DEFENSIO LEGIS: OR, The Whole STATE OF ENGLAND Inquisited and Defended FOR General Satisfaction.  
LONDON: Printed by Andrew Clark, and are to be sold by William Cooper, at the Pelican in Little Britain, MDCLXXIV.   


Collegium S.S. et Individuae Trinitatis in Academiâ Cantabrigiensi   bookplate   

Defensio Legis.  

Section I.  

Paragraph 1. The occasion of this Discourse.  
I Can willingly have still shaded myself within the Bower of silence: Being no apt Disputant for a weighty Cause. But seeing this dangerous Weed, Sedition, unthankful and perverse: bloom saucily unconformed.  
I could not restrain from giving the world some Glimmerings of this Glittering Saint: shrouding 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; leavened with a greater Dose of the Conspirator, than Fanatic; 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 Hag, 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 sledged to fly into Empire's face: 'Tis high time for Governors to look about them, lest the State be overmuch Disquieted and Distempered by too long forbearing.  
I shall not be Blithe with the Amused, the poor misled 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 Pant 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 fastened to their shoulders; to flirt 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 Ecclesiastic Amusers, the Chatterers against Monarchy, but even distract them: being sadly unthankful and pettishly Blinded, without veneration for either. And without a strait 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 mere sandy Cavils not worth Answering.  
THeir rambling 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 learned from Rome; the scrapes of Antichrist. Pretty flim-flams, more impertinent and Chameleon, than querying why Grass is green, or Blood red: no brand-new Brawls, but the musty Relics of our doughty Brablers: the old Disobedients, which by the abetments of Liberty and Malice, bud afresh, to the fretting of Religion.   

Par. 5. Receding from Law are Retraits from Reason.  
I'M grieved for wincing Scorners, the Kickers against Authority; with what Frothiness and Fury some foam to Rent and Rip all asunder; to Patch and Botch 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 causeless Revolt from the Mother Church? for our good Redoubbors or holy Patchers well know without a Bath-koll, or an Echo from Heaven, that what is now settled, 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 crooked through overmuch Fondness, in listening to the night Crow: with an unmanly easiness, in obeying her Croaks, as Head; whom nature ordered 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 sealed up, God ordained their Tongues to be silent: And not to be at Rovers, to gossip beyond the Milk-pale, or Dresser-board.  
This titling Bed-parot, must on necessity (there's no disputing with Fire and Brimstone) reign as Absolute as the Mogul, and be Mistress Controuleress: otherwise the house must ring of Brawling; 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 Brabbling: 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, ordained to rock Cradles; and slop between the Kitchen and the Dairy, should be lectured; to dare not only punch the Governor, but contrary to nature, to prowl and pout even for the Sceptre: 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 prattling Nightingale, is in part excusable, and may come off without a white sheet: for she's not only sermoned, and privily buzzed in the ear; but conjured, indeed over-haunted, even worried out of her wits, under Threats of future Fire, 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 Entitled.  
Out of Tenderness to the Sex, and for several other causes, the Law doth wave the feebler Vessel in all public Employments: being never so much as called 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 domestic 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 annexed to the Blood and Progeny: as the Crown, or other descendable Dignity; then for the regard to the right the Salic Law takes no place: the Sex is not distinguishable, Presuming they'll never adventure Abroad, to transact public Concerns, unless ushered 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 mumped of their manliness: they tell us they're enforced 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 politic Arguer, indeed the modesty of an advised Pen, fit for light-pated Pantalooners, quiblers, or quaffers.  
For Proselytism not Table-talk.  
I call God to witness I writ not floutingly, out of a frumpish humour, to raise Passion in some, or Pleasantness in others: but seriously, in obedience to truth, to unseduce the poor enslaved souls: in showing the fraud and weakness of their Teachers; on what slender and fallacious Wires 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 dispense with small creepings: And glad to take into their assistance, the shestickler.    

SECT. II.  

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 reduced to that Beggary and Meanness: to quiet the rage of some pudling Elopers, the grumblers against Prelacy, Monarchy would soon be darkened, the eyes of the Church being put out, and Nobility must then on course be totally eclipsed: If the substance 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 Scoffing are usually retalliated.  
AS some in their grim Taunts have erred too deeply against the very Interest of Learning: and must respond one day for their Treachery unbecoming Scholars: I fear others having sinned against the Rules, and very Instinct of Honour, may suffer for their frowardness, beneath Gentlemen, in their sharp Essays, and quipping Brawls, to crucify the Church; the sojourner of the soul, and Buttress of their own quality.  
Caution to the Worthy.  
In a word, let the wellborn 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 Church, the comely Auxiliary to the Crown.   

Par. 10. Calvinism calculated only for Commonwealths.  
The cried up Discipline well becomes Geneva or Amsterdam; popular States: where the Muses live under Hatches, with Winter usage. And muddling 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 groan under a mitre, in every Ham.  
Prelate's 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 fortify the Church in her Estate, smells of Papistry; to dismantle her, and eject the Revenue, smacks of Zeal, and nods from Heaven.   

Par. 11. Monarch's ought to be Masters of both Tables.  
No Prelate, no Prince, is a true Maxim of State, though much vilified and scoffed 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 Sceptre continue its Prerogative, or the People their Privileges?  
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 abridged and fettered, and the first file of Subjects triced 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 Polyarches; cousin-germans to Anarchy.  
I writ 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 Catholic 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 than 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, fight with shadows? if a Prelate be any way peccant, let him be dethroned and punished: if the Curates be tardy, if dumb or vicious, let them be chastised and Deprived: 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 sweetened 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 clipped and embased, for no Crime or Booty imaginable, but purely to humour Churlishness, and Avarice of Novelty: Learning will soon decline, the Monarchy whither; all Gradations of Honour fall in Contempt and Derision.  
Let me Adventure to advise noble Persons not to be entrapped with the Sirens 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 entomb 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: 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 wrapped in webs of Musk, crusted over with specious Disguises, and scented over strong (to catch the weak) with feigned Zeal: And no Sorcery so outrageous and hard to be expelled, as the venom of Sedition.  
It had been a proper sentence for Darius' Guard to have quered the strength of Sedition; but to have Bequeathed to Posterity the aculeate and aptest Receipt, 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' Cousin.   

Par. 14. flageolets of Faction Pipe dangerous for Princes.  
ILLUD possumus quod securè possumus: that's to be done, which is Consistent with safety: is a Cordial of State: and Majesty is not to be Decoyed 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 Coal, till they had blown up the Hierarchy, and so dethroned 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, hag 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: for who dares Disobey Sub poenâ of Trouble and Shame here, and hereafter lest the Key be turned 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 Mistress of the world, Truth; neither altars 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 marred 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 ordained, 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 dunghill Skip, Crow over Him: And become his Superior and Chancellor, in Church Censures.  
Lay-Eldering mere Lumber.  
Such Trash are their Lay-Elders, unfit to sit with the Hines of their Flock: a peerless Chancellorship, or modish Form; for blue Aprons, and every buffoon Pedestral, or high-shun Boor: to visit Nobles, and inspect Gentlemen; more narrowly than the severest Inquisition.  
Their Discipline Tyrannous.  
A sweet Religion for a Prince, to crouch to a Crop-eared Bramble: to be within the Lash of every Jack-straw, and snivelgut Changeling; not only to be sentenced, to the Lockerum or Cambric Penance: But to be unhorsed 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 vizard Mask, or dark Lantern: which would quickly be more detested and cried out on; then the Focage, or the peddling Brocage of Lombardstreet: Rising to a greater Timpany of Dishclout Bondage; then ever Athens, Rome, or even Egypt endured.  
Strandings Eschewable.  
Therefore Princes had need beware of these Quicksands: and the worthy take Heed, they halter not themselves: And whet a Knife, to cut the Thread of their own Honour; Ducking to the Dagons of Sedition, will inevitably do the Work.    

SECT. III.  

Par. 17. Tidling overfond 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 horse-loads, is most unsufferable.  
Admitting a Tenderness indeed, with some brainsick Professor: '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 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 Bagpipe; in Tolerating his Folly.  
All's whiteness and sanctimony no Offensiveness offered.  
But what stumbling Blocks offend the Cripples? The Road, as even and easy, as if Paved with Ice, or strowed with Dowl: more fragrant than Perfumes of Myrrh.  
Pulers to be tutored 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 Ruin, 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 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 Reduced by Force: but by the Spiritual Militia, on precarious Terms, with flying Colours: leaving it still, to bask in its own Frenzy; 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 ruled; 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 Apostasy in his Heart; and not stop his Career? 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 Punished, and aught to be with us, with an harder Penance, than Sandals, or an hair Shirt.  
Righteousness mistaken.  
Thus if the Church enjoin Vnique Consort in Divine Worship: a wriggling Conscience (to live lewdly at his own Rate) chaps 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 Abandoned: the very Bible burnt and the Alcoran professed; to tiddle every Crack-brained Dissembler, every snivelling Tony: otherwise to be Branded with Tyranny and Persecution.   

Par. 19 The wildish Pretender possessed with waspish Rudeness; scourgable by Law.  
I'M inclined to Piteousness and Civil Quarter: but if the Hold of Blasphemy, may not be Assailed, 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, enjoined universal Worship to the God of Shadrack and his Comartyrs, Sub-poena Capitis, on Pain of Death. Unto daniel's God, was Ascribed the like Devotion.   

Par. 20. Blasphemy Brandable by the Civil Law Capital.  
BY the Common Law, the Blasphemer is Infamous, and therefore grievously marked; with a Print of Horror: By the Civil Law He's punished with ultimum supplicium, even Death: the executing Hand (according to the Father) is sanctified by the Blow.  
Vagrancy from the settled Church: in Law, Partial Apostasy.  
By some Books, I find wander from their Habit, or Order of Religion; to be Revoltings, or legally Apostasies: And that the Law, hath Provided, a special Capias to restrain such Gadding 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 Burr to the Soul, or truly nauseous to the Judgement; Passiveness must be the Cure, and ultimate Appeal.  
Unity in Religion Inforcible in Conscience.  
It cannot be Denied, by any Civil 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, Adjudged 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 Discharged.  
2. Whether the Curator be Released: 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 sense, quadrare or readily Assent, in case of Infancy: As in an Executor, if Payment be actually Proved, 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 Controversy 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 discovered; being done by Power of Law.  
At Common Law, I agree the Guardian would hardly be Acquitted; though with the Privity and Entreaty of the Infant: if a waste were Committed. But if by Order or Act of Law, I conceive the Laches were purged; and he totally Indemnified, because Act of Law, Can do no Wrong: And in that Case, the Law is bound to protect Him.  
Religion unalterable. Prince's must keep to Unity.  
This strongly proves, that the Magistrate is still obliged (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 Absolved; 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 Villainy: 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.  
2. By the 11. Jac. Consent will not free the Mangler or Maimer; from being sound Fined, and otherways well ordered: for his Rascalness, in Mangling the King's Subject: for  
Instance.  
C. kills D. with his Consent, and upon his Entreaty 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 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, enjoins subjection, not only for Wrath, but for Conscience.    

SECT. iv  

Par. 24. To pride ourselves sager than Law: Is both vain and unmannerly.  
'TIS a Maxim with Lawyers, that none ought to plume Himself wiser than the Law: with sober Heads Oracle-like, being Unquestionable: many Acts of Law (as common Assurances of the Realm) are sagely to be Agreed; and not finically Pried into by peevish Eyes: The like Compliance is to be Rendered, in Church Discipline, if once settled 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 easy 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 Edged Tools, Deity hath a large stride to take off Scoffers at a Distance: And haughty Saints are sooner snapped, by the black Tempter; than poor Frierly or  ones, pallisadoed with Humility: which like Rampires of Fire, will shield them, against the sharpest Conflict.  
Spiritual Trivanting Censurable.  
By Martial Law, every slide is a Crime in a Soldier; contrary to express Command, or Common Discipline: the like by the Law Canon, Behaviour besides the Church Rules is scandalous; Enquirable by the Censures of the Ordinary: Emansion or Military Loitering, is often sentenced to the Wooden Horse, or to run the Gauntlet: 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 framed 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 men's 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 received to stultify or Disable Himself: that is, to play fast and lose, to nullify 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 performed; this binds not: or delivered triflingly, it invalidates not the Act: in both Cases, the Deed absolute; otherwise Deliveries by the speechless, would signify 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 Manor of Dale; Provided it shall not bind his Person: And in truth the Grantor has no such Manor; however the Grant good, and the Proviso void: for by the Maxim, 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 devices to Caius twenty pound, out of such a Coffer, or Closet in such a place: And in truth, there's neither Money, 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 void, if in any Congruity of Reason, it may stand good.  
As in an obligation, solvened 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 Diversely: 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 veil Bonnet to Reality.  
To explain this by a Case.  
If J. N infeoff 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 impeached, but hold forcible and good against the Maker: And if not Holdable by Intireties, the Law will Marshal it, 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 one's 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 than Imprudent; frivolous in Law and Equity.  
To Exemplify this by Troynovants Case.  
If A. owner of a Toft, or demolished Message in Cheapside; Converted into Ashes, by the late Fire: let a Lease Indented, for a Century or miliary of years, of this Land to B. ex mero Jocu, jocosely out of a Frolic and Disport only: without any Terms to Rebuild, after the prescribed Form, rendering 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 Divulged, by open Publication.  
A Charter (in Judgement of Law) is no more, than a fair Copy, of the minds of the Contractors: to prevent mistake and strife, Recorded into Paper or Parchment: when Executed, that is, sealed and Delivered, made Authentic; baptised a Deed: which is a private Law between the Parties. So the Public Charter, the Statute; in Construction of State, is no more than the Resolves of the Supreme, declared in Print: to which every Subject breathing, within or without the King's Dominions (though never Proclaimed) is bound to give Obedience: for if a Law be Proclaimed, '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 unsettled 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 overlook his Pecora Campi or grazing Creatures; without being bid stand: Pot and Pipe on his smoky Hearth, and chat blind Stories of the old Wives of Windson, Guy, and Colbrond: And his Brother Swain, requite him with the like Stultery, of Bevis and St. George: And Ethically like the tattlings of Busy Bodies, or Bicker of Shrews; go for a Gossips 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 Brawling; of the High-Plyers, or better sort of Rustics: and the sparks of all other Conditions, shall never Contradict it.  
For Example.  
If two Conservators, or justices 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 judgement: the Parties are for ever estoped, and without Remedy.  
I learn by Hildebrands Case, that what passes during the Term; 'tis in the Justice's 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 controlment.  
Wilful Blotting a Record, Capital.  
Writings may be blurred, and Deeds defaced and cancelled; 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 enrolment or Record, is a Memorial of that Commanding Veneration and Verity: that if Pleaded null tell Record, it shall be Tried only by itself, being Incontroublable: otherwise there would be no result of Argument, and Controversy endless.  
Now a Statute is the Highest Record; against whom there's no Prescribing, nor Alleging 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 Worthies: 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; but De gravioribus & discretioribus viris, the Eagles of the Country; with Les Communes sont assentes: thus strictly Refined, by Grave Traverses and Forms of State; and lastly Completed, with Le Roy le Voet, the Royal Assent: should savour of Madrid or Algiers?  
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 Pretention, 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 Complete the Tortiousness of the Lessee: yet done of his own Accord, the 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 Ruin.  
I wonder now, with what Confidence, Les Misfesants, the Affronters of Authority dare too't 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 unsettled, as the Vivary of Faction: in struggling against Law, to reduce this famous Empire, this Angleland, to a Green Apron Government.    

Section V.  

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 Admired in times past, by the Romans, Saxons, Danes, and Normans: And still Venerable with the World of Learning.  
The usual Reproaching against the Law.  
1. 'Tis tatled by Cavillers, the Law being the Clock that we must go by; aught to be more Legible and Plain, to the Vulgar: not couched so Darkly, in mere Gibberish or Pedlars French; understood by few but Lawyers. Neither is this Fault alone found by them, but Complained on likewise (as an Abuse) by one, Learned in the Profession.  
2. Secondly, if the Law, be Radiant Reason, streaming pure Excellency; why vizarded 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, aught to be Intelligible by All.  
3. Besides, 'tis too Prolix and tedious in Form; the Plead 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 Allowed, to arrest the Judgement; and vacate all Proceed.  
5. If we shoot this Gulf, and get Judgement, marking the Roll for Error, will supersede it: And then we must begin again, so that there's no End of Law.  
6. If for Testamentary, Matrimonial, or Seafaring matters; we Repair (according to Custom) to Doctor's Commons: we must Expect Rubs too, the Checks of Prohibitions: so that with the Advice, of the ablest Sternsman, the Law is Shelves 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 Horns 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 Wise 'tis thought the better, to prevent suits: for small knowledge would set the Vulgar a Gigg, and fill the Courts with mere Brabbles: If they Doubt, let them down with their Dust, to the Noble Lawyers, they'll soon Resolve them.  
Divinity is much in the Mother Tongue, with Astrology and other Arts; but who's the abler Divine, or better ginger? if Coverted in Characters, uncipherable by none, but the Learned; 'twere the Better.  
The Law not Blindfolded, but visible to Discerning Judgements.  
2. That the Law is Lovely; and out of Dispute a Paragon: but Hooded too close, and not Discernible 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 supplied, by words aequipollent, or that tantamount, to the same sense and force: though in many other Cases it hold good.  
For Example.  
A. voluntarity without any Provocation or Abuse offered, 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 overhasty Inspection: And might Endanger the whole Firmament of Law.  
Plead Graceful and most Necessary.  
3. For Pleading, if mere Fiddling and nugation; strange the Ingenium sine Exemplo Maximum, or Advocate Laureate at Common Law; should Counsel the Student, to set his Courage chief; 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 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 Judgement is Capiatur; for which the Pleadant shall be Fined and Imprisoned. But if Conscious of his Error, He waive his Plea; He shall only be in Misericordia, or Amerced.  
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 Judgement, from one single Point: which would render Causes, vexatious and Endless.  
The benefit of Pleading: The Right Apparanted.  
Many chance Cases happen, which primâ fancy seem Rugged and Knotty; but thrown into Form and legal Method, 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, Prattling, 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, Plead arrived to a Compleatness; neither Limping nor Picked: Counts were not Abateable, if the matter or Cause of Action were fully Declared: And now nice Janglings, with all Ambushments pur Engineer; 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 show: so that Plead at present, are not Prevarications or gingling quiddities; mere 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 of Trouble, and save many sweet Pounds in the Client's Purse.  
4. By Arrest of Judgements, many are thereby Dismissed from being oppressed: the Circumstance of Fact by Error in Pleading, more clearly Arising; and Justice more safely and speedily Administered.  
5. For a Writ of Error; which is no more than a Commission, to discuss and reverse Mistakes; I see no mischief thereby: for the Manucaptors must stare Juri, that is, satisfy the Condemnation, if the Judgement be Affirmed: neither will the Principal, rendering his Body, answer the Law, without Satisfaction; as in other Cases.  
6. The Inhibitions so much Exclaimed on, and voted obstructive: by heady weak Judgements; the Law is therein Defamed, 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 crushed to pieces: on good Cause showed that the Court has been misinformed; a Consultation by the 24 E. 1. is granted on Course, and the Cause Remanded, to its proper Court.    

SECT. VI  

Par. 31. Complain against Equity.  
ADmitting the Common Law, the Son and Heir apparent of Reason; pretty Just and of easy 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, Tossed from Pillar to Post; from Report to Exceptions: Till our Pockets are turned outwards, and at last Drowned; for want of white Earth to wade through.  
For a Cause to be Depending, several Revolutions of Mercury; 3 or 4 Prenticeships is frequent: 'Tis better to put up an Injury, and throw our Right down Thames, 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 assuaging 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 Goliath 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 Law, savouring of Freehold; 'tis Prohibitible: by Hussey Chief Justice, should Equity venture, to sheak a Judgement: And Fleet the Parties for Contempt, a Court of Law, will discharge them. But in some special Cases 'tis held Unlimitable.  
La 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 Firstborn 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 mixed nature I Agree it, and so Conscience may come into the Chorus, and sit by Equity in some Cases; to allay and suage 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 King's 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 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 myself 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 measured by Conscience: If Enacted it must be obeyed.   

Par. 33. More clamorous Censures and Lowing 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 Endured. The Consequences are so vulgar and easily to be Conjectured, that I need not Englarge on so obvious a Truth.  
1. Were the Proceed shortened; and the Flippancy of Motions, to multiply order upon order, and Report upon Report; with other out-slips, Revised and Amended: the Court would be abundantly Honoured, and the oppressed much Rejoiced and Repaired.  
2. A peremptory Time should be Assigned 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 charged: And to be Reimbursed of the Complainer, if unjustly vexed: And therefore Shifting by Buying of Attachments, and Dallying with the Court; implies clearly Gild: 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, Judgement on nient Dedire, or by Default on Course is Ruled against Him. Which proves as Forcible, as if obtained on full Evidence.  
Nay in Criminal Concerns, if the Party Encouped or Arraigned; stand mute and refuse to Plead: He's usually sentenced to Peine fort and Dure, or Pressed to Death. A grievous Punishment, which certainly none but the Mescrue or Desperate in Gild, 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 suffered, to move for Commission upon Commission, and Examining upon Examining: 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, Sergeants 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 showed, to induce the Court, to Enlarge the Time.  
6. Sequestrations may be necessary, in case of Disobediences to Decrees: But what need of tedious Proceed; which are mighty Expensive and Dilatory: and in effect a kind of negation or Denial 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.    

SECT. VII.  

Paragraph 34. The supposed Deformities and very Freckles of the Common Law: Inspected and washed off.  
IF the 25 E. 3.17. were Review'd; and the Common Law reduced, to its old Constitution, of Summons, Attachment and Distress Infinite: according to Magna Charta, nullus liber Homo Capiatur, the Law would be eased of many Exclaiming: and the Tout le Commune, or poor Subject much enlarged 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 man's Person, and a sorry Debt. 'Tis true, no Fault can be Assigned 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 abused: the Law Designing the Body to Custody, only as a Pledge, to avoid Fraud: that if no Estate can be Retrieved, than the Body to be Dismissed: for so I find by the Perusal of several Records: more expressly in 14 E. 3. Rot. 106. where the Debtor being long Imprisoned, 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 Adjudged unfit, to undergo Paenam Carceralem, or immuring Hardships: the like Rule was Pronounced, 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 Judgement for Debt or Damages, gave only a levari facias: 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 tiler, 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 excused: if the Law can be served 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 the Law has not its End, which is Payment of the Debt; or satisfaction.  
The Administrator Released, if the Party die in Execution.  
I find by a latter Judgement, 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 than 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 Punishment for Debt; by our Saviour's Utmost Farthing.  
I Agree such servitude was Connived 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 satisfy.  
Unconscionable to Pen up the Body: If unable to Pay.  
To speak Candidly without Mincing or Daubing, 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 Removed, 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 disadvantageous to Trade.  
Truly not: 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 than they would be wary, whom they Trust; and call for their Deuce 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 man, that neither He, nor his Parents had sinned; only to show the Pleasure of the Almighty.  
The like in many men's slenderness of Estate, God is pleased 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 noisome 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 mere Rooks, that riotously Disable themselves: or those that Conceal their Estates, and out of sharking Corrupt Principles, will not satisfy: 'Tis no matter if their Bodies suffer, and be Exposed to shame; as spectacles of wickedness.  
Better set them at large to work: then keep them as sots.  
'Tis Conceived more Advantageous for the Common Good; they were Employed, either at Home or elsewhere: under an Assurance of such services duly Performed; of an Enlargement: which would create in them a future Honesty, in making them wary; how they inwraped themselves, in the like Bondage.   

Par. 40. Suretyship 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 Jointly 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 forced to Discharge the whole: though they never shared 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 leave them in the lurch. The Obligee is out of Purse, and had not others Engaged, would not have lent at all; and so does no wrong.  
Gentle usage due to Sureties.  
The Civil Law is very Gentlemanlike, 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 Returned, 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 unconcerned, 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 Privileged from this ill-favoured snapping 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 satisfy; without Attaching the Person.  
The Commonalty blamed, 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 Enslaved; when the Law, Proclaimed them Free.   

Par. 42. Reasons why the Body should not be Distrained.  
1. IN Nature, Consequently in Judgement of Law, nothing is Distrainable but what can satisfy: now nothing can satisfy, but what's Marketable and of value; and that must be an Estate either in 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 enable Him, to afford Satisfaction in Part: and some Bread better than 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 snapped upon an Utlawry, and put to a great and unnecessary charge, to Reverse it: when if forborn, He might perchance, satisfy 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 to turn Himself in, the better to enable 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 Inhuman, 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 than Brawls and Batteries, oftimes Effusion of Blood. A very unchristian thing, and aught to be Redressed.  
2. The Debtor is frighted, and debarred 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 Enticed to Trust, and so handsmooth help many Swillers, and Swaggerers out of their Estates.  
4. It Creates spendthrifts, Knowing their Lavishness may be Pomped up: They're more Allured to Rooking, and so never mind to check their Run out: which doth occasion many men's Ruin, and the overthrow of great Families.  
5. I could wish there were no Cause, for the Law to use these Pinch: for Running on Tickleman proves but ugly shifting and Ruffianlike; 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 Usurers and Fetterers.  
The Dolefulness unravelled.  
6. The Truth is, the Confidor or trusting Dealer, is but smothered in his own Feathers: for to pack off his Wares at any Rate, He readily Books the lose Gallant; beyond the Reach of his Purse: And if his Fortune fall short, than He Curses his Confidence, and in wrath takes out a Capias for his Carcase, to piece it out: And this pays as much as Throwing his Cap against the Sky: 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'll even Attach a Corpse: and if the Attacher be not Compounded with, continue the Attachee above Ground; to the shame of Christianity, and Poisoning 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 Jealousy, inter their Friends skulkingly like Dogs? whose Bodies when living were the Temples of the Holy Ghost: for fear forsooth of Arresting the Hearse.  
A Corpse 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 Corpse or liveless Corpse 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 aforementioned Cases, but Lex non praecepit vana & inutilia.  
1. The Law doth never Enjoin 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 Carcase or Frame of Dust and Ashes: so that after the Dissolution, naturally 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 Judgement 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 shamed and Abused, through Ideocy and Malice.   

Par. 45. Not molestable by every Parochian Demander of Dues, besides Law.  
ANother Exorbitancy is likewise as frequent and Conjectured for Law by the Clergy: to stop the Corpse, if Travailing through their Parish, offering to inter it, or pay Duties.  
A brave custom to enforce a man, to be Buried where some please: or to satisfy their simple Avarice: They had as Good, and quite as Reasonable; Prescribe to draw their Testaments, and Carve to themselves, like the Friars 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 Cornwall, in Cumberland, or the remotest Part in Wales: let any modest Person Compute, what an easy Charge it will amount unto; happily the Defunct, Dying but small in Estate, or worse than nothing: If every Parish must be satisfied, merely for passing through.  
A sweet nonsencestical Custom, and against Law: and so I find it Adjudged 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 than a grand Trespasser; and cannot scape unpunished: 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.  
2. In the Court Christian, pro Reformatione morum, by Ecclesiastical Censures, the Law of Christ, will not suffer such impious Assaults, to go unpunished.  
3. By Indictment at Common Law, at the King's suit: for Debarring his Subject, the Common Benefit, of the Law of Nature.    

Par. 46. The Duties we own unto the Dead are chief three.  
Sepulture a natural Debt.  
1. FUneralia; decent Interment, 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 avoidable to pray the same. Therefore Administration by a Stranger for the Sepulture is Allowed by Law.  
This moral Courtesy was taught from Heaven, which induced our Ancestors to Erect their peculiar Sepulchers, for themselves and Family. Therefore an undecent Funeral, or any rude and freekish Directions, tending thereunto: like unto that of the Stoical Vaunter  
Sepelit natura Relictos,  
Are Inhuman 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.  

Two Questions.  
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.   
Resolved.  
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 Rites are called Justa, because Due by the free unwritten Justice of Nature, or Law of Civility.  
2. To the second, That the Condition was more than Windy: if the Testator in true senses very wicked, most Absurd, and so void: However the Estate Completely Holdable, in Law and Conscience.  
The Ground Hallowed by Funeral Obsequies.  
Burial is so highly Indulged, and strictly observed by the Canon Law: That the very Place, where an humane Body or Head is interred; is instantly Consecrated and adopted Religious: And for the future, rendered 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 Stay; without Reverence or Devotion.  
Pompous Interring I agree is undecent, because vain and often overchargeable: many times obtruding a Fast on the poor Creditor, for other People's Feast.  
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; merely for Discourse sake, to defame the Absents without Cause: unless we are particularly Consulted with in Private or Public, to give an Account of any man's 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 Candid and Cast.  
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 deuce, 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 Remembered, 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 inter 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 Deathbed willed with a very passionate Desire that his Works might be burnt.  

Two Questions.  
1. Whether the Devise not void; because Injurious to public Interest; and the Advance of Learning.  
2. Admitting it good: whether private Request, should be preferred before the Common Good, or General Advantage.   
Resolved.  
1. That the Devise may be Conceived 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 Bibbed, to talk of Propriety. If so, why Published against the Vote and Direction of the Devisor.  
2. Every one is best skilled to take measure of Himself: And what Judges 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 Conceived by others.  
Therefore I cannot but Applaud, the Judgement of the Emperor: 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 Esteemed 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 Picked out.  
As by a Case.  
A. devices all that he hath to B. to do with it, at his will and Pleasure.  

Three Points.  
1. Whether a good Devise, because not so legally Amplified; according to the usual Form.  
2. Whether Lands and Tenements, as well as Chattels do pass: for want of apt words.  
3. What Interest passes; whether an Inheritance Absolute, or modal and Qualified.   
Resolved.  
1. In other Conveyances, Demur might be made what Right passed: 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 passed 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 Published Animo Testandi, and so void.  
1. The Devisor shall be Presumed, to lie in Extremis, and likewise Inops Consilii, altogether destitute of Counsel: And so Disabled, to give in that Exactness of Form: 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 Writ 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 Relieved, and the Law Explained.  
And likewise that the Unchristian Abuses, of Disturbing the Dead; unless sentenced to Infamy by Law, may be Redressed: whose Bodies when Alive, were the Receptacles of Gods Holy Spirit.    

SECT. VIII.  

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 tentered the prime Wits of all Ages, in Polishing and Trimming: that 'tis now a little Decayed, or at all out of Fashion; needing a new Whamp, or even an underlay, is not Possible: Examine the Law-Books, they'll Endure the severest Test; some sneaked out in Rude Times to prop up broken Printers; may be flat and sapless: But the licenced ones, the old Vouchers; Codes gravely learned and Philosophical. The meanest may well be Read, by the Wisest; being altogether Weedless.  
The Uprightness of the Law.  
The Common Pleas of Meum and Tuum, or Commutative Justice; are so Plain and Indifferent, with a Saunce Regard de nulluy, that hardly any Judgement 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 called, in order to their Deliverance: Therefore Deserving better Language, than some clamorous Aspersers; are pleased 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 jury accordingly.   

Par. 49. Law the Pandect of Perfection.  
IN fine, without Playing the Panegyric, 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 summoned 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 Essoined or excused from the Penalty of the Default, and a longer Day granted Him.  
And if an Essoin be once cast, no ne Recipiatur can be entered, 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 Courtesy; of a Rent, though 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 Courtesy.  
Reviver of the Courtesy.  
A. marries B. an Heiress, and hath Issue: and afterwards commits Treason or Felony, and be thereof Attainted; but pardoned: yet the courtesy is lost. If he chance to have any Issue after the Pardon, such is the suavity of the Law to the Coverture: the Privilege is Revived.  
If the Dowress encroach, and hold more than 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 Admeasured. 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 Assumed any Considerable Return. But if one bid another, Heal such a Wound, or Repair such an Highway: Admitting both Contracts made, without any Promised Recompense: 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 maintain an Action of Trespass: But if he grant the Profits of such Manor 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 mystical Beauty. For had not the Law, been as secure for the Subject, as safe for the Sovereign: There's no Doubt (as hath been observed) but those several Revolutions of Conquerors; with the late fiddling Usurpers, that ever had an Aching Tooth at the Law, would assuredly have altered it: If not wholly laid it aside, and Introduced their own. Which is a satisfaction very full to any Civil Judgement; of its Gravity and sufficiency: That 'tis truly Excellent, and beyond compare.    

SECT. IX.  

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 Poorer, in all Polemical Learning, Discovering little: but by the smattering that I have of that Noble Science; I cannot but deem it Imperial: well suiting with the Flavour, or goldy Locks of Monarchy.  
Why necessary.  
Neither is the Regency Municipal, Completed with Law; without Ecclesiastical and Civil Law Courts: without their Company a Decay of Justice and Feebleness in the Crown, would ensue: for Causes merely Spiritual, are exempted from Westminster-Hall.  
All Contracts and quarrels, made superaltum Mare on the Ocean; append' a loy d'oleron, belong to the Admiralty: An Ennoblement to the Crown, to be served 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 Churchyard: '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 Ecclesiastic Courts at all Encroachers: any new Crept up Jurisdictions, but as Fundamental and Ancient as Justice itself: for we read, that Jehosaphat, in his visiting of Judah; to redress many Enormities, in Church and Commonwealth, ordained 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 called Ordinary.  
Hence it is that the Law, most Emphatically styles the Bishop Ordinary: Because the great Minister of Decency or Judge of Order, in Ecclesiastical Affairs.  
These distinct Consistories are likewise Assised and Ascertained, by our Saviour's 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 confined 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 money, 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 killed 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 Proceed are by Witnesses or Combat.  
Piracy, 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 Complete 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 Paid are some of both Professions, for their spiteful Declaiming and snapping 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 byword and Wake of Mirth with the Sisterhood. I wish from my soul for their own sakes, they would give over Tattling against Law, and Pecking against Majesty.    

SECT. X.  

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 Practised, and some Colourable Reasons may be Rendered: And the Practise not so Perilous, because no Judges of Record: though I fear the Law will hardly justify it.  
Infancy a Conceived Disablement.  
1. In Common sense and Reason, can it be Imagined, that an Infant that cannot govern himself; being so Adjudged 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 deemed unfit to try, a private Cause; the Law can never be so weak, as to adjudge him sufficient, for the Exitus Reipublicae, or public Issue of the whole Nation: therefore we may invincibly Conclude him, non-Eligible, because unserviceable.   

Par. 57 Every Member a National Agent.  
'TWill be Replied, having a free Choice; they may send whom they please: if their Grievances are lamely Represented, or their Interest sorrily managed: 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 venturous undertaker, without Language or Experience: there being no thoughts but the business must miscarry.  
Much more if of Public 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 Returned 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 Accomplished, according to the Summons: he's unduly Elected and Rejectible.   

Par. 58. Mis-elections occasioned, 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 public 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 Civilest 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, 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 Vainglory, 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 public 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, that prefer Masking and Bibbing, before the Discharge of their Office: Being sent to supervise, that Ascanius live safe, and Coridon at Heart's 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 Staunch Senate.   

Par. 61. The Qualification. Non-Resiancy Dubitable.  
IN Result of Law, the Elected are the Chief Visitours of State: and therefore aught to be Qualified, as the 14 H. 8. describes some Professors, Grave and sadmen, well Experienced 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; Rendering the Candidate unqualified: and so uncapable to be Elected.   

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 presumed 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 aught 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 Choosers ought likewise to be Residents. From this also another Query arises.  
3. Whether any but the Constant Inhabitants may Choose: Because they're Adjudged to be best Knowing, to instruct their Referees.  
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 reverend Speeches, without the least spice of Sedition, against Settlements: or any by-Dartings on the Mien or Movings of any Member: which is Disgraceable by the Bar. Clashing being a mighty Dishonour, that the public 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 show Rhetoric, to be blown up for Orators; to lose the matter. Therefore plain and sincere Delivery most Pithy and Grave; best befitting so great an Assembly.  
Strains of Wit, often rambles into more than Quibbling 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 thoroughly digest it in themselves,  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, enlarged 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 public Concerns: otherwise the Election to be void, and the Elisors or Choosers, well mulcted for their Partiality and Bribing. Co-peers or grave Endowments, would be elected, and the Nation well served.  
Neither will the limiting the choice, to an hundred Pounds; with the Excluding of Missive-Labourings and foolish Toping: 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 Perused and Considered. But unless this Excess of Tumulting and Entertaining be Redressed: He that will pamper Folly highest, though he run in Debt for his Feather; shall be Elected: And the Subnobles or well ballasted Gentlemen, passed by; as useless shrubs. More might be said of this Point, but without Artemons' Buckler, a busy Espyal may occasion Trouble.   

Par. 62. Their Rights Maintained.  
FOR their Privilege, being wholly Exempt from an Attachias or Common Arrest at the suit of a ' Subject: liable only ad sectam Regis, at the Pleas of 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 Public might be at an Hazzard: and 'tis fit (according to the Maxim of Artificial Reason) that, Private ones should suffer, than the whole be Endamaged.  
This Privilege no Entail, or perpetual Exemption: only Temporary, while they're embusied about Affairs of the first Magnitude: which by Trewinnards Case, is founded on Prescription: And in Law, Every 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 suit, during the Session: therefore no mischief. And there's no Law Enforces People, to book or bond privileged 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 public Ministers, or the Lower Nobles, as the 35 of E. 1. styles them, should enjoy all accommodable Rights, according to the Rule of Law, Cedant Privata Publicis, Privates must dispense with Wrenches, and Falls too, for the general Interest: therefore the Speaker (after his Compliment of Disabling) in his Oration to the Sovereign: more eminently pitches on four Petitions.  

1. For Freedom of Speech. 2. That all Privileges 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 Privileged.  
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 lose 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 Convened them, or the Orders of his own House: He's usually punished with more than Kneeling, happily Towered for his Pains. The one being never called, 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 launched from Heaven, will be put to no small Trumpets, to Win the 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 Judgement and other Misdemeanours was voted out, and another chosen in his Place: for Laws ought to be Coined by the Wisest; otherwise we may be Edicted to hard obedience, nay impossible.  
If Flusterers (through the Bribings of strong Bub) will hoot in Ciphers; Contrary to Law, and Design of State: the Roll never quite foul and Blotted. Figures enough are still sent to cast up the Ardua Negotia, or Popular Grieving. All merit Knightly, in this great Inquisition for their Pains of Voting and Attendance.  
These Wide-mouth and Wooden Objections at present are Absurd; and may be well thrown over the Horse Main; being as impertinent as the King that scourged the Hellespont: for by their Actings, I find naught but Gravity and Wisdom: And therefore to be Embraced with Bonfires of Joy, for so Picked 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 performed) to denominate it a Parliament.  

1. No Meeting on their own Heads, without a lawful Citation: being summoned 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 Returned.  
4. The two Houses meet at the Day, set in the Writ: with the Appearance of his Majesty, or his Chancellor; (if in Remotis) to signify 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 Complete Parliament; yet in Law without, some Act passed, strictly 'tis no Parliament, only a Convention: And so several times Agreed by all the Judges of England.  
I confess this is no small Nicety: for in Law, in case of an Arbitrement, if once a Controversy 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 aver 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 fence 'tis good enough, to allege 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 Judgement given in B. R. was reversed, but no Statude made, yet Adjuged 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: at most, the one but the Prince's Advisers, the other the People's 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 Authorised, to mangle Settlements, or dispute with Princes.   

Par. 68 Their Privileges not Disputable.  
BY Thorps' Case, the Privileges of these High Counsellors, are not to be touched on: much less to be described or determined. To busy 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 Privilege not Releasable, Transferrable, nor Extinguishable.  
I Conceive the Privilege neither suspendible nor Abateable, by any private nor even judicial Act, of the Person Privileged: without notorious Breach of Trust; and the Peril too of the Public safety.  
Neither can this admit of any Curiosity or wonder, when his Condition is throughly viewed, and in what capacity he moved.  
The capacity being public: so not to be quitted, on a personal Account, or Privacy of Design: And therefore if weary of his Procuratorship, He ought to signify 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 Assign: because chosen and Trusted by others, Moving in altar Droit; and so not Master of himself, to Assign or transfer the public Deligacy or Trust to others.  
Trusts not Delegable.  
To illustrate this more plainly by the Common Practice: If A. be entrusted 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, than what they can well perform, if the Clients receive loss, 'tis Remediable by Action: so they're Confined to Mediocrity, though they usually moil themselves, over shoes and Boots, and engross more than they can well grasp.  
Much stronger in the Parliamentary undertaking; there's no Remedy over, if any, the Damage may be so Immense: that 'tis Impossible for a single fortune, to satisfy: therefore on necessity, the Privilege not Quittable: otherwise the Public shall be in a worse Condition, than 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 Privilege was Halted at: though He affirmed very positively a surprise, being fain to attend public 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 Privilege was wayved: 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 Hindrance as publicly Damageable.  
Neither can Consent in Adjournment, though a vacancy from the public Employ, quit the Privilege: because Demandable at the Royal Pleasure, before the time appointed.  
In Prorogations I agree the Privilege suspended: But that's by Act of Law, and a quasi Dissolution for the time: and so no Right violated, the Public at no Detriment or Danger.  
Should any be so easy in Relinquishing the Privilege, 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 Privilege better Preserved, then Exposed to suspension or Dispute.    

SECT. X.  

Par. 70. Captious Brabling against Courtiers.  
'TIS pretended that some Courtiers are very straight fingered; no Holy-water gratis on free-Cost; without some Pounds secured aforehand: And the Mediation costs more, than the Suit 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 Jigs have been danced, and thought no Breach of Trust or Honesty: only a Raillery of Wit, or small Court Frolic, to boast over a Bottle of Wine: but rarely, no Common Gallyard.  
Let not the Right Noble, Knit the Brow at these Carpings: Rail against Eminency, being the fifth Element, and Odes of Course with lose Tongues: for I know none Concerned, 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 the Presents that we bestow, for Doing of Courtesies; 'twere gross Clownship to style them Exactions or Bribes: only Civil Gratifications, and reciprocal Deuce, for Benefits received: 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 nest: And not share in the Concession.  
But to leave these little Slips; the by-Corants or corpse Compliments of some thin and hungry Stomaches: 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 Privileges, 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 badged, from the Common Crowd: no more indulged and Respected in Law, than a Ragman or a Tinker.  
2. In strictness of Right, 'tis but fit and suiting that great Service: for should Majesty be stripped of his Servants, without notice; by that Liberty, All by peace-meal, might be catched 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 Privileges; much more may the Head, all Privilege being the Indulgence of Majesty.   

Par. 73. To rectify 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 aught 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 Privileged, because the Courts will not be deprived 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 Household 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 Privilege clasped so fast, but by Address on good Cause, leave will be obtained, 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 Suit; and continue the Protection, without any offence to Justice.   

Par. 74. No suspension of Privilege.  
I Have known it, come in Debate in the great Hall; whether the Privilege out of waiting be then Prorogued or suspended; and the Person Attachable without leave: the Court was near divided, some couceiving no notice or leave requisite: Because then 'tis Holiday time with them; and no Attendance is expected. But the better opinion was clearly for the Privilege; nothing positively resolved, only that the Privilege of the Hostel Royal, was no Venice-Glass, dashable against the Walls: And to be broken, when every snuffey Confidence thought fit.  
Strangers why Privileged.  
On this Reason of State and Prerogative of Honour, are Ambassadors with their Retainers; exempted from a Capias: and Protectible by the Lord Chamberlain.  
In brief, if the Privilege fall out Inconvenient, let the Folly hang on the right Shoulders: for I know no Law, that enjoins the Complainants, to truck on Trust with Superiors.   

Par. 75. The Privilege not Dischargeable.  
'tIS generally, but very groundlessly conceived, that the Privilege, may be wayved and nulled too by judicial Consent: As by entering into a Judgement and the like? And then the Person is laid open, and may be Horsed up at will: the 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 Privilege, justifiable in Law or State.  
1. In Law. I conceive the Privilege, neither nullable, nor even wayvable; by an Act or Deed whatever: Being ossibus Affixa, as the Civilians speak, indelibly Affixed 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: 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 Superior, 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 Dispense with a Discharge, to incur an Inconvenience; without his Privity.  
2. A fine Comeliness in Honour, for the Servants to be snatched up: and the Prince to wait on himself.  
3. Once Sworn, 'tis Conceived; the Party can by no Devise, of his own Head; for self Ends: Relinquish, Discharge, or Forfeit his Attendance.  
4. That his Majesty may choose, to allow of any such Disabling: without his Knowledge and Assent.  
5. Both Punishable, for Attempting to disaccommodate his Majesty: by nulling, or indeed waving the Privilege.  
No way Dispriviledgable without Leave.  
A Fondness or rather Dotishness of Conceit strongly reigns with some, that Outlawry after Judgement will Attach a Courtier: Being then Judicially outed of all Aulical Indulgence, or indeed Protection of Law.  
This is Commonly Received for Law, and many times Practised too: but Communis Error, non facit Jus, is a Maxim in Law, and a Canon in Politics: And therefore Conceived 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 Privilege.  
Some may be over-noble, and easy, in giving leave: others too Importuning, in Requesting more, than Justice or Civility can possibly grant.  
'Tis thought they may still Protect the Servant, from being Impleaded for any Act, though voluntary and with Consent: because uncapable to Contract; and a third Person is mischiefed 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 disserved for another's Folly.   

Par. 76. The Sequel of Vulgar Oversights.  
THese mistakes, have begot a general Prejudice on Monarches: and some Greeks; in chief the Physicians Son, tumbling in muckey Republics have somewhat besmeared Monarchy: writing not only coldly, but depravedly thereof: perchance more out of Ignorance than Envy; because they knew no better: But it hath been found true enough, by woeful wring, 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 inclined to twinge the Purse, or wrench the Conscience; because not given to Faction and great Parties. In brief, the speediest Termination of Justice: and if Credit may be given to Scripture, the Pattern of Heaven: and therefore most universally received, by all Mankind.   

Par. 77. The Easiness of living under Princes.  
NEither can Monarchy be so Burdenous, and subject to Groan, as other species of Regency: if fierce and chargeable, 'tis safer to dread one Tiger than many: And less smoking the Purse, to feed one spendal then a Multitude. One or two Counsellors in Physic or Law, their Judgements mellowed by Experience, are more cheap and safe than many: Variety of opinions seldom unite, and do but retard the Cure.   

Par. 78. Prince's 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 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 perished with the Fanatic Worm: But the other is for ever succourless, because out of reach of Vicissitude; being swathed with Eternity.   

Par. 79. Supremacy Hereditary, more safe than Elective.  
'TIS stiffly 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 christian their own Child, and neglect the public Good.  
Secondly, if at ripe years, the Prince may prove a waster; and in Dandling his Affection, destroy the People: And therefore the Sceptre is best bestowed on the Sharpest Sword, or the Worthiest.   

Par. 80. A settled Monarchy; not Damageable by Infancy.  
THE Disputers against Election, may rejoin and Allege 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 gratify 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 practised, 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 Judgement at Law: therefore no Complete Monarch.  
That Judicial Acts, are not Countermandable, 'tis not for want of Omnipotency 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 King's Bench; because He is there Virtually, though not Presentially; therefore cannot be nonsuit, because not Demandable; in Judgement 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 judgment-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 rendered; Because in Judgement 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 Pronounced by them is tacitly Declared by him. And so to reverse or control, what is Decreed by Himself; were Absurd: and Acts of Justice more changeable than the Moon; no Body ever safe, and the Glory of England, the Law; more useless than scribbled Paper.  
I'm loath to let my Pen run, in Discussing this Point; a fit Theme 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.  
Dote against Prerogatives.  
Some baffling over-wise Mooters, Cankered with Schism; to Crop the Crown and beat the Sceptre into a Spade: talk much of mixed Empire, which in strictness of Law, is oppositum in objecto, mere 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 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 than the Subject.  
To make a gay show 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 appeared a mere Apparition or Nonentity of Sovereignty: the Subjects became more than Familiar, and somewhat Saucy; even leapt upon their King, and instead of obsequious Reverence; afforded him nought but Sleights and Revile.  
That Laws are framed 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. The prosperity of the Subject, being the best Revenue, and Glory of the Sovereign.  
The Primitive Lawgivers.  
Originally Princes stamped Laws themselves, and altered them at Will; for the best Avail of State: there's no saying to a Prince, quare Ita facis, what dost thou? being the Auditor alone of Heaven, and so needless of the Allocations, or poor Pidling of Earth.  
Sovereignty Defined.  
This Jus Regium, or Right of the Sceptre, called Prerogative; is a large Field: and according to the word, a Privilege of the mightiest Amplitude: its Bounds and Extents, best proved 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 sweetened with the Cadencies of Justice, to wit, the Goodliness of Aristocracy, and the Frankness of Democracy: Being in all things directed by 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 magnify and admire our own mercies, and ascribe the praise unto Deity: for none under the Sun, by the 45 E. 3. c. 4. the Talleg. non Concedend. are endowed with that Freedom and safety like unto us: Prerogative and Parliament keeping an equal Pace, going Hand in Hand (according to Fundamentals) they cannot Err:  
Prerogative no Cormorant in Swallowing another's Right.  
As by a Case.  
By the 1. H. 7. all Liberties, Preeminences, and Regal Franchises, were given to Him in Tail generally: without any Limitation or special saving.  
Whereupon a great Question arose, Whether inferior Franchises and private Liberties were not likewise transmitted to the King?  
Adjudged, Per tout le Coife d' Angleterre, by all the Judges, that every private Right was impliedly saved, by Proviso of Law, though not particularly excepted: for that Prerogative can be no wrong Doer.  
For Example.  
The Estate and Persons of Idiots and Lunatics 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 returned Filled, the Presentee must certainly Expect the Bowstring, or an harder Cruelty. Thus elsewhere Ruling is Lording, manuforti by Force; will is Law, and Tyranny Freedom: the Prince when most Bountiful but a Pharaoh, 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 shouldered down, though they perish in the Fall.    

SECT. XI.  

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 bond up by the Ligaments of order? And if the Domestics will turn Ribaws, Ruffians, and Damn Boys; slight 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 public Family; if the Erraticks (in Contempt of Mastership) will not lower, and bow to the spiritual Form: not Dictated by the State-Master, the King; not Enacted by the Church: But afeard and pronounced 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 slain or impair the Doctrinals.  
Law-maxims the Quintessence of Reason and unquestionable.  
By our learned Masters of the Common Law, 'tis not required to assign an Answer; why the Maxims were first ordained, and admitted as the Pillars of the Law, and the Resolves of Reason: that may not be impeached nor impugned, by brainless Searchers; that will pick Holes, in a seamless Coat: But ever owned with silence and veneration; as the  Results of Science Teste seipso, Magisterially as Authorities of themselves; though not provable by Argument, or ocular Conviction: being Compounded beyond logical Touch, or mathematical Demonstration; Infallible by the Allowance of the Exquisitest Advise. In brief, of the same Powerfulness and strength in Law as Statutes; therefore Triable alone, whether Maxims or no, by the Judges; and not per Pais, by the Judgement of twelve men.  
For Example.  
A. hath issue two Sons by several ventures, B. and D. B. purchases green Acre, and dies without Issue: D. shall never succeed as Heir, being barred by a Maxim or Principle in Law.  

An harder case, with the Clamorous, near a Kin to Barbarity.  
Father and Son: and the Son acquires Lands in fee, and dies Brotherless, Sisterless, and Issueless 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 uncle.  
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, Uncle 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 poor into a Millstone; 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 preferred before the nearest, proximity of Blood: in the last, why the Father shall take as Heir, and not in the second case: more than 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 Postulatas or Principles of the Law, the Maxims; are received as Law, and do no way batter Reason, nor assault the Rule Divine: the like may be applied, to outward Governance in the Church; the Discipline as well as the Doctrine being fashioned after the soberest Dress of Morality; and equipped by the Word of God, aught to live in Peace, from sour and bubble Disputes: unless with wayward natures we must take a Pride in chopping: Counting it the Supremest of Servitudes, to be Constant to settled Sobriety.    

SECT. XII.  

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 Judgement of Law, no Instrument; only un Escrovet or scroll: so in a Feoffement unless executed by livery of Seisin, a nude Circumstance, or bare Formality, though as ancient as Abraham; the Conveyance 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 Manors a Straw is used, in some a Glove: according to the Maxim, Custom must ever be observed: the like in some places, the sale of an Horse, or any other Contract; is Completed 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 stuffed thick enough, with all other Conveying Force, 'tis ineffectual and void.  
The Customary binding in Law.  
The same I take the Law to be; if a Copyholder 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 tied to one peculiar Form of Assurance; singular to his Tenure alone: so He's restrained 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 enjoined, 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 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 Shoe, unseemly because Customary and required 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 Aggrieved at Ceremony then Common Civility.  
LET them render a Reason, why white Habits are more frightful and noisome then Black? or Cassocks more unseemly than draggling Cloaks: why Lawn-sleeves more Absurd, than Collars of Essences; or Corner Caps with fur'd 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 enjoined by Law. Is the Pall, Surplice, or Hood, more superstitious and silly, than 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 bareheaded to Governors, 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 Atoms or mere nothings; or more truly necessary Duties? Pray God this Fierceness prove not the Prologue, of their Revolving to the 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 merely Foppish, and Pastime for Owls? which if learned Lawyers may be believed, (and Every one must be credited in his Art) is of admirable significancy, and necessity in Law: which our careful Ancestors ordained, under shadows, the better to illustrate, and retain substances.  
What is the Tenure by Cornage, an hanging sleeve Hooting, though ordained for the Defence of the Realm? what will some Ramblers think of fealty? 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. Reason's apparent to the Blindest.  
TO argue per notiora, by easy similes; Trunk 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 Him; Plain or Laced: 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 than the other, the Indifferency is Decided: than one is become Handsomer than 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 Trim? is Cloth or Serge spoiled, less useful, if Guarded for some: or not Graceful, if Gymped for others of better Rank, and costly Fringed? the cloth continues the same, doubtless much better, being decently set off; unless slovingliness and sluttery; are more sweet and seemly, than neatness and sober Attire: After the same Comparative; how can the Doctrine be vitiated with polite Ceremony; purled by Order. But with unshorn souls of an high nap, All's Fantastical and superstitious, that's not sluttered and slubbered 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 ordained 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 observe of Days, Months, Times, and years; which are no less than 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 delivered 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 reverend Behaviour and Gravity, the Adjuncts of Religion.  
'Tis true, our Saviour reproves the samaritan, 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 fulfilled 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 England, resolve us, what more Damage or Hurt they can be to God's Service now, then when God expressly enjoined 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, picked a quarrel with the Slipper.   

Par. 88 Discipline framed 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 Vzziah might not burn Incense, nor offer Sacrifice. He may order and Command the Persons of the Clergy: and enjoin 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 aught to be their principal Care, to promote the Service of God: They must not act against God's Law, nor reign with a lose Hand, 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 Controller 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 Adjudged 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 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 enjoin it: though I confess I am not much for either; but if the Church adjudge it fit, than my Indifferency is circumscribed: I must obey in obedience to the Church, as matter of Decency. That 'tis bad, because a Dalilah or Fondling at Rome, is Lobster Logic: Papists eat and drink, therefore we must padlock our mouths, and throw the Creature to the Dunghill. 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 Fucuses 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 Christ's Church: 'twere but mannerly zeal for the Taunters against Decency, to discover them; in order to be handsomely Derned up and Amended: without Renting the whole Piece.    

SECT. XIII.  

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 balk all worldly Hits, to live otherwise; to fit themselves, to administer Spiritual Food: and be grudged for their Catership, a Carnival Return. 'Tis but Common Barter, nothing of Bounty: the bruited misers of the world, Lawyers and Physicians; the one to frisk and capeer the Body, the other to ravel and tangle the Estate; are greased with fat Thanks: But the manciple of the Soul, for his Guidage and Pasturing of the Spirit; must far hard, and nibble upon a Rock.  
But how can their Revenues, be ravined or repined at, without Sacrilege 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 Cutthroat Sacrilege be suffered, 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 Dowry of Heaven, lent only for the use and support of the Church: no living man's Gift, and in none now alive; that can pretend to a Reverter or Reassumption: so that should so bloody a Blow be given to Monarchy; as the order taken off: the holy Patrimony, as the Lawyers say, must rest in Abeiance, in suspense 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 Seignory, and the simple Fief, or pure Inheritance, properly in none; but with the Lawyers in nubibus, in the Contemplation, or Expectance 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 Deity, with all worldly Enjoyments: the Decimation then or Tenth, which circumspect Agate. styles Decimae Debitae, that we afford the Pastor of the Soul; is no will-offering or Pious Benevolence, but payable as a Debt, due to Heaven: to speak Lawyerlike 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 Practice, 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 Patriarches, must needs proceed from Divine Command, either impliedly directed by God's Candle, the light of nature; or expressly from the Constant Tradition, of the first universal Parent. Otherwise we may Conceive them grossly guilty of Will-worship.  
The Firstlings due to the Heavenly Steward.  
Since we cannot present our first-Fruits to the right Landlord: 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 settled by Law.  
Were I as Hotspured and Heathenish, as some Gablers churling against Tithes; I would out with my Tongue; and off with my Hand too, before I would subtract 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 Reentry. All Blessings are properly the Demeans of Heaven, and we at most but Feudaries all volunt, Tenants at will: Let the mutterers then against Tithes, beware the chief Lord; meet not the same measure; by seizing the whole: on nonpayment of his Due, to his Ambassador 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 turned to Pensioners and Alms-men: will be worth a Discussing.  
1. I'm 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 his Word for the same. And there we shall not find a syllable, of his willingness of parting with his Estate: But the contrary expressly, Prohibited by joseph's 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, confirmed 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 expressly Required, Matth. 23.23. And in the same Evangelist, that Christ by that Precept, of first reconcile thyself to thy Brother, then come and offer thy Gift: that he Approves of the Payment thereof.  

Necessary Purveying are Jure Divino.  
Tithes are most necessary ones for the maintenance of God's Church:  
Therefore Tithes Jure Divino.    

Par. 94. A Titheable Precedent.  
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 than 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 heinous and abominable Sin of Flattery: To have the Rich in Admiration, to be amply Allowed; 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 Exposed 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 Scholars, ex Debito, or of Course, by bounden tie of Conscience: are obliged to be up early and late, Threshing at Study; enjoy no more Ease, than Hedgers and Ditchers; but still Carking to Purvey, and lay up for the Soul: wasting themselves, and parting with their Stowage of Oil, as shining Lamps, to lighten the Laity to Heaven: And with the Apostle, The Workman not worthy of meat.   

Par. 98. The People Vnedified, so no Pay due.  
IF Tithes due and well deserved: how comes the Church to be thus Rend asunder, overspread with Schism and Heresy: were the People better Taught, more Godliness and Unity would Shine: Popery depressed, 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 Increase.  
The Brachium seculare must instruct, for Mucro Ecclesiae is no more Dreaded, than a Potgun: the Clergy may Preach, and labour their Hearts out, for the Spiritual Peace: to stubborn Hearers, that will stop their ears; or if Instructed, will not Practise. How can our good Spiriters, the Spurners of the Clergy be edified? that Routously trivant after untempered Mortar; and refuse the Church.  
The Justness of the Law to the Church.  
Not to belie the Common Law, it bears a just tenderness to the Church: 'tis true a layman may be discharged 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 Tithes; 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 mixed Tenths.   

Par. 99 The Decimal Right, formerly Appendent 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 claimed 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 subpoena'd to render their Deuce there: this was Conceived an Encroachment on the Church: so Remedied with a salvo jure Regio, or special saving to Regal Rights.  
2 R. 2. Churchmen were Decimated by secular Courts: This was likewise Redressed, without demonstratively Proving it, to be a Lay-Chattel.  
15 E. 3. 'twas Declared, that Pursuing 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 relieved, and the Maintenance preserved.  
For Blessings Renovant, Tithes most Due.  
For Winchelsies' Canon, 'tis by some questioned; 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 Rend Charge, or Canonical Allowance: But an Ecclesiastical Inheritage, the Fee sure more than 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 defined, a Church Inheritance, Collateral to the Estate of the Land: and therefore not Extinguishable by Feoffment.  
For Example.  
If a Manor be aliened 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 Manor 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 discharged, only uncharged or suspended.  
At Common Law, put the case, that  
A. doth demise his Rectory to B. Rendering Rent; in lieu and satisfaction of all Demands; as well 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 than common Reserves of Rent, Duties inevitably due, as Debentures to the Deity.  
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 named, 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 with Cap in Hand, scrape to Mister, or Gadfer for his Wages: and be foxtailed, 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 vouchsafed the Wax for his Candle, but to be even smothered 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 chief in Feasance, or active services: for should the Curate, play the bestial Churl, refusing Celebrare Divina, to execute his Curacy. Nonsolvence of his Deuce, 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 than a Girdle without a Buckle. This under submission is thought by many grand Lawyers, the Statute of nature: a Doctrinal instincted, and revealed 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.    

SECT. XIV.  

Par. 102. To be Incumbent of Live is neither Gluttonous nor Greedy.  
PLuralities much annoys the Squeamish, as the Spawners of Idleness; the Bane of Virtue: Batlers overfed prove Cromming Puncheys or mere Belly-Gods and Trivants in their Function. Insiniteness is not favoured in Law, as excessive Damage, Distress infinite.  
a apsey stammer, will escape this leash; Wisdom surely was not nodding and Dormant, in the 21 H. 8. nor in the least slumber or Drowsiness; when this Duplicate or Faculty of Grace was ordained: In Law the worthiness of Acts, are measured by the object, about which they are Conversant; or by the Tendency unto the End, for which they are framed: 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 Pope's tot quot, or wadling Gutlings; for some overgrown Paunches, their Heads usually lank and homely furnished: to gourmandise and engross the whole Table, leaving no Room for many, whose Parts entitle them; to be Guests at the Holy Battles: Besides nonresidence 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 I'll thickscul malice: Staves will be found to strike Virtue.  
We agree the Statute, to be stricti Juris, taken very closely against non-resident, Faculty-Favours, and Gulliguts: and therefore if a Bishop be translated to an Archbishop, holding both Dignities: or a Baron created an Earl, although both Honours be consolidated in one Person: yet shall they not qualify more, than what an Archbishop or an Earl singly might have done. And the 21 of H. 8. with some Exceptions, confirmed the Lateran Canon: However when Popery was here in Pomp, the King and others too, might have dispensed with it: for stricto Jure, at Common Law, there was no Session, 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. Privileges of Favour.  
Anoblemans' Chaplain may be doubly Beneficed with Cure, without suing out any special Licence or Dispensation: But I find it doubted by the 14 Eliz. whether the Law Spiritual will allow of the same.  
If a Nobleman by his Letters Testimonial qualify 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 Selfdenying, would be (near as bad as Simonists) Monopolists, and Engrossers: And the Intent of this Indulging Law, Abused and Defrauded.  
But I think were the matter well examined by the Quaerent, the Plaint would cease, without any more ado: the Grapes are only sour, 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 Exceed, with a Trialty; if Major Domo, or Majesty think fit? Besides, should this Hill be taken down, and laid flat: Nobility would find some smart in the Tumble; for Qualifications, Privileges of Honour, inherent to Noblemen; must fall to the ground, incorporate with the Dust, and be seen no more: thus their stutting to levelly this Mount, will defraud the Church of its Magnetism or fair Allurements, to encourage the climbing Graduates. And also the Upper Nobles, of their Statutal Right, to gratify their Chaplains, and promote elegant Desert.    

SECT. XV.  

Par. 104. A Curious Conscience Condemned.  
ON the seriousest Debate within myself, 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, aught to be modelled after the Rules of State; that is, Law.  
Positive Law misliked and Maundered at, because misunderstood.  
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 flaunt and tear with a witness; turn the Brothers and Sisters a Begging, and set 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 Galleys; a very Garlic Law, unknown to the very Blacks: contrary to that of old, which was but the bigger Stake, or fatter Collup; and not for one hover Greedigut, or gutling Hebler; to Crom and Cubboard the 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 checked 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 Alloy, most Politic and Rare; for the Preservation of Families, the Quickening of Industry; but chief for the Flourishing of Monarchy.  
The Intirety or whole Dish questioned by the wisest.  
Neither is this the Cloggy Maundering of some Mopsey Heads, but the Doubting of Causidical ones, Judgements of the first Rate; as not strictly maintainable by the Law of Reason, though Reasonable: a very nice Reasoning, which doth not attach the Reasonableness of the Custom: For should the Fortune be Hutspotted, or sliced 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 Judgements, '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 Gourmand, Flaunting 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 fobbed off with Blanks: But the Saturnine or Gaffer Souls graced with the Prize: in Justice happily no hard measure, since Idiots would trouble the Door; if not buoyed up by the Imagery of Happiness: And since others are enriched with Arras, the Goods of the Mind, they may well be Content, they enjoy more; then what feathery Revelers can ever hope to attain.  
However the Moderator, or Umpire of the Law, Equity; which should relax and qualify, the severity of Justice; will give no Redress: But Capuchin-like, leave the Children, to seek their Bread; exposing them to pitiless Charity: for the Chancellor is bound, according to the Maxim: To order the King's 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 than lustily promised, perchance orderly settled; justling out the eldest, and snap all into his Claw: is a Pertness with most overbold, and unmannerly.  
I confess this Law by many, is adjudged 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 indulged by Jacob to Ephraim before Manasses: which Joseph would have conferred on the eldest. But it seems the younger was the Tidling, Dad's noun 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 seized of these Lands, leaving Sons the Wife Inseint; whether the Son in Esse, shall Inherit by virtue of the custom: or the Posthumus or After-born 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 Brother's only Doient ovellement 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 Strive, may not only make Himself; but even enlarge the Family, if turned abroad with Powder and Shot, to bird for a living: that is, somewhat fledged with Res relicta, a Competency; which probably may render the Flight Prosperous: But if thrown off with a Sparhawk, and four Nobles Rend, when he can catch it: or kept at Home all his Prime, as a Drudge; and when the Parents turn is served, shaked 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 daubed up by Drudging, without Materials.  
The Egalty of Sharing no new practice.  
Neither is this Shashton or shifting, without Precedent; for the whole world became a Dividend 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.  
La Ruleable by Custom.  
A stranger Custom I have from our ancient Writers; that if a Freeman took a Villain to a Freehold and libero Thoro or Free-bed: And they had Issue two Daughters, one should be Free, the other Villain.  
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 Patroned 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 mere youngster, just out of the Shell; may perform so easy a Task: And yet to be enabled, 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 Copyhold Lands, if the Custom be not strictly pursued, the Grant may be Avoided.  

As by a Case.  
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 suffered, to lie some Time, and then be ta'en 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 Indulged 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 Ancestor: are the Stumbles of the Wise, and Strange in Conscience. Which put the great Judge to a nonplus, in that famous Case of Salphaads Daughters; and for a Decision, enforced an appeal to Heaven.   

Par. 113. Thirds the usual Jointure of the Common Law.  
1. AT Common Law, the Wife Indowable only of the third Foot; of the Tenements of which her Husband, died seized during the Espousals: to hold in severalty during Life. Which is but reasonable though she brought nothing, (a virtuous Woman being more valuable than Rubies;) otherwise in case of a rude or Careless Husband, she and her Children may beg.   

Par. 114. Dowable of the Moiety by Custom.  
2. BY some Customs, the Wife to have Half of the Lands; which is not unreasonable: it being Intendable, not for herself 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 Indulged 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 Herself, 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 satisfy the Law: and not suffer the Relict, to swallow the whole.  
This Favour of Law is called 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 to soop All, and set it Flying idly and lavishly; in Mistressing or Masking.  
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 satisfy the world: the wearer best knows where the Shoe pinches; every one is the best Justice of Himself, and what will better his own Condition: and therefore Hard, to fore-Judge any man's 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 adjudged 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 certify their Customs by the Recorder, or their own mouths; for 'tis no better in effect; without subjecting it to the Trial of a foreign Jury: whether Reasonable or no, and so Judges in their own Cause; is usual.  
'Tis Conceived not so full Justice, to be Party and Judge in their own Concerns: though Confirmed 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 Manors, 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 enrolment of the Deed; to Complete 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 grieved will be forced to fly to Equity, and take his Chance in Conscience: which some think may pity his Case, and give Relief.  
The Remedy against the  and the uncivil.  
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 Removable at will. Therefore 'twill be at the Peril of the seller, if he Play the Jack: there's no sense why the Purchaser should be at any loss.  
The like to the Clerk of the inrolments, '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, than 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 show the Cause of his Refusal. For a shifting Plea He's Amerceable.  
9 Neither is a Bishop by 32 Eliz. Allowed to trifle with Justice: for on a qua. Imp. brought for Refusing a Clerk: his Plea must be certain and full; his bare Alleging that the Clerk is Schismaticus Inveteratus will not satisfy: without showing in Particular, How and in what, that the Court might (with the Assistance of Divines) determine the matter before them. And therefore for a Dilatory Plea, the Bishop is generally Amerced.  
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 Ruin.  
The House to fall down for want of timely Repairs; or Burnt through Carelessness: And the Land to be Juncose or become Rushed over, even overrun with Weeds and choked 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 Adjudged 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'm Assured the Chancellor is not sworn, to make Fools Wise.  
If men dread any After game, a God's 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 altars Evidences, and so tends to a Disinheriting: 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 practised.  
To clear this by a Case.  
If J. S. infeoff J. N. of all his Lands 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 Conveyed, by the same Intent, Comprised 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 defeasanced, to murder J. S. is void: but a Feoffment, Conditioned 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 Completely good, though the Proviso be trifling and illegal: an obligation in both Cases, Concord's with Law.   

For a more Familiar Diversity.  
If an Infant or Madman, steal or kill; unless wittingly and maliciously: they shall not be impeached: But in Trespass for a Corporal Hurt, they may be impleaded and punished too.  
So  
In Felony, if the Principal die, or be pardoned 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 Fanatic Opinion.  
Thus may we see with half an Eye, indeed if blinder than a Beetle; how Insolent and Groundless, Pretence of Conscience; is represented by the Perspective, of Refined Reason: that clean and blanched Reason, doth not regard every Scullion frantic Humour; nor will it be ruled by the Distaff: so it respects the safety of the Church, the Common Peace; 'tis sufficient to be engraved in every Breast, and obeyed 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 Deity; garbling the good Objects from the Bad; the white Angels from the Tawny: Ad vulgus or in a secular sense, 'tis still but Winnowed or Exalted Reason, Law: which must be Hammered and Regulated by Magistracy; and since Oracles are ceased, the voice of God silent; what other Asyle can there be? 'tis true, the Power Divine (in the Throne of Deity, 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 Externals, the Dictates of Fanned Reason, Law; aught to be obeyed.  
A Citation before an Incompetent Judge, dangerous.  

To instance this by a Case.  
If J. S. be Excommenged in the Court spiritual, for matter of Temporal Cognizance: which properly belongs to the Crown, and Dignity Royal: He must be Assoiled, without making satisfaction: if the Plea be continued, a Praemunire may endanger, the Party litigant and judge too.  
So  
If a roguish Roister, lay violent paws on a Clerk, Handling Him somewhat roughly with Blows, the Battery is solely 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: 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 enlarge 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 than Angry, fling and by't too.   

Par. 118. No Faultiness in the Law.  
WHY should sublimated Reason, the Law, be stormed or flouted at? being no way Factious, having no side; no byends, 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 Saintlike Times; when the Spindle and the Prong, every blober-liped 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 whirl, through Thick and Thin, lege inconsultâ, without Advising with legal Discretion: to plunge themselves in needless Troubles. The Law marches slow, but discharges swifter than Pegasus.   

Par. 119. Single Conscience must Conform to the Universal.  
I'm ignorant of the Reason, why a Private Conscience should not comply with the Public, that is, the Law: Provided it be no way Pernicious, overtly polluted, with superstition; not Incongruous with the Word of God: ought any be suffered 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: 
The Pigeon knows no woe,  
Till a Benting she doth go.  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 than traping Sedition.    

SECT. XVI.  

Par. 120. Mis-conceivings, and mis-Teachings, Dissected and Resolved.  
'TIS misconceived and Precepted too, by some Tripanning Wits; the Trumpets of uproar 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 place the Offence: And there can be no Analogy, between the thing stolen, and man's life: And to punish, beyond the Damage, is cruel and outrageous.  
2. For the second, That according to Christ, if one cheek be smitten, the other must be turned: 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 enjoins them, rather to take Wrong, and be Defrauded.  
4. For the fourth. That 'tis more than a Purpresture, or foul Encroachment, on the divine Privilege: the Conscience being a noli me tangere, a kind of Deified Essence: that must not be touched, but by the Spirit of Souls, the Celestial King: And that Civil Laws bind no faster than Sashes and Garters; that may be loosened, 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 decolled 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 stolen; 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 Public Peace, is much dearer and valuable; then any single Tear-grounds life: no Brow formed 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 modelled, according to the Temper of the Clime: And the Sword of Justice is solely at public Discretion. And therefore among the Arabians, where Thieving (if some writ 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 Ox 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 preserved: 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 Ox out of the Herd, 'tis Theft: by Ulpian to rob a Dove-cote 'tis Larceny. But at Common Law, Beasts untamed may be Taken without the Danger of Felony: But if Tame and Domestical, the Taker is by the Common Law, no better than 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 assessed too Excessively, in Arrest of Judgement, as outrageous; a new Trial on Course by motion will be Awarded, to qualify the Excess: in Reducing the Damages answerable to the Trespass.  
As Preventives against future Mischiefs, sometimes Punishments are not Ouelment or evenly imposed: As the Statute for waste, gives valorem vasti in Triplo, triple Damage with the Place Wasted.  
The like for Defrauding spiritual Duties, triple Amends: otherwise farewell Religion; the Church Door may be nailed up; signifying indeed no more than a Steeplehouse; when the Pastor is famished, by substracting his Livelihood.  
War ought not to be made, but on just Cause.  
2. For the Ground of War, Divinity and Politics, 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 Soldier on work: It being 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; mere Fumes of Honour; there Coeli Injuria, Coelo Cura: an Appeal to Heaven, is the only Cure, I should Advise. Every public 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 Soldier is totally unlawful; a common Conceit with the Cross-grained, I cannot Agree: For then the Centurion's Faith, would not have been Applauded; nor that famous Convert, secured Himself, against the Perfidiousness of the Jews, by the aid of Swordmen.  
War not fair and Kinglike, without warning by Proclaiming.  
In Peace if at Civil Warfare, notice by Summons and Citations be peremptorily Required: 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, enjoined by God himself. David indeed for the Abuse to his Ambassadors, 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 Fountains Case a Spaniard; whom the Judges conceived no Enemy, to be denied the Benefit of Justice; till open War were proclaimed, between both Kingdoms; though several Acts of Hostility were Committed.  
Arms justifiable if Repairs be Refused.  
By this we may Collect, that a Prince may justify Arms; if satisfaction by amicable Demands be denied: But to snatch and pilfer a Booty; by Law Military, without Proclaiming War, and Throwing of the Dart, is doubtless very un-Prince-like and unjustifiable: strictly by the Law of Honour, no victory; only oppression by Surprise and Rapine: no valianter than 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 uncivil.  
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. Unlawful 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 gloating 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 Choler, though uttered by a small member, yet often sharper than 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 overflows with Wealth, and overmuch Freedom: then they would leave Flouting Magistracy, and Backbiting their best Friend; the Law: for the Law more tenderhearted, than 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 Completely 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 menaced, and but in Dread of an Assault; the Bear may be muzzled 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: the Town shall be Amerced, with the loss of his Goods.  
Though Justifiable even by the Law of Nature, and Commendable too: to kill rather than be killed: 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  though see 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 Dolour 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.  
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 than Caeneus.   

Par. 221. Property Demonstrated.  
THat ambulatory Trespass may be brought, 'tis on necessity of municipal Reason, to avoid a public Inconvenience: For in supputation of bolted and seirsed Reason, all Lands are mounded, though they be Campagne, or lie unhedged: which among Lawyers, is Reason not far fetched, much strained or Imaginary; if we Consult the Dominion of the Sea: which by Reason of its floating 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 deemed shut and Enclosed; 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 obliqne Lines, Turn 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 Butting, notifying a bounding Frontier 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 Exposed with open Arms, Catholic and Common to All. Yet may the Pischary, as in private Rivers, with other navigable Privileges, be claimed and enjoyed; without Encroachment, or Infringing the Universal Rule, or Law of Nations.  
The famous Civilian, that labours to have it in Common; argues more like a Philosopher, than a Lawyer: when he draws his Flourishes, from the Freedom of the Air; with others of the same strain, which are merely 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 gainsay. Therefore 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 ourselves, 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, Tithe payable as a Predial; and aught 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 unreclaimed: And Lands though Extra-Parochial, are held clearly Tytheable, to the mixed Person: 'tis granted a sum of money, shall be paid in lieu of Tithes; which infers sufficiently, the Law thereby adjudges an owner-ship: If Exotic and purely Personal, why then more Tytheable, than Spices and Lemons? But by a late Prohibition, I find very Tithe 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 twofold Entire Property: the one Subterraneous or Downwards, of all Waters and Mines, within its Bowels: the other Supra-terreous or upwards, of Air and all other Benefits, to the topmost Sphere: For if an Hawk reclaimed, come into Sale, and light on a Tree; the owner cannot take his own Chattel, without leave; but will be a Trespasser: which shows there's Property in speculation of Law, in the very Air: And surely Waters are more Mainorable, that is Manageable, than Air.  
To enlarge this matter By a Decision.  
Maevius hindered Caius, from Fishing in a public Water.  

Two Questions.  
1. Whether the Obstructing were Injurious.  
2. Whether Damageable, or suable at Law.   
Pomponius likened the Abuse, to the Denying one, the use of the Common Bath, or Public Theatre: unto both (by him) All are promiscuously Entitled by Law.  
He conceives the Sea in no Propriety; but that all are jointly Entitled thereunto: As Tenants in Common. And that Fishing is no more Prohibitible, then shooting at Wildfowl in another's Ground: which by Ulpian is Received 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.  

Two Points.  
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.   
Resolved.  
I find both Points held in the Affirmative: And that the Sea is within the King's 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 satisfy All, with Lawyers is a very babish Plea: And makes nothing against Dominion. For in Law, there's as much Propriety in the largest Fields; as in Crofts or Pitles: Petty Closes or small Paddocks.  
Therefore the great Civilian, though a Complete Marksman in all Learning; in this Point, hath failed of his Aim: and hits not the Bird in the Eye.   

Par. 122. The Right of Chattels Discussed and Defended.  
AS Lands are Adjudged 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 Conceived 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 Privilege the Law ascribes to the House.  
Beyond Controversy, in Law every man's House is his Castle; as well against violence, as for his Repose.  

For Instance.  
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 man's life.  
But in Defence of his House, if Thiefs, or any other Assailants, are Knocked on the Head: 'tis justifiable; without any Forfeiture.   
The neighbourhood may assemble, to Guard an House, without a Riot: And in all Civil Causes, at the suit of a Subject, not Forcible even by the Sheriff: But on Recovery in Ejectment, by virtue of the Writ. For after Judgement, 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 Citadel or Fortress of the Owner: so the Estovers or fuel appendent to the House, the Lands; plenarily His: with the Conterminous or neighbouring Air, and all Avails, 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 Required, by necessity in Prudence: otherwise not only Religion, but the whole Peace of the Nation, will soon be in Jeopardy: For by the selfsame Forehead, 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 Abused and Despised.  
A queasy 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, when the offence requires the Hand: or Cropping the Ears, when the Crime deserves the Head: nay, with pecuniary Pains or Exilement, 'tis most easy, a vast Toleration.  
Roisters 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 overboard: 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 Soldier did but ward off some Blows, 'twas cashierable: But if the least show of violence, or resistance were offered; 'twas expiable with no less than Death.  
Disorderly Crasiness Condemnable.  
Thus by Reason in State, may Blades of Rhadamant; the Tores, Moss-Troopers, Kidnappers, with Burglars and Highway Lads: be rewarded with the Gallows, to prevent a public Mischief: And likewise Hocquetours and Suborners, with Scoffers and Flatterers, Rumpers and Roarers against Monarchy: be scourged with Keener Tools, than Bulrushes, or snipping the Lugs; to maintain Property and Peace.    

SECT. XVII.  

Par. 123. Church Disquieters Prosecuted, not Persecuted.  

LEt's suppose ourselves in the Schools, and put the Wrangle into Mood and Figure.  
To be dragged to Prison, for Divine Worship: is barbarous and Persecution.  
But our Church Wranglers (as they give out) are Duressed 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 Metres, 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 Worshippers? if silenced and crushed under foot, can the weakest that never Studied farther, than the Hornbook; adjudge it Persecution? being not whipped as Saints, but paid off as Routers, in Blinching and snuffing against Law.  
The Diseased why Imprisonable.  
Leprosy Corporeal, by the Judicials was murable, and to be shut up: to keep the Broken from the Whole; in Reference to public safety. On this Precedent, are the Pestilential with us, Padlocked and Guarded: And once marked 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 Leprosy spiritual, the Law be the same.   

Par. 125. Profane Mutes seldom Disturbed.  
FOR Persecution 'tis an impudent Fable, raked from the bottomless Pit, to mire the Church: I know no Inquisitive Law, to pick the Conscience; if the Poison be locked up, all's quiet: But if like mad Brutes, they will up and down, and spread their Frenzy; 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 expelled Paradise, for Chawing the Apple: but for the breach of the Precept, because prohibited by the Lord of the Garden: now nonconforming 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 ordained by God, and ought not to be slighted or disputed; but Reverenced and obeyed.   

Par. 126. Laws uncharitable or Idolatrous, bind not.  
Law's to inhibit Alms, in extreme necessity; or to enjoin 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 than formal Astrictions, ordained 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 Usage.  
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 intrinsic Principles we obey, because imprinted in our souls, by the Original of Nature, the Deity: 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 framed in imitation of Nature, otherwise not pleadable at the Bar of Reason. In brief, because man's nature is corrupt, and divers from the Community of nature; these Artificial Restrictions of humane Laws, on necessity were devised: as Locks and Bolts upon the Soul, for the Weal of Unity and Peace.   

Par. 127. Disquisitive Theft.  
WHether blinking Sleights, Deluding the People with Wheedles, more counterfeit than St. Martin's ware? 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 Thievish than the Larceny, of a Sheep or an Ass; or a Clout from off the Hedge: are Problems that sink deep, with the Wellwishers 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; let's in Atheism, and Shifts off Regality: And strictly in speculation of State, what are Wincing against Law, and Pawing against Prelacy, but Seditious Practices against the Crown, and mere Confusions; which by Law in some sense may be Treasonable? on this Presumption of State by the 27 Eliz. the Romish Priests are Hurdled and Quartered; not for their Priesthood, but Plottings against Majesty: who holds the Sceptre, by inherent Birth right, or Descent of Inheritance. No Crown-Holder at will, or on Condition: if his Actings out-skim a Fanatic 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 King's name: However they're the King's Courts, and the Proceed are for the Crown.  
To instance these Droitz Royaux, or Regal Rights, by an Example.  
Every Leet or view of Frankpledge, holden by a Subject, is kept in the Lord's name: yet no Student at Law, but knows it to be the King's Court: many Subjects hold Courts of Record and other Courts; yet their Proceeds must Conform with the Law Royal, and National usage.    

SECT. XVIII.  

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 Yokes, Rules written by a soft Hand, and easy 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 than Homicidial, even murderous.  
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 tert Wether, the Air more piercing Cold, then in Russia or Greenland, enough to engender Crystal: Pitifully jaged and torn, so Back-beaten and Belly too; near famished, more than one leg in the Grave: without a noggen shift, or even a Patch, to cover his Carcase, or a scrap to subtle his Panch: And afore this Sturdy Villain, 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 Loiterer, or dingy Shab; with Offal or dry Crumbs: on Design only to secure his Rogueship, from the sharp Stings of Hunger and Cold: taking this fusty Lob, and poisoning Lout, but just before the last Gasp,  He be quite gut-foundered 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 and Contempt. And that Conditions are taken straight in Law, without Equity; especially made to redress a public Mischief: And that 'tis malum Prohibitum, a Positive Law, than 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 mere Cobwebs, to be swept down at Pleasure: as Ridiculous with some as the Dance of a Goose.   

Par. 130. All Destined to Industry.  
IF Bread must be earned, 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 Lob's, worse than Rogues, even very Brutes; and shall not eat: on this ground may Equity and Charity too (by Solon's Scale) with other Reasons of State, be well thrust out of Doors: the Law strictly observed no Duressor, and the foolhanded Almoner that gives but Leave, 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; mere 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 bottomed by a Festraw.  

If A. strike B. the first of June, the striker for a small stub of Gilt; (through the Interceding of Friendly Natures, to screen his Fault and secure the Event) is pardoned the second of June, all Misdemeanours: then made safe; out of Gun-shot.  
The third of June the Bell Tolls for B. then A. startles: but the Ringing out, puts him into a panic Quake; lest he pay sauce, for his Pot-valour.   
But in Law, He's more afraid than Hurt: for by the second of June, by the 13 Eliz. the Felony was pardoned: 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 lousy 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 inched his Lugs: to be banished, or Committed to the Galleys. By a latter Law, to be branded in the left Shoulder, with a Roman R. as the Notary of his Ranging. His Shaging on in languishing Insolence, is styled in Law, Incorrigible, or a Rogue of the Second Story: to undergo a lusty swing at Tyburn, to be secured against the Pity, of Physic 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 than Epostracism, or money Ducked or Draked: for in nature, Consequently in Law; a lazy-bone Shagrag, or Galleyslave Counterfeit, of an able sane Bulk: that will neither Row, Plough, nor Cart; hath defaced the Divine Image, attainted his Soul: And his wilful Attainder, forfeited his liberam legem, all Immunities and Easements in Law and Nature: Rendered 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 Cessat Causatum, the Privilege 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 than the outsides of dumb Animals: the one affording sustenance, the other the Cause of Famine. For without labour our Pilgrimage here, cannot be performed; with the Benefit of the Heavens, and the Instalment of posthume Glory.  
Relief then of this Canary Impudence, or gabering Land-leaper; doubtless is the worst of Prodigality's: Victualling his Camp, but fostering a Roguery Errand; and so Cramming his Gob, Causa Causati, guilty of the Vagabondage.  
Most Laws for Punishing Rogues and Sturdy Beggars, were Repealed 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.    

SECT. XIX.  

Par. 133. Vnpractical Actings ill Precedents, 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 Condemned, without Arraignment or Answer. The like in 32 H. 8. one Attainted (though living and forthcoming) of H. Treason; without being so much as called to Judgement: The Legality whereof was scrupled, and Demanded of the Judges; whether the Act were void or no. With some Pause they adjudged it Perilous, and of bad Example to Inferior Courts: But all Agreed, if Condemned by that all-Commanding Court, 'twas Indisputable: And it could not afterwards come into Doubt, whether he were called 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 Proceed 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 Proceed I do not observe any flat Treason, clearly Proved: But where Extremity of Passion, infired by malice, is the Prosecutor, and sole Proof; there little of Justice can be expected.   

Par. 134. Unlawful 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 praetor.  

Two Questions.  
1. Whether he were truly and lawfully praetor: a Bondman being uncapable of that Office.  
2. Whether all Acts and Decrees, made by Him, were of Force and Binding.   
Resolved 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 mere oppression.  

As by a Case.  
If J. S. be Disseised 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 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 declared 'twill not be Accepted: if past, after the Husband's 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 suit, on Request to open the Door, and Denial thereof: cannot break open the House to execute any judicial 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 Tempest and Water; the Goods to be forfeited, 'tis to afflict the Afflicted: pouring 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 assigned 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.  

For Example.  
If a Servant through negligence burn his Master's house, and the Neihbours too, the Master is obliged to make reparations.  
The like by the Civil and Common Law, of an Inholder, if a Traveller be robbed 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 courtesy, without the Entreaty of the Host, and be by Him, or through his Treachery robbed, the Host is free; but if on the request of the Host 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.  

A closer Case, to All, but Students, very Rare and Incredible.  
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 spite 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 unpunished.    

Par. 137. Sinderisis' the Divine Faculty of the Soul, Inhibiting Vice and Injuncting Virtue.  
THus the Monitor of the mind, or Lantern of the Soul, Conscience; after the definition of a great Lawyer; is but the Law of Reason: for that it resembles and ministereth the notions of Reason, implanted in every reasonable Creature: let's give it a more beamy stile, and call it the Envoyée from Above; or Leaguer 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 journey 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 poison the Spouse: to effect the Design, furnishes Him with Poison: the Husband tempers it with Syrup, and gives it, to the Wife to Eat: who nescious of the Poison, 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 killed: 'tis adjudged 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 designed; that is, a Person to be destroyed: the same individual Person, scaping the Trap, another being Caught and Killed: one would think, should not vary the Law, as in the other Cases.    

SECT. XX.  

Par. 138. Mistakes Examined, and the Truth Cleared.  
SOme  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 Idiot.  
Nay when the State, pants under any Exigency; it may be Spirited and supplied, by the Rapine of the Church: the Order thrown down, and the Lands sold.  
A most Corruptive Witchery, of the ugliest Pollution: Brewed 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 cashiered.  
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 Endowed, with a Chalice or Bell: the Donor cannot at will, or if Abused (without Sacrilege) 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.  

For Example.  
If a Coat Armour (the Ancient Pendants of Honour) Hanging over a Tomb, be stolen: 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 Chooses in Action and Executory, lie in the Case: and why should it be otherwise, since the Abusers are to be Removed and Punished. And the Donative Abused, settled 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 Abused; as what more usual (Debtees defrauded, and Portions never Paid) is the Trust forfeited?  
Agreeing the Breach, and that Deservingly: and that the Fiduciaries or trusties, 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 fallen into his Heels, otherwise his Pen could not Indite 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. Blotting shamed and Discomfited.  
THat a Profession or Trade, must be Dissolved; for the Delict or Crime of the Professors: Is a Consequence Illogical and Inhuman.  
If a Lay office be neglected and Abused, the Office (by Condition in Law) is Forfeited: The offender to be Deraigned, and Punished 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 stocked 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 men's misdoings.   

Par. 142. Faulterings of Governors is no Fault of Law.  
IN all Ages happily on a narrow search, some Bishops have been , and Justices Corrupt; à facto ad Jus, is lamentable Sophistry: Therefore Law and Gospel, must both be Renounced; Atheism and Confusion, take the Rains: for the wry Actings, of some ungracious Persons.  
Scribblers Chastiseable.  
I'm 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 Mechanics, with dogged Positions; to scrat and tore 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 Logic. Because some are Roarers, and have Espoused Debauchery; a Catholic Ruin, must be Designed for Humanity: for the Male Port, or Go 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 scaled, 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 Struck, cut off and totally subverted.  
Blood is a Crying sin, and without a full Atonement, will not be Assoiled here, nor hereafter: To assacinate the Body is Murder, but Enchanting men's 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 lived, even Deathless.  
THat Heresies Condemned, Ditched and staked through, should Appear 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 Poison, 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 suffered.  
Surely God hath raised ex gratiâ, out of pure Favour; these Factionists, as Goads in our Eyes to keep us waking: Lest the Church, Drowsy with Unity, Idolatry might steal upon us; like Burglars or night Thiefs, and endanger our souls.   

Par. 145. None Privileged from Infirmities.  
NO wonder if the Evangelical Light depart, and Blindness Crowd in upon us: The Church thus thumbed and slobered, with impious Vomitings against order: Creating a Theatre of Horridness, more Dreadful; then the Fate of Catania: Though tapped by a Bohemian Sufferer or Attested by a British Second: which on a strict Enquest, may be Verdicted, Flashes of Pride and Choler; not Fumigations of Exemplary Zeal.  
We reverence Church Worthies, whose Sufferings improved the Reformed Colony: for which their memory, as a Relic 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 Bias, of Gospel-Zeal; and the Cool Breathes, of a Saving Angel: And therefore their Reforming, 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 Admonished against Apostasy.  
WIlfully, in despite, of the Checks of Reason, and Chide of Spirit; to serve from the professed Known Truth: Is an Imp of Apostasy Total. Never getting up to its Reprobate Mounts, but ever effecting a fatal Downfall in the Climer. Let me Counsel then some Margent-Stuffers, the Vomiters of Cursed Speculations; to keep their Venom to themselves: And forbear Spawning, such hellish Whimsies; to the Deflowering of Virtue, and Strumpetting Religion.  
Shiness Required, in Putting forth, the child of the Brain.  
As Words are the Images of the Thoughts, so Books (the Calendar of the Brain, and Dial of the Soul) Pointing out the inward Man: Therefore Heads of the finest Mould, and choicer Forms, whom some stile Scholars: should be nice and wary, how they send Abroad, infectious Ramishness; to dirt Religion, soil 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 Disposed, Contrary to all good nurture and Manners; they will be Ashamed to send them out, and scarcely own them.  
The like of the Intellectual Offspring, as of the Corporal: All but Crazy-brained Virtuoso's, mere Blurrers; will hate and defy, to father any Progeny, but what's Perfect: and Consentaneous with Civility and Law.  
Seditious Scribble blot the Soul.  
In fine, at the great Day, a single sheet of Conformity, Composed in Charity; will inherit a larger Mansion of Glory: Then Voluminous Tracts, ronk of the Comedy or satire; against Church or State.   

Par. 147. Extraordinary Acts not Imitable.  
THat David did eat of the shewbread, and our Saviour of the Ears of Corn, at the uttermost Pinch; to avoid Famine: is not to de drawn in Precedent, to justify Sacrilege or Rapine. The one was an Humane Deity, and the other divinely Inspired, or Minister of Heaven: and might act more Transcendently than Carnality now adays, aught 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 swaddling of Extremes, necessity; creates a Privilege or Indemnity, quod Jura Privata, against private Bonds: Therefore in Defence 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 another's 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 Judgement of Law, having no will; that is, during the Coverture, no free Agency in herself. But wholly sub Imperio, under the Rod; to most Intents in Law, much Inferior 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.  
Petty 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 Judgement of Thievery. In Construction of Law, because of the Implicit Consent, or tacit Persuasion; 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 traveller, to take some Grapes, to relieve his Hunger, but not to Carry away: But the Pernancy of Taking, when gathered by the owner, or to his use; as Chattels severed, may alter the Case, and amount to Felony.  
May this justify a Backberond, or Common Thiever; with all Lewdness and Wantonness of Heart, merely for Spoil and Lucre, to rob Orchards, and waste Vineyards? We read that Israel Robbed Egypt, and Elisha slew the Mockers; will this warrant Stealing, or Murder? as Adlely can the former Case, be urged as a Precedent, to enthral or despoil the Church: to strip her of an Estate, Ratified by Law.  
Ingratitude no Venial Sin.  
I'm tormented, some manumitted Students, void of Thankfulness; the noblest Predication of a Gentleman: should forget their Manumission and Pardon, to merit the Censure of Ascendants from the Dog Star; for their Shoving and Snarling against Law.    

SECT. XXI.  

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 Affirmed 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 of Judgement. A Discussing altogether Fallacious, and no way satisfactory.   

Par. 149. Voluptuousness not the End of their Erection.  
THat Monkeries and Friaries, became Luxuriant, and a Byword to Sanctimony: And so digged their own Graves, cannot be Denied. 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 Colleges of Rules and Retiredness, to advance Learning and plant Devotion: to fit the Clergy, the better to purge and purify the Lay Soul: the safer to Insure it to Heaven.  
2. To declaim incessantly for the Church; to keep Sentry for secular Souls: Continual Watch and Ward, for their Spiritual Concerns. That were clogged with worldly Slaveries, and could not so aptly Mediate themselves.  
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 public Toil: to withdraw from the Drumming 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 Attained; in serving the Prince and Country: 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 Sphere of Glory.  
No Airy of Dormice.  
For this the devout Fathers of the Church, retired to a Monastic 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 ordained, as Hives for pot-bellied Buzzards, 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 deserved the Axe; because the officiaries, were Dronish and Disorderly: doth not weigh with some. The Abuse (in Law) cannot Vitiate the Use; for then Frontiniack and the Friqueezes, must be Banished the Table; because often Abused through Intemperance.  
Reasons why Thrown Down.  
But the Excess of Implicit Zeal, heaping mountainous wealth upon them; which in Time might have absorbed or gulfed 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 Disannulling 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 Offspring of Passion or Infidelity: but the public Judgement, or full Debate of the whole People, pronounced in Parliament: Adjudging by wearied Experience, the Droning over notorious; and the Church cloyed with Superstitious Luxury: which rendered 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 Disannulled 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 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 maintained 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 thoroughly understood, there's no just Cause of Scruple. A Surfeit being better spared 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 glorify 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 of St. Judas, or a smile from St. Peter, and be laughed at for our Pains.  
3. Were the Church much Impaired, so Beggared; that an able Clergy, could not be maintained: 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 used 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 passed, that the right 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 mere Pretenders and false Owners: Then the Cure worse than the Disease.  
The Infadation of Droneries, or Permuting them to a secular , warrantable in Divinity.  
5. But had the Institution been so Fresh, that the lineal Heir, had been then Alive: and Certainly Described and Known. However the Transmutation lawful.  
The Giving being Intentionally Public, 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 Designed 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 enjoyed by the Public, according to the Intent of the Giver; the Gift only Employed, 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 sudden 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 Aftertimes, charged some Lands, to maintain public Shows: which happened to be forbidden, and put down by Law.  

Two Questions.  
1. How the Rent should be Disposed of.  
2. Whether not Accruable or Descendible to the Heir.   
Resolved.  

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 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 Cranmers; to be of a Volatile and fleeting Nature: And so not to be Enjoyed, or indeed worth Looking after. Being banned 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 mere Plague-sores, Infecting the other Estate; bringing All to Confusion: Therefore some Conceited Heads, otherwise wise enough; are  forsooth to Purchase them.  
Their Twitlings Blown off.  
A very weak and false Aspersion and groundless: on Design by Papish Plotters, the underminers of the Church of England; to discourage all honest People, from Purchasing; or in sooth Holding them.  
To resolve these idle Giberings or Popish Ban; which are as Credible as the Legend of the Crow, mourning over St. Vincent's Corpse; or the Relics of Aleppo. We may say of them as justly, as of old Granam's Winter Goblins, or Gossoping Prophecies: That they're marked 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 Doomsday, before any Boast be made of their Prosperity, and Luckiness of Continuance.  
'Tis aptly observed 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 Moat 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 been fewer, and those no gorsey Crommers, or Cloistering Snorers; but better Disciplined and more Actively Disposed; 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 fantastic 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, than the Confirmation of tempestuous Wether, with the Wind Continually in my Face.    

SECT. XXII.  

Par. 152. Upbraid 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 Times. No better then Pious Cheats, wormed 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 framed by Collusion are void.  
In Charity we Adjudge them, as the frank Endowments of well-intended Zeal: for the Maintenance of a pious Use. Though happily Purchased by some Sprinkling 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 Pursued, the Exposition Safe and Binding.  
Now in Law, the Intent of the Legator Justifiable; though the Modus and Judgement 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 solely 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 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 Silenced.  
If not Libellous; this is a sore Blur indeed: worthy a thorough Scanning and Amendment. But with the Churlish, nothing is Crystalline but Bloodshot; and since we cannot estrepe, or muzzle Malice, nor Martingale Folly: Aspersive Mouths (the Spouts of Slander) with the wise, are no Scandal.  
Merited Advancement.  
1. For their Promotion, 'tis not per Saltum, at one Jump, or unadvised Leap: But Gradually with the uniform Vote, of the Guild of Learning: neither without the Expense of much Time, and Charge, can they arrive to a very Degree in the Profession. And afterwards through wearisome Study, when Seraphically Accomplished; '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 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 Congee de Eslier, doth usually salute them: through long and irksome 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 severed. Retirements then from active motions, are no way wonderful.    

SECT. XXIII.  

Par. 154. Literature Honourable.  
NOtior Virtute, est Potior Honore: Honour is so Riveted and close Entailed on Virtue; no bartrous Act of Fine or Recovery, can dock or destroy this Right: A Principle in Favour with the most Barbarous. Can Learning be too much Laureated! those who by wearied Study, are Preferred out of Merit, not of Grace; to the State of Spiritual Governors: According to the Apostle, Those of Berea were nobler than 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 Venomous a Peeke; Renting the very Bowels of Learning, to rout the Church: is more than Viperous, even the rudest Silliness.   

Par. 155. The Peerage Requisite.  
AS there are several Rounds, or Orbs of Dignity in the State; for the Honour of Magistracy, and the Encouragement of public 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  in the State.  
Nothing more unequal than Equality; is an Axiom in State: good Revellings, that Gentlemen and Scholars, should turn Antics and Levellers: for Equality in the Church, will invert the whole Fabric; turn every Interest upside down, and do the Business. Fraternities merely Lay, as well as Literate, must be Recouped or brought even: Masters and Fellows, Ancients and Punies, All of a Knot. Neither will the Morris-dance of this Zealous Tumbler, rest there; we must imitate the Church, we cannot follow a safer Light, than the Cassiopaea of Heaven. And then God bye to Monarchy, this levelling Sith, will mow all down: the Gentiness of Lacque-boys with bare Heads and Pages: with the Gaudiness of red Ribbons and long dusty Trains; ushered or Paged up: are mere Giggery and mimical Expense. Nay the Streamers of Sovereignty, and Ensigns of Greatness, of White Staves and Blue Garters, with the Jesse of Honour: And Swords of State, with Maces of Majesty, more useless than Bartholomew Babies. In brief, Lord and Tenant, King and Vassal; All whiffed 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 Fullness of Bliss, Revealed 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 Gaiety, 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 Graced 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 mere Artifice, or Feat of Wit; 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: suits 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 Pander! leave all holy Ordinances, if Babylonish; and turn Nebuchadnezars.   

Par. 158. The Apostolical Compeerage not Argumentative.  
TO enforce an Equality in the Church, from a Parity among the Apostles; is a Classical Cavil, but no authentic Debating: a Precedent not square with Divinity, or well-digested Reason; Law.  
To unblind the world, of this popular Error; we must consider the Church in its 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 Designed, for the Conversion of Souls. Which certainly was than Conceived, the strongest Guard, to subdue Infidelity.  
But when the Church, had got sufficient Strength and Repute; that Distinctions and Precedences were then ordained, is manifest by undeniable Record. For though Peter and John were Eminent Spreaders of the Truth; yet doth St. Paul claim his Place, Alleging expressly, that he was not Inferior to the Chiefest Apostles.  
If no order were among them, then on necessity, more than Raggedness; even Confusion: which were foul Profaneness and grosser Folly, to Conceive. Among the Chosen Ones, Persons specially elected, and Assigned 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 Commandment. 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 trusties, or the Supervisors of the Spirit; will render but withered 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: merely out of petish Pride, is ranting Divinity.   

Par. 160. With Heralds no Eyesore.  
IN Heraldry the Presidency of the Church, no Entailed Dignitary: nor even a Perpetuary or for life, because Degradable: 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 settled Ministry; either Profane or Christian: But what was still governed 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 Enjoined, the Establishment of that Jurisdiction, not only Personally, but successively. Which is even Statute Law to me, that the Office, is not at all, Jure Humano, of Lay Modelling: but its Nativity Divine, and Primitively from Heaven.  
To close up the Diss with this Undeniable Truth.  

The Pastors 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 Frieze Jerkin with the Red Waistcoat; that are Asinin and even Tongueless, at any Scene but Calumny: start up marvellous witty (their mouths full tipped with Satyrism) at such a Prate. And want not a Sting, to club their Clinch; to sully and sutt: according to the 8 of Eliz. One of the greatest States of the Realm.    

SECT. XXIV.  

Par. 163. Temporal Theft an Hanging matter.  
IN Law, in the Paltry old French, Vn Denier ou un maile prise de la Robe; a mite raped from the Person on Travel, invito Domino, by Constraint, is strict Felony. Many other petty 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 Sackbered, (like Cutpursing) strictly fixed 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 spite 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 Heinous.  
AT Common Law, the Felonious Taking of an Hawk, from the Peark, or from a man's 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 Ransacked, her Revenues seized and transmuted into a Lay Fee; without Deforcement, or the least Shadow of Sacrilege?  
To rob the Deity 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 Unfolded.  
ACcording to the Practice of Law, Theft is the Felonious or Fraudulent Taking away, of mere Personal Goods; which if Super duodecim Denarios, above the value of two Testors, 'tis grand Larceny: if under, 'tis Petit; usually punished 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 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 Disclaiming; 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 Public Good of Property.  
For Example.  
If one find another's Goods, if afterwards they happen to be lost, or even Damaged, through wilful Default: the Finder is chargeable to the owner.  
If lost casually, without wilful negligence; or Committed to another's 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 Proof. His own affected Supiness, being the Cause of the Damage.   

Par. 166. The Ecclesiastical Peace, much Tendered in Law.  
THE Famous Statute, so much Admired and talked of by popular Judgements; enjoins 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 framed 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 Temporalty: He that snaps from the one, may pull Judgement (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 named: 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 named. 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 than to delay, settling his Fortune; till the last Groan, devices his Lands in Alexia, to Christ.  

Two Questions.  
1. Whether the Will not void, for the Uncertainty or Dubiousness of Limitation.  
2. If valid: How to be Interpreted.   

Resolved.  
1. That the Devise was Good.  
2. That the Manor (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 Adjudged 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 bestowed on God: the holy Gifts, the old Legists, call Frank-Almoinge or Free Alms: And not so sleazily Removable, as some Spangled outsides fain would have it.  
Presents of Consecration or Grants to the Church, were in Pearlie Times, styled Church-Chesset: As the Rearing of Religion, but now Nugatory Endowing; for that Charity may well be spared, 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 Assured of Heaven.   

Par. 169. Sacrilege the deadliest Crime.  
BY the Common Law, Sacrilege is defined, Le Larcin des choses Sacrees, Theft of Things devoted to a spiritual use: And is deemed, Rettum Gravissimum, the grievou'st offence; for which no Clergy is Grantable. Therefore by the Canon Law, Sacrilegious Thiefs, were Commonly sentenced 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 Sky.    

SECT. XXV.  

Par. 170. If the Church be thrown down: The next Life, will be at the Law.  
BUT what if the Church be skinned, 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 Attained, without being first Grounded with Scholastic Breeding? so that Property must fall with Religion, both Coffined in the same Tomb.   

Par. 171. Law as Spiritible, or Inspirable as Theology.  
AND why may not this Scambling Spirit, enlarge the Inspiring? 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 shouldered, by the Ray or Spark of the Deity; the Spirit.  
I'm sure with the late Usurpers, Bracton was Foolish, and Britton an Ass: Perkins full of Crotchets, and mere 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 than 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, than a Primer; if so high Bred. For had ever these white Souls, been called 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 versify 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 not against these Rocks, in Lessening their own Towl. For Calvinism under colour of Scandal (like the Druids in France, which is Precedent enough) will Allay and Engross many Brangles, and take Grist from the Mill. And what's this but Popery (that's so hotly railed 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 whinelling, be not greeted Crouchingly: And meet more than half way, with a Scraping Courchy; of Hat and Knee: leaden Bolts will soon be Thundered against them. Plasters which neither Heal nor Abate, but ever Hurt and Enrage the Anguish. Pure Romish Doctrine, Translated into a Geneva Mould; Condemned by Parliament, in E. 2. & E. 3. as Treason: That if Majesty cannot be Clouted by Law, then to be Cobbled per Asperiteé: Tossing him to the Cloven Foot, shall do the Feat.   

Par. 174. Consinement to the Proper Walks, politic Modesty.  
LET ecclesiastics 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 Disused; the sequel will be strangely Mischievous. Many will more than Flutter and Flash, with hopes of coming off, without a nip.  
In fine, the late Ruffian Times, when Root and Branch was Threatened against the Law: are Garnishments enough, to Counsel the Professors; how they part with le Guardian del Ley, or Protector of the Law: the Government now Established.    

SECT. XXVI.  

Par. 175. Advice to the Fugitive and Frontless.  
TO draw to an End, I could wish some freekish Stragglers; 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 Christ's Banner, to the Blemish of the Deity, and Blacking their own Souls.  
Some are clear sighted, and can distinguish between Damask and calico: And cannot Stray, without a Check of their Diary; telling them: they must one Day Audit, for the minutest Thought.  
Let me Counsel the Unquiet, or State-Troublers; to leave these Frantic Ranging, and graze within the Hedge: Stolen Pastures (though Sweet) are Rotting and Consumptive to the Soul: Truly these outrageous Affray's on the Church, look frightingly; as Designs to Winless the Buskin, into an Outlandish Nowse.  
Brave 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 Sentenced to the Gaetulian Sands, to dabble in Mud, or Pick Daisies: The State would send them a Pair of Shoes; which if they Refused to wear, the next Token would be a Salamander Salad: more than the Pain of the Boot, or that of walling for Fraudulent Securities.  
But for Explaining myself: I will approve of Tenderness of Conscience, and 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 Physic for Peevishness.   

Par. 176. To the generous Stray's. The Cockerers of Faction.  
LET me entreat the Equestral Order, or Scale of Noble Blood; to Study themselves? 'twas no less than the Advice of the Oracle. In the whole Compass of Nature, no Creature so well worth our Acquaintance; as the knowledge of ourselves: They will then quickly learn, without Parling with Feud or Faction; by the inborn Tutoring 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 Judgement Final? And must we now mutter against our own Act, Reneage and turn Runnegadoes; because the old Truth is Trump, and Falsity gleeked.  
At this Rate there will be no end of Controversy; 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, Barratry.   

Par. 178. To the whole Bunch of Dissenters in General.  
IN fine, let the Universal cluster of Contrarients, Ponder but the late Chaps and Changes of Government: with the 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 forced to return, to the forsaken Establishment. Which is a sufficient Conviction, to open Eyes and Hearts unseared; 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 pleased with Dark Lanterns: after so long a suspension, held up by the bloody Hand; undoubtedly it had never been Restored.   

Par. 179. A Seasonable Cautel to General Counsels.  
THE Duty and great Honour, of public 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 Vnvote, at the Peekingness of every prick-cared Creeper; Is more than 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 Bitten with Sedition, they become Frantic. Every one Broaching, what Destructiveness they please: the most Absurd and Damnable, the purest Spirit.  
2. In State.  
'Tis an Encouragement, to Congeal their Frenzy: when in Bustle and Baffling, they may procure Liberty; when will the Law be observed? '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 Maimed and Resisted.  
Diversity of Religion Destructive to Monarchy.  
Hardly Peace in the State, without Unity in the Church: is an approved Maxim. Contrariety of Judgement, in Spiritual Matters (wherein should be the fullest Assent) Disjoynts the Affection; makes Parties and several Factions: for though Teeth outwards, they may appear somewhat Courteous 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 Republics, Consisting of Trucking Nurture; one Size of State: Studious only to amass, and hoard 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 feared their Shafts, will be too Busy; and if not Buttoned, too Bold and Dangerous: Like the Heat of the two Competitors, 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 Judgement of several Acts of Parliament; 'tis against the Safety of the King's Soul: And Sedition like Murder, can hardly Conceal long; it must out, though to the Ruin 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 far worse, than 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 Valiantest; into more than 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 cocked up with Indulgings, 'twill vaunt more ragingly in Churling: And glory to Alarm Church and State, with Continual Disliking: which shall always unsettle the one, and Disquiet the other. So that (through remiss Cockering) we shall never Enjoy Religion, nor indeed Peace.  
5. In Politic Prudence.  
To keep Peace on the Hinge, the surest Contrivance, is to cherish Obedience to Law: If some few inconsiderable Wretches are Pleased, the Solider and better Part; will be Disobliged: then their Dissenting, may prove as Fearful, and more than 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 aught 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 Fetched off, with easy yield to Ignorance and Pride: Muffling their Passions, from open Rave, 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 Destroyed: 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 Amplify Princedoms, then Sticking close to Unity in Religion.  
Liberty of Conscience: O sad Juggle! a Sophism of Delusion; and impossible to be Allowed; 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 happily a Session of Wits can Redress: Give but an Inch, and under Colour of Dispensation (such is the Malapertness of Cockered Schism) they'll 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'm struck to the Heart, that so Gallant a Prince, as the Majesty of England; should be thus Abused: That no Acts of Grace, no softness of Temper; should prove dissuasives sufficient, to silence the Froward: But rather Condensate and brazen their Impiety.  
— but it hath been Told,  
Though rushy Anchors break, iron will Hold.  
Forbearings signify no more, than words written in Water.  
If the Galaxy or milky Monishing fail; persevering in Ecclesiastical Unity, will pick stubborness out of the Breast: And spare legal Buffet 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 overturned: for every Hothead 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 Universal Designments, of all the Whinings and Soothe, 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 Sentenced to Chains of Darkness.   

Par. 183. The Conclusion.  
1. TO Conclude: the State having been too much Bruised, through so lame a Patrociny. No Satiric Fume, or sporting Vein, through Florridness of Style; to bait the poor beguiled Ramble: No swelling Thoughts, to Enlarge my Privacy; through Romantic Pride, to look Big in Print: Sneakingly to Creep, or Curry Favour with Parmenio: Hath occasioned this Emparlance. But merely the Impulse of Conscience, out of the Allegiance I own to the Church, to lay the Spirit of Error, for the safeguard of the 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; used out of necessity, because Adapted by Law: not foisted in, out of the Common Fondness; that admit of no Complete 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 Shuttlecocks: nor indeed the Prying of the severest Censor; being Conscious of my own Candidness, having made no Breach of Charity or Civility: conceiving Huffing and Durting (Billingsgate Arguments) will never make a Proselyte: And therefore forbore all Tartness of Expression; more than 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 iambics 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 bleared by Faction: for I handle them, without Levity or Gibery; with the Julip of Bowels, (without the least Cram 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 Cozenage; of this holy Imposture.  
5. The Discourse in the Bulk, being purely 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 Slipping: 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 bombast Phrases, or Perfuming it with Flattery; the Cardinal Doctrine of Sedition.  
Neither can I surmise, that the sourest or peevish'st Person alive, that advises with Civility: will be in the least offended, at these Debates; being no more, than a Modest Defence, for the King, Church, and Law of the Land: which the Lowest, are not only obliged, in Thankfulness for their Protection, and Enjoyment of Peace: But formally bound up by Oath; to honour and yield Obedience.  
6. If proscribed by the Orthodox, I shall lend my Hand, to the ostracism: And that the Church, might be Indemnified, rest Pleased, and rejoice in the Proscription.  
May the great God of order, reclaim these turbulent Rangers: from being any longer Gulled, with the flashy Saintings of Delusive Clouds: to our Sorrow, and their own Ruin.  
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.    
FINIS.   

'TIS desired the slips of the Press might be Corrected, before the Perusal: that the sense of the Author might not be Mistaken.  
Misprintings.  
PAge 91, line 11. for from Appearance, read his Appearance, p. 114, l. 16, for Nicety, r. Nicety, p. 115, l. 8, for Statude, r. Statute, l. 13. for by ome, r. some, p. 117, l. 23, for or Assign, r. or make an Assignee, p. 126, l. 13, for by an, r. by any Act or Deed, p. 138, l. 13, for Talleg. r. Tallag. p. 174, l. 12. for Back, r. Bank of Reason, p. 213, l. 12, and Estate, r. and the Estate, p. 286, l. 14. for overture, r. overtness, p. 300, l. 15, for from r. for.   

The Contents of the Sections of this BOOK.  

Sect. I. THE Occasion of this Discourse. Page 1  
Sect. II. Prelacy a graceful Prop or Column to Nobless. Page 10  
Sect. III. Tidling overfond and Dangerous. Page 21  
Sect. IV. To pride ourselves sager than Law: is both vain and unmannerly. Page 32  
Sect. V. Sophistical Cavils or idle Belchings against the Common Law. Page 46  
Sect. VI Complain against Equity. Page 55  
Sect. VII. The supposed Deformities and very Freckles of the Common Law: Inspected and washed off. Page 63  
Sect. VIII. The whole Scheme of Law Disquisited and Affirm'd. Page 89  
Sect. IX. Groundless Cries against the Pontificial and Civil Law. Page 95  
Sect. X. Murmurs against the Meritorious, Page 100  
Sect. X. Captious Brabling against Courtiers. Page 120  
Sect. XI. Kingdoms Resembled to Families, where the Troublesome are thrown out. Page 140  
Sect. XII. Ceremonies Expostulated and Asserted. Page 144  
Sect. XIII. The Pilot of the Soul, for his careful steerage: is worthy of Double Honour. Page 156  
Sect. XIV. To be Incumbent of Live is neither Gluttonous nor Greedy, Page 173  
Sect. XV. A Curious Conscience Condemned. Page 177  
Sect. XVI. Mis-conceivings and mis-Teachings, Dissected and Resolved. Page 204  
Sect. XVII. Church Disquieters Prosecuted, not Persecuted. Page 224  
Sect. XVIII. Severity no unadvised Precept or Club-Law. Page 231  
Sect. XIX. Vnpractical Actings ill Precedents, and Dangerous to Resolve. Page 238  
Sect. XX. Mistakes Examined, and the Truth Cleared. Page 247  
Sect. XXI. The Ministers of Devotion, by the Minstrels of Sedition, Tabered down: As the Dormitories of Owls and Gorguts. Page 261  
Sect. XXII. Upbraid against Church Lands. Page 272  
Sect. XXIII. Literature Honourable. Page 275  
Sect. XXIV. Temporal Theft an Hanging matter. Page 284  
Sect. XXV. If the Church be thrown down: The next Lift, will be at the Law. Page 292  
Sect. XXVI. Advice to the Fugitive and Frontless. Page 297   
THE END.