd on the grand En­quest of State: If deem'd unfit to try, a private Cause; the Law can never be so weak, as to adjudge him sufficient, for the Exitus Reipublicae, or publick Issue of the whole Nation: therefore we may invincibly Conclude him, non-Eligible, because un­serviceable.

Par. 57. Every Member a National Agent.

'TWill be Reply'd, having a free Choice; they may send whom they please: if their Grievances are lamely Represented, or their Interest sorrily manag'd: the Loss will be solely to themselves. This is neither Law nor Reason. I agree in Point of Freedom; if I have Business to France, I may send whom I please to Cross the Sea: But if my Errand be of Importance and skill in Managing; 'tis no small Error, to entrust a venterous undertaker, with­out Language or Experience: there be­ing [Page 102]no thoughts but the business must mis­carry.

Much more if of Publick Concern, where­in a whole Nation must suffer; what Dis­cretion can it be, to employ a Youth in Affairs, that require the greatest Maturity. For when Return'd and actually sitting, he's no Procurator, for a single Interest; but the universal: the general Concern of England. And therefore if nient suffisant, not fully Accomplish'd, according to the Summons: he's unduly Elected and Re­jectible.

Par. 58. Mis-elections occasion'd, by Treating of Tu­mults.

BUt how is the Law faulty? if any Miscarriage, they may thank them­selves; and not the Law: being most Cu­rious of publick Welfare. Therefore if any Mischief, 'tis a Chick of their own Hatching: for by the Directives of Law, the choosing of les Grandees des Counties, as the 27 E. 3. calls them, should be De Probi­oribus & Potentioribus, the Civil'st and most Potent; that is, in suppute of Law, the most literate and virtuous: not the strongest in the Beef-pot, or the most Powerful, [Page 103]with the spells of Bacchus; to Canvas and Feast Multitudes; stuffing their Guts to idle Purpose, and against Law; to shout and bluster for them. By which means the most Personable, capable to serve, may be beaten off the Pitt; and so Bolted out.

Par. 59. Non-officiating, an Abuser Inditeable or Ex­pellable.

THE miscarriage is very bad; for many out of Pomp and Vain-glory, may covet to be Senators: Who, when they come to Act, may altogether find themselves impatient of the life of State, which is Diligence: And never attend. Plays and Taverns affording them no spare Time for publick matters; which doubtless is redressable, by Information, or by vote of their own House; either by Commitment, or Expulsion for the neg­lect of their Office.

Par. 60. Diligence and Intendance Requirable by Law.

THis Cavil resembles Silenus Statue: they can never be good Patriots, [Page 104]that prefer Masquing and Bibbing, before the Discharge of their Office: Being sent to supervise, that Ascanius live safe, and Coridon at Hearts ease: and non-Atten­dance hath been the loss of Monarchy. But in this the Choosers, wilfully Confound themselves; by their Hastiness of not re­solving upon a Stanch Senate.

Par. 61. The Qualification. Non-Resiancy Dubitable.

IN Result of Law, the Elected are the Chief Visitours of State: and therefore ought to be Qualified, as the 14 H. 8. de­scribes some Professors, Grave and sadmen, well Experienc'd and Sober, Most Pregnant and Prudent: according to the 23 H. 6.15. the notablest Knights and Resiants: from which two Doubts may arise.

• 1. It may be quaeried, whether any under the Degree of a Knight be Chusable.
• 3. Whether Non-Commorancy, be not a Non-Ability; Rendring the Candidate unqualified: and so uncapable to be Ele­cted.

• [Page 105]1. To the first, I conceive very clearly, that the Law is not to be Taken li­terally: Confining the choice to that Degree. If the Election be made De magis sufficientibus; of a Person duly Qualified; it will be sufficient enough.
• 2. For the second, it may be doubted, like that of a Jury which must be of the Vicinage: Because presum'd to have the best Knowledge of the Issue; and so most apt and Capable, to be a Trier or Judge of the Fact: The like in this Point, some Conceive the Ele­cted ought to be, Commorant or De­murrant, on or near the Place; for which he serves. On the Presum­ption, that he best knows their Griefs, and so best able to negotiate. By that Law, the Chusers ought likewise to be Residents. From this also another Query arises.
• 3. Whether any but the Constant Inhabi­tants may Chuse: Because they're Adjudg'd to be best Knowing, to instruct their Re­ferees.
• [Page 106]3. For this I find the Practice various, or rather out of Dispute: and there­fore may pass undebated.

By the 7 H. 6.12. W. 1.5. and the 7. H. 4. the Election of those High Inquisitors of Re­dress ought to be free and Indifferent: without Prayer or Precept.

Par. 62. Members of Parliament Friendly and Grave. No Clashers nor Clinchers.

THE Demeanour of the House, Con­sists principally in four Respects.

• 1. Serious and reverent Speeches, without the least spice of Sedition, against Settlements: or any by-Dartings on the Meen or Mo­vings of any Member: which is Disgrace­able by the Bar. Clashing being a mighty Dishonour, that the publick Emissaries, sent to be the great Keepers of the Peace; should not only break their Trust, but give bad Example, to tremble the Na­tion.
• 2. To avoid Curiosity of Speech: in Coveting to [Page 107]shew Rhetorick, to be blown up for Ora­tours; to loose the matter. Therefore plain and sincere Delivery most Pithy and Grave; best befitting so great an As­sembly.
• Strains of Wit, often rambles into more then Quibling and Clinching; sometimes Clash­ing by altercation of words: Therefore not serious and apposite enough; for the Gravi­ty and Deliberateness of weighty Debates.
• 3. Slowness in speaking to a Bill, at the first Reading; or rather wholly silence: let them weigh and thorowly digest it in themselves, e're they offer a Debate.
• 4. Lastly, not to be Cavillous and vain in spend­ing time in needless Orations: but to Hear with Patience, and speak with Delibera­tion; as the matter shall require.
• The Remedy. The Suffrage Enlargeable.

Were the Suffrage of 40. s. per Annum, enlarg'd to 40 l. or more: and the Suffragers to appear at their own Charge (and why not? it being their own Interest) as at other publick Concerns: otherwise the Election to be void, and the Elisors or [Page 108]Chusers, well mulcted for their Partiality and Bribing. Co-peers or grave Endow­ments, would be elected, and the Nati­on well serv'd.

Neither will the limiting the choice, to an hundred Pounds; with the Exclu­ding of Missive-Labourings and foolish Topings: be any Debarring of a Com­mon Vote. If the Statute of 40 s. how Lands then went, and the value of them now; with the Motives of Altering the Law, from general shoutings, be duly Perus'd and Consider'd. But unless this Excess of Tumulting and Entertainings be Redress'd: He that will pamper Folly highest, though he run in Debt for his Feather; shall be Elected: And the Sub­nobles or well ballasted Gentlemen, pass'd by; as useless shrubs. More might be said of this Point, but without Artemons Buckler, a busie Espyal may occasion Trouble.

Par. 62. Their Rights Maintain'd.

FOR their Priviledge, being wholly Exempt from an Attachias or Com­mon Arrest at the suit of a 'Subject: li­able only ad sectam Regis, at the Pleas of [Page 109]the Crown. Freed likewise from other molestations at Law; as ad Testificandum, but barely to appear as an evidence; 'tis but Reasonable and most necessary. Other­wise the Publick might be at an Hazzard: and 'tis fitter (according to the Maxim of Artificial Reason) that, Private ones should suffer, then the whole be Endamag'd.

This Priviledge no Entail, or perpetual Exemption: only Temporary, while they're imbusied about Affairs of the first Magnitude: which by Trewinnards Case, is founded on Prescription: And in Law, Euery Prescription, which tends to the general Welfare, is good: though positively prejudicial to single Persons.

Neither is this Peering any Discharge of the Debt; only a suspension of the sute, during the Session: therefore no mischief. And there's no Law Enforces People, to book or bond priviledg'd Persons.

Par. 63. Servants Protectible.

FOR their menial Servants, or usual Attendants: to live likewise unmo­lested, is no way unreasonable but fit­ting: It being but Convenient, that [Page 110]publick Ministers, or the Lower Nobles, as the 35 of E. 1. stiles them, should enjoy all accommodable Rights, according to the Rule of Law, Cedant Privata Publicis, Privates must dis­pence with Wrenches, and Falls too, for the general Interest: therefore the Speaker (after his Complement of Disabling) in his Oration to the Sovereign: more emi­nently pitches on four Petitions.

• 1. For Freedom of Speech. 2. That all Priviledges incident to themselves, or Servants, might be kept Inviolable. 3. For Access to his Majesty, on Emer­gency of occasion. 4. That their Debates, might be Construed with Candour; as tending to the general Good.

The Bonâ fide Servants only Priviledg'd.

To protect others, under Colour of Re­gardants, or Retainers, is against Law-Disregarding such Protections, according to some Lawyers, is strictly no Contempt.

Par. 64. Their Debates bounded.

NEither are the lower or upper Walls (according to some loose opinions) by Lewknor's and Wentworth's Case; any Sanctuary for licentious Tongues: for should any futile Person fly into Impertinencies, either against the Power, that Conven'd them, or the Orders of his own House: He's usually punish'd with more then Kneeling, happily Tower'd for his Pains. The one being never call'd, nor the other sent, ad Rixandum, to brawl and brabble, in being Factious: to alter the Law, or squabble with Majesty. But barely ad Con­sulendum, to Consult and Advise; to of­fer their Pressures, and with all Humble­ness, pray Redress.

Par. 65. The end of the Convention.

TO what end are they Convented? in Custodiam Pacis, in Custody and Defence of the prime Blessing of Body and Soul; to wit, Peace: for without it an Angel newly lanch'd from Heaven, will be put to no small Trumps, to Win the [Page 112]Game of Content: for if Peace be out of the Pack, Happiness is discarded, and no Life can be had. Therefore on neces­sity, the skilful should only be Elected; to that Sage and Regal Council: in brief, by Constitution of Law the Worthy only Eligible, and Capable of the Trust.

Should weak ones, as it hath been seen and felt too (through Fraud and Tu­mult) creep in: I Conceive the Return not good: but the Eslier or Election undue and void; being not Pursuant to the Writ: therefore by the Burgess of West­bury's Case, the Party Elected is Ejectible; who for his shallowness of Judgment and other Misdemeanours was voted out, and another chosen in his Place: for Laws ought to be Coin'd by the Wisest; other­wise we may be Edicted to hard obedi­ence, nay impossible.

If Flusterers (through the Bri­bings of strong Bub) will hoot in Cy­phers; Contrary to Law, and Design of State: the Roll never quite foul and Blotted. Figures enow are still sent to cast up the Ardua Negotia, or Popular Grievings. All merit Knightly, in this great Inquisition for their Pains of Voting and Atten­dance.

These Wide-mouth and Wooden Ob­jections [Page 113]at present are Absurd; and may be well thrown over the Horse Main; be­ing as impertinent as the King that scourg'd the Hellespont: for by their Act­ings, I find naught but Gravity and Wis­dom: And therefore to be Embrac'd with Bone-fires of Joy, for so Pick'd an Assembly.

Par. 66. No Parliament without an Act.

'TIS held in strictness of Law, pro­perly no Parliament, only an As­sembly; unless some Act pass, or Record be made thereof: though all Formalities (re­quisite in State, as one would think, hath been perform'd) to denominate it a Par­liament.

• 1. No Meeting on their own Heads, without a lawful Citation: being summon'd by orderly Precept to the Sheriff.
• 2. No surprise without due notice of his Writ to the Country: who by virtue of his Warrant Royal, Convene such a Day, at the usual Hours, di­rected by Law, to appear and Elect.
• 3. They personally appear, and make their Choice: the Party Elected ac­cepts the Trust, and is formally Re­turn'd.
• [Page 114]4. The two Houses meet at the Day, set in the Writ: with the Appear­ance of his Majesty, or his Chancellour; (if in Remotis) to signifie his Call.
• 5. Imagine several Sittings, with in­terlocutory Discourses and Confe­rences of both Houses: the Journal full of Movings and Debates, with Bills past, ready for the Royal Hand.

Now what shall hinder, but according to the meaning and Common Acceptati­on of the Word; here's a Compleat Par­liament; yet in Law without, some Act pass'd, strictly 'tis no Parliament, only a Convention: And so several times Agreed by all the Judges of England.

I confess this is no small Nicity: for in Law, in case of an Arbitrement, if once a Controversie be submitted by Deed, or by Parol, and Arbitratours actually Cho­sen; and they meet and Debate, labour­ing to Reconcile: though their Labours prove successless, making no Award; yet 'tis proper to averr an Arbitration; as in Pleading to say, the matter was submit­ted to Arbitrement: The Arbitrours meet and Consulted, Examining the mat­ter in variance, in order to end all Dif­ferences; but could not Agree to make an Award: in this fense 'tis good enough, [Page 115]to alledge an Arbitrement and Arbitours, though nullum fecerunt Arbitrium: why not the like in the Parliamentary Point?

Obsequiousness Applied.

No: I find the Modern Authorities clear against it: though by the 18 R. 2. a Judgment given in B. R. was revers'd, but no Statude made, yet Adjug'd a Parlia­ment.

Let this lesson us, how vain and Impu­dent, Conscience is; to winnel, and nose Law: if Law, there's no Disputing.

Par. 67. Whether the whole Establishment, may be sub­verted.

'TIS scrupled by ome Constultors, or gingling Enquirors, whether perverting Acts are Binding: I shall not trouble my Head in stating this Curious­ness: But at Common Law, if one de­pute a Proxey, to give seisin on Conditi­on; and he delivers it Absolute, 'tis void: or if the Warrant be absolute, and He de­liver it Conditionally, 'tis the same: The like in this Point, the Members of that Consultation, are no Com-peers of Sove­reignty: [Page 116]at most, the one but the Princes Advisers, the other the Peoples Delegates; both limited and Controulable: being Entrusted ad tractandam de quibusdam ur­gentibus, to treat of certain Arduous and Important Affairs: and therein to use their Power Prudently; in preserving Funda­mentals, and accommodating the State by redressive Acts; in lopping of all Ex­crescencies, or annoying Stems, inconve­nient or oppressive: but not at all Autho­ris'd, to mangle Settlements, or dispute with Princes.

Par. 68. Their Priviledges not Disputable.

BY Thorps Case, the Priviledges of these High Counsellors, are not to be touch'd on: much less to be describ'd or determin'd. To busie then our Pates in designing the Form or Jurisdiction, of that transcendent Court; is for silly Que­stionists: for every sober Person is bound, to shape his Conceptions thereof; with an humble and obedient Reverence.

Par. 69. The Priviledge not Releasable, Transferrable, nor Extinguishable.

I Conceive the Priviledge neither sus­pendible nor Abateable, by any pri­vate nor even judicial Act, of the Person Priviledg'd: without notorious Breach of Trust; and the Peril too of the Pub­lick safety.

Neither can this admit of any Curiosi­ty or wonder, when his Condition is throughly viewed, and in what capacity he mov'd.

The capacity being publick: so not to be quitted, on a personal Account, or Privacy of Design: And therefore if weary of his Procuratorship, He ought to signifie his Debility or Weariness to Continue: And the Delegators or Par­ties Electing, left to their choice, to de­pute another in his stead.

Not Deputable or Assignable.

Hence it is Regularly in Law, that he cannot Depute a Proxy, or Assigne: because chosen and Trusted by others, Moving in auter Droit; and so not Master of himself, [Page 118]to Assign or transfer the publick Deliga­cy or Trust to others.

Trusts not Delegable.

To illustrate this more plainly by the Common Practice: If A. be intru­sted by B. for the use of C. and others; and he accept the Trust: He can hardly transfer this Trust, without the consent of the Parties entrusting: should he do it with­out their Privity and Assent, Equity (as well as common Ci­vility) will take it ill: and award the Parties Damages, the Injury being Relievable by Action.

The Case of Factorship or Common Attorneyship makes it plainer: for if ei­ther undertake more, then what they can well perform, if the Clients receive loss, 'tis Remediable by Action: so they're Confin'd to Mediocrity, though they usually moyl themselves, over shooes and Boots, and engross more then they can well grasp.

Much stronger in the Parliamentary undertaking; there's no Remedy over, if any, the Damage may be so Immense: [Page 119]that 'tis Impossible for a single fortune, to satisfie: therefore on necessity, the Pri­viledge not Quittable: otherwise the Pub­lique shall be in a worse Condition, then the Private: which no Law will admit, but still on the Contrary, the Rule being undeniable over the whole Face of the Earth, Better one suffer then the whole.

The Case lately of the Lord S. in B. R. was strange, where on a Trial by Con­sent the Priviledge was Halted at: though He affirmed very positively a surprise, be­ing fain to attend publick Affairs, whol­ly taken up therewith, and so Disabled, to fit himself for a Trial; And therefore Prayed a further Day: 'twas Denied; with some judicial Assertion, that the Pri­viledge was wayv'd: which may be Doubted; because I take the Lords to sit, on the Behalf of the whole Nation, as well as the Commons: and therefore their Hinde­rance as publickly Damageable.

Neither can Consent in Adjournment, though a vacancy from the publick Em­ploy, quit the Priviledge: because De­mandable at the Royal Pleasure, before the time appointed.

In Prorogations I agree the Priviledge [Page 120]suspended: But that's by Act of Law, and a quasi Dissolution for the time: and so no Right violated, the Publick at no De­triment or Danger.

Should any be so easie in Relinquishing the Priviledge, I Conceive 'tis a Con­tempt, and no small Dishonour to the House: no way to extinguish it but by Act, and I much question, whether that can do it, because of Entailing a Wrong on Posterity.

With the Wiseman, Silence seldom hurts, but Openness is a certain Damage: I shall therefore Conceal my thoughts, and Con­clude the Priviledge better Preserv'd, then Expos'd to suspension or Dispute.

Par. 70. Captious Brablings against Courtiers.

'TIS pretended that some Courtiers are very strait finger'd; no Holy­water gratis on free-Cost; without some Pounds secur'd afore-hand: And the Me­diation costs more, then the Sute is worth.

Tell them of a Prize, huge kind, and Courtly till the Business be well Beaten into their Heads: then they fairly leave the Starters the Bag, and Beg it for them­selves; shifting them off, that they came to late the Birds were sold.

Their Ironies retorted or the Brabler muted.

I have heard such Jiggs have been danc'd, and thought no Breach of Trust or Honesty: only a Raillery of Wit, or small Court Frolick, to boast over a Bot­tle of Wine: but rarely, no Common Gal­lyard.

Let not the Right Noble, Knit the Brow at these Carpings: Railings against Eminency, being the fifth Element, and Odes of Course with loose Tongues: for I know none Concern'd, unless Soberness and Virtue, the Ornaments of virility, are Crimes unpar­donable.

Par. 71. The Court Vindicated.

FOR Courtiers to be Broggers or Bar­gain-drivers, is an Employment too much below Stairs, for that noble Sphere: but [Page 122]the Presents that we bestow, for Doing of Courtesies; 'twere gross Clownship to stile them Exactions or Bribes: only Civil Gratifications, and reciprocal Dues, for Benefits receiv'd: For surely when the Fish is Caught with their Busses, to fry some in their own Pan, is not immo­dest nor unreasonable. In fine, it cannot enter into my noddle, to conceive a Cour­tier bound, to beg for another; spend his Interest, that should feather his own neast: And not share in the Concession.

But to leave these little Slips; the by-Corants or coarse Complements of some thin and hungry Stomachs: the Gallant stand in too much Dread, of the Throne of Honour, to Commit a Rape on Honesty.

Par. 72. The Royal Liberties Justifiable.

FOR Court Priviledges, that the Roy­al Waiters, are excepted, from the beastly Hugg; without leave: 'tis but

• 1. Decent, and
• 2. Just.

1. 'Twere very undhansome and low, in­deed most ugly and Contemptible, that the Attendants on the Head, should not be [Page 123]badg'd, from the Common Crowd: no more indulg'd and Respected in Law, then a Ragman or a Tinker.

2. In strictness of Right, 'tis but fit and suting that great Service: for should Majesty be strip'd of his Servants, with­out notice; by that Liberty, All by peace-meal, might be catch'd from Him: and so left alone in the Vocative Case, to sing his vae soli: without officers of State, or Common Conveniency.

3. If ordinary Members by Law, claim these Priviledges; much more may the Head, all Priviledge being the Indulgence of Majesty.

Par. 73. To rectifie the Mistake.

A Place in the Family Royal, is not altogether a bare Employment, as to Common Subjects: but doubtless in Law of State, by Influx of Dignity, an of­fice of Honour: And ought to be of note and value in Law, otherwise Whitehall were in a sadder Condition, then Courts at Westminster and elsewhere: where the Officers are Priviledged, because the [Page 124]Courts will not be depriv'd of their Wait­ings, without notice. Nay, in Law some Advocates and their Clerks too, are free from this ugly surprise of Arrests: Certain­ly, much juster is the Law, to protect the Houshold Royal: the least Disturbance there, being a mischief universal. For if the Head be at all Amiss, the whole Body will in­stantly Complain.

Neither is the Priviledge clasped so fast, but by Address on good Cause, leave will be obtain'd, with a nulli neg. that the Law may reach them: the Noble Judge of Appeals in these matters, I conceive, may adjudge of the Reasonable­ness of the Case: for weighty Circum­stances, may still stave off the smartings of a Sute; and continue the Protection, without any offence to Justice.

Par. 74. No suspension of Priviledge.

I Have known it, come in Debate in the great Hall; whether the Priviledge out of waiting be then Prorogu'd or sus­pended; and the Person Attachable with­out leave: the Court was near divided, some couceiving no notice or leave requi­site: Because then 'tis Holy-day time [Page 125]with them; and no Attendance is expe­cted. But the better opinion was clearly for the Priviledge; nothing positively resolv'd, only that the Priviledge of the Hostel Royal, was no Venice-Glass, dashable a­gainst the Walls: And to be broken, when eve­ry snuffey Confidence thought fit.

Strangers why Priviledged.

On this Reason of State and Prerogative of Honour, are Embassadours with their Re­tainers; exempted from a Capias: and Protectible by the Lord Chamberlain.

In brief, if the Priviledge fall out In­convenient, let the Folly hang on the right Shoulders: for I know no Law, that Enjoyns the Complainants, to truck on Trust with Superiours.

Par. 75. The Priviledge not Dischargeable.

TIS generally, but very groundlesly conceiv'd, that the Priviledge, may be wayv'd and null'd too by judicial Con­sent: As by entring into a Judgment and the like? And then the Person is laid open, and may be Hors'd up at will: the [Page 126]Lord Chamberlain hardly offended, he seldom Protecting in such Cases.

2. Misprision of Prerogative.

An abusive Error and most Injurious to the Droit le Roy, as W. 1. terms it, or Wound­ing of Prerogative: for the Servants con­trary to Oath and Civil Breeding, to quit their Service: without Request and leave.

3. No nuller or even wayver of Priviledge, justifiable in Law or State.

1. In Law. I conceive the Priviledge, neither nul­lable, nor even wayvable; by an Act or Deed whatever: Being ossibus Affixa, as the Ci­vilians speak, indelibly Affix'd to the Per­son: that without the Consent of the Lord Chamberlain, it cannot be put off: like that of the Priesthood, which is held not Devestible; no looking back without great sin: sickness or Infirmity may Excuse Execution of the Office; but not a vo­luntary Wayver.

2. By the ordinary Rules of Justice: eve­ry Common Interest keeps entire and whole; without the Act of the owner: [Page 127] no way vulnerable by a third Person. Much more I hope the right of the Sovereign.

3. The Party is under Bonds, and not at his own Disposal: therefore his Paravail Acts, unjustifiable and void in Law.

4. He that's Bound must obey: and what obe­dience can he Render, if Disabled: But if Bound and Sworn too, how can he Dis­oblige himself: without the Releasement of the Superiour, to whom he's tied; without Breach of Covenant and viola­tion of his Oath?

Indented Servants not Contractable.

As by a Case.

A. is obliged to B. to serve him sedu­lously such a Term: the Obligee can hardly on any shift or Extre­mity waive the bounden Time: but at his Peril, must hold on and perform his Covenant. Should he be so Dirty as to Contract with another, 'tis void: Because of the Disability or prior Interest, be­ing not free to Indent. And should any be so uncivil as to accept him; 'tis an Abuser of Justice, and Right­ble by Action.

Not Relinquishable in State.

1. Can the Ruffest Person be so Doltish, so lamentably clownish: to Conceive it Handsome, or at all Just, for his Majesty to be evicted of his Servants without leave: or to Dispence with a Discharge, to incur an Inconvenience; without his Privity.

2. A fine Comeliness in Honour, for the Servants to be snatch'd up: and the Prince to wait on himself.

3. Once Sworn, 'tis Conceiv'd; the Par­ty can by no Devise, of his own Head; for self Ends: Relinquish, Discharge, or Forfeit his Attendance.

4. That his Majesty may chuse, to allow of any such Disabling: without his Know­ledge and Assent.

5. Both Punishable, for Attempting to disaccommodate his Majesty: by nulling, or indeed waiving the Priviledge.

No way Dispriviledgable without Leave.

A Fondness or rather Dotishness of Conceit strongly reigns with some, that Outlawry after Judgment will Attach a Courtier: Being then Judicially outed of all Aulical Indulgence, or indeed Protection of Law.

This is Commonly Receiv'd for Law, and many times Practis'd too: but Com­munis Error, non facit Jus, is a Maxim in Law, and a Canon in Politiques: And therefore Conceiv'd by some, a gross Er­ror, and Solecism of State: a very uncivil and irregular Practice, and strictly a sur­prise without leave; and so a Contempt and Punishable.

To the Head-Officers, the Deemsters of Pri­viledge.

Some may be over-noble, and easie, in giving leave: others too Importuning, in Requesting more, then Justice or Civility can possbly grant.

'Tis thought they may still Protect the Servant, from being Impleaded for any Act, though voluntary and with Con­sent: because uncapable to Contract; [Page 130]and a third Person is mischief'd thereby, which the Law will not suffer.

The Relinquisher deserves little Prote­ction, for wilfully Intangling Himself: however 'tis not Just nor Civil that his Ma­jesty should be disserv'd for anothers Folly.

Par. 76. The Sequel of Vulgar Oversights.

THese mistakes, have begot a gene­ral Prejudice on Monarchs: and some Greeks; in chief the Physicians Son, tumbling in muckey Republiques have somewhat besmear'd Monarchy: writing not only coldly, but depravedly thereof: perchance more out of Igno­rance then Envy; because they knew no better: But it hath been found true enough, by woful wringings, that no Last will fit an English Foot, but the Rule by a single Person.

Monarchy the best Government.

To speak unbiasly, 'tis the Exactest Platform, and freest from Corruption: least inclin'd to twinge the Purse, or wrench the Conscience; because not gi­ven to Faction and great Parties. In brief, [Page 131]the speediest Termination of Justice: and if Credit may be given to Scripture, the Pattern of Heaven: and therefore most universally receiv'd, by all Mankind.

Par. 77. The Easiness of living under Princes.

NEither can Monarchy be so Burden­ous, and subject to Groanings, as other species of Regency: if fierce and chargeable, 'tis safer to dread one Tyger than many: And less smoaking the Purse, to feed one spendal then a Multitude. One or two Counsellors in Physick or Law, their Judgments mellow'd by Experience, are more cheap and safe than many: Variety of opinions seldom unite, and do but retard the Cure.

Par. 78. Princes Reclaimable.

IF a Monarch should chance to be Raw and Riotous, if Advice and Honour cannot; Age must on Force reclaim: But a Senatory or Popular State, grows fe­verish and worse; and ever continues so, to the end of the Chapter: And when all Me­dicines are Essayed, no Remedy by Hook [Page 132]nor Crook can be found out; but the Scab totally given over by Counsel and Patience: Death will assuredly help the one by Remove, and there's Hopes a bet­ter may spring up; and please every Tooth, but what's perish'd with the Pha­natick Worm: But the other is for ever suc­courless, because out of reach of Vicis­situde; being swath'd with Eternity.

Par. 79. Supremacy Hereditary, more safe then Elective.

'TIS stifly disputed by some Athenian whifflers, that post-pone Monar­chy, to hold a Trencher to a popular Elbow: whether Supremes by Descent or Choice, are the aptest Rulers, and most Available for the People: 'tis said by the Railers against Succession, that a Prince may happen to be a Minor, unable to govern; and Guar­dians will but make Hay, while the Sun Shines: Taking Advantage of the Guar­dianships, to Christen their own Child, and neglect the publick Good.

Secondly, if at ripe years, the Prince may prove a waster; and in Dandling his Affection, destroy the People: And there­fore the Scepter is best bestow'd on the Sharpest Sword, or the Worthiest.

Par. 80. A setled Monarchy; not Damageable by Infancy.

THE Disputers against Election, may rejoyn and Alledge in case of Mi­nority; the Council will supply the De­fect, and be more watchful, for the Shame will be theirs; if the Prince suffer through Slothfulness or sinister Conduct.

An Elective State proves more Heavy and Chargeable; for the Party Elected, to gratifie his Faction must impair the Crown, by large Donatives: And to raise his own Stock, pull much from the Domain Royal: Knowing his Regency is no Entail, but must Terminate in him; which is often practis'd, by Electives and Usurpers, as lately with us by H. 4.

Par. 81. The Monarchy of England Avowed.

'TIS said by the Stormers against So­vereignty, that the King cannot Reverse a Decree, nor Countermand a Judg­ment at Law: therefore no Compleat Mo­narch.

That Judicial Acts, are not Counter­mandable, 'tis not for want of Omnipotency [Page 134]in the King, but Possibility in the Affair: for the King in operation of Law, is ever Present in Court: and hence by the 28 E. 1. En Pre­sence del Roy is taken for the Kings Bench; because He is there Virtually, though not Presentially; therefore cannot be non­suit, because not Demandable; in Judg­ment of Law, being never Absent: but still Potentially Sitting.

For Instance.

A stroke within the Resiancy of the Royal Person; unless Blood there­upon Ensue: is no Amputation or loss of the Hand. But in the Iudgment-Hall, by the 41 E. 3.280. 22 E. 3.13. but the 1 Trin. E. 4. Rot. 3. is in point, the Courts sitting, for very striking, the Hand must be Amputated or Cut off: which I find by that Record was accordingly executed on the stri­ker: Apud le Standard de Cheap: the Reason of the severity is ren­der'd; Because in Judgment of State, Majesty is Present: And the Law, the great Preserver of Peace, and Reverence to the Sove­reign; will not away with such an Insolence.

Now the Lords Justices, represent the Sacred Person, and what's Pronounc'd by them is tacitly Declar'd by him. And so to reverse or controul, what is Decreed by Himself; were Absurd: and Acts of Justice more changeable then the Moon; no Body ever safe, and the Glory of England, the Law; more useless then scribled Paper.

I'me loth to let my Pen run, in Discus­sing this Point; a fit Theam for an Hubert de Burgo: for though welted never so Can­didly, and Warrantably too; by Studied Reason, Law: I shall hardly slip the Censure of Dodging, as a Clawer of the one, and an Abaser of the other.

Dotings against Prerogatives.

Some baffling over-wise Mooters, Can­ker'd with Schism; to Crop the Crown and beat the Scepter into a Spade: talk much of mixt Empire, which in strictness of Law, is oppositum in objecto, meer Quibbling and Repugnant: making two Supremes, be­ing equally opposite, as simple and Com­pound: Fellowing the Prince and Sub­ject, as Co-Rulers, or Partners in Power: which by the Laws of State are Contra­dictions most Absurd, being altogether inconsistent in one Body, Creating a Pe­netration [Page 136]of Supremacy, or distinct Regali­ties; as divers as those of Naples and Denmark.

Indeed this equalness of Sceptring, or Co­ordinateness of Power doth not only Clip the Wing, but even debase the Sovereign: And make Him more subordinate, and less free then the Subject.

To make a gay shew of Potency, but in effect no more Considerable, or indeed Regarded then the King of the Frogs; which made a noise, and some Bluster, but when it appear'd a meer Apparition or Non-entity of Sovereignty: the Subjects be­came more than Familiar, and somewhat Saucy; even leaped upon their King, and instead of obsequious Reverence; af­forded him nought but Sleights and Re­vilings.

That Laws are fram'd by Concurren­cy, in some Nations, 'tis more out of Dis­cretion; then of strict Right and Neces­sity: Because the Subject is best Conusant of himself, and ablest to sit his own Condition. And so a general Convention, royal Boun­ty and more of Ease, to the Prince; then of Constraint and obligation in Law: neither is this incongruous with sense or Liberty; for the Prince to be Good to Him­self, must on Force be Gracious to the Subject. [Page 137]The prosperity of the Subject, being the best Revenue, and Glory of the Sovereign.

The Primitive Law-givers.

Originally Princes stampt Laws them­selves, and alter'd them at Will; for the best Avail of State: there's no saying to a Prince, quare Ita facis, what do'st thou? being the Auditor alone of Heaven, and so needless of the Allocations, or poor Pidlings of Earth.

Sovereignty Defin'd.

This Jus Regium, or Right of the Scepter, call'd Prerogative; is a large Field: and according to the word, a Priviledge of the mightiest Amplitude: its Bounds and Ex­tents, best prov'd by Records and Con­stant Practice: However we may safely Conclude, without the Fear of an Errata; the Government an harmonious Regency, omnia in omnibus, (with the advice of the general Council) absolute: no Homager or Feudatory to any earthly Power, though not a Crum Arbitrary; because sweeten'd with the Cadencies of Justice, to wit, the Goodliness of Aristocracy, and the Frankness of Democracy: Being in all things directed by [Page 138] Clarified Reason, Law; but not a mite Coordinate, Conditional or Deposable: According to the beguilings of some se­ditious Gagglers, but purely single and Independent, without a State-Helper, or Part-owner.

England the Commote of Honour, the Pearl of the Terrene Globe.

Let's not cry up this Country, nor brag of the other; but magnifie and admire our own mercies, and ascribe the praise unto Deity: for none under the Sun, by the 45 E. 3. c. 4. de Talleg. non Concedend. are endow'd with that Freedom and safety like unto us: Prero­gative and Parliament keeping an equal Pace, going Hand in Hand (according to Fundamentals) they cannot Erre:

Prerogative no Cormorant in Swallowing an­others Right.

As by a Case.

By the 1. H. 7. all Liberties, Prehe­minences, and Regal Franchises, were given to Him in Tail gene­rally: without any Limitation or special saving.

Whereupon a great Question arose, [Page 139] Whether inferiour Franchises and private Liberties were not likewise transmitted to the King?

Adjudg'd, Per tout le Coife d' Angleterre, by all the Judges, that every private Right was impliedly sav'd, by Pro­visoe of Law, though not particu­larly excepted: for that Prerogative can be no wrong Doer.

For Example.

The Estate and Persons of Ideots and Lunaticks are by Law, En­trusted with the Supreme: should the Sovereign Trustee Commit the Body or Estate of either of them to J. S. to do with them as Absolutely and Inordinately as he Pleases; the Grant were void, because Breach of Trust; and the Committee punishable for any Exorbitant usage.

In other places, if any (though Poor) are but suspected to be Rich, or but well to Pass; they shall be presented, with a Basket of Fruit, with Empty Bags; which if not return'd Fill'd, the Presentee must cer­tainly Expect the Bow-string, or an har­der Cruelty. Thus elsewhere Ruling is Lording, manuforti by Force; will is Law, [Page 140]and Tyranny Freedom: the Prince when most Bountiful but a Pharoah, and the Leigh though most Deserving; but Egyptian: yet Dalliance of Liberty, Peace and Honour, will not still the Thankless; but Sampson-like all must be shoulder'd down, though they perish in the Fall.

Par. 82. Kingdoms resembled to Families, where the Troublesome are thrown out.

IN a private Family (the Type of Empire) is not Rule necessary? can it stand unless bound up by the Ligaments of order? And if the Domesticks will turn Ribaws, Ruffins, and Damme Boys; sleight the or­ders of the Master: Dismission (in this Epicycle of Sovereignty) is the lightest Cen­sure, that can be Expected.

By parity of Reason, in the publick Fa­mily; if the Erraticks (in Contempt of Mastership) will not lowre, and bow to the spiritual Form: not Dictated by the [Page 141]State-Master, the King; not Enacted by the Church: But affeer'd and pronounc'd too, by their own Consent; Expulsion and Restraint, are the softest Blows that can be in­flicted.

Outward Worship ordainable by the Church.

In Law, Rituals are Positivi Juris, mat­ters of humane Make; the Modification or Rite left wholly to Church Discretion: and Rites of distinct or divers Forms, do no way stain or impair the Doctrinals.

Law-maxims the Quintessence of Reason and unquestionable.

By our learned Masters of the Common Law, 'tis not requir'd to assign an An­swer; why the Maximes were first or­dain'd, and admitted as the Pillars of the Law, and the Resolves of Reason: that may not be impeach'd nor impugn'd, by brain­less Searchers; that will pick Holes, in a seamless Coat: But ever own'd with si­lence and veneration; as the uncontroul­able Results of Science Teste seipso, Magi­sterially as Authorities of themselves; though not provable by Argument, or ocular Conviction: being Compounded beyond [Page 142]logical Touch, or mathematical Demon­stration; Infallible by the Allowance of the Exquisit'st Advisings. In brief, of the same Powerfulness and strength in Law as Statutes; therefore Triable alone, whether Maximes or no, by the Judges; and not per Pais, by the Judgment of twelve men.

For Example.

A. hath issue two Sons by several venters, B. and D. B. purchases green Acre, and dies without Is­sue: D. shall never succeed as Heir, being barr'd by a Maxim or Principle in Law.

• Father and Son: and the Son ac­quires Lands in fee, and dies Bro­therless, Sisterless, and Issuless too: the Father, that in Law is pluis prochein de sank, of the im­mediat'st Degree of Blood, the Cause of his Being, and so the occasion of the Purchase: shall not lick his lips, of this Windfal, but the Vncle.
• [Page 143]Nay if the Uncle dies without Entry, the Father shall not have the Land at all: in this Case too He's rebutted by another Maxim.

Let's invert the Case.

Father, Vncle and Son, & a Lease is made to the Son, Remainder pro­ximo de sanguine: Here the Father shall take by way of Purchase.

Let the Critical'st Wits, that can pore into a Mill-stone; tell me the Diver­sity in Conscience: in the first case, what natural or moral Defect, there's in D.; but that He might be step-Heir, and slip into the devolved Estate: or in the second Case, why Collateral Alliance should be preferr'd before the nearest, proximity of Blood: in the last, why the Father shall take as Heir, and not in the second case: more then that He's disabled by an Axiom, that's founded on Reason, and indispu­table: for What's not Consonant with Reason, is Repugnant to Law.

Thus 'tis sufficient, that the Postulata's [Page 144]or Principles of the Law, the Maxims; are receiv'd as Law, and do no way bat­ter Reason, nor assault the Rule Divine: the like may be apply'd, to outward Gover­nance in the Church; the Discipline as well as the Doctrine being fashion'd after the soberest Dress of Morality; and equipp'd by the Word of God, ought to live in Peace, from sowre and bubble Disputes: unless with wayward natures we must take a Pride in chopping: Count­ing it the Supremest of Servitudes, to be Con­stant to setled Sobriety.

Par. 83. Ceremonies Expostulated and Asserted.

IN Law Traditio loqui facit Cartam; Delivery is the very Essence or life of a Deed; without this Ceremony, in Judgment of Law, no Instrument; only un Escrovet or scrowl: so in a Feoffement unless executed by livery of Seisin, a nude Circumstance, or bare Formality, though as ancient as Abraham; the Conveyance [Page 145]invalid: for if the Feoffee enter, He's but Tenant at Will, and oustable at Plea­sure: the bare Deed, without the Co-opera­tion of Livery; will not Create a firm Estate of Inheritance, to Him and his Heirs: only a Possession ad placitum, Deter­minable at Will.

On this ground in Law, a Charter of Feoffment, or Demise for life; by a Co­pyholder without Livery; is no Forfei­ture: because no Alienation.

Stipulations perfected by Formal Acts.

So Tenants by the Verge, can neither take nor surrender their Estates; without the Ceremony of the Rod, which is seisin in Law. In some Mannors a Straw is us'd, in some a Glove: according to the Maxim, Custom must ever be observ'd: the like in some places, the sale of an Horse, or any other Contract; is Com­pleated Per traditionem stipulae, by the De­livery of a Rush. And in the passing of these Estates, if the word Surrender be wanting, being Vocabulum Artis, a Term of Law or Word of Art: though the Grant be stuff'd thick enow, with all other Conveying Force, 'tis ineffectual and void.

The Customary binding in Law.

The same I take the Law to be; if a Copy-holder were minded, to part with his Right; offering in Court, to pass it by words of Grant, Bargain, Sale, or Gift: no Estate will pass, for as He's ty'd to one peculiar Form of Assurance; singu­lar to his Tenure alone: so He's restrain'd to special Words, proper to that Con­veyance.

Regularly, a Fee or Freehold, all Cor­poreal Hereditaments (but in some few Cases) will not pass, without this solem­nity: a Ceremony the Law hath enjoyn'd, for the better Caution and security of the Purchasor; in case the Feoffee or Donee should fail of their Evidence, this solemnity shall sup­ply the Proof of the Gift.

So in a Grant, le chose grantus, the thing granted (but in the Royal Case) will not pass, unless the Terretenant attorn.

To break this Cloud by a Case.

Lord and Tenant, if the Lord grant the Services of his Tenant to A. and after by Deed, bearing a lat­ter Date, grant the same to B. and the Tenant attorn: the Law­yers [Page 147]tell me, the Grant to A. is out of doors: should the Tenant af­terwards attorn, 'twill not a rush mend the Title of A.

Was the Israelitish Seisin by the Shooe, unseemly because Customary and requir'd by Law? or did Boaz conceive his Pur­chase not strong enough, unless Elimelech's Attorney did execute the same? was there any Impertinency or undecency in either? Is the Royal Charity on Maundy Thursday (imitating the lowliness of our Sa­viour) an ostentous Humility, not becom­ing the Majesty of so great a Prince? if not; why stagger then some taunting Make-bates, at harmless Ceremonies; which banquet the Soul, and grace De­votion.

Par. 84. Why more Agriev'd at Ceremony then Common Civility.

LET them render a Reason, why white Habits are more frightful and noysom then Black? or Cassocks more unseemly then dragling Cloaks: why Lawn-sleeves more Absurd, then Collars of Essences; or Corner Caps with fur'd [Page 148]Robes; or gold Chains with scarlet Gowns: both worn by Magistrates of Ho­nour.

Is the notifying Induction, by taking the Keys of the Church, and ringing of the Bells, Boy-like? though a Ceremo­ny enjoyn'd by Law. Is the Pall, Sur­plice, or Hood, more superstitious and sil­ly, then the Lawyers, Tippet, or Coif? both surely by way of Decency, as Robes of Distinction, and Ornaments of Gravity.

Was the Countess of Godina's Riding, as plain as ever she was born, Wild, or Wanton? Is the walking bare-Headed to Governours, in Quadrangles Idolatrous? or a Ceremony any way Petulant, and un­becoming youth? by some Statutes, to empty Courts and bare Walls (which I have often seen) unsightly, for Freshmen, and juniour standing?

In brief, is the Cursew Bell instituted originally by notion of State; and still con­tinued in Discretion, as of civil use; as childish as Rattles or Cymbols?

Why then this filthy smoke, this shameless Pother, about Atomes or meer nothings; or more truly necessary Du­ties? Pray God this Fierceness prove not the Prologue, of their Revolving to the [Page 149] Scarlet Hat; against whom our blessed In­fatuates, pretend the forked Arrow of their molten zeal?

Par. 85. Homage justifyable in State and Breeding.

WHat will our Church Squablers, say of Manhood; a Service consist­ing of many Ceremonial and Strange Po­stures: is the Performance meerly Fop­pish, and Pastime for Owls? which if learned Lawyers may be believ'd, (and Every one must be credited in his Art) is of admirable significancy, and necessity in Law: which our careful Ancestors or­dain'd, under shadows, the better to il­lustrate, and retain substances.

What is the Tenure by Cornage, an hanging sleeve Hooting, though ordain'd for the Defence of the Realm? what will some Ramblers think of Feaultie? when the Tenant in the obsequiousest manner, shall swear Fidelity to his Lord, with Sicome moy aide Dieu & ses Saints, so help me God and his Saints: is this Do­tage? which a Text Advocate, advises Fee-Lords not to neglect: it being a suf­ficient Seisin of all Services.

Par. 86. Reasons apparent to the Blindest.

TO argue per notiora, by easie simi­lies; Trunck Breeches or Trow­ses, and open or close kneed Hose; so a Ruff or a Cravat; with a Collar Band or a large one with a narrow or broad Hem; Plain or Lac'd: the like of an Hat or Mounteer Cap; with a Wast Belt or Shoulder: All of them in nature are In­different; the one equally as Decent and Rich as the other: But if the Arbiter of Modes, the Court; affect one more then the other, the Indifferency is Decided: then one is become Handsomer then the other, because more Modish: being worn by Sophies of State, whom in Indifferen­cy, Regis ad exemplum; 'tis our Duty in manners, to imitate and obey: The like in Church Discipline, the peevish must content themselves; with the Fiat, and In­junction of their Betters: throw by all Dun­stical dogged Humours, and comply with the present Form.

Are Garments that cover our naked­ness, and defend us from the Rudeness of the Air, the less Decent and serviceable for modest Trimmings? is Cloth or Serge [Page 151]spoil'd, less useful, if Guarded for some: or not Graceful, if Gymp'd for others of better Rank, and costly Fring'd? the cloth continues the same, doubtless much better, being decently set off; unless slovingliness and sluttery; are more sweet and seemly, then neatness and sober At­tire: After the same Comparative; how can the Doctrine be vitiated with polite Ceremony; purl'd by Order. But with unshorn souls of an high nap, All's Fantastical and superstitious, that's not slutter'd and slub­ber'd with unholy Peevishness.

Thus Ceremony is the very soul of Or­der, and Order the Governess of Humanity: for let but Order turn out, and urbanity dissolves.

Par. 87. The lawfulness of useful Ceremonies.

AS to Divinity: we must not conceive them in their own natures simply un­lawful: for if so, God would not have or­dain'd them under the Law: And under the Gospel I find none Prohibited: but such as are Enthralling, to exchange the Li­berty of Grace, for the Tyranny of the Law: The Apostle indeed doth condemn Cir­cumcision, Jewish observings of Days, [Page 150] [...] [Page 151] [...] [Page 152]Months, Times, and years; which are no less then superstitious, because unpro­fitable: However we are bound by the Gospel, to retain those, that Conduce to Edification, Order, and outward Decency in the Church. Otherwise the same Apostle would never have commended the Co­rinthians for their Care, in keeping the Ordinances, which he deliver'd to them: which Canons were (after the opinion of the best Doctors) concerning the outward Worship; not about the Essentials, as Faith and Repentance, but reverent Be­haviour and Gravity, the Adjuncts of Re­ligion.

'Tis true, our Saviour reproves the Sa­maritane, saying, that He must be Wor­shipped in Spirit and Truth, and no more Idolatrously, after the accustomed Sama­ritan Worship: But in Truth not in Types and Shadows, but in Christ the substance: And no longer in Respect of Promises and Predictions, which were fulfill'd by the Coming of Christ: Thus Spirit and Truth, the often wheasings of our Dissenters, I con­ceive very clearly, are not opposed to Ce­remonies in General; only to legal ones which were Typical: and to cease on the full Manifestation of our Saviour.

Let some Mouchers from the Church of [Page 153]England, resolve us, what more Damage or Hurt they can be to Gods Service now, then when God expresly enjoyned them, if the Heart be Righteous? for unto the pure all things are pure. But Momus when he could not spy any Blemish in the Pi­cture of Venus, pick'd a quarrel with the Slipper.

Par. 88. Discipline fram'd by Princes, Allowable by Law.

A Christian Prince is out of all Doubt in Right of Divinity; Episcopus ex­tra Ecclesiam, the righful Overseer (as to Ex­ternals) and Orderer of Ecclesiastical Concern­ments: though no Bishop in the Church, to exercise the Priestly Function, without a Call. King Ʋzziah might not burn In­cense, nor offer Sacrifice. He may order and Command the Persons of the Clergy: and enjoyn them their Task: so King Jehosaphat commanded the Levites and Priests to teach the Law, in the Cities of Judah.

As Princes have Power, over outward Concerns; so 'tis their Devoir, and ought to be their principal Care, to promote the Service of God: They must not act against Gods Law, nor reign with a loose Hand, [Page 154]that may be injurious to his Rites, or Worship: They're bound to down with all false Worship, to Prohibit and Resist all Attempts; that have but the least Tin­cture of Tendency thereunto, in securing the Church, from being a Puppey-slave to a Foreigner: So did Hezekiah, Josiah, and all other good Kings of Judah.

Par. 89. Sovereigns are Erectors and Judges of Cere­mony.

THus after the Warrant in Divinity: the King in Law is Censor Morum, the Modeler and Controuler of Discipline: Beneplacito Regis quoad Ritus, tanquam legi ob­temperandum est: His Majesties Mandamus quoad Ceremonials is Law: and in this sense, An Order of State hath been Adjudg'd Equipollent, to an Act of Parliament.

Therefore if Lex Loquens the Oral Law, or Supreme in this Case, delegate his Power to the Church; for these outward Mini­strations, 'tis good and obliging: if qua­drated by the Apostles Rule, in Decency and Order: who but a Miscreant, will [Page 155]bend his Brow, to deprave and Dis­obey.

Hence may Copes and Bowing, not to, but towards the Altar, and the like, be Binding; because Decent and Harmless, if the Church enjoyn it: though I con­fess I am not much for either; but if the Church adjudge it fit, then my Indiffe­rency is circumscrib'd: I must obey in obedience to the Church, as matter of Decency. That 'tis bad, because a Da­lilah or Fondling at Rome, is Lobster Logick: Papists eat and drink, therefore we must padlock our mouths, and throw the Crea­ture to the Dunghil. Nay, Indian-like, even abandon Heaven, because they pro­fess to land at that Port; as the Haven of Souls: I'm as resolvedly against the Fu­cusses of Rome, as Ridley or Cranmer; and shall venture more, then the Digging up my Bones, for the Reformed Truth.

In fine, if any Bracks in the Discipline, to the Blemishment of Christs Church: 'twere but mannerly zeal for the Taunters against Decency, to discover them; in order to be handsomely Dern'd up and Amended: without Renting the whole Piece.

Par. 90. The Pilot of the Soul, for his careful steerage: is worthy of Double Honour.

BY the Canon Law, an Office requires a Benefit: a Position in nature, for each member to aid and requite the other: most Absurd then for the Ca­terers of the Soul, to be at great charge, and baulk all worldly Hits, to live otherwise; to fit themselves, to administer Spiritual Food: and be grudg'd for their Cater­ship, a Carnival Return. 'Tis but Com­mon Barter, nothing of Bounty: the bruted misers of the world, Lawyers and Physicians; the one to frisk and capeer the Body, the other to ravel and tangle the Estate; are greas'd with fat Thanks: But the manciple of the Soul, for his Guid­age and Pasturing of the Spirit; must fare hard, and nibble upon a Rock.

But how can their Revenues, be ra­vin'd [Page 157]or repin'd at, without Sacriledge or the grossest Impiety? their Demeans (most Hippo's or poor Pittances and empty Casks) being as undoubtedly firm in Law; as any lay Inheritance.

The Cleronomy not saleable.

Concessum Templo, Con­cessum Coelo; a Concession to the Church is a Grant to Hea­ven, and so unalienable: should then this Cut-throat Sacriledge be suffer'd, to out-riot the Goths and Vandals, and have its will: where shall Escheat the spoil? to the Corporation Royal, the King: no; he scorns to handle Church Rapine; and 1 Jac. backs his holy Worthiness, to Continue the Intent of the Founders; for the Lands to demur in succession, for the maintenance of Religion. It being the Dowre of Heaven, lent only for the use and support of the Church: no li­ving mans Gift, and in none now alive; that can pretend to a Reverter or Re-assumption: so that should so bloody a Blow be given to Monarchy; as the order taken off: the holy Patri­mony, [Page 158]as the Lawyers say, must rest in Abeiance, in suspence or Intendment of Law.

No Alienation intendable by Law.

I conceive Gallio and Tenants Paravail, will not meddle with the Spiritual Com­modation, de queux, ils nont pas Cognizance, without the temporal Road; being dire­ctum Dominium, an independent Seigniory, and the simple Fief, or pure Inheritance, properly in none; but with the Lawyers in nubibus, in the Contemplation, or Ex­pectancy of Law.

The Prudence of the Law, hath inve­sted the Glebe-Holders, but with a quali­fied Estate; in prevention of a Disconti­nuance, to bar the successor: Hence is prohibited the Benefit of a Deads-year; that the succeeding Incumbent, might find Temporal Bread for his Spiritual: in brief in Law, Regularly for Advantage, to bene­fit the Church, the Parson hath a Conditional Fee: for prejudice but an estate for Life.

Par. 91. The Right of Tithes manifestly proved.

FOR Tithes, whether Jure Divino, as to the Quotity or tenth Part, it mat­ters not: since as Maintenance, by all Laws 'tis agreed to be of Divine Right: And pursuant to the Articles of nature, which binds us (as Tenants by sufference) to honour Diety, with all worldly Enjoy­ments: the Decimation then or Tenth, which circumspect Agat. stiles Decimae De­bitae, that we afford the Pastour of the Soul; is no will-offering or Pious Benevolence, but payable as a Debt, due to Heaven: to speak Lawyer-like as a Fee-Farm, or Reservation Divine, in Token of whom we Claim.

The Proto-Rent Ecclesiastical.

We read that Cain and Abel brought their Offerings, which certainly was prompted to them, either by parental Practise, or natural Light: now God was not offended at the one because He offered; but because his obvention was not seasoned with Faith; which made the other's more Acceptable.

The offerings of the Patriarchs, must [Page 160]needs proceed from Divine Command, ei­ther impliedly directed by Gods Candle, the light of nature; or expresly from the Constant Tradition, of the first univer­sal Parent. Otherwise we may Conceive them grosly guilty of Will-worship.

The Firstlings due to the Heavenly Steward.

Since we cannot present our first-Fruits to the right Land-lord: we must tender it to his Seneschal and Proxey; the terrestri­al Feoffee for the Cure of Souls: And the Glory of the other world, being not Revealable, but by the Hallowed mouths of Mortals: and they unable to live, without partaking of the lay-Blessing; a Provision in necessity of nature is most due, and none so Covenable, apt and Agreeable to Scripture, as the ancient Salary, and yearly Income, ap­proved and setled by Law.

Were I as Hotspur'd and Heathenish, as some Gablers churling against Tythes; I would out with my Tongue; and off with my Hand too, before I would substract them. In Law Denial of Rent is a Disseisin, and non-Attendance to pay it, is a Denial in Law, and an actual Disseisin: In some Cases Forfeiture, in most good cause of Re-entry. All Blessings are properly the Demeans of [Page 161]Heaven, and we at most but Feudaries al volunt, Tenants at will: Let the mutter­ers then against Tythes, beware the chief Lord; meet not the same measure; by seizing the whole: on non-payment of his Due, to his Embassadour on Earth.

Par. 92. Tithes not Alienable because a Divine Property.

SInce our Dissenting Consciences, are ge­nerally for the starving of the Church: To throw down Religion and set up Atheism. Whether Tithes may de jure be alienated, and the Clergy turn'd to Pentioners and Alms-men: will be worth a Discussing.

1. I'me full in the negative: first by the usual Laws of Civil Barter among men, no­thing will Rightfully pass from the true owner: without his Privity and Consent.

2. We must not then deal, more Injuri­ously and Impudently with God; to pull from Him: and transfer it to another, without his leave and Approbation.

3. For his Approving and good will, to any motion of that Horridness, we must not expect a voice from Heaven, but seek [Page 162]his Word for the same. And there we shall not find a syllable, of his willingness of parting with his Estate: But the con­trary expresly, Prohibited by Josephs ta­king a more special Care; That the Lands of the Priests should be Hallowed, and parti­cularly exempted from Sale.

Par. 93. Whether Due Jure Divino.

I Conceive Tithes not only Lawful and Due, as all other Proprieties, con­firm'd and Established by Law: But like­wise Just and most Indispensable, by the Right of Divine Precept, and Practise of holy men: which in all Ages ever made a Con­science, to pay them.

Payable under the Law.

We find that God had a Respect, and was somewhat more Favourable, to the younger Brother and his offering: nor do we read, that God by any Act, did ever give up or part with his Right to Tithes: no surrender or Alienation, visible in the Case.

Impleadable under the Gospel.

Under the Gospel, Christ and his A­postles, are so far from Dis-owning, or non-claiming them: That we find them expresly Requir'd, Matth. 23.23. And in the same Evangelist, that Christ by that Precept, of first reconcile thy self to thy Bro­ther, then come and offer thy Gift: that he Approves of the Payment thereof.

• Necessary Purveyings are Jure Di­vino.
• Tithes are most necessary ones for the maintenance of Gods Church:
• Therefore Tithes Jure Divino.

Par. 94. A Titheable President.

I Find Abraham very Punctual in Paying of Tithes, even of his uncertain Re­venue, his very spoils: now he did this by Command, and so a Pattern to us; otherwise we may tax him of Will-wor­ship: of which the Scripture is altoge­ther silent.

Par. 95. Compulsory Maintenance better then Volun­tary.

'TIS mis-objected, that Contributi­ons were Better: leaving every one to his Mouldiness of Spirit, to pay what he lists.

A swift way to turn the Clergy, into that hainous and abominable Sin of Flat­tery: To have the Rich in Admiration, to be amply Allow'd; but the Poor in scorn, to feed upon Husks; because there's no Hopes of Reward.

Why Contributions should not be still Continued, which was the old Livelihood; before the Church was Inducted into Tithes: is demanded by some.

As by a Case.

J. S. hath Red-acre in Possession with a Right to Black-Acre; but no seisin: Doth he by the actual Enjoyment of the one, forfeit his Interest to the other.

Par. 96. Why Demandable.

IN fine, the Reason of Tithes, was the Instructing of the People, in the Ser­vice of God: with Continual Intercessi­ons, for their chiefest Blessing; which must continue to the end of the world; and so then on necessity, as well as Pre­cept; must Tithes be perpetually Paid, and freed from Alienation: otherwise the Service of God must cease, and all precious souls dearly bought by Christ; be Expos'd to Damnation.

Par. 97. Due by the Law of Reason.

BY the Injunctions of Reason, can Civi­lity be so beetle-headed, so very a Dolt; as to dream that Schollars, ex De­bito, or of Course, by bounden tie of Con­science: are oblig'd to be up early and late, Threshing at Study; enjoy no more Ease, then Hedgers and Ditchers; but still Carking to Purvey, and lay up for the Soul: wasting themselves, and parting with their Stoage of Oyl, as shining Lamps, to lighten the Laity to Heaven: And with [Page 166]the Apostle, The Workman not worthy of meat.

Par. 98. The People Ʋnedified, so no Pay due.

IF Tithes due and well deserv'd: how comes the Church to be thus Rent asunder, over-spread with Schism and Heresie: were the People better Taught, more Godliness and Unity would Shine: Popery depress'd, and the Orthodox on the Top of the Hill.

The Estovers of the Church, why Payable.

This is a bungling Cavil, and not worth a Reply: Tithes were paid to the Levites, because set apart to give Atten­dance, at the Altar: so the Clergy now Claim Tithes, because separated to the Gospel: And not on the Account of suc­cess. One may Plant, and the other Water; but Heaven alone must give the Encrease.

The Brachium seculare must instruct, for Mucro Ecclesiae is no more Dreaded, then a Pot-gun: the Clergy may Preach, and labour their Hearts out, for the Spiritual Peace: to stubborn Hearers, that will stop [Page 167]their ears; or if Instructed, will not Pra­ctise. How can our good Spiriters, the Spurners of the Clergy be edified? that Routously trivant after untemper'd Mor­ter; and refuse the Church.

The Justness of the Law to the Church.

Not to belye the Common Law, it bears a just tenderness to the Church: 'tis true a lay-man may be discharg'd of Tithes, by Grant or Composition; but not by Prescription: that is, the Law will not suffer, to prescribe, in non Decimando, in Exoneration or Discharge of Tythes; only for the modus, the same with the Ca­non Law, where a Prescription is not Al­lowable: And the Decimae Consuetae, or the manner of Decimation, so it amount to a Muneration, or Competent Portion; doth not enervate or weaken, the Deci­mable Right: Payment of a sum in half Crowns or Shillings will not vary or pre­judice the Duty; in Discharge of Predial, or mixt Tenths.

Par. 99. The Decimal Right, formerly Appendant to the Spiritual Conusans.

ANciently, if Tithes were substracted: 'twas suable in Court Christian: But then if the Right of Tithes had come in question, by W. 2. 'Twas Triable only at Common Law. For Pensions they may sue in the Spiritual Court; but if they be Prescriptible, by the 13 E. 1. it must on Fine-force, be claim'd at Common Law.

After the Norman the first Law in be­half of Tithes was the 18 E. 1. Art. sup. ch. a Declaratory of the Common Law, with a Ratifying of the 9 E. 2. under the Royal Assurance.

18 E. 3. by sc. fac. out of the chief Court, as old as the Nation: the Clergy were sub-paena'd to render their Dues there: this was Conceiv'd an Encroach­ment on the Church: so Remedied with a salvo jure Regio, or special saving to Re­gal Rights.

2 R. 2. Church-men were Decimated by secular Courts: This was likewise Re­dress'd, without demonstratively Proving it, to be a Lay-Chattel.

15 E. 3. 'twas Declar'd, that Pursuing [Page 169]of Tithes, of Right did properly, per­tain to the spiritual Court: Thus in all Ages, by the 14 E. 3. 25 E. 3. 6 R. 2. 7 R. 2. 2 H. 4. and several other Modern Laws: the Church was reliev'd, and the Maintenance preserv'd.

For Blessings Renovant, Tithes most Due.

For Winchelsies Canon, 'tis by some question'd; but for growing Profits, I meet with no Doubtings, at all among Lawyers: Tithes in Law are not naked­ly a Lay Profit apprender, barely a Rent Charge, or Canonical Allowance: But an Ecclesiastical Inheritage, the Fee sure more then Positive, without doubt Di­vine: a Provisional Due, Recoverable under the Gospel, as well as the Law; as of Divine Right.

• The Moral Law is Jure Divino under the Gospel.
• Tithes are of the Moral Law.
• Therefore Tithes Jure Divino under the Gospel.

By the National Law, this quota Pars, as the 13 E. 1. calls it, is usually defin'd, a Church Inheritance, Collateral to the Estate of the Land: and therefore not Extin­guishable by Feoffment.

For Example.

If a Mannor be alien'd by Fine, the solemn'st instrument in Law; this shall not Extinguish Tithes: the Alienee must to Confession, with the Parson for his titheable Inte­rest.

Par. 100. None Indecimable or Tithe-free.

NEither are Tithes, extinct by unity of Possession; as other Charges is­suing out of Lands, are subject unto: Therefore,

If a Parson, purchase the Mannor of Dale, of which He's Incumbent: by this Acquest and unity of seisin, the Land (by Act of Law) is become non-Decimable: But if the Parson infeoff or Lease out his Parson­age to A. He shall have Tithes, against his own Peoffee or Lessee: for Tithes were not discharg'd, only uncharg'd or sus­pended.

At Common Law, put the case, that

A. doth demise his Rectory to B. Rendring Rent; in lieu and satis­faction of all Demands; as well [Page 171]Spiritual as Temporal: 'Tis quaeried whether now Titheable.

Though the word Demand be cutting in Law, indeed very Chain-shot in most cases, of the mightiest extent and opera­tion: yet I conceive, it shall not exone­rate or acquit, the Demisee of Tithes: being more then common Reserves of Rent, Duties inevitably due, as Debentures to the Diety.

Let the Bargain be more closely wor­ded.

As a Demise of Land cum Profi­cuis, with all Perquisites and Avails: whether now due.

I conceive the amplest Grant, without particularly nam'd, will not pass Tithes; because Spiritual Duties, and Collateral to the Estate of the Land. By Law a Tribute Parochial, for the support of Religion; for which the Parson Imparsonee, or Purveyor of the Soul, may take of Common Right, without any Customary or Civil Provi­sion: the Duty lying in Prender, as well as Render. For can the Judicious imagine, that after we are spiritually treated; God intended that his Suffragan, should [Page 172]with Cap in Hand, scrape to Mister, or Gadfer for his Wages: and be foxtail'd, without even Romescot, or a penny for his Balm. Like the labouring Bee, to fill the Hive of the soul with Honey; and not to be vouch-saf'd the Wax for his Can­dle, but to be even smother'd for his Pains.

Par. 101. No Duty, no Pay.

THis clerical Estate, or divine Exhi­bition, though of absolute Tenure and sacredness in Law; yet Abusable: the Incumbency consisting chiefly in Feasance, or active services: for should the Curate, play the bestial Churle, refusing Celebrare Divina, to execute his Curacy. Non­solvence of his Dues, on Course is Absolvable in Law and Nature. Like an Annuity at Com­mon Law, granted pro Consilio impendendo, and the Grantee refuses to give Counsel; the Annuity ceases. For that a Benefit ought to be mutual, otherwise as a nude Compact, it binds no faster then a Girdle without a Buckle. This under submis­sion [Page 173]is thought by many grand Lawyers, the Statute of nature: a Doctrinal instin­cted, and reveal'd by Reason.

So many leaves has been spent on this Point: And the 27 and 32 of H. 8. par­ticularly the 2 E. 6. hath been so good a Protestant, to settle the Payment in Peace: that to warble more on this note, were as useless now as an Attempt, to drain or check the Sea.

Par. 102. To be Incumbent of Livings is neither Gluttonous nor Greedy.

PLuralities much annoys the Sque­mish, as the Spawners of Idleness; the Bane of Virtue: Batlers over­fed prove Cromming Punchey's or meer Belly-Gods and Trivants in their Functi­on. Insiniteness is not favour'd in Law, as excessive Damage, Distress infinite.

An apsey stammer, will escape this leash; Wisdom surely was not nodding and Dormant, in the 21 H. 8. nor in the least [Page 174]slumber or Drowsiness; when this Du­plicate or Faculty of Grace was ordain'd: In Law the worthiness of Acts, are measur'd by the object, about which they are Conversant; or by the Tendency unto the End, for which they are fram'd: Now the object, was Tran­scendency of Parts; the end, Chaplets of Honour, for indefatigable Merit.

But supernumerary Cures thwarts the Canons of Lateran: Gawdies that repast not the Body, but surfeit the mind: tal­low indeed the Sides, but breaks the Back of Reason: a Rudeness in Breeding be­yond the Lording of the Popes tot quot, or wadling Gutlings; for some over­grown Paunches, their Heads usually lank and homely furnish'd: to gourmandise and engross the whole Table, leaving no Room for many, whose Parts intitle them; to be Guests at the Holy Battles: Besides non-Residence must needs march in, it being miraculous, to recubate and supply two Cures, without ubiquity.

The squintings of Envy not Regardable.

Dis-foresting and Scarcity of Wood, will neither Cool, nor Chill thickscul ma­lice: Staves will be found to strike Virtue.

We agree the Statute, to be stricti [Page 175]Juris, taken very closely against non-Resi­dents, Faculty-Favours, and Gulliguts: and therefore if a Bishop be translated to an Arch-bishop, holding both Dignities: or a Baron created an Earl, although both Honours be consolidated in one Person: yet shall they not qualifie more, then what an Arch-bishop or an Earl singly might have done. And the 21 of H. 8. with some Exceptions, confirm'd the La­teran Canon: However when Popery was here in Pomp, the King and others too, might have dispens'd with it: for stricto Jure, at Common Law, there was no Cession, the first Benefice not void, void­able only by the Lateran order: As the Law of those Times, of a secular Priest; if he had taken Wife, leaving Issue and died: the Issue Inheritable, the Cover­ture being not void, voidable only by Di­vorce.

Par. 103. Priviledges of Favour.

ANoblemans Chaplain may be doub­ly Benefic'd with Cure, without suing out any special License or Dispen­sation: But I find it doubted by the 14 [Page 176] Eliz. whether the Law Spiritual will al­low of the same.

If a Nobleman by his Letters Testimo­nial qualifie six, when in Right of Law, He should have but three: the three first Promoted shall only stand, and the rest put by: otherwise the Clergy, that of all men should not be Raking and Covet­ous, but rather Liberal and Self-denying, would be (near as bad as Simonists) Mo­nopolists, and Engrossers: And the In­tent of this Indulging Law, Abus'd and Defrauded.

But I think were the matter well exa­min'd by the Quaerent, the Plaint would cease, without any more ado: the Grapes are only sowre, because not within the Pull, of some pedantical Clutches.

Indulgences to Dignity.

May not Plenarty of virtue, the Top-Pregnants of the George and Garter, for goodly Excellencies; claim by geometri­cal Justice, the Priority of Choice, with Benjamin's mess? nay Plurals and Exceed­ings, with a Trialty; if Major Domo, or Majesty think fit? Besides, should this Hill be taken down, and laid [Page 177]flat: Nobility would find some smart in the Tumble; for Qualifications, Privi­ledges of Honour, inherent to Noblemen; must fall to the ground, incorporate with the Dust, and be seen no more: thus their stutting to level this Mount, will defraud the Church of its Magnetism or fair Al­lurements, to incourage the climing Gra­duates. And also the Ʋpper Nobles, of their Statutal Right, to gratifie their Chaplains, and promote elegant Desert.

Par. 104. A Curious Conscience Condemn'd.

ON the seriousest Debate within my self, with the Aid of the strictest scrutiny in Policy; the narrowest search, into the sacred Tomes: I cannot find, but the Counsellor of the Soul, Consci­ence; may be as well over Touchey, as Ten­der: And therefore by the Commands of both, ought to be modell'd after the Rules of State; that is, Law.

Positive Law mislik'd and Maunder'd at, be­cause mis-understood.

That the Eldest Son at Common Law, should sweep stakes; or go away with all: And though he die, living the Father, his Issue by the Fiction of Representation; still to be Entitled to All. And if the Parent chance to pop away, without a legal Set­ting out, or Disposing of the Fortune: Then for the young Gallanter, as some call him, to flant and tear with a witness; turn the Brothers and Sisters a Begging, and sett the whole Covey: And that in Conscience is Hard to some; unreason­able with others: Nature being an impartial Carver to All: a Meliority then, that is, the primer Choice, or better Part; to the eldest were fair and sufficient. But for one, usually a Lurdane, or the least worthy; to loll and take up the whole Chariot; and guzzle alone: And the rest to foot it and starve. To many Discernments, is an hea­vier Doom, then to the Mines or Gallies; a very Garlick Law, unknown to the very Blacks: contrary to that of old, which was but the bigger Stake, or fatter Collup; and not for one hovering Greedigut, or gut­ling Hebler; to Crom and Cubboard the [Page 179]whole Belly-Timber, keep Spoon and Broth and All to Himself: a very sodden Custom, and not becoming Humane na­ture.

Par. 105. The Law justified, and the Maunderer check'd and Refuted.

TO couching Gutlers, lobbing in the Chimney Corner, that would gladly Catch Fish, without wetting the Foot; with the snout continually in the Porridge Pot; this Noble Law, borrow­ed from the Saxon, (as per ch. J. B. in 1 & 2 of Ph. and M.) is thought smooth­less and over-smart: But with the bra­ver Allay, most Politick and Rare; for the Preservation of Families, the Quickning of Industry; but chiefly for the Flourishing of Monarchy.

The Intirety or whole Dish question'd by the wisest.

Neither is this the Cloggy Maunder­ings of some Mopsey Heads, but the Doubting of Causidical ones, Judgments of the first Rate; as not strictly maintain­able by the Law of Reason, though Reasonable: [Page 180]a very nice Reasoning, which doth not attach the Reasonableness of the Cu­stom: For should the Fortune be Hut­spotted, or slic'd into Driblets; the whole Class of Honour, would soon moulder away, and in a short time come to an Alms: In fine, the Monarchy Rebate much of Orna­ment in Peace, and strength in War: go very low, and shrink into Splinters.

Thus with severer Judgments, 'tis no unconscionable or foul Dealing, to Horse the Eldest, and to leave the younger to seek out for a Steed.

Par. 106. The Casual Promotion, or Right of Descent.

IN nature this Gourmond, Flanting of El­dership, or Repeek of Primogeniture; is but the Chance or lot of being the First­born: Hence Inheritance is the fortuitous Dole, and Favour of Fortune; and Go­dee Fortune, a plain Lotteress: where usually the solar or most Excellent, are fobb'd off with Blanks: But the Satur­nine or Gaffer Souls grac'd with the Prize: in Justice happily no hard measure, since Ideots would trouble the Door; if not buoy'd up by the Imagery of Happiness: And since others are enrich'd with Arras, [Page 181]the Goods of the Mind, they may well be Content, they enjoy more; then what feathery Revellers can ever hope to attain.

However the Moderator, or Ʋmpire of the Law, Equity; which should relax and qualifie, the severity of Justice; will give no Redress: But Capuchin-like, leave the Children, to seek their Bread; ex­posing them to pittiless Charity: for the Chancellor is bound, according to the Maxim: To order the Kings Conscience, according to Law.

Par. 107. Estates partible by some Sanctions.

BY the Civil Law generally, the In­heritance is Divideable among Males: At Common Law, if the Estate be Per­sonal; 'tis likewise shareable: But Pri­mogeniture, is a gracious Minion of the Common Law.

For Example.

If an Advowson, descend to Copar­ceners: And they can't agree to Present; the eldest shall have the first turn: And the Assignee: By Right of Seniority, or Priority of Birth.

Par. 108. Customary Law consists with Reason.

BY Godmanchester or Borough English, for the youngest Son, to come Peeping: after the Inheritance, is more then lusti­ly promis'd, perchance orderly setled; justling out the eldest, and snap all into his Claw: is a Pertness with most over-bold, and unmannerly.

I confess this Law by many, is adjudg'd very odd and crabbed; against the very Course in nature: For by the steps in Nature, the first in Being, as eldest in Knowledge; in Justice ought not to be youngest, or last in Love: But first in Preferment. According to Philosophy, there being no Motives in nature; for a moral Tenderness, for what's unknown: In Discretion to leave a Swan for a Gosling, is a strange Levity; Having eaten no Salt with the one, the recent Compani­on, may prove old in viciousness, though young in years: And so no good Angel for our Embrace.

Though the right Hand, was indulg'd by Jacob to Ephraim before Manasses: which Joseph would have conferr'd on the eldest. But it seems the younger was the Tid­ling, [Page 183] Dads nown Child, or Mams White Boy: or according to Law; the least thought on, the most unable to shift for himself, but as much a Gentleman. And so merited the more Pity and better Portion.

Mootable Doubts.

1. But whether Lands of this Tenure, in case the youngest shall die without Issue; shall still descend to the younger: And not to the eldest, after the Course at Com­mon Law, are fine Moots for Utter-Stu­dents.

2. Whether one seis'd of these Lands, leaving Sons the Wife Inseint; whether the Son in Esse, shall Inherit by virtue of the custom: or the Posthumus or After­born shall oust him; as in Shelley's Case: is a quaere for the under-Mooters: For by the 11 of Car. 1. I find the Court, Divi­ded in both Points.

Par. 109. The Inheritable Levellers or Brotherly Sharers a warrantable Custom.

IN Gavelkind, that the Brothers only Doient ouellement Inheriter, should shoal together, to share alike; and run away with the whole Blessing: And put by the poor Sisters, to pick sticks, to make their Pot boil: And happily go without the Price, of Esau's Birthright; for their Pains: to Blunderbusses is very Hog-like, and al­most Incredible.

Owelty of Partition Reasonable.

This Parcenary or Co-Heirship of Lands, hath been along Time in usage, because built on the clearest Reason: for that every Son by the Verdict of Heral­dry, is a Gentleman alike; and in Possibility of Law Co-heir, or equally born to the Blessing: who hap­pily through honest Strivings, may not only make Himself; but even enlarge the Family, if turn'd abroad with Powder and Shot, to bird for a living: that is, somewhat fledg'd with Res relicta, a Com­petency; [Page 185]which probably may render the Flight Prosperous: But if thrown off with a Spar-Hawk, and four Nobles Rent, when he can catch it: or kept at Home all his Prime, as a Drudge; and when the Parents turn is serv'd, shak'd off without Hands or Legs, naked into the world: his House can expect no Advantage or Credit; by this scanty cruel Purparty, and unnatural Nurture; but Calamity and Shame: for that Brick cannot be had without Straw, nor even mud Walls dawb'd up by Drudging, without Materials.

The Egalty of Sharing no new practice.

Neither is this Shashton or shifting, without President; for the whole world became a Divident among three: happily imitated by the first British King, and so continued: But this Co-Heritage or Part­nership of Estate, was very provisionally to make good Families, by the 31 H. 8. made indivisible, after the Course of the Common Law: this Inheritance pro Indi­viso, or dribleting usage, proving very de­vouring: As the Child of Idleness, and the Decay of brave Descents.

Law Ruleable by Custom.

A stranger Custom I have from our an­cient Writers; that if a Freeman took a Villein to a Freehold and libero Thoro or Free-bed: And they had Issue two Daugh­ters, one should be Free, the other Villein.

The servil'st Condition of Servitude.

The Substantialis which Bracton speaks of; that what is the Servants either by De­scent or Acquest, shall be the Masters: is a Law fuller of strangeness.

Par. 110. Custom Patron'd by Law.

THat the Heir at 15 by Feoffment may alien; but not by Devise: nor by Lease and Release, which in Law of Charter Lands, amounteth to a Feoff­ment.

By some custom, when He can measure an Ell of Cloth, or tell twelve pence; with crawling scruplers, savours of the Cross and Pile, or Span-Counter: for a meer youngster, just out of the Shell; may perform so easie a Task: And yet [Page 187]to be inabled, to do the solid'st and gra­vest of Acts; is strange up to the Hilts: for so we must adjudge the Parting with the Temporal Blessing; for without it, the soul can hardly solace, in a quiet Sphere, to mind Heaven.

Par. 111. A Concession void, if not Pursuant to the Custom,

IN Copy-hold Lands, if the Custom be not strictly pursued, the Grant may be Avoided.

• Concesso the Ancient Rent, hath ever been in Gold: and on a Renewing, the Reserve is in Silver: this va­riance in Quality only, is enough to dash the Grant.
• I find by an old year-book, that at Common Law,
• If one fell a Tree, and at the same Instant carry it away; the Law will charge but Trespass: But if the Tree be suffer'd, to lie some Time, and then be ta'ne away: the Prisant or Taking will be Death.

In brief, Customary Lands not forfeit­able for Felony; as descendible Estates at Common Law: but the Father to the Bough, and the Son to the Plough: with the severe tastes, of the Cherry-Pitt, and is marvellous.

Par. 112. The Female Inheriting masculine Reason: Be­cause Indulg'd by Law.

AT Common Law; For the Females to have All; by some Custom the El­dest, by some by Right of Propinquity or Proximity of Blood, the Youngest Alone: And not the next Heir Male by Right of Honour, or Course of Nobility, to pre­vent Absaloms Bewailing, and continue the Name and Memory of the Ancestour: are the Stumbles of the Wise, and Strange in Conscience. Which put the great Judge to a non-plus, in that famous Case of Salphaads Daughters; and for a Deci­sion, enforc'd an appeal to Heaven.

Par. 113. Thirds the usual Joynture of the Common Law.

1. AT Common Law, the Wife Indow­able only of the third Foot; of the Tenements of which her Husband, dy'd seis'd during the Espousals: to hold in seve­ralty during Life. Which is but reason­able though she brought nothing, (a vir­tuous Woman being more valuable then Rubies;) otherwise in case of a rude or Careless Husband, she and her Children may beg.

Par. 114. Dowable of the Moity by Custom.

2. BY some Customs, the Wife to have Half of the Lands; which is not un­reasonable: it being Intendable, not for her self alone, to Gallant it; to cast off the Children to moan for an Alms: but to breed them in the Fear of God, and when grown up and capable, to settle them in civil Callings.

Par. 115. The Free Bench Indulg'd by Custom.

3. BY the Bounty of some Customs, to have l'entiertie, or the whole without Paying one Groat of Debt; with many is thought very unfitting, and too large a Portion: to be left at Liberty to marry again, or turn Gallantress; to undo Her self, and beggar the Children: which is directly against the Civil Law, and the Canons of modest Reason. One would think Dowment de la pluis Beale, of the fairest or best Part, should satisfie the Law: and not suffer the Relict, to swallow the whole.

This Favour of Law is call'd Frank Bank, because the Free Gift or Provi­sion of the Law: without the Care and Contract of the Parent, or Covenant of the Husband.

But this Boon of Law, is without doubt, violently intended, to pay Debts, for the mutual Benefit of the Children. Nei­ther can I Imagine any Reason, but Equi­ty may enforce it: And not for the Wife [Page 191]to soop All, and set it Flying idlely and la­vishly; in Mistressing or Masquing.

Imprisonable before the Debt be due.

4. By the 5 E. 4. if a Debtor become in­certi laris, of uncertain Abode; He's Ar­restable, before the Day of Payment: this seems against natural Reason; for one through the variousness of Fortune, may unavoidably be put to his shifts; to abscond and live Privately; on Purpose to satisfie the world: the wearer best knows where the Shooe pinches; every one is the best Justice of Himself, and what will better his own Condition: and therefore Hard, to fore-Judge any mans Integrity; till a Failer doth appear.

Contracts Obligable by Custom.

5. By Custom if one Citizen be indebted to another, in a single Contract; it shall inure as good and Forcible, as if by Bond: and the Administrator liable: which I find adjudg'd in point, 37 Eliz. Nay this Custom shall bind Strangers.

To be Jury and Judge in their own Cause is Al­lowable by Custom.

6. For the Metropolis or Head-City, to certifie their Customs by the Recorder, or their own mouths; for 'tis no better in effect; without subjecting it to the Tryal of a foreign Jury: whether Rea­sonable or no, and so Judges in their own Cause; is usual.

'Tis Conceiv'd not so full Justice, to be Party and Judge in their own Con­cerns: though Confirm'd by Statute, doth not mend the matter: for Acts of Parlia­ment in Diameter or Thwarting, natural Equi­ty, and Common Right; and in several other Cases are void.

Ceremonies, that gives more solemnity to Law, Approvable.

7. By the Course of some Mannors, Sales not valid and of absolute strength in Law; unless Presented at the next Court: By 41 Eliz. it gives more notice of the Alie­nation, and therefore the Custom bene­ficial and good.

Now should the Steward, refuse the Presentment; 'tis scrupled what Remedy the Buyer may have, against the Refuser or Seller: the same of a Bargain and sale, if the Clerk deny an Inrollment of the Deed; to Compleat the Assurance: what Relief the Bargainee shall have.

In both Cases I find the Law doubtful, with a Caveat Emptor; which is but cold Comfort and no satisfaction: the Party griev'd will be forc'd to fly to Equity, and take his Chance in Conscience: which some think may pity his Case, and give Relief.

The Remedy against the Ʋnjust and the Ʋncivil.

8. The 41 Eliz. is silent of the sufficiency of the Law in both Points: and leaves it as Casus omissus, not thought on and unpro­vided for by Law? But by the Favour of the learned Reporter, I conceive the Law very Remedial in both Cases.

1. To the Copy land, the Acts of Law, Requirable by the Custom, on the Ven­dor's side are not sufficient; till Perfected by the Presentment, and the Acceptance of the Steward: who officiates but as a servant, and Removeable at will. There­fore [Page 194]'twill be at the Peril of the seller, if he Play the Jack: there's no sence why the Purchaser should be at any loss.

The like to the Clerk of the Inroll­ments, 'tis a forfeiture of his Office; for Denying Justice to any: in both Ca­ses they are liable for what Damages the Abused have sustained through their De­fault.

If a Sheriff deny a Return, or make a false one, 'tis vindicable by Action. Nay, a greater Minister of Justice, then such pet­ty Abjects, as Green Bags, or Black Boxes; if He delay the Presentee in his Instituti­on, He's Compellable by Law: other­wise he might take Advantage of his own wrong: an Absurdity the Law will not suffer.

A Bishop bound to shew the Cause of his Refusal. For a shifting Plea He's Amerceable.

9. Neither is a Bishop by 32 Eliz. Allow'd to trifle with Justice: for on a qua. Imp. brought for Refusing a Clerk: his Plea must be certain and full; his bare Alledg­ing that the Clerk is Schismaticus Invetera­tus will not satisfie: without shewing in Particular, How and in what, that the [Page 195]Court might (with the Assistance of Divines) determine the matter before them. And therefore for a Dilatory Plea, the Bishop is generally Amerc'd.

Permissive waste unpunishable.

10. If one Demise a Farm, with a fair House, and fruitful Herbage thereunto Belonging, at will: And the Tenant prove an ill Husband, over slothful and Base: suffering Both to go to Ruine.

The House to fall down for want of timely Repairs; or Burnt through Care­lessness: And the Land to be Juncose or become Rush'd over, even over-run with Weeds and chok'd up. 'Twill soon be Demanded, How the owner shall right Himself, of so wretched a Fellow.

At Common Law, by the 42 & 43 Eliz. B. R. I find it Adjudg'd in Point, no Relief: And the Statute of Gloster, leaves it Incurable.

Neither do I find it Curable at all: for by the Pliers in Equity, I'me Assur'd the Chancellour is not sworn, to make Fools Wise.

If men dread any After game, a Gods [Page 194] [...] [Page 195] [...] [Page 196]name let them Away to the learned Law­yers, and for a good wholesome Fee, they will secure them against such unlucky Rentors.

Voluntary Vastation Punishable.

11. For spontaneous waste, as pulling down of Houses, Ploughing Meadows, Destroy­ing Woods; which alters Evidences, and so tends to a Dis-inheriting: I conceive it, Punishable by Action of Trespass: It a­mounting to the Determining of his In­terest, without Entry of the Lessor.

Par. 116. Conscience must be Submiss and Silent, to the Digest of Policy: Law.

NOW there's no Mooting for Con­science in these Points, it must Con­form and agree it for Law: And if Law, then Justifiable at the grand Sise; for if not Connatural, or of the like Dimensi­on, with the Law eternal; 'tis monstrous and not to be practis'd.

To clear this by a Case.

If J. S. infeoffe J. N. of all his Lands [Page 197]in London and Middlesex: And give Livery only in London, the Lands in Middlesex will hardly pass: Had they lain all in one Shire, though Remote, it had been a good seisin of All.

In natural Conscience, doubtless they are Convey'd, by the same Intent, Com­priz'd in the same Deed; and the Con­sideration the same: yet the great Oracle of Polity, the Law; will not allow of the one, though it tolerate the other.

Conscience guidable by Law.

• A Bond defeasanc'd, to murder J. S. is void: but a Feoffment, Condi­tion'd that the Feoffee, take a Purse on Black-Heath: the Estate is in­defeatable, though the Condition be impudent and bindless.
• So
• A Grant, that the Grantee shall not Alien, nor be Pernor of the Profits: the Estate Compleatly good, though the Provisoe be tri­fling and illegal: an obligation in both Cases, Concords with Law.

• [Page 198]If an Infant or Mad-man, steal or kill; unless wittingly and ma­liciously: they shall not be im­peach'd: But in Trespass for a Corporal Hurt, they may be im­pleaded and punish'd too.
• So
• In Felony, if the Principal die, or be pardon'd before Conviction; the Accessary is quit: But in Trespass, 'tis simply otherwise.
• For
• If J. S. abett his servant, to strike J. N. or burn his House: if the Abettee die, yet the Action of Tres­pass or Conspiracy, stands good against the Abettor.

In these Points, according to the sages of Political Reason, Law; from Diversity of Law, arises the Diversity in Conscience: which ought to be lead, by the Amber Chain of Reason, that is, Law; And not by the Hempen Cord of Fanatick Opinion.

Thus may we see with half an Eye, indeed if blinder then a Beetle; how In­solent and Groundless, Pretence of Con­science; [Page 199]is represented by the Perspective, of Refin'd Reason: that clean and blanch'd Reason, doth not regard every Scullion frantick Humour; nor will it be rul'd by the Distaffe: so it respects the safety of the Church, the Common Peace; 'tis sufficient to be engrav'd in every Breast, and obey'd by All: but Rebels and Pa­gans.

Par. 117. A good Conscience Regulable by Law.

TO come more close to the Saints, to prevent rude Sallies on Divinity: let's agree the Conscience, the Reflex of the soul, or Nuntio of the Diety; garbling the good Objects from the Bad; the white Angels from the Tawny: Ad vulgus or in a secular sence, 'tis still but Winnowed or Exalted Reason, Law: which must be Ham­mer'd and Regulated by Magistracy; and since Oracles are ceas'd, the voice of God silent; what other Asyle can there be? 'tis true, the Power Divine (in the Throne of Diety, the Soul) is still vocal: though not Articulately to the Ear; yet Intrinsically by the Impulsives of Nature, to the Conscience: his speaking by Su­premacy, must be Recorded; and as to [Page 200]Externals, the Dictates of Fann'd Reason, Law; ought to be obey'd.

A Citation before an Incompetent Judge, dangerous.

• If J. S. be Excommeng'd in the Court spiritual, for matter of Temporal Cognizance: which pro­perly belongs to the Crown, and Dignity Royal: He must be As­soil'd, without making satisfacti­on: if the Plea be continued, a Premunire may endanger, the Party litigant and Iudge too.
• So
• If a roguish Royster, lay violent paws on a Clerk, Handling Him somewhat roughly with Blows, the Battery is soly Determinable in the Court Temporal: the Rude­ness to the Person, Pour ingetter les violent mains sur luy, in the Court Christian.
• At Common Law.
• Dato that a Lease by Deed, is made to J. N. Remainder to the Right H^rs of J. S. with Livery too, ac­cording to the Form of the Char­ter: [Page 201]Here's a good Estate, to vul­gar Reason, in Conscience; but in Law, the Remainder: if J. S. be then living, flutters without a Wing, and is void.
• The like.
• Lessee for 40 years, takes another Lease for 20 years: Conscience intends to inlarge his Interest to 60: to make it up a round number of years, equivalent to a solid Estate: However his Condition is worsted, and in Law here's but an Estate for 20 years.

Thus Conscience must comply with Law; if not, the Law will be more then Angry, fling and bite too.

Par. 118. No Faultiness in the Law.

WHY should sublimated Reason, the Law, be storm'd or flouted at? being no way Factious, having no side; no by-ends, no leaning or Respect to any? I confess 'tis past ordinary Cunning, to encounter this Monster, to reduce Schism, to the lines of Mediocrity; to submit to legal Prudence and Authority.

Spuriousness of Zeal to spurn at Law.

The world is come to a fine pass, huge Hopes of Saint-like Times; when the Spindle and the Prong, every blober-lip'd Wise-acre, not a Flight quoad Intellectuals above a Plant-Animal; must question Acts of State: And not only demur in Obey­ing, but manfully jocund Himself, in Resisting: 'tis neither grave nor safe, to romp and wherle, through Thick and Thin, lege inconsultâ, without Advising with legal Discretion: to plunge them­selves in needless Troubles. The Law marches slow, but discharges swifter then Pegasus.

Par. 119. Single Conscience must Conform to the Ʋni­versal.

I'Me ignorant of the Reason, why a Private Conscience should not comply with the Publick, that is, the Law: Provided it be no way Pernicious, overtly polluted, with superstition; not Incon­gruous with the Word of God: ought any be suffer'd to adore their own Phan­tasms, the swiftest slide to Perdition?

Ragers against Order not Tameable by Mildness.

And since our Restraints are not keen enough, to quiet this Divine Rage: whe­ther we ought not, to Contrive stricter Shackles, to curb and tame unruliness: let Ignoramus Judge?

The stifest Doves if Decimated, will Bend rather then Bent.

Aliud Plectrum, Aliud Sceptrum: Com­mutation or round Mulcts may reform; since Deporting or Corporal Pains will not prevail:

They Peacock themselves in the one, but would hardly brustle or brag of the other: when they return home and find all clean Swept; nothing left to nurse their Cyni­cal Zeal, they will then bethink them­selves, and resolve, that moderate Obedi­ence is much better then traping Sedition.

Par. 120. Mis-conceivings, and mis-Teachings, Dissected and Resolved.

'TIS misconceiv'd and Precepted too, by some Tripanning Wits; the Trumpets of Ʋproar and Drums of Rebellion: That

• 1. No Theft ought to be Capital.
• 2. No War can be lawful.
• 3. Going to Law, is not Warrantable.
• 4. That the Centurion of the Soul, Con­science; is purely spiritual: And strictly by Divine Right, ought not to be Butted or bounded by Law.

1. For the first: because Pains in Law, must be inflicted Egalment, or equally to pace the Offence: And there can be no Analogy, between the thing stoln, and mans life: And to punish, beyond the Da­mage, is cruel and outragious.

2. For the second, That according to [Page 205]Christ, if one cheek be smitten, the other must be turn'd: And that Revenge­ment belongs not to Mortals.

3. For the third. That St. Paul in some Rage, chides the Corinthians for Going to Law: And enjoyns them, rather to take Wrong, and be Defrauded.

4. For the fourth. That 'tis more then a Purpresture, or foul Encroachment, on the divine Priviledge: the Conscience being a noli me tangere, a kind of Deified Essence: that must not be touch'd, but by the Spirit of Souls, the Celestial King: And that Civil Laws bind no faster then Sha­shes and Garters; that may be loosen'd, and thrown by at Will.

Punishing Theft with Death Consists with Conscience.

1. For the first. I conceive the Mosaical Laws, are not simply, only modally; not Absolutely, only Directorily Binding to us: therefore Christian States, have decoll'd or taken off capitally, Malefa­ctors; mulcted by them only by Retalia­tion, or like Damage.

That there's no Parity between Hu­mane Life, and the Purloin or thing stoln; I agree it, taken materially: But in the Pilfery, we must Consider, not the Be­guiling alone our neighbour; but the Breach of the Peace: And therein not only setting at naught, but Resisting the whole State. And that the Publick Peace, is much dearer and valuable; then any single Tear-grounds life: no Brow form'd of Brass will deny.

But other Pains (they say) might be Inflicted, not Death; and in every petty slide, the Peace is equally broken, as in weightier matters.

Laws must be modell'd, according to the Temper of the Clime: And the Sword of Justice is soly at publick Dis­cretion. And therefore among the Ara­bians, where Thieving (if some write true) is almost as much in use as Eating; doubtless stricter Pains justifiable: Hence our Hallifax Law, may not be Amiss, in favour of Property, to promote Trade.

The Diversity of Laws.

By some Laws Stealing an Oxe or an Horse is not Felony: But for a Capon or Pig, I find the Stealer must be Pandue or suffer Death.

At Common Law, originally Cutting on the Road, no suspend' per Coll. an Hem­pen Truss; only a moral Failing, or Trespass: afterwards the loss of the Thumb. Now by necessity in State, a Tyburn Chook; otherwise Property nor Life could not be preserv'd: which Di­vines agree lawful.

So formerly Counterfeiting the Great Seal, but Felony; now Treason: Rape at Common Law, no ten Groats mulct, according to Solon's Ordinance; but the loss of Eyes and Testicles: now by West­minster the first, Felony.

By the Civil and Common Law, to Steal a Sheep out of the Fold, or an Oxe out of the Herd, 'tis Theft: by Ʋlpian to rob a Dovecote 'tis Larceny. But at Common Law, Beasts untam'd may be Taken without the Danger of Felony: But if Tame and Domestical, the Taker is by the Common Law, no better then a Felon. Maliciously to crop or cut a Vine, by the Civil Law; 'tis Punishable as Theft. Thus Pains vary (according to occa­sion, and necessity of Affairs) by the Prudence of Divines and Lawyers.

At Common Law generally, such is the Candour of Justice; the Pain must re­semble the Offence: for if the Damage be [Page 208]assess'd too Excessively, in Arrest of Judg­ment, as outragious; a new Trial on Course by motion will be Awarded, to qualifie the Excess: in Reducing the Da­mages answerable to the Trespass.

As Preventives against future Mis­chiefs, sometimes Punishments are not Ouelment or evenly impos'd: As the Sta­tute for waste, gives valorem vasti in Tri­plo, treble Damage with the Place Wa­sted.

The like for Defrauding spiritual Du­ties, treble Amends: otherwise farewel Religion; the Church Door may be nail­ed up; signifying indeed no more then a Steeple-House; when the Pastour is fa­mish'd, by substracting his Livelihood.

War ought not to be made, but on just Cause.

2. For the Ground of War, Divinity and Politicks, sever much in opinion: the one limiting it Strictly, for Wrongs first sustained; the other takes it more large­ly, conceiving a deliberate Fear, of an Approaching Danger, good Cause of unsheathing the Sword. Which certain­ly by the Practice of State, may warrant­ably set the Souldier on work: It being [Page 209] Commendable in all Fray's to get the best end of the Staff, in being before Hand: And not by Supine Trifling, to suffer Advantage, to give us the slip.

War Lawful.

For the lawfulness of it: for Defensive or Reparative Causes, few Divines doubt: for Avengement and Enlarging Domini­on, with little sleights; meer Fumes of Ho­nour; there Coeli Injuria, Coelo Cura: an Appeal to Heaven, is the only Cure, I should Advise. Every publick Abuse being Recorded above, as done to the Vice-ge­rents, of the Omnipotent. And such are most Proper, for the great Judicatory, not Impleadable below. But that the Cal­ling of a Souldier is totally unlawful; a common Conceit with the Cross-grain'd, I cannot Agree: For then the Centuri­on's Faith, would not have been Applau­ded; nor that famous Convert, secur'd Himself, against the Perfidiousness of the Jews, by the aid of Sword-men.

War not fair and King-like, without warning by Proclaiming.

In Peace if at Civil Warfare, notice by [Page 210]Summons and Citations be peremptorily Requir'd: that Dodgers take no Advan­tage, with Covinous Tricks, by Packing the Cards: the like in Military, by noble Spirits 'tis thought Cowardly and mean, to sneak upon the Injuror, without De­nouncing open Defiance: for this I find the Authority an Ipse Dixit, enjoyn'd by God himself. David indeed for the Abuse to his Embassadours, did wage War against the Ammonites: But not without giving them notice, of his Intention; to vindi­cate his Honour.

Herein I find the Concurrence of the Law of England, in Pascatia's de la Foun­taines Case a Spaniard; whom the Judges conceiv'd no Enemy, to be deny'd the Benefit of Justice; till open War were proclaim'd, between both Kingdoms; though several Acts of Hostility were Committed.

Arms justifiable if Repairs be Refus'd.

By this we may Collect, that a Prince may justifie Arms; if satisfaction by amicable Demands be deny'd: But to snatch and pilfer a Booty; by Law Military, without Proclaiming War, and Throwing of the Dart, is doubtless very un-Prince-like [Page 211]and unjustifiable: strictly by the Law of Honour, no victory; only oppression by Surprise and Rapine: no valianter then to Draw, on a naked man; or to Creep on a slumberer, to prevent his Wake. In both Cases, by the Gallant, Hen Hear­tedness and unwarrantable.

Law neither Costly nor Ʋncivil.

3. For the third. Going to Law, not sim­ply unlawful: for then not only the Coat, but the Cloak too, would soon be gone; And the Body left over naked, without Leaves. Ʋnlawful only sub modo, by Cir­cumstance of malice, oppression or the like: That with the Apostle, is utterly a Fault; and no Darling of Law.

The Law, like the Deputy of Heaven, the King; hath no gloting Eyes: petty of­fences are not only Traversable, but not Actionable: Regularly the Law will never fester, where it can cure: Being the Physi­cian General of the State, to prevent strife, and not to beget it: therefore words of Heat and Choller, though utter'd by a small member, yet often sharper then a two-Edged Sword, the Law will not heed: without Temporal Damage.

Would to God the Factious knew their own Happiness, Frolicking in Goshen, that even over-flows with Wealth, and over­much Freedom: then they would leave Flouting Magistracy, and Back-biting their best Friend; the Law: for the Law more tender-hearted, then the Empress, that hatched an Egg in her Bosom: like a good Master, to whom we have All sworn Allegiance; principally aims at a triple Avowment, to make the Subject Compleatly Happy.

The threefold Protection.

• 1. To Guard the Person.
• 2. To defend the Estate.
• 3. To preserve that, which is more Preci­ous, and of a Nobler Preise then both; to wit, the Good name.

1. If the Person be menac'd, and but in Dread of an Assault; the Bear may be muzled at Common Law as a Trespasser: As well as Justiced by Surety, de bono Ge­stu, for the good Abearing.

For Example.

If A. slay B. though necessariò (as the Civil Law terms it) in safe­guard or Defence of his own Life: [Page 213]the Town shall be Amerc'd, with the loss of his Goods.

Though Justifiable even by the Law of Nature, and Commendable too: to kill rather then be kill'd: yet the Law will Pu­nish, in Testification of Tenderness; that heretofore was Death.

At Common Law, Killing by Misad­venture though not Destinatò, with a man-slaying Intent; 'twas Murder: nay by 21 E. 3.16. a Man-slayer though se de­fendend', was Hangable: and estate for­feitable in both cases as of Murder. Nei­ther is there any great Injustice or strange­ness in this, without a slaughterous In­tent; or malice prepense: for the same was at the Judicial Law, before Sanctua­ries and Cities of Refuge were Erected. But these Mischiefs at Common Law, were Remedied by the 25 H. 3. the St. of Marlebridge.

This strictness without malice precon­ceived, was the Law of mercy, in Pre­vention of Blood: ut Dolor ad nullos, Ter­ror ad Cunctos perveniat: to fright All and punish none.

2. For the Fortune, one's more safe, by a Quare clausum fregit, then if surrounded by Xerxes Host.

[Page 214]3. For the Good name: Repairs will be bad against Defamatory Bullets, snagled by malice; by Action on the Case: which will still keep the worthy more Shot-free then Caeneus.

Par. 221. Property Demonstrated.

THat ambulatory Trespass may be brought, 'tis on necessity of munici­pal Reason, to avoid a publick Inconveni­ence: For in supputation of boulted and seirs'd Reason, all Lands are mounded, though they be Campagne, or lie un­hedg'd: which among Lawyers, is Rea­son not far fetch'd, much strain'd or Ima­ginary; if we Consult the Dominion of the Sea: which by Reason of its floting Currency, cannot be walled or Paled in: nor limited per metas & Bundas, by meets and Bounds, after the good Husbandry and Usage, of our Mother Element: yet in Contemplation of Law, 'tis deem'd shut and Enclos'd; though the Fence be not pointed out, by an Isthmus, Rock, or any other known Buttal, like an Agrari­an Mound.

By the Marine Law, any kind of Putative Boundary, by oblique Lines, [Page 215]Turnings and Angles, doth Express Shut­ting and Enclosure: And in nicety of Law, annote as great a Right on the Sea; as any Arcifinious mark, or visible Bound, on Terra firma: in a legal Meaning, those Extracluse Buttings, notifying a bound­ing Frontire or bordering Royalty.

The Lordship of the Sea, Debated and Avouched.

On this Notion in Law, 'tis not hard to Conceive, a Naval Sovereignty: though Expos'd with open Arms, Catholick and Common to All. Yet may the Pischary, as in private Rivers, with other naviga­ble Priviledges, be claim'd and enjoy'd; without Encroachment, or Infringing the Ʋniversal Rule, or Law of Nations.

The famous Civilian, that labours to have it in Common; argues more like a Philosopher, then a Lawyer: when he draws his Flourishes, from the Freedom of the Air; with others of the same strain, which are meerly Rhetorical, and not Topical: For what's in Occupation, Cu­stom, or Command, there's Property in Law: or within the Reach or Protection, of our Timber Walls; the Law will create a Pro­perty: But that some Waters are posi­tively so, none can gain-say. Therefore [Page 216]Community without leave is a Disseisin, an Encroachment or Breach of Civil Peace: and good Cause of War, if Re­parations cannot be had otherwise.

Tokens of a Maritine Interest.

The Constant Homage of Loring the Sails, doth imply Dominion: otherwise Strangers, of as high Insteps as our selves, and stand much on the Tiptoe of Honour: would hardly be so Civil, signifying in Law, as Flags and Marks of Sovereign­ty.

Christ-Dole Demandable and Due.

In a Pond, Mote, or several Piscary, Tythe payable as a Predial; and ought to be set forth, as the 2 of E. 6. directs: of Fish taken in the Sea, as Decimae mi­nutae, like Herbs, some Doubt hath been made; because ferae naturae; and the Sea within no Parish; which are but Tiffany Reasons, and not at all Convincing: for Aquatiles in fresh Rivers, are just as Hag­gard or unreclaim'd: And Lands though Extra-Parochial, are held clearly Tythe­able, to the mixt Person: 'tis granted a sum of mony, shall be paid in lieu of [Page 217]Tythes; which infers sufficiently, the Law thereby adjudges an owner-ship: If Exotick and purely Personal, why then more Tytheable, then Spices and Lem­mons? But by a late Prohibition, I find very Tythe demandable, for Fishing in the Sea, on their Landing: And that the Spiritual Court, might warrant such a Libel.

The Bi-partite Property of the Earth.

At Common Law, the Earth hath a two-fold Entire Property: the one Sub­terraneous or Downwards, of all Waters and Mines, within its Bowels: the other Supra-terreous or upwards, of Aire and all other Benefits, to the topmost Sphere: For if an Hawk reclaim'd, come into Sale, and light on a Tree; the owner cannot take his own Chattel, without leave; but will be a Trespasser: which shews there's Property in speculation of Law, in the very Air: And surely Waters are more Mainorable, that is Manageable, then Aire.

To enlarge this matter By a Decision.

Maevius hinder'd Caius, from Fishing in a publick Water.

• [Page 218]1. Whether the Obstructing were Injurious.
• 2. Whether Damageable, or suable at Law.

Pomponius liken'd the Abuse, to the De­nying one, the use of the Common Bath, or Publick Theater: unto both (by him) All are promiscuously Entitled by Law.

He conceives the Sea in no Propriety; but that all are joyntly Entitled thereun­to: As Tenants in Common. And that Fish­ing is no more Prohibitible, then shoot­ing at Wild-Fowl in anothers Ground: which by Ʋlpian is Receiv'd for Law, by Common use and Practice; although grounded on no Positive Law.

'Tis agreed one may have a special Right, to a Part or Creek of the Sea: and in case of Disturbance, an Injunction to quiet the Possession, is Purchaseable on Course: which proves that Sovereignty may extend over Water, as well as Land: though it be seldom or never Decided by Law, but by that unhappy Trial, of the longer Sword.

The Sovereignty provable by usage at Common Law.

As by a Case.

E. a sole Trader, born on the Coasts of Flanders: Is married to F. a Citizen of London; born in the Port of Deep.

• 1. Whether E. were born within the Lige­ance of England.
• 2. Whether the Birth of F. shall not be Con­strued of a Ship, Anchoring in that Port.

Resolv'd.

I find both Points held in the Affirma­tive: And that the Sea is within the Kings Ligeance, and Parcel of the Crown of England.

The Immensity of Water makes no Signiory in Common.

The vast wideness or immense Mighti­ness of Sea-Room: Elbow Room enough to satisfie All, with Lawyers is a very babish Plea: And makes nothing against Domi­nion. For in Law, there's as much Pro­priety [Page 220]in the largest Fields; as in Crofts or Pitles: Pety Closes or small Paddocks.

Therefore the great Civilian, though a Compleat Marksman in all Learning; in this Point, hath fail'd of his Aim: and hits not the Bird in the Eye.

Par. 122. The Right of Chattels Discuss'd and Defended.

AS Lands are Adjudg'd in Law, to be Bounded; though Fenceless: the like doth the Law conceive of Goods, though Subdiale, or out of Doors: not under Lock and Key. Yet in Construction of Law, they're Conceiv'd in Manual Custody; by the secundary Conclusion, of the Law of Rea­son: to Conserve Property.

Hence in Law Regularly, an Entry in­to the Freehold of another; even but to Hawk or Hunt, or barely to walk out, to take a mouthful of Air; without Leave of the owner, or of the Law, is not Congeable or safe: And such Entry with the smallest Hurt, of Fishing Waters, or Cutting Grass, is a Disseisin vi & Armis.

The Prerogative or special Priviledge the Law ascribes to the House.

Beyond Controversie, in Law every [Page 221]mans House is his Castle; as well against violence, as for his Repose.

• If J. S. happens to be slain, by J. N. se Defendendo, or Permisfortune: without any mischievous Intent. Yet 'tis Felony, Goods and Chat­tels will be forfeited: for the high Regard, the Law hath to mans life.
• But in Defence of his House, if Theeves, or any other Assailants, are Knock'd on the Head: 'tis Iu­stifiable; without any Forfeiture.

The neighbourhood may assemble, to Guard an House, without a Riot: And in all Civil Causes, at the sute of a Sub­ject, not Forcible even by the Sheriff: But on Recovery in Ejectment, by virtue of the Writ. For after Judgment, in Right and operation of Law, the House is not the Te­nants, or Defendants: but the Recoverors or his Assigns.

In brief, as the House is the Cittadel or Fortress of the Owner: so the Estovers or fuel appendant to the House, the Lands; plenarily His: with the Conterminous or neigbouring Air, and all Avails, [Page 222] usque ad Coelum, to the uppermost Eleva­tion.

Conscience Commandable by Law.

4. For the fourth. I cannot conceive, the Keeper or Guard of the Soul, Conscience; so nice and Immaterial: But that Sove­reign Power, may limit it; without In­fringing the Royalty of Heaven.

By what hath been Premised, comes up full to our Case; for the Opiniatives in Re­ligion, a Depression, is violently Requir'd, by necessity in Prudence: otherwise not only Religion, but the whole Peace of the Nation, will soon be in Jeopardy: For by the self-same Fore-head, they scoff and pick Quarrels at the Church; they may upbraid and fall out in Earnest, with the Civil Authority: And in Hurling and Heaving at the one, the other is des­perately Abus'd and Despis'd.

A queasie Conscience mightily Tolerated.

By Martial Law Mutiny, which is but Sedition in the Law Civil, is Death: if then the Mutineers, that is, the Sedi­tious; come off with Paring of the nails, [Page 223]when the offence requires the Hand: or Cropping the Ears, when the Crime de­serves the Head: nay, with pecuniary Pains or Exilement, 'tis most easie, a vast Toleration.

Roysters Drownable, and the Shipper not questionable.

By the Maritine Law, in case of Jetsam maris, for the safeguard of the vessel; the Goods of the choicest value, may be thrown into the Sea: Nay, the Mariners and Passengers, if not conformable to the marine Rules, may be thrown over-Board: And no Appeal of Homicide, by the Prochein Amey, or next a Kin, shall im­peach this Judgement. The like in a Calm of Regency, if roisterous Obstinates will on design raise a Storm: if they suf­fer in their Estates, nay their Persons lie by the Lees; they may praise their own Freekishness.

Militants most strict in Discipline.

By the Civil Law, if the Souldier did but ward off some Blows, 'twas cashier­able: But if the least show of violence, or resistance were offered; 'twas expiable with no less then Death.

Disorderly Crasiness Condemnable.

Thus by Reason in State, may Blades of Rhadamanth; the Tores, Moss-Troopers, Kidnappers, with Burglars and High­way Lads: be rewarded with the Gal­lows, to prevent a publick Mischief: And likewise Hocquetours and Suborners, with Scoffers and Flatterers, Rumpers and Roarers against Monarchy: be scourg'd with Keener Tools, then Bull­rushes, or snipping the Lugs; to main­tain Property and Peace.

Par. 123. Church Disquieters Prosecuted, not Per­secuted.

• LEt's suppose our selves in the Schools, and put the Wrangle into Mood and Figure.
• To be dragg'd to Prison, for Divine Worship: is barberous and Persecu­tion.
• [Page 225]But our Church Wranglers (as they give out) are Duress'd for no other Crime.
• Ergo Handled over Rudely and Perse­cuted.

Were the minor per se nota, and evident­ly true; 'twere Hardness indeed and Per­secution: but the Law takes them as Rio­ters; not as divine Communicants: but as Rebel Meeters, yelping against Law. And the manner of their Worship, being not only turbulent and irregular, against the express Commands of Law: But the matter Irreligious, against the Known Current of Salvation: with the nicest, 'tis not Persecution; but the Profession and Duty, of the Sub-Diety or Sovereign Magistrate: according to some opinions, to cut out the Tongue, if sowing up the Lips, will not restrain Profaneness.

Par. 124. Garden-Gods not Adorable

WEre the Adorers of Bel and the Dra­gon; the Sun or Moon, Stock or Stone; fit to be accounted Idolaters, or di­vine Worshipers? if silenc'd and crush'd under foot, can the weakest that never Studied farther, then the Horn-book; ad­judge [Page 226]it Persecution? being not whip'd as Saints, but paid off as Routers, in Blin­ching and snuffing against Law.

The Diseased why Imprisonable.

Leprosie Corporeal, by the Judicials was murable, and to be shut up: to keep the Broken from the Whole; in Reference to publick safety. On this President, are the Pestilential with us, Padlock'd and Guarded: And once mark'd by Law, should the visited adventure Abroad without Leave; the Watch may resist them as Felons: How then can Divines take it ill, if for Leprosie spiritual, the Law be the same.

Par. 125. Profane Mutes seldom Disturb'd.

FOR Persecution 'tis an impudent Fa­ble, rak'd from the bottomless Pit, to mire the Church: I know no Inquisitive Law, to pick the Conscience; if the Poy­son be lock'd up, all's quiet: But if like mad Brutes, they will up and down, and spread their Frensie; to draw Disciples: then the Law Catches them, not as mis­guided Zealots, but as outward Disturbers, and Violators of the Peace.

Our great Ancestors, were not expell'd Paradise, for Chawing the Apple: but for the breach of the Precept, because pro­hibited by the Lord of the Garden: now non-Conforming is the Forbidden Fruit, the eating thereof, in defiance to the Church, is dangerously Contemptuous, against the State, and so against God; for Laws made by lawful Authority, are ordain'd by God, and ought not to be slighted or disputed; but Re­verenc'd and obey'd.

Par. 126. Laws uncharitable or Idolatrous, bind not.

LAws to inhibit Alms, in extreme ne­cessity; or to enjoyn Worship to Baalpeor, are void quantum ad Deum, in the Court Above: And not astringent to the Conscience. For humane Laws, which are no more then formal Astrictions, ordain'd for the Political Rule of the People: repugnant to Reason or Scripture; are not pro­perly Laws, but Corruptions. As Customs un­reasonable, are Usurpations, and not legitima­ted by Ʋsage.

The Law moral, the Transcript of natures Law.

ALL Regencies, though never so rude and Devilish, are sounded upon Laws; as Bars and Boundaries of Native Liberty: the Ground of those Laws, is the Law of Nature; whose intrinsick Principles we obey, because imprinted in our souls, by the Original of Nature, the Diety: now the Law of Nature, and the Moral Law, differ only Notionally; the Moral Law being but the gloss or Explana­tion, of the Law of Nature: Hence all Laws are fram'd in imitation of Nature, otherwise not pleadable at the Bar of Reason. In brief, because mans nature is corrupt, and divers from the Commu­nity of nature; these Artificial Restrictions of humane Laws, on necessity were de­vis'd: as Locks and Bolts upon the Soul, for the Weal of Ʋnity and Peace.

Par. 127. Disquisitive Theft.

WHether blinking Sleights, Delu­ding the People with Wheedles, more counterfeit then St. Martins ware? [Page 229] Pilfering their Hearts from Legal Forms, be not a Theft of a more dangerous concern: then the sliness of the Peepers, that spirit only the Body, they Kidnap the soul: And more Theevish then the Larceny, of a Sheep or an Ass; or a Clout from off the Hedge: are Problems that sink deep, with the Well-wishers of Monarchy, and Lo­vers of Religion.

In Law, to withdraw the People from their Allegiance, is Treason: And there's as much Ligeance due, to the Spiritual Law, as to the Temporal: for in Truth they are Politically Identical, one and the same Bond; the King equally interested, and Supreme in both.

Par. 128. Polytheism Confounding.

'TIS a sure Theorem in State, that Diversity of Opinions; lets in Atheism, and Shifts off Regality: And strictly in speculation of State, what are Wincings against Law, and Pawings against Prelacy, but Seditious Practises against the Crown, and meer Confusions; which by Law in some sence may be Treasonable? on this Presumption of State by the 27 Eliz. the Romish Priests are Hurdled and Quar­ter'd; [Page 230]not for their Priesthood, but Plot­tings against Majesty: who holds the Sce­pter, by inherent Birth right, or Descent of Inheritance. No Crown-Holder at will, or on Condition: if his Actings out-skim a Fanatick Scull, or Romish Oars; his Barge in Law, is absque Compoto, Controulable by none but God: And in Law, though Pro­cess in Ecclesiastical Courts and Tempo­ral too, are not in the Kings name: How­ever they're the Kings Courts, and the Proceedings are for the Crown.

To instance these Droitz Royaux, or Regal Rights, by an Example.

Every Leet or view of Frank-pledge, holden by a Subject, is kept in the Lords name: yet no Student at Law, but knows it to be the Kings Court: many Subjects hold Courts of Record and other Courts; yet their Proceeds must Conform with the Law Royal, and National usage.

Par. 129. Severity no unadvised Precept or Club-Law.

IT will be objected, that Christian Laws, are not intentionally Newgate Tyranny; that is, Chains and Fet­ters: but Silken Yoaks, Rules written by a soft Hand, and easie Finger, and shall ever be taken Favourably: with some latitude of mildness, as to the Darling of the Soul. As the Statute of E. 3. that prohibits Relief, to a valiant Beggar, able to labour, on Pain of Imprisonment: shall not be taken literally, or in Extremity of Ju­stice: But according to the Feature of Reason, and the Spirit of Charity: otherwise the observance, may prove a greater Bon­dage, then that of Tripolee, or Tunis; more then Homicidial, even murdrous.

Posito we meet this lazy Rogue, or valiant Beggar, on the midst of Salisbury-Plain; in the Nones of December, or Calends of January: Remote from Hovel or Bush, in sleeking [Page 232]tert Weather, the Air more piercing Cold, then in Russia or Greenland, enough to engender Chrystal: Pitifully jag'd and torn, so Back-beaten and Belly too; near famish'd, more then one leg in the Grave: without a noggen shift, or even a Patch, to cover his Carkass, or a scrap to suttle his Panch: And afore this Sturdy Villein, or Incorrigible Rogue, can probably get to a Barn, to roost in; or a Crust to Knaw, He must perish: now if one out of Pitiful­ness fodder, this filthy Loyterer, or dingy Shab; with Offal or dry Crums: on De­sign only to succour his Rogueship, from the sharp Stings of Hunger and Cold: taking this fusty Lob, and poysoning Lout, but just before the last Gasp, e're He be quite gut-founder'd and Defunct: to prevent his Funeral in a Ditch. Whether this can be a Breach of Law, and so an Offence in Conscience, is much doubted.

Laws how Expoundable.

'Tis said special Pleading, and the Pru­dence of the Court, on the Intent and Equity of the Law; may do much: It must be granted, that such Exposition, must ever be had of Laws; as not to permit them, to be Elusory: in Exposing them to Mock­ery [Page 233]and Contempt. And that Conditions are taken straitly in Law, without Equity; es­pecially made to redress a publick Mis­chief: And that 'tis malum Prohibitum, a Positive Law, then a concessis, the Breach malum in se, and so not justifiable in Con­science: in that Magistracy is resisted, which according to the Apostle, is Dam­nable.

Thus Regularly whatever is Prohibited by Law, is forbidden by Conscience: other­wise Laws are meer Cobwebs, to be swept down at Pleasure: as Ridiculous with some as the Dance of a Goose.

Par. 130. All Destin'd to Industry.

IF Bread must be earn'd, by the Sweat of the Brow, which is the Precept Di­vine: in its proper Colours without a Paint, the very Intent of this Law: that is, that those that refuse to work, are graceless Lobs, worse then Rogues, even very Brutes; and shall not eat: on this ground may Equity and Charity too (by Solons Scale) with other Reasons of State, be well thrust out of Doors: the Law strictly observ'd no Duressor, and the fool­handed Almner that gives but Leavings, [Page 234]to the vaging Mendicant; legally Duressed, and thrown into the Hole: with good Allegiance to Conscience. For in Law Negative Statutes bind ad semper, and shall ever be taken literally, and exclusively with the Strictest. But not with that closeness, like a dry verbalist, in pumping after Froth; meer words: for the best Paraphrase in Law, is Consequence of Reason; and not the Bark or outward Rind, the letter.

Reason the best Interpreter of Law.

For Instance.

If the Sheriff return a Rescous a­gainst A. and B. by Baptismal names; without Heeding the de­scriptive Statute: an outlawry will thereupon lie, without any further Additament.

A more home Case, to lopping Scru­plers, dagger Reason, and not to be bottom'd by a Festraw.

• If A. strike B. the first of June, the striker for a small stub of Gilt; (through the Intercedings of Friendly Natures, to skreen his Fault and secure the Event) is [Page 235]pardon'd the second of June, all Misdemeanours: then made safe; out of Gun-shot.
• The third of June the Bell Towls for B. then A. startles: but the Ring­ing out, puts him into a panick Quake; lest he pay sauce, for his Pot-valour.

But in Law, He's more afraid then Hurt: for by the second of June, by the 13 Eliz. the Felony was pardon'd: in brief, Niceties and verbal Extremities are no Favourites of Law.

Par. 131. The legal Distinction of Rogues.

BUT to return to our good Skim-De­vil, or as the 39 of Eliz. calls Him, dangerous Rogue: these ranging Beagles, or lousie Vagrants, are distinguished in Law, into Rogues of the first and second De­gree.

A Rogue of the first Floor, when an iron piping Hot, hath inch'd his Luggs: to be banish'd, or Committed to the Gal­lies. By a latter Law, to be branded in the left Shoulder, with a Roman R. as the Notary of his Ranging. His Shaging on [Page 236]in languishing Insolence, is stil'd in Law, Incorrigible, or a Rogue of the Second Story: to undergo a lusty swing at Tyburn, to be secur'd against the Pity, of Physick or Charity.

Par. 132. Relief to Laziness the worst of Profuseness.

NOW Relieving this wandering Vil­lain, or Roguing Infidel, cannot be Casting Bread on the Water, but more Pro­fuse then Epostracism, or mony Duck'd or Drak'd: for in nature, Consequently in Law; a lazy-bone Shagrag, or Gally-Slave Counterfeit, of an able sane Bulk: that will neither Row, Plough, nor Cart; hath defac'd the Divine Image, attainted his Soul: And his wilful Attainder, for­feited his liberam legem, all Immunities and Easements in Law and Nature: Ren­der'd Himself even unworthy the Sun or Elements: And after a Turn at Tyburn, fit Carrion for the Crows.

Neither is this Sentence over Tart; un­becoming a Christian Tribunal: for the Image of God, Consists not outwardly in Hu­mane shape: But inwardly in the Functi­ons of the Soul, to wit, Industry, Piety and Reason: if these operations cease [Page 237] Cessat Causatum, the Priviledge of the Di­vine Essence is lost: And the Luggage of Bones and Flesh or semblance of Huma­nity: which this Rambler or foul Lub­ber, shags about with; more regardless then the out-sides of dumb Animals: the one affording sustenance, the other the Cause of Famine. For without labour our Pilgrimage here, cannot be perform'd; with the Benefit of the Heavens, and the Install­ment of posthume Glory.

Relief then of this Canary Impudence, or gabering Land-leaper; doubtless is the worst of Prodigalities: Victualling his Camp, but fostering a Roguery Errant; and so Cramming his Gob, Causa Causati, guilty of the Vagabondage.

Most Laws for Punishing Rogues and Sturdy Beggars, were Repeal'd by 1 E. 6. and the 39 of Eliz. by the 7 Jac. and so the Law stands at present: which is sharp enough if duly executed.

Par. 133. Ʋnpractical Actings ill Presidents, and Dangerous to Resolve.

BUT to leave this loutish Patchcoat, in his Swinish Ramble; to mump up­on Acorns: by the 2 H. 6. I find a great Peer Condemn'd, without Arraign­ment or Answer. The like in 32 H. 8. one Attainted (though living and forth­coming) of H. Treason; without being so much as call'd to Judgment: The Le­gality whereof was scrupled, and De­manded of the Judges; whether the Act were void or no. With some Pause they adjudg'd it Perilous, and of bad Example to Inferiour Courts: But all Agreed, if Con­demn'd by that all-Commanding Court, 'twas Indisputable: And it could not after­wards come into Doubt, whether he were call'd to Answer or no.

Though by M. Ch. and the 5 E. 3.28 E. 3. no Condemnation ought to pass, without a quid fecisti, or all due Proceed­ings at Law.

The like case was very Hard, as some conceive, against the late Favourite; for Accumulation of Misdemeanours, to take away his Life: Degrading and Disgra­cing had been Severity Enough, for an Accumulative Crime. And truly by the Pro­ceedings I do not observe any flat Trea­son, clearly Prov'd: But where Extremi­ty of Passion, infir'd by malice, is the Pro­secutor, and sole Proof; there little of Justice can be expected.

Par. 134. Ʋnlawful Acts Executed, become Lawful.

THus in Law quod fiori non debet, that which ought not of Right to be done, Factum valet, yet done, 'tis Good and of Force in Law: The Civil Law Principle harps the same Tune.

As by a Decision.

A slave running away from his Ma­ster, fled to Rome, and there (his Condition unknown) arriv [...]d, to the Dignity of Pretour.

• 1. Whether he were truly and lawfully Pre­tour: a Bond-man being uncapable of that Office.
• [Page 240]2. Whether all Acts and Decrees, made by Him, were of Force and Binding.

Resolv'd in both, Quod Tenent facto.

• 1. Though the Chancellor was Pro­moted by Error, the Office not void.
• 2. Therefore the Decrees very Forci­ble and Just.

Par. 235. The validity of Prohibitible Acts.

TO unlock the Maxim by an Instance at Common Law; to Conscience very Bull-beef, as tough as Whitleather to Common Reason, and meer oppression.

• If J. S. be Disseis'd of Black Acre, the Disseisor aliens: the Alienee knowing of the Disseisin, ex Ani­mo, to bind the Right: obtains a Release, with Warranty of an Ancestor Collateral; Conscious too of the Tort: the Warrantor dies, the Warranty descends on the Disseisee.
• Now whether the Title of the Alienee be good to the Tenderling in Conscience, is a [Page 241]a Quaere: beyond Dispute in Law 'tis in­defeasible and clear.

Because this Case is somewhat Opa­cous, very Duskish and Dark; to most but Lawyers.

For an easier Instance.

If a Woman Covert, for Dread of her Husband, levy a fine; if de­clar'd 'twill not be Accepted: if past, after the Husbands Death, unlacing her mind wide open: that 'twas Compulsory and by fraud, shall never reverse her own Act; that is, annibilate the Feoff­ment upon Record.

The like useful for the Vexatious entan­gled in Law.

The Sheriff at a private man's sute, on Request to open the Door, and Denial thereof: cannot break open the House to execute any Iudicial Process; but He's a Trespasser: yet if Execution be done, 'tis good.

Confiscation without any Crime Committed.

For Wreck at Sea, the violent Event of [Page 242]Tempest and Water; the Goods to be for­feited, 'tis to afflict the Afflicted: powr­ing Bitumen into the Wounds, to inflame the Sore: so if J. S. be slain, with the Sword of J. N. the Weapon as a Deodand is lost: yet no Crime can be assign'd in J. N.

Par. 136. The Guiltless Mulctable for the Guilty.

IN Law one shall be beaten for another's Stroke; for if a Stranger Commit waste in the Tenement of Tenant for life; the Holder for life, shall suffer in a Devastavit, or Action of waste: accord­ing to the Maxim, Tenants by Act of Law, shall do no Waste, nor suffer none to be done: So shall the Master be wrung, and must be Re­sponsible, for the uneven Steps of the Servant.

The Lord answerable for the Hireling.

• If a Servant through negligence burn his Masters house, and the [Page 243]Neihbours too, the Master is ob­lig'd to make reparations.
• The like by the Civil and Common Law, of an Inholder, if a Tra­veller be robb'd by his Servants, or Guests, though against his will, and privity, yet he must answer the Damage.

At Common Law by the 22 of H. 6. the difference is very rational, that if a Guest take another to bed with him out of courtesie, without the Intreaty of the Hoast, and be by Him, or through his Treachery robb'd, the Hoast is free; but if on the request of the Hoast he lodge with him, the Law is otherwise.

To illustrate this more evidently by a Case.

Lord and Tenant by certain Rent, the Tenant Teases for a year; then the Lord grants ouster his Signio­ry: And the Tenant ceases for another year.

Here the Tenant is Culpable sufficient, yet Justice cannot hit Him: being Law-free: And neither shall have a Cessavit.

Conscience measurable by Law.

• L. mortally wounds P. on the Deep or Main Sea, with which wound P. Lands at Dover, there languishes and dies.
• Here's apparent Felony, if not Mur­der; and by Law Death: yet L. in spight of Justice, will not care a Button for the Homicide: for some think no Law can attach Him: no great Justice with the shivering Conscience, that Mur­der should go unpunish'd.

Par. 137. Sinderisis the Divine Faculty of the Soul, In­hibiting Vice and Injuncting Virtue.

THus the Monitor of the mind, or Lanthorn of the Soul, Conscience; after the definition of a great Lawyer; is but the Law of Reason: for that it resembles and ministreth the notions of Reason, implan­ [...]ed in every reasonable Creature: let's give it a more beamy stile, and call it the [Page 245] Envoyée from Above; or Lidger of the Soul: Private Conscience, must stoop to the National Conscience, which is Law: And natural Reason, to the Re­gulated Reason: the Statute of the Realm.

As briefly by a Case.

If Titius bid his Bravo, examine the Pockets of Sempronius; on his Iourney to Bristol Fair: And He acts this Braving, Burglarly in Cheapside. Conscience may Con­ceive the Encitor Principal, but the Law not even Accessary.

A stranger Case.

J. at Stiles Conspires with the Hus­band to poyson the Spouse: to ef­fect the Design, furnishes Him with Poyson: the Husband tem­pers it with Syrup, and gives it, to the Wife to Eat: who nescious of the Poyson, gives it to an In­fant; who Eats thereof and dies. Here's plain Murder: yet in Law, J. at Stiles, not even Accessary.

This Case is to many very rare and wonderful:

For,

If one lie in wait; to beat J. at Nokes; and J. at Downs, coming in the way, be assaulted and slain: though a Mistake and never in­tended; 'tis Murder.

For the Law couples the Event, with the Intent: and Interprets the mind ac­cordingly.

The same.

If A. out of an old Grudge to B. shoot at Him, and C. his bosom Friend, instead of A. meet with the Shot, and be kill'd: 'tis ad­judg'd Murder.

A closer Case.

If A. and B. casually meet, and from Words, out of malice prepense fall foul on each other: And a Stranger to part the Affray, to pre­vent mischief, interposes: And is slain in the Scuffle, or Hurt where­of He dies: And 'tis not certainly known, who struck Him: 'tis mur­der in both the Affrayors.

In the first Case, Murder (Animo) or mentally, was originally design'd; that is, a Person to be destroy'd: the same in­dividual Person, scaping the Trap, an­other being Caught and Kill'd: one would think, should not vary the Law, as in the other Cases.

Par. 138. Mistakes Examin'd, and the Truth Clear'd.

SOme short-sighted Hungerers after Change, Conceive and Assert; for an habitual Abuse of Prelacy, the Tem­poralties, are seisable and Estreatable; in­to the Royal Coffers.

Mighty news indeed: the Effect and Consequence of Law, Familiar to every Ideot.

Nay when the State, pants under any Exigency; it may be Spirited and sup­ply'd, by the Rapine of the Church: the Order thrown down, and the Lands sold.

A most Corruptive Witchery, of the [Page 248] ugliest Pollution: Brew'd from the very Ken­nels of Impurity.

But whether the Temporals, for Per­sonal Crimes or State Indigence; may be pleno jure, or in Purity of Justice; Transferr'd unto a secular use: and thereby the Fun­ction quite cashier'd.

They offer not the least colour, out of Scripture, Authority or Reason; in Proof of this Desperateness.

Par. 139. The Mistaker lost in his own Maze.

IN Law, if the Church be Endow'd, with a Chalice or Bell: the Donor cannot at will, or if Abus'd (without Sa­criledge) Defeat or Recall the Gift.

The like if one set up an Organ, or E­rect a Pew; these Devout Presents, are in­stantaneously Dedicated to the Church. The Benefactor cannot repent of his good Deed; by Taking down the one, or Re­moving the other, at his Pleasure.

The lay Property, like a Church-loom and Inheritances Executed; being instantly and for ever, Transubstantiated into a Spiritual. For a Divine Right; nullius est in Bonis, Knows no Temporal owner.

• [Page 249]If a Coat Armour (the Ancient Pen­dants of Honour) Hanging over a Tomb, be stoln: The Indictment runs de Asportatis Bonis Executo­ris, for the Taking of the Execu­tors Goods: But for a Grave Stone, or other Church Standard: pro Bonis Ecclesiae.
• And in Law, the stabbing Proofs, are borrowed from the Right of En­tries, and course of Pleading.

Neither doth a Defeasance or Condition in Law; as Choses in Action and Execu­tory, lie in the Case: and why should it be otherwise, since the Abusers are to be Remov'd and Punish'd. And the Donative Abus'd, setled in better Hands; to per­form the holy Trust: the Service of Al­mighty God.

Par. 140. Trusts Abusable and Forfeitable.

AT Common Law, if a Trust be A­bus'd; as what more usual (Deb­tees defrauded, and Portions never Pay'd) is the Trust forfeited?

Agreeing the Breach, and that Deser­vingly: [Page 250]and that the Fiduciaries or Tru­stees, must respond the Damage, to cestuy qui Trusts, be Accountable to the Tru­stors: And if non habent in aere, their E­states be too Feeble, to make Amends; luant in corpore, their Persons must visit the Fleet: and there continue, till they clear their Scores.

2. But is the matter of the Trust, to wit, the Debts and Portions, Thereby lost; Transferable elsewhere, for the Misfea­sance and Fraud of the Person Entrusted?

If the Simile do not Halt, but Dictum de omni, sound on all Four: which no Ideo­cy so faceless to Deny. Surely this rail­ing Head, bound with Schism, is Burst: his Brains fall'n into his Heels, otherwise his Pen could not Endite so leadenly: in filling the world, with such dangerous Absurdities, for the supputed Crimes of the Clergy, to blow up the whole Profes­sion: quite to Kick off Religion, by Tumbling us Headlong, into a new Chaos of Deformity and Darkness.

To lead the Blind out of the way, is dirty Morality; but to wander them in Se­ctarism and Disobedience: Beguiling them with currish Libels, which by the Civil Law, was Death; is the Blackest Di­vinity.

Par. 141. Blottings sham'd and Discomfited.

THat a Profession or Trade, must be Dissolv'd; for the Delict or Crime of the Professors: Is a Consequence Il­logical and Inhumane.

If a Lay office be neglected and A­bus'd, the Office (by Condition in Law) is Forfeited: The offender to be Deraign'd, and Punish'd according to Demerit.

But is the very Office, for this Abuser; Deraignable or worthy of Dissolution? Non-user, as well as Abuser, in the Offici­als of a Judge; is without Dispute a For­feiture: If the Justice be Careless or Cor­rupt, must we therefore Exile all Judica­tore? throw up Property, and suffer Con­fusion to rage over us.

If a Bishop be Faulty, in Executing the Pontifical Duty; is not Deraign­ment, or Removal, with legal Castigation; a sufficient Sentence? But the very order must be stock'd up, for a Personal Mall-feasance.

By this Crookedness, Prince and Peo­ple, the Innocent must hang with the No­cent: the whole Government torn to Pieces, for some few mens misdoings.

Par. 142. Faulterings of Governours is no Fault of Law.

IN all Ages happily on a narrow search, some Bishops have been Blameable, and Justices Corrupt; à facto ad Jus, is lamentable Sophistry: Therefore Law and Gospel, must both be Renounc'd; Atheism and Confusion, take the Rains: for the wry Actings, of some ungracious Persons.

Scriblers Chastiseable.

I'me wounded to my soul, that men of flowing Gifts and Rising Fortunes; should detect such an Ebbing, or neediness of Grace; even inbred Prudence: in snaring poor Mechanicks, with dogged Positions; to scrat and tare the Church: to the Startle and Discomfort of their Fellow-Creature, with the Peril of their own Souls.

Thus from a Disposition in none, to infer a Denomination in All; is Botley Logick. Be­cause some are Roarers, and have Es­pows'd Debauchery; a Catholick Ruine, must be Design'd for Humanity: for the Male Port, or Goings askew; of some blustering Swashers.

Par. 143. Perversion of Maintenance, the Horrid'st Persecution.

DIoclesian is storied, for a Church Mur­derer, in Killing Ministers: But not to be scal'd, for Bloodiness with Ju­lian; that gave the Fatal Stab or Death's Wound to Religion: Taking away their Tem­poralties, Butchering at one Blow, the whole Ministry. By the one, the Church (though mangled) was multiplied: But by the other, at one Stroke, cut off and totally subverted.

Blood is a Crying sin, and without a full Atonement, will not be Assoil'd here, nor hereafter: To assacinate the Body is Murder, but Inchanting mens minds, with Sedition and Blasphemy: A Crime of a more frightful Aspect; like to the Fable of the Italian Attempt; even to oust us of the life to come.

Par. 144. Reprobous opinions not mortal, but too long liv'd, even Deathless.

THat Heresies Condemn'd, Ditch'd and stak'd through, should Appear [Page 254]again; is the curiou'st Mystery in Nature: like the Craving unsatisfied Element, what they lose in one Place, they Commonly sneak and get in another: And though the Authors go the way of all Flesh, and their opinions ocularly Die, and rot with Them: yet it falls out they are not Commortal, or of alike Dissolution.

Leaving such a sting, and Sperm of Poy­son, still behind; that they Revive and sprout again, many Ages after; in more dangerous shapes then Afore: That the Philosophers Revolute year (wherein the world should come about again) the In­terlude the same, the Actors only shifted: proves no Fiction, but a plain and visible Truth.

How Reprobates Creep up: why suffer'd.

Surely God hath rais'd ex gratiâ, out of pure Favour; these Factionists, as Goads in our Eyes to keep us waking: Lest the Church, Drowsie with Unity, Idolatry might steal upon us; like Burglars or night Thieves, and endanger our souls.

Par. 145. None Priviledg'd from Infirmities.

NO wonder if the Evangelical Light de­part, and Blindness Crowd in upon us: The Church thus thumb'd and slo­ber'd, with impious Vomitings against order: Creating a Theater of Horrid­ness, more Dreadful; then the Fate of Catania: Though tap'd by a Bohemian Suf­ferer or Attested by a British Second: which on a strict Enquest, may be Verdicted, Flashes of Pride and Choller; not Fumigati­ons of Exemplary Zeal.

We reverence Church Worthies, whose Sufferings improv'd the Reformed Colony: for which their memory, as a Relique of Sacredness, is very Dear.

If holy Combatants, therefore Infalli­ble, exempt from all Carnalities; Co­incident to Frailty: is a quaking Inference.

They might be Essences, in one De­gree; as very Drugs, in Another: There being no Salt or absolute Spirit of Truth, in this Life; the Heat and Sharpness of Passion, meeting with Affronts and Hard­ships, might edge them; beyond a sober Byas, of Gospel-Zeal; and the Cool Breaths, of a Saving Angel: And there­fore [Page 256]their Reformings, not of that pro­lifique Influence; that we must incontinent­ly quit the Church, and the Star of Pru­dence: And Embrace their dark An­thems, as the clearest Sonnets of Sobriety and Truth.

Par. 146. The pettish Revolter, Christianly Admonish'd against Apostacy.

WIlfully, in despight, of the Checks of Reason, and Chidings of Spirit; to serve from the professed Known Truth: Is an Imp of Apostacy Total. Never get­ting up to its Reprobate Mounts, but ever effecting a fatal Downfal in the Climer. Let me Counsel then some Margent-Stuf­fers, the Vomiters of Cursed Speculations; to keep their Venime to themselves: And forbear Spawning, such hellish Whimsies; to the Deflowring of Virtue, and Strum­petting Religion.

Shiness Requir'd, in Putting forth, the child of the Brain.

As Words are the Images of the Thoughts, so Books (the Calender of the Brain, and Dial of the Soul) Pointing out the inward Man: [Page 257]Therefore Heads of the finest Mould, and choicer Forms, whom some stile Schollars: should be nice and wary, how they send Abroad, infectious Ramishness; to dirt Religion, soyl and slaughter too their own Souls.

In brief, discreet and modest Persons, for very Reputation's sake, will hardly bring up their Issue reprobately: But if desperately Dispos'd, Contrary to all good nurture and Manners; they will be Asham'd to send them out, and scarcely own them.

The like of the Intellectual Off-spring, as of the Corporal: All but Crazy-brain'd Virtuoso's, meer Blurrers; will hate and defie, to father any Progeny, but what's Perfect: and Consentaneous with Civility and Law.

Seditious Scriblings blot the Soul.

In fine, at the great Day, a single sheet of Conformity, Compos'd in Charity; will inherit a larger Mansion of Glory: Then Voluminous Tracts, ronk of the Comedy or Satyr; against Church or State.

Par. 147. Extraordinary Acts not Imitable.

THat David did eat of the shew-bread, and our Saviour of the Ears of Corn, at the uttermost Pinch; to avoid Famine: is not to de drawn in President, to justifie Sacriledge or Rapine. The one was an Humane Diety, and the other di­vinely Inspir'd, or Minister of Heaven: and might act more Transcendently then Carnality now adays, ought or dare to imitate.

Besides 'twas Necessity, which Advo­cates cannot restrain; but legum Vincula irridet, breaks through the strongest Fast­nesses of Law: that necessity in Epikay, by the Rules of Extremity; might vacate the Propriety, and legitimate the Act.

But to speak strictly, according to the Mosaical Indulgence, and the Law of Nati­ons: 'twas neither Felonious, nor even Trespassable; and so in a manner Law­ful.

Necessity considerable in Law.

'Tis a Topick in Law, that this swadling of Extreams, necessity; creates a Privi­ledge or Indempnity, quod Jura Privata, against private Bonds: Therefore in De­fence [Page 259]of life, some say Alimony may be made Bold with; without Breach of Law, Municipal or Moral.

If a Prison casually happens on Fire, the Flight of the Prisoners, is neither Es­cape, nor Breach of Prison. In case of an Assault, in Preservation of Life and Limbs; to keep in a whole skin: one may fly over anothers Ground, without the Ris­coe of a Trespass.

Hence the Conjunction and necessity of obedience, between Baron and Femme; in Felony shall Excuse the Trull, from being Principal or Accessary: In Judg­ment of Law, having no will; that is, during the Coverture, no free Agency in her self. But wholly sub Imperio, under the Rod; to most Intents in Law, much In­feriour to the state of an Infant.

In brief, by Fogassa's Case, this imperi­ous Governess of Humanity, necessity; is ve­ry Absolute and Lawless: And will dis­pense, even with the very Letter of a Statute.

Pety Larceny Condonable in Conscience and Law.

But the Gathering an Apple, or a Grape, will not warrant Larceny: Though by the Law of Moses, it escape the Judg­ment [Page 260]of Thievery. In Construction of Law, because of the Implicite Consent, or tacit Perswasion; that the owner will not be distasted at so sleacy a Damage: And so Intentionally, and Consequently in Sereness of Justice, no Theft. And hence the Law of Nations did indulge a Tra­veler, to take some Grapes, to relieve his Hunger, but not to Carry away: But the Pernancy of Taking, when gather'd by the owner, or to his use; as Chattels se­ver'd, may alter the Case, and amount to Felony.

May this justifie a Backberond, or Com­mon Thiever; with all Lewdness and Wantonness of Heart, meerly for Spoil and Lucre, to rob Orchards, and waste Vineyards? We read that Israel Robb'd Egypt, and Elisha slew the Mockers; will this warrant Stealing, or Murder? as Adlely can the former Case, be urg'd as a President, to inthral or despoil the Church: to strip her of an Estate, Rati­fied by Law.

Ingratitude no Venial Sin.

I'me tormented, some manumitted Students, void of Thankfulness; the no­blest Predication of a Gentleman: should for­get [Page 261]their Manumission and Pardon, to me­rit the Censure of Ascendants from the Dog Star; for their Shoving and Snarling against Law.

Par. 148. The Ministers of Devotion, by the Min­strels of Sedition, Tabered down: As the Dormitories of Owls and Gorguts.

THat the holy Tabernacles, or Re­ligious Houses; were thrown down in furious Times: Are not Paths that we must necessarily tread in. However I shall not scruple, the Sageness of those Footsteps; because Affirm'd by Law. Distingue Tempora, Ponder but the Touchiness of some Times, and their Actings not so Oraculous; as to be Querpo Justice, and Picquant Patterns.

To judge of Colours by an half Light, or Commonly as some do, in the Dark, or Mistiness of Humour: implies Feeble­ness [Page 262]of Judgment. A Discussing altoge­ther Fallacious, and no way satisfactory.

Par. 149. Voluptuousness not the End of their Erection.

THat Monkeries and Frieries, became Luxuriant, and a By-word to San­ctimony: And so digg'd their own Graves, cannot be Deny'd. However the Design (by the 35 E. 1. apud Carliolen) of Found­ing those secluse and solitary Enjoy­ments; without Doubt was not at all Vo­luptuous nor Owlish: But with much Stanch­ness of Wisdom, and most Divine.

Reasons why Monasteries were Erected.

1. As Colledges of Rules and Retiredness, to ad­vance Learning and plant Devotion: to fit the Clergy, the better to purge and pu­rifie the Lay Soul: the safer to Insure it to Heaven.

2. To declaim incessantly for the Church; to keep Centry for secular Souls: Continual Watch and Ward, for their Spiritual Concerns. That were clog'd with worldly Slaveries, and could not so aptly Mediate themselves.

[Page 263]3. To be a Pharo's or Blazing Stars of Holi­ness of Life; not Sleepers or Chamber­ing Bubbers.

4. For the Retirement of great Spirits, wea­ried out with publick Toil: to withdraw from the Drummings and Broils of the World: To wait for the nunc Dimit­tis, or Call to the other Life.

A Cloister an apt Counting House for the Soul.

For after we are mounted, to the Alps of Honour: the great Ends that we are born for, being Attain'd; in serving the Prince and Countrey: even Achilles being not Death-free, we must to Dust; the Shoot­ing of that Arrow, being uncertain; to arm against its stroke; the next and pro­per Flight, is Solitude: to go off in Peace, in Contemplating the Sphear of Glory.

No Aiery of Dormice.

For this the devout Fathers of the Church, retir'd to a Monastick life; to Compute their Frailty: to set All even for the other World.

Par. 150. Dronery no Founder of Seclusories or Acade­mies of Sanctity.

THus doubtless the End, of those Religious Anchorisms, or Cells of Piety; was most Angelique: not dronishly or­dain'd, as Hives for pot-bellied Buzards, or Dortours for Swill-bowls: But as Seminaries of State, for the Propagation of Holiness, and Improvement of Learning.

That the order was Criminous, and so deserv'd the Axe; because the officia­ries, were Dronish and Disorderly: doth not weigh with some. The Abuse (in Law) cannot Vitiate the Ʋse; for then Frontini­ack and the Friqueezes, must be Banish'd the Table; because often Abus'd through Intemperance.

Reasons why Thrown Down.

But the Excess of Implicite Zeal, heap­ing mountainous wealth upon them; which in Time might have absorb'd or gulf'd up the whole Laiety; and their own Dronishness neglecting their Office: with that Reason of State, very just Dis­solved them; is a nemine contradicente, Agreed by all Hands.

Par. 151. The Disanulling justified in State.

'TIS the Doubt of many, especially of Divines; whether the Posses­sions be still Teneble in Conscience: I'm clear in the Affirmative.

1. First in Law: the Converting them in­to a lay-Fee, was no Chimney-Corner Act; the Off-spring of Passion or Infidelity: but the publick Judgment, or full Debate of the whole People, pronounc'd in Par­liament: Adjudging by wearied Experi­ence, the Droning over notorious; and the Church cloyed with Superstitious Lux­ury: which render'd their Office useless and Abominable. Being too great an Engrosser of the Temporalty, beyond the Cure of Visiting or Purging: so the Depri­ving or total Abolishing, no Infeudations of Rapine or oppression. It being the ve­ry same Power, that Created them; that Disanull'd them. The Law that gave them a Being, without Injury to Church or State, might likewise Dissolve them. And we are not to Conceive, the least Prejudice imaginable against their Inact­ings: being Presumed, no sober Person in [Page 266]his right Wits, will ever wilfully wrong another: nay wittingly destroy his own soul. For so had it been, were not the De­molishing, necessary and Civil.

The Dissolving maintain'd in Conscience.

2. For the Niceness in Divinity: how a Spiritual use (without violence to Con­science) can be Transmuted, into a Tem­poral; Contrary to the Will of the Do­nor: is a Demurrer that sticks with ma­ny, of singular Parts. But thorowly un­derstood, there's no just Cause of Scruple. A Surfeit being better spar'd then continued: therefore the Taking them off, an Act no way Dolorous, or Inconvenient.

The Worship of God, consisting not wholly in the Estate Spiritual: the good Ma­nagement of the Temporal, doth no less glorifie him. For if that Faint, the other will hardly Flourish: so that there's a ne­cessity, to uphold the one, to support the other: And we may discharge a good Conscience, very liberally, to the In­structor of the Soul; as much as Heaven doth require: without making him an Idol (like the Dotage of those Times) in Offering All we have; to purchase a Kiss [Page 267]of St. Jude, or a smile from St. Peter, and be laugh'd at for our Pains.

3. Were the Church much Impair'd, so Beggard; that an able Clergy, could not be maintain'd: And all Encouragements taken away, to incite Youth to the Study thereof: And thereby the Service of God neglected, and like to fall; or even the Votaries to Virtue, at all Damnified: I should Agree the Negative.

But sufficient being still left (if us'd so­berly) to propagate Religion: And no just cause of suspecting, any Decay of Learning: the Remains being most fair and Inviting, Means still enough for the highest Merit: I cannot see, with the search of both Eyes (as the Church now stands) what Annoyance, the 27 or 31 H. 8. can be, to any intelligent and Loyal Conscience: that's a true Obediencer to King and Law.

The Abolishing not Contrariant to Civil Justice.

4. If not Continued Spiritually, why not Reverted to the Right Heirs?

This Request seems Plausible; had not so many Centuries pass'd, that the right [Page 268]Heirs (without a Divinour) could hardly have been found out: A multitude of Claims, would soon have put in, and the very true Heir, scarce have ever been Known: And so the Land given back, to meer Pretenders and false Owners: Then the Cure worse then the Disease.

The Infadation of Droneries, or Permuting them to a secular Free-hold, warrantable in Divinity.

5. But had the Institution been so Fresh, that the lineal Heir, had been then Alive: and Certainly Describ'd and Known. However the Transmutation lawful.

The Giving being Intentionally Pub­lick, and Consecrated for a general Be­nefit: happily a By-bag, or spare Reve­nue; that the Heir might well part with, and never sleep the Worse: And so not originally Design'd for Him, but Advi­sedly always put aside by the Giver; for that Purpose: The Disposing of the Grant, to another end; then what was Directed by the Grantor: will be neither Forfeiture nor Frustration of the Grant. Be­cause still enjoy'd by the Publick, accord­ing to the Intent of the Giver; the Gift [Page 269]only Imployed, to a more needful and better use: then the Continuance of Drone­ship, and slavering the Adored Toe.

Agreeable with Foreign Laws.

Neither is this any suddain opinion, without Authority; for the Civil Law allows of the Conversion, as Legal and Honourable:

As by Lysimachu's Decision.

Who desirous to live in After-times, charg'd some Lands, to maintain publick Shews: which happen'd to be forbidden, and put down by Law.

• 1. How the Rent should be Dispos'd of.
• 2. Whether not Accruable or Descendible to the Heir.

Resolv'd.

• 1. The Legacy could not die, though the literal Use, became Unperform­able.
• 2. Therefore 'twas ordered, that the Magistrate with the Heir; should advise of another way: How the [Page 270]Intent of the Legator might be gra­tified.

The Tenure as Durable as other Tenements.

6. These Possessions are Commonly Twit­ted, by our Well-willers, to the Cast of Drones, or Sleepy Crammers; to be of a Vo­latile and fleeting Nature: And so not to be Enjoy'd, or indeed worth Looking after. Being bann'd with an unlucky Fate, or Mark of Divine Displeasure: Therefore sel­dom or never, staying long in one Hand, but very swift in Passing away.

Sometimes proving meer Plague-sores, Infecting the other Estate; bringing All to Confusion: Therefore some Conceited Heads, otherwise wise enough; are shie forsooth to Purchase them.

Their Twitlings Blown off.

A very weak and false Aspersion and groundless: on Design by Papish Plotters, the Ʋnderminers of the Church of England; to discourage all honest People, from Purchasing; or in sooth Holding them.

To resolve these idle Giberings or Popish Bannings; which are as Credible as the [Page 271]Legend of the Crow, mourning over St. Vincent's Corps; or the Reliques of Aleppo. We may say of them as justly, as of old Granam's Winter Goblings, or Gossoping Pro­phesies: That they're mark'd when they Hit, but never when they fail: The same with these Lands, when they happen on Sale; a thousand God-morrows, and ja­bering Pritlings; must pass: But they may stay till Dooms-day, before any Boast be made of their Prosperity, and Lucki­ness of Continuance.

'Tis aptly observ'd by the smartest Dis­cerners in the Predictive Delusions; where one falls out Right, Twenty miss: The like of these Lands; they're no Cancer, or Moate to fret the other Estate: Tenant­able under an ill Destiny; for if true obser­vation were made, Twenty for one Con­tinue. All other Estates are generally as Transient, as Hasty to be gone, if care be not had to the main Chance: And as often Actually made away as They.

Prebendaries of Learning and Devoutness necessary.

7. To shut up this Cloister'd Dispute; 'tis the Conceivings of some, that had there [Page 272]been fewer, and those no gorsey Crommers, or Cloistering Snorers; but better Disciplin'd and more Actively Dispos'd; in Virtue and Piety: The Continuance might have been Profitable.

I have spoken this, in Vindication of the Liberty of England, the Law: to stop the mouths of malicious and ignorant De­tractors, that run away with a fantastick Prejudice; without searching into the Reasons and Grounds thereof.

Though I may expect, for writing thus Evenly, without cloaking; or clouding the Integrity of State: a badder Curse for my Pains, then the Confirmation of tem­pestuous Weather, with the Wind Continually in my Face.

Par. 152. Ʋpbraidings against Church Lands.

THE Ecclesiastical Revenues, are much upbraided by the Anti-Pre­late; the Ruffler against Monarchy: As the lavish Alms of the Blind, in dark [Page 273]Times. No better then Pious Cheats, worm'd out of the Simple Devout; somewhat to Alleviate or take off, the Duress, or ima­ginary Flames of Purgatory: to glide to Heaven on Dowley Terms. And Testaments fram'd by Collusion are void.

In Charity we Adjudge them, as the frank Endowments of well-intended Zeal: for the Maintenance of a pious Ʋse. Though happily Purchas'd by some Sprinklings of Fraud; the general End, of the Donation good.

At Common Law, though the Words of the Testator cannot be satisfied; which is frequent in many Cases: the Intent be­ing Pursu'd, the Exposition Safe and Binding.

Now in Law, the Intent of the Lega­tor Justifiable; though the Modus and Judgment of the Legacy mis-applied: which the Canonists agree may be Recti­fied, for the Support of true Worship.

And in Law, Bequests to the Church, must be Determined soly after the Law Canon: And not after lay Constitutions.

Par. 153. Lamponings against the Person of Prelacy.

ALlowing the Bequest good: yet Ade­pto fine cessat Motus, the Race being [Page 274]won, the Quarry once got. Adieu to all Pie­ty and Learning, Epicurism and Pride must then take Place: Charity and all Pre­latical Worthiness thrown out of Doors.

The Lamponers Silenc'd.

If not Libellous; this is a sore Blur in­deed: worthy a thorow Scanning and A­mendment. But with the Churlish, nothing is Chrystalline but Blood-shot; and since we cannot estrepe, or muzle Malice, nor Mar­tingale Folly: Aspersive Mouths (the Spowts of Slander) with the wise, are no Scandal.

Merited Advancement.

1. For their Promotion, 'tis not per Saltum, at one Jump, or Ʋnadvised Leap: But Gra­dually with the uniform Vote, of the Guild of Learning: neither without the Ex­pence of much Time, and Charge, can they arrive to a very Degree in the Pro­fession. And afterwards through weari­som Study, when Seraphically Accomplish'd; 'tis not their own Seeking, but the Plea­sure and Penetration of Majesty, accord­ing to the 25 H. 8. and the 1 E. 6. to di­stinguish [Page 275]of their Gifts: whether fit to be Dignified, with the Call, of Custodes Animarum; Chancelours of Souls and Spiri­tual Guardians.

2. Before this Providence of Conge de Eslier, doth usually salute them: through long and irksom Studiousness, they're Gone off, their Spirits near wasted: Be­ing just but moving Skeletons. Preferment comes as late, to render the Abode Feli­cious: as a Pardon after the Head is sever'd. Retirements then from active motions, are no way wonderful.

Par. 154. Literature Honourable.

NOtior Virtute, est Potior Honore: Ho­nour is so Riveted and close En­tail'd on Virtue; no bartrous Act of Fine or Recovery, can dock or destroy this Right: A Principle in Favour with the most Barberous. Can Learning be too much Laureated! those who by [Page 276]wearied Study, are Preferr'd out of Merit, not of Grace; to the State of Spiritual Go­vernours: According to the Apostle, Those of Berea were nobler then those of Thes­salonica.

I hear no Divines, Moot the Grandeur of the Law; for some Advocates to bolt, the Dignity of the Church: Is a great Jeofayle, obnoxious to Piety and Scholar­ship. But for their own Coat, to beat so Venimous a Peeke; Renting the very Bowels of Learning, to rout the Church: is more then Viperous, even the rudest Silliness.

Par. 155. The Peerage Requisite.

AS there are several Rounds, or Orbes of Dignity in the State; for the Ho­nour of Magistracy, and the Encourage­ment of publick Spirits: The like Comeli­ness in the Church, is most necessary; for the Reverendness of Religion, and semination of Learning.

Amingle-mangle in the Church will cause an Hotch-potch in the State.

Nothing more unequal [Page 277]then Equality; is an Axiom in State: good Revellings, that Gentlemen and Schollars, should turn Anticks and Levellers: for Equality in the Church, will invert the whole Fabrick; turn eve­ry Interest upside down, and do the Bu­siness. Fraternities meerly Lay, as well as Literate, must be Recoup'd or brought even: Masters and Fellows, Ancients and Punies, All of a Knot. Neither will the Morrice-Dance of this Zealous Tumbler, rest there; we must imitate the Church, we cannot follow a safer Light, then the Cassiopaea of Heaven. And then God b'wy to Monarchy, this levelling Sythe, will mow all down: the Gentiness of Lacque-boys with bare Heads and Pages: with the Gaudiness of red Ribbons and long dusty Trains; usher'd or Pag'd up: are meer Giggery and mimical Expence. Nay the Streamers of Sovereignty, and Ensigns of Greatness, of White Staves and Blew Garters, with the Jesse of Honour: And Swords of State, with Maces of Majesty, more useless then Bartholomew Babies. In brief, Lord and Tenant, King and Vas­sal; All whiff'd off in a Snuff, to bed and board in Hercules Den.

Par. 156. Why Created Barons.

WE do not mistrust, but in Abraham's Bosom, there will be Fulness of Bliss, Reveal'd unto All: However we may Con­ceive, and that rightly, of Hierarchies, or Ranges of Beatitude among Angels; and Priorities doubtless we shall find among Saints. A Series of Glory even among the Stars.

Hence hath our Law, created Spiritual Prehiminence; not as a lofty Gayety, to Lord it above humble State: but as an Hono­rary and Requital, for Reverend Parts. To invite and likewise oblige the Laity, to discharge readier obedience; to Eccle­siastical Jurisdiction: Magistracy being ever more Honoured, if Grac'd by hand­some Quality; but too Commonly sligh­ted, in abject Condition.

Handsome Splendour, no Pagan Pageantry.

Can we Pay too great a Respect, to the Legate of Heaven; that has Curam Ani­marum, the Charge and Curacy of Souls! un­less the Soul, be a Romance or Kick­shaw, a meer Artifice, or Feat of Wit; [Page 279]feigned only to scare Fools: And the Le­gation or Curatorship, as needless as Pop­pets and Mummeries.

Par. 157. Civil Distances, not Loftiness nor Superstitious Vanity.

BUT such Gaudery is too Drab-like, after the Tearingness of the Tripan of Babylon: sutes not with the Vestal Attire, of the Kirk of Christ.

If the Discipline of the Church, be Queanish; for Retaining any Rite, that's in usage with Rome: Let's throw away the Bible, if a Roman Pandar! leave all ho­ly Ordinances, if Babylonish; and turn Nebuchadnezzars.

Par. 158. The Apostolical Compeerage not Argumentative.

TO inforce an Equality in the Church, from a Parity among the Apostles; is a Classical Cavil, but no authentick Debating: a President not square with Divinity, or well-digested Rea­son; Law.

To unblind the world, of this popular Error; we must consider the Church in its [Page 280]Infancy, that a familiar Garb was then the likeliest Means; or powerful'st Charm, to win and Convince the Vulgar: in slighting the Gayness of the world, to ap­pear not as self-seekers, for their own In­terest: But as totally Design'd, for the Conversion of Souls. Which certainly was then Conceiv'd, the strongest Guard, to subdue Infidelity.

But when the Church, had got suffici­ent Strength and Repute; that Distincti­ons and Precedences were then ordain'd, is manifest by undeniable Record. For though Peter and John were Eminent Spreaders of the Truth; yet doth St. Paul claim his Place, Alledging expresly, that he was not Inferiour to the Chiefest Apostles.

If no order were among them, then on necessity, more then Raggedness; even Confusion: which were foul Profaneness and grosser Folly, to Conceive. Among the Chosen Ones, Persons specially elected, and Assign'd by Heaven; as the aptest Divulgers, of the precious Mysteries, and fittest Infusers of Grace.

Now if order, that's Gradual and doth imply a Disparity, or civil Subordinati­on: from this we may infer, an orderly Distinction, even with the Apostleship.

Par. 159. Obedience Natural and Commendable.

THE Custom of England towards Cor­poral Parents (which some In­veighers against Order, account even Su­perstitious) is very Worthy: with good Conformity to the Fifth Commande­ment. Why reverential Distance, to Spiritual Fathers, or Tutors of Souls; en­trusted with the Pupillage, of our dear­est Concern: should be Will-Duty, and left unpaid, is a Ridless to me! Those that neglect the Trustees, or the Supervi­sors of the Spirit; will render but wither'd obedience, to the Framers of the Body.

Neither is the Spiritual Peerage, any fresh Constitution; but Coetaneous with Christianity: not without even Divine Rooting. And to assart or grub up a Plant of Gods own Setting: meerly out of petish Pride, is ranting Divinity.

Par. 160. With Heralds no Eye-sore.

IN Heraldry the Presidency of the Church, no Entail'd Dignitary: nor even a Perpetuary or for life, because Degradable: [Page 282]At best but a Dignation Officiary, and mo­mentaneous; in Ceremony of State, Ex­piring with the Person: Thus no Web in the Eye, if honestly Inspected; afford­ing no Place to the Wife, nor Advantage to the Issue: in Truth No Eclipse, to cloud Nobility, nor darken the Commonalty. But a fit Radiancy of State, to approper and brighten both; in preventing the Owelty, or beastly Parity; which would soon shut up, out of Prelatical Ashes.

Par. 161. The Office Divine.

FOR the Diviness of the Function: I could never read, before or since the Gospel, of any setled Ministry; either Prophane or Christian: But what was still govern'd by a Prelate. Neither need I run much on the score, with Humane Authority, to pillar this Position. It be­ing evidently Presidented, by all Church Writers, both Pagan and Christian; principally by the Eloquent Epistles, of that Renowned Reformist: who taught and plainly Enjoyn'd, the Establishment of that Jurisdiction, not only Personally, but successively. Which is even Statute Law to me, that the Office, is not at all, [Page 283] Jure Humano, of Lay Modelling: but its Nativity Divine, and Primitively from Heaven.

To close up the Diss with this Unde­niable Truth.

• The Pastours of the Church are Jure Divino.
• But Prelates (sub Christo) are the Su­preme or Head-Pastours of the Church.
• Therefore Prelacy, Jure Divino.

Par. 162. The Ingloriousness.

OMost Inglorious, to make the Sci­ence of Heaven, the Butt of Re­proach, and Subject of Ignominy! But such is the Indignity of this present Age, that the Freeze Jerkin with the Red Waste­coat; that are Asinin and even Tongue­less, at any Scene but Calumny: start up marvellous witty (their mouths full tipt with Satyrism) at such a Prate. And want not a Sting, to club their Clinch; to sulley and sutt: according to the 8 of Eliz. One of the greatest States of the Realm.

Par. 163. Temporal Theft an Hanging matter.

IN Law, in the Paultry old French, Ʋn Denier ou un maile prise de la Robe; a mite rap'd from the Person on Tra­vel, invito Domino, by Constraint, is strict Felony. Many other pety Violences (Ani­mo Furandi) with a Thieving Intent, is no less Capital. By the Secondary Resolve, of Legal Reason; in Defence of Property.

Neither is Robbery a Sackber'd, (like Cut-Pursing) strictly fix'd to the Person: And therefore if a Surcoat, or any other Goods, are Taken overtly and Saucily, in ones Presence: Though not on the Per­son, nolens volens, or as we say, in spight of ones Teeth. However in Law, the Tracta­tion or Taking is Felony; the Damage being the same, and the Fear alike.

Par. 164. Ecclesiastical Thievery more Desperate and Hainous.

AT Common Law, the Felonious Ta­king of an Hawk, from the Peark, or from a mans Person; was Felony: the 34 E. 3. made the Finding and Conceal­ment, two years Imprisonment: But the 37 E. 3. though without Vervels made it Felony, unless the Finder Maintenant or forthwith, brought it to the Sheriff, to proclaim the same.

Can we think the Law hath not as Carefully Provided, against the Spoliation of the Church? But that she may be As­saulted and Ransack'd, her Revenues seis'd and transmuted into a Lay Fee; without Deforcement, or the least Shadow of Sacriledge?

To rob the Diety may be Life; but to put Mortality, into a small Quandary or Aguish Fit, with Concealing Birds of Prey: Felony. If the one be so Direful, by the Auncel Weight, or lightest Touch of Reason, the other must be most Pernici­ous; the hainou'st Latrociny. Otherwise there will be a Failer of Justice, a Mischief the Law of England, will by no means En­dure.

Par. 165. Thievishness Explicated or Ʋnfolded.

ACcording to the Practice of Law, Theft is the Felonious or Fraudulent Ta­king away, of meer Personal Goods; which if Super duodecim Denarios, above the value of two Testors, 'tis grand Larceny: if under, 'tis Petit; usually punish'd by Forfeiture of Goods and Corporal Pains. A Minori, according to nature, the Disseising or De­priving one, of an Hereditament or Lord­ship; a grander Larceny: unless with Stoi­cism, All Offences are of the same Size; and with Draco, One Pain a sufficient Executioner. But Circumstance of Fact, with the Over­ture or notoriousness of the Intent, whe­ther Treasonous or Felonous, in Law Creates a Majus and Minus, or Diversity of Pains. And so Penalties are ever Commensurate to the Quality of the Crime.

By the Civil Law, the Taking up any thing off the Ground, with an Intent to Convert it to his own use; is Latrociny: whether the owner of the Goods be known or no, it abates nothing of Pilfer­ing; the Taker is still in Danger of Felo­ny. But if the thing found, prove a Dere­lict, that is, quite forsaken or cast away by [Page 287]the Proprietour: Resolving never to own it more, some say it excuses. By the Law of the Realm, there's no Forsaking, the owner may claim his Goods when he will: notwithstanding all Rejectings or verbal Disclaimings; the Property still Continuing the same.

At Common Law, I conceive the Tro­ver or Casual Discovery, vests no Proper­ty in the Finder; But as a stray it shall rather Escheat to the Lord of the Fee: or to the King, in case the Franchise be not large enough, to retain it.

The Law is most Curious and Worthy, in this Publick Good of Property.

For Example.

If one find anothers Goods, if after­wards they happen to be lost, or even Damag'd, through wilful De­fault: the Finder is chargeable to the owner.

If lost casually, without wilful negli­gence; or Committed to anothers Custo­dy, who runs away with them; he's said to be unchargeable. But some think the Committor must answer for the Slipperiness of the Runner: for Reposing Trust in a Person, of whose Honesty he had not suf­ficient [Page 288]Proof. His own affected Supiness, being the Cause of the Damage.

Par. 166. The Ecclesiastical Peace, much Tender'd in Law.

THE Famous Statute, so much Ad­mir'd and talk'd of by popular Judg­ments; Enjoyns Primarily and Particular­ly: that the Church of England, keep her Rights Inviolable: de Circumspectè Agatis, speaks the same. The one the Redintegration, or Collect of the Common Law: the other a Concession of Justice, never Controverted.

Westminster the First, is in very Point; which Commands in the first Place: that the Peace of Holy Church be kept. A Law fram'd by the Tutor­ships of Angels, and will find obedience over the Gates of Hell.

Thus Pax Ecclesiae observetur, the Peace of the Church must be kept, is a Theorem in State: And from hence we may infer, that the Spiritualty, is to be had in Equal Tenderness, with the [Page 289]Temporalty: He that snaps from the one, may pull Judgment (as a Burgessor) of Life and Member, from the other.

There's a general Learning at Com­mon Law; that the King is not bound by any Statute, if not specially nam'd: for his Advantage he may Concern Himself, sans Express Nosmer. But in Acts that treat spiritually, Majesty is strictly bound, sans Esteant Nosme, though not nam'd. Religi­on being the stoutest Pillar and support of the Crown.

Par. 167. Lands neither Donable nor Deviseable.

BY Ancient Law, Lands by Descent, were not Alienable, without the Consent of the Heir: But a Gift to God, in Exposition of Law, to a Person devoted to his service: 'twas undeniable and Bind­ing without the Heirs Assent or Privity: The like at the Civil Law.

As by a Decision.

Caius mighty wealthy, and wiser then to delay, setling his Fortune; till the last Grone, devises his Lands in Alexia, to Christ.

• [Page 290]1. Whether the Will not void, for the Ʋn­certainty or Dubiousness of Limitation.
• 2. If valid: How to be Interpreted.

• 1. That the Devise was Good.
• 2. That the Mannor (in Interpretati­on of Law) was given, to the Church Parochial; where the Testator did more Eminently Reside, or usually dwell.

The like Anciently at Common Law, as a Fine levied Deo or Ecclesiae, was Good.

As by a Case.

A. devises green Acre to B. for life, Remainder to C. for Life: Re­mainder to the Church of St. An­drew in Holborn.

By the 21 R. 2. I find it Adjudg'd a good Devise: though by the 32. H. 8. I doubt much, whether it will now hold Good.

Par. 168. Largesses of Devotion are Consecrated Feoff­ments.

Collatum Clero, Collatum Deo: A Gift to the Church is bestow'd on God: the holy Gifts, the old Legists, call Frank-Al­moinge or Free Alms: And not so sleazily Removable, as some Spangled out-sides fain would have it.

Presents of Consecration or Grants to the Church, were in Pearlie Times, stil'd Church-Chesset: As the Rearings of Reli­gion, but now Nugatory Endowings; for that Charity may well be spar'd, and Heaven Commanded on cheaper Terms.

By the Devout over the Water, for a small Pull; to help the Groners, out of placeless Purgatory: great wealth is often­times Bequested. But with us, not a [...] afforded, to avoid that Gulf: nor even to be Assur'd of Heaven.

Par. 169. Sacriledge the deadliest Crime.

BY the Common Law, Sacriledge is defin'd, Le Larcin des choses Sacrees, Theft of Things devoted to a spiritual use: And [Page 292]is deem'd, Rettum Gravissimum, the grie­vou'st offence; for which no Clergy is Grantable. Therefore by the Canon Law, Sacrilegious Thieves, were Common­ly sentenc'd to Wild Beasts, sometimes to the Flames. To enjoy Religion without a Scourge, is to fancy Animation without the Sun. All Law-Books are so full and plain in the Point; to blur Paper, to Re­plead, so clear a case: were Sowing the Ocean, or Fishing in the Skie.

Par. 170. If the Church be thrown down: The next Life, will be at the Law.

BUT what if the Church be skin'd, and Learning thrown on the Hedge: the Thriving Trade, will be still kept afoot; and the Effronted Lawyers, grow Bankers?

This surmise may come short, of an Handful of double Guinies: But how will the Law be acutely Attain'd, without be­ing [Page 293]first Grounded with Scholastick Breed­ing? so that Property must fall with Re­ligion, both Coffin'd in the same Tomb.

Par. 171. Law as Spiritible, or Inspirable as Theology.

AND why may not this Scambling Spright, enlarge the Inspirings? And take on him, to Spew Law extempore; just as fast as the higher Notion, and more Sacred; to wit, Divinity: He that's saucy in the Parlour, will scarce be Man­nerly in the Hall. No Difficulty but may be shoulder'd, by the Ray or Spark of the Diety; the Spirit.

I'me sure with the late Usurpers, Bra­cton was Foolish, and Britton an Ass: Per­kins full of Crotchets, and meer waste Paper. Nay the Legis Alpha, and very Textuary at Common Law, for all the Gorge­ous Elegies, the learned Expounder gives him: was no more Regarded then a Straw. Every Major General, or Common Agi­tator, were par my & par Tout, perter Law­yers: Deeper read men, and more cunning to Cleave an Hair; then the two late Famous Ones, Hobert or Dier.

Par. 172. The Civil Disquisitour.

HOW came some bullish Clog-heads, by that Dexterity? without all Peradventure, from their Familiar; the Cheating Spirit: for these Pretenders, were just as Blunt and Bearish as a Car­tor: Having never Traded further in Learning, then a Primer; if so high Bred. For had ever these white Souls, been call'd to coram nobis, that is, had Justice ever Demanded an Account of their Actings; undoubtedly the Neck Verse, would have stuck worse; then the deluding Apple, did with our Grandsire Adam. And were it worth an Imprimatur, I could versifie and say much more.

Par. 173. The juridical Advertiser.

A Word in season to the Lawyers (to whom I wish all Plenitude of Prosperity, or Arms full of wealth and Honour) will be more Preisely: Then Apples of Gold in Pictures of Silver; and deserve a Coloss Fee. That they dash [Page 295]not against these Rocks, in Lessening their own Towl. For Calvinism under colour of Scandal (like the Druides in France, which is President enough) will Allay and Engross many Brangles, and take Grist from the Mill. And what's this but Popery (that's so hotly rail'd on) not Incognito or in Disguise: but open Breasted and drawn in folio. For in order to Dic Ecclesiae or Spiritual Cognition; they In­terlope in Lay matters, and if their whi­nellings, be not greeted Crouchingly: And meet more then half way, with a Scraping Courchy; of Hat and Knee: leaden Bolts will soon be Thunder'd against them. Plasters which neither Heal nor Abate, but ever Hurt and Enrage the Anguish. Pure Romish Doctrine, Translated into a Ge­neva Mould; Condemn'd by Parliament, in E. 2. & E. 3. as Treason: That if Ma­jesty cannot be Clouted by Law, then to be Cobled per Asperiteé: Tossing him to the Cloven Foot, shall do the Feat.

Par. 174. Consinement to the Proper Walks, politick Mo­desty.

LET Ecclesiasticks forbear their Ful­minations, or Parchment Pellets; and keep within their own Purlue, or known Limits: Leaving Civil Misprisions, to the Sages of the Law. Then shall the Church be quitted of Lordliness, and the State of Couchancy: in suffering the Cro­sier to ride too much on the fore Horse.

Let me beg some of the Long Robe, to leave their Reflections; and the Laity their Mouthings against Prelacy: For without it, the Law will be Defective; all Causes Ecclesiastical, not Triable without that Office. As Mulierty or Loy­alty of Matrimony, general Bastardy, Excommengement, Profession too Ancient­ly: These and the like Regularly, ex In­stitutione legis, by necessity of Law; must be Tried by the Certificate of the Ordinary. And should this way of Trial be wholly laid aside, or indeed be but even Disus'd; the sequel will be strangely Mischievous. Many will more then Flutter and Flash, with hopes of coming off, without a nip.

In fine, the late Ruffian Times, when Root and Branch was Threaten'd against the Law: are Garnishments enow, to Coun­sel the Professors; how they part with le Gardian del Ley, or Protector of the Law: the Government now E­stablished.

Par. 175. Advice to the Fugitive and Frontless.

TO draw to an End, I could wish some freekish Straglers; would bridle their Tongues, though their Hearts are Incurable: from Spawling such ugly Malignities, against the Womb that Produced them; the Font that li­sted them under Christs Banner, to the Blemish of the Diety, and Blacking their own Souls.

Some are clear sighted, and can distin­guish between Damask and Callico: And cannot Stray, without a Check of their [Page 298]Diary; telling them: they must one Day Audit, for the minutest Thought.

Let me Counsel the Unquiet, or State-Troublers; to leave these Frantick Rang­ings, and grase within the Hedge: Stoln Pastures (though Sweet) are Rotting and Con­sumptive to the Soul: Truly these outragi­ous Affray's on the Church, look frightingly; as Designs to Winless the Buskin, into an Out­landish Nowse.

Bravings against the Law are Destructive.

The loud Crake of Prosperum Scelus, is a Slippery Tread, and may break their Legs; And well if they Escape with the Top-Member. Let them Take up in Time, lest they run Mercy quite out of Breath: should the Ducklings of Zeal, bog­gle thus Audaciously elsewhere; they would be more then Sentenc'd to the Gae­tulian Sands, to dabble in Mud, or Pick Daisies: The State would send them a Pair of Shooes; which if they Refus'd to wear, the next Token would be a Sala­mander Sallet: more then the Pain of the Boot, or that of walling for Fraudulent Se­curities.

But for Explaining my self: I will ap­prove of Tenderness of Conscience, and [Page 299]therefore by no means Allow, of Faget­ting the Person: only according to the 1 Eliz. Burning the Purse, or Racking the Poc­ket: the healing'st Physick for Peevish­ness.

Par. 176. To the generous Stray's. The Cockerers of Faction.

LET me intreat the Equestral Order, or Scale of Noble Blood; to Study themselves? 'twas no less then the Advice of the Oracle. In the whole Compass of Nature, no Creature so well worth our Acquaintance; as the knowledge of our selves: They will then quickly learn, without Parling with Feud or Faction; by the inborn Tutorings of Honour: that the most unthrifty or tragical'st Act, that a Gentleman can Commit; in, the whole Comedy of his Life, is to resist his Prince. And Flinging and Fluttering against his Law; is the unhandsom'st resistance.

Par. 177. The Boyishness of Blundering against Setle­ments.

HAve we not Compromitted our Consciences, in matters of Exter­nal Worship, to Authority? Have they not Given (on grave Debate) their Judgment Final? And must we now mutter against our own Act, Reneage and turn Runnegadoes; because the old Truth is Trump, and Falsity gleek'd.

At this Rate there will be no end of Controversie; no obedience to Law. In a private case, if any oblige themselves to stand to the Award of a Stranger. If Ar­bitrated against the Hopes or Interest of either: what childishness from the Com­promittors, to mumble of hard Measure: But non-Complaisance, some Lawyers ad­judge very Boyish, and most Casuists, Barretry.

Par. 178. To the whole Bunch of Dissenters in General.

IN fine, let the Ʋniversal cluster of Con­trarients, Ponder but the late Chops and Changes of Government: with the [Page 301]Essay of all ways, and the loss of the best of Princes; no bottom could be found, nei­ther by the sliness of a Covenant, nor the Dint of the Sword: But even for a setle­ment, All were forc'd to return, to the forsaken Establishment. Which is a sufficient Conviction, to open Eyes and Hearts un­sear'd; of the Justness and necessity of the Office. And that Digitus Dei, or the Express Will of Heaven is Visible in the Case: For had God been offended at Ta­pers, or at all pleas'd with Dark Lanthorns: after so long a suspension, held up by the bloody Hand; undoubtedly it had never been Restor'd.

Par. 179. A Seasonable Cautel to General Councels.

THE Duty and great Honour, of pub­lick Assemblies; is to lay aside self-Interest, and debate Affairs, Deliberately and Cooly: And when once matters are seriously Digested, and Resolvedly A­greed on: To Vote and Ʋnvote, at the Peek­ingness of every prick-car'd Creeper; Is more then Fickleness, the meanest of Pusillanimi­ties: A Disgracing of Authority and most Insecure; in Exposing Determinations of State to Mockery and Scorn.

1. In Religion.

Liberty of Sheaking, will set the Gate wide open, to all Hellishness: once Bit with Sedition, they become Frantick. Every one Broaching, what Destructiveness they please: the most Absurd and Damnable, the purest Spirit.

2. In State.

'Tis an Encouragement, to Congeal their Frensie: when in Busling and Baf­fling, they may procure Liberty; when will the Law be observ'd? 'tis no better, then Stealing the Goose, and setting up the Feather:

By the same Petishness, they dream the Spiritual Law hard: They may stand on Terms, and Camphyle with the Tempo­ral. And by their Trivancy, in Scrupling and non-obeying the one, the other is Maim'd and Resisted.

Diversity of Religion Destructive to Monarchy.

Hardly Peace in the State, without Unity in the Church: is an approved Maxim. Con­trariety of Judgment, in Spiritual Mat­ters [Page 303](wherein should be the fullest Assent) Dis-joynts the Affection; makes Parties and several Factions: for though Teeth outwards, they may appear somewhat Curteous and fair; yet inwardly, there's not that Graciousness of good Will, and Debonaireness of Love: As when All of one Belief. Therefore a general Liberty not only inconsistent with the Purity of Religion, but even very Incongruous, and against the Interest of State.

Thus we contend for no light matter, with the most Prudential, Salus Regis, or the very Being of Monarchy, lies at Stake: And therefore the Law, not over whet­ted, but too Dull and Curt.

'Tis Agreed that in Republiques, Con­sisting of Trucking Nurture; one Size of State: Studious only to amass, and hoord up Pilth; a Liberty of Ranting, happily not so Formidable; there being no Pyramids of Envy, to blaze Ambition. But for Mo­narchy, the Colony of Honour, and Element of Ambition: 'tis fear'd their Shafts, will be too Busie; and if not Button'd, too Bold and Dangerous: Like the Heat of the two Competitours, the one would brook no Peer, the other no Supreme.

In brief, any little Faculty of Dispen­sation, will prove Ruinous to Monarchy,

3. In Law.

After the Judgment of several Acts of Parliament; 'tis against the Safety of the Kings Soul: And Sedition like Murder, can hardly Conceal long; it must out, though to the Ruine of the Contriver.

4. In the Isonomy, or even Poise of Justice.

'Tis very Hard; that the Obedients, that readily Comply; leading a dutiful and sober life: should fare worse, then the Surly and Undutiful: the fearless Da­rers, that Vapour against Law and Reason; and make all the Bustle.

Such Partiality is enough, to Dis-spirit and cast down the most Valiant'st; into more then Heaviness, even Despair: and to Entice and Embolden the Cowardous, and even harden their Haughtiness.

The Sequel is plain enough, to the least Speck of understanding; though bred at the Plough tail: If Surliness be cock'd up with Indulgings, 'twill vaunt more ragingly in Churlings: And glory to Alarum Church and State, with Con­tinual Dislikings: which shall always unsetle the one, and Disquiet the other. [Page 305]So that (through remiss Cockerings) we shall never Enjoy Religion, nor indeed Peace.

5. In Politick Prudence.

To keep Peace on the Hindge, the surest Contrivance, is to cherish Obedience to Law: If some few inconsiderable Wretches are Pleas'd, the Solider and better Part; will be Disoblig'd: then their Dissent­ings, may prove as Fearful, and more then the former; because forty Times more Worthy: And to slight a Friend, and not abate an Enemy, is Doting Wis­dom.

A Friend will stick to the End, and therefore ought to be put in the Bosom, and made much of: for his Integrity will avail more, in Time of Need; then a Crowd of Foes, seemingly Fetch'd off, with easie yieldings to Ignorance and Pride: Muffling their Passions, from open Ra­vings, till opportunity invite them, to Staring Frantickness.

Thus the Gratifying one Faction, will beget a greater: and so a Stone in the Foot still. The State sicker for Changing the Law.

But quod inconsultò Diximus, Consultò Revocamus, what we have Indulgently Vo­ted, we Advisedly Repeal: otherwise the Church (without running to a Seer) will certainly be Destroy'd: and the Monar­chy overthrown.

Par. 179. An Advisement to Princes, how they Dandle, the Picqueerers against Monarchy.

'TIS held a safe Tenent of State, with the Judicious: that nothing doth more Exalt and Amplifie Princedoms, then Sticking close to Ʋnity in Religion.

Liberty of Conscience: O sad Jug­gle! a Sophism of Delusion; and impossible to be Allow'd; unless the Prince be weary of his Crown: for if Con­nivings, produce these Scaring Blunders, what will do a full Liberty? that will soon end the Strife, and throw Monarchy shear out of the Window.

Currat Lex.

For the smallest Indulgence Imagin­able, will be the Mother of more Mis­chief, then hapily a Session of Wits can [Page 307]Redress: Give but an Inch, and under Colour of Dispensation (such is the Ma­lapertness of Cocker'd Schism) they'le take an Ell: And deem it but scanting mea­sure, though they skip all Bounds, of Piety and Manners: Liberty of Roving will give them the choice, of Ruffus Shield; to repudiate Heaven, or Espowse Hell.

Vivat Ecclesia.

Otherwise this Audaciousness will swell, to Confront Sovereignty: and in a short Time, had they Teeth to their Stomach, Create a martial Disturbance.

Par. 180. Mournings for Moroseness.

I'ME struck to the Heart, that so Gal­lant a Prince, as the Majesty of Eng­land; should be thus Abus'd: That no Acts of Grace, no softness of Temper; should prove Disswasives sufficient, to silence the Froward: But rather Con­densate and brazen their Impiety.

Forbearings signifie no more, then words writ­ten in Water.

If the Galaxy or milkey Monishings fail; persevering in Ecclesiastical Unity, will pick stubborness out of the Breast: And spare legal Buffetings the Trouble, of Converting the Spirit. Since Mildness cannot Prevail, undoubtedly Executing the Will of Heaven in suppressing Facti­on, will Kill the Serpent, and Keep the Crown on his Head.

Par. 181. Vive le Ley.

ELse Religion must suffer, and in time be overturn'd: for every Hot-head that pleads so fiercely, for Liberty of Con­science; without Begging him for an Ana­tomy, hath apparently a Pope in his Belly. Designing to reduce the Church, into a despicable Condition; through Tumult and Confusion. And then to slip in the golden Cross; which in Truth are the Ʋniversal Designments, of all the Whinings and Sooth­ings, for Freedom of Conscience.

Par. 182. The Precation for the Dethroners of Monarchy.

AT the great Advent, of the Sove­reign of Souls, and Justiciary of Spirits: When the Soul must appear in its Albe, or natural Shape; without Frock or Shift, and Plead peremptorily: Pray God this Sowrness against the State be not Sen­tenc'd to Chains of Darkness.

Par. 183. The Conclusion.

1. TO Conclude: the State having been too much Bruis'd, through so lame a Patrociny. No Satyrick Fume, or sporting Vein, through Florridness of Stile; to bait the poor beguiled Ramble: No swelling Thoughts, to Enlarge my Pri­vacy; through Romantick Pride, to look Big in Print: Sneakingly to Creep, or Curry Favour with Parmenio: Hath oc­casioned this Emparlance. But meerly the Impulse of Conscience, out of the Allegiance I owe to the Church, to lay the Spirit of Error, for the safeguard of the [Page 310]Soul, and the Good of Monarchy. In truth, to Confirm the Regular, and if it Stand with the Divine Pleasure, to reduce the Pilgrim.

2. Pardon the Frequency, of some French words; us'd out of necessity, because Adapted by Law: not foisted in, out of the Common Fondness; that admit of no Compleat Accomplishment: without the Party be Dextrous, in Jabering French. I detest that Mimicalness. Deeming our own Mother Tongue; just as Good: if not more Expressive, Elegant, and Grave.

3. If the Ticklish, take snuff at the Jo­coseness; feeling himself thereby Gal­led, I wish it may prove, a Drench strong enough; to prevent his further Retch­ings, against the Church.

I mind not the Telescope of Spite, the Squintings of Gibers, or the wayward­ness of some Shuttle-Cocks: nor indeed the Pryings of the severest Censour; being Conscious of my own Candidness, having made no Breach of Charity or Civility: conceiving Huffings and Durtings (Bil­lingsgate Arguments) will never make a [Page 311]Proselyte: And therefore forbore all Tartness of Expression; more then what the Subject matter did of necessity re­quire; not a syllable hissing, at any Bo­dy in Particular; by Anagram or Circum­locution: no Lampoon of Wantonness, nor Iambicks of Malice; the frequent Arguings, of the Spawlers against Prelacy.

4. Making a little Bold, with the Mascu­line Saintship; perchance with the Mild, might have been somewhat Pardonable: If Chiming against the Female, had been forborn: which with the Guilty, seems untunable and Hideous.

I cannot think, striking on this String; will be either Maget or Moat; in any Ci­vil Eye, not blear'd by Faction: for I han­dle them, without Levity or Gibery; with the Julip of Bowels, (without the least Cramb or nick of Reproach) to take off the fiery Depravedness; against Monarchy: Aiming to Disabuse, the negative Believers, or wandering side: in Rescuing their souls, from the ridiculous Cosonage; of this holy Imposture.

5. The Discourse in the Bulk, being pure­ly [Page 312]Controversal; acting no individual Person: only Checking, by the Modishness of Reason; and likewise by the Laws of Charity, Counselling the Beguilers. I need not Imparle with the Discreet, to pardon my Slippings: nor shall I much care, to take off the Spatterer; from his Mocking and Mewing: By the Enchanting way of the Saints, with Cramping the Spi­rit; to flourish my Pen with bumbast Phra­ses, or Perfuming it with Flattery; the Cardinal Doctrine of Sedition.

Neither can I surmise, that the sowrest or peevish'st Person alive, that advises with Civility: will be in the least offen­ded, at these Debates; being no more, then a Modest Defence, for the King, Church, and Law of the Land: which the Lowest, are not only oblig'd, in Thankfulness for their Protection, and Enjoyment of Peace: But formally bound up by Oath; to honour and yield Obedience.

6. If proscrib'd by the Orthodox, I shall lend my Hand, to the ostracism: And that the Church, might be Indempnified, rest Pleas'd, and rejoyce in the Proscri­ption.

May the great God of order, reclaim these turbulent Rangers: from being any longer Gull'd, with the flashy Saintings of Delusive Clouds: to our Sorrow, and their own Ruine.

Lord chase out all Flashiness of opini­on, all Growlingness of Humour: And Restore them to their right senses to ren­der obedience to thy Word, and submission to the Law: And they must be Happy, even against their Wills.