Law gives no remedy) why am not I in this cafe Supreme, and may therefore right myself.

2. A Duke ought to fight with a Gentleman; the reafon is this, the Gentleman will fay to the Duke, 'tis true you hold a higher place in the State than I; there's a' great diftance between you and me, but your Dignity does not privilege you to do me Injury; as foon as ever you do me an Injury, you make yourfelf my equal, and as you are my equal I challenge you; and in fenfe the Duke is bound to Anfwer him. This will give you fome Light to understand the Quarrel betwixt a Prince and his Subjects; tho' there be a vaft diftance between him and them, and they are to obey him, according to their Contract, yet he hath no power to do them an Injury; then they think themselves as much bound to vindicate their Right, as they are to obey his Lawful Commands; nor is there any other measure of Justice left upon Earth but Arms.

Epitaph

Apitals mule; for Man to lay all the ExcelN Epitaph must be made fit for the Perfon for

a

lent things that can be faid upon one, and call that his Epitaph, is as if a Painter fhould make the handfomeft Piece he can poffibly make, and fay 'twas my Picture. It holds in a Funeral Sermon.

1.

Equity.

Equity in Law is the fame that the Spirit is in

Religion, what every one pleases to make it; fometimes they go according to Confcience, fometimes according to Law, fometimes according to the Rule of Court.

2. Equity

2. Equity is a Roguish thing; for Law we have a Measure, know what to truft to, Equity is according to the Confcience of him that is Chancellor, and as that is larger or narrower, fo is Equity. 'Tis all one as if they fhould make his Foot the Standard for the Measure, we call a Chancellor's Foot, what an uncertain Measure would this be! One Chancellor has a long Foot, another a fhort Foot, a third an indifferent Foot: 'Tis the fame thing in the Chancellor's Confcience.

3. That faying, do as you would be done to, is often misunderflood, for 'tis not thus meant, that I a private Man fhould do to you a private Man, as I would have you to me; but do, as we have agreed to do one to another by publick agreement. If the Prifoner fhould afk the Judge, whether he would be content to be hang'd, were he in his Cafe, he would anfwer no. Then fays the Prisoner, do as you would be done to; neither of them muft do as private Men, but the Judge muft do by him as they have publickly agreed; that is, both Judge and Prifoner have confented to a Law, that if either of them fleal, they fhall be hang'd.

1.

"H'

Evil Spraking.

E that fpeaks ill of another commonly before he is aware, makes himself fuch a one as he fpeaks against; for if he had Civility or Breeding, he would forbear fuch kind of Language.

2. A gallant Man is above ill Words; an Example we have in the old Lord of Salisbury (who was a great, wife Man) Stone had call'd fome Lord about Court, Fool, the Lord complains, and has Stone whipt; Stone cries, I might have called my Lord of Salisbury Fool often enough, before he would have had me whipt.

3. Speak

3. Speak not ill of a great Enemy, but rather give him good words, that he may ufe you the better, if you chance to fall into his Hands; the Spaniard did this when he was a dying; his Confeffor told him (to work him to Repentance) how the Devil tormented the wicked that went to Hell; the Spaniard replying, called the Devil Lord : : I hope my Lord the Devil is not fo cruel. His Confeffor reproved him. Excufe me, faid the Don, for calling him so, I know not in what Hands I may fall; and if I happen into his, I hope he will use me the better for giving him good words.

my

1.

TH

Excommunication.

HAT place they bring for Excommunication [Put away from among your felves that wicked Perfon, 1 Cor. 5. Cha. 13. Verfe.] is corrupted in the Greek, for it should be, To Topor, put away that Evil from among you, not rov Tempèv, that Evil Person. Befides, monpos, is the Devil in Scripture, and it may be fo taken there; and there is a new Edition of Theodoret come out, that has it right To Tompor. 'Tis true the Chriftians, before the Civil State became Christian, did, by Covenant, and agreement, fet down how they fhould live; and he that did not observe what they agreed upon, fhould be Excommunicated. Such Men are spoken of by the Apostle [Roman 1. 31.] whom he calls. ἀσυνθέτους καὶ ἀσπόνδους, the Vulgar has it, Incompofitos, fine fædere; the laft word is pretty well, but the firft not at all. Origen, in his Book against Celfus, fpeaks of the Chriftians van the Tranflation renders it Conventus, as it fignifies a Meeting, when it is plain it fignifies a Covenant, and the English Bible turned the other Word well, Covenant-breakers. Pliny tells us, the Chriftians took an Oath amongst themselves to live thus, and thus.

1

2. The other place [Dic Ecclefiæ] tell the Church, is but a weak Ground to raife Excommunication upon, efpecially from the Sacrament, the leffer Excommunication, fince when that was fpoken, the Sacrament was inflituted. The Jew's Ecclefia was their Sanhedrim, their Court: fo that the meaning is, if, after once or twice Admonition, this Brother will not be reclaim'd, bring him thither.

5. The firft Excommunication was 180 Years after Chrift, and that by Victor, Bishop of Rome: But that was no more than this, that they fhould Communicate and receive the Sacrament amongst themselves, not with thofe of the other Opinion: The controverfy (as I take it) being about the Feast of Eafter. Men do not care for Excommunication, because they are fhut out of the Church, or delivered up to Satan, but becaufe the Law of the Kingdom, takes hold of them. After fo many Days a Man cannot fue, no not for his Wife, if you. take her from him; and there may be as much reason, to grant it for a fmall Fault, if there be contumacy, as for a great one. In Weftminster-Hall you may OutJaw a Man for forty Shillings, which is their Excommunication, and you can do no more for forty thoufand Pounds.

4. When Confiantine became Chriftian, he fo fell in love with the Clergy, that he let them be Judges of all things; but that continued not above three or four Years, by reafon they were to be Judges of matters they underflood not, and then they were allowed to meddle with nothing but Religion; all Jurifdiction belonged to him, and he fcanted them out as much as he pleas'd, and fo things have fince continued. They Excommunicate for three or four things, matters concerning Adultery, Tythes, Wills, &c. which is the civil Punishment the State allows for fuch Faults. If a Bishop Excommunicate a Man for what he ought not,

the Judge has Power to abfolve and punish the Bishop; if they had that Jurifdiction from God, why does not the Church Excommunicate for Murder, for Theft? If the Civil Power might take away all but three things, why may they not take them away too? If this Excommunica tion were taken away, the Presbyters would be quiet; 'tis that they have a mind to, 'tis that they would fain be at. Like the Wench that was to be Married; fhe afk'd her Mother when 'twas done, if the fhould go to Bed prefently; no, fays her Mother, you must dine firft, and then to Bed Mother? No, you must Dance after dinner, and then to Bed Mother? No, you must go to Supper, and then to Bed Mother, &c.

I.

TWAS

Faith and Works.

WAS an unhappy Divifion that has been made between Faith and Works; tho' in my Intellect I may divide them, just as in the Candle, I know there is both Light and Heat. But yet put out the Candle, and they are both gone, one remains not without the other: So 'tis betwixt Faith and Works; nay, in a right Conception Fides eft opus, if I believe a thing because I am commanded, that is Opus.

1.

Fatting-Days.

HAT the Church debars us one Day, fhe gives us leave to take out in another. First we faft, and then we feaft; firft there is a Carnival, and

then a Lent.

2. Whether do Human Laws bind the Confcience? If they do, 'tis a way to enfnare: If we fay they do not, we open the Door to Difobedience. Anfw. In this cafe we muft look to the Juftice of the Law, and intention