Legislative Power IN PROBLEMS, Published for the INFORMATION of all those who have constantly adhered to the GOOD CAUSE: AND For the Reformation of all those who had embraced the BAD CAUSE. BY PETER CHAMBERLIN Doctor in Physic. LONDON, Printed by John Clowes 1659. PROBLEMS. 1. WHether God or Man, Jesus Christ or a Parliament have the Supreme Authority of England? 2. Whether it be lawful to say that Jesus Christ is the One Lawgiver? Ja. 4.12. Is. 33.22. Or, whether that Epistle and Prophecy are Apochryphas in England? 3. Whether it be not Treason to say Parliaments are not Lawgivers, or have not the Legislative Power? 4. Whether if Jesus Christ and the Parliament are both Lawgivers, there be not more Lawgivers than ONE? 5. Whether Parliaments have known what to do with this Law-giving or Legislative Power? And whether it hath not been a Burdensome-stone to Kings, Zech. 12.3. Parliaments, Armies, Protectors, Councils and People? and hath not been rossed up-and down from the One to the Other, like the Atk of God stolen from Eben-Ezer and set up by Dagon, and so carried from Ashdod to Gath and Ekron, till it returned to Israel again? 6. Whether it was not greater Policy and Wisdom in Lycurgus, Numa Pompilius, and Mahomet to entitle their Laws to the Oracle of Apollo, the Nymph Egeria, and the Holy Dove? And whether the people became not more conscientiously obedient thereto, then when Parliaments entitle Laws and Legislative Powers to themselves; yet acknowledge it Derivative, which necessarily renders them obnoxious and accountable to them from whom they derive it? 7. Whether it were not better for Parliaments to accept of the Legislative Power of Jesus Christ, and of the Law, Statutes, and Judgements ready offered them from God. with the whole Platform of Government prepared by the Word of God, and practicable within one Month, and easy to be established: Ezek, 22: 27. then still to be overturned, overturned overturned, and trouble and hazard themselves and the Nation, to find out another Legislative Power and other Laws, whichlast no longer than the Men that make them: nor that but during the Power of the Sword? 8. How much blood and Treasure had been saved, had the Parliament been pleased to acknowledge the Legislative Power of the Lord Jesus Christ, Ja. 4.12. Is. 33: 22. 1 Tim. 6.15. Deut. 1.17. & 17.18.19. 2 Chr. 19 6. the only Potentate, the King of Kings and Lord of Lords: and the Law Statutes & Judgements of Almighty God? 9 Whether it were not far more honourable for Parliaments to have their Authority from God, in judging for God by the Laws of God: then derived from Kings (as some would have it) or (as others say) from the People, who themselves never had it; but conceit it their Due, because acknowledged by Parliament: and so conceive that Parliament men cozen them of their due? 10. But if it must be acknowledged that Jesus Christ and the Parliament have each a Legislative Power, Whether do they both give One and the same Law? 11. If One and the same, Whether the Prerogative of Jesus Christ or of a Parliament ought to take place in calling the Law by their Title whose Prerogative it is? Act. 4.19 5.29. 12. If it be different, Whether it is more lawful to obey God or Man, unless Jesus Christ be not God; or His Law not God's Law? 13. As it is more honourable for Parliaments and more sure to have their Authority from God than man: So whether it be not more honourable and safe for the People to be governed by the Law of God than Man? And whether it doth not more bind andasatisfie the Conscience, as being the very Answer of every Man's Prayer (though some know not what they say) that God's Kingdom might come, and His Will might be done in Earth as it is in Heaven: Matt. 6.10. rather than be enslaved one sort of Men to another: and often times the best and most peaceable, to the most unjust and Tyrannical? whereof the most formidable hath been a single person, though He that makes all men afraid must needs be afraid of all men? 14. Whether it be not easier and better to be governed by a Law which every Child knows, then by Laws which all the wise Lawyers, Sergeants and Judges of the Land know not? 15. Whether the Scriptures of the Old and New Testament thwart each other? Or, whether they both agree to be the Faithful and Authentic Records of the Law of God? 16. If not, Why are they suffered to disturb the Conscience of Honest Men against any Government that is not according to that Law? 17. If any part of those Scriptures eaten false, Why do not our Teachers Teach and Rulers command those places to be left out? And why the Assemblies of Divines both of England and Scotland do own them, and yet publish in Print such notorious and manifest contradictions against them, in some particulars of their Confession of Faith and Catechisms? And whether the Pope, who hath left out and changed some places of Scripture which made against him, (though he assume to himself an Authority above them) hath not dealt more honestly with his People herein then some of our Teachers and Rulers have hitherto done with us? 2 Tim. 3.16, 17. Rom. 15.4. Exo. 20.1.31.18.34.1.4. Deut. 5.22.9, 10. 10.2.4. Lu. 19.14. Mal. 3.6. Heb 1.12, 13.8. 18. But if all the Scriptures are complete, as given by Inspiration of God: Whether is that Text to be believed, which saith the Law is Holy, Just and Good, Rom. 7.12. And why do not men so own and obey them? Or can we say the same of the Acts, Laws, and Statutes of the Land? 19 Whether the ten Commandments spoken by God, and twice Written with the finger of God: Ordinarily taught to Children, and written on most Church Walls and Windows; and acknowledged so in all Confessions and Catechisms, are not the Law of God? 20. Whether God be bound to make any other Law for Mankind any more than He is bound to give an other Messiah to the Jews, because they will not have this Man to reign over them? 21. Whether Time or Place, Nation or Sex alter that Law? or whether God be altered that made it? so that, What was Idolatry, Blasphemy, Murder, Adultery, Theft or Falso Witness so long ago in Palestine among the Jews; is it not so now in England among the Gentiles? 22. Whether King David knew what he said, when he affirmed the Law of the Lord is Perfect, His Statutes Right, and his Judgements True and Righteous altogether? Psal. 19.7, 8, 9 And whether Moses and Solomon knew what they said when they Commanded Men neither to Add nor Diminish? Deut. 4.2. & 12.32. Pro. 30.6. And whether God Himself (may it be spoken with reverence to shame this wicked World) knew what He did when He Commanded Joshua, as Moses also Commanded Israel from the Lord, that they should turn neither to the Right Hand, nor to the Left? Jos. 1.7. Deut. 5.32. & 17.20. & 28.14. Or indeed, whether Lawyers or Judges or any humane Authority know what they say, or what they do, when they say the Law of the Lord is imperfect, and that they must and do Add and Diminish: and that they Will and Do turn both to the Right Hand, and to the Left: and will Make and Compel others so to do also? 23. Whether the Statutes and Judgements Recorded in the Old and New Testament: or the Statutes and Judgements Recorded in Parliament, & Courts of Record do most properly belong to the Law & ten Commandments of God: Or whether the great God was Wise enough to appoint Statutes and Judgements for His own Law? 24. Whether Moses meant God's Statutes and Judgements to be fit for all Nations, when he challenged all Nations to Compare with them? Deut. 4.8. 25. Whether the Apostle Paul meant the Law of God, when he pleaded the things contained in the Law to be by Nature written in the Heart? and whether ●e meant the Statutes and Judgements of God, when he brought the Conscience bearing Witness, and men's Judgement or Reasoning Thoughts (as Judges) Accusing or Excusing? Rom. 2.14, 15. 26. Whether our Maxim in the Law of the Land, mean the Law of God as it is in the Old and New Testament, with the Statutes and Judgements thereto belonging? Or whether there be any other Law of God, that is or can be meant, when it saith that Whatsoever is contrary to the Law of God, is Void, ipso facto? 27. Whether (ipso facto) All other Laws but the Law of God are not void since it is the Statute of God, that none should Add nor Diminish, Exod. 4.2. & 12.32. Pro. 30.6. Rev. 22.18, 19 Nor turn to the Right Hand, nor to the Left? Jos. 1.7. Deut. 5, 32.17.20.28.14. 28. Whether God 's Law be not the Fundamental Law of all the World? 29, Whether God's Law be not the Fundamental Law of England? 30. If it be true which some of our Judges and Lawyers have said, that Reason is the Fundamental Law of the Land: whether the Law of God be not that Law of Reason, unless Parliaments, Judges, or Lawyers can show a Law more Reasonable? 31. If it be true what Judge Jenkins in Print, and others have said that Precedent is the Fundamental Law of the Land: Whether any can show more Authentic Precedents than the Law of God throughout the Scriptures? 32. If Antiquity (as some) plead to be the Fundamental Law of the Land: Whether any Hictory in the whole World can show any Law more Ancient, or, by many hundred of years, so Ancient as the Law of God? 33. Whether our own History and Chronicles do not in particular relate that King Lucius, and King Alfred did set up the Law of God to be the Law of this Land? And if so, Whether have we any Law of the Land more Ancient than their Reign? 34. Since then the Law of God is the Law of Nature, the Law of Nations, the Law of Reason, the Law of Precedent, the Law of Antiquity, Rom. 2.14.15. Deut. 4.8. and by all these the Fundamental Law of the whole World, and by our own Maxim the Fundamental Law of England: And that whosoever Opposeth, Contriveth, Acteth, or Abbetteth in any thing against the Fundamental Law of England, is guilty of the highest Treason, and by all means Ordinary or Extraordinary to be Cutt off: Why will some go on to Act, Execute, and Contrive Laws, Statutes and Judgements contrary to the Law of God; against their own Heads, and most certainly against their own Souls? For if God spared not a King, a Vice Roy, an Arch Bishop, and divers Nobles for sinning against no Ordinary Law of the Land: how shall meaner persons escape if they sin against All? 35. Nevertheless whether all the Laws and Execution of Laws of this Land are not Different or Contrary to the Law of God; Let every man speak what he hears and sees and feels? Oh the Divine Law of God? Oh the Devilish Laws of Men? What Good is not in the Law of God? what Evil is not in the Laws of Men? 36. Whether is not the sum of God's Laws, Love, & the Execution Do as you would be done by? doth it not end all suits in a day, & pays all Debts without Arrests or Imprisonments, and might be practicable throughout the Land in one month? 37. Was there ever suits for Title of Land heard of in all the worst of Kings of Israel? And where is ever a Suit in Chancery among the vilest Barbarians? Might not Justice be Ordered throughout the Land by the Law of God in a month, and is our Justice in order to this day? And where was ever any Family free from Suits in England? 38. Are not the Laws of men Innumerable, causing Strife, and Contention, Theft and Murder? O Blessed Holland, the worst of all Lands, yet made an Artificial Paradise by industry and Government? Oh Happy England the Garden of the World, but most accursed in Government beyond all other Lands, until amended by God and our Governors? 39 What do Privileges signify, saving thou shalt not Steal, but I may; with two supportors. 1. Valet factum quod non valet fieri, Things done are lawful, which are not lawful to be done; the 2 an Act of Indemnity or Oblivion signifying Steal no more till next time? 40. What doth Possession signify to be a 11 Points of the Law, but catch that catch may, that none should play the Thief but hold fast, so that a Posse Comitatue can hardly restore it to the right owner? Oh the Vile Law of Men? 41. Whether Soldiers have not several times with their Officers, Vowed and attempted to Free the Nation, and hang up the Lawyer's Gowns by the Scottish Colours, which boasting was answered by the Author, that when Lawyers were Cajoled out of Westminster-Hall by Soldiers with their Tongues, than Soldiers should be Cudgeled out of the field with their own Scabbords? 42. Whether the first noise of Reformation made not the Inns of Court as empty of Lawyers, as now the Temple Trees are empty of Rooks, in token that Lawyers and Reformation are inconsistent? 43. Whether every Family in England, doth not curse both Laws and Lawyers of England, and that (for the most part) not without cause? Yet whether some bigotteed Lawyers do not think as the Rulers in John 7.49. That Moses Christ and Paul with their Followers were accursed that knew not the Laws of England's? 44. What Laws are practised in England, that are not the Remains and Relics of Antichristian Superstition and Tyranny, according to the Ignorance of our Forefathers? And whether they are not contrived to maintain Tyranny, every Lawyers, and empoverish the People? 45. Whether most of the great Lordships in England are not gotten into the possession of the Families of Lawyers since Queen Elizabeth days, that Sergeants went a begging for Clients in Paul's, and to be entertained for ten shillings? 46. Whether any can have Justice, or go to Law without money? and whether the Proverb be not true; the Law is Costly? 47. Whether he that must deliver his Purse upon the High way, or he that must deliver the best part of his Estate in a private Study have the better choice? 48. Whether Lawyers do it upon a Gospel account when they teach men by Experience to give the Coat also rather than go to Law: Mat. 5.40. proving that half a Loaf is better than no Bread? 49. Whether two or three Millions are not spent in Law, and whether it be not better deserved of the Army and Navy, since the one enslaves us to the Norman Tyranny, and the other hath given us some Breathe of God? 50. Whether the Hercules Pillars of the Law be not the Chancery, and of the Chancery an Arbitrament, if not life! and when people will be wise to see this? 51. Who ever got by Suits in Law besides Lawyers and wicked men: for if Justice were done, what had the honest man but his own, made now more precious to him by his Vexatious trouble and charges? And if Injustice were done the Knave and the Lawyer shared stakes? And whether our Laws be not contrived to fill the Lawyer's Coffers, and satisfy Revengeful Minds, and Tyrannical Purses; And when it will be otherwise, since they are always uppermost to share in making as well as executing their own Laws? 52. Whether Lawyers pretend best for the Laws, when they say their Law is good, but blame the Corruption? Or when they say their Law is good, but blame the Execution (their Courts and Judges)? As if a Law could be both Good and Corrupt: Or a good Law could have bad Execution, for if men Execute the good Law, they Execute what is good: If otherwise, they Execute an Evil. But being beaten out of all these lurking holes, at last they endeavour to Anchor in the Law of God, and say it is ACCORDING. Do not they then infer that the Law of God is most perfect, when they hope for justification of theirs, by being but ACCORDING? 53. What Benefit have we by the Law of the Land? 54. Is any man's Person safe when his life lies at the mercy of any one Perjured or Malicious Villain that will swear him out of it at the Sessions? o● is that Law to be valued by Englishmen, that value an Englishman but at 13 pence-half-penny? Is that Law to be Adored which like Esop's Stock devour the ●roglike Adorers that are fond of it, so that if an Attorney Gen. were let lose to plead their own Laws, no Head could be safe on any man's Shoulders in Army or Parliament? and this can be by every Puny demonstrated. 55. Is any man's Estate secure, when his utmost satisfaction being cheated of it, is but to have the Tip of the Cheater's Ear, if he can get it? And if he be rob of it, he may for the bestowing of more time and money, see the thief swing in a halter, and all what he hath forfeit to the State? Or if he please be hanged himself for receiving his own stolen Goods, if he be not wary in the doing of it? 56. Is any man's good name safe when it is lawful to accuse him of all villainy in Chancery Bills or at Sessions? 57 Is any man sure of Liberty, (though it be the Pedro Inganno's Box so often held up with the Title of Salus Populi, and so dear paid for with Blood and Treasure:) Whereas it lies at the Mercy of Arrests and Imprisonments by every malicious Knave that will be at the charge of a Luo Minus, a Latitat, a Capias, a Writ of the Counter, or a Bill of Middlesex? 58. Whether all these Glorious Laws and Privileges are worth two Millions a year to the people? And whether the Army and Navy do not better deserve it? 59 Whether the People can be said at all to have their Liberty, when two or thee Lawyers keep it? Or whether Trade can prosper so long as Excise, Assessments, and Taxes continue? 60. Whether Excise and Taxes are occasioned by the Army since Offers have been made to maintain the Army without them? 61. Whether some do not find it sweeter to continue Taxes, then to hearken to Dr. Chamberlin for the taking them off? And whether they be not sure that the people will be content to be always Taxed, though the taking off Taxes and Excise might very much quicken Trade? 62. Whether there be not a great Gulf between the Army and People, since it could swallow up some years two Millions of Taxes between the Payer and Receiver? 63. Whether the Bottomless-Pit be not somewhere near England, when almost all Ireland and Scotland, and most of the Kings, Bishops, Deans, and Chap. and Delinquents Lands, Estates, and Houses: besides about 60 Millions of the People's Treasure are gone: Yet the Parliament never the better for it? 64. Whether Quintus Curtius ever attempted a greater work in closing up the Gulf at Rome: then the Author who offers to close up this Gulf which seems to grow wider and wider? And who knows what will become of us if the Parliament leave us in May next, and leave this Gulf open, when there are no more Ireland's, nor Scotland's, nor such great Estates, nor so many Jewels and Millions in England lest to be thrown in? 65. Whether the Army have not been the Parliament and People's best friend in time of need? 66. Whether the Soldier who fought against the King, or all the Lawyers who were and are for the King, and fled to him in the Wars, leaving their desolate places to Women; be the best Commonwealths Men? 67. Whether the Army be not the Representative of the Power, as the Parliament of the Authority of the People? 68 Whether it be not fit for Power and Authority to Unite together? 69. Whether Oliver left not the experience of which is strongest if they divide? 70. Whether when we are divided France may not Alarm England whilst Spain takes Ireland? Then whose friendship can we invite but the Plump Hollanders, if not too late? 71. Whether our Laws and Lawyers will not more and more divide them, and help on the work of the Jesuits: for where can he find better shelter, then under a Bar Gown? 72. Whether a Kingdom divided can stand? 〈◊〉. 26. 73. Whether it be possible to unite them, but by the Legislative Power of Jesus Christ, and the Law of God? 74. Ezek. 21.27. Ps. 2.6. Jo. 5.44. Whether God be not bound by His word to overturn, overturn, overturn, King's Parliaments, Armies, Protectors people, till Jesus Christ be set up upon his Holy Hill? 75. Whether Men can believe this that receive honour one from another, and not that honour that cometh from God only? Jo. 5.44. 76. Exod. 18.21. Act. 19.25. Ast. 5.39. Matt. 7.12. Ps. 50.22 Luke 19 Whether ever men that receive 1000 li. 5000 li. 10000 li. per annum by these Laws, will consent to a Law that gives up their place and Office to Men of Truth, Fearing God and hating covetousness? And whether it will not be worse than the self denying Ordinance? and whether they will not know that by this Craft they have their wealth, and cry up great Diana of the Ephesians? Oh the admirable Law of God Oh the prodigious Law of Man! When will men leave fight against God? Oh the Divine Law of God, which teacheth all men to do as they would be doneby! Oh the devilish Law of men, where we can have no peace or safety in Body, Goods, or Mind! Leave off for shame ye Prodigies of men that resist the Holy Ghost and fight against God: Lest he tear you to pieces and there be none to deliver: lest he say, Bring those mine enemy; before me that would not have me to Reign over them, and slay them before my Face. Lest the fury of the People and Army, and tumultuous rage of the poor be made Vials to power out the vengeance of God upon you. Have we not Clouds gathering beyond the Seas? Have we not gripe in our Bowels at home? Is any Man in England this day satisfied? Have we not Jesuits spawning over all the Land? Is not Trade decayed and Money fled away into all parts beyond the Seas? 77. And what King, Judge, or Commonwealth did ever come near the keeping of God's Law, whom God rewarded not with Safety and Honour, long Life, Peace and Prosperity? 78. And what Law did or could ever cause a people to dwell in peace and safety, every man under his Vine, and every man under his Figtree, eating and drinking and making merry; And Silver to be as Stones in Jerusalem, save the Law of God only (1 King. 4.20.25. & 10.27.) And when Men remember that Law (Mal. 4.4.) as remembered it shall be when the little Stone becomes a great Mountain (Dan. 2.34, 35.) when his Kingdom shall come, and his will shall be done in Earth as it is in Heaven. (Matt. 6.10.) than it shall be so again? Mica 4.3, 4. Oh how blessed and happy a thing it were that God would grant Wisdom to this present Authority, Ja. 1.5. Ps. 2.10. Deut. 1.17. 2 Chro. 19.6. Deut. 15.32. & 17 20. & 28.14. Jo. 1.7. Amos 5.24. Dan. 2.24, 25. Rev. 5.10 Matt. 6.10, Rev. 9.1.11. Rev. 13.1.11. Is. 1.26. Psa. 144.14. and power to kiss His Son: and be no more the Representatives of Man; but the Representatives of God, to Judge for God, by the Laws of God without respect of persons, turning neither to the right Hand nor to the left, and be Crowned with the glorious Title of LIBERATORES ANGLIAE, and not CUSTODES LIBERTATIS. Then should Righteousness run down as a mighty stream. And they be Judges as at first, and Counsellors as at the Beginning. Then shall the little Stone fill the whole EARTH, The Saints shall Reign on EARTH. God's will shallbe done on EARTH. No more shall Apolluon, Abaddon Scorpionize Men. No more shall Beasts arise out of the Sea or Earth to Stygmatize men. Then shall the Oppressor cease, and no more complaining be heard in the streets. Taxes should be no more, And Trade and industry should abound more than in our Neighbours blessed Beehive. The poor should have bread, and the Army no more in Arrears, Prison doors should be open, and Debtors satisfied without Arrests. The youth and flower of our Nation instead of being infected with the crabbed nonsensical study of the Laws, or drawing straight lines by crooked Rules, raise up their noble Fancy to the wisdom of Arts & Arms, The Depths of Nature and knowledge of the whole world, to the Honour of God and themselves, and not imbesling but enriching of their Estates and Posterity; Then Peace and safety, plenty and prosperity should overflow the Land. For I P.C. as a Servant & Witness of the word of God, do Testify with my right hand lift up to Heaven, that if our present Parliament and Army shall hearken to the Word of God and fulfil the humble desires of his servant, That all these blessings shall immediately ensue: But, if they despise and harden, God will overturn and make them desolate, as in the twinkling of an eye. And will raise up an other Authority and Power more wise and glorious on whom he will power his Spirit, and they shall do these great things, and more. For the Mouth of the Lord hath spoken it. Isa. 1.20. & 40.5.58.14. Read and Believe, or Read and Tremble.