Confusion confounded: or, A firm way of settlement settled and confirmed. Wherein is considered the reasons of the resignation of the late Parlament, and the establishment of a Lord Protector.

Confusion confounded: or, A firm way of settlement settled and confirmed. Wherein is considered the reasons of the resignation of the late Parlament, and the establishment of a Lord Protector.

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Title page

Considerations upon the Resignation of the late PARLAMENT, AND Establishing of the present Form of Government BY A LORD PROTECTOR &c.

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Considerations upon the Resignation of the late PARLAMENT, AND Establishing of the present Form of Government BY A LORD PROTECTOR &c.

THe former Parlament, as it was the birth of abundance of pangs and throws of State, so it sat down in such a time, and was guided by such a spirit, and encountred such accidents, that it was easie to foresee that Providence had designed them to somewhat extraordinary; And indeed it proved no otherwise, for the secession of the King brought them upon extremity of Counsel, and in the management of the unhappy war, there wanted not either prudence or [Page] animosity, which God was pleased to smile on with happy success, and giving in the strength of the Nation into their hands, to put them also in a capacity of setling our Liberty upon so right a foundation, that it should not easily again be shaken. But as it happens in all things humane, to be corruptible, so it fell out in this great Body, (and all Governments may well be said to be artificial men) that though it rose as a Gyant in the morning, and ran its race swiftly before noon, yet sitting long after, it grew Chatharrick and lazy, nay diseased and troublesome. Hence had it so many gripings in its own bowels, two or three Phlebotomies were ineffectual, and the last extremity and refuge was taken, which caused at length the dissolution of this assembly, which if you will either consider for the strange mutations within it self, the grand enterprises that it happily undertook, the wonderful alterations it hath brought in these Nations, (not to mention what influences it may have over all Europe) a man may truly say it was one of the most famous, fortunate, wise Assemblies, amidst so many difficulties and perplexities, as ever was.

Their dissolution as it afforded much reason of thought to the speculative, regret to those related to that Power, and a kind of a bitter joy to the remnant of the malignant party, so it proceeded from such reasons as might certainly in the safety and reason of State justifie the action. For indeed though God was pleased to own their Counsels, so far as to produce many glorious events from them, yet their power at length like a standing water growing corrupt▪ and they declining from their primitive vigour and purity, and withall growing distasteful to the people, who began to perceive with regret that they were unwilling to deliver up their Powers, as they had declared, and was expected, there was an inevitable necessity of doing somewhat for the publick safety. Adde to this, that the Bill which they had prepared, was circumstantiated so as gave but very little hopes of bettering the people by that provision, and the greatness of Liberty that was left in Election, could assure us of nothing else but hot confusion, and a desperate revival of oppressed factions.

But these things were upon that occasion more fully handled by several pens, who sufficiently cleared the necessity and justice of that great alteration, which as it necessarily brought the Power immediately into the hands of the Lord General and the Army, (in whom [Page] it was effectively before) so it put them to a considerable debate whither the exercise of this Power should be transferred. They saw that the people (things so standing) were absolutely uncapable of that Power which was naturally theirs, and that it had been but to put a sword into a mad-mans hand. They were not willing to change the form of a Commonwealth which they had bought with so much blood, and therefore after the fullest debate, it was resolved to dispose the Power into the hands of such sufficient men, and that for a time, as might with godliness, honesty and ability, discharge the Supreme trust, heal the distempers of the Nation, amend the errors of their Predecessors, and settle the Peace of the Nation upon such a Base as should not be shaken.

This number of men meeting together, and being commissionated from the Lord General, after a great many (si famae creditur) inconsiderable debates, voted themselves a Parliament, and so declared themselves, and began to act accordingly. But it was soon seen that those great expectations that brought them thither would prove abortive: For Division, which is the murtheress of Councils, appeared very briskly in their very dawn, and there was a party headed, whom nothing could please, but the wildest and most extravagant devastations possible. The main pretence was Religion, or according to their odd and fanatick Notions, the setting up of the Kingdome of Jesus Christ, a consideration which, though it found acceptation with some grave and sober Inquirers, yet must needs be of so different a nature from that which is expected from these men, that there cannot be two things more disagreeing. To say nothing, that they not agreeing in the grounds of the notion, or the wanner of it, would certainly in their consequences arrive at the greatest Asustacies, that it were impossible for the Christian Magistrate to support his sword in the midst of such confusion; Not to mention that such notions as these, proceeding from ill made brains, and disturbed fancies, strongly tinctured with an hypocondriack melancholy, not bringing any assurance out of the word, or any other sign that they proceed from the Spirit of light, if they become once Magisterial, oblige us to quit our Discourse, our natural reason, our experiences drawn even from common sense, the means God hath ordained to direct us in civil matters, and to follow those Wills-with-Wisps, or ignes fatui of revelation and pretended spirit.

[Page]From hence I believe it rose (though I cannot but conceive abundance of consciencious and discreet men joined with them upon other grounds) that they voted none capable of place, who was not Godly, a word of that latitude, that it signifies all things to all men, different religions having brought men into such a high distemper, that men do now accustome themselves to reckon it according to what themselves judge and opinion, not according to the conversation and practice of another; So it was easily perceivable, that those Gentlemen that were so forward in it, were not without design to seclude such other as were not of their Cloath. But if we consider this a little more strictly, we shall find that it was neither Politick, nor indeed Rational. Not Politick, since all States of the world choose such Ministers as are the most fit, though many times of different perswasions, provided alwaies they had not some outward scandal, and were qualified with such abilities as became their employments. For it is not every raw and untutored head that is fit to serve in the affairs of a State; Nay in ordinary business of life, when we want any thing necessary, we resort not to any Tradesmen, for that they are of such or such an opinion, or so or so more pragmatical than their Neighbours, but we go where we may find things more convenient and cheap for our purpose. Not Rational, since it forces the partyes suing to a strange piece of immodest hypocrisy, to desire a man to certify of their godliness when it may be their own hearts sting them and tell them the contrary; and ingage the party certifying to a strange presumption, to give testimony of a mans heart, which is the seat and root of godliness, and of a mans actions (and that positively, whereas all Laws do onely admit testimonies of that nature, negatively) whereas many of the most horrid Crimes may be committed in the dark, and tis the nature of guilt to avoid as much as she can the eyes of men. But we shall have occasion to speak more of this hereafter, and that upon occasion of a subject that relates more to it.

This consideration was of such importance and influence, that it seeemed the matrix of many other consultations, which were very eccentrical to the publick welfare. The Law was looked on as a noisome ruinous building, not capable of repair or alteration, but fit to be pulled down to the very ground. Propriety was struck at, nay which is matter of sad wonder, upon the account of Jesus [Page]Christ, the Ministry was to be demolished &c. All which gathering strength and heat in debate, as the stirring of the wind increases the fire, it came to such a pass, that without a wild confusion and devastation, such Counsels were not permitted to proceed. And therefore since they were ready to pull down the very rafters of our Peace and Liberty, and seemed not much to care what they set up in stead thereof, Those Members whom greater sobriety and prudence restrained within such due limits as became sober Patriots, thoughr it not fit to mingle any more with them, but rather to resign the Power into the hands from whence they had received it, and by such retirement elude such wild and pernicious Counsels.

Therefore when they had upon Saturday Decem. 10. before, past a Vote, which struck at the very root of the Ministry, they raised not small apprehensions, that the consequences thereof might have proved very pernicious.

Now the business, to put the Reader in mind, stood thus. The Committee for Tythes after a long debate agreed upon a report of several branches, which they presented to the House, the first whereof was, That several Commissioners should ride through the Nation, in six circuits, and joining with other Commissioners in the several Counties, should eject all prophane, scandalous, or insufficient Ministers, and place able and fit men in their Rooms. This because it intended to uphold the Ministry, and that all was not to be laid wast, and the poor souls be either forced against their light, to deny their Ordination, or else with their wives and families be forced to poverty and famine, so that in a little time we should not have seen the face of Christianity among us, past in the Negative, which with other circumstances occasioned so much trouble, as we have mentioned before, to the wisest and ablest men, that they the Monday after declared the incapacity in which they were in to accomplish those great ends for which they were brought together, And therefore they were resolved to return their Powers, which with a joint consent of the major part, arising with the Speaker, without any force or compulsion they did, & so repairing to White-hall, they resigned their Authority into the hands that gave it.

There were indeed a small number (under 40. which was the Quorum) who indeed had the zeal, resolution or indiscretion (I cannot tell well what to call it) to remain in the House, and refused to depart. What their ends of staying there were I know not, they [Page] pretended it was to seek the Lord, others, that looked neerer into their actions than they had a mind to be seen, say it was to raise up a faction, for otherwise they would not have taken it so ill, that Col. Goff should desire them to be gone, for why should they not depart when their Assemblie was by resignation, dissolved since they were but a degree above a Conventicle, and that place famous for the entertainment of so many venerable Assemblies, was not so fit for them as Mr. [...] house, where most of their maginations were formed and shaped?

Now because what we have said is general, and in manner meerly narrative, we shall descend to those particulars which the Author of the Narrative quotes from the mouth of an Honourable Member, as his Reasons for Resigning, as also take a view of the Glosses the Narrator puts upon them, with this Remark at the first, that all interests are taken in, but the despised ones of Christ, which ought not to be let pass, in regard that this pretence is fundamental with them, and therefore would be a little shaken.

How precious every soul is to Christ that by Faith and true Repentance lays hold of him, all must needs imagine that know what he became and suffered for us; Now to become Christs is to become humble, patient, meek, long-suffering, not to ingage in vain wrangling and abstruse theories, which the soul only gnaws upon, not feeds on, or hot bickering about opinions, either new or indifferent [...] the essence of Religion, but in a hearty love and acquiescence of our Saviour, a stedfast endeavour to do good to all men, practise integrity in our vocations, and a due submission to the higher powers. Whosoever practise otherwise, though they prophesy, though they speak with the tongues of men and Angels, they cannot be said to be of Christ.

Now for these men that boast themselves so much of this glorious title (a title that assures all peace here, and felicity hereafter) though it were grand uncharity for to say they had not absolute reason to pretend so much to that precious cognizance, in regard there may be many good and pious souls among them purely misled, yet that their waies ought not to be closed with, and that they seem not person fit to be trusted with the reigns of any Government, and that very probably they build upon the sands, may partly appear out of these following particulars.

[Page]1. That strange principle of theirs in insisting for a Liberty of Conscience for themselves, and yet by this Liberty of Conscience understanding and endeavouring such a one as will not leave any other perswasion but themselves to their own freedome. This may evidently appear by their common discourses at Black Fryers, by their pulling down of Antichrist, Forms, Orders, Ordinances of Man, and setting up the Kingdome of Christ, which is in plain terms the plucking up of all Ecclesiastical and Civil policy, saying all waste that they might enter and devour at pleasure; and it is to be supposed that these men that have so much hardiesse as to make enmity and detestation to all kind of Forms, if they could depose them, must needs set up their own, which being such a Tohu Yahbohu, what an advantagious alteration it would be, it is easy for any man to judge.

2. For those Chymaerical discourses of the fift Monarchy, that they as Saints should inherit the Earth; that the Kingdome of Christ should be set up, and all earthly power be broken to pieces like a Potters vessel, is such a Tenent, as cannot consist with the very being of a civil Magistrate. But as it makes them Tyrants, Oppressors, Robbers, &c. so it gives a fair pretence & colour to any tumult whatsoever, when the ulcer is grown ripe enough and fit to break. The passages at Munster are too known to need here particular mention, we shall only note this, that as they are extremely passionate after Novelties and Curiosities, so being of the shortest sight, and the coarsest tast, they the soonest embrace them be they never so ill-favoured, but especially matters of Religion, which though false, yet aided with a little imposture, carry a certain dazling awe and splendour with them, that the people who are easily fired with harangues even in common businesses, enflamed once in matters of Religion, break out like a violent conflagration and destroy all before them, but especially, how dangerous it may be not only to the Magistrate, but the very peace and being of a people, when these principles, not only simplY oblige their Consciences, to enjoy their own opinion, though it were to undergo persecution, but their consciences enforce them to seek after tyranny and domination over the other, as an effect, reward or privilege of their belief.

3. Though by their own axioms they quit the use of [Page] Reason, which is the natural light of the world, set up in a mans mind, yet they make themselves infallible and peremptory, and consequen [...]ly impose an observance upon whatever they say, be it never so infirm, or unsolid; which how destructive it would be not only to all discourse, but order life, is too evident to be demonstrated. Hence come these strange speeches of hearing the word of the Lord, of Visions, of the Lord speaking within them, &c. when many times notwithstanding their pretences, the things they utter seem to abhor from common sense.

4. Their common hate and detestation to the persons of all men of other belief, excluding them not only from all places of Trust and Honour, but as much as in them lies from the very benefits of life, which what a sweet and Christian meekness it shews, is apparent; so that it is easy to judge what reason they have to cry out for the pulling down of Antichrist, since nothing in the world can be more Antichristian than to force the consciences and beings of other men under their own sway and domination.

5. By drawing all Politick debates into matter of Conscience, that is confounding them with matters of Divinity, they not only raise up an insupportable▪ Tyranny upon all Experience and good Induction, but by this means necessarily hedge in all business to them and their partizans, for they will tell you he is only fit to judge or rule that hath the Spirit, and they will only judge him to have the Spirit, who is a sure Assertor of their Faction, and upon the next turn, you will have, That every Civil debate shall be turned into a Religious, the Statute Book (the long experience and caution of our wise Ancestors) shall be thrown out of doors, and men shall come into a Senate to consult of Politick Emergencies with Bibles in their hands; Not but that I esteem the reading of that inestimable Book, but that I believe God left it with us, rather to teach us the way to Heaven, than for any instruction of Government to particular Common-wealths, which differing in Form and Temper from Judaea, can never be fashioned to those Customes, Government being only sacred as Government, not in concreto, as this or that Government.

This is a small part of what might have been observed of them ever since their first rise; but because my business concerns only the latter actions of some men, and it is a Topick of another profession, [Page] and that I could not attend those admirable Lectures at Blacks friers, nor get any perfect account thereof, and for that I would be loath to deliver here any thing I doubted, for certain, I shall at the present dismiss it, saying onely this, That ambitious and seditious men never think they spread their nets fairlyer than when their pretences are very high and promising, and yet they themselves pretend to be sufferers in the attempt. Hence it is, the Narrator calls them the despised ones of Christ.

We have touched at a few reasons why these despised ones of Christ, (as they call themselves) were not, nor ought not to be taken in, and yet that the despisers of Christ were taken, which the Narrator so positively denies, we shall have occasion to insist on in its proper place.

For his exclusive instances, that they were not taken in, these Gentlemen would be acquainted, that every Re-publick, that is to say, the Supreme Power in any Government, ought in all judgements and rewards to be blind and inflexible, not onely in deciding matters between man and man, but also in returning to its own immediate subjects or Officers such dues or claims as they are justly engaged for, and this with the same easiness that a private man would do that is able, or should otherwise be compelled unto it. For bring once a distrust between the Commonwealth and the people, (and distrusts in these cases are occasioned by non-performance of promises) you at once enfeeble their hands, and make their purses, unless it be by compulsion, unserviceable to you; whereas a gentle way of imposition, performance of promises, or equal gratification, makes every private Counter a part of the publick Treasury. And indeed this is a duty incumbent upon every Commonwealth, whose main interest is meerly to do justice; for though her spleen by this means may not swell so mightily, yet the whole body is in better health, fitter for exercise and a longer life. And certain it is, that God Almighty seems to bless moral Justice in several Nations with large felicity and duration. This thought St. Austine once had about the continuation of Rome, and whether it also may not take with the Turks at this day, is too nice for my scrutiny.

Secondly, if the Commonwealth ought to be so rigorous to its self in discharging it self not onely to Foreiners of all Compacts and [Page] Debts, how much more tender ought it to be in preserving to its own subjects that which is justly theirs? For whether it be as was said of old, that man was naturally sociable, or as a learned Modern hath said, that he is compelled into Society meerly for the advantages and necessities of life, certain it is, that admit any man without protection of what he at preseut enjoies, (unless it come to to be determined by Law, which is but the regulation of the force of a Country) and either his next or strongest neighbour, if not punishable, shall dispossess him, and consequently there shall be nothing but warr and confusion in that place. Now if men in the state of Nature find Propriety a thing so sacred, so useful, what shall we think of Commonwealths, whose great design it is to better men, that is to say, to lead them to that civil happiness jointly, which they could not arrive at singly? how ought they to be careful in this point? for it the wisest States have been so careful, that even in Taxes (which are necessary to be paied for the due preservation of the whole) such a due Modetation hath been used, as that no more should issue out of the purse of the subject than should meerly conduce to that End; and Rome it self, after the conquest of Perseus by Paulus Aemilius, out of the Treasury then gotten freed the people for many years, as not thinking fit the Publick should command a private purse without eminent necessity and danger; It holds à fortiori, that taking away particular proprieties is matter of more injustice and unsafety in a Politique Body.

Thirdly, how unfitting is it for a Common wealth, without any consideration or other provision at all, to dispossess any persons of their particular lively-hood, whether it be by office or profession, and that without any provision at all made for the setting up somewhat else in the stead thereof, or to say better, reforming of the old?

Certainly a mans office or profession, (provided alwayes it consists with the publick welfare, and be not oppressive to the people) is as much propriety as any other whatsoever.

Having promised thus much, I shall now descend to the particular instances of the Narrator, which when we have perused, we shall confront with somewhat necessary to be mentioned about the late change.

As to the Souldiery, whose pay they would have stopt, by hindring the passing of the Bill for Assessments, the Narrator saies it [Page]was moved indeed (nay it was highly urged) in order to the abatement of the Tax, and in regard of their great estates and little hazard and pains, that the chief Officers would serve the Commonwealth freely as the Parliament did. But that this was a meer design to disunite the Army, and break them in pieces, and make them odious to the people by Free-quarter, may easily appear by their endeavours and discourses of changing Commanders in the Army, or to say more properly, advancing men of their own principles, which how dangerous it is to the very being of the three Nations, cannot but be acknowledged, when it is considered what a number of Enemies we have to deal with, and that our protection under God lies in their hands, which by this means would be weakned. But as it happens in all civil debate, that sly and ambitious factions discover not the main at first, but endeavour to creep in by insinuations and plausible pretences, so these people would under the pretence of inequality of Taxes absolutely stop the Bill, whereas reformation (if any such needed) might be made in convenient time, and the Souldier not be forced at the present to starve, plunder, or disband. As to what they object, of the small pains, and great Estates gotten by Commanders, (though some have not gotten so great Estates as they might have done, as may be instanced, were it without offence) it seems they are very apt to forget the hazards and toyles that these men have undergone for that pay, and that even in the midst of their perils and action how little they received or pursed, and now when the Lord hath honoured them with Triumphs, they must in a manner be laid aside, and debarred of their pay, which hath put on (a man would think) the nature of a reward now, rather than an entertainment. Some shadow of reason indeed there had been for this motion, if they had trifled and delayed a warr as is commonly seen beyond Seas, and was at first practised by their Predecessors here in England, the better to salve their own avarice, and to keep their employments a foot. But they behaved themselves otherwise, their courages surmounted the difficulties and rigours of the coldest winters, and in midst of the bitterest frosts and sharpest tempests they were seen, besieging, skirmishing, pursuing and doing all those actions which might be expected in a campagne, so that their victories were thick, and the fury of the warres in our bowels soon blown over. Their [Page] memorable things in Scotland and Ireland are such, as they have done more than our Monarchs could do in many Centuries of years, and yet these men, after all these merits, notwithstanding their pay at the present is reduced to the lowest it reasonably can, and holds no proportion with the rates established abroad, that which remains must be taken from them; But it seems the Gentlemen that made that objection concerning their great estates, did not look upon that part of the wallet which hanged behind their backs, for rhere were many members there, who had estates very different from what they had had 15. years since, and not a few of them had either one or more offices that might well amount to the pay of a Collonel. But these men that are Moles when they are to consider themselves, see as sharp as Eagles when they come to survey others. But perhaps they may have somewhat of the nature of the Cockatrice, and coming to be made see their own visages, abhorre them and burst.

We have seen how well the Narrator hath acquitted himself of the first particular, we shall come now to his second, which is the taking up of the Cavaliers Interest in the Case of Sir John Stowel, which is very disingenuously and maliciously interpreted to be a complyance with that party. For Sir Johns part, though he were an eager, and severe pursuer of the Kings Interest, yet if we shall look upon his sinnes and torments, they will not be found very disproportionable. He hath been several times brought to the Bar for his life, and he lay many years in prison, he hath lost the profit of a very fair estate for many years together, though he were comprized in the Articles of Exceter, (upon which the High Court of Justice would not take away his life) and ought to have been permitted to compound, which he did also endeavour, but could never obtain. Certainly there were some Ahabs at that time, that had a mind to his Vineyard, for otherwise he could never have found such strange and dishonourable opposition. Nay even at last, when the Court of Articles whom the Parliament made in a manner Judges of themselves (as to relieve in particular cases, where there might be occasion by the rigour of some general Act) after hearing the full and large debate of the whole matter, adjudged him within the benefit of the said Articles, the same party in the House prevailed to suspend the proceedings of that Court. But that [Page] Parlament dissolving, and the Court proceeding according to their duty, the late Parlament made an Act to confirm their Purchases, and that out of a very strange reason, viz. that the former Parlament had ordered a stop, and they did it but to quiet the possession to a sort of Godly Purchasers, whereas they should have bethought themselves, that if the former Parlament had done an Act of injustice, it was their duty and profession to reverse it, not to confirm it. Nor indeed can a Parlament, though a Supreme unlimitted Court, enact any thing against right Reason, or common Justice, but it is ipso facto void, they being trusted with the peoples safety, not with their ruin. Nor is that restitution in specie or value any thing; for what Justice can there be to take away an Estate due unto a man, and give him another not half so good and commodious, or not half so much worth? Justice is rigorous and extreme, and will be fully satisfied, or else she is not satisfied at all; And though in her punishments she may sometimes turn to injury, yet in distribution she loves to be full and exact.

There can be doubtless no one thing makes either a better way for conquest in winning a people, not for securing of it by preserving their affections, nothing that makes a Commander more honourable, more assures and secretly blesses the Souldier, than a faithful and an inviolate keeping of promise with an enemy. This is it indeed that gives reputation to Armies, & makes them flourish, while the hearts of the others tremble. This is that indeed, which as it is the ligament of humane amity, so it is the bridle and restraint of their enmity, lest it turn into rage and bestiality. This all Nations, from the most civil, to the most barbarous, have with all religion observed; judgements and plagues upon the breach of it are frequent in all History, and yet we that profess the high principles of Christianity, must do things, no body knows why, which most Turks would scorn and detest. If States will be awanting to perform the faith of their Armies, they must either expect to be served by faithless men, (for what honest man will promise that which he shall not be in some hopes to perform?) or else breed scorn and despair in their enemies, who having men accounted false to deal with, will account it their greatest safety to expect none at their hands, and thence choose rather to endure desperate and obstinate sieges, which how dangerous and fatal they have been to [Page] many thriving warres, cannot and need not be here exemplified.

Thirdly, for the removall of the Chancery, and total alteration of the Law, &c. Whether this were not ground enough (had there been none else) may be judged from a short consideration of the Nature of our Laws (as they now stand) and a due remembrance of what happiness and security our Predecessors enjoyed under them. The Law of England (as it now stands) is either Statute Law, Common Law, or Custome, Statute Law is but the edict of the Supreme Magistrate, commanding or forbidding this or that thing; This relates either to the Government of the State in general, preventing or redressing particular crimes, or making such due redresses, as cannot be made by the ordinary constitution of Government. The Common Law is recta ratio, in the determination of Justum between parties, holy and inviolable as the Laws of Nature and Reason, and though running in a municipal chanel, yet as old and venerable as Reason it self, which it is, onely reduced to practice, and as unalterable, since Reason, under never so many shapes, is still the same; though in some circumstances and proceedings there may be just cause of alteration. Custome is the particular usage in such a Liberty, place or manner, different, not contrary from either, subordinate to both; How these men may contemplate a better establishment, is a matter which as yet I see not any search satisfied with, and till they produce a better, I shall acquiesce in not raising objections against what I see not how I can rationally object. But under this Law (the forms whereof have altered according to the Constitutions of the several Governments) have we flourished ever since we have been a people, and some men of greater abilities and leisure have so amply made it appear, as well to its constitution, use and end, that I shall not interpose with those excellent men, but refer to their own mouths.

Now since it is the weakness, or incapacity of men, that they can provide no Law against all emergences and contingences, and that the wickedness of humane nature is too subtil for the most cautious and severest preventive Justice, there will follow a necessity in case of frauds, concealments, surprises, cheats, and the other effects of vulgar wickedness, to appeal to the conscience of the Commonwealth.

Hence is it, that in several particular cases there is occasion of [Page] relief, yet such, as by onely mitigating the rigour of the positive Law, may relieve the subject, without making a general Law, for otherwise, Laws would become innumerable. And if we complain of the number of Laws at present, and those made upon general resultances, we should certainly find them insufferable, if they once came to be formed out of particular cases. Now this conscience of the Commonwealth (as I may call it) being as it were deposited with the Great Seal in the Chancery, is not onely that which relieves and benefits the severity and rigour of the Common Law, but is indeed the womb of all our Laws and Proceedings. which must necessarily stop and suspend, upon the taking away of that High Court. Not but in the practice of the Court (which being a Court of Equity, cannot be so strictly bound up as the Common Law) there may happen very many delaies and foul practices; but it is a very great error in men to argue from the abuse of a thing, against the being and constitution of the thing it self; as if a man ought to be murthered, because he hath a disease, and should be put out of pain. But the constitution of the Court, (though somewhat as to excess of Fees, and corruption of practice might be remedied) is such, as without an invaluable damage to the greatest part of the subjects, cannot be altered, and some of late have so largely and particularly considered, that I shall say no more of it in this place.

For the profession or the Law, however it now become to be looked a squint at, yet it is that which hath been, not onely highly reverenced by our own Ancestors, but was the common road of advancement and honour in Greece and Rome. And if we observe, in this Nation the Professors of it have found Gods blessing very eminently fall down upon them. How many great and noble families are there that flourish to this day, nay very few of them, as hath been observed by a great man, have dyed without children or intestate? Nor indeed wants there not some reason of it; for being commonly the choicest men, culled out of the Gentry, brought up under the best education, ariving at the capacity of their profession, with long time, study, charge and experience, 'tis no wonder, if becoming the ablest men for the service of their Country, wealth and advancement wait on them; and what an equitable thing it is, for to dispoyl a man of his Profession, when he hath spent his [Page] portion or fortune (the study of the Law being so chargeable and so tedious, for I dare say, it costs most men 1000l. before they receive 10 s.) and what a discouragement it will be to all worthy education, may be judged by any man, that calls his Sense and Reason, not his Humour, into Counsel.

Fourthly, the fourth is about matters of Presentations, which that party had voted a way from their Proprietors. This the sober party of the House, not unjustly apprehended to be a dangerous assault upon Propriety it self, and therefore gave it as one of their inducements of resigning their Power. This saies the Narrator, takes in the corrupt Gentry, and is a fair bait for persons of all sorts. We have said before how much it concerns the Commonwealth as a party to do justice to all men, not onely by satisfying her own engagements, but in preserving to every man what he is already possessed of. Now if Advowsons be not matter of right, I know not what is, and if he to whom justice is to be done be not to be looked upon whether he be good or bad, honest or corrupt, but whether his claim to such or such a thing be equitable or no, I see no reason, why the Gentry, for being suggested onely to be corrupt, should be deprived of that which is so justly theirs. Tis true indeed, that as was prudently profered, it were not amiss to set up some way, where by there might be a scrutiny made into the qualities and fitness of the persons presented, but instead of an accidental inconvenience, to run upon a positive and absolute mischief, is me thinks but a strange way of caution. For suppose Presentations of private persons were taken away, either the Church doors must be shut up, or else it must devolve into some higher Power, which is more inconvenient than the former. For men of business set at distance cannot so particularly look into the lives and humours of men, But receiving only some slender Certificates, or the report of some trivial examination, pass it for the most part, (pro forma) upon him who hath the first intelligence, the best horse, or surest friends. Whereas men of the Country have neerer occasions of Trial and inspection, and for the most part, even for their own Interest, choose the ablest men, which the others cannot be so careful of, or are not so much concerned in. I rather mention this, for that it hath been observed by a grave person, that even the Universities, between whom by the Statute of Jac. the Presentations [Page] of all Papists are divided, Present for the most part very hastily and unadvisedly, without either considering their own right, or the value of the Person; Nay not seldome, preferre the most ignorant and dronish fellows on purpose to be rid of them. But this was but a limb of the main design, and here they dealt like the Fox in the fable, that first desired to put his foot in, that he might indeed afterwards bring in his head and his whole body. For if the right of Presentations had once been taken away, the next business we should have heard on, would have been Impropriations, then all other Tythes, and after that consequently the Ministry, and for ought any man knows, private Estates; How dangerous these men are, may by this easily be seen, and what fine Conclusion will follow such Propositions of theirs if they were but suffered to run on. So that the Narrator hath little reason to say, that this is to take in the corrupt Gentry, and that tis a bait for all sorts, when, as we said before, tis a preventive piece of Justice, and persons of all sorts indeed may come in time to be miserably concerned in consultations so heady and dangerous.

For the business of Tythes, which have gained this Post, had been the next they had taken, though I cannot for my part vote with them who say they are Jure Divino, yet as to the Jus humanum, and the propriety of them, that great Ornament of our Nation, Mr. Selden, some years since, and some learned Gentlement of the long robe, who had occasion to argue it before a Committe for that purpose, have so demonstrated, that he must either be very unintelligent or pervicatious, that remains unsatisfied. And therefore what a confusion it would bring to divest Proprietors of what was legally their either by discent or purchase, and how it is more Antichristian to pay tythes, when once established by Law, than to pay a Fee-farm, I see not, and what a present way it were to silence the whole Ministry a short experience would teach. Nor is it less strange that designs aiming at so much confussion should be so cunningly and orderly laid.

Fiftly, for the Vote of the Ministers, which we have touched at before, It is that which they seemed most to stand on. That it was thought a way to establish a national Parochial Ministry, consisting of Popish names of Parsons, Vicars and Curates, and also that oppressive burden of Tythes, that it looked rather like making up [Page]a breach in the Kingdome of Anti-christ, than pulling it down. By this you clearly see,

First, that all form of Ministry is here damned as Antichristian.

Secondly, upon these grounds, the Ministry must be dissolved.

Thirdly, here is a breach m [...]de for all men, never so unfit or uncapable, to undertake that great and weighty work; for if they pretend but to be anointed for the work of the Ministry, (the Narrator bringing no touch-stone) they must be received.

Fourthly, there will arise innumerable contradiction, quarrels without end, and Religion shall perish by her own Divisions. For my part, as I hold conscience too sacred a part, (being as a man may say, Deputy-Judge within us) to receive any force, so, in some particular Truths, when they are violently apparent, it cannot without repugnancy and reluctancy disobey; nor do I know any that neerer concerns her, than obedience to the Civil Magistrate, in matters purely Civil. Now whereas there are two Calls to the Ministry, the Call and touch of the Spirit within, and the admission from without, though it cannot be said that every man of the second qualification is of the first, yet in regard that mens faiths are seen by their works and lives, and that for orders sake, the abilities of every man for imployment should be examined, it is but necessary and convenient, that there should be an outward and visible way of calling and admitting unto the Ministry. For Uniformity, (which in the main, though not in circumstantials, ought as neer as could be to be preserved) hereby stands not in so much danger, and Peace and Discipline the better flourish. Not that any man will say, a man is the more a Minister for the Imposition of hands, but that it is meerly a Civil sanction and admission for orders sake. And therefore, it is a wonder, why these men should scruple so much at these names of Parsons, Vicars and Curats, when they are imposed meetly by the Municipal Laws of the Country, and relate not to the person, but to the maintenance of the man, all these three being one Minister severally endowed. If this design could have come to pass, the good men of the Universities might have shut up their study-doors, and have gone to plow, for the next business we should have heard of, should have been, the words Master, Warden, Principal, President, Provosts, &c. had been also Antichristian, and the Universities, as part of that Kingdome, [Page] be pulled down, learning which is the root of Civility rooted up from amongst, and Gotthish Barbarism and Tyranny suffered to over-master us, and all this under that horrible pretence of that pure divine and ineffable Spirit to which men would entitle their own particular humours and imaginations, a course so horrid in it self that I cannot but shrink at it, so uncertain that there is no relyance on it, so dangerous, that it may introduce all confusion that mankind is capable of. Not but that I believe that God to his beloved ones frequently sheds the rayes of that heavenly Sun, but then they work sweetly and strongly and in order, and bring forth effects quite contrary to those as must necessarily follow such pretensions as we have touched at, these being onely mutual flames between God and the soul, whereas in Civil things, he leaves us to circumstances, sense, experience, and the judgement of our reason.

For that which the Narrator professes of the sincerity of their Hearts, and the building up of Sion, I have not much to say, if by Sion, he mean the fift Monarchy which we have mentioned before; and for the sincerity of a mans intentions, when his actions must needs centre clearly contrary, is a business that I understand not. Nor can I much agree with him in his last observation, That the difference never began to appear so effectually in the House, as it did upon seeking the Lord, and bringing Bibles in their hands. What their intentions were I know not, and for the business it self shall not much dispute it, but only say thus much, that if these were pretensions the better to carry on their designs, and to engage some of the more inconsiderate, there was Hypocrisie enough in it; If they were really intended, it seemed they were answered but with very unlikely returns; what or whether any members were convinced by such means or no, I cannot tell, nor list to enquire. For since they are reduced to their first matter, I am very willing to shake hands with them and bid them farewel.

They being thus dissolved, and consequently the Commonwealth left without tuition, the Power being absolutely and visibly in the Army, and the condition of the Nation being such, as that it was neither timely nor convenient to call a Parliament, it was moved to the Lord General both by several good men, interested in the Nation, and Officers of the Army, to assume the protection of the three Nations. This burden for the good of them was he willing [Page] to undertake, hath received and may it prosper. So that now the Government is established in a Lord Protector and Triennial Parliaments, as may appear by a form of Government, &c. and will in all probability with the mercy of God, conduce to the establishment of the quiet and prosperity of this people. But because some men may be unsatisfied with the present constitution, and either out of spleen and ignorance make objections against it, I shall before I take leave of the Reader, fix onely a remark or two; for to say all things, and answer all objections, must be the work of a volume and a pen more able.

Let us then consider how impolitick and dangerous a thing it is for to have a Supreme Legislative Power alwayes sitting, and exercising it self. For such great Assemblies, like high Medicines, should be used very seldome, or but upon great extremity, otherwise they lose not onely their vertue and vigour; but grow dangerous and contemptible. Besides, Assemblies of this nature are only to make Laws, not to execute them, for being unlimited, they are not so fit to judge as inferiour Courts; nor is it reason to take away without evident necessity from any man, the benefit of the Laws already established. It is to be added, that the ends of their Calling being principally two, the making of Laws, and imposition of Taxes, it is impossible to imagine any Nation can be so constantly and perpetually vicious or ill-setled, as to need a perpetual making of Laws, or so wealthy as to be able continually to be Cajol'd into Taxes. Neither is it impossible, that men coming to know one another, may make factions; nay, do many exorbitancies to keep their Power in exercise.

The Government of a Nation may without force or noise be ealy transferred from hand to hand, and the Publick Peace still preserved, whereas if the force of a Nation come once to be divided within it self, there follows no small danger, if not absolute ruin to the whole. And therefore 'tis more prudence in any Citizen to comply with such changes and variations, than by endeavouring the re-establishment of the old, or setting up of a third to tear the body of the Nation in pieces, by interesting the sword in such dangerous divisions.

And if a Swallow fall not to the ground without the will of the great Jehovah, we may well say, that the mutations of Commonwealths [Page] (which are of so vast and large concernment to mankind) must have much more of his particular will in it, which when he declares by visible successes, revolutions above the reach of man, and the effects which could not have been produced by any humane Power, it were a strange stubborness not to comply with them, since, as his will is secret to himself, and above the search of man, so his Power is such, that he, who is in his hands, as clay in the hands of the Potter, is not able to stand before him. For he said very truly that uttered this, In se spuit, qui spuit adversus Olympum.

FINIS.

§

§

[Page]

Confusion Confounded: OR, A firm way of SETTLEMENT settled and CONFIRMED. WHEREIN Is Considered the REASONS of the Resignation of the late PARLAMENT, AND THE ESTABLISHMENT OF A Lord Protector.

Qui [Augustus] cuncta discordiis civilibus fessa, nomine principis sub imperium accepit.

Tacit.

LONDON, Printed by Henry Hills, and are to be sold at his house at the sign of Sir John Old-Castle in Py-Corner, 1654.

Information about this book

Title statement

Confusion confounded: or, A firm way of settlement settled and confirmed. Wherein is considered the reasons of the resignation of the late Parlament, and the establishment of a Lord Protector.

Hall, John, 1627-1656.

Edition statement

1654

Publication

Publisher

Text Creation Partnership,

Place of publication

Ann Arbor, MI ; Oxford (UK) :

Date

2009-03 (EEBO-TCP Phase 1).

ID [DLPS]

A86752

ID [STC]

Wing H343A

ID [STC]

Thomason E726_11

ID [STC]

ESTC R204693

ID [EEBO-CITATION]

99864158

ID [PROQUEST]

99864158

ID [VID]

116380

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Early English books online.

Notes

(EEBO-TCP ; phase 1, no. A86752)

Transcribed from: (Early English Books Online ; image set 116380)

Images scanned from microfilm: (Thomason Tracts ; 112:E726[11])

Source

— Confusion confounded: or, A firm way of settlement settled and confirmed. Wherein is considered the reasons of the resignation of the late Parlament, and the establishment of a Lord Protector., Hall, John, 1627-1656..

Extent

[2], 21, [1] p.

Printed by Henry Hills, and are to be sold at his house at the sign of Sir John Old-Castle in Py-Corner,. London, :: 1654.. (Attributed to John Hall.) (Title page printed as D4.) (Annotation on Thomason copy: "Jan. 18. 1563"; the 4 in the imprint date has been crossed out.) (Reproduction of the original in the British Library.)

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