Tracts on Liberty by the Levellers and their Critics Vol. 7 (1650-1660)

David M. Hart

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Published by Liberty Fund, Inc.

David M. Hart, Tracts on Liberty by the Levellers and their Critics Vol. 7 (1650-1660) [2018]

Edition used:

Tracts on Liberty by the Levellers and their Critics (1638-1660), 7 vols. Edited by David M. Hart and Ross Kenyon (Indianapolis: Liberty Fund, 2014-2018). Vol. 7 (1650-1660).

Editor: David M. Hart

Editor: Ross Kenyon

A collection of 43 pamphlets from 1650-1660 including works by Richard Hollingworth, Mary Stiff, Gerard Winstanley, Marchamont Nedham, George Walker, William Walwyn, John Lilburne, Benjamin Worsley, John Streater, William Prynne,Thomas Saunders, James Freize, Edward Sexby, Michael Hawke, William Allen, Zachary Crofton, William Bray, Margaret Fell Fox, and others.

The second expanded edition of LT will have the following additional 19 titles (of which 1 has not been corrected) and which are available elsewhere on the OLL):

[PREVIOUSLY CORRECTED - NEED TO RECHECK] T.274 John Milton, Defensio pro Populo Anglicano [First Defence] (1651). /pages/leveller-tracts-2nd-7#T274

[PREVIOUSLY CORRECTED - NEED TO RECHECK] T. 303 [1651.??] Thomas Hobbes, Leviathan, or the Matter, Forme, and Power of a Common-wealth Ecclesiasticall and Civill (1651). /pages/leveller-tracts-2nd-7#T303

T.226 (10.18) John Lilburne, A Letter written to Mr. John Price (31 March, 1651). /pages/leveller-tracts-2nd-7#T226

T.293 [1651.05.15] (M14) Isaac Penington, The Right, Liberty and Safety of the People Briefly Asserted (15 May, 1651) /pages/leveller-tracts-2nd-7#T293

[UNCORRECTED - 115 illegibles] T.231 (10.19) John Lilburne, His Apologeticall Narration (April, 1652). /pages/leveller-tracts-2nd-7#T231

[PREVIOUSLY CORRECTED - NEED TO RECHECK] T.275 John Milton, Defensio Secunda [Second Defence] (1654). /pages/leveller-tracts-2nd-7#T275

[PREVIOUSLY CORRECTED - NEED TO RECHECK] T.294 [1656.06] Marchamont Nedham, The Excellencie of a Free State: Or, The Right Constitution of a Commonwealth (summer 1656). /pages/leveller-tracts-2nd-7#T294

[PREVIOUSLY CORRECTED - NEED TO RECHECK] T.295 [1656.09] James Harrington, The Commonwealth of Oceana (July-Sept. 1656). /pages/leveller-tracts-2nd-7#T295

[PREVIOUSLY CORRECTED - NEED TO RECHECK] T.296 [1658.??] James Harrington, The Prerogative of Popular Government (1658). /pages/leveller-tracts-2nd-7#T296

[PREVIOUSLY CORRECTED - NEED TO RECHECK] T.299 (1659.??) James Harrington, Political Aphorisms (1659). /pages/leveller-tracts-2nd-7#T299

[PREVIOUSLY CORRECTED - NEED TO RECHECK] T.276 John Milton, A Treatise of Civil Power in Ecclesiastical Causes (Feb., 1659). /pages/leveller-tracts-2nd-7#T276

[PREVIOUSLY CORRECTED - NEED TO RECHECK] T.297 [1659.02.19] James Harrington, The Art of Lawgiving (20 Feb. 1659). /pages/leveller-tracts-2nd-7#T297

[PREVIOUSLY CORRECTED - NEED TO RECHECK] T.277 John Milton, Considerations Touching the Likeliest Means to Remove Hirelings out of the Church (May, 1659). /pages/leveller-tracts-2nd-7#T277

[PREVIOUSLY CORRECTED - NEED TO RECHECK] T.278 John Milton, A Letter to a Friend (Concerning the Ruptures of the Commonwealth) (20 Oct., 1659). /pages/leveller-tracts-2nd-7#T278

[PREVIOUSLY CORRECTED - NEED TO RECHECK] T.279 John Milton, The Ready and Easy Way to Establish a Free Commonwealth (March, 1660). /pages/leveller-tracts-2nd-7#T279

[PREVIOUSLY CORRECTED - NEED TO RECHECK] T.280 John Milton, A Letter to Monk (The Present Means and Brief Delineation of a Free Commonwealth) (?? Mar., 1660). /pages/leveller-tracts-2nd-7#T280

[PREVIOUSLY CORRECTED - NEED TO RECHECK] T.281 John Milton, Brief Notes Upon a Late Sermon (titled The Fear of God and the King) (April, 1660). /pages/leveller-tracts-2nd-7#T281

[PREVIOUSLY CORRECTED - NEED TO RECHECK] T.298 [1660.??] James Harrington, A System of Politics (1660-62). /pages/leveller-tracts-2nd-7#T298

[PREVIOUSLY CORRECTED - NEED TO RECHECK] T. 304 [1662.??] Thomas Hobbes, Behemoth: The History of the Causes of the Civil Wars of England (1662). /pages/leveller-tracts-2nd-7#T304

Copyright:

The text is in the public domain.

Table of Contents

Introduction to the Series

Editor’s Introduction to Volume 7 (1650–1660)

Table of Contents of Volume 7

7.1 Mary Stiff, The good Womens Cryes against the Excise of all their Commodities (4 January 1650).

7.2 Gerard Winstanley, An Appeale to all Englishmen (26 March, 1650).

7.3 Marchamont Nedham, The Case of the Common-wealth of England stated (8 May, 1650).

7.4 Anon., The Humble Petition of divers well-affected People (31 August, 1650).

7.5 Anon., The Soap-makers Complaint for the losse of their Trade (24 September 1650).

7.6 George Walker, Anglo-Tyrannus, or the Idea of a Norman Monarch, (3 December, 1650).

7.7 Richard Hollingworth, An Exercitation concerning Usurped Powers (18 December, 1650).

7.8 Gerrard Winstanley, An Humble Request, to the Ministers of both Universities (9 April, 1650).

7.9 Anon., A Declaration of the Armie concerning Lieut. Collonel John Lilburn (14 February, 1651).

7.10 William Walwyn, Juries justified (2 December, 1650).

7.11 Several Hands, The Onely Right Rule (28 January 1652).

7.12 Anon., A Declaration of the Commoners of England (13 February, 1652).

7.13 John Lilburne, His letter to his dearly beloved wife (March 1652).

7.14 John Lilburne, As you Were (May 1652).

7.15 William Walwyn, Walwyns Conceptions; for a Free Trade (May 1652).

7.16 Anon., Zeal Examined (15 June, 1652).

7.17 Anon., The Vindication of Christmas (22 December, 1652).

7.18 Benjamin Worsley, Free Ports (c. 1652).

7.19 John Streater, A Glympse of that Jewel Libertie (31 March, 1653).

7.20 Anon., The Fundamental Lawes and Liberties of England (9 July, 1653).

7.21 John Lilburne, The Upright Mans Vindication (1 August 1653).

7.22 John Lilburne, The Just Defence of John Lilburn (25 August 1653).

7.23 John Lilburne, An Hue-and Cry after the Fundamental Lawes and Liberties of England (26 September, 1653).

7.24 William Prynne, A Declaration and Protestation against New Taxes (18 October, 1653).

7.25 Thomas Saunders, The Humble Petition of Several Colonels (18 October, 1654).

7.26 John Streater, The Picture of the New Courtier (18 April, 1656).

7.27 John Lilburne, The Resurrection of John Lilburne (16 May 1656).

7.28 James Freize (Freese), A Moderate Inspection into the Corruption of the Common Law of England (17 June, 1656).

7.29 William Prynne, A Summary Collection of the principal Fundamental Rights, Liberties, Proprieties of all English Freemen (6 November, 1656).

7.30 Edward Sexby, Killing, No Murder (21 September, 1657).

7.31 Anon., Killing is Murder (21 September, 1657).

7.32 Michael Hawke, Killing is Murder (c. 1657).

7.33 Anon., The Leveller: Or The Principles & Maxims Concerning Government and Religion (16 February 1659).

7.34 William Allen, A Faithful Memorial of that Remarkable Meeting (27 April 1659).

7.35 James Freize, The Out-cry! (16 May, 1659).

7.36 John Streater, Government Described (1 June, 1659).

7.37 Anon., Lilburnes Ghost (22 June, 1659).

7.38 Zachary Crofton, Excise Anotomiz’d, and Trade Epitomiz’d (20 September, 1659).

7.39 William Bray, A Plea for the Peoples Good Old Cause (17 October, 1659).

7.40 Anon., The Grand Concernments of England ensured (25 October, 1659).

7.41 William Bray, A Plea for the Peoples Fundamentall Liberties and Parliaments (c. 1660).

7.42 Margaret Fell Fox, Womens Speaking Justified (c. 1666).

Edition: current; Page: [i]

Tracts on Liberty by the Levellers and their Critics (1638-1659), 7 vols.

The Liberty of the Freeborne English-Man, Conferred on him by the house of lords. June 1646. John Lilburne. His age 23. Year 1641. Made by G. Glo.

“Gaze not upon this shaddow that is vaine,

Bur rather raise thy thoughts a higher straine,

To GOD (I meane) who set this young-man free,

And in like straits can eke thee.

Yea though the lords have him in bonds againe

LORD of lords will his just cause maintaine.”

Introduction to the Series

This collection of tracts and pamphlets by the Levellers and some of their critics is different from others in a number of areas: its size, the strict chronological ordering of the texts, the balance in the authorship (with more titles by Richard Overton and John Lilburne), the inclusion of more pamphlets on economic matters, the inclusion of material of a satirical nature, and the conversion of all facsimile versions of the texts to modern typeface.

We have arranged the collection of Leveller tracts and pamphlets in chronological order (where this is possible). We have done this is order to highlight the impact that one tract may have had upon others that were published after it in time. In some cases a number of tracts were direct responses, often refutations, of earlier works. Others were triggered by particular historical events, such as the execution of King Charles I, and so it might be useful to consult this collection alongside the chronology we plan to add to the “Timeline” section of the Online Library of Liberty website.

The balance of authorship of the tracts and pamphlets also played an important role in the selection criteria of the collection. We wanted to have a rough balance between those tracts which were the joint production of several authors designed to express the views of a group such as the soldiers of the New Model Army; those tracts which were clearly the work of a single identifiable author (such as Richard Overton, John Lilburne, or William Walwyn); tracts by supporters of the parliamentary cause (such as William Prynne), and tracts which were written by critics or luke-warm supporters of the Leveller cause and which prompted often spirited replies from the Leveller leadership.

Many tracts have multiple authors or were written anonymously. The authorship of many tracts is disputed by historians so we have attempted to assign authorship on the best evidence available to us. Where we are certain about the authorship (for example, their name might appear on the title page) the name is given without brackets. When the authorship is disputed or uncertain the name is placed in square brackets. Pamphlets without any known author are described as “Anon.”

A firm date of publication was sometimes given, but often not. The first date in the table of contents for each volume is the estimated time of publication. Sometimes this has been estimated by the date the work was entered into the 17th century London bookseller George Thomason’s collection which forms the basis for much or our knowledge of the Leveller movement. Sometimes a date is provided in the text itself. The date is followed by the author’s name when it is available; then comes the edition of the tract or pamphlet we have used in this collection. It is sometimes a later or revised edition if the original is no longer available. The order in which the texts are listed in each volume is to place texts with detailed dates at the beginning (e.g. 18 October 1647) and texts with only the year at the end. When works have been listed in the two volume catalog of the Thomason Tracts we have included the volume and page number along with the catalog number. [FN: Catalogue of the Pamphlets, Books, Newspapers, and Manuscripts relating to the Civil War, the Commonwealth, and Restoration, collected by George Thomason, 1640–1661. 2 vols. (London: William Cowper and Sons, 1908).]

Many of the titles are very long and rather florid in their style but they give a good sense of the spirited way in which the pamphlets were written. Information about the publisher, when given, is also idiosyncratic with directions sometimes given to help readers find their way to the bookseller - e.g. “to be sold at his Shop at the Signe of the Golden Anchor, neere Pauls-Chaine” - or very creative ways of giving the date of publication, such as “Printed in the yeare the Beast was Wounded 1638.” Where no publisher was given on the title page we indicate this by [n.p.] (no publisher). Occasionally a title with a long name will have become known to modern readers by an abbreviated title, such as [The Petition of September] with the use of square brackets to show that this is an alternate title.

Every effort has been made to transcribe these 17th century political tracts as accurately as possible. They have been checked against facsimile copies of the originals which in many cases were of very poor quality. Some of the problems the editors encountered were the vagaries of 17th century spelling, the faint print of the text in marginal notes and in long quotes in Latin, and the sometimes casual approach to the typesetting of the text. We have made no attempt to modernize the spelling but we have corrected obvious errors such as transposed or missing characters. In many cases the front page of the texts had elaborate even exotic layout of the text which we have attempted to reproduce electronically in some cases. In some of the texts, if there was any space remaining at the end, the author or the printer would insert additional material such as Parliamentary or legal announcements or rebuttals of their opponents’s latest tract, thus making the pamphlet a kind of anthology or even a newspaper. We can’t help but note the similar frustrations of one of the printers who inserted a disclaimer in one of Lilburne’s pamphlets which we quote here:

The Printer to the Reader.

Reader, the shortnesse of time, the absence of the Authour, and the difficulty of the Language in the Charter, not being ordinary Latin, but such as Lawyers use, which is so far above my capacity, that caused me to erre when I used the best skill I could in my Art. Pardon me therefore (I pray thee) and with thy wisdome, learning, and good disposition, help me in this case. And for the faults in the English, the meanest capacity may bee helped thus . . .

[Footnote: In John Lilburne, The Charters of London: or, The second Part of Londons Liberty in Chaines discovered (18 December 1646).]

The names of authors and publishers were often deliberately withheld from being published because of the very real fear of arrest and imprisonment. Occasionally a fictitious author’s and publisher’s name would be given to disguise the identity of those involved in publishing the work. Richard Overton even went so far as to openly mock the censors with this amusing fake announcement of the title page: “By Yongue Martin Mar-Priest, Son to old Martin the Metrapolitane. This is Licenced, and printed according to Holy Order, but not Entered into the Stationers Monopole. Europe. Printed by Martin Claw Clergie, Printer to the Reverend Assembly of Divines and are to be should at his Shop in Toleration Street, at the Signe of the Subjects Liberty, right opposite to Persecuting Court. 1645.”

We have not included the famous “Putney Debates” within the General Council of Officers of October and November 1647 in this collection as these are already online at the Online Library of Liberty along with many [other documents](<http:oll.libertyfund.org/titles/2183). The same is true for the Whitehall Debates within the General Council of Officers of December 1648 and January 1649.

In the course of preparing these volumes we have across many items of interest, such as the title page and accompanying poem (see above), the printer’s apology for any errors (see below), as well as many amusing and politically barbed title pages of the pamphlets.

The Printer to the Reader

I Desire thee to amend with thy pen,

one fault escaped in the printing, by negligence,

and the Authors absence,

which is in the 3. page and 10. line,

namely secretaries for sectaries:

And if there be any more faults

(as none liveth without some)

I also desire that thou wilt shew thy patience

by thy silence, and that thou may rather

make a profitable use of the sence,

then anywise strive about words;

even as thou wouldest except the like

favour of me or any other in thy absence,

if thou be one that shewest they selfe

thus carefull and zealous for

the publicke: especially now

in such extreeme need.

Farewell.[Footnote: From William Walwyn’s The poore Wise-mans Admonition (10 June, 1647).]

For additional reading on the Levellers and the history of the English Revolution see this Bibliography.

Editor’s Introduction to Volume 7 (1650–1660)

The decade between 1650 and 1660, the year the Stuart monarchy was restored, produced a total of 8,585 pamphlets, manuscripts and newspapers in the Thomason Tracts collection of which we have selected 43 for inclusion here. The main reason for having fewer from this period in our collection is that the Levellers were defeated politically by the rise of Cromwell’s Protectorate and were either silenced or dispersed. The pamphlet wars continued but the Levellers participation was very much reduced. [Footnote: For a list of the pamphlets in the Thomason Collection see, Catalogue of the Pamphlets, Books, Newspapers, and Manuscripts relating to the Civil War, the Commonwealth, and Restoration, collected by George Thomason, 1640–1661. 2 vols. (London: William Cowper and Sons, 1908). Vol. 1, Catalogue of the Collection, 1640–1652; Vol. 2. Catalogue of the Collection, 1653–1661. Newspapers. Index. henceforth abbreviated as “TT” for Thomason Tracts.]

For each pamphlet or tract we provide an image of the title page (where available), the full title in text format, the estimated date of publication which is usually taken from the Thomason Collection Catalogue, and the Thomas Catalogue number and page number in the printed catalog where the information was taken. Occasionally the estimated date of publication differs from the date given in the Thomason Collection Catalogue which may be the date Thomas purchased the pamphlet rather than when it was printed. When this occurs, we provide both dates.

Even though it was published a few years after the Restoration of the Stuart Monarchy we include Margaret Fell Fox’s pamphlet Womens Speaking Justified, Proved and Allowed of by the Scriptures (1666) because of its great historical interest and the similarities it shares with many of the other Leveller Tract in this collection.

Some of the key events of this period include the following:

Summary of Preceding Events:

• May 1640 dissolution of the Short Parliament

• Dec. 1641 Grand remonstrance is present to King Charles I

• Feb. 1642 Parliament excludes the Bishops from the House of Lords

• July 1642 Parliament appoints the Committee of Public Safety

• Aug. 1642–47 the First English Civil War

• Jan. 1645 formation of the New Model Army

• June 1647 New Model Army arrests King

• Oct. 1647 beginning of the Putney Debates

• May 1648–49 the Second English Civil War

• Nov. 1648 drawing up of the Remonstrance of the Army

• Dec. 1648 Col. Pride removes opponents of Cromwell from Parliament creating the “Rump” Parliament

• 15 Jan. 1649 “An Agreement of the People” present4ed to Parliament

• 20 Jan. 1649 beginning of the trial of King Charles I, death warrant signed 27 Jan., 30 Jan. King executed by beheading

• Feb. 1649 Parliament votes to abolish the Monarchy

• Feb. 1649 Scottish parliament proclaims eldest son of Charles I the rightful King of Great Britain, France, and Ireland (Charles II)

• May 1650 the Third English Civil War

• Oct. 1651 King Charles II flees England for Normandy

1649–53 The Commonwealth of England

• Jan. 1652 John Lilburne is bannished

• April 1653 the Rump Parliament is dissolved by Cromwell

• May-Aug. 1653 Lilburne returns, condemned and imprisoned for treason and imprisoned on Isle of Jersey

1654–58 Protectorate of the Cromwells (Oliver and son Richard)

• 1657 Lilburne dies

• 13 April 1657 Cromwell declines the crown of England

• 1658–59 Protectorate under Richard Cromwell

• 3 Sept. 1658 death of Oliver Cromwell

• 7 May 1659 Rump Parliament restored by Richard Cromwell

• May 1659 Richard Cromwell resigns as Lord Protector

• 13 Oct. 1659 Rump Parliament disbanded

1659–60 second period of the Commonwealth of England

1660 Restoration of the Stuart Monarchy (King Charles II)

• 30 Jan. 1660 Charles II proclaimed King of England

• March 1660 election of the Convention Parliament

• 23 April 1661 coronation of Charles II

• 1660–62 trials and executions of the regicides of Charles I

Table of Contents of Volume 7

1. Mary Stiff, The good Womens Cryes against the Excise of all their Commodities (4 January 1650).

2. Gerard Winstanley, An Appeale to all Englishmen (26 March, 1650).

3. Marchamont Nedham, The Case of the Common-wealth of England stated (8 May, 1650).

4. Anon., The Humble Petition of divers well-affected People (31 August, 1650).

5. Anon., The Soap-makers Complaint for the losse of their Trade (24 September 1650).

6. George Walker, Anglo-Tyrannus, or the Idea of a Norman Monarch, (3 December, 1650).

7. Richard Hollingworth, An Exercitation concerning Usurped Powers (18 December, 1650).

8. Gerrard Winstanley, An Humble Request, to the Ministers of both Universities (9 April, 1650).

9. Anon., A Declaration of the Armie concerning Lieut. Collonel John Lilburn (14 February, 1651).

10. William Walwyn, Juries justified (2 December, 1650).

11. Several Hands, The Onely Right Rule (28 January 1652).

12. Anon., A Declaration of the Commoners of England (13 February, 1652).

13. John Lilburne, His letter to his dearly beloved wife (March 1652).

14. John Lilburne, As you Were (May 1652).

15. William Walwyn, Walwyns Conceptions; for a Free Trade (May 1652).

16. Anon., Zeal Examined (15 June, 1652).

17. Anon., The Vindication of Christmas (22 December, 1652).

18. Benjamin Worsley, Free Ports (c. 1652).

19. John Streater, A Glympse of that Jewel Libertie (31 March, 1653).

20. Anon., The Fundamental Lawes and Liberties of England (9 July, 1653).

21. John Lilburne, The Upright Mans Vindication (1 August 1653).

22. John Lilburne, The Just Defence of John Lilburn (25 August 1653).

23. John Lilburne, An Hue-and Cry after the Fundamental Lawes and Liberties of England (26 September, 1653).

24. William Prynne, A Declaration and Protestation against New Taxes (18 October, 1653).

25. Thomas Saunders, The Humble Petition of Several Colonels (18 October, 1654).

26. John Streater, The Picture of the New Courtier (18 April, 1656).

27. John Lilburne, The Resurrection of John Lilburne (16 May 1656).

28. James Freize (Freese), A Moderate Inspection into the Corruption of the Common Law of England (17 June, 1656).

29. William Prynne, A Summary Collection of the principal Fundamental Rights, Liberties, Proprieties of all English Freemen (6 November, 1656).

30. Edward Sexby, Killing, No Murder (21 September, 1657).

31. Anon., Killing is Murder (21 September, 1657).

32. Michael Hawke, Killing is Murder (c. 1657).

33. Anon., The Leveller: Or The Principles & Maxims Concerning Government and Religion (16 February 1659).

34. William Allen, A Faithful Memorial of that Remarkable Meeting (27 April 1659).

35. James Freize, The Out-cry! (16 May, 1659).

36. John Streater, Government Described (1 June, 1659).

37. Anon., Lilburnes Ghost (22 June, 1659).

38. Zachary Crofton, Excise Anotomiz’d, and Trade Epitomiz’d (20 September, 1659).

39. William Bray, A Plea for the Peoples Good Old Cause (17 October, 1659).

40. Anon., The Grand Concernments of England ensured (25 October, 1659).

41. William Bray, A Plea for the Peoples Fundamentall Liberties and Parliaments (c. 1660).

42. Margaret Fell Fox, Womens Speaking Justified (c. 1666).

Edition: current; Page: [7-001]

Mary Stiff

Stiff, Mary

4 January 1650

1.

7.1 Mary Stiff, The good Womens Cryes against the Excise of all their Commodities (4 January 1650).

Editor’s Introduction

(Placeholder: Text will be added later.)

Edition: current; Page: [7-002a] Edition: current; Page: [7-002b]

The good VVomens CRYES against the Excise, on all their Commodities.

Good People all that heare our Cryes,

Pitty poore Womens Miseries.

WE cannot now set on the Pot, with a Sheeps-head dyd of the rot, Oynon nor Oatemell use God-wot; (pox take them:) When that we goe to salt our meat, or to make Pyes to bake and eat, this damn’d Excise lies in the heat that bakes them: We cannot wash our Smocks or Shirts, when we have gilded them by squirts, but straight in an Excise-man blurts, and smells too’t. Excise for Soape the Knave requires, Excise for Log-wood us’d by Dyers, to maintain Rogues, Knaves, Flooks, and Lyars, pray looke too’s. Tobacco two shillings the pound, the Devill sure will them confound, good people pray come curse them round, and spare not. Excise on Ale, Excise on Salt, Excise on Cloath, Excise on Malt; Excise on what so ere you call’t, and feare not. All Linnen fine or course must pay, Excise, or else they’l tak’t away, Lord who ere thought to see this day, in England? for Feather-beds, for Chairs, for Stooles; for Childrens Babyes, Caps for Fooles, and for all handy-crafts-mens tools, these Knaves stand Excise for Paper I must pay, or else my Muse must pine away; they care not what I write or say, in anger. Excise they have for Pots and Pans, for Pigins, Noggins, and for Cans, yet Harry Martins ware free stands, to bang her Excise as strong as Aquvaite the Juncto hath to make them mighty; and when they’r warm’d, O then they’l fight, ye, with ten whores: Edition: current; Page: [7-003a] Excise on Sugar browne and white, Excise on Candles that wee light, but when King Charles comes, then wee’l fight, and quit scores. Excise on Spirits they doe lay, but from such Spirits Lord we pray, deliver us and chase away, these vermin; they doe Excise Wine by the Tun, and all the Liquors that doe run, a Halter catch them, or a Gun, that harme men: Sweet Sugar-Candy cannot scape, no more then can the juice of Grape; Ferriting, Shoostrings, Laces, Tape, they get by: Hatbands, Ribands, Gloves, and Hats; and for our Beds the very Mats, Tinder-Boxes and Rat-Traps, they live by. Excise for Pepper, Currans, Figs; for Capons, Rabbits, and for Pigs, for Childrens Tops and Whirlygigs, pox rate them. For Earthen Ware and Skins of Leather, a Halter tye them fast together, that they may hang in wind and weather, to state them: Excise on Cheese and Butter too, the more for to augment our woe, good God what will these Rebells doe? to begger’s. Excise on Glasses brittle Ware; Excise on all save of our care, we must lie hard, and hardly fare, guds doggers: Excise on Pewter, Tin, Lead, Brasse; to furnish out each ignorant Asse; and Assessments for Sir Thomas, and Cromwell: thus doe they rack, thus doe they rave; the more we give, the more they crave; else plundered by each Rogue and Knave, and Rake-hell. The Bishops Lands and all their store, they’ve lately sold, and yet are poore, and like the Horse-Leach cry more, more, and threaten. But if all things hit but aright, and Charles the second comes to fight; the Rebells will be hang’d downe-right, or beaten: Tom Ladle then will rue his folly, and Bradshaw Jack be melancholly, the Loyallists be briske and jolly, to heare it; Though these have murthered the King, they must not thinke to scape the string; a joyfull sight to see them swing, ne’re feare it. The roguerie that these Knaves have hatch’d, in all the world cannot be match’d, but in their snare they will be catch’d, in halters: Wee’l Bonfires light with Cromwells Nose, and Tyburne deck with Charles I is foes, and Gregory shall have all their Clothes, when’t alters. Then will the Sisters snot and snivell, and all the Saints make pittious drevil, when Cromwel marches to the devil in earnest Corbet will close Mourner bee, and Mildmay swing in a whimsie; Hie then quoth Lenthall, up goe we, in true jeast. Such Hypocrits can never scape, that murther, steale, and commit Rape; for them the mouth of hel doth gape, wide ope; were ever people deceiv’d thus? Edition: current; Page: [7-003b] was ever King so glorious? or Religion reform’d thus? by Pope: Gun-powder Traytors did but intend, to bring their King to such an end; but that the Devill was not their friend, betray’d them; but these have in an open Hall, with impudence gone beyond all; nor did those bloody Traytors fall, dismay them. They butcher’d Charles at his owne gate, they tooke his Jewells, Money, Plate; and call themselves a Free State, by plunder: They sold his Haire, his Blood, and Crowne; they keep the Prince too from his own, were ever such damn’d Traytors knowne, O wonder! They sold his Houshold-stuffe & Goods, his Mannors, Forrests, Chases, Woods; yet seek to shed his Childrens bloods, like Devills: They damn’d their souls by treacherie; sacriledge, and perjurie; of covetousnesse no end we see, of evills. Our Husbands they no work can get, our Children starve for want of meat, and all we earne must make Knaves great, in bravery; whilst Cromwells Trull sits like a Queen; in Cloath of Silver, Sattin green, eats all the dainties can be seen, by slavery: Then doth her Stallion feed his fill, and of his Lust then has his will; Morley must make, and Noll must kill, ’tis pretty: each stinking Pusse, that t’other day, served the Hogs, and went to hay, now’s clad in the Queens rich aray, ’th’City Whilst Fairfax with’s bable-Nose, weares the Kings rich Gloves and Cloaths, and of his Hangings doth dispose, God save us: his Fro that came from Rotterdam and makes the simpleton a R— as proud as is the Devills Damme, out-brave us: whilst Mistris Pride, that stinks of graines, must have two maids beare up her traines, although her legges be full of Blaines, and itchie. These be the Nobles of our Land, greatest in power and command; for which you worke, you fight, you stand, they’l sit ye. When Bradshaw’s Doxie doth lie in, she has the Queens Childbed linnen, as if the Brat to Charles were Kin, her Bastard: That great Lollpoop’s no sooner up, but has his Caudle in the Kings Cup; and like his blood, doth swallow’t up, base dastard: Then doth he unto White-hall hie, with brace of Pages hanging by, to invent more tyranny and treason: but if good women, you’l be rul’d, wee’l be by him no longer fool’d, and that his courage should be cool’d, is reason. Ione Burnet then upright did stand, and silence with her voice command, would take the businesse in hand, to pox him: to Westminster straight she hies, under the Cloister where he lies, and all her cunning there she tries, to crosse Edition: current; Page: [7-004a] him precending great busines she had; of which he said he should be glad, but in the end it proved so to Bradshaw into a roome he tooke her then, and soone commanded out his men; and stoutly they fell to it then, without Law. Ione Burnet then came back a pace, when Iack had quibl’d her Law-Case, & shriv’d Ione like a-Babe of Grace, and after, to the Committee Ione back did come, and told them the great worke was done; they gave her thanks, and home she run, in laughter. The Women then did chuse a Cryer; and so adjourn’d unto the fire, and did Iones witty trick admire, with wonder; this was the businesse of that day, they all adjourn’d and went their way; and met again the next Thursday, like thunder. The first thing that they took in hand, was the abuses of the Land, and how in haste they might disband, the Army; Then up stood Dall, and Sis, and Sue; and said, that Women the Lurdanes slew, that rob’d good people of their due; and harm ye: Quoth Iudeth then, one of my name kill’d Holoferne of great fame; and Ioel did doe the same to Sisera: did not Ester the Iews preserve; when Haman did from Justice swerve? more lies upon us when we starve, O Mordecay Hang Haman up agen I cry, that hath sentenc’d us Iews to dye, revenge is fit for tyranny, a Gallowes. Iack Bradshaw shall the same fate feele, and so shall Cooke, Wild, Iermin, Steele, all drunk into perdition reele, what follows? I dare not them with Hell affright, the Worm of Conscience so doth bite, they cannot rest by day nor night in quiet: and when that they doe goe to eat, they still feare poyson in their meat, their jealousie is wonderous great in diet. When they doe think to rest in bed, some bloody vision frights their head, of righteous Charles they murthered at White-hall; but if we doe not end the strife, which must be with their cursed life; of Children, Father, Sonne and Wife, be hang’d all. The Independent race we know, hold Tenents tending to our woe, and Englands fatall overthrow, do study: but if we cannot understand, how they have late overcome the Land, and now have all at their command, w’are mudds. No Law but th’Sword they will rule by, their boundlesse wills &c tyranny; good women all their Acts desie, and curse them: their Father Lucifer and Pride, with Cromwell that damn’d Regicide, and the Citie hath them supply’d, and nurst them. The Common Cuckolds of Guild-hall, with Atkins, fob, Tychburn, and all, that Canaans Grapes hath turn’d to Edition: current; Page: [7-004b] Gall, and VVorm wood; Caryl, Carter, Gouge; and Nye, that can sweare, forsweare, fawn, and lye, to every wind their sayles they’l try, were nere good: Then in come Meg and loyall Doll, and bid a pox of God take Noll, and all the Rebells in VVhite-hall, confounded; quoth Meg the Devill take them all; quoth Doll I hope to see them fall, or else be hang’d before VVhite-hall, each Roundhead. Quoth Sis, a plague take Bradshaw Iack, quoth Sue, the devill take the pack; Heaven grant they ne’re may hanging lack, nor curses: and when they’r at the point to die; Heaven nor Physitian hear their cry, all Ministers comfort them deny, and Nurses. Quoth Moll, some plague give them their hire, that they may dye like Pym their Squire, like Dortslaw, or like Macquire, be hanged: quoth Besse, a while Ide have them stay, till. Destruction makes them way; and when the King shall win the day, be hanged, Quoth Kate, my wishes they shall have, each perjured Rebell, Foole, and Knave, may hang in Chaines and want a grave, to bury: quoth Ruth, professe I doe not think, but that the Knaves begin to stink; being even now at Destructions brink, to ferry. Quoth Prue, Charon will surely take then in, and Furyes whip them for their sin; not sparing VVeaver, not Evelyn, nor Grimston: quoth Deb, may Fairfax, Pride, and Rich, Hewson, and Ioyce, that lowsie stitch, have fire and scorpions at at their breech, and Brimston; quoth Peg, good Sisters I could curse, but ’twill but make them worse and worse, like Foxes they thrive better thus, in Treason: give them but Rope, they’l hang themselves, and wrack their hopes on Rocks and Shelves, and thats the end of all such Elves in Reason. Lets all set forwards and redresse our grievances, quoth Madge and Besse, and snatch these Sonnes of Wickednesse, in sunder: content (quoth Meg) my Distaffe shall upon their pates so heavy fall, that Ile goe neere to beat them all, with wonder. Lets chuse a Generall (quoth Kate) and we their Pride will soone abate; it is not done with talke and prate; but action: they then proceeded to a Choice, and every Woman had her Voice, and so they chose them lusty Joyce, call’d Blackston. A Virago strong and stout that had bin try’d full many a bout, and ne’re would turne tayle, nor give out, but forward: shee’d made an Asse of many a man, that none before her long could stan: when she but drew, away they ran a full yard. They all agreed to raise new force, Side-saddles, Pistols, women, Edition: current; Page: [7-005] Horse, with Spits, and Fire-forks, to take course, with the Army. This news came quickly to VVhite-hall, and did so fright the Rebells all, that they to Counsell straight did fall, to harme ye: one said ’twas fit that women should, take the Engagement, if they would, or else they should by them be fool’d, and flouted. Their Members too, that were but weake, would be disabled to speake, and then their Trade must surely breake, when outed. Let Bradshaw be made High-Constable, and Denby President of State-Table, and then, come women we are able, to stand too’t; quoth Denby, I accept the place, ’cause the black patches in my face, will make the women run apace, and ne’re doo’t. Quoth Harry Mild-may it is fit, that straight we doe new forces get, one beat me in the Gravill-pit, and craz’d me: quoth Martin, I will never turn, although they did my weapon burne, and once in fight my heart did earne, they maz’d me. But let them come, Ile fight againe, and so I hope will Harry Veine, it is not fit such queans should reigne, and vapour: and though my Body be not sound, I still have force to keep my ground, & with half weapon can them wound, then caper. Quoth Weaver, pray be not dismayd, I fear we are all on’s betrayd, the plot’s discovered by my Maids great belly: A lack quoth Bradshaw, as you are men, lets make an Act to banish them, ten miles from London, surely then, Ile tell ye: we may sit still by free consent, gather Excise and Assessment, and all live Kings by Praliament ev’rlasting. Pray here me though, quoth Baron Wild, Mr. Weavers Maid that seems with Child, I search’d her and my shirt desoyl’d, ’twas fasting: I sent her then to Justice Lowder, left in her breech shee carried powder, and hee got her a place to shroud her, till layed. But if you take it for a plot, referre her case to Mr. Scot, least the House and Tower should God-wot, betrayed. A generall feare surpriz’d them all, they doe like Babels builders call; who sayes that Pride won’t have a fall deceive us: now they have rob’d us of our Gold, murther’d our King and his Goods sold, they will ’tis thought run from their Hold, and leave us.

Pray stop them not, give them free way to goe,

The longer they stay here, the more’s our woe.

Mary Stiff, Cler. to the House.

FINIS.

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Gerard Winstanley

Winstanley, Gerard

26 March, 1650

2.

7.2 Gerard Winstanley, An Appeale to all Englishmen (26 March, 1650).

Editor’s Introduction

(Placeholder: Text will be added later.)

An Appeale to all Englishmen, to judge between Bondage and Freedome, sent from those that began to digge upon George Hill in Surrey; but now are carrying on, that publick work upon the little Heath in the Parish of Cobham, neare unto George Hill, wherein it appeares, that the work of digging upon the Commons, is not onely warranted by Scripture, but by the Law of the Common-wealth of England likewise.

BEhold, behold, all Englishmen, The Land of England now is your free Inheritance: all Kingly and Lordly entanglements are declared against, by our Army and Parliament. The Norman power is beaten in the field, and his head is cut off And that oppressing Conquest that hath raigned over you by King and House of Lords, for about 600. yeares past, is now cast out, by the Armies Swords, the Parliaments Acts and Lawes, and the Common-Wealths Engagement.

Therefore let not Sottish covetousnesse in the Gentrey, deny the poore or younger Brethren, their just Freedom to build and plant Corne upon the common wast Land: nor let slavish fear, possesse the hearts of the poor, to stand in awe of the Norman Yoake any longer, seeing it is broke. Come, those that are free within, turn your Swords into Plough-shares, and Speares into pruning-hookes, and take Plow and Spade, and break up the Common Land, build you Houses, sow Corne, and take possession of your own Land, which you have recovered out of the hands of the Norman oppressour.

The common Land hath lain unmanured all the dayes of his Kingly and Lordly power over you, by reason whereof, both you and your Fathers, (many of you) have been burthened with poverty, And that Land which would have been fruitfull with Corne, hath brought forth nothing but heath, mosse, furseys, and the curse, according to the words of the Scriptures: A fruitful Land is made barren, because of the unrighteousnesse of the People that ruled therein, and would not suffer it to be planted, because they would keep the Poor under bondage, to maintain their own Lordly Power, and conquering covetousnesse.

But what hinders you now? will you be slaves and beggers still, when you may be Freemen? will you live in straits, and die in poverty, when you may live comfortably? will you allwayes make a profession of the words of Christ and Scripture: the sum whereof is this. Do as you would be done unto, and live in love? And now it is come to the point of fulfilling that righteous Law: wil you not rise up & act, I do not mean act by the sword, for that must be left? But come, take Plow & Spade, build & plant, & make the wast Land fruitfull, that there may be no begger nor idle person among us; for if the wast Land of England were manured by her Children, it would become in a few yeares the richest, the strongest, and flourishing Land in the World, and all Englishmen would live in peace and comfort; And this freedom is hindered by such as yet are full of the Norman base blood, who would be free men themselves, but would have all others bond-men and Servants, nay slaves to them.

The Law of the Scriptures gives you a full freedom to the Earth, and makes Man-kind free in all his Members; for God, or the creating spirit, is no respector of persons.

The Ministers who preache up the Law of the Scriptures, plead for their Freedom in the Earth, and say, The Labourer is worthy of his hire. But these Ministers, are faulty in two things. First, They will set themselves to work, in that they will run before they be sent, and then force the People by the power of the Sword-Law, to give them wages, or Labourers hire. And they will not take 12 d. a day as other Labourers have, but they will compell 100 l. or more to be paid them yearly. Secondly, They lay claime to Heaven after they are dead, and yet they require their Heaven in this World too, and grumble mightily against the People that will not give them a large temporal maintenance. And yet they tell the poor People, that they must be content with their Poverty, and they shall have their Heaven hereafter. But why may not we have our Heaven here, (that is, a comfortable livelihood in the Earth) And Heaven hereafter too, as well as you, God is no respector of Persons?

Therefore say we, while we have bodies that must be fed and cloathed, let us have Earth to plant, to raise food and rayment by our labours, according to the Law of our Creation, and let us live like men of your own Image and forme.

But if you say, that this is onely old Adams condition to look after the Earth; but the new Adam Christ, lookes after Heaven above, and mindes not the Earth. As one publick Minister told us, why truly then we say, you make old Adam who brings in the curse to be more rational and tender over our bodies; then the second Adam Christ who brings in the blessing to all Nations.

But if it be old Adams condition to desire a Livelihood as we are men, and to live free from straits: Then I would have all those Ministers to cast aside their 100 l. or 200 l. a yeare, and go and beg their food and rayment of others, and expect their Heaven hereafter, as they bid the poor men do.

But you covetous blind deceivers, know this, that as old Adam brings Man-kind into bondage and straits, so the second Adam brings Man-kind into Freedom, plenty and peace, here in this Earth while bodies are living upon earth: therefore he is said to be the joy of all Nations here on Earth, and the restorer of the whole Creation, that groanes under bondage here on Earth.

Well Englishmen, The Law of the Scriptures, gives you a free and full Warrant to plant the Earth, and to live comfortably and in love, doing as you would be done by: And condemns that covetous Kingly and Lordly power of darkness in men, that makes some men seeke their freedom in the Earth, and to deny others that freedom. And the Scriptures do establish this Law, to cast out Kingly and Lordly self-willed and oppressing power, and to make every Nation in the World a free Common-wealth. So that you have the Scriptures to protect you, in making the Earth a common Treasury, for the comfortable Livelihood of your bodies, while you live upon Earth.

Secondly, You have both what the Army and Parliament have done to protect you, as it will appeare by this graduall consideration.

First, King Charles was the successour of the Norman conquest, and raigned as a Conquerour over England, for his Power held the Land from us, and would rather see us die in poverty, or hang us up, then suffer us to plant the Commons for our livelihood. And Lords of Mannours hold claiming to their Copy-holds, and to the Commons, under or from the King: so that Kings and Lordly power, is the power of the Conquest over the people.

Secondly, Our Common-wealths Army have fought against the Norman Conquest, and have cast him out, and keepes the field. By vertue of which victory, both the Title of the King, and the Title of Lords of Mannors to the Land as Conquerors is lost. And the Land now is as free to others as to them; yea, according to Davids Law, to them that staid at home with the stuffe, as to them that went our to warre: And by this victory, England is made a free Common-wealth. And the common Land belongs to the younger Brother, as the Enclosures to the elder Brother, without restraint.

Then Thirdly, The Parliament, since this victory, have made an Act or Law, to make England a free Common-wealth. And by this Act they have set the People free, from King and House of Lords that ruled as Conquerors over them, and have abolished their self will and murdering Lawes, with them that made them.

Likewise they have made another Act or Law, to cast our Kingly Power, wherein they free the People from yielding obedience to the King, or to any that holds claiming under the King: Now all Lords of Mannours, Tything Priests and impropriators, hold claiming or Title under the King, but by this Act of Parliament we are freed from their Power.

Then lastly, The Parliament have made an Engagement, to maintain this present Common-wealths Government, comprised within those Acts or Lawes against King and House of Lords. And calles upon all Officers, Tenants, and all sort of People to subscribe to it, declaring that those that refuse to subscribe, shall have no priviledge in the Common-wealth of England, nor protection from the Law.

Now behold all Englishmen, that by vertue of these 2. Lawes, and the Engagement, the Tenants of Copyholds, are freed from obedience to their Lords of Mannors, and all poor People may build upon, and plant the Commons, and the Lords of Mannours break the Lawes of the Land & the Engagement, & still uphold the Kingly and Lordly Norman Power, if they hinder them, or seek to beat them of from planting the Commons.Jerard Winstanley.
Richard Maidley.
Thomas James.
John Dickins.
John Palmer.
John South, Elder.
Nathaniel Helcomb.
Thomas Edcer.
Henry Barton.
John South.
Jacob Heard.
Thomas Barnat.
Anthony Wren.
John Hayman.
William Hitchcock.
Henry Hancocke.
John Barty.
Thomas Starre.
Thomas Adams.
John Coulton.
Thomas South.
Robert Saycar.
Daniel Freland.
Robert Draper.
Robert Coster.

Neither can the Lords of Mannors compell their Tenants of Copy-holds, to come to their Court-Barons, nor to be of their Juries, nor take an Oath to be true to them, nor to pay fines, Heriots, quit-rent, nor any homage, as formerly, while the King and Lords were in their power. And if the Tenants stand up to maintain their Freedom, against their Lords oppressing power, the Tenants forfeit nothing, but are protected by the Laws and Engagement of the Land.

And if so be, that any poor men build them houses, and sow Corne upon the Commons, the Lords of Mannors cannot compell their Tenants to beat them of: And if the Tenants refuse to beat them off, they forfeit nothing, but are protected by the Lawes and Engagement of the Land. But if so be, that any fearfull or covetous Tenant, do obey their Court-Barons, and will be of their Jury, and will still pay Fines, Heriots, quit-Rents, or any homage as formerly, or take new Oaths, to be true to their Lords, or at the Command of their Lords, do beat the poor men off from planting the Commons; then they have broke the Engagement, and the Law of the Land, and both Lords and Tenants are conspiring to uphold or bring in the Kingly and Lordly Power again, and declare themselves enemies to the Army, and to the Parliament, and are traytors to the Commonwealth of England. And if so be they are to have no protection of the Lawes, that refused to tak the Engagement, surely they have lost their protection by breaking their Engagement, and stand lyable to answer for this their offence, to their great charge and trouble, if any will prosecute against them. Therefore you Englishmen, whether Tenants or labouring men, do not enter into a new bond of slavery, now you are come to the point that you may be free, if you will stand up for freedom; for the Army hath purchased your freedom. The Parliament hath declared for your freedom, and all the Lawes of the Commonwealth are your protection, so that nothing is wanting on your part, but courage and faithfulness, to put those Lawes in execution, and to take possession of your own Land, which the Norman Power took from you, and hath kept from you about 600. yeares, which you have now recovered out of his hand. And if any say that the old Lawes and Customes of the Land, are against the Tenant and the poor, and intitle the Land onely to the Lords of Mannours still, I answer, all the old Lawes are of no force, for they are abolished, when the King and House of Lords were cast out. And if any say, I but the Parl: made an Act to establish the old Lawes, I answer, this was to prevent a sudden rising upon the cutting off the Kings head; but afterwards they made these 2. Lawes, to cast out Kingly Power, and to make England a Commonwealth. And they have confirmed these 2. by the Engagement, which the People now generally do own and subscribe: therefore by these Acts of freedom, they have abolished that Act that held up bondage. Well, by these you may see your freedom, and we hope the Gentry hereafter, wil cheat the poor no longer of their Land, and we hope, the Ministers hereafter will not tell the poor they have no right to the Land, for now the Land of England,And divers others that were not present when this went to the Presse. is and ought to be a common Treasury to all Englishmen, as the severall portions of the Land of Canaan, were the common Livelihood to such and such a Tribe; both to elder and younger Brother, without respect of persons. If you deny this, you deny the Scriptures. And now we shall give you some few encouragements out of many, to move you to stand up for your freedom in the Land, by acting with Plow and Spade upon the Commons.

1. By this meanes within a short time, there will be no begger nor idle person in England, which will be the glory of England, and the glory of that Gospel, which England seemes to prosesse in words. 2. The Wast and common Land being improved, will bring in plenty of all Commodities, and prevent famine, and pull down the prizes of Corne, to 12 d. a Bushel, or lesse. 3. It will prove England to be the first of Nations, or the tenth part of the City Babylon, which falls off from the covetous beastly Government first; and that sets the Crown of freedom upon Christs head, to rule over the Nations of the world, and to declare him to be the joy and blessing of all Nations. This should move all Governours to strive, who shall be the first that shall cast down their Crownes, Scepters, and Government at Christs feete, and they that will not give Christ his own glory, shall be shamed. 4. This Commonwealths freedom, will unite the hearts of Englishmen together in love so that if a forraign enemy endeavour to come in, we shall all with joynt consent rise up to defend our Inheritance, and shall be true one to another. Whereas now, the poor see, if they fight, and should conquer the Enemy yet either they or their Children are like to be slaves still, for the Gentrey will have all. And this is the cause why many run away and faile our Armies in the time of need. And so through the Gentries hardness of heart against the poor: The Land may be left to a forraigne enemy for want of the poores love sticking to them; for say they, we can as well live under a forraign enemy working for day wages, as under our own brethren, with whom we ought to have equal freedom by the Law of righteousness. 5. This freedom in planting the common Land, will prevent robbing, stealling, and murdering, and Prisons will not so mightily be filled with Prisoners; and thereby we shall prevent that hart-breaking spectacle of seeing so many hanged every Sessions as there are. And surely this imprisoning and hanging of men is the Norman power still, and cannot stand with the freedom of the Commonwealth, nor warranted by the Engagement; for by the Lawes and Engagement of the Commonwealth, none ought to be hanged, nor put to death for other punishments may be found out And those that do hang or put to death their fellow Englishmen, under colour of Lawes, do break the Lawes and the Engagement by so doing, and casts themselves from under the Protection of the Commonwealth, and are traytors to Englands freedom, and upholders of the Kingly murdering power. 6. This freedom in the common earth, is the powers right by the Law of Creation and equity of the Scriptures, for the earth was not made for a few, but for whole Mankind, for God is no respector of Persons.*

March. 26. 1650.

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Marchamont Nedham

Nedham, Marchamont

8 May, 1650

3.

7.3 Marchamont Nedham, The Case of the Common-wealth of England stated (8 May, 1650).

Editor’s Introduction

(Placeholder: Text will be added later.)

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To the Reader.

PErhaps thou art of an Opinion contrary to what is here written: I confesse, that for a Time I my Self was so too, till some Causes made me reflect with an impartial eie upon the Affairs of this new Government.

Hereupon, beginning seriously to search into the nature of it, with the many Pleas and Objections made against it; And supposing those learned men who wrote before these Times, were most likely to speak Truth, as being un-interested in our Affairs, and un-concerned in the Controversie, I took a view of their Reasons and Iudgments; and from thence made so many Collections, that putting Them in order, and comparing all together, They Edition: current; Page: [7-009a] soon made a Conquest over mee and my Opinion.

I know the high Talkers, the lighter, & censorious part of People will shoot many a bitter Arrow to wound my Reputation, and charge mee with Levity and Inconstancie, because I am not obstinate like themselves, against Conscience, Right Reason, Necessity, the Custome of all Nations, and the Peace of our own. But this Sort of men I reckon inter Bruta animantia; among whom to doe well is to hear ill; who usually speak amisse of those things that they do not, or will not understand. From Them therefore I appeale to the great Tribunall, where it is known I have in this dealt faithfully; And to the more sober Intelligences, here below, with whom these Papers must needs find the more free entertainment, because free from partiality, and the least Tincture of Faction.

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And that they may be the fitter to walk abroad in the world, I have divided them into Two Parts, and accommodated Them with a Method, suitable to those two Parties whereof the world consists; viz: the Consciencious man, and the Worldling. The former will approve nothing but what is just and equitable; and therefore I have labored to satisfie him (as I have done my Self) touching the Justice of Submission: The latter will imbrace any thing, so it make for his Profit; and therefore I have shewn him the Inconveniences and Dangers, that wil follow his opposition of a settlement. Now, though the other should continue obstinate in their erroneous pretences; yet of this latter sort, I dare promise my Self an abundance of Proselyts, the greater part of the world being led more by Appetites of Convenience and Commodity, than the Dictates of Conscience: Edition: current; Page: [7-010a] And it is a more current way of perswasion, by telling men what will be profitable and convenient for them to do, than what they ought to doe.

But Prethee read, and then doe what thou list: I have only one word more; & that is to our modern Pharisee, the Consciencious Pretender, and principall Disturber of the publique Peace. If hee will not be convinced by so clear Testimonies, but raise more dust about our ears, to amaze the People, it must be concluded; That all this noise of Church-Reformation, Conscience, and Covenant, is a mere malicious Designe to drive on a Faction, for the casting down of our present Governers, that they may set up Themselves in the Seat of Authority.—Farewell, and be wise. Being convinced of the Truth of these Things, I conceive my Self obliged, to shew others the same way of Satisfaction.

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The Contents of the First Part.

Chap. I. THat Governments have their Revolutions, and fatall Periods.

Chap. II. That the Power of the Sword is, and ever hath been, the Foundation of all Titles to Government.

Chap. III. That Non-submission to Government justly deprives men of the benefit of its Protection.

Chap. IV. That a Government erected by a Prevailing Part of the People, is as valid de Jure, as if it had the ratifying Consent of the whole.

Chap. V. That the Oath of Allegiance, and Covenant, are no justifiable Grounds to raise a new Warre, in, or against the Common-wealth of England.

The Intent of the First Part is, to prove the Necessity and Equity: Of the Second, to manifest the Utility and Benefit of a Submission.

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The Case of the Common-wealth, stated.

Part I.

Chap. I.: That Governments have their Revolutions and fatall Periods.

Ecclesiastes cap. 1.THe best of Preachers, Solomon, taking the World for his Text, found no other Application could be made of it then this, That All under the Sun is vanity; and this he proveth (as did the wisest of Philosophers) by the perpetuall rotation of all things in a circle, from* Generation to Corruption. Inest rebus cunctis quidam velut orbis, &c. There is (saith Tacitus) as it were a wheeling of all Things, and a Revolution of Manners as well as Times. Nor are the huge Bodies of Common-wealths exempted from the same Fate with Plants, Brutes, Men, and other petty Individualls; and this by a certaine destiny, or decree of Nature, who in all her Productions, makes the second moment of their perfection, the first toward their dissolution. This was observed to our purpose in the present case, by the Master of Roman Eloquence, Idipsum à Platone, Philosophiâq; didici, naturales esse conversiones Rerumpub. ut eæ tum à Principibus teneantur, tum à populo, tum à singulis. I have learned (saith he) out of Plate’s Philosophy, that Common-weals Edition: current; Page: [7-012a] are altered by Turnes into the severall Formes of Government, Aristocracy, Democracy, and Monarchy. Nor can any reason be given for it, besides those rapid Hurricanoes of fatall necessity, which blow upon our Affaires from all points of the Compasse,

Prudent. lib. post. in Sym.————Sicut variæ nascentibus————

Contingunt pueris animæ, sic urbibus affert

Hora, diésq; suum, cum primùm mænia surgunt,

Aut genium, aut fatum.————

————Certum est & inevitabile fatum,

Ovid.Quod——ratio vincere nulla potest; quodq;

———————Omnia certe sine gubernat.

————————Sic omnia verti

Ovid Metam.Cernimus, atq́, alias assumere pondera gentes;

Concidere has.————

De Fato vide Lips. polit. l. 1. c. 4. & l. 6. c. 2. & in Nobis ad lib. 1. polit. cap. 4.The English of all is, That as men are borne into the world with Soules; so Cities have a Fate or Genius given them, at the first founding of their Walls; and this Fate is so sure and inevitable, that no reason or wit of man can conquer it, but it directs all things to the appointed end. Now that you may understand what Fate is, Minucius Felix calls it, Quod de unoqueq́, nostrum fatus est Deus, that which God hath spoken or determined concerning every man. It is (saith Seneca) that Providence which pulls downe one Kingdome or Government, and sets up another; nor is this done leisurely, and by degrees, but it hurles the powers of the world on a sudden, from the highest pinnacle of glory, to nothing.Clapmar. 124. Vide Richter axiom. pol. à pag. 1. usque ad 50. Hence it is, saith the same Author, (almost in the language of Scripture) that a Kingdome is translated from one Family to another, the Causes whereof are lockt up in the Cabinet of the Deity, though Holy Writ hath left the maine cause of such Changes upon record, viz. the wickednesse and injustice of Rulers. It is the weight of Sinne, which causeth those fatall Circumvolutions in the vast frame of the world;Senec. 2. Nat. quæst. all things being as changeable as the Moone, and in a perpetuall Flux and Reflux, like the Tides that follow her Motion; so that what hath been is that which shall be, and there is no new thing under the Sun.Epist. 92.

It was the weight of Sin which sunke the old world in a Deluge, and hath been the occasion (no doubt) of all succeeding Edition: current; Page: [7-012b] alterations, by permission of Divine Providence,Besold. 309. who leaves the men of the world to the fulfilling of their lusts, that he may accomplish his own Fatalities or Decrees by an execution of Vengeance. Hence it comes to passe, that the best established and mightiest Governments of the world have been but Temporary; witnesse the foure great Monarchies, the Assyrian, the Persian, the Grecian, and the Roman; and the time or Age of a Government hath by some been reputed* for the most part 500. years. As for example, the Assyrian Empire lasted 520. years, till it was ruined by the Medes and Persians.

Isocr. Symm.The Athenian, from their first King Cecrops to Codrus the last, continued 490 yeares, and then it was translated to a popular Government.

Idem.The Lacedemonian Common-wealth, flourished much about the same number of yeares, from the time of their Founder Lycurgus, to the dayes of Alexander the Great, under whom it fell.

Numerous quingentesimus est fatalis. Ultra quingentos annos nou durane Regua, ut oftendunt historiæ omnium Temperum. Peucer. in lest. Chron. Ann. 70. & 1569.The Roman was governed by Consuls about 500. years too, from the expulsion of their Kings, till it was reduced again into a monarchy by Augustus.

After Augustus it stood in this Form, about 500. years more, under Emperors, till Valentinian, the last Emperor of the West. was slain at Rome, at which time the Empire was rent in pieces. The Vandals, under the conduct of Gensaricus, possessed Themselves first of France, then of Spain, at length of Africk, and in Italy of Rome it self. The Scots and English shook off the imperiall yoke in Britain. The Burgundians and Franks seized part of France. The Gothes another part of it, and part of Italy, the Country of Aquitain, with the seats of the ancient Cantabrians and Celtiberians in Spain, whilst the Lombards laid hold on Gallia Cisalpina. By which means, the Emperors had no certain power in the West, after the time of Valentinian; so that relinquishing Rome, the old Imperiall City, they erected an Exarchate at Ravenna,Illud est ab antiquissimâ memeriâ proditum, Civitates omnes Anno quingentesines converti, aut everti. Bodin. lib. 4 de Republ. cap. 1. which was soon destroyed likewise by the Lombards.

Now, though 500. years be reputed the usuall period of Governments; Edition: current; Page: [7-013a] yet some have not atteined above half the number: As the Persian monarchy; which from Cyrus the first to Darius the last, florished no longer than about 230 years.

The Grecian having completed 250, after many Struglings and bloudy Bickerings betwixt the Competitors, was divided into the severall Kingdomes of Macedonia, Syria, Pontus and Egypt.Etsi periodus fatalis regnorum & Rerumpublicarum, plerumque congrunt ad Annos quingentos; tamen muite regna circa medium [Editor: illegible word] Periodi defecerunt. Strigel. 1. Reg. 15. Peucer. de Divin. p. 10.

The* Kingly government of the Romans was abolished, near the one hundred and fiftieth year after its Institution.

The Lombards domineered in Italy 240. years, till they were subdued by Charlemain, and their last King Desiderius banished with his Wife and Children.

But this is not all; I can tell you of many Royall Families and famous Governments, that have had their fatall periods in a very short revolution of time, not exceeding 100. years. As, in the one hundreth year after the Empire of Augustus, the Roman government came into the hands of Princes that were strangers, as Nerva, Trajan, Adrian, by nation Spaniards.

In the year of our Lord 200. Artaxerxes erected a new Kingdom of the Persians out of the Ruines of the Parthians.

In the year 300. the Roman Empire was committed to the tutelage of Princes Christian, as Constantius and Constantine the Great.V. P. Greg. lib. 21. de repub. cap. 5. & Greg. Richt. in Axiom pol.

Anno Domini 400. divers new Kingdoms were raised out of the Ashes of the Empire, inflamed by Divisions, viz. in Italy, France, Spain, Africk, Asia, and England.

Anno 500. the Western part of the Roman Empire was extinct, untill the time of Charlemain, and swallowed up at Constantinople in the Grecian.Annos 100. est fatalis principibus Families. Matthias Christianus in specul. 171. vide Richt. in Axio. Occ. 23.

I could rockon up many more of these short-liv’d Governments. But this may suffice to shew, that (sooner or later) they all have their fatall Periods; their Crowns are laid the in dust, and their Glories buried in the Grave of oblivion. No wonder then, if our English Monarchy, having arrived to almost 600. yeares since the Conquest, should now (according to the common Fate of all other Governments) resigne up her Interest to some other Power, Family, or Form. The late Commotions Edition: current; Page: [7-013b] and Contests betwixt King and Parliament,The Empire hath been usually translated from Family to Family, at the end of the one hundreth year. were as so many sharp Fits and feaverish distempers (which by a kind of Antiperistasis are ever most violent in old Age) upon the approaching Instants of dissolution. The Corruption of the old Form hath proved the generation of another, which is already setled in a way visible and most Substantiall, before all the world; so that ’tis not to be doubted but (in despight of* opposition) it will have a season of continuance (as others have had) according to the proportion of time allotted by Divine Providence. And this I am the more apt to beleeve, in regard of it’s confirmation by a continued Series of many signall Victories and Successes, to the envie of all Opposers, and amazement of the world: Besides, I suppose it cannot be exemplyfied in History, that ever Kings were suddenly re-admitted, after they had been once expelled out of a Nation.Ibid. If any one case of this kind may be produced, there are an hundred to the contrary: So that if it be considered likewise, how the Worm works in many parts of Europe to cast off the Regall yoke (especially) in France, Scotland, Ireland,Contesimas periodos fatales esse reguic, [Editor: illegible word]; regils Stirpibus, oftendens bistoriarum monumeta. Peu. in ores. de miraculasâ Stellâ. and other places) it must needs be as much madnesse to strive against the stream, for the upholding of a power cast down by the Almighty, as it was for the old Sons of Earth to heap up Mountains against Heaven. And when all is done, * we shall find it but labor in vain; that we have but fortified Castles in the Aire against fatall Necessity, to maintain a phantasie of pretended Loyalty; the consequence whereof will be, that at length in coole Bloud we may have leisure to consider, how foolishly we have hazarded our lives and Fortunes, and sacrificed the lives of others, with the common good and peace of the Nation, for the satisfying of an Opiniated humor.

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Cap. II.: That the Power of the Sword is, and ever hath been, the Foundation of all Titles to Government.

TO cleare this, we need doe no more but take a review of those Governments mentioned in the former Chapter, in their Rise and Revolutions. The World, after the Flood, in time grew more populous, and more exceeding vitious, being inclined to rapine, Ambition &c. so that the Pater-familias way of Government being insufficient to correct those grand enormities, there was need of some one more potent than the rest, that might restraine them by Force.Vide Pererium supra Genesiu. Upon which Ground it was, that Nimrod, first of all men, complotted a new and arbitrary way of Government, backing it with Power by a Party of his owne, that those Crimes which could not be cured by Perswasion, might be cut off by Compulsion; and that by a Power seated in his owne Sword and Will, he might oppose the wilfulnesse of others: But he, afterwards abusing this Power, by stretching his owne will too farre over other men’s wills, to the prejudice of their wel-being, and oppression of the Church, became the first Tyrant in the world;Gen. cap. 10. and therefore was called a mighty hunter, as having used his power to no other end, but to lay the Foundations of Idolatry and Tyranny.

Thus you see the Power of the Sword to be the Originall of the first Monarchy, and indeed the first politicall Form of Government that ever was; for the maintenance whereof he fortified himself in the lofty Tower of Babel, the Beginning of the Babylonian or Assyrian Government, which last name it took under Ninus, and from him continued in a Succession of 36 Kings, down to Sardanapalus; who was overcome in Battell by a conspiracy of his Captaines;Vide Justinum, & alios. among whom Arbaces the Governor of Medices being chief, reigned in his stead, & by his Sword Translated the Title into his own Family, from the Assyrians to the Medes; with whom it continued in a Succession of 9 Princes, till the Sword made King Astyages give a Surrender to Cyrus the Persian, the last of whose Successors, Darius, yeilded it up Edition: current; Page: [7-014b] upon the same Termes to Alexander the Great, who erected the grand Monarchy of the Grecians.Veluti, è speculâ quadam, libertati omnium insidiatus, dum conteutiones civitatum alit, auxiliti inserioribus serento, victos pariter victorésque subire regiä servitutem coegit. Just. lib. 8. King Philip, the Father of this Alexander, was confined at first within the narrow compasse of Macedonia, too narrow for his Ambition; and therefore by fomenting quarrels betwixt the Thebans, Phocians, Lacedemonians, and Athenians, he found meanes to undermine them one after another, and by his Sword made way for a Title, through those petty Common-weales, to the Monarchy of Greece; which being improved the same way by his Sonne to the Dominion of the whole World, was lost againe to the Romans by King Perseus, the last of the Macedonians; all whose Glories, with those of his Predecessors, served in the end onely to aggravate his misfortunes, and magnifie the Triumphs of a Roman Consul. But the Title to that of Macedonia and the other Provinces, had been lost from the Family of Alexander above 150 yeares before, it being immediatly upon his death, bandyed by the great men of his Army, and his Mother, Wives, and Children slaine by Cassander; who, with Antigonus, Seleucus, and Ptolomie, having by Conquest rid their hands of all other Competitors, shared the Empire betweene Themselves, Cassander reigning in Macedonia, Antigonus in Asia, Seleucus in Syria, and Ptolomie in Egypt; all whose Successors successively resigned their Titles (as did Perseus the Successor of Cassander) to the Sword of the Romans.

If we looke to the Originall of the Romans, we find Romulus and his Successors, founding a Kingdom upon the ruines of their Kindred, Friends, and Neighbors. Next, the Kingly Title gained by the Sword and Subtilty, was the same way derived to divers of the 7 Kings, and at length extinguish’d in Tarquin by the Sword of the Senate; wherewith They drave, and kept him out of his Dominions, and made a Title to those also of other Nations, so farre, that in the end They entituled Themselves Lords of the whole Earth; and so continued, till Cæsar wresting the Sword out of their Hands, became Master both of it and Them. Most of the Successors of Cæsar likewise made way by the Sword to the Imperiall Chaire; as Augustus by the ruine of Lepidus and Conquest of Anthony; Claudius, Nero, and most of the rest, by policy, murther, and the Favor of the Soldiery. Edition: current; Page: [7-015a] At length the Sword divided the Empire into East and West, and in the same manner likewise each of them suffered many Titular Subdivisions, till new Titles were raised in the West, by the Sword of the Gothes and Vandals; in the East, by the Turks and Saracens.

If this be not obvious enough out of profane Histories, take a view of those in holy Writ, where you shall find the Sword the onely Disposer, and Dispenser of Titles to Common-weales & Kingdomes. We find Jacob on his Death-bed, bequeathing one Portion to Joseph above the rest of his Brethren; and that was a Parcell which he tooke out of the hand of the Amorite with his Sword,Gen. 48. v. 22. and with his Bow; unto which Parcell the Scripture mentions not any Title that Jacob had, but by his Sword. And as for the Title which his Posterity had unto the Land of Canaan, though it were allotted Them by divine promise and dispensation; yet (as to the eye of the world) They were to lay Claime and take possession by the Power of the Sword, and so accordingly They received Commission to ratifie their Title, by a Conquest of the Canaanites; after which, Jure gentium, it became for ever unquestionable.

In the History of the Kings of Israel, we read, that most of their Titles have been founded upon powerfull usurpation: such was that of Jeroboam; who, though the Kingdome were designed to him by a Declaration from Heaven in the mouth of the Prophet, erred notwithstanding in his over-speedy invading the Soveraignty by Force; and that Act of his is branded with the black Character of Rebellion. Yet being thus gotten into the Throne, God would not suffer him to be disturbed, saying,1 Kings 13. 24. the Thing was from him; that is, by his permission; And so he that was a Traytor in Rebellion, being once invested by a meere permissive Act of Providence, came to have a positive Right, to the prejudice of him that was his Soveraigne, and to the exercise of Jurisdiction over those, that had been of late his Fellow-Subjects.

1 Kings 15. 27.After Jeroboam reigned his Son Nadab, who was conquered and slaine in Battell at Gibbethon, by Baasha, who with his Sword setled the Crown upon his owne head, which was worne afterward by his Sonne Elah, till he likewise was slaine, and the Edition: current; Page: [7-015b] Crown by force of Armes usurped by Zimri;Cap. 16. from whom also it was snatched in the same manner by Omri; who died peaceably, and left the Succession to his Sonne Ahab, without the least Scruple all this while on the Peoples part, in point of Submission and Obedience to these usurped Powers. Adde to these Usurpations that of Nebuchadnezzar over the holy City, which he tooke by Force of Armes, and carried away many of the Jewes, with their King Jehoiakim into Captivity to Babylon;2 Chron. c. 36. an Action as full of Injustice and Cruelty as most that we read of: yet Nebuchadnezzar being once in possession by Conquest, his Title became Right and good; as may appeare by the Report given concerning Zedekiah the Successor of Jehoiakim, of whom it is said, that he rebelled against Nebuchadnezzar;Ver. 13. which implies an investiture of Right in Nebuchadnezzar by the Sword, or else that Resistance of Zedekiah could not be called Rebellion.

To come a little nearer, and give you a Sight of this Truth in Moderne Practises, it will be very convenient a little to examine the Rights and Titles of present Princes to their severall Principalities, within Christendome; whom if we trace up to their Originalls, we shall finde to have no other dependance than upon the Sword. What Pretence had Ferdinand the Spaniard to seize upon the Kingdome of Navarre,Vide Anto. Nebrilsensem de bello Navarriensi. but onely to satisfie the Spleen of Pope Julius 2d, and his owne Ambition against the French? for which cause, to make his way the easier, he set upon John Albret unawares, and forced him with his Queen and Children quite out of his Dominions; which he afterward held in possession, and brought the People under his Allegiance.

In the same manner, Philip the second, with an Army under the Command of the Duke of Alva, set upon Don Antonio King of Portugall, and after he had subdued the Kingdome, laid Claime to the Crowne as his owne by Right; which he and his Successors held, till that now of late, in the Reigne of Philip the fourth, it was recovered againe by the Sword of Don John of Braganza. Faire Titles to the Succession were pretended on both Sides; but if either have the better this way, it must be Don John, as being descended from Edward, a third Sonne, Edition: current; Page: [7-016a] whereas the Spaniard descends from Elizabeth, the youngest Daughter, of Emanuel King of Portugall. Yet it seemes Possession hath hitherto been held the best Title, and the Portugalls having of late outed the Spaniard, made bold to stop his mouth with this Answer:Vide Autorem Lusitaniæ liberatæ. That his Predecessor Philip 2d, had no Right to the Crowne, it being contrary to their Fundamentall Lawes, that any Foreiner should succeed in the Kingdome: And that it was lawfull for a Kingdome oppressed by Armes, by Armes againe to recover its antient liberty: which is enough to shew, that the Spaniard neither had, nor hath, any Title, beside his Sword, to lay Claim to the Kingdome of Portugall.

That Arragon was fairly annexed to the Crowne of Castile, by the Marriage of Ferdinand and Isabella, cannot be denied; yet it is notorious to all the world, that the Spaniard hath since this union usurped much more in Arragon by Force, than his Predecessors injoyed before by Right, and dealt no otherwise with that Kingdome, than if it were his by Conquest, exercising an absolute Tyranny therein,Covaruv. pr. Quast. 1. as well as other his Dominions. To this end he abolished the antient and most excellent Constitution of that eminent Office, called, the Justice of Arragon; whereto some one Person was chosen by the Vote of the People, who in most Cases had a Power to controll the King. This was so great an Eye-sore to Philip the second, that (as Petrus Matthæus saith) he number’d these among the most glorious of his Actions, That he had lessened the Power of the Arragonians, deprived them of their greatest Priviledges, and demolished that grand Office, called, the Justice, the Bulwarke of their Liberty: So that what Title the Spaniard now hath to Tyrannize in Arragon, is founded onely upon Force and Usurpation. If we turne our eyes likewise upon his other Dominions, in America, and those here in Europe; as Sicily, Naples, Milain, Flanders, &c. his Title stands in all upon the same Termes, viz: a Possession by the Power of the Sword.Ut patet ex aurea Bullà Caroli IV. c. 17.

And this is just as much Right as his Kinsman the Emperour had to lay claime to the Kingdome of Bohemia, and afterward to seize upon the Palatinate; Bohemia being an Elective Kingdome that had Power of themselves to choose whom they pleased for King,See Instrumentum Pack. and so made choice of the Prince Elector Frederick, Edition: current; Page: [7-016b] whom the Emperour made bold to drive out of that and his owne Countrey by Force of Armes, because he accepted of the Election; And not onely so, but after Frederick was dead, prosecuted the warre,Feuda Germanica, pracipuè diguitatum illustrium, ex provisione Legie fundamentalls, & consuetudine perpetuæ observation, ita ad Liberos & Agnatos pertinent, ut nec crimine lasæ Majestatis consiscari, nec bello justo, iu præjudicum Liberorum amitti possint. ut aiunt J. C. Germani. to the prejudice of his Heire, the present Pr. Elector, whom he hath constrained to quit his Dignity of the first Electorship, and resigne it, with the best part of his Dominions, upon hard Termes, to the Duke of Bavaria; so that what Title the Emperour hath to Bohemia, and the Duke to the rest, is derived rather from the Sword of Mars, than the Scepter of Jove by right of Succession.

This Act of violence against the Prince Elector gave an Alarm to the other Protestant Princes of Germany, to defend their Estates by Armes from the Incroachments of the Emperour; and therefore to avoid the Inconveniences of emulation between Themselves, They made choice of the Swede to be their Chiefe; who, moved partly by the Common Interest of Religion, but especially for severall Injuries done him by the Emperour, (as may be read in that King’s Manifesto) undertooke the warre, and with his Sword hath carved out a Title to many faire Countries and Priviledges, within the Empire.

What Title have the Swisses, the Hollanders, Geneva, &c. to their Liberty, but the Sword? On the other side, what Title have the Medices to dominere over the free States of Florence, and Siena, to the utter ruine of their Liberties, but onely Force? whereby Cosmus introducing an absolute Tyranny, under the name of Duke made himselfe more than a King, and (in emulation of the Muscovite) glorified his Successors with the Stile of Great Dukes of Tuscany.See Instrument. Pack.

How the Pope’s Temporall power (which was once so small) in Italy, came to be thus considerable, is easily known, if we take an Accompt of the Actions of Alexander the sixth, who, of all the Popes that ever were,Plemon Reguil est iu Florentino Ducam, quale plerumque subsequitur Armis oppressã Libertatẽ. Besold. in Sympli. cap. 4. shewed what a Pope was able to doe with Money and Armes, and having a mind to make his Sonne, Cæsar Borgia, a Prince in Italy, he taught him how to make use of the French Forces to build himself a Fortune in Romania, Edition: current; Page: [7-017a] upon the mine of the Barons of that Country. And though the Pope’s Intent thereby was not to enlarge the Church-Dominions, but to make his Sonne great; yet after his Sons death, it turned to the Churches advantage, the succeeding Pope seizing upon all, as Heire of Borgia’s Usurpations, founded upon Blood and Treachery. After this Pope, succeeded Julius, who finding the Church thus made great, the Barons of Rome quite extinct, and their Parties worne out by Alexanders persecutions, found also the way open for heaping up moneys, never practised before Alexander’s time; wherewith acquiring Forces,Nic. Mach. de Principe. c. 11. He endeavoured to make himselfe Master also of Bolonia, to extinguish the Venetians, and chase the French out of Italy; in most of which Designes he gain’d happy Successe. And thus you see, how his Holinesse himselfe came by a Title to his Temporall Possessions; yet as among the Jewes, none but the high Priest might enter the Sanctum Sanctorum, so the Roman high Priest, that none might presume to enter upon his Territories, hath ever since gilded these magna latrocinia, these great Robberies, with the faire Title of Saint Peters Patrimony; so that having entailed it on himselfe first by the Sword of Peter, it hath been the easier ever since, by vertue of the Keyes, to lock the right Owners out of possession.

Out of Italy let us passe into France, and there we finde Charles the seventh, who, when his Title to the Crowne was adjudged in Parliament lesse valid, than that of the Queene of England, appealed to his* Sword, as the only Protector and Patron of Titles. Of this Truth, the Realme of France is a most sad example at this day, where the Tyranny of their Kings is founded and preserved by Force, not onely upon the shoulders of the Peasant, but on the destruction of their antient Princes, and the majesty of Parliament; which retaines not so much as a shadow of their old Liberty. What is become of the Dutchies of Normandy, Britany, Aquitaine, Burgundy, &c? what Title had the French Kings to those Countries, till They worm’d and worried out the right Owners by Force of Armes? what Claim had They to this absolute Domination over Parliaments, but Tyrannicall usurpation? yet Lewis the† eleventh gloried in Edition: current; Page: [7-017b] the Action, as if the Fleurs de Lys never flourished so well,Lehmann. 2. cap. 4. as when they were watered with the Blood and Teares of the People. For, according to the antient Constitution, that Kingdome retained a mixture of Aristocraticall power; so that the then supreme Court of Parliament at Paris had a Principall share in the Government, and nothing was imposed on the People, but by the Consent of their Deputies: But now, having been mined out of their Authority by the powerfull Incroachments of their Kings, and being over awed by armed Powers held continually in Pay for the purpose, their Authorty is defunct, and their common Interest in the Affaires of the Publique translated into a private Councell d’Estat, which depends upon the meer will of the King:Senatus Parisiensis in Iudicã curiam transmutatus, Besold. And so the Parliament of Paris, which was once the Supreme Councell, having surrendred its Title to the Sword of the King, serves now onely for a petty Court of Judicature, and a meer Mock-show of Majesty —— Thus we see the French King’s Title to what he holds at home; and if we looke abroad, he hath but the same Right to what he got in Catalonia and Flanders: And yet we must needs say, it is as good every jot as that of the Spaniard, whose best Plea is, that his Theeveries there have been of a longer Prescription:See Maluezzi, in the Events of the Spanish Monarchy. And upon the same Termes, of late yeares, They have both laine at Catch for the Dutchy of Savoy, and severall parcels of Germany.

Here likewise I might sift the Title of the Family of Oldenburgh (the stock of the late King) to the Crown of Denmark, and of Denmark it self to the Dutchy of Holstein; but to bring this discourse to a Period, I shall draw nearer home, and make it as clearly appear likewise; that the Power of the Sword ever hath been the Foundation of all Titles to Government in England, both before, and since the Norman Conquest.Cæsar in Commons. First, the Sword of Cæsar triumphed over the Liberties of poor Britaines, and gave the Romans here a Title to their Dominion. Afterwards, their Liberty returning again, when the Roman Empire fell to pieces, a new Title was setled by the Sword of our Progenitors the Saxons; who submitted for a Time,See the English Chron. upon the same Termes also, to the Danes, till the Saxons, impatient of the yoke, out-acted (by way of Precedent) the Parisian Massacre, or Sicilian Vespers, and made use of their Knives, instead of their Edition: current; Page: [7-018a] Swords, to recover their own Title against the Danish Tyranny, Now, if in these nationall Revolutions of Government, I should examine those also of the Regall Families, we cannot from any examples produce more pregnant Instances, concerning the Transitions of Title, from Family to Family, meerly upon the accompt of the Sword: But I wave those, and will take a view of our own Affaires at a lesse remote distance, and see whether William the Conquerour translated the Government, upon any better Termes into the hands of the Normans.

Histor. Norman.And upon examination it appears, he had no better Title to England, than the rest before-mentioned had at first to their severall Countries, or than his Predecessor Rollo had to Normandy it self. For, about 120. yeares before, it hapned that this Rollo issued in the head of a barbarous Rout, out of Denmark and Norway; first, into the Dutchies of Frize and Henault; afterward he seated himself by Force in the possession of Rohan; in a short time of all Normandy, and missed but a little of the Conquest of Paris.

From him, this William was the sixth Duke of Normandy; who, though a Bastard, legitimated his Title, by the successe of severall Battels, against six or seven of his Competitors, more clear in Bloud than himself; by which means having secured his Claim at home, he became the more confident to tempt his Fortune with a designe upon England. As for any Right to the Crown, he had none, save a frivolous Testamentary Title, pretending that it was bequeathed to him by the last Will of his Kinsman, K. Edward the Confessor; upon which pretence he betook himself to Armes, and with a Collection of Forces out of Normandy, France, Flanders, and other Countries, landing in Sussex, he gave Battell at Hastings, and established himself a Title by Conquest upon the destruction of King Harold, and of the * Lawes and Liberties of the Nation, as may be seen in all our Chronicles.

After him, his Sonnes, the two succeeding Kings, William Rufus, and Henry the first, made good their Succession by the Sword, against Robert, their elder Brother, as did King Stephen a Stranger against Maud the Empresse, the right Heire of that Henry. Next to Stephen succeeded Henry the second, the Son Edition: current; Page: [7-018b] of Maud, who, as Heire of his Predecessors way of Usurpation, Quarter’d the Armes of England with the Lordship of Ireland, by the Sword; as his Successor Edward the first, by the same means, cemented the Principality of Wales to the Kingdome of England; with the Blood of Leoline and his Brother David, the last of the Welch Princes.See the Chronicles. Next, Edward the second was forced by Armes to surrender his Right to his Sonne Edward the third, whose Grand-child Richard the second was in like manner by force of Armes deprived by Henry of Lancaster, whose Sonne Henry the fifth made good not onely that Title, but carved out a new one with his Sword to the Crowne of France, in defiance of the Salick Constitution; and left it so confirmed unto his Sonne Henry the sixth, that he was Crowned King of France at Paris, and so continued, till (Fortune turning) his Title was Cancell’d there by the Sword of the French, as it was likewise in England by that of Edward the fourth; whose Sonne Edward the fifth left the Crowne in the bloody hands of Richard the third, from whence it was wrested by Henry the seventh. This Henry (from whom the late King derived his Claime) came in with an Army, and (as one hath well observed) by meere Power was made King in the Army, and by the Army; so that in the very Field where he got the Victory, the Crowne was set upon his Head, and there he gave Knighthood to many of his Commanders. Upon this Foundation of Military Power, he got himselfe afterwards solemnly Crowned at Westminster. And soone after, upon Authority thus gotten, he called a Parliament, and in that Parliament was the Crowne entailed upon Him and his Heires. Thus both his Crowne and his Parliament were founded upon Power: As for any just Title, he could have none; for, he descended from a Bastard of John of Gaunt, which (though legitimated for common Inheritances, yet) expresly was excluded from Succession to the Crowne. And for his Wives Title, that came in after his Kingship, and his Parliament, which had setled the Crowne before upon him and his Heirs. And he was so farre from exercising Authority in her Right, that her Name is not used in any Lawes, as Queen Mary’s was, both before and after her Marriage with the Spanish King.

Now, having made it evident out of the Histories of all Times, our own, and other Nations, that the Power of the Sword ever Edition: current; Page: [7-019a] hath been the Foundation of Titles to Government, it is as cleare likewise out of the same Histories, that the People never presumed to spurne at those Powers, but (for publique Peace and quiet) paid a patient Submission to them, under their various Revolutions. But it were vaine to raise more dust out of the Cobwebs of Antiquity in so limpid a Case, confirmed by the Practises of all Nations: Looke nearer our owne Times into the warres of Germany, and those betwixt the French and Spanish of late Time in Catalonia and Flanders; one while you might have seen the same Towne under the Power of the Emperour, another while under the Swede; this yeare under the French, the next under the Spaniard, and upon every new alteration, without scruple, paying a new Allegiance and Submission, and never so much as blamed for it by the Divines of their owne, or any other Nation. Moreover, none can deny, but that as Henry the seventh, and the rest before-mentioned, came into this Kingdome by meer Power, without Title of inheritance; so the whole Body of this Nation (as one observes) swore Fealty and Allegiance to them, and obeyed them whilst they ruled; yea, doth yeild Subjection to their Lawes at this very day. And the learned in the Lawes doe continually plead, judge, justifie, and condemne, according to those Lawes; So that herein the very voice of the Nation, with one consent, seemes to speak aloud: That those whose Title is supposed unlawfull, and founded meerly upon Force, yet being possessed of Authority may lawfully be obeyed.Vide Grotium, de jure Belli, l. 3. cap. 15. Bello ut alia acquirl possunt, ita & jus Imperantis, &c. Not may They onely, but they must, else by the Judgement of Civilians, such as refuse may be punished as seditious and Trayterous; the Victors being ever allowed (Jure gentium) to use all meanes for securing what They have gotten, and to exercise a Right of Dominion over the Conquer’d Party. Whosoever therefore shall refuse Submission to an established Government, upon Pretence of Conscience, in regard of former Allegiances, Oathes, and Covenants; or upon supposition that it is by the Sword unlawfully erected, deserves none but the Character of peevish, and a man obstinate against the Reason and Custome of the whole world. Let his pretence be what it will, Resistance, in the eye of the Law of Nations, is Treason; and if he will needs perish in the Flames of his owne phren’tick Edition: current; Page: [7-019b] Zeale, he can at the best he reckoned but the Mad-mans Saint, and the Foole’s Martyr.

Horat.Nescio an Anticyram ratio illi destinet amnem.

Chap. III.: That Non-submission to Government justly deprives Men of the benefit of its Protection.

IF at any time it seeme good to the wise disposer of States and Kingdomes (who puts down one, and sess up another) to permit the expulsion of such as were formerly in possession, and admit others in their places, it cannot in reason be expected, that those which refuse obedience to their Authority should receive the Benefit of Protection; and that for severall considerations.

First, because Protection implyes a Return of obedience and Friendship, from the persons protected, to those that protect them; otherwise they put themselves into the condition of Enemies, and by the Law of Nations, which indulges a liberty unto all that are in power to provide for their owne security, they may be handled as Publique Enemies, and Out-lawes; wherefore in this Case, so little of Protection is due to them, that they may be punished as Traitors, by some shamefull Execution. And it appeares out of Grotius,De Iure Belli. lib. 3. cap. 20. in case of Non-submission, to new Lords after a Victory, the Throats of every Refuser are wholly at their mercy; and all this, De Jure.

Secondly, there being a necessity of some Government at all times, for the maintenance of Civill conversation, and to avoid Confusion, therefore such as will not submit, because they cannot have such a Governour as Themselves like, are in some sense meere Anarchists,3. Polit. cap. 4. 1 Polit. cap. 2. & lib. 2. c. 4. & 6. and destroy the two maine ends of all Civill Communion: The first whereof Aristotle sets downe to be Publique Safety, in relation whereunto each Member of the Commonwealth is concerned to have a care of the whole: The second is Publique Equity, for the Administration of Justice, Edition: current; Page: [7-020a] encouragement of Vertue, and punishment of Vice, without which it’s impossible to enjoy Peace or Happinesse. Where this humour reignes, there those two can never be secured, nor any politicall eutaxie,Arist. 1. Polit. cap. 5. Bellarm. de Laicis, cap. 5. Molina. de Iure & Iust. Tract. 2. dist. 26. good Order, or Tranquillity maintained, which is the very Soul of Government; forasmuch as (say the Civilians) the essence of a Common-weal consists, Ratione Imperandi & parendi; in Imperii & Subjectionis rectâ ordinatione, in a due course of Commanding and Obeying, Rule and Subjection: From whence (say they) we may conclude, Regere & Subjici, that Rule and Subjection are founded upon the Law both of God and Nature, and they must needs be Transgressors against both, that upon any Pretence whatsoever shall refuse to obey those Powers that are set over them, and open a Gap to Confusion, ipsa Tyrannide deteriorem, offar worse consequence than any Tyrannicall usurpation.

Thirdly, private and particular Persons have no Right to question how those came by their Power that are in Authority over Them; for, if that were once admitted,Iudicium sibi privatus funere non deber, sed possessionem sequi. lib. 1. c. 4. there would be no end of disputes in the world touching Titles. It is ground enough for the submission of particular Persons in things of politicall equity, that those which have gotten the Power, are irresistable, and able to force it, if They refuse: For, as touching this Case (saith the most excellent Grotius) Private persons ought not to take upon them to meddle with these Controversies in point of Title, but rather to follow them that are in possession. For, all Power is from God; and, our Saviour told Pilate, the Power that he had was given him from above,Respectu prima Cause omniz Imperia legitima esse concedo; sed si quæras de causis intermediis, &c. though all the world knowes that Pilate was but a Deputy-governour, and (in a civill acceptation) received his Power from Cæsar, who was an Usurper. To this accords that of Bodinus 1. de repub. cap. 6. who saith that all Governments are lawfull, in respect of the first Cause, viz. God; but on the other side, if we regard secondary Causes, all Governments have had their Beginning and Foundation upon Force and Violence. Now, since all commanding Powers hold their Supremacy from God, and that by the Law of Nations, They have a Right to exercise their Power over those whom they hold in possession; Therefore by the Law of God (which damnes resistance against those Powers)Rom. 13. and by the same Law of Edition: current; Page: [7-020b] Nations, they which refuse submission to those Powers, (be They just or unjust by the way of Acquisition) may be justly deprived of their Possessions and Protection.

Tract. de Mejest. cap. 1.To those Testimonies before Cited, let me adde one more, to conclude, out of Bocerus. Contra Rempublicam quamcunq́, superiorem non recognoscentem, si quis aliquid moliatur; is, ut Criminis Majestatis reus puniatur: Non quidem ex lege Juliâ; sed Jure gentibus communi, quod cujustibet Imperantis tuetur Majestatem. If any man attempt ought against any Common-wealth whatsoever, that acknowledges no Superiour, he may be punished as guilty of Treason. And this, by the Custome and Law of Nations, which provides for the Authority and Safety of all that are in Power. Now (saith the same Author) If any person will not acknowledge,De Regalibus, cap. 3. num. 307. nor submit to those that rule the Common-wealth, it is to be presumed that he hath some designe in hand to their Prejudice, and he may be punished accordingly; which punishment (the Crime being Treason) amounts to losse of Life, as well as Possession and Protection.

Chap. IV.: That a Government erected by a prevailing Part of the People is as valid de Jure, as if it had the ratifying consent of the whole.

SInce after the miserable Confusions of a Civill War, there is in the end a necessity of some Settlement, it cannot in Reason be imagined (when the Controversie is decided by the Sword) that the Conquerors should, as to the manner of settlement, submit to the will of the Conquered Party, though more in number than Themselves; nor are they obliged to settle the Government again, according to the former Lawes and Constitutions, but may, in this case, use such means as* nature instructs them in, and erect such a Form as They themselves conceive most convenient for their own Preservation. To this truth we have the Testimony of the most Learned Grotius, which I will set down at large. In belle Civili, scripta quidem Jura, id est civilia, non valent; at valent non scripta, id est, quæ natura dictat, Edition: current; Page: [7-021a] aut gentium consensus constituit. In a Civil war, (saith he) written Laws, that is, the established Laws of a Nation, are of no Force, but those only which are not-written, that is, which are agreeable to the dictates of Nature, or the Law & custom of Nations. And then that only in Law (saith he) which shall be declared by the prevailing Party.Grotius ibid. Jur dicitur esse id quod validiori placuit, ut intelligamus fine suo carere Jus, nisi vires ministras habeat. That onely which it pleaseth the stronger Party to enact is said to be Law, since it cannot accomplish the outward end of a Law,Nic. Mach. de Principe, cap. 6. except it be attended by Force to constrain obedience. Hence came it (saith the Florentine Secretary) that all the Prophets that were arm’d, prevailed; but those that were unarm’d were too weake. And therefore it behoves all Legislators to be so provided, that if the People will not be ruled, they may compell them by Force.See Grotias ib. Moses, Cyrus, Theseus, and Romulus, would never have been able long to continue the Authority of their Lawes, had they been without Arms at Command. And Solon himself, the great Athenian Law-giver, declares, he could never have established his Lawes at Athens, had he not had Power to second Them; and that all those great matters which he effected in founding a Common-wealth, he did,

Vim Iusq; paritis copulans vincii Iugo.‘Ὁμ[Editor: illegible letter] [Editor: illegible letter]ίον τε ϰί δίϰ[Editor: illegible letter]ω συμαϱμόσας.

by coupling Law and Force, making Authority and Power walk hand in hand together.

Grot. lib. 1. c. 4.Moreover, as to the late Contest betwixt King and Parliament, Grotius speaks very home to justifie the Parliament’s late Proceedings in positive Terms: Si rex partem habeat summi Imperii. partem alteram populus aut Senatus, Regi in partem non suam involanti, vis justa opponi poterit, quia eatenus Imperium non habet: Quod ubi fit, potest Rex etiam suam Imperii partem belli Jure amittere; that is in English, If the Authority be divided betwixt a King and his People in Parliament, so that the King hath one part, the People another; the King offering to incroach upon that part which is none of his, may lawfully be opposed by force of Arms, because he exceeds the Bounds of his Authority. And not only so, but he may lose his own part likewise, by the* Law of Arms. From whence I plainly infer; that if a King Edition: current; Page: [7-021b] may thus, by Right of war,Evcutus belli, velut æquus judex, unde Ius stabat, victoriam dedit, Livius. 21. lose his share and Interest in Authority and Power, being conquered; then on the other side, by Right of war, the whole must needs reside in that Part of the People which prevailed over him, there being no middle Power to make any Claim: And so the consequence is cleare likewise, That the whole Right of Kingly Authority being by military decision resolved into the prevailing Party, what Government so ever it pleases them next to erect, is as valid de Jure, as if it had the Consent of the whole Body of the People.

These Premises thus laid upon-a sure Ground, shew the weaknesse of his, who wrote that so much magnified Pamphlet, entituled, [An Exercitation concerning Usurped Powers, &c.] For the Designe of that gilded Structure, raised upon the sandy Foundation of a false Hypothesis, is, obliquely to charge the present Powers in England as Usurpers, though he have laid the Scene in America. To this purpose, he spends his first Chapter; where telling what Usurpation is, he defines it an Intrusion into the Seat of Authority, without any lawfull Right, Title, or calling; and insinuates it to the prejudice of the present Governers, as if they were guilty of this Intrusion, without Right or Title. In applying this, he first alledgeth, that the Right and Title to Government is in a King, Lords, & Commons, co-ordinate in power, not in the Commons alone. This indeed was true, till the King (as I shewed before) lost his Title by Right of war, and untill the Lords likewise lost theirs, by complyance with the Enemies and Invaders of the Nation; for which cause they Themselves also, by Right of war, forfeited all their Interests and Priviledges, as Enemies; and so the whole Authority devolved naturally into the hands of the Commons.

But here the Exercitator objects also, that the present Governers have usurped over the majority of the House of Commons, in that they were thrust out of the House by Force. But (for Answer) since by the equity of all Lawes, Accessaries are punishable as well as those that are principall in the Crime, therefore by the same Right of war, the secluded Members also, in adhering to the conquered Party, even after the Victory, and favouring the Invaders, were justly deprived of their Interest, and the supreme† Authority descended lawfully to those Members, Edition: current; Page: [7-022a] that had the Courage to assert their Freedoms, secure their own Interest, themselves and their Adherents from future Inconveniences, and take the Forfeiture of those Prerogatives and Priviledges of the King, Lords, and secluded Commons, as Heires apparent, by the Law of Arms, and Custom of Nations, to an Investiture in the whole Supremacie.

One Objection more he hath; how that a Calling from the People being necessary and essentiall, to a humanely constituted Magistracie, our present Governers ought to have such a Call; but not having it, They are therefore concluded guilty of Usurpation. This is the summ of the Objection, though not Syllogistically deciphered. To which I answer, 1. That if only a Call from the People constitute a lawfull Magistracie, then there hath very rarely ever been any lawfull Magistracie in the world, nor among us long before and since the Conquest. The Proofe of this may be confirmed, by a Review of those Instances set downe before in the second Chapter; where it is evident, that all the world over, most Princes came into the Seat of Authority not only without a Call, but absolutely against the wills of the People, and so, many of them exercise thee Soveraignty to this very day: And particularly, here in England, most of our own Kings reigned without any Call, but made way by their Swords; there being of those 25 Princes that have King’d it among us, not above half a dozen that came to the Crown in an orderly Succession, either by lineall or collaterall Title: And not any any one of those half dozen but laid Claim to it, by vertue of their Predecessors Usurpations, without any Call from the People; only in thee Investiture They had their consent, because out of a love of publique Peace none would, or out of Fear, none durst offer to question their Titles. Now, if the former part of this Objection were true, that a Call were the only Essentiall, constituting a lawfull Government, then it would follow, that, as all the world, so we and our Ancestors have lived and paid obedience for the most part, under an unlawfull Magistracie; which sure no sober man will affirm. But if any will be so mad as to say it, I only propound to him this sober Quare, Why we may not now as lawfully submit to the present Magistracie, in case it were unlawfull, as our Ancestors Edition: current; Page: [7-022b] did heretofore to theirs, for the publique Peace of the Nation?

2. As to the Assumptive part of this Objection, which insinuates, that our present Governours have no Call or Consent of the People,Majestatem rexlem durare constat, quamdiu, vel vi majore, vel omnium quorii interest conseusu, non mutatur. Besold. de maiest. cap. 1. Dicitur verò summa quia non alium nisi deum & gladium recognoscit; atq; [Editor: illegible word] suæ Originis quasi Author existit, &c. I answer, That if by the Consent be meant the Consent of the Body of the People, or of the major part of their Representatives, this may hold requisite in a State not divided by Civill War, but at Peace within it self; where it is most consonant to reason, that in case there be occasion to elect a supreme Magistrate or Magistrates, the election should be carried by the greater number of Voices, in such manner as Voices are usually given in that State; But now in a Civil War the case is altered, when the Controversie touching Government is decided by the Sword: For, ipsa Facto the Sword creates a Title for him, or those, that bear it, and installs them with a new Majesty of Empire, abolishing the old; Because, as the Civilians say, The ancient Majesty of a State or Commonweal continues no longer, if it be changed either by a greater power, or by consent of the People; where (you see) Force and Power in put is equall Balance with popular Consent, in relation to change of Government. And as if it were the best pedegree of supremacy, they define the Supreme Authority to be that which holds claim from God and the Sword; and therefore is also as it were the Author of it’s, own Originall, without dependance on any other; so that (say they) every Common-wealth, be it never so small, which acknowledgeth no Superiour but God and the Sword, hath a Right of Majesty, or politicall Supremacy. Camman, disput, de Juribus Majest. 1. Thes. 70. 75. &c. To this accords that of Grotius before-recited; That as in War all other things fall to the Conquerors,Arnisæus de Majest. cap. 1. Bello ut alia acquiri possunt, itâ & Ius imperantis in Populum, & Ius quod in Imperio habet ipse Populus. Grot. de Iure bellid. 3. c. 15. by way of Acquisition; so likewise a Right to govern the People, and even that Right also which the People themselves have to Government; so that what Government so ever it pleases them to erect, the People having lost their Right of election to them, must be as valid de Jure, as if it had the Peoples Consent. But as in this case, there is no need of their expresse positive Consent to justifie a new Government; so a tacit or implied consent is sufficient; which Consent (as one saith well) is the very dictate of Nature or common Reason, because it is better to have some Justice than none at all; and there is a necessity of some coercive power or government, Edition: current; Page: [7-023a] lest all be left to Disorder, Violence, and Confusion, which none (even of the conquered Party) can be so unnaturall as to desire; and therefore (saith* Suarez) They do tacitly consent, that Justice be administred by the Conquerers, because it is a lesse evill to be governed by Them, than altogether to want due coaction and direction.

Object.Now, ere I conclude this Chapter, I must needs wipe away one Objection very frequent in the mouthes of many: That this transmission of Title by Right of war holds good, when Nation is engaged against Nation; but in one single Nation within it’s self it cannot; because (say they) it seems unreasonable that a Nation should challenge a Conquest over it self.

Answ.To this I answer, that warlick Acquisitions hold as good in civill Divisions within the same Nation, as in war betwixt Nation and Nation: For, where a Nation is engaged in a Civill war, and divided into Parties,In Tractat. de Legatis. the eye of the Law of Nations lookes not on them as one Nation, but as two, according to that of Grotius: In regno diviso, gens una, pro tempore, quasi duæ gentens habentur, In a divided State, one Nation, during the time of its Nationall Divisions, is esteemed as two Nations; so that what Preeminence Nation may gaine over Nation by right of forein war, the same may be obtained likewise by one part of a Nation against the other, by Right of civil war: And what the forein Conquerer may doe in changing the Government, abolishing old Lawes, and establishing new, the same may be done also by the Civill Victor, for his own Security.

Thus by all the Premises it is undeniably evident, in a way of application; That the present prevailing Party in England have a Right and just Title to be our Governers; and that this new Government erected by Them, to the subversion of the old, is as valid de Jure, as if it had the ratifying Consent of the whole Body of the People; Nor can They, in any sence, be counted Usurpers, as is most irrationally intimated by the slight Exercitator.

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Chap. V.: That the Oath of Allegiance, and Covenant, are no justifiable grounds to raise a new Warre, in, or against the Common-wealth of England.

HAving in the former Chapters cleared the Right and equity of the present Government, in point of Title, from the slanderous Character of Usurpation, I shall in the next place descend to examine the vain Phansies of such as refuse a Submission thereto, upon pretence of Conscience, in regard of former Obligations. These People are represented unto us under the ordinary Notions of Royalists and Presbyterians; the former pleading the Oath of Allegiance; the later, the solemne League and Covenant, as a Ground for their Refusall.

As for the Oath of Allegiance; In a word, Allegiance is but a politicall Tie, for politick ends, grounded upon politicall Considerations; and therefore being politically determined, when those Considerations are altered by new Circumstances, (be it in relation to Cæsar, or the Senate) the old Allegiance is extinct, and must give place to a new. The same description may serve likewise for the Covenant; For, even that part of it which relates most to Religion, will be found wrap’t up altogether in matters of Discipline and Church-politie, to serve politick ends and Interests, if the Actions of our English and Scot’ch Presbyters, may be admitted as a Comment upon the Text. I grant, both those Oaths are Religious Acts, as they are solemnized with the Invocation of God, as a Witness; but as all Actions are qualified from their principall End; so the main end of those Oaths being Obedience to the Prince in order to the good of the Publique, they are of a politicall Nature; and when such an alteration of Affairs shall happen as extinguishes his Title, I conceive, we are not obliged, in this Case, to pay him that Submission which by Oath we promised, but ought rather to sweare a new one, to those that succeed him in the Government.

For, in promissory State-Oaths (as these two are) it is granted by all, that there lurk severall tacit Conditions, inseperable from Edition: current; Page: [7-024a] the nature of all Oaths and Engagements, and which are as it were the life and soule of the Obligation.Sanders. de Iura. Pralect. 2. sect. 1. These tacit Conditions, or (as Dr Sanderson calls them) Suppositions, are set downe by divers Authors, which I shall orderly apply to the matter in Question: one tacit Condition annexed to every Oath, is, That the words of it be duly interpreted, in a fair and equitable construction, not wresting it out of hatred or affection to any Party. This Condition hath been but ill observed by the Scots, and others, in relation to their Covenant, who will not admit any construction, but what may serve only to advance their own Designes,Ibid. in sect. 8. and heap hatred upon others: witness their pleading for it in an absolute Sence, or their own sence, whenas the principall parts of it are limited by expresse Conditions; viz: that part which concerns the maintenance of the King, and the Privileges of Parliament, is circumscribed with this Clause [In (or no otherwise than in order to) the preservation of Religion and Liberty.] And the other which relates to Religion, is in the manner of Reformation, qualified with another Clause, viz: [According to the word of God,] so that the old statu quo of King and Parliament was sworn to in a Sence but secondary, and subordinate, to shew that the usuall Priviledges of both might be quitted, if they proved inconsistent with Religion and Liberty; as also that any Reformation might be exploded, to make way for one more consonant to the word. And certainly, if the present Presbyterian Whipsters knew any other way more probable to advance their Kirk Dominion, than by making a pretended Plea for Prerogative a Stalking-horse to the Designe, believe both King and Lords, had been left long since to God’s blessing and the warm Sun (as they say) in despair of any Comfort from the Kirk’s Benediction. It seems now to me likewise, That they added this Clause [according to the word] not out of any love to a reall Reforming, but onely that they might have a Plea for the pulling down of Episcopacie, to introduce another Form more suitable to their own ambitious ends, since that Form that they contend for is as little consonant to the word as the other, because they take little thence besides the bare name of Presbyterie, to patch up a Reformation. These things the world must needs believe of them, till they lay aside their Self designings, Edition: current; Page: [7-024b] and admit of an equitable Interpretation of the Covenant in the limitations expressed, or according to that* Latitude prudentialis, the prudentiall latitude, spoken of by Dr Sanderson, which ought to be considered in all Oaths, when the Sence and meaning of them is in question. For, as we ought by all means to beware, that we give not our Selves too great a liberty of Interpretation, to the end that we may shake off the obligation of an Oath; so none ought to fasten such a Sence upon an Oath, or any part of it, for their own profit or commodity, which any other pious and prudent man (indifferent and un-interested in the businesse) would not collect and conclude out of the words of the Oath.

Moreover, if we did grant the Scots their own Interpretation; yet it can be of small Consequence to their ends, since the Covenant it self is extinct, by reason of the Breach first made by themselves: Let Grotius determin this Truth, who lib. 2. cap. 15. saith, Si pars una Fœdus violaverit, poterit altera à Fœdere discedere: num Capita Fœderis singula conditionis vim habent. If one Party breake a Covenant, the other is no longer bound to it: For, each particular head of a Covenant, carries with it the force of a Condition; which Condition in relation to the Covenanters is, that either of them observe it with Fidelity to each other. But the Scots have been so far from observing, that the whole Nation have been involved in the Breach of it, by dividing the King from the People, the People from each other, and at length by a perfidious Nationall Invasion: so that except they can shew us some new Foundation whereon that Breach is repaired, the Covenant must needs be defunct in point of obligation. For,Grotius ubi supra. (saith the same Author) Fœdus tacitè renovatum, intelligi non debet: Non enim facilè prœsumitur nova obligatio, nisi ex actibus qui nullam aliam interpretationem recipiunt. A Covenant being once at an end, cannot be supposed to be renewed tacitly: For, a new Obligation is not easily to be presumed, but by such Acts as declare it, and admit no other Construction. Therefore, till the Scots and their Partisans can produce evidences of a renovation of the Covenant, by positive Acts of State, they must of necessity grant, that all Covenant-obligations & Relations are expired, between the two Nations of England & Scotland.

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Seneca lib. 4. De Beneficits, c. 36.A second tacit Condition latent in Oaths promissory, is expressed in these words, out of the Divinity of the Stoicks, by Seneca. Tunc fidem fallam, & inconstantiæ crimen audiam, si cum omnia tadem sint, quæ erant promittente me, non prœstitero Promissum: Alioqui, quicquid mutatur libertatem facit de integro consulendi, & fidem meam liberat. Then (saith he) let me be accused of falshood and Inconstancie, if when all things remaine the same as they were at the time that I promised, I shall not then perform my Promise. Otherwise, any alteration whatsoever leaves me wholly at liberty, and freeth me from my Engagement. And a little after (saith he)* Affaires ought to be in the same condition they were, when thou didst promise, to bind thee to the performance. And in his 39 Chapter he becomes more particular, and saith, In all promises do lurke these tacit Conditions or Exceptions, Si potero,Si aliquid intervenit uovl, quid miraris cum conditio promisteutis mutata sit, mutatum esse Consilium? if I am able, Si debeo, if I ought, Si hæc ita erunt, if Things continue as they now are. If you require the performance of my Promise, bring Affairs into the same posture that they were in when I made it: But if any new alteration happen, why dost thou wonder, my condition being otherwise than it was when I promised, that I am changed in my Intentions? Render things the same, and I am still the same.

And that this holds good in Christian Divinity, as well as Stoicall, appears out of the afore-mentioned Doctor, whose Doctrine is equivalent, and his Terms convertible with those of Seneca,Sanders. Prolect. 2. sect. 10. declaring that all Promises have these tacit Conditions, Suppositions, or Exceptions; Si Deus permiseris, if God permit, which answers to Seneca’s Si potero? Quoad licet, as far as lawfully I may, which answers to his Si debto; Rebus sic stantibus, as long as things thus stand, which answers to his Si hæc ita erunt; According to which severall Suppositions in order, I shall examine both the Oaths of Allegiance and Covenant, and prove their Non-obligation.

1. Si Deus permiserit.First, No man that enters into an Oath or Covenant, can be so stupid, as to promise the performance of any thing, without this tacit Reservation within his own Soule, that he will doe it if God permit him, considering we can doe nothing without him, who exerciseth his wisdom and Soveraignty in the disposition of all humane Affairs, according to that of the Apostle James, Edition: current; Page: [7-025b] who bids us say, If the Lord will,James 4. we will doe this or that. If so, then having sworn in the Oathes before-mentioned, to continue true and faithfull to the King and his Heires, &c. it cannot be meant otherwise, then with this Clause, If God please to permit their continuance in the Government: But we plainly see God is not pleased to permit their continuance, since all men will confesse, that (at least) by a permissive Act of Providence, another Form of Government is erected quite contrary to the Old: Therefore if we consider the Oath of Allegiance and Covenant, according to this first Supposition, they are now of no force and obligation; but it may serve to satisfie a private mans Conscience, if in times past, he have done his utmost to perform the duties required by those Oathes, during the former establishment. The Reason is (saith the same* Doctor) Because seeing all things are subjected to Divine Providence and Pleasure, and that it is not in the power of any man to regulate all Accidents which happen in the future; therefore he that hath used his whole endeavour to perform what he promised hath paid his Allegiance, and fulfilled the Intent of his Oath; the Obligation ceasing when things cannot possibly be effected (as the Doctor saith) ex Impossibilitate Facti. Prælect. 2. Sect. 12.

2. Quoad lices2. As concerning the Dr’s Quoad licet, the second tacit Condition or Exception, it is to be presumed no man swears to any thing, but with this Reservation, as far as lawfully he may. If so, then in case it so happen, that we cannot lawfully act in prosecution of those things which we have sworn to, our obligation ceaseth ex Impossibilitate Juris; as in the former, by an Impossibility of Power in us to effect what we were obliged unto, so in this, by an Impossibility of Right in us to act in order thereunto: For, saith he, that is said to be Impossible by an Impossility of Right, which a man hath no lawfull Power to endeavour. But as to the restauration of Kingly Government, now that another is established (by as good a Title (I have proved) as ever the Kingly was) I would fain know what Right, or lawfull Power, any private man hath, and which way he can ground it Edition: current; Page: [7-026a] upon the Oath of Allegiance and Covenant,Grot. de Iure Belli. l. 1. c. 4. to endeavour the destruction of the New Form of Government, and a restitution of the Old. For, private Persons have no Right to Question those that are in Power, and are no competent Judges in Controversies of that nature, nor ought they to meddle with Them, but (as Grotius saith) rather to follow Possession. Yea, put case they were unlawfully possest, Usurpers, Invaders, and Tyrants, yet the same Author saith,Ibid. Privato vi dejicere summi Imperii Invasorem not licet, It is not lawfull for any private Person to endeavour the thrusting them out by Force.

Nor is this founded onely upon humane Reason, but also upon Scripture. That place in the 13. to the Romans [There is no power but of God, The Powers that be are ordained of God] is sufficient to convince every private Conscience of the necessity of Submission; that is, to submit to them so far, as not to presume to dispute how they came by their Power; and this Course is most agreeable to the Sense of all Expositors, the Practice of all Times, and the voice even of naturall Reason, since the opening of a gap to question Supreme Powers, and touch the tender eye of their Authority, would let out all into Confusion; Tumult following Tumult, like Billow upon Billow, till the world were over-whelm’d with a Sea of Miseries and Distractions.

Object.But some may object; If there be such a necessity of submission to Supreme Powers without questioning them, how then can this Parliament be justified in having questioned the King, at their first sitting,Answ. for divers of his Actions? I Answer, there is a difference betwixt Supreme Power, and the Exercise of it. The Controversie was not at first concerning his Right of Government, but the abuse of it by way of male-administration; in defence of which abuses he took Arms, and so by the Law of Arms losing his Right, (as is proved before) the Power descended to those that are now in possession, whose Right we ought no more to question than at first we did his; their Power deriving as naturall a pedegree from Heaven as his did, and being as legally confirmed by the Law of Armes and Nations, as ever that was which he held from his Predecessors. Now, in that the 13. to the Romans commands a submission and obedience in generall Edition: current; Page: [7-026b] Termes, it is not meant to all Powers in the arbitrary exercise of their Power in time of Peace, but to all Supreme Powers in point of Title, be it setled upon them by* Right of War, Inheritance, or any other way. And to support this exposition, give me leave here to introduce two of the main Pillars of Reformation, Bucer, and Calvin, men famous in their generations; whose Testimonies may serve once for all, touching that so much controverted Chapter to the Romans. The Apostle (saith Calvin upon the place) seemes here to goe about to take away the frivolous curiosity of men, who use often to enquire by what Right those which have Command did get their Authority; But it ought to suffice us, that they are in preeminence; For, they did not get up to this height by their own strength, but are set over us by the hand of God. And saith Bucer also, on the same place, When a Question is made whom we should obey, it must not be regarded what he is that exerciseth the Power, or by what Right or Wrong he hath invaded the Power, or in what Form he dispence it, but onely if he have Power. For, if any man doth excell in Power, it is now out of doubt, that he hath received that Power from God; Wherefore, without all exception thou must yeild thy self up to him, and heartily obey him.

Seeing now, all Supreme Powers are of God, and that the Apostle commands subjection to them, but damns Resistance, it is clear then, as to our case here in England, that we owe Submission to the present Governours; and that no private man hath any warrant out of the Word to satisfie his Conscience in the lawfulnesse of such Actions, as tend to disturb or thrust them out of possession; therefore, according to this second Supposition of the Doctor, no Oath being of Force to bind the Conscience, farther than a man may lawfully Act, it followes evidently (the case thus standing) that the Old Allegiance is cancell’d, and we bound to admit a New; and that both it and the Covenant have now no Influence at all over us, but are utterly void, and of none effect.

3. Rebus sic Stantibus. 3. The third tacit condition or Supposition implied in all Oathes is (saith the Doctor) Rebus sic Stantibus, as long as things continue thus; it being to be presumed, that when I swear to perform any Thing, I doe it with this tacit Reservation, if I be not Edition: current; Page: [7-027a] hindred by an alteration of Affaires: But if such an Alteration happen, that neither the same Persons nor Things are in Being which I swore to maintain, my Oath is at an end. and the obligation ceaseth; which now is our very Case here in England, the Government being changed, and new Governours set over us. For this, the Learned Grotius hath one Instance very pertinent to our purpose.Non teuebitur, si cesses qualitas sub qua alicui suravit; ut si Magistratus desiuet esse Magistratus. Grot. lib. 2. cap. 13. de Iure belli. An Oath (saith he) binds a man no longer, if the quality or condition of the person to whom he swore, he altered: As for example, if he that was a Magistrate cease to be a Magistrate. In evidence whereof, the same Author alledgeth a saying of Cæsar’s to the Souldiers of Domitius, when Domitius was a Prisoner. They were unwilling to serve Cæsar, because of the military Oath they had taken for the other: But to take away this Scruple, saith Cæsar to them, Sacramento quidem vos tenere qui potuit, quum projectis fascibus & deposito Imperio, privatus & captus ipse in alienam venisset potestatem? how can he hold you bound by Oath any longer, being outed of his Authority and Command, remaining a private man, and a Prisoner, under the power of another? Alas,* your Oath ended together with his Authority.

Ibid.Thus also, according to this third Supposition of the Doctor’s, it is plainly to be inferred; that since Affaires of State stand not now in England, as they were when we took the Oath of Allegiance, or the Covenant, but a new Government is erected; therefore our obligation to the former is totally extinguished. And if the obligation be extinct (as I have proved in the severall Particulars before-mentioned) then the consequence is as plain; that neither of those Oathes can be a Ground sufficient, to justifie any Royalist or Presbyterian, in denying a Submission to the present Government, or to raise a new War within the Nation.

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Part II.

HAving in the former Part (as I think) fully manifested the necessity and equity, my designe in the next is, to shew the utility and Benefit of a Submission: This I shall doe, by stating the nature of the Designes of the severall Parties claiming an Interest in this Nation;

Viz:
{ ROYALISTS.

{ SCOTS.

{ PRESBYTERIANS.

{ LEVELLERS;

as they stand in opposition to the present Government, and would each of Them introduce a New Form of their owne. And that you may the better understand Them and their Affairs, I shall in a plain Method (for the more easie Conviction) proceed upon these Particulars:

First, The great Improbability of effecting their Designes.

Secondly, The grand Inconveniences which must needs follow, in case either of Them be effected, to the prejudice of the whole Nation.

Thirdly, The Excellency of a free State or Common-wealth, as it is now established in England, and what happinesse we may reap thereby.

After I have handled the 2 former, as They hold relation to the severall Parties, I shall bring up the Rear with the Third, by way of Conclusion.

Chap. I.: Concerning the Royall Party.

THE Royallists are of 2 Sorts. First, such as adhere to the Prince out of necessity; Secondly, such as adhere to him out Edition: current; Page: [7-028a] of humor. The former are Those, who being hopelesse of a Return, or of the recovery of their Fortunes, by way of Reconcilement, are constrained to run any hazard abroad with the head of their Party, and turn every stone to over-turn the present Powers here in England, that They may set up Themselves. The latter Sort of Royallists, are such, as though they served heretofore under the Royall Standard, yet, through the Favour of the Parliament, have re-gained possession of their Estates: And therefore being re-invested with their Fortunes, They are loth as yet to attend the Prince in person, though they follow him with their wishes, and would be glad to imbrace any Designe underhand, or perhaps (when time serves) appear here again in the Field, to make way for his Advancement. These may (not improperly) be called humorous Royallists, because they have only an obstinate and vain glorious humor for the ground of their behaviour, without any respect of Advantage to Themselves, but are ridden by the other to carry on the high-Royall designe of Particular persons, and ran a new hazard of their own. To restore the single Family of a Prince, suppressed by the Almighty, they seeme willing to Venture the destruction of all their own Families; and to serve the ends of certain Persons about him, men whose Fortunes are desperate, they are apt to foole themselves into the losse of their owne; as they must needs doe, if the Prince mis-carry in his Enterprize, whereas if he should carry it with Successe, They will be then where they were, They can be but Masters of what they have already. The high Ranters and Fugitives are they that will be look’t on at Court; Those Bell-weathers of Royalty will bear away the Bell of Preferment, whilst the poore Countrey-Royallists (both Gentry and Yeomen) shall be glad to drudge and plow, to pay those yet unknown Taxations, which must needs be collected, to satisfie the forlorn Brethren of the Sword, the many yonger Brothers, and Strangers, which will come in with the Grandees, in hope to purchase a Fortune by squeezing the Publique.

All which being considered, it is a wonder to see, how They feed Themselves with Phant’sies, who pretend in this Nation to the restitution of Royalty; how their eyes are dazled with that Sun which seems to rise upon their Party, supposing the golden Edition: current; Page: [7-028b] Age must needs return again with him, and that he will climb up to the Meridian, in spight of all opposition! But to give them a Cooler for these Conceits, I shall more particularly, according to the Method before-propounded, shew first the Improbability of Successe in the new Royall Designes; and then, the grand Inconveniences that would follow such a Successe, that all mistaken Persons may see, how far they wander (to the hazard of themselves) out of that way, which leads to the future happiness of this Nation.

As to the Improbability of the Prince’s Successe in his Design, First, he is like to have but a slender Supply of forein Aids: For, the Affairs of Christendom are at this time so disposed, that some Princes want leisure; others, ability to assist Him: And divers there are which refrain, for particular Reasons of State. The Spaniard hath other Fish to frie, keeping a serious eie upon France, and lying at Catch against Portugall. Besides, there are severall Reasons (not fit here to mention) which may dispose him rather to imbrace the Amity of this Common-wealth, as it is now established; and whereof there is some hope (were there no other ground) in that he hath given our Agent a friendly reception.

So likewise hath the King of Portugall too another Agent; and how far he is from neglecting our Friendship, may appear by his Demeanour toward our Fleet, in the Port of Lisbon, where he hath given them the like Freedom and entertainment as he doth to Rupert, carrying himself indifferently between both, though he seem a little to incline somewhat more toward Rupert; not out of any good will, but only in regard of his Preengagement to that Party.

The King of France hath his hands full enough at home, so that he hath little list or leisure to mind Affairs abroad; being jealous not only of the Spaniard, but even of his own Subjects, by reason of their regreet at the insupportable Taxes, the Discontents and Bandyings of his Parliaments in the severall Provinces, and the Partisans of the Imprisoned Princes; all which seem to threaten (if not the Monarchy it Self, yet) the Family of the Monarch.

Denmark hath hitherto given but a coole Acknowledgment Edition: current; Page: [7-029a] of so neare an Alliance, having been (at the best) but a Retiring-place for Montrose, seconding this with some other slight superficiall Courtesies; one of the best of which was (to rid their hands of their Guest) by lending him a few Bottoms, first, to seek his better Fortune in Swethland, and then to waft him and his Forlorn hope, toward their long homes, into Scotland.

Some such triviall Supplies likewise may be expected from the Swede, with a few Complements from the Emperour and German Princes, their Jealousies of each other not permitting them to spare their Forces: For, whosoever considers the Delayes and Shifts made by the Emperour and his Party, in performing the Articles of Peace; and on the other side, the resolution of the Swede and that Party to have them fully performed (together with those heart-burnings among them, which break out often into Flames in every Corner) may easily imagine the Peace of Germany is not long-lived, and therefore that neither of those Princes will part with many of their Soldiery.

The Hollanders esteem it a safe way to conform themselves ever to the Prevailing Party in England, having Reason, above all others, to prize the Friendship and amity of the English Nation. And though some common Courtesies are expressed there to the Prince by way of Entertainment; yet these are done rather to comply with the desires of the Prince of Orange, than out of any inclination or Affection to the Royall Party; whereas the Sence of the States Provinciall (and in them the meaning of the whole People) is, to preserve a strict Correspondence with the Common-wealth of England. Nor doe they relish those close Combinations between the Prince of Orange and his Brother; fearing so great an Alliance may dispose Orange to aspire, and establish a greater Interest of his own than is meet for a Member of a Republique, if Monarchy come to its height again in England; which they ought by no means to desire, but rather that England should continue as it is; not only for the former Reason, but also, for that such a Neighbourhood would be concerned in reason, to admit Them into a nearer Friendship & Complication of Interests, than ever they can hope from a Monarchy.——

These things being considered, the Prince hath small hope of Edition: current; Page: [7-029b] Successe, in regard of any considerable Supplies from forein Princes.

Secondly, Put case he can, by the help of the many fugitive English, the Scots, and Supplies drain’d out of the Dregs of severall Countries, make shift to patch up an Army, or two, to trie his Fortune; yet ’tis ten to one but They ruin his Designe. For, first, the introducing of Forrainers will soon alienate the Affections of the English, as experience hath proved in all times. Secondly, Auxiliatores conducti ex diversis locis, nec disciplina inter se, nec affectione consentiunt.† Mercenary Auxiliares that are collected out of severall Nations, seldome agree either in disciplin, or Affection. The reason of this is given by the same Author: For (saith he) since the Customes of Nations are diverse, therefore men of severall Countries, differing both in habit and manners, can not long continue together, without discovering an Antipathy or Contrariety in their natures, even to the ruine of that Party with whom they are ingaged.

To passe by the Testimonies of many other States-men, we have two very pertinent ones afforded us out of our own Affaires: witnes that emulation discovered between the Sctots and English in the Hamiltonian Invasion; and also of late, between the English and Irish under Ormond in Ireland, whereupon the English chose rather to joyn with the Parliament-Party, than continue any longer ingaged with the Irish. Lastly, Those Forrain Mercenaries will, upon the least misfortune of War, desert the Prince, and take up Armes under the Parliament. For (as saith Patritius) The* Faith of Mercenaries depends upon Fortune, and if she turn to the Adverse Party, thither They follow, and incline their hopes and affections. Yea, so little trust is to be given to these Mercenaries, that notwithstanding their Condition be good, yet (saith another)† They are easily corrupted with Money, and with rewards and promises of better Pay, bought over to any other Party; respecting gaine much more than the Cause of their Engagement. Judge then, how the Prince is like to thrive with his Forrain Auxiliaries, if he shall have any, either in England or Scotland; for, the Reason of these Things holds good in one Nation, as well as another.

Thirdly, since it appears how small Successe he is like to have Edition: current; Page: [7-030a] by the Aides of other Princes, let us see whether he have any better hopes by forrain Aid out of Scotland or Ireland, to make a Conquest of England. As for Ireland, he hath but poor expectations thence, since the Lord Lieutenant hath swept away those Adversaries with the Besome of Vengeance, and made way by a continued chain of miraculous Successes, to Shackle that rebellious Nation; and doubt not ere long, to bind their Princes with Chaines, and their Nobles with links of Iron, since every mouth brings in fresh Laurels of Victory, to their Terror and amazement. But Ireland being given for lost, let us see next, whether the Royalists are like to receive any more comfort from Scotland: Its an old saying, nullum bonum ex Aquilone, no good comes out of the North; and of all others, Royallists should be the least apt to believe any Benefit to come out of that Nation, from whence proceeded the Ruin and Destruction of the late King, and all their Party; nor can they hope much better of them in time to come. For, first, They adhere to the Prince, not out of any love to his Interest, but onely in hope to settle their own upon his Shoulders; and therefore if they can make a better Bargain elswhere, they wil cast him off, or (if he be in their power) sell him off (as they did his Father) upon the first occasion. What else can he expect from a Party, whose Interest was first founded upon the ruine of his Great Grandmother, continued and augmented to the perpetuall vexation of his Grandfather, and at length prosecuted to the destruction of his Father? Secondly, it is impossible to reconcile the two Parties, Royall and Presbyterian, even as impossible (King James was wont to say) as to reconcile God and the Devill. Thirdly, if They cannot be reconciled or stand together, then whatsoever Agreement may be made, it will be but from the Teeth outward; nor can there be an union betwixt them upon any designe, but in the prosecution thereof they will mind the Advancement of their severall Interests, which must make them jealous of each other, divided and partiall in their Counsels, and cause the inward rancor to break out, to the prejudice and utter ruine of the whole Engagement. Fourthly, let the Scots invade us again upon the Royall. or what score else they please. They will never be endured (especially in the Northern Parts) Edition: current; Page: [7-030b] having heretofore by their perfidious and Tyrannical behaviour, fixed an odious Impression upon the Spirits of the People, and quickned the old Antipathy betwixt the two Nations: So that, if the Prince come in with them, or by them, he will fare never the better, (but much worse) for their Sakes, or their Company. Lastly, they come (if they dare come) a most nasty, lowsie, beaten Generation, against one of the most generous, best accomplished, and most Victorious Armies in Cristendome; an Army that must needs be dishonoured by such an Enemy, from whom never Credit nor Advantage is to be gotten; yet it is meet they should be chastized, since the Almighty, out of love to the future Peace of our Nation, seemes to decree, that Belial and Dagan; Montrose, and the Kirk, with her Worthies should be sent after Hamilton. This indeed, would be a fair step to Reformation, by setting out the Corruption of that Country, which sticks like a Scab, upon the faire Body of this Fortunate Island.

Now, in the last place, to conclude this particular touching the Improbability of the Princes Successe, since he hath little Ground to hope for any by the assistance of other Nations, let us examine what hope he hath from our own. Severall Reasons may be given to the contrary; As first, the People’s hatred of Foreiners, and their fear of that Plague, universall Free-quarter, with their aversnesse to war, having tasted some time of the Sweets of Peace; And though they are sensible of some necessary Burthens, yet considering another War will increase new ones, more exorbitant, every man would be content with things as they are; for, the Common pleople (as the Poet saith)Juvenal.

—————Duas tantùm res anxius optat,

Panem, & Circenses.—————

will be satisfied with Bread and Quietnesse, rather than hazard their Ease and Security, to serve the Ambition of others.

Secondly, They will be the lesse apt to engage in any new Insurrections and Parties, since the last thrived so ill, to the Prejudice and shame of all the Undertakers: Examples make Men wise; and though many of them escaped without punishment, in regard this* Government was not then declared; yet Edition: current; Page: [7-031a] now that it is established, and Laws are made to defend it against all that offend in time to come, men will beware (I suppose) how they meddle, since they can expect nothing lesse after another War, than the punishment of Traitors.

Thirdly, Put case the Counties were resolv’d upon New Insurrections, yet what can be done by unweildy Bodies of raw Men, taken from the Streets, the Plow, or the Harrow; rude, and unacquainted with Military Disciplin, against a well-disciplin’d Army of Old Souldiers? Consider what became of those vast numbers in Kent, Essex, &c. with what ease they were dispersed, and how soon they vanished into nothing!

Fourthly, It is not like, that the Gentry, men of Estates, will stir in any considerable number, to hazard their Possessions, being yet scarce warm in them, after a Purchase made upon dear rates of Composition; But if any are so mad as to venture on new Designes, they might do well to consider, how hard a matter it is to carry them on without discovery, seeing the State hath a Party and Friends, in all Countries and Corporations. Besides, if They could carry it so close, as to bring any petty designe into Action, yet they cannot but be snap’t, and nip’t in the Bud, the Militia being so well setled, and a Party ready in Armes in every County.——Now, all these parcells of discourse being well weighed together, I leave every mans Intellect to make the Conclusion; what slender probability of Successe there is, by the assistance of Foreiners or Natives in the present Royall Designe against England.

Having thus, in the former part of this Chapter, shewn the Improbability of Successe in the new Royall enterprize, which were enough to wean Wise men from engaging upon that Score, I shall (according to the Method propounded) in the next place state those Grand Inconveniences, which would unavoidably follow to the prejudice of the whole Nation, in case the Royallists should proceed with Successe, to the ruin of this Government: The very consideration whereof should (me thinks) be sufficient to startle all understanding men, from wishing well to that Party.

First, since there can be no Medium of Reconcilement bewixt our present Governours and the Son of the late King, it is Edition: current; Page: [7-031b] granted by all, that if ever he come into possession, it must be by Conquest, and the Power of the Sword: If so, then he will be as absolute as was William the Conqueror, and we all must be in the same slavish Condition, as our Fore-fathers were, under the Tyranny of that Norman Bastard.Cic. ad Att. 7. Epist. 5. That Government which heretofore was called Monarchicall will then be exactly Tyrannicall, according to that saying of prudent Cicero in one of his Epistles; Ex victoriâ cùm multa mala, tum certè Tyrannis existit. As many other mischiefs, so certainly, a Tyranny ever followes a Conquest. And therefore it was, that when* Henry, the Son of Maud the Empresse, contended for the Crown by Arms against King Stephen, and was like to prevaile, the Estates of the Realm wrought an Accommodation betwixt them, upon this Ground, because they conceived it dangerous for them, and the whole State, to have a young Prince get the Mastery by his Sword: For, Princes ever improve such kinds of Victory to an Advantage over the People, and Successe makes them cruell; witnesse the savage Proceedings of Edward the Second, against his Lords,Daniel. in Edw. the Second. after he had overthrown them in Battell, in the Northern Parts; executing their Persons, and confiscating their Estates, as Traitors; so that he is noted in our Chronicles, to be the first of all our Kings, after the Conquest, who, to prosecute his Revenge, gave a Precedent of Butchering the Bodies of the English, by Beheading and Quartering. This may be enough to shew, that to bring any Prince into possession by the Sword, is to instate him in a Tyranny.

Secondly, Though the Prince of himself should not be inclined to Tyranny, yet his Followers having a Power over him,Besold. in Cap. de morbic rerumpub. p. 312. will soone perswade him to it. Nam Legitimum Regnum convertitur in Tyrannidem, aut Dominatum, cum Aulo-politicis (qui plerúnq́, odio prosecuuntur libertatem) facilè aurem præbet Princeps. For (saith one) a well regulated Government is soon changed into a Tyrannicall domination, when a Prince gives ear to Court-politicians, who (for the most part) are enemies to Liberty. And as to our present case Machiavel speaks very aptly;Mach. de Repub. l. 1. c. 16. That a Nation which hath cast off the yoke of Tyranny or Kingship, (for in his language they are both the same thing) and newly obtained their liberty, must look to have all those for Enemies, that were Familiars and Edition: current; Page: [7-032a] Retainers to the King or Tyrant, who having lost their Preferments, will never rest, but seek all occasions to re-establish themselves upon the ruines of Liberty, and to aspire again unto a Tyranny; that exercising an arbitrary Power, they may take more sharp Revenge, against all those that dare but pretend unto Liberty.

Thirdly, seeing that (as things thus stand) to have a King again invested by the Power of his own Sword, were all one as to have a Tyrant erected, with an Arbitrary Power to doe what he list, it will not be amisse to take a view of the effects and Consequences of Tyranny, As first, a* trampling of all Lawes under Foot. Secondly, using all sorts of(a) Cruelties and Rapine. Hence it is, that Cato called a King(b) Carnivorum Animal, a Ravenous Creature; and by Homer in the first of his Iliads, a King is called Δπμοβόο[Editor: illegible letter]ς βασιλὲυς, a Devourer of the People, so that no mans Life or Estate is in safety, if they have a mind to bereave them of either; and for this purpose, Tacitus saith, they alwayes(c) keep false Accusations and Witnesses in Lavender. Thirdly, no(d) good man can live safe by them, nor any man that is eminent for Valour or Vertue; according to that of the Tragedian Seneca,

Servare Cives Principi & patriæ graves,

Clare tumentes genere, qua dementia est?

aliena virtas formidolosa est. Salust. Nec minus periculum ex magnâ fonâ, Tacit. Agric.

Who acting the Part of a Tyrant, saith, It is a madnesse to preserve great Persons, when they once grow burdensome to their Prince and Country. Thus Tarquin taught his Son Lucius to secure his Tyranny, by striking off the Heads of those Poppies in his Garden, which grew higher than their Fellowes; whereupon, his ingenious Son gave the world to understand, as well as himself, what his Fathers meaning was, when afterward he destroyed all the principall men among the Gabians, by Force, Treachery, and false Accusations. No matter whether things be justly done, or not; for, a Tyrants Maxims are such as this, out of Lucian,

Sceptrorum vis tota perit, si pendere justa

Incipit.—————

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That Prince’s Scepter is not worth a Rush, who stands upon Justice and honesty. Cæsar hath left it upon Record of himselfe, as Thucydides hath of Euphensus, and Euripides of Estocles:† That all Lawes may be violated, to make way to a Domination: That* a man may be wicked to obtain, or maintain, an absolute Soveraignty: That a Princea ought to account nothing unjust which is profitable. To which may be added one more out ofb Seneca, That where a Prince hath no power to doe ought but what is just, he reignes but by Courtesie. These are the usuall Rules by which Tyrants steer their Courses; and therefore it concernes all men to forbeare their assistance, to any that endevour to re-settle a King by the power of the Sword, left he seat himself as a Conqueror, and so slip into an absolute Tyranny. For,

It is seldom, that Kings forbear an arbitrary Power, if they can by any means usurp it, over the People: And though there may sometimes happen a good King that will not make use of it to their Prejudice; yet even then the People are not safe,† because (saith Salust) it is in his power to be wicked if he please.

Fourthly, If he come in by the Sword, there will be no Act of Oblivion passed before-hand; and if he gaine possession, it is a Question then, whether he will grant any afterward; or if (for fashion sake) he doe grant one, how farre it shall extend, and whether it may not be eluded, to make way for revenge against particular Persons, who (perhaps) little dream of an Inquisition for past Offences, as being of the moderate Sort of Offenders against the regall Person and Prerogative. All these Quares are well worthy every mans Consideration, since revenge is esteemed inter Arcana Imperii, one of the speciall mysteries in the Cabinet-Counsels of Royalty: For, with them, as Tacitus saith, Ultio in Questu habetur, Revenge is counted great gaine, and prized as the prime Jewell of a Crowne. It is so* sweet a Morsell, that even the best of Kings could not refraine it; as may be seen in the practises of David and Solomon.2 Sam. 19. 18. We read how David pardoned Shimti for a time; and he seemed so earnest in the doing it, that one would have thought, the Offence should never have been remembred; Also, how he forbore to revenge himself upon Joah all his owne daies; yet being to die, he gives charge to his Son Solomon, not to let them escape unpunished, but that he Edition: current; Page: [7-033a] should bring their hoar heads unto the grave with blood,1 Kings 2. which afterward (upon slight occasions) was executed accordingly. So Solomon himself likewise,Ibid. though he forgave his Competitor and Brother Adonijah, and bade him go to his house in peace; yet he lay at catch still for some new occasion to be revenged: And therefore for a petty passion of love toward the Shunamite Lady, in demanding her to be his Wife, poor Adonijah was laid to sleep with his Fathers.Daniel. In our owne Chronicles we find also, how that when Henry the third had in the end gained the better by his Sword, over the Earl of Leicester and the People, he meditated nothing but revenge against all that had opposed him, razing the Castles of his Barons, confiscating their Estates, and taking forfeiture of the Charters of many Corporations; especially of the Londoners, whom he spightfully vexed ever after in body and purse, upon every opportunity. So likewise Richard the second, because the Londoners were not willing to back him in his Irregularities, but had appeared crosse to his Designs, watched every way to be revenged on them;Ibidem. and upon a slight occasion of a Tumult in the City (which neverthelesse the Mayor soon suppressed) he deprived them of the best part of their Priviledges, and put them to the expence of no lesse than Twenty thousand pounds; a fine considerable summe in those daies of Antiquity, to be added to that invaluable losse of their Liberties, for so poor a matter as a petty Tumult about a Quarrel with a Bishop’s Servant. But when Kings have been dis-obliged by any City or persons (by hook or by crook, sooner or later) they shall feel their displeasure: And therefore Machiavel adviseth never to trust them;Mach. de Prin. For, whosoever (saith he) thinks by new Courtesies to take out of their minds the remembrance of old Injuries, is extremely deceived.

Fifthly If Kings are thus revengefull, then what may we expect but the fatall Consequences of that humor? It is an old Saying;

———Regnabit sanguine multe,

Ad Regnum quisquis venit ab exilio; that is,

His Reigne will be very bloody, that comes from banishment to a Kingdome; whereof they shall be first sensible that have opposed his Interest; and such are all those in this Nation that have appear’d for the Parliament, against the Encroachments of Edition: current; Page: [7-033b] the Prerogative. Nor let them flatter themselves, that they shall scape better than others, because they never opposed this Princes person; It will be ground sufficient for his hatred, that They bandied against his Father, and the Prerogative, to which he is heire. Nor is it likely he will forget the observation made by one of his Chaplains, in a Sermon before him at the Hague; how that the Presbyterians held his Father by the haire,Dr. Crighton. and the Independents cut off his head; Nor is it to be supposed that we should have many Parliaments hereafter; For, besides the Provocations given by Parliament, it is against the nature of King’s to love.* Parliaments or Assemblies of their People; and it was left as a Legacie by King James to his Family, in his Basilicon Doron; That his Successors should neglect Parliaments as much as might be: So that consider how this Prince is engaged, not only by the Interest of the Crowne, his particular personall Interest of Revenge, but also by the Præcepts of his Grand father, and the common Inclination of all Monarchs, and we may easily imagin what will become of Parliaments, and Parliament-Patriots, if ever he get possession.

Sixthly, Whereas many now adhere to him in their hearts, in hope they shall be eased of Excise and Taxes, &c. if he be restored, they are exceedingly mistaken. I remember a Passage out of the Stories of France; that the Duke of Orleans having,Du Serres. upon a difference betwixt him and the King, laid a Tax upon some of the Provinces, by their owne consent, to maintein his Army; afterward, allured with fair promises, they inclined the Duke to accord with the King, hoping to be eased of the Imposition; but they fell short of their desires; for, that which they had voluntarily imposed upon Themselves, was setled upon Them perforce by the King, when he once had them in possession: And so that Tax, which was called the Gabel, continues upon them to this very day, as a Token of their Folly. Now, let not us flatter our selves here in England, that we shall fare any better (in point of Excise, or other Payments) upon the Prince’s restitution. If now we have Burthens, we must then looke to have Furrows made upon our backs: If now we are (through necessity) put to endure a few whips, we shall then (of set purpose) be chastised with Scorpions. It is not an Excise, or an Army that we Edition: current; Page: [7-034a] shall scape, but be visited with whole Legions of forein Desperadoes, which must be fed with greater Payments than ever, and (God knowes) when we shall be rid of them, if the Prince settle upon their shoulders. Consider, how many hungry Scots gape after this gude Land, who, with those of other Nations, must be Satisfied out of the Purses of our owne, whilst those that are their Leaders will be gratified, with this, that, and the other Mans Lands and Possessions. And that this Insinuation is no Fiction, but well grounded upon Precedents out of our owne Histories, in the Practises of our Kings, may appear by the Proceedings of the Conquerer; who being forced to extraordinary Courses to satisfie his forein Soldiery, made bold so frequently with the Estates of his Subjects, that the great Lords of the Kingdom, fearing it would come to their Turns at last to part with their Possessions, by way of prevention, fled out of the Land, some into Scotland, some into Denmarke, and other Parts, to trie if by aide from abroad, they might recover Themselves and their Fortunes again at home: But by this means they happened to lose all so much the sooner; for, miscarrying in the Designe, their Estates were possess’d, and their Offices supplied by the Norman Favorites. Thus also, King Stephen, himself being a Foreiner, and relying most upon forein Arms to preserve him in possession, was constrained to take the same Course, for the satisfaction of his forein Auxiliaries, which consisted most of Flemings and Picards, whom he especially trusted in his greatest Actions, neglecting and oppressing the English. Thus did Henry the third also in his wars with the Barons; against whom bringing in Foreiners, He, for reward, invested them with others Lands and Honors, and laid heavy Impositions besides upon the whole Kingdom, to make Them Satisfaction. And in those variations of Fortune between the two Houses of Yorke and Lancaster, as often as either of Them had occasion to make use of forein Arms to assert their Titles, the Estates of the Adverse Party, and the Purses of the People, were sure to goe to wrack for the Pay of the Soldiery. From hence then it appears, that if the Prince put himself in possession by Arms, we shall be so far that way from any ease of our burthens, that they will be doubled, and trebled, yea, and tenfold upon us.

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Lastly, The Prince’s Confederation with the Scots, and our English Presbyters, (were there no other Reason) might be enough to terrifie any ingenuously minded People from giving their assistance be they Royalists, or not: For if the Kirke be able to bind the Prince to hard Conditions, and prove (like the Sons of Zerniah) too strong for him so that his Interest how to theirs, then in stead of a Regall (which is more tolerable) we must all stoop to the intolerable yoke of a Presbyterian Tyranny that will prove a plague upon the Consciences, Bodies, and Purses of this free Nation. The Scots by this means will effect their Designe upon us, by stretching their Covenant union to an equality of Interest with us in our owne Affairs: And the English-Grandees of that Party will seat themselves again in the House, and exclude all others, or else a New Parliament shall be called of Persons of their owne Faction; so that if They should carry the day, all the Comfort we shall have by casting off the present Governers; will be only that we shall have these furious Jockies for our Riders: Things (perhaps) shall be in the old Status quo, as they were when the late King was it. Holden by, whose Son must then lay his Scepter at the Foot-stoole of the Kirke, or else they will restore him by leisure (as they did his Father) into the exercise of Royalty: By which means we should be brought again, as far as ever we were, from a condition of Settlement, and the Commonwealth reduced to Ashes by endlesse Combustions. On the other Side, put case the Prince have the better and of the Staffe of the Presbyters, (they relying upon his Courtesie, as well as the rest of the People) then, in case he carry the day, They, and All, are at his mercy, and no Bar will be in the way to hinder him from an Ascent unto an unlimited Power: so that you plainly see, this present Combination of Royallists and Presbyters (which soever of them be most prevalent) must of necessity put the Nation in hazard between Scylla and Charybdis, that we cannot chuse but fall into one of the pernicious Gulphs, either of Presbyterian, or Monarchicall Tyranny.

All these Particulars being seriously considered; how Improbable it is in the first place that the Prince should goe on with Successe in his Designe; and then, what miserable Inconveniences must needs follow such a Successe (in case he prevaile) not only Edition: current; Page: [7-035a] to the Prejudice of any one Party, but of All, I may undeniably conclude, that all mistaken Royallists, as well as others, who live now under the Protection of the present Government, are concerned out of necessity, and in respect to their owne well being and benefit, to wish well thereunto, rather than prosecute the private Interest of a single Family, and of a few Fugitives its Dependants, to the hazard of their owne Families, with the Peace and happinesse of their native Country.

Chap. II.: Concerning the Scots.

I Am sorry I must waste Paper upon this Nation; but seeing They make Themselves Considerable by being troublesome, it will not be amisse to found the Depth of their present Design; which that I may the better doe, give me leave to trace them in their Encroachments, from the first to the last, upon the English Nation. Not to mention those of elder date, let us begin with King James, who being a native Scot, out of love to his Country-men (or rather to himself, that he might keep them quiet, by stopping their mouths with the sweet morsels of England) was pleased to admit many of them into his Court, then into his Councell, and to be partakers of Honors and Offices, equall to the best of our English. His Son, the late King, knowing danger might come of discontent out of the Northern Corner, followed the same Course that his Father tooke, to oblige Them; holding them in Pension, giving accesse to all Beggars, with such faire Entertainment, that most of Them staid here, and not returned empty. This heaping of Favors upon Some, stirred up the Appetites and Emulation of others; who seeing themselves neglected, and not like to share in any of these Enjoyments by the Favor of the King, bethought them of an other way, to make Themselves as considerable as the rest of their Country-men, and gain an Interest with the English. Seeing they could not thrive with the Court, They would trie what They could doe without it.

Hereupon, being men of Power in their owne Country, They Edition: current; Page: [7-035b] became most Zealous Assertors of the Presbyterian Discipline against the Episcopall, by which means they gained the Friendship of all the Religious Party in England, then persecuted by the Bishops, who were at Court the only Favourites: Hereupon, these Leaders of the Scotish Presbyterians, beginning to grow active and forward in establishing their own Form at home, and also to propagate it abroad by encouraging their Friends, gave such an Alarm to the Bishops, that they (to crosse the Designe) fell foule upon all of the Opinion here in England; and not only so, but pressed the King to establish an Episcopall Uniformity in both Kingdoms, even in Scotland as well as England. The forcing of this upon the Scots was a Cause of the Commotions in that Kingdom; whereupon a war ensued betwixt the King and Them through the instigation of the Bishops; which was soon ended, to the Advantage of the Scots in Money and Credit, and to the dishonor of the King and the Episcopall Party.

This happy Successe wrought a very reverend opinion of them, in the hearts of the well-affected Party in England, who stood for the purity of Religion, and a liberty of Conscience, against Episcopall power and Innovations; as also for the Lawes and Liberties of the Nation, invaded by the Prerogative. And for redresse of these things the King was necessitated to call a Parliament; who not obtaining such Reliefe of Grievances as they expected, by reason of a Corrupt Councell of Bishops and others about the King, which alienated him from his great Councell the Parliament, and afterward caused Him to break out into a warre against Them, were constrained likewise to take Armes, in defence of our Liberties. Hereupon, recourse was had to the Scots for their assistance, who, having the same Enemies at Court, and being equally involved in the same common Danger, it was supposed they were concerned in Reason to joyn with the Parliament, without any Dispute or Scruple. But They, considering now was the Time to make their Markets (if ever) and their owne Interest as much English as might be, came not off so roundly as was hoped, but fell to bartering like Hucksters, and no Bargain would be (forsooth) without a Covenant. They would not joyn, except They might be (in a manner) all one with us, and this Union must be sealed with that solemn League and Covenant. What their meaning was Edition: current; Page: [7-036a] therein, we shall know by and by, by taking a view of their Actions ever since, which are the most sure Interpreters: Yet even at that time,See the grand Case of Conscience concerning the Engagement, stated, &c. some men had their eyes in their heads, and many Objections were made at divers Expressions in the Covenant, and many Desires for explanation of some Articles more fully. But the Scots standing stiffe upon their owne Terms, and no Conjunction like to be obtained without the Covenant, and the necessity of the Parliaments Affairs admitting no delay, we were glad to take it as it was offered, without further question or Demurrer.

It was no sooner taken here at London, but immediatly every one began to make his Advantage (through the multitude & ambiguity of Expressions) and by it to promote his severall Interest; as if it had been made to engage unto a particular Party, not to unite two Nations in a common Interest. But above all, the Scots, having had the honor of this Invention, conceived themselves much injured by any, that denied them the Prerogative of making an Interpretation; and in matter of Religion, urged their owne Discipline as the only Patern to Reform the Church by; and their Plea had been fair enough out of the Covenant, could they have proved it, to be [according to the word of God;] which Clause was most luckily inserted. Notwithstanding all the Reasons to the Contrary, the Scotish Module was still pressed: The Scot was willing to ride, and having (as he thought) the English-man fast bridled with a Covenant, he began to switch and spur. The Throne of the Kirke was the Stalking-horse to catch geese; and if that could have been setled, then there had been no denying Them whatsoever they would ask; They would have seated themselves surely in this fat Soile; There would have been no removing them out of our Councels, whereof the necessity of our Affairs had made them Members and Partakers. For, had the Kirke-Interest been once confirmed among us, then by vertue of that Authority which they use to controll the Civill power, the Parliament must have been subservient to all their ends. And since it would have concerned the English Clergy (to make their Party strong, and maintein Correspondencies for their owne preservation) to have gratified their Scotish Founders in all their Desires, the Scots might easily have translated the Covenant-union to as good as an absolute Edition: current; Page: [7-036b] Nationall union, by gaining a Joynt-Interest with us in our Affairs for ever, and consequently, in all the Profits, great Offices, Councels and Concernments of this Nation.

Now, whether this were their Designe or not in the Covenant ab origine, I shall not determine; but let it be judged by their insolent behaviour here among us after they were admitted to our Counsels: And therefore in the next place I shall examine their Proceedings, which most evidently represent them in their Intentions.——it sufficed them not, after they were come in, that they had an equall Power with us in Publique Affairs, in the Committee of both Kingdoms at Derby-house (which was willingly allowed them for a time, so far as concerned the Common Cause of both Nations, in prosecuting the war) but driving a Powerfull Party in both Houses, They tooke upon them to meddle with matters relating to the future Peace and Settlement of this Nation, distinct from their owne, and to provide for an equall Interest with us therein. The first most notable Evidence of this (though there had been many before) was discovered at the Vxbridge-Treaty, where Propositions of both Houses for Peace being presented to the King, it was found the Scots had so far provided for Themselves by their Party in the Houses, That in time to come, the ordering of the English Militia, the Power of making War and Peace, and all other Prerogatives of Government, were to be administred by a proportionable number of Scots, as well as English: A thing so ridiculous, and an Encroachment so palpable, that the King Himself, in one of His Answers, took notice of it, and said, He was not so much an Enemy to the English Nation, as to signe those Propositions; or somewhat (I am sure) to this Purpose.

A second evidence or discovery of their Encroachments was made, upon their delivering in divers Papers to the Parliament, at severall times, wherein They disputed their Claim, and ventured their Logick upon the Letter of the Covenant, to prove an Interest in disposall of matters meerly relating to our welfare; which they re-inforced afterwards with new Recruits of Argument, when the King came into their Army.

But not knowing well how to maintaine their Arguments, They were contented for that time, to quit Them and their Edition: current; Page: [7-037a] King too, upon such Terms, as are notorious to all the world; who being at length reduced under the Power of the Parliament and Army, Propositions of Peace were sent to him at Hampton-Court, wherein no such Provision being made for the Scotish Interest, as was in those at Uxbridge, their Commissioners here protested against them, accused the Parliament of Breach of Covenant, and complained highly in one of their Declarations that they should bee so neglected. This may serve as a third evidence of their Covenant-designe of Encroachment; whereto may be added one more, when the King was at Carisbrooke-Castle, whither the Commissioners of Parliament were no sooner arived with Propositions againe, but the Scots Commissioners were at hand, and for the same reason protested furiously against Them. By which insolent demeanors and expressions, from time to time, and crying up the Covenant for their defence, it is clear enough what their Intentions were when they urged it upon us, and that notwithstanding all the specious Pretences of brotherly Love, their Designe in it hitherto hath beene, onely to scrue themselves into an equall Interest with us in this Nation.

Having smelt out their Project thus farre, give me leave to trace them on to the end, as briefly as may be. The Royall Party being totally suppressed, and so no further occasion to make use of the Scotish Army, the Parliament, with some difficulty, made shift to send them home into their own Kingdome: But being defeated of their Aims and expectations, they could not so rest; having failed of their ends by pretending for Parliament, they resolved next to trie what they could doe upon the Kings Score, and so the Grandees turn’d the Tables, in hope of an After-game, by closing with Hamilton upon the Royall Accompt; not doubting but if they gained the day this way, to recompence their Travels with much more Advantage. The Covenant, like a nose of wax, apt to be turned any way, served this enterprize every jot as well as the former, though the Designe were different from what it was, the great ones not caring much what became of the Kirk-Interest, since they had agreed for the security of their owne; which must needs have been very considerable, if they could have redeemed the King, and restored him into the condition of an absolute Monarch. Therefore the Edition: current; Page: [7-037b] Kirk seeing themselves left thus in the Lurch, thundered out their Curses amaine upon that Hypocriticall Engagement, as destructive to the Covenant.

But the Grandees being at a losse in this likewise upon Hamilton’s Defeat, and followed home to their owne dores by the brave English Army, were glad to cry Peccavi to the Kirk, and also to our English Commanders, whom they dismissed with many promises of fair Carriage for the future. Within a while after, a new dore of hope being opened to them by the supposed Succession of the late Kings Son, They to ingratiate with him, proclaime him their King; and here the Grandees and the Kirk joyning hands againe, become friends, and offer their Service for his restitution, upon Terms of the Covenant; which is their Plea now at this very day: So that the Covenant, which was pretended to be framed at first, for the preservation of this Parliament and the Liberties of the People, against the usurpations of regall Power, is, now that the Scots can serve their designe no longer that way, become the Ground of their present Combination with the Prince, and their Presbyterian Brethren in England, for the destruction of our Liberties; being resolved this way, since they have failed in all the rest, to trie whether they can accomplish their profane Projects through the Covenant, by insinuating themselves into Places of Honour, Profit, and Power, that they may domineere in the possessions, as their Pharisaicall Priests would over the Consciences of the English.

Thus having made way, in discovering what the designe of the Scots ever hath beene, and is at this Instant, under the faire Covert of the Covenant, certainly, no man that is master of an English spirit, but will abhorre the Hypocriticall pretences and Encroachments of that perfidious Nation. And therefore now that all men may beware how they be drawne into an Engagement with them, I shall (according to my way) manifest first, the Improbability of their Successe, and then the Inconveniences which must necessarily follow, in case their designe be successefully effected.

First, As to the Improbability of Successe, consider by way of Comparison, the great difference between the English and Scotish Soldiery. Ours are heightned with extraordinary Pay, Edition: current; Page: [7-038a] bravely accomplished, strong Horse, well disciplin’d, veterane Soldiers, better Spirited by reason of a more generous education; and to all these add the Advantage of being Englishmen, and the Reputation of having been so long victorious; let these considerations be laid in the balance against the Scots; fresh men (for the main) newly raised, a People of farre lesse generous Soules, poor in Body, Pay, and other Accommodations, save what they have purchased by proguing here in England. Judge then in reason what these are able to doe against so brave an Army that contemns and scornes Them, as having beaten them with a handfull (in comparison of their numbers) home to their owne dores; an Army, that to all worldly Advantages, hath hitherto had a speciall Protection from Heaven, God having Sealed them for his owne by many miraculous victories and Successes, to the wonder of the whole world.

Secondly, consider that our English Army are all of a Nation, Natives, and unanimous, especially upon the appearance of any Invaders; whereas the Scotish will be made up of divers Factions, Royallists and Presbyterians, that come in pursuance of different ends; which (for the time that they continue together) must needs be a cause of many Confusions and partialities of Counsells, to the prejudice of their Enterprises and Proceedings; a spring of perpetuall Emulations, that will soone untwist the Confederacy; so that in short time they must fall asunder like a Rope of Sand, and the private Soldiery be disposed to entertaine thoughts of some new Engagement, to the ruine of the first.

Thirdly, We shall not only be provided for them here, if they dare be so unworthy as to invade us; but ’tis like this Common-wealth may find work for them at home, and (to cure their madnesse) divert the humour with Phlebotomie, by way of Revulsion.

Fourthly, It is like they will be farre from running much hazard to gain Successe unto the Designe. For, if they prove a little unfortunate, the humour will alter; one good beating will make them understand, there is another way of Interest and Thriving, than under the wings of Royalty. It may chance to make them remember (because they cannot forget) how long Edition: current; Page: [7-038b] they have lived without a King in Scotland, while the Grandees and the Kirk did all; and that the English have dealt more ingenuously to have no King, than a Presbyterian Mock-King. One Rout (with this consideration) puts them presently into the humour of a Republique, as well as England. And then they will have no more work to doe, but to raise the Market, and get Chap-men for their King to put him off handsomly, that they may pay their Army, and goe home again like Scots.

Lastly, the Scots having no just Ground of a Warre against England, can hardly be prosperous in the Attempt. The Covenant can be none, being extinct, as I have proved in the former part of this Treatise; besides, I shall adde one Reason more: It cannot in common sense be supposed to have been intended as an eternall obligation, binding both Nations for ever, or to bind the English Nation with an implicite Faith, to whatsoever the Scots should expound to be righteous and necessary, to be done here for ever by way of Government. But it appeares intended onely for a certain time, for the prosecution of certaine Ends which were common to both Nations as Affaires then stood; and therefore being of a transient nature, because those Ends (by the alteration of Time, and other Circumstances) are found either not possible, or inconvenient, the obligation expires of it self. This being the state of the Covenant, neither the Scots, nor any other Party can found a Warre upon it in Reason or Justice. If so, then having no other Ground for a Warre, but Covetuousnesse, Emulation and Ambition, which (as I shewed in the Preamble of this Chapter) have been cloaked under the Covenant, in all their Ingagements, the hand of Heaven will assuredly be against them for their unchristian Practises, as may appear by these examples following.

Strig. in Chron. part 2. p. 186.First, The Athenians, carried on with Covetousnesse, Emulation, and a desire to possesse themselves of the Riches of the Lacedemonians, were the Author of the Peloponesian Warre; the consequence whereof was, that it ended with the subversion of their City walls, and the miserable slavery of their People.Peucer. in lect. Chron. d. 18. The same end likewise had the Carthaginians, for moving an ambitious War against the Romans by the Instigation of Hanniball; as also Edition: current; Page: [7-039a] had the Thebans for their unjust invading the Macedonians.Iul. An. 73.

It is observable likewise how that* Babilonian Queen and Virago (as Diodorus Siculus tels us) being greedy after the Wealth of the Indians, invaded them by an unjust Warre,Diod. Sic. rerii antiq. l. 2. c. 5. in hope to make a Conquest; but the Issue was, that she was forced to flie home again most shamefully for the safety of her life. Thus Xerxes, invading Greece with a world of Men, and Ships, was in the end glad of a poor Fishing-boat to get home out of Europe,Bella injusta infelices Successus, tristes, & Tragicos exitue semper habent. to a worse destiny in Asia; being slaine immediately after his Return, by his Uncle Artabanus. Upon the like occasion, Cyrus lost his Army, and his life; and to quench his Bloud-thirsty humour, his Head was cut off, and cast into a Hogs-head fill’d with Bloud, by the Scythian Queen.Strig. 2. Reg. 14. p. 187. Thus likewise, Mark Anthony, not content with half the Empire of the World, invading his Partner Octavius for the whole, lost all, and being taken alive at mercy, laid violent hands on himself to prevent the Fury of the Conquerour. Thus Crassus,Philip. Chron. Tom. 1. Epist. per Peuc. edit. pag. 248. another Roman, being of the Scotch Religion, a sacred hunger after Gold, invaded the Parthians without cause, against the advice of the Senate; in which expedition he lost his Army and Life, and the Parthians considering what he came for, poured Molten Gold into his Mouth, in Triumph and Mockery.

To these Examples out of profane History, let me adde a few out of the Sacred. You may read 2 Kings 15. how Senackerib, the King of Assyria, made an impious invasive War against Hezekiah King of Judah; the consequence whereof was the Confusion of his Army, and Revenge followed him to his own home so close at the heels, that it was executed upon him by his owne Sons, while he was at his superstitious devotion, in the midst of his Idols. Nor have wicked Princes onely beene punished for invading the good, but you may read also that the good have had ill Successe in invading the bad. Thus good Josiah, a most religious Prince,2 Chron. 35. warring without cause against Pharaoh Necho King of Ægypt, received his deaths wound at Megiddo, and after his death, the same King Pharaoh, to right himself of the Injury done him by Josiah waged Warre, and by Gods permission subduing the Land, made the whole Nation Tributary, and took King Jebenhaz, the Sonne of Josiah, and carryed him Prisoner into Egypt.

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Also, another good King of Judah, by name, Amaziah, provoking Jehnash, a wicked King of Israel, without cause,2 Kings 14. to Battel, was utterly Routed, the City of Hierusalem taken, the Walls demolished, the Temple spoiled, and Amaziah himself carried away Prisoner, to shew how much the Lords of Hosts, and God of Battell, is displeased with unjust Wars, that he will not prosper them, though made by his own People against the wicked that are his Enemies.

2 Sam. Chap. 2, 3, & 4.But there is one example more, which (me thinks) is very pertinent to our purpose; and that is of Ishbosheth, the Son of King Saul, who laying claim to the Kingdome after his Father, by prerogative of Succession, made War against David, who was chosen King by Gods own appointment: But to shew that Hereditary Succession is no Plea to justifie a Warre against the Powers that are ordained by him, he placed marks of displeasure against all that took part with Ishbosheth, so that in the end Ishbosheth had his Head strook off by some Commanders of his own Party, and brought to David. Now, I leave this unto those that list, to make the Application: And withall, they may doe well to consider how the Spaniard prospered in 88. in his Invasion against England; how ill he hath thrived ever in his Attemps against the Hollander: And as for the Scots, I suppose, that as it concerns them to consider the sad example of the late Hamiltonian Invasion; so they and their Adherents may learn from all these together, That God will never prosper them, if they proceed in their unrighteous Combination.

Having shewn the Improbability of the Scots successe, I shall in the next place discover the great Inconveniences and hazards that our Nation must needes undergoe, in case it should happen.

First, It being evident, that their designe in urging the Covenant upon us, hath been to insinuate themselves into an equall Interest with us in our own Nation, it is to be supposed, that having hitherto been defeated of their long-expected Prey, they come now to prosecute it with the greater appetite: And it is to be presumed they will not serve their King with the Covenant, at an easier rate than they intended it should have cost the Parliament.

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Secondly, It is to be feared, this so much desired Interest of theirs may (if opportunities fall out right for their Turns) be driven on farther by the Sword; than yet we are aware of. A Nationall Union hath been whisper’d often among them heretofore; and there’s no doubt but they will bid high for it, if ever they have occasion; And then it must needs be a very fine world, when we are confounded with a Miscelany of Scotish and English; when Scots shall be Competitors with us in point of Priviledge, vie wealth with us in our own Possessions, Honours, and Dignities; and either impose new Lawes upon us, or alter the Old, as may make most for their Advantage.

Thirdly, That these things may be, is probable enough, since their King having no other rewards to give them, it is impossible he should satisfie the Grandees and Leaders any other way, than by promising large accessions of Interest, with other mens Honours and Possessions; even those men’s (perhaps) that are the Moderate Sort of Trangressors; For, in such Cases it is usuall to stretch all Offences upon the Wrack, to supply the necessities of the Conquerour; and then if this happen, ’tis like a Scotch Covenanters stomack, will allow no distinction betwixt Presbyter and Independent, but may digest the estate of an English Covenanter, without so much as a Scruple of Regreet, or Compassion.

Lastly, it is a very great wonder, since the present Stage-play of the Covenant, and the Actors, are brought on this side the Curtain, and we know what they are through all their disguise, and what they aime at, That yet many of our English should be so stupid, as to be led away with their Cheates and Pretences for a King and Reformation: Also, since it is evident, that their chief Leaders and Sticklers gape onely after Profit and Preferment, and (according to the Custome of all Forreiners in Arms) will make no difference between Friend and Foe, so they may satisfie their covetous and ambitious Ends; since the whole People likewise must of necessity be harassed with innumerable Taxes, to pay the Rabble of their Souldiery; certainly, no true English heart can be so degenerous, as to forward or countenance them, in their invading this Nation.

Now, for a Conclusion to the whole; that these Particulars Edition: current; Page: [7-040b] may appeare more solid then mere Insinuations, give me leave to confirme them by many Authentick examples; it being an ordinary Case in the world, That* Commonwealths and Kingdomes have been oppressed often by those Foreiners, that came or were invited in as Friends to give their assistance. Here before I proceed, let me call to minde a Story of the Hedghog, in the Fable; who being almost dead with Cold, chanced to light upon a Foxes Kennel; where asking for entertainment, the Fox more compassionate than wise grants his Request. But the Hedghog, as soone as he recovered warmth, began to bristle and prick the Fox, who complaining of his unworthy carriage, the Hedghog made Answer, that if he found him troublesome, he might leave him, and seek a new Lodging. I shall make no application, but leave those that would entertaine the Scots as their Friends, to consider whether they should finde more Courtesie from them, if They had power here, then the Fox did from the Hedghog, or than other Nations have had from the friendly Pretences of Forain Auxiliaries.

Justin.Concerning this, there are severall Precedents. The Macedonians being invited by the Thebans, to assist them against the Phocians, made a shift not onely to seat themselves among the Thebans, but under the Conduct of King Philip, made way to the Conquest of all Greece: So the Persians comming as Friends to aid one Party in a civill division in Caria, suppressed both, and deprived that Common-wealth of its liberty.Xenoph. lib. 7. And the Carthaginians, in the first Punick Warre, received more Prejudice from the Celtæ, their Confederates and Brethren in Covenant, than from the Romans their Enemies.

Pezel. part. 4. pag. 613.The Goths and Vandals being invited by the Emperour Theodosius, for his assistance, deprived him of Italy and Spain. Afterward, the Longbeards or Lombards being called in by Narses against the Goths, seated themselves for above 200 years in that part of Italy, which from them was called Lombardy.

Circa annum Christi. 870. Chytræus in Apocalyp. cap. 9.A Quarrel hapning between the two Saracen Sultans of Persia and Babylon, the Persian called in the Turks. under the Conduct of their Captain Tangrolipix out of Scythia, who seated Themselves first in a part of his Dominions.

In the Chronicles of Judah, we read how King Ahaz invited Edition: current; Page: [7-041a] Tilglath-pilneser King of Assyria to his Assistance, against the Edomites; who comming as a Friend, did him exceeding prejudice, and laid a Designe then for the Conquest of Hierusalem,2 Chron. 28. which was afterward effected. Josephus tels us likewise, how that Pompey being called to assist Hircanus, in the recovery of the Kingdome of Judæa,Josephus de bello Jud. lib. 1. c. 12. out of the Hands of his yonger brother Aristobulus, took occasion hereby to reduce it under the Roman obedience.

In the time of the Emperour Fredrick the 3. the Princes of Italy being in contention, the Pope called in the Spaniard and severall other Princes, to compose the Quarrel; which being done, a new one arose betwixt the Auxiliary Princes for the Lordship of Italy;In Chron. Phil. lib. 5. but the Spaniard drave away the rest, and made bold to keep possession for himselfe. Thus likewise, the Spaniards being invited into Sicily and Naples, to free them from the French, did indeed expell the French, but possessed both Kingdomes themselves. On the other side, a Controversie arising between Lewis and John Sforza for the Dutchie of Milain, John called in the Spaniards to his Party, and Lewis the French: But the French driving out John and the Spaniards, made themselves at that time Masters of the Duke-dome, and carried their Friend Lewis away Prisoner into France.

Sam. Daniel.Thus in old time our Ancestors the Saxons, being called in by Vortigern the British King, to assist him against the Invasions of the Picts and Scots, turned their Armes against the Britains, and driving them into Wales, transmitted the possession of this Island to us, their Posterity.Joh. Bodinus lib. 5. cap. 5. So the Scots likewise (as Bodin saith) being called in to the assistance of the Picts against the Britains, possest themselves of the best part of that Kingdom, which they hold at this day.

And now I would know of the Admirers of the Scotish Nation, what assurance they can have, that in case The Scots come in hither with their King upon their Shoulders, and their fine Flourishes of pretended Friendship, what assurance they can have, that they shall not serve us the same sauce, as their Ancestors did the Picts, and as ours did the Britans, or as others did other Nations, whom they oppressed under as glorious Pretences, in case They should get the Power in their hands: Especially since of Edition: current; Page: [7-041b] late time, They have made so many palpable Discoveries of Encroachment upon the English Nation.

Seeing therefore that their Covenant Cause appears a Cause for intrenchment upon our Nationall Interest, rather than for Religion or Monarchy, I may reasonably conclude, that it concerns all Parties whatsoever (if not for the Improbability of their Successe, and the Miseries that would follow it, yet) out of a detestation of their Designe, to abhor Them in their Invasion.

Chap. III.: Concerning the English Presbyterians.

WHence it was, and for what ends, Presbytery was first brought into this Nation, is not here to be disputed: But if we grant the Intentions of its first Fautors to be pure in the Fountain; yet it appears polluted in the Streams, by the Corruption of their Successors: For, as the primitive Pretences of it were high and glorious, in the innocence of its Cradle; so being grown up to a full Stature, it hath (after the manner of all other things that participate of worldly mixtures) in time contracted so many adulterations of worldly Interest, that it hath lost the Beauty which it once appeared to have, and serves every Sophister, as a Cloake, to cover his ambitious Designe.

But since it is arived, notwithstanding, to such a hight in the opinions of many, as to be cried up for the only patern of Government under the Gospel, this is to be imputed to the blind Zeal of those that are led, and the deceitfulnesse of the Leaders, rather than to the Intention of its learned Founder, Mr. Calvin. For, it doth not appear that ever he stretch’t his Module so far, as the necessity and universality of a Divine Right; but seems only to have hewn part of the Building out of the rock of the Scriptures, and peeced up the residue by politique and prudentiall Rules, such as he conceived might found nearest the Text, and serve most conveniently to cement the dis-joynted Members of the then broken and tumultuous Common-wealth of Geneva, into an entire and well-compacted Body.

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It was no sooner lick’t into Form there; but (as it is the Fate of all things new) it began to be much extoll’d and admired; and the Fame thereof spreading in England, as well as other Parts, wrought in many of our Country-men an Itching desire to goe thither, and instruct Themselves in the Nature and Customs of the Government; where, of Spectators they soon became Proselytes, and returning home with new Affections, looked with an eye of disdain upon the Bishops; as if Themselves had indeed found out the Patern in the Mount, because (forsooth) the words, Presbytery, Elder, Deacon, & Assembly, &c. found more Gospel-like than Diocesse, Church-Warden, Arch-deacon, and high Commission, &c. with these Terms,* the ordinary Sort of Religious persons, not able to see through this Shell of words, into the Kernell or Substance of the businesse, were easily led to a belief of high Matters; whereas this new Form, like the Trojan Horse, brought an Army of mischiefs in the Belly of it; wth were never so fully discovered, as till this Parliament. For, immediately after that the Episcopall Form was abolished here, as corrupt and Antichristian, the chief Sticklers of the Presbyterian Clergy began to shew their Teeth; and sitting in an Assembly cheek by Jole with the Parliament, intermedled with their Affairs, labored to twist their Church discipline with the Interest of State, claimed in their open Pleas, Discourses, and their Confession of Faith, a Power in themselves distinct from the Civill, and demanded the Voting of this in both Houses, as Jure Divino, that so the Parliament might for ever cut the Throat of their owne Authority, and Magistracy.

These, and many other Pranks they played, in hope to erect their intended Domination: And though (being often required) they were as little able as the Bishops to shew their Pedegree from the Apostles, or to derive the lineaments of their form from the Body of the Scripture; yet they pressed it on still, and wanted not their Party in Parliament, with the assistance of the Scots, (whose Interest it was) to second them. And here it might be wondred, that so many knowing men, and of able Parts, should prove so degenerous, as to prostitute Themselves, and the Majesty of the Nation, to serve the ambitious ends of a few Priests; but that they had their Ends in it too, and were willing to follow Edition: current; Page: [7-042b] the Example of the Scotish Grandees, by gratifying the new Clergy in the form of a Nationall Church, with Accruments of worldly pomp and Power, the better to support their Owne in the States.

For this Cause it was, that They stooped so unworthily to the Designe of the Scots and the Clergy; and being all of them combined in Interest, they were in a manner necessitated, to countenance and comply with each other in their mutuall Encroachments, to the dishonor of our Nation, the debasing of Parliaments, and the extreme hazard of the Liberty of our Soules and Bodies. All which being considered, you may see, how exceedingly we are obliged to our present Governers, that they strove so mightily against the stream to prevent Them all in their severall Designings; and what necessity lay upon Them to expell that corrupt Interest out of Parliament, and to follow the Counsell of the Poet, in cutting* off a rotten Part for the preservation of the whole, by the Power of the Sword. By reason of this necessary and magnanimous Act, it is, that they have made Themselves so many Enemies in the Presbyterian Party: For, the Scots, being defeated of their English Interest, the Secluded Members of their Hopes and Priviledges, and the Clergy of their Kirk-domination, incline all immediately to face about to the Prince, and to hedge in him and his Interest with their owne, as well as they can, in hope of private Revenge and a Recovery, without any regard at all to the good and Peace of the Publique. Then Gentlemen, if they prevaile, ye will be but in the old posture again, As you were; yea, and far worse than you were, since all those Church-usurpations which were then but in designe, must needs be confirm’d by a new alteration.

For this Cause it is, there are so many Presbyterian Juglings in private, such Murmurings abroad, and so many Mutinies in the Pulpit; such well-acted Lamentations for the glory of the Kirke, and the losse of their Diana, that every Prayer is a Stratagem, most Sermons meer plots against the State, and upon their Hearers. Thus the Nature of their Designe being discovered, give me leave in the next place to manifest the Vanity of their Hopes, that if men will not forbear for shame of its hypocrisie, they may yet, in consideration of the many sad Consequents, which may follow.

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As to the Improbability of their Successe,

First, Our English Presbyterians are very inconsiderable now in England, because above three Parts in four are fallen off, since they were able to see through the Pretences of the Grandees of their Party; so that the small Remainder can doe little of Themselves, and all their hope leans upon Scotland, that bruised Reed.

Secondly, As their Party is but small of its Self; so there is small likelyhood of an Increase, because all the Rest of this Nation are Opposite to them and their waies, being either Comon-Wealth’s-men, or Royallists. And though they use all Indeavours to draw in the Royall Party to their own, yet it can never be effected, by reason that the old Antipathie will revive upon every little occasion. For, the Royallists looke upon them still, as the Authors of their Misery; and the Prince (who is Head of that Party) though He may feed Them with fair Promises, can never cordially imbrace them, being the old Enemies of his Family: Nor will he count them any whit the lesse guilty for their hypocriticall protesting against the Death of his Father; For, They reduced him Diminutione Capitis, into the condition of a Captive; They spoil’d him as a King, before others executed him as a private man; They deprived him of his earthly Crowne, and kept him languishing, whereas his owne† Party say, others were more courteous in sending him to an heavenly. In short, I affirm, that the present Powers have done nothing now in altering the Government, but what was done in effect before, or must have been done by the Presbyterian Party.

Thirdly, But suppose (what in reason cannot be supposed) that the Prince could forget old Injuries, and that the necessities of the chiefe of his Party should bring down their Stomacks to a compliance with Presbyterie; yet the main Body of that Party will never comply, in a course so destructive to every mans Interest of Conscience and Liberty; nor venture their Lives and Estates to establish a Faction, which they beleeve to aspire toward an intolerable Tyranny, over Magistrates and People.

Lastly, the Presbyterians Themselves may doe well to consider, what Successe they are like to have in their union with a Prince, whose Interest is already declared to bee Revenged for Edition: current; Page: [7-043b] the ruine of his Father. Though They laid him not downe upon the Block, yet They brought him to the Scaffold, and when time serves, the Philosopher’s Maxime will prove good Logick at Court, Qui vult media ad finem,Beda. Axiom. ex Aristotele. vult etiam & ipsum finem; He that wills the meanes conducing to the end, wills also the end it selfe: Ergo (will the Courtiers say) since the Preshyterians put such Courses in practise, as tended to the Kings Ruine, they certainly intended it, and are as guilty as others.

This Story is recorded by Machievel. in his first book de Repub.But to illustrate this a little, give me leave to close up this particular with a notable example——It hapned that Clearchus, the Tyrant of Heraclea, was by a Conspiracy of the Grandees driven out of his Dominions, They hoping when he was gone, to have all power in their owne hands; but there started up a Party of the People, which prevented them, and setled the State in a condition of Liberty and Fredome. Hereupon, the Grandees, in disdain and revenge against this new Party, conspired against the Common-wealth, and brought back Clearchus into possession. The Tyrant being thus restored, instead of gratifying them that had a hand in his restitution, consulted to satisfie both his owne Revenge upon them, for having opposed him at first, and also the discontents of the People against them, for their having deprived them of their late Liberty: And therefore all the reward they received for bringing him back was, that he Sentenced them all to a most shamefull Execution. This is the Story, and now I leave those Presbyterians, that dreame of high Successe in bringing back the Prince, to make application.

As for the Inconveniences which the Presbyterian Designe would bring upon the whole Nation, guesse at them by these Particulars following.

I shall passe by those Inconveniences which must ensue their Combination with the Scots, having sufficiently mentioned them in the former Chapter, and consider those only that would follow the establishment of their Presbyteriall Discipline; First, Besides the many mischiefs it would bring upon the Nation in generall, the Royalists (of all others) can receive no content in it, being absolutely destructive to Regall Dignity. It never was embraced yet by any one Nation, in a Nationall Form, but by Edition: current; Page: [7-044a] Scotland. This (as one* hath observed) was done, during the minority of King James, when the Lords and Clergy ruling all as they listed at length parted Stakes (though the Clergy then got, and still hold the better) that when he came to Age, he found the Fable of Ixion’s Juno moralised upon himself: For, as he imbraced a Cloud instead of a Goddesse; so the King, when he thought to grasp his Scepter, laid hold on a Manacle, which kept his hands so fast, during his abode there, that he could never Act but what they pleased to let him, according to their owne Directory of Kirk and State. And in processe of time, this heat of Presbytery proved such an Hectick in the Body Politick of Scotland, that the substance of Kingly Power was utterly consumed, and nothing left (as we see at this day) but the bare Bones, the very skeleton of a Monarchy: witnesse the absolute Power exercised by their Parliament, and the Generall Assembly of the Kirk-men; but especially of this latter, which, like to the Rod of Aaron, is in such a budding thriving condition, that it hath devoured the Rod of Moses, as his did those of the Magicians of Ægypt, and proves a Scourge to the Magistracy and People.

Secondly, the difference betwixt the present Powers, and Them, is onely this; That they would not have a King so much as in Name; the Presbyterians would have no more but the Name of King, a Scar-crow of Royalty: The State in down-right terms have declared themselves Free; the other pretend to maintain the Monarchicall Form, yet actually destroy the very Fundamentalls of Monarchy: And now I would faine know of the deluded Royalist, which of the two deals most ingenuously; and if the Presbyters take place, wherein he can conceive his Party will receive any Advance or Advantage: For, besides that, this mad Discipline destroyes Bishops, and clips the wings of Regality, it will intrench also upon the Lawyers, curb the Gentry in their own Lordships, by a strange way of parochiall Tyranny, and bring all People into the condition of mere Gally-slaves, while the blind Priests sit at the Stern, and their Hackney-dependants, the Elders, hold an Oar in every Boat. For,—————

Thirdly, were those Priests seated here (as they are in Scotland) in a sure Succession, then (as it hath been long since* observed in Print) a Correspondence being cherished between a Clergy of the Edition: current; Page: [7-044b] same garb and humour, in both Countries, They might finely tosse Thunderbolts of excommunication on both sides, to gratifie each other, and so be able to terrifie all Persons, that dare be averse in either Nation, and promote such onely to places of Honour, and Profit, whose poorer Spirits will vassalize their Genius, to serve the ends of their Kirk-domination. In hope of this it is, that we have so much bauling about the Covenant; and rather than faile of it, Oh, how they pant after the Scots, who cannot chuse but laugh in their sleeves at them, to see them drive on the worke, at the perill of their Necks; the new Scotish Combination being (as I have shewn) but a fresh On-set to the first Designe of encroaching upon English Interest, and the mainteining of a Faction here to serve the Aims of Scotland, and the Ambition of a few Scotified English, (some particular Grandees among the Laity, and obscure Rabbies of the Clergy) who are content to share dominion with the Scots; and so they may doe that, care not though they betray the whole Common-wealth and State of the Nation.

Fourthly, it being cleare, that the Plot of Presbytery is carryed on merely for these unworthy ends, what madnesse is it for any men that pretend wisdome, to hazard Themselves and their Fortunes, to draw on the guilt of innocent bloud by embroyling their Countrimen, only to serve a Faction, whose practises (when they are invested with power) will be (as they ever have been) to make them share with others in the Common calamity at present, and entaile Slavery upon their posterity for ever.

Fifthly, that I may give you a little more light in these Things, consider, that the Reason why the Presbytery contended for is so destructive of Liberty, is, because of the* Popish Trick taken up by the Presbyterian Priests, in drawing all Secular Affairs, within the compasse of their spirituall Jurisdiction: And this they doe by meanes of that awe, wherein they pretend to hold the Consciences of the Magistrate and People; the one being lyable as well as the other, by Suspensions and Excommunications, to be exploded at pleasure as Scandalous Sinners. This appears by that large extent of their Authority in judging of scandalous Sins, which reaches almost to every action of humane life; So that all the people besides their Favourites (from the Counsellor Edition: current; Page: [7-045a] to the Beggar) must at every Turn stoop like Asses, to be ridden by them and their arbitrary Assemblies.

Lastly, the Setling of Presbyterie in such a mode, would erect a Power Ecclesiasticall distinct from that of the Civill: For, it is a Maxim among all Presbyters, and we find it pleaded for at large, in the Confession of Faith set forth by the Assembly of Divines [That there ought to be a Jurisdiction in the Church (that is, in their way of Discipline) distinct from the Civill:] which Tenet of distinction must needs be the same, in effect, with that of the Church of Rome’s Supremacie; seeing, those which plead now for a Power without the Civill, will not be long before they arive to such a height of Presumption, as to act above it or against it, in persuance of their owne Designes. It will be impossible to keep such a Church-Discipline within its limits in any Common-wealth, which makes the same Persons Civill Subjects, and Ecclesiasticall Superiors.—— To passe by many other Examples of the strange Inconvenience of that Disciplin, in this one Particular, I shall only produce one of late memory, about the Ingagement of Hamilton: who (as I signified in the Preamble of the former Chapter) preparing to invade this Nation without the Kirke’s approbation, was by Them opposed, and all his Party also in Parliament (which were the Major Vote:) And after he had gotten as Authentick an Authority, as that Nation was conceived able to give him for his Designe; yet notwithstanding, the Assembly (because they saw the Grandees had deserted Them, and left the Kirk-Interest in the Lurch)† protested against Hamilton’s Proceedings, and in him, against the Authority of Parliament whereby he was inabled, cursing Him and his Adherents.

Now therefore, considering what the Nature and Designe of their Presbyterie is, what small Successe its Abettors are like to find, and what mischievous Inconveniences must unavoidably follow it, I leave every reasonable man, within the Closet of his owne Soule and Conscience, to make a Conclusion; whether he ought not rather to Engage with the Common-wealth, than with this unreasonable Party.

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Chap. IV.: Concerning the Levellers.

WHat these People aime at, and how they would settle, is as hard for me to determine, as in what point of the Compasse the wind will sit next, since they are every jot as giddy and rapid in their Motions. Yea, the very Settlement which they pretend to, would, were their Desires granted, put the Common-wealth into an utter Impossibility of Setling, as I shall prove by and by, when I come to Particulars.

In the mean time, that you may know what They are, and how they came to be distinguished by this Title, give me leave to trace Them from their Originall, and manifest how they were divided in Affection from the Parliament; which appears to be occasioned only by a meer misinterpretation or mistake of some Passages in divers Declarations of the Parliament and Army touching the Liberties of the People; wherein they professed, That the compleat Settlement of the Liberties and Peace of the Nation is that blessing of God, than which, of all worldly things, nothing is more dear and precious in their Thoughts. From this, and the like Expressions, a certain Sort of men, of busie pates, and that have a mind to seem Sombody, immediatly tooke upon them to frame such Comments, and Chimera’s of Liberty, as might fit their own Ends and Phantsies; And in time, disseminated such strange Principles of pretended Freedom, among the common Sort of Soldiery and People; that it became evident to all the world, they sought not Liberty, but Licentiousnesse.

And the first time that they began to appeare considerable in view, was in the year 1647, when that memorable contest hapned betwixt the Army, and the corrupt Party then prevalent, in both Houses and the City: At which time, though they did good Service in helping to reduce the one, and purge the other; yet no sooner had the Parliament recovered it Self into a State of Innocence and Freedom, and begun to Act in such a way, as they conceived necessary to establish the Liberties of the Nation, but these men made bold to carp at their Proceedings, and crie out Edition: current; Page: [7-046a] against Them and the superior Officers of the Army, as perfidious, and Betrayers of the publique Interest; because Themselves (a hot-headed Rabble, and the meanest of the People) might not have it setled after their owne humor.

From whence it appears, the first Cause of the Difference between the Parliament and Them, was their bold and impudent behaviour, in presuming to direct their wisdom what to doe, and and taking upon them, Dictator-like, to define what is Liberty, and what not, and how it ought to be established; as if Themselves alone were infallible, and the only Champions of Universall Freedom, and the Parliament such, as either regarded it not, or sought it’s destruction. And, notwithstanding that they have manifested their great wisdom, courage, and care ever since, in carrying on the work of Freedom to this height, wherein we now see it, to the absolute confutation of these mens Calumnies; yet their restlesse Spirits proceed still in the same violent Course, having of late, in a presumptuous manner, presented a mutinous scandalous Remonstrance, which (neverthelesse) they call an humble Petition, to the Parliament; wherein they take advantage, by the present Necessities of the Common wealth, to slander Them in their Proceedings, as Oppressors of that Liberty which they so Zealously mainteine; and for the necessary Defence whereof, they are constrained to continue divers Payments upon the People, at present, to purchase ease in the future.

See the Agreement of the People.Having thus discovered the vanity of their Quarrell, in the next place give me leave to shew what their Designe is: And this They professe, in that Pamphlet, called, the Agreement of the People (set forth May 1. 1649.) to be a Popular Form, or a Government by the People, as the only Preservative of Peace and Liberty; wherein it is required, That the Supreme Authority of England, and the Territories therewith incorporate, may reside henceforward in a Representative of the People consisting of 400 persons, and no more; whereto, all of 21 yeares and upwards, are allowed a Right to chuse, and be chosen Members, except Servants and Vagabonds. And because all persons have an equality of Right to chuse and be chosen, without respect of Birth, quality, or wealth, all Orders of men being Levell’d in this Particular, therefore the Promoters of this way, are not improperly called Levellers; so Edition: current; Page: [7-046b] that this Term of Levelling is equivalent with Aristotle’s Ἴσονεμία, which is translated æqualitas Juris,6. Polit. cap. 1. the Equality of Right before-mentioned; And the same Author saith, this Plea for Equality of Right in Government, at length introduceth a Claim for Equality of Estates, and the making of such Lawes as the* Agrarian Lawes enacted by the popular Boutefeus in Rome, whereby it was made criminall, for any man to grow Richer than ordinary. But of this, more anon.

Now therefore, since it appears, how injurious their Calumnics are, and how perilous their designe is, to the Parliament and Common-wealth, I suppose it were time lost to stand to prove the Improbability of their Successe, seeing all Persons of Credit and Fortune, are concerned, to abhorre and detest this Wild Project: And though the four Champions made Proclamation in the head of their Agreement;See the Preanble of the Agreement. That according to the nature of Truth, it hath made its own way into the understanding, and taken root in the hearts and Affections of most Men; yet you must know these men they speak of, are onely the rude multitude, who understand no more of the businesse, than that it may prove a hopefull way, to mend their own out of other men’s Fortunes, and satisfie their naturall Appetites of Covetousnesse and Revenge, upon the Honourable and Wealthy. In consideration whereof, I come next to give you a more exact and lively Draught, of the manifold miserable Inconveniences of that Government, (or rather, Confusion) so earnestly contended for by the Levelling Party.

First, Such a Democratick, or Popular Forme, that puts the whole multitude into an equall exercise of the Supreme Authority, under pretence of maintaining Liberty, is, in the Judgment of all States men, the greatest enemy of Liberty; For, the multitude is so Brutish, that (as the Emperour Claudius said) they are* ever in the extreames of kindnesse or Cruelty; being void of Reason, and hurried on with an unbridled violence in all their Actions, trampling down all respects of things Sacred and Civill, to make way for that their Liberty, which Clapmarius calls† a most dissolute licentiousnesse, or a licence to doe even what they list; according to that of the Lyrick,

———In vitium Libertas exoidit, & vim

Dignam lege regi.————

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when Liberty becomes the greatest Vice, and degenerates into Violence. Such a Liberty as this is recorded by Tacitus, to have been among the Parthians, an uncertaine loose kind of People,* living rather without government, than in Liberty; or as Salust speaks of the Aborigines, a rude sort of men, without Lawes, without Government, free, and dissolute. And Livy† tells you, how things were come to that passe in the popular State of Rome, that no regard was had either to the Senate, or Magistracy, or Military Discipline, or to the Lawes and Customs of their Ancestors. When Affairs are in this condition, then (as Aristotle saith) Mera Δημοϰ[Editor: illegible letter][Editor: illegible letter]ία est extrema tyrannis, meer Democracy (or liberty) is extreme Tyranny; and (as Besoldus) Plebs perniciosissimus fit Tyrannus, the People becomes a most pernicious Tyrant. Hence it is, saith Guicciardin, Histor. lib. 2. very pertinently to our purpose, That many times, when a People have got loose from the yoke of a Tyranny or Kingly Government, out of a desire of Liberty, they proceed from one Extreme to another, & sese, nisi retineantur, in effrænatam licentiam præcipitant; quæ quidem & ipsa, Jure Tyrannis potest appellari, and except they be restrained, run headlong to Licentiousnesse; which also may be rightly called a Tyranny. To which accords that of Peucerus, who most excellently describes the Effects of it in these words:* The study of popular Air, applause, and humor, is a madnesse no whit inferior to Tyranny it Self. Those which seek after it, as Leaders of the People, become far more cruell and mischievous than single Tyrants can be: For, single Tyrants are the lesse able to doe mischief, because, they are constrained to stand in fear of others; but the furious Multitude fearing no colours, are hurried on like a Torrent, and beare downe all the Bankes of opposition. So that (as Clapmarius saith) reckon up those flagitious Enormities of Kingly Government together;Clapm. &c Flag. Dom. cap. 19. as breach of Faith, violation of things Sacred, depriving men of their Possessions, with all the Acts of Injustice and cruelty, and they abound much more in a meer Popular State (or Levelling popularity) than any other. And therefore, († Bodin concludes) since it is the high Road to Licentiousnesse and Tyranny, it is justly condemned by all wise men of the world.

Bodin. 6. cap. 4.Secondly, Nor is it only a meer Tyranny in it Self;Petr. Gregor. 5. but so far destructive of a Free Statede Repub. cap. 3. (especially a Free-State newly erected) Edition: current; Page: [7-047b] that it soon causes a change of it into the Form of a regall Tyranny; according to that Maxim of Politicians, Facilis est transitus a regimine Democratico ad Monarchicum, The passage is quick and easie from a meer Popularity to Monarchy; And that, because of those Discontents, Emulations, and Tumults, which arise continually among them, and whereby their Leaders so tire them out, that in a little time, they† willingly yeild themselves under the yoke of any one Person, who seems willing and able to deliver, and ease Them by a Settlement. Thus Rome, that stately Mistresse of the World, who disdained to stoop under Victorious Cæsar, falling afterward into Popular Divisions, and Discords, more fierce than ever, soon grew weary, and willing to bow her neck under* Augustus. Plutarch compares those popular Tumults to the pangs of a Woman in Travell, calling them Ὀδίνας Reipub: the Pains of a Common-wealth, that† must needs bring forth into the world some great Kingdom or Tyranny. Now the Person invested after this manner, is usually some one of their Leaders; who by soothing and carrying them on upon high and glorious Pretences of Liberty, gaines so much confidence and Power among Them, that in the end he bereaves them of liberty to disturb him, or themselves any further. Thus, and by such Arts as these, Julius Cæsar first erected the Imperiall Tyranny at Rome, as Pisistratus likewise made himself absolute at Athens, and Dionysius the Tyrant at Syracusa; who pretending Themselves great Patrons of Liberty, stirred the People up against the Senate and Counsellers of State, as Enemies to that Liberty, whereof they were indeed the only Keepers. And it is not to their Leaders alone, that they expose the publique Liberty, but oftentimes to those out of whose hands it was first recovered: Thus, Agathocles the Tyrant of Sicily, Periander, and severall others, have by this means, after they had been expelled, regained a possession: And therefore it cannot be improper here, to return the Language of our Levellers in their late Petition, home to themselves; that since They, and divers others dis-affected Persons, are so unwilling to imbrace the Common-wealth, in it’s present state and true condition of Liberty, They are to be reckoned the only Causers of those Taxes and other Inconveniences now lying upon us, whereas if they would unite (as they ought) our Burthens Edition: current; Page: [7-048a] would be inconsiderable, because the Royall and forein Confederates would have the lesse Confidence to assail us, and force these Necessities upon us, were we once free from those Divisions, distractions, and dis-satisfactions, which Presbyters and Levellers occasion here among us.

Thirdly——It cannot but be sad to consider, what Tumults and Combustions must needs happen every year, by reason of those prodigious multitudes, that are admitted to make choice of the Persons to be intrusted in the Representative: And though there be one Clause in the Agreement, which seems to provide against Riots at every chusing of the Members, yet it is impossible to devise any means to prevent those Inconveniences which will arise in a self-opinionated Multitude upon such an occasion,Sciuditur incertum studia in cõtraria vulgus. wherin they all conceive themselves to have an equall Interest and power, and touching which it can hardly be expected any Conclusion can be made, till from Arguments they proceed to Cuffs, and so in the end, the Club carry the Election.

Contzen. 1. polit. cap. 20.Fourthly, It hath ever been the Custom in these meer Popular Forms, for the most part to make choice of the lowest of the People, such whose Persons are held in Admiration by the rest of their Fellows, and like to satisfie them in all their phren’tick humors; a lively sad example whereof we have in the popular State of Athens,Greg. Tolos. l. 4. de Repup. c. 3. where they chose such Persons to participate of the supreme Authority, as would countenance them, and share with them, in slaying or condemning the richer Sort, and then seizing upon their Possessions, plundering their Houses, and many more such fine effects of Levelling Liberty. Hence it is, they shift and change their Governers so often,Plebs Rectores meliores vocat cos, qui magis ci indulgeas. I [Editor: illegible word] rejecting, at every new Election, such as they have found averse to their licentious waies, as Enemies of Liberty, under pretence of putting Better in their places; that is, such as indulge them in these and the like Courses.

Fifthly, by this means, unlearned, ignorant Persons, neither of Learning nor Fortune, being put in Authority, the Common-wealth cannot remain safe either in peace or war; for, through covetousnesse and private necessity, they will exercise rapin and Injustice in time of Peace, and by reason of their Ignorance in the Affairs of Government, the State must needs run a hazard in time of War, or any other publique extremity. Here, let me call Edition: current; Page: [7-048b] to mind a Passage of the Romans, mentioned by Aquinas*; among whom it hapned, that two Persons being chosen by the Consuls, for the Government of Spaine, they were after the Election found fault with, the one being very Poore, the other accused of being Covetous: And when it had been long debated, which of Them should be intrusted, at length Scipio, to end the controversie, stood up, and concluded neither, because Persons so qualified must needs be corrupt in their Government, and ever sucking the Body politick, like Leeches, wheresoever they can lay hold: yet such Persons as these, poor, and unexpert in Affairs, if they are Busie-bodies, and have a nimble Faculty of prating, are usually adored by the Vulgar, as the only Statesmen.

Sixthly, It is ordinary with the grand Demagogues, or Leaders of the People, to make Sale of Elections, and all Offices of Judicature, Honor and Authority; and upon these Terms they many times admit the better Sort into Places of power, and turn them out again at pleasure: So that (*as Plato and Plutarch say) meer Popularity is no Government, but is as it were a Market, wherein all Offices of Government are exposed to Sale; and He ordinarily gains the best bargain of Authority, that hath the longest Purse, and most powerfull Tongue, to perswade the† Clerks of the Market; whereby it is to be supposed on the other side, that the Purchasers will see Themselves no Losers; it being a matter of Course, that such as buy Authority should fell Justice.

Seventhly, The Plea of our Levellers for yearly Representatives, with this Caution, That no Man shall be chosen a Member of 2 Representatives together, and that in the Intervalls we may be Governed by a Committee of their owne Members, without a standing Councell of State, is very irrationall. For, what understanding can a Succession of mean and new elected Persons have of the publique Affairs, so as to manage them with Skill and Advantage, in so short a Time, seeing it is use and experience that fits a man for the carriage of Grand Concernments of State. We find in the Roman State (when it was most Popular) that the Multitude were never so mad as to cast off, though they took upon them now and then to controll, the Senate, which Edition: current; Page: [7-049a] was their standing Councell; and without which no Common-wealth can continue of any long standing: And therefore it is, that rather than such a Councell of State should be wanting,* Aristotle adviseth us to intrust them with Affaires altogether, they having all those Advantages of Observation, Custom, and Experience, which cannot be expected from a tumultuary Succession, of raw and unexpert Statists. As for example, we read, in what a flourishing condition the Common-wealth of Athens continued, as long as Affairs were ordered by that Famous Councell,Thucydides l. 2. pag. 63. the Areopagites; and no sooner did the power come into the hands of the People, but afterwards all turned to confusion. It were much to be wonder’d, that the State of Rome stood so long in a Popular Form, (but that we know) it was also underpropp’d by the Wisdome and Authority of the Senate, and had many eminent Pillars to support it; as Menenius Agrippa, Furius Camillus, Papirius Cursor, Fabius Maximus, Cato Censor, Marcus Scaurus, and Pompey, upon whose Vertues its subsistence depended, and not upon those Tumultuary Sots, the Many. Thus likewise, the popular State of the† Thebans subsisted a while, by the singular Wisdome and Valour of Pelopidas and Epaminondas; who were no sooner gone, but the Popularity sunk of it self, and came to nothing. How much safer then must it needs be for the People of this Nation, to leave the Succession of Representatives, and the Form of a Councell in the future, with the time and manner of their Constitution, and Rules for Election, to be ordered by the wisdome and discretion of Parliament, than after the humour of some obscure persons, whose Knowledge and Interest in the Publique matters, is no whit comparable to theirs, and therefore not to be valued in competition with them, for the ordering of such Affaires, as so highly concern the Good and Peace of the Publique.

Eighthly, this Popular Form is the only enemy of true generosity and vertue: For, how much the more excellent any man hath approved himself, either in Conduct or Counsell, so much the more he is suspected hated, and calumniated, by the ungratefull multitude. In the popular state of Rome, They had Lex Repetundarum,Lex Repetundarum. a Law whereby the multitude were inabled to call all publique Magistrates and Officers to Accompt; a course Edition: current; Page: [7-049b] seeming plausible enough in it selfe: But hence proceeded those Libere Accusationes, whereby the People having liberty to accuse Magistrates, proceeded to Calumniations,Liberæ accusationes, & Calumniationes. and continually vexed with false and unreasonable Charges, even those who had been most faithfull, and done very famous Services for the Common-wealth; just as our Levellers now exclaim against the Parliament, and would (if they might) rage against them about publique Accompts, as appeares by their old Agreement, and their late Petition; the consequence whereof would be, that in the end they should be Ostracised, and receive an* Oystershell, or an Olive-leaf, in recompence of all their Labours.

Thus, the most famous Captain Alcibiades, having done many Services for the Athenian Populacy, was, only for a petty misfortune (and no other Cause) in mannaging the Warre of Sicily, called home, and banished both from his Command and Country. At length, being sent for home again, he made them Victorious over their Enemies the Lacedemonians; yet notwithstanding so great merits, he was, upon another Turn of popular Air for a misfortune in Asia, sent the second time into banishment by those Levellers.

Phil. Camerar. Cout. 2. oper. Succis. cap. 51.So likewise, another famous Athenian Captain, Themistocles, received no other reward than Banishment, for all his meritorious Atchievements. And Miltiades, who erected the Grecian Trophies in Persia, and asserted the Liberties of Greece against all their Enemies, was used farre worse, being kept a Prisoner all his life, and after his death, they not only neglected to give him Buriall, but (to stretch their ingratitude yet further) condemned his Sonne Cinson to a perpetuall Imprisonment. In like manner, they used Phocion, the most deserving of all the Athenian Commanders, but with much more cruelty; for, they murther’d him with their own hands, and afterward denyed him Buriall: Whereupon, Bodinus relating the Story out of Plutarch, makes this observation; That When the Multitude begin to insult against the most deserving Men, they runne beyond all Shame and Reason.

Nor was it thus only in Greece, but we finde the same humour also among the Roman Levellers, whereof that illustrious Family of the Scipio’s was a sad Example. For, Scipio Major, he that Edition: current; Page: [7-050a] for his Famous exploits against Carthage, was Sirnamed Africanus, having rescued Rome from the Brink of Destruction, and freed her from the fear of that pernicious Rivall, was, at his return home, so afflicted and vexed with injurious Calumnies of the unthankfull Rabble, that for quietnesse sake he spent his dayes in a voluntary exile, and at his death, commanded such an* Epitaph to be fixed upon his Monument, as might testifie to After-times the great ingratitude of his People. They accused his Brother also, Sirnamed Asiaticus, of defrauding the Common-wealth, and kept him a Prisoner. In the same manner, they calumniated likewise the most meritorious Scipio Nasica; so that to decline the popular Fury, he departed with the good will and consent of the Senate, as employed by them upon an Embassy to Pergamus, from whence he never returned. By this it appears then, that all generous Spirits are concerned in reason, to abhor the Levelling way of Government.

Ninthly,a Aristole saith, where this Levelling popular Form is erected, there is a necessity that all persons who are become eminent or potent, either by fortune, or vertue, should receive many high and heinous Injuries from the Vulgar. And Tacitus gives the reason why it was thus in the Roman State; because (saith he) the Common Rabble have a kind of inveterate hereditary hatred against the more noble, and worthy persons, especially such as are Councellours of State; as appears by their frequent calumniating the Senators, punishing them sometimes with Banishment, as they did Furius, and many others, and often with unreasonable Fines, as they didb C. Dempronius, Q. Pomponius, and Virginius, &c. And all this,Tacit. for the most part without any cause, but meerly to exercise their Spleen, which takes the same course of enmity likewise against all that are Wealthy, be they High or Low. For, it is reckoned† inter Arcana, a prime mystery of Popular Government, to use all private tricks and ways of Milking and Gelding the Purses of the Rich. Nor is that alone sufficient, but they fly out ever and anon into violence, and from Plundering they proceed to that flat Levelling of Estates, as is evident by those Licinian and Agrarian Lawes made by the Populacy of Rome, whereby it was provided, that no man should grow too Rich, nor be Master of above fifty Acres of Land. And touching this, there is an insolent Edition: current; Page: [7-050b] Passage recorded by Livy, how that when the Senate seemed unwilling to permit the Division of certain Lands among the common sort, the Tribunes, or Ringleaders of the People, asked the Senators,† how they durst possesse more than fifty Acres apeece, yet find fault with a division made of two apeece to the People! And the same Author tells us, so many Quarrels and Tumults arose about division of Lands, that the Senat knew not which way to prevent them, till they disburdened the Common-wealth, by sending forth Colonies, and satisfying them with Lands, in the remote Parts of Italy, and other Places.

Lastly, from Levelling they proceed to introduce an absolute Community. And though neither the Athenian nor Roman Levellers, ever arived to this high pitch of madnesse; yet we see there is a new Faction started up out of ours, known by the name of Diggers; who, upon this ground, That God is our common-Father, the earth our Common-Mother, and that the Originall of Propriety was mens pride and Covetousnesse, have framed a new plea for a Returne of all men ad Tuguria, that like the old Parthians, Scythian Nomades, and other wild Barbarians, we might renounce Townes and Cities, live at Rovers, and enjoy all in common.

Now for a conclusion, all these Considerations being put together, you may easily spell what Leveller is, what the meaning is of those Zealous Pretenders to Liberty and Freedome, and what their Pretence may come to, it being the ready Road to all licentiousnesse, mischief, mere Anarchy and Confusion; which whosoever followes, may stay long enough, ere he see the performance of those glorious promises, set forth in their late Petition, wherein the People are made to believe fine things; but I leave them to judge, whether this be the way, [to sit down securely under their owne Vines, under the glorious administration of Justice and Righteousnesse.]

Odi profanum vulgus, & arces.

Horat.

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Chap. V.: A discourse of the excellency of a Free-State, above a Kingly Government.

HAving in the former Chapters Stated the Designes, and given an Accompt of those grand Inconveniences, which of necessity will ensue a Successe of the opposite Parties, this next discourse must needs be very pertinent, by way of conclusion, to manifest the excellency of the present Government, which They all endeavour to destroy. And though there needed no other Argument to prove it, and recommend it to the world, than this; That it is the onely Bank, which preserves us from the Inundations of* Tyranny on the one side, and Confusion on the other; yet it wants not (of it selfe) those many Advantages, above all other Forms, which render it most convenient to promote the Peace, wealth, and honour of the English Nation.

Yet it is a wonder to see, how lightly men prize this invaluable Jewell of Liberty, which hath cost the Common-wealth so much Blood and Treasure, trampling the precious Pearl under their Feet, like Swine; so that the Parliament meet now with as many difficulties to preserve, as ever they had to purchase it. But for this, there are two speciall Reasons, which may be collected out of the† Florentine’s subtile discourses upon Livy; who compares such as have been educated under a Monarchy or Tyranny, to those Beasts which have been caged or coop’t up all their lives in a Den, where they seem to live in as much pleasure, as other Beasts that are abroad; and if they be let loose, yet they will returne in againe, because they know not how to value or use their Liberty: So strong an Impression is made likewise, by education and Custome from the Cradle, even upon men that are endued with reasonable Souls, that they chuse to live in those Places and Customes of government, under which they have been bred, rather than submit to better, which might make more for their Content and Advantage. Hence it is, that those poore Slaves under the Turk, Persian, Tartar, Muscovite, Russian, French, and Spaniard, with other Eastern, Northern, and Western Tyrants, are so enamored of their Chains, that Edition: current; Page: [7-051b] they admire their owne condition above all others, and (like the Indians) adore the Devill which torments them, because they are ignorant of a better Deity to protect Them.

But besides education and custome under another Forme, there is second Reason why men are so degenerous in Spirit, as to vassalize Themselves, and neglect the maintenance of their Liberty; and that is, a generall Corruption and Depravation of manners, by luxurious Courses, when a Nation is even swallowed up with Riot and Luxury; so that being Slaves to their owne Lusts, they become the more easily inslaved unto the Lusts of another. The Truth of this may be observed in the variation of the Roman State; which in its primitive innocence, was so sensible of Liberty, that when Brutus and Colatinus had once expell’d the Tarquins, the People almost readily joyned with Them as one man, in defence of their Freedom; yea,Florus. they were so zealous of it for a long time, that no Relations or Considerations whatsoever of former merits, could availe with them to spare those that attempted ought against it: For, when the Sons of Brutus were found guilty of a conspiracy, to bring back the Tarquinian Family, They condemned them to death, and their owne Father was as forward as any, to bring them to Execution: So the famous Manlius likewise, to whom Rome owed both her selfe and Liberty, being by him preserved against the Galls, in the greatest extremity, was notwithstanding, upon a discovery of his after-Intent to surprize their Liberty, thrown headlong down the Tarpeian Rock, within view of the Capitoll which he had so nobly defended. By which Actions you may perceive, that when Rome was in its pure estate, vertue begat a desire of Liberty, and this desire begat in them an extraordinary Courage and Resolution to defend it; which three walked a long time hand in hand together, and were the Causes, that the first Founders of their Freedome had so little difficulty, in mainteining themselves, against those Invasions which hapned afterward, by the Tarquins and their Royall Confederates. But in processe of Time, when the Romans had lost that ancient vertue, which purchased their Liberty, and an Empire over the world; being softned in their manners, and conquer’d by their vices whose Dominions they had conquered, they soone bowed under the Edition: current; Page: [7-052a] yoke of Imperiall Tyranny; And though there appeared afterward some sparks of ancient courage and love of liberty among Them, when They took off Cæsar himselfe, Caligula, Nero, and in the end rid Themselves quite of that Tyrannicall Stock of the Cæsars; yet (I say) because those Sparks were kindled only in a few of the more noble Soules, and the generality corrupt and degenerate from their old vertue, therefore such heroick minds as endeavored, could by no means engage Them to assert their Liberty.

It is observable also in all times, the Northern and more manly People, that have no Acquaintance with luxurious Diets and Apparrell, nor care much to obtain Them, nor to taste of those melting Enchantments of more wanton Nations, are endued with a greater courage and Sence of Liberty; whereas those People that inhabit the delicate parts of the world (as in Asia, and other Countries, where civility hath degenerated into effeminacy) They ever have lived, and doe (for the most part) continue in miserable Slavery, at the will of imperious Tyrants: And if at any time there have happen’d worthy Resolutions in vertuous Spirits, to recover their Freedom, They have (for the most part) failed in the Enterprise, by reason of the Corruption of their Party, which causeth men at length to decline the common Cause, through pusillanimity, Faction, Treachery, or Apostacie; being more superstitiously inclinable to adore the greatnesse of a Tyrant,Mach. l. 1. c. 17. de Repub. than really affectionate to the worth of Liberty. For this Cause it was, that in elder time, the People of Naples, Milain and Florence, lost their Freedoms, as soon as they had gotten it; and of late also the Neapolitans failed in their Attempt, being a soft effeminate people, easily bribed and courted out of their Designe, with Spanish Gold and Complement; whereas the Swisses, Hollanders, and divers other hardy People, stuck close to their Leaders, and by their constancy, Industry, and Zeal of Liberty, accomplished the work.

By which parcell of discourse we may collect, whence it is, that our present Governers meet with so many difficulties and oppositions from their owne Country-men here in England, viz: by reason of our former education under a Monarchy, with the generall debaucheries of all sorts of People, which render them Edition: current; Page: [7-052b] Admirers of the Pomp of Tyranny, and Enemies to that Freedom which hath been so dearly purchased. They are Lovers of Vanity more than of Themselves or their Country, humorous, and led with an admiration of old Customs to their owne hazard, rather than they will steer a new and reasonable Course of farre more Convenience and Commodity; so that if the Common-wealth had not a Party of its owne throughout the Nation, men of valor and vertue, free from those Corruptions of Excesse and Riot, and sensible of Liberty, it were then in reason to be expected, they could not long maintain their Station: But being supported by Counsellers, grave, serious, abstemious and vigilant, and by a Soldiery, whose valiant Commanders are severe and strict in Discipline, both Morall and Military, when I consider this, with the many other Advantages which their Enemies have not, their Foundation seems to me impregnable, and prompts me to this Omen; That being every way qualified like† those Roman Spirits of old, they will be Courted and confirm’d by the Roman Fortune.

For shame or fear then (if not for love) let men forbear an opposition, and consider what an honor it is to be in the List of that Party, which have ennobled Themselves by their owne vertue and the love of Liberty; For, as Cato saith in Plutarch, even the greatest Kings or Tyrants are much inferior to those that are eminent in Free-States and Common-weales; nor were those mighty Monarchs of old worthy to be compared with Epaminondas, Pericles, Themistocles, Marcus Curius, Amilcar, Barca &c. and other excellent Captains in Free-States, which purchased Themselves a Fame in defence of their Liberties. And though now the very name of Liberty is grown odious or ridiculous among us, it having been a Stranger a long time in these Parts; yet in antient time, Nations were wont to reckon themselves so much the more noble, if they were free from the yoke of regall Tyranny; which was the cause why there were then so many Free-States in all parts of the world. In our Country here, before the time that Cæsar’s Tyranny tooke place, there was no such thing as Monarchy: For, the same Cæsar tells us, how the Britains were divided into so many severall States;Cæsar. Cõment. lib. 5. relates how Cassevessanus was, by the Common Councell of the Nation, Edition: current; Page: [7-053a] elected in this their publique danger, to have the principall administration of the State, with the businesse of Warre: and afterward, how the severall Cities sent their Hostages unto him. Whereby we perceive it was of old no Monarchy, but like to the Gaules, with whom it was then one also in Religion, divided into provinciall Regiments;* without any entire rule or Combination; onely in case of common perill, by Invasion, &c. they were wont to chuse a Commander in Chief, much like the Dictator chosen by the Romans upon the like occasion. And now we see all the Westerne World (lately discovered) to bee, and generally all other Countries are, in puris naturalibus, in their first and most innocent condition, setled in the same Form, before they come to be inslaved, either by so predominant power from abroad, or some one among Themselves more potent and ambitious than his Neighbors. And such was the State heretofore, not onely of our Nation, but of Gaule, Spaine, Germany, and all the West parts of Europe, before the Romans did by strength and cunning unlock their Liberties. And such as were then termed Kings, were but as their Generalls in War, without any other great Jurisdiction.

Mach. lib. 1. Cap. 1.If we reflect likewise upon the ancient State of Italy, we find no other Forms of Government but those of Free-states and Common-weals; as the Tuscans, Romans, Samnits, and many others; nor is there any mention made of Kings in Italy besides those of the Romans, and Porsenna. Concerning the ruine of whose Family, though Histories are silent; yet we read, that Tuscany (whereof Porsenna was King) became afterwards a Free-state, and continued so Zealous of Liberty ever after, and such haters of Monarchy; that they denyed the Veians their assistance against the Romans, for no other reason, but because those Veians had made choice of a King to protect them in their necessity; saying, that they scorned to joyn with those men who had subjected themselves to the Government of a single Person.

Nor is it onely a mere gallantry of Spirit which incites men to the love of Freedome; but experience tells us it is the most commodious and profitable way of Government, conducing to the enlargement of a Nation every way in Wealth and Edition: current; Page: [7-053b] Dominion.* It is incredible to be told (saith Salust.) how exceedingly the Roman Common-wealth increased in a short time, after they had obtained their Liberty. And Guicciardin affirmes, that† Free States are most pleasing to God; because that in them more regard is had to the cõmon good, more care for impartiall distribution of Justice to every Man, and the minds of Men are more inflamed with the love of Glory and Vertue, and become much more zealous in the Love of Religion, than in any other Form of Government whatsoever. It is wonderfull to consider how mightily the Athenians were augmented both in Wealth and Power, in the space of one hundred years, after they had freed themselves from the Tyranny of Pisistratus; but the Romans arrived to such a height as was beyond all imagination, after the expulsion of their Kings. Nor doe these things happen without speciall reason, forasmuch as it is usuall in Free States to be more tender of the Publique, in all their Decrees, than of Particulars, whereas the case is otherwise in a Monarchy; because in this Forme the Princes pleasure usually weighs down all Considerations of the Common Good. And hence it is, that a Nation hath no sooner lost its Liberty, and stoop’t under the yoke of an Usurper, but it immediately loseth its former Lustre; the Body fills with ill humours, and may swell in Title, but cannot thrive either in Dominion or Riches, according to that proportion which it formerly enjoyed; because all new Acquisitions are appropriated as the Princes Peculiar, and in no wise conduce to the ease and benefit of the Publique.

It is observable likewise in the course of Hereditary Monarchies; that though a Nation may have some respit and recruit now and then, by the Vertue and Valour of a Prince, yet this is very rare; and when it doth happen, it usually lasts no longer than his life, because his Successor (for the most part) proves more Weak, or Vicious, than himself was Vertuous. For, as Dantes the Italian Poet saith,

Non sicut in ramos ex imo Stipite succus

Instuit, in liberos sic orta parentibus ipsis.

Descendit virtus.————

Vertue is not transmitted from Father to Sonne, as the Sap of a Tree is from the Root to the Branches. Vertue is lost in the Edition: current; Page: [7-054a] descent,Lib. de Repub. 2. cap. 11. and comes not by Traduction: Therefore (Machiavel saith) not he that placeth a vertuous Government in his own Hands or Family, and Governs well during his naturall life; but he that establisheth a lasting Form for the Peoples constant Security, is most to be commended. It is recorded in* History, that the Hereditary course of Government was so odious to the Hungarians, that when Ferdinand the first, King of the Romans, laid claim to that Crown, as Heir in his Wives Right, They chose rather to make a League with the Turk, than subject their State to the Inconveniences of an Hereditary Succession.

Regibus est aliie, potiundi jure paterno

Certa fides, sceptrumq́, patris novus accipit hæres.Gunt. lib. 1.

Nos, quibus est melior libertas, jure vetusto,

Orba sue queties vacat inclyta principe Sedes,

Quedlibet arbitrium statuendi Regis habemus.

The German Poet Ganther (who reduced much of Policy into Poetry) in these Verses commends the fashion of his own Country, that since they had accepted the Regall or Imperiall Form of Government, they were accustomed to trust their own Judgments in making choice of their Emperour, rather than receive him blindly from the hand of Chance of Fortune: Nor doe I find any that think a Monarchy tolerable otherwise than upon Terms of Election, except it be Lipsius, and such partiall Pen-men as Himself, who were held in pension or relation by Hereditary Tyrants. For, besides that common Reason disswades men from taking Governers at Adventure, without respect of wisdom or vertue; so if we take a view of the miserable events of it in all Histories, it must needs deterre men from the love of such a Succession: And therefore the Argument usually brought in defence of it, that it is the only way to prevent the Inconveniences of an Interregnum where the Heire is uncertain, is of no validity; since it hath caused ten thousand times more bloody Disputes between Pretenders in point of Title, than ever happened in those Inter-regnall Controversies, which have risen betwixt Competitors by way of Election; witness the tedious fatall Bickerings which happened in France and other Nations among Princes of the Blood, and here in England, between the two Houses of Yorke and Lancaster. It is observed also, out of the antient Roman History, Edition: current; Page: [7-054b] that all those Emperors which ruled by right of Inheritance,Mach. de Repub. cap. x. proved most of them no better than savage Beasts, and all of Them wicked, except Titus; but such as were advanced by Election approved Themselves noble and vertuous, as you may see in those five that Succeeded Nerva to Marcus: And no sooner did the Empire return again into a Course of Inheritance, but it run to a losse, and at length to the ruine of its glory and greatnesse.

But, to wave this digression touching Hereditary and elective Monarchies, I affirm, that neither of Them are to be compared with a Free-State, nor to be admitted, unlesse it be the latter by way of Election; and then only in case of extreme necessity, as the Roman Common-wealth was wont now and then to create their temporary Dictators,Dictator was a King pro Tempore. into whose single Hands they transmitted the whole Power of ordering Affairs, in time of urgent and imminent danger, to avoid the Inconvenience of delay which might be occasioned through the variety of Opinions, and multiplicity of Counsels: Howsoever elective Kings are found fault with, because They usually practise such Sleights, that in a short time, the Government which They received for their own Lives, becomes entailed upon their Families.

It is to be considered also,Claud. 6. Consol. Honor. That the Kingly are not much lesse destructive, than the Levelling popular Tyrannies to gallant and worthy men.

————Sort ista Tyrannis

Convenit; invideant clairs, fortesque trucident.

Nor is it the worse Sort of Kings or Tyrants only, that hate brave and deserving Persons; but even the most moderate, and those that seem to be the best conditioned become jealous and distastfull; supposing the Fame and gallantry of their Subjects, detracts from their owne estimation: And therefore They usually consult which way to dishonor or destroy Them; by which means men are terrified from the Love of glory and vertue.* Demosthenes tells us, Philip the Macedonian was so full of vain-glory, that he would arrogate the worthy Deeds of his Friends, and other men, to himself, and make them seem to be his owne: And he ever hated those Commanders and Governers which were victorious and successfull, more than such as were either carelesse or unfortunate. Edition: current; Page: [7-055a] His Son Alexander was of the same humor too: For, when† Antipater had gained a victory, which he intended himself to have had the honor of he could not forbear to utter his Indignation, reckoning himself injured by the merits of his Subject and Servant. And at another time, he caused Parmenio to be put to death, for no other cause, but because he hated him, being suspitious of his extraordinary merits. Thus the Emperour Vespasian likewise behaved himself toward the Generall Antonius, by whose means Rome was secured for him against Vitellius, and the Imperiall Diadem plated on his stead; which was no sooner done, but Vespasian, in stead of a Reward, casheered him of his Command, and all other Imployment whatsoever; so that sinking under the Burthen of his owne despair; and the others Ingratitude, he lived not long after. In like manner, Alphonsus Albuquerquius, after he had brought most part of the East Indies under the obedience of his Master the King of Portugall, was sent for home; and outed of his Command, died for meer griefe and sorrow. Nor did Consaluus the great or Ferdinando Cortese, fare any better for all their Services:* Consaluus, after he had driven the French out of the Kingdom of Naples, and subdued it to Ferdinand of Arragon, was by him, at his coming to Naples put out of his Command, and carried into Spaine in little better condition than a Prisoner, where his heart broke for griefe immediatly. How miserable then is the condition of the most generous Spirits under Tyrannous Royalty,Destrui per hæc fortunens suam Cæsar, imparemq; rento merito rebatur. Nam beneficia usq; cô læta sunt, dum videaeur posse exelui: tibi muliton [Editor: illegible word] pro [Editor: illegible word] [Editor: illegible word] [Editor: illegible word] Tacit. Annal. 4. wherein Princes count themselves dis-obliged by the bravest Actions of their Subjects! And Tacitus tells of one of the Cæsars upon the like occasion, that he conceived it prejudiciall to his owne honor and Fortune, and supposed himselfe insufficient to recompence extraordinary merits. For, good Turns seem then only acceptable to Princes, when they may be ensily requited; otherwise, they return Hatred in stead of Thanks. Cominæus also reports it from Lewis of France his owne mouth; That he much more loved those whom himself had obliged by bounty and courtesie, than such as had obliged him by their deserts.

Yea, so dangerous a Thing is Vertue in Princes Courts, that is is as much as a man’s life is worth to be commended for it. And to this purpose we have a story in Polybius lib. 6. how that one Apesles being Enemy to Aratus, a Favorite of King Philip the Edition: current; Page: [7-055b] Macedonian, tooke occasion to extoll him most highly to the King, as a Person admired by all for his many rare and incomparable Vertues;Ταῦτ᾿ [Editor: illegible letter]ιν, ἅ Κεράλων, [Editor: illegible letter]ίχί[Editor: illegible letter]α τῆς τυ[Editor: illegible letter]αννιϰῆς φιλίας. knowing this was the way to bring him out of the King’s Favor; which was (saith one) a new way of Revenge, and it tooke effect to the destruction of Aratus: For, after a while, be became so much disrelished, that the King gave him a Dose in convenient Season, which rid him away by a lingring Sicknesse. And Aratus so well understood how the Case was with him, that when his Friend Cephalon came to visit him in his Chamber, and asked how it came to passe that he spit Blood? O Cephalon (said he) these are the rewards of Kingly Friendship and Acquaintance. Our owne Histories, and our Neighbours of France, might furnish us with Instances enough of the same nature; but at home here looke no further than Harry the 8th, and we find him ever and anon be-dabled with the Blood of the most deserving Persons,Plutarch. in Atato. as well as most of his Predecessors. What persecution hath hapned since, is notorious to all of the meanest Reading and observation; so that seeing it appears there is as little Security for the bravest Spirits, in a Regall, as in a popular Tyranny, certainly, all Persons of generous Thoughts and Resolutions are much more concerned to dislike it, and apply Themselves to the love of a Free-State; it being concluded by Aristotle the best of Governments, and is by experience known to be most conducing to the Advancement of a Nation every way in Honor, Profit, and Dominion; having ever produced many more excellent Heroes, than any other Form, upon the Stage of Action; as is evident in the Grecian, Roman, and modern Stories.

But one great Argument of exception (I perceive among some) against this Government is; because men are permitted the Freedom of their Soules and Consciences in the profession of Religion. This they conceive inconsistent with the publique Peace; that no State can be of continuance with such a Toleration; and that it is agreeable to the Word of God. To the latter part of this Assertion, I answer; That prudent Toleration of opinions in matter of Religion could never be proved yet, by any of our Episcoparians and Presbyterians, in all their Writings, to be repugnant to the Word; being as farre to Edition: current; Page: [7-056a] seek this way, as they are to convince us of the sacred necessity of a Nationall Unifortunity. Severall Instances there are to shew, how this Common-wealth hath punished those wild Pretenders, that professe manifest Libertinism and Blasphemy; many of whom at this day are in Custody: And as long as these Ill Weeds are rooted out of the Garden of the Church, the wholesome tender Plants will thrive in Beauty and Vertue, under their severall measures, and dispensations.

And that variety of Opinions can be no way destructive of Publique Peace (as is pretended) is evident by the Customs of other Nations, both Heathen and Christian. The * Egyptians have now among them no lesse than four severall Sects, differing in Doctrine and Discipline, and all derived from the Superstition of Mahomet. Yet their great Pontifes and Priests, live in amity together, void of hatred and strife; and the common People also behave themselves accordingly, without brauling or enmity. And it is usuall for the more learned sort of Them, to Dispute with each other, and defend the Opinions of their Party; which they are allowed to doe with all Liberty, so long as they flie not out into language against any of the four Doctors, who were the first Patrons of those Opinions. Wherein if any chance to Offend, they are punished by Fine and Imprisonment.

Lips. lib. adversús Dialo. gist.Lipsius tells us, that in the Isle of Japan, there are no lesse than nine Religions, every man being at liberty to professe which he please: So that in the same House you might see the Husband of one Religion, the Wife of another, the Son of a third; and yet no heart-burning nor difference among them, to the disturbance of the Family. The Turk (we see) also allowes an equall Liberty to Christans and Jewes, yet his Empire hath long continued firme and peaceable, notwithstanding the variety of Opinions tolerated among those of his own Sect, and others. The case is the same likewise in severall Christian dominions; as Poland, Transyluania, Hungary, and even in the Protestant Dominions in Germany. Yet the experiment is brought nearer home to us by our Neighbours the States of Holland, who by a prudent toleration of severall Professions, have established themselves in Edition: current; Page: [7-056b] such a measure of Peace, Plenty, and Liberty, as is not to be equalled by any of the Nations round about Them. And the Reasons why those Nations continue in Peace, notwithstanding their difference in Religious Opinions, are confessed by the same Lipsius (a great Roman Catholick) to be these: First, because the Prince, and he that is the High Priest, among them, carry themselves with the same Aspect upon all, giving no Countenance to one more than another. Secondly, because they severely punish such as offer to disturb their Neighbours about any matter relating to Religion. Thirdly, because they suffer not that Religion to be evill spoken of, which is publiquely professed by the Prince or State: whereby it is implyed, that a Toleration of different opinions in Religion, can be no prejudice to the Peace of a Nation, so long as these Rules are observed; but rather a grand Preservative of publique Quiet; whereas persecutions for matter of Religion have ever been all the world over the great Incentives of Sedition. And since it is of unavoidable necessity, that (while the world stands) there will be divisions of Opinion, certainly such a Course must needs be most rationall, which shall provide wayes of remedy against such Inconveniences as may follow them, rather than Inventions of Torture and Torment to thwart and stifle Them; because the understandings of men can can no more be compelled than their Wills, to approve what they like not. So that from hence it appeares plainly, the great Pretenders of Nationall Uniformity in Religion, those high imperious Uniformity-mongers, that would have men take measure of all Opinions by their own, are the greatest disturbers of States and Kingdomes; and seeme of the same humour with the Tyrant Mezentius, who, if his Guests were too long for his Bed, cut them shorter, and if they hapned to be too short, he had Engines of Torture to stretch them longer; being resolved to fit them all to his own measure and humour.

Severall other Objections there are against this new Government, in the mouthes of many People; but they are founded upon outward Sence, more than inward Reason; they raise Arguments Edition: current; Page: [7-057a] from those Things which are the effects of present necessity, and not of the nature of the Government it self; whereas if men would unanimously joyne in an establishment, no such necessity would be: But as now, so alwayes all alterations of Government (though for the better) have been declaimed against by the more ignorant sort of People, supposing those Burthens will remain for ever, which Governours are constrained to lay upon Them for present subsistence and security: yet hath been ever observed likewise, that the more willing and forward People have been to settle in Peace under a new Government, the sooner they have been eased of all their Grievances and Pressures; according to that saying of *Curtius, Obsequie mitigantur Imperia. And therefore in this case, †Cicero adviseth all men that would be safe, to submit unto necessity.

Whence is it that Taxes continue, but from absolute necessity? and this necessity is much augmented by the peevish humours of People; who remaining unsetled, give cause of Jealousie to the State, and of hope to their Enemies; so that they are forced to keep up an Army for security. When things stand thus, aTacitus affirmes, there can be neither Peace nor Security without Armies, nor Armies Without Pay, nor Pay Without Taxes. And therefore (saith he) they aime at a destruction of the Government, that would take away those Profits whereby the Common-Wealth is supported; From whence (by the way) may be collected, what the meaning of our Levellers is, in demanding a present Release of all Taxes and Payments. And whereas great Complaint is made against the Imprisoning men in unusuall wayes, and trying them by extraordinary Courts and Commissions of Justice, know that of Tacitus takes place ever upon extraordinary occasions. b Magna exempla semper habent aliquid ex iniquo, quod tamen adversus singulos utilitate publicâ rependitur. Great examples are not tyed strictly to the Rule; and though some particulars suffer by swerving from it; yet recompence is made in that Profit, which redounds to the good and safety of the Publique: For, it cannot in Reason be presumed, that such ordinary Proceeedings Edition: current; Page: [7-057b] as are used in Times of Peace, can be sufficient to secure a Common-wealth, during the necessities of Warre, at which time *Lawes use to be silent, and those Courses are judged most and equitable, and have ever been allowed so by all States and States-men, which are dictated by common reason and prudence, for their necessary preservation.Æneid. 1. To this accords that of Queen Dido in Virgil.

Res dura, & Regui novitas, me talia cogunt

moliri.————

And that of Hercules in the Tragedian;Seneca.

Quod civibus tenere te invitis scias,

Strictus tuetur Ensis.————

Therefore if men will not submit and settle, but keep the State by their obstinacie, under the Necessities of warre, They must (if they plot, or attempt any thing against them) expect such proceedings and Consequences as attend the Sword when it is drawn: But would they close cordially in Affection, and he resolved once to settle, in opposition to all Invaders and Intruders, and let the Common-wealth have leave to take breath a little, in the possession of a firme peace, then they would soone find the Rivulets of a Free-State, much more pleasing than the troubled Ocean of Kingly Tyranny; begetting Fertility and verdure (as they run along) in all the Medows, and reviving those Pastures, which Royalty was wont to drown and Swallow. Had they but once tasted the sweets of Peace and Liberty both together, They would soone be of the opinion of * Herodotus and Demosthenes, that there is no difference between King and Tyrant, and become as Zealous as the ancient Romans were, in defence of their Freedom. And though this discourse may sound like that concerning the Joyes of Heaven in the ears of ordinary People, as of Blessings afarre off; yet since it is in your Power to hasten them, why stand ye off, and delay? yee may (if you please) by an unanimous obedience, quickly open the Fountains of future happinesse, that Justice may run downe as a mighty streame, Edition: current; Page: [7-058a] in the Channel of the Lawes, and righteousnesse and Peace imbrace each other.

Seneca in Herc. Fur.

Si aterna semper Odia mortales gerant,

Nec cœptus unquam cedat ex animis furer,

Sed Arma falix teneat, infalix paret;

Nihil relinquent bella. Tum vastis ager

Squallebit Arvis, subdita tectis face

Altus sepultas obrust gentes cinis.

Pacem reduci velle, Victori expedit,

Victo necesse est.————

FINIS.

Edition: current; Page: [7-058b] Edition: current; Page: [7-059]

31 August, 1650

4.

7.4 Anon., The Humble Petition of divers well-affected People (31 August, 1650).

Editor’s Introduction

(Placeholder: Text will be added later.)

To the Honourable, the Commons assembled in Parliament.

The Humble Petition of divers well-affected People inhabiting in the Cities of London and Westminster, the Borough of Southwark, Hamblets, and places adjacent. Promoters and approvers of the Petition of the 11. of September, 1648.

SHEWETH,

THat if it be altogether uncomfortable to say unto the naked and destitute of daily food, be you warmed and filled, when nothing is given needful for the body, how extreamly grievous would it be to say unto such, ye are warmed, ye are filled, when their cold and hunger is increased; but nothing ministred for sustentation.

And yet except we should stifle our Consciences, betray the truth, and by a sinful silence, even break our hearts; we cannot but attest and bear witnes, that, of this sad and woful nature is our misery.

For how uncomfortable, yea, what torment of spirit, must it necessirily be to a people that have done and suffered so much and so many several kinds of afflictions, for recovery of our Native Liberties, and for redress of grievances, not only to be frustrated in all our hopes, and to be deprived of them by those who can and ought in Conscience to restore the one, and to redress the other, (being oblieged thereunto by all possible tyes both to God and Man,) but to be born down continually, by private and publick discourses, (yea, and to have it dangerous for any to deny) that we are a free people, that we have injoyed the first, and that this is the second year of Englands Liberty, when God he knoweth, we find and feel the contrary: our just fundamental Liberties, being never more invaded and restrained, our burthens never more grievous, and which maketh them ten fold more grievous: our very groans, sighes and complaints (of late) meet with no relief, but are attended with threats, bonds, imprisonments, yea death it self; a condition sufficient to distract us, but that God, we trust, supports us for better things, in dread of whose awful and glorious name, we dare neither by speech nor silence call good evil, nor evil good; we dare not say, our Liberties are restored, or our grievances as yet redressed.

And although there are a sort of men, formerly full of complaints, for want of those Liberties, and frequent in Petitions for them, whose mouthes being since stop’t with Offices and imployment of gain, Honour, or domination, or by relations to such as have them, that are not only silent themselves, as to any complaint now, but make it their works to suppress and silence all others, and to boast of the happiness and freedom of these sad times; yet the woful lamentations of well minded people, throughout the Land, bear witness against them; and the things themselves bear witness against them, and against all such unchristian delusions: We judge our selves bound in Conscience, to bear our witness perpetually, though 10000. High Courts of Justice (those new English Monsters;) were set up to terriefie or devoure us, chusing rather to suffer for a cause so evidently righteous, then to enjoy the pleasures of corruption, for a season; and it will be good that all such mockers, remember that it will be bitterness in the latter end.

And that it may not be said unto us, as it was to the over-grieved Israelites, ye are idle, ye are idle, or that we intend to asperse or scandalize Authority, (a hard measure we frequently meet withall.) In the bowels of Christ Jesus we beseech you, bear with us in comparing times with times, and the things of the former times of bondage, with the present; so much cryed up, for Liberty and Freedom.

And surely it will be found, and cannot be denyed, that if it were a breach of known liberty, and a sore grievance that any Laws should be made, or Customs brought in, contrary to our Native Liberties contained in Magna Charta: such being null and void in themselves, and not to be obeyed, though made in full Parliament: (as appeareth in the case of Empson and Dudley) how exceeding grievous must the late Act declaring what shall be treason, that for unlicensed Printing, and that for erecting the High Court of Justice, &c. appear in these times; was imprisonment for debt, confest by all to be an incroachment upon our just Right? and is it not lamentable, it should be continued to the ruine of the poorer, and to the sheltering of the richer sort of debters, as it is known to be? was it grievous, that all men were made liable to be attached by Pursevants, to be adjudged, fined, imprisoned, by the Councel-board High Commission and Star-Chamber, without being tryed by Juries, to be examined against themselves, and imprisoned in illegal Prisons, and remote Castles, and there to be most barbarously abused? And doth not the same dealing from a continued Parliament, a Councel of State and Committees, executed by Messengers, and Souldiers too, violently hauling and terrifying people, prove much more grievous? If Tythes were then a burthen to the industrious and conscientious, is it not much heavier now, being exacted upon treble damages? If Customs then were accounted an unreasonable burthen, distructive to traffique and navigation, can they be less, being required with more strictness and severity? If Patents and Projects, and Ship-money, were intolerable burthens and grievances: how much more burthensome and destructive to Trade, is the Excise and the perplexities thereon depending to all Trades-men, and consequently to all industrious people? If the great number of Officers belonging to the High Commission Star-Chamber Councel-board, to Pattentees, Projectors, Bishops, Courts, and the like, bred and fostered an interest against the common freedom of the People, to their excessive charge and trouble: all such being arguers for arbitrary power, and maintained by the sweat of other mens browes, is it not so and much more, by those many imployed about Customs, Excise, and in Committees: in so much, as men can hardly say any thing, or discourse together, for fear of being insnared in their words by some of them? If it were then deemed most injurious, to make it dangerous to mention a Parliament: is it not most lamentable, that it should be now as dangerous to move for a new Parliament, after so long continuance, and so many grievances unremoved? If Conscience then were oppressed by Oaths of Allegiance and supremacy is not the enforcement of the Engagement upon penalty of being out-law’d, a greater grievance? If Conscience in divine worship were free only to some, is not its freedom restrained now? or should we for that one part of our just freedom, sell all the rest of our Birth-right, (God forbid) and the liberty of Printing more restrained, (except to books maintaining the most tyranous principles as the Book entituled, The Case of the Common-wealth of England stated, and the like, which to the shame of these times were freely licenced. If those times were judged of cruelty, in censuring men to be whipt, gag’d, and pillor’d, for small or verbal things; how can that time escape that makes the like verbal things Capital, as is evident in many Acts of this Parliament? If it were deemed of dangerous consequence, that almost all Officers & Magistrates, both civil & military, as Judges, Sheriffs, and Justices, &c. were not chosen in a free way by the People, (as by right they ought) but were chosen and imposed by the Court, thereby to incline all men and things to the bent of one particular party or Interest, rather then to the impartial good of all, is it not as prejudicial to be so now? If monopolizing of the principal Marchandizes of the Nation by Companies, were then esteemed a most pernitious evil, they remain still much after the same manner, and so also do Law-sutes, and all proceedings in Law, continue as full of tedious chargable perplexities as ever, and the numbers of Lawyers, Attorneys, Solicitors, Goalers, and their Officers, all feeding themselves fat, as the other Officers forementioned) by the spoyles of the distressed, never more countenanced, yea, 1000. pounds a peece per annum, added to the Judges above their ordinary Fees, which alone was formerly accounted a large proportion, and great preferment. If tryals by extraordinary packt Commissions of Oyer and Terminer, and Tryals by Court-Martials, (though of loose and dissolute people) were esteemed utterly destructive to the Lives & Liberties of the People, (as appeareth by the Petition of Right,) are not those kinds of Tryals more frequent now, or can any thing exceed in dangerous Tryals by HighCourts of Iustice, a Court against which no legal defence or priviledge is permitted, it being to be admired, that in times pretending liberty, there should be found persons to serve in such a Court. If these are the effects of Freedom, then are we free indeed; but if they are, we have lost our understandings. If then be considered the manifold miseries accompanying these ten years strife for liberty, as decry of Trade, excessive Taxes, Poverty and War: to supply which, a new and never before heard of grievance is added, as the loss of Servants and Children, through a liberty given them, to betake themselves to Arms, though against their Master or Parents liking, to the impoverishment of whole Families, and to the unexpressible grief of many tender-hearted Fathers and Mothers. And then if the Parliaments Declarations in behalf of Magna Charta, and the Petition of Right, with all things concerning Life, Limb, Liberty, and Estate, be duly weighed, and after them, those of the Army, manifesting a most deep sense of the long suffering of the Nation, for want thereof: would it not pierce and grieve the most hard and stony heart, that yet all things should remain in this woful condition, as is evident they now do? And that through discontents, divisions, and distractions, arising from so continued an unsettlement, and the presumption of enemies thereupon, a War should frequently be threatned within the bowels of the Land, (as more then once hath been seen) and that a more dangerous one then any yet is now already begun, and yet no regard taken for the real restoration of our liberties, or redress either of old or new grievances, (the only means of reconcilement) but in place thereof, all mouthes are stopt with the meer Title of a free Common-wealth, and of a free people, to the heightening of all discontents, and withholding from the Army the assistance of thousands of zealous cordial people, that upon the real (but not verbal) restoration to just Liberties, and the real redress of those known grievances, would readily assist them.

And therefore as you tender the preservation of Parliaments, from utter annihilation, (a thing much to be feared upon prevalence of an Enemy, which God defend) the supply and recruit of this Army, the speedy ending of this most threatning War, as you regard the end for which the people chose you, or that for which the Army reserved you; when they excluded the greater number of your own Members: as you regard you own safeties, or that which is above all the known will of God in the keeping of a good Conscience, and performance of all your promises and vowes, made in his all-seeing presence: We beg and beseech you for the tender mercies of Christ, that you will be pleased instantly to make a plenary restoration to our fundamental liberties, and really redress all the grievances forementioned; and for a clear pledge of your full purpose therein, that you will immediatly and for ever abolish the High Court of Justice, (that Serpent ready with open mouth to devoute us: and from which, none can be safe, whilst treacherous Informers can be found) and to null all things and proceedings appertaining thereunto, as a Plant, which our fore Fathers never planted, but would have ventured all they had willingly, to have rooted out any jurisdiction of so forraign a breed, so expresly opposite to all English Liberties, as is manifest by what trouble and danger they under went in all former times.

But if so be the whole work be too hard for you, or that you cannot agree therein, before the War growes to fast upon you; We beseech you then to remember the humble Petition and advice of his Excellency and Councel of Officers, the 20. of Jan. 1649. with those other Petitions to the same effect, concerning the way of settlement by an agreement of the People, and that you will be pleased to give countenance and protection to all peaceable people, in entering into such an agreement as themselves shall judge most effectual to their own safety, Freedom and well-being, and whereby they may set such express bounds and limits, to all kinds of Authorities, so restore and establish their fundamental Liberties, and so unrevocably remove their burthens, and redress their grievances, as shall not be in the power of future Authorities or persons (without certainty of punishment) to supplant the one, or to re-impose the other; and this work we trust in God, you will freely incourage, having acknowledged by your votes, the People to be the original power, from whom all just Authorities are derived, which were unavailable, if you should (which God forbid) withhold them from exercising the same, in a work wherein they are so nearly concerned: and which once effected, would render the Nation absolutely free, (not in word only) but in deed and in truth, to the exceeding joy of your humble, (but as yet grieved Petitioners, and of all well-minded people) restore it to much more unity within it self, and so, would become more formidable to all sorts of Enemies, your labours would be exceedingly abated. And in countenancing so just, so due a work, would bring great Honour to God, Peace, Freedom, and prosperity to the Common-wealth, be at rest in your own Consciences, guarded by the cordial volentary affection of the People, whilst you live here, and remain as a sweet favor to all Posterity. And thus as faithful Witnesses to the Truth, and in behalf of the Nations just Rights, we have discharged our Consciences, referring the Issue and our selves wholly to God, whom we continually worship in spirit and in truth; and before whose righteous judgement we must all one day appear: and therefore although for the Truths sake, our portion in this life should be scofs, reproaches, afflictions, poverty, imprisonment, or Death: We have chosen it, rather then at that great and terrible day of the Lord, to have our portion with the Hypocrite, or that our Consciences should then testifie against us, that we have made lyes our refuge. This is printed only for the better gathering of Subscriptions, ’tis desired you would make no other use of it.

Aug: 31 1650.

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24 September 1650

5.

7.5 Anon., The Soap-makers Complaint for the losse of their Trade (24 September 1650).

Editor’s Introduction

(Placeholder: Text will be added later.)

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To the Supreme Authority, the Parliament of the Common-wealth of England.

The humble Petition of the Sope-makers of London, whose names are hereunto subscribed.

Sheweth,

THAT one of the greatest means (under God) of the comfortable subsistence of this Island in all ages, hath been the giving encouragement to the industrious mannagers of Trade and Traffick: which by reason of those long and many continued troubles, both at home and abroad upon the Nation, and those extraordinary Imposts upon most Commodities, hath bred such consumption in the Trade of the Nation, that it hath brought thousands of Families (that formerly lived comfortably) into extraordinary wants and straits: And amongst all the Trading people of this Land, your Petitioners humbly conceive, that none whatsoever groan under a more insupportable burthen then your Petitioners do, as appears by these particulars following.

First, For that being Sope-makers, they pay Excise for all imported materials they make their Sope of; as for Pot-ashes, Oyl, and Tallow, and not onely so, But

Secondly, As if they with some few others were strangers to the Commonwealth of England, and not capable of the enjoyment of the Liberties and Freedoms thereof; A heavy and grievous burthen is laid upon their shoulders, when as it toucheth not the little fingers of the Generality of the people of this Nation: viz. That after they have with a great deal of hazard, labour, and toyl, made their materials into Sope, then they are constrained to pay 4s. 8d. Excise out of every Barrel they make; so that thereby in effect. they pay Excise for the sweat of their browes, and the labour and toil of their hands; and this is required of them, and that whether they gain or lose by their Commodity; which is a burthen so intollerable, as (if not speedily removed) will unavoydably ruine them; of which, about five years since they most grievously complained, and were thereupon largely promised ease thereof, but never enjoyed it to this day: And therefore now they are necessitated humbly to tender these following reasons for the speedy removal of it for ever.

First, Because, that although by the late wars in Poland by the Tartars, Pot-ashes (by reason of their scarcity) grew of late years to so great a price, that many in England were incouraged to make Pot-ashes, for which they neither pay Excise nor Custome; and yet by reason of the late plenty of Out-landish ashes, by means of which at London, not being able to get their accustomed price for theirs, that for two or three years by past, they have borne, they make them in holes and corners in the Country into Sope, where constantly (as partly may appear by the books of Excise at the grand Office thereof) stealing the Excise of the 4s. 8d. per Barrel, and paying originally no Custome nor Excise, either for their Pot-ashes, or their Tallow, by reason whereof (although for want of skil &c. They make base Edition: current; Page: [7-062a] and unmarchantable Soape) they are able so much to undersel your Petitioners, as that of late they are much impoverished in their trade, the chief means of their livelyhood: And therefore though it have formerly appeared unreasonable to your Honors to lay Excise upon Native Commodities; we hope it will now, much more, appear unreasonable to continue Excise upon Native and bare handy labour, and the sweat of the browes of English men, denominated in words, to be free by birth.

Secondly, Because by the aforesaid meanes the Excise of Sope is so decayed, as that the new incomb of the revenue of it is humbly conceived to add little advantage to the publick purse.

Thirdly, And principally, your Petitioners are English men by birth and breeding, and pay all other manner of taxes freely and willingly, with other people of their Neighbourhood; And several of them also have freely and resolutely with their swords in their hands adventured their lives, and all that is dear to them for the Common Liberties of the Nation, and in the eye of the Law are guilty of no manner of Acts, that renders them either in reason or Justice worthy of being punished with a punishment above the generallity of the Nation; neither can they in any sense, see any reason at all why an Excise should be set upon the sweat of their browes, when almost the whole people of the Land go free in that particular.

Therefore, forasmuch as you have altered the Government of this Nation, from a Kingdom to a Common-wealth, and stiled the last year, the first year of England’s freedom, by God grace: And forasmuch as by your primitive Declarations you declare, that the meanest Commoner of England is equally intituled by birth-right unto the common enjoyment of the Liberties of the Nation with the greatest Subject: And forasmuch as by your late Declaration in Feb. 1648. You positively declare, you are firmly resolved to maintain, preserve, and defend the fundamental Lawes of the Nation, with all things incident and belonging unto the lives, liberties, and properties of the people: Amongst all which Fundamental Laws they are sure of it) this is one of the chiefest; that no one little handful of people shall be burthened in bearing, or contributing to the common charge of the Nation in such a way, as that the Universality, are not touched at all in that kinde.

Wherefore they most humbly pray, (and the rather, for that you are now about settling new Commissioners or Governors of the Excise) that you would make them like the universallity of their brethren, the freemen of England, and totally for ever of your selves, without referring them any more to any Committees whatsoever, take off the Excise of the sweat of their browes, and the labour of their hands; (viz) the aforesaid 45. 8d. per Barrel Excise upon Sope; that so they may thereby once again look upon themselves, as Denizens, and not Aliens to England, and thereby be incouraged, without murmuring, or secret repining of heart, to venture their all, for the common preservation of the Land of their Nativity.

For which they shall ever pray, &c.

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Henry Scobell

Scobell, Henry

The Copy of the forementioned Answer thus followeth:
TO THE HONOURABLE, the Committee of Parliament for the Regulating the NEW IMPOST of EXCISE where Colonel George Thompson hath the Chair.

The humble Answer of the Soap-makers of London, whose names are hereunto subscribed in behalf of themselves and all the rest of the Subscribers of their late Petition to the Parliament.

MAy it please this Honourable Committee to vouchsafe unto us without offence the same liberty with our pens, that you have before (we humbly thank you therefore) already granted us with our tongues, viz. free liberty to speak for our selves and for the removall of our burthens.

So it is, may it please your Honours that by wofull experience we finding our Estates and Trades daily sinking by reason of a double Excise upon the things we trade in, after we have born the burthen of it for seven years together, as long as it was possible for us to stoop under it and not to have our backs broke by it; for the prevention of which, we lately presented our humble Petition to the Parliament, truly stating our case and humbly craving relief in our oppressions, the copy of which is hereunto annexed; which said Petiton was read in Parliament the 24 day of September last: upon the reading of which, they were pleased to make an Order, the Copy of which thus followeth:

Henry Scobell

Scobell, Henry

Die Martis 24 September 1650.

ORdered by the Parliament, that it be referred to the Committee of Excise, to take into consideration as well the Excise set upon the materials whereof Soap is made, as also the Excise upon Soap it self, and what is fit to be done in both or either, and report their opinions therein to the House.

Henry Scobell Cler. Parl.

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By which Order the state of our business is referred to the consideration of this Honourable Committee; upon whom tending the third of this present October, which time you were pleased to afford unto us liberty to open unto you the equity and justice of our Petition, and more fully to state unto you our grievances, as also to answer severall of your Objections, arising from the losse that would upon the removal thereof accrue unto the State in its Revenue; and upon the whole you were then pleased to make an Order that the Commissioners of the Excise should be authorised to send up unto your Honours an accompt what Excise hath been made of Soap, and the materials it is made of every year since the first imposition of Excise upon it, and that we should tend upon your Honors the tenth day of this present October to hear your further result upon our businesse, which we did accordingly; and then instead of receiving satisfaction for the removall of the grievances complained of in our Petition, you were pleased to shew and read unto us certain Propositions made unto you by persons whose names certainly we cannot learn, though we earnestly entreated the knowledge of them from you, and from whom we desire no other favour, but that they will with us appear face to face before you, where we doubt not but by word of mouth to make those propositions (when they have said for them what they can) to appear unto your judgments to be as irrational unjust, and as inconsistent with the peace, safety and freedom of this Nation as the principals and habitual practice of those persons that made them are, (if they be the men that by private hands are told us to be) but upon our giving to your Honors a present and considerable satisfactory answer to the said propositions, and upon our earnest desire that we might have from your Clark copies of papers, and a weeks time to present unto you a written Answer to them, you were honorably pleased to grant it; for which we return you our most humble thanks, and therewith tender unto you a copy of the said propositions, and our humble and joynt avowed answer unto them, which thus followeth.

Propositions made to the grand Commissioners of the Excise Anno Dom. 1650. Annoque secundo Libertatum Angliæ.

First, that till the totall of so much be advanced as was the last year, we the undertakers will expect no Sallary.

Secondly, that to make that double which we will engage to do, we shall onely expect 2. s. per l. and that not out of that bare sum, but out of the overplus which shall be produced above the double.

Thirdly, that whatsover we do bring in unto the State or Commissioners above the double of the last years produce, we for our extraordinary pains and industry in it may have a fourth part.

Fourthly, that there be a reasonable allowance for under Officers as the Commissioners shall think fit.

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Whereby these ensuing benefits will inevitably follow, viz.

1. To the State a far larger advance of the Excise then formerly.

2. To the Trade, the great ones shall not be so much as formerly enabled to destroy the inferiour sort.

3. That upon no man whatsoever, there shall be any oppression or injury to him, but a communicative justice shall flow equally to all, according to the true intent and meaning of all former Ordinances and Acts of Parliament in that kind provided.

4. That nothing shall be altered in the former constitution by Ordinance and Acts of Parliament.

Unto all which we most humbly and submissively answer.

And first, to the title Propositions made, &c. Propositions, what are they? many times, if not most times fictious Chymeraes or the like, more then realities or undeniable truths; and if these propositions had carried in them from just, honest, and good men well-affected to the common and just tranquillity of this Nation, a certain assurance to the State (from able men that never broke and compounded three or four times over in a few years) that they should have had a revenue out of the Excise of Soap double to what they have lately enjoyed without prejudice to the whole and present makers of Soap, (all but themselves) or without hazard of losse of the Soap Trade to the Hollanders and those Sea-men that have already attained so much art as to supply with Holland Soap a great part of the great trade of New Castle and Lynn, and steal their Soap ashore without paying any considerable proportion of Excise or Custom therefore, which inables the to sel much under the price that those can afford it that pays both, or without running the apparent hazard of doing ten times so much prejudice to the State then the losse of all the revenue of Excise of Soap comes to, there had been something in their Propositions worth regarding, and we could have born with their endeavours, (viz. the parties that we suppose and are informed made the said propositions) to have made up their broken and re-broken fortunes, and all their by-past engrossing of commodities, as well to the sufficient burning of their own fingers as prejudicing the Common-wealth and all their by-past and visible malignity against the Parliament upon the late Kings score, for which one of them hath pretty wel smarted; but if to us the quite contrary of all fore-mentioned doth so clearly appear, as that we hope and are confident undeniably to make it appear to the judgements and understandings of this Honorable Committee, we hope you will freely bear with our zeal and detestation against the said Propositions, and the persons that we suppose to be the Authors of them; which that we may undeniably doe, we in their own method thus proceed.

And to their first Proposition, viz. That they desire no salary till they have advanced asmuch as was made of Soap the last year, which was 2801 l. 1 s. 2 d. and the year before that it was 2557 l. 17 s. 1 d.

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To which we answer, it is an easie matter to raise money upon the Excise of Soap, but the difficult thing to do it, is to do it justly, without oppression to the whole, and without the particular ruine of those in their Trades and Estates that pay it; which they never look after or speak of; it being their maxim or principle, as appears by their propositions; so they get money they care not how unjustly they come by it: It’s true, the King made the Soapmakers pay him for the Excise of soap in his time above Thirty Thousand pounds per Annum, and there is no doubt but upon the same principals he went upon such men as the proposers are; might raise the Parliament now as much, but God forbid that ever our eyes should see that fatal ruine upon the Parliament, that we have beheld upon the person of the King and his Posterity, for that and things of the like nature, that need no other prospective glass to behold the mischief of; but what is to be found in your own first and grand Remonstrance to the whole Nation, of December 1641. and indeed and in truth, we know not what more truly to stile their proposals, then a perfect and compleat shooing horn, or introduction to a designe (under the pretence of getting the State money) to make the Parliament as odious as ever the King was; and so by consequence, fit the people with as earnest desires to shake off the Parliaments Government, as ever they were to shake off the Kings; in and by which, they might not onely accomplish their own particular ends (in getting money enough (although they collected 2801l.01s. 02d. for nothing) but also the Princes in laying designes by hightned discontents, to bring him to reigne upon his Fathers Throne; to which we are sure of it some of their principles leads them sufficiently (if they be the men whose names are given unto us) and so much for their first proposition.

And as for the second, which is to make the forementioned sum of 2801l.1s. 2d double, which amounts to 5602l.2s. 4d per Annum, and to have 2s. per pound for it, which whether by it be meant the whole 5602l.02s. 4d. or the moetic we know not; which sallarie shall onely arise out of the sum that they will raise and collect more then the double. In answer to which in the first place, we beseech you with us seariously to consider in probability, which way they must go to worke to do it, if it be not first in the Roard the King troad in; which you your selves have already condemned, both in his practice of it, and also in his Person by executing him for it, &c. or, Secondly they must reduce (by way of restraining all others) the whole Trade into certain fixed know hands and houses, where they may keep a man in every house, of their own confiding in to take an exact account of every halfe firkin of Soap that is made; and how dangerous and clamorous this would be, we leave it to be determined by the words declared in your own Declarations: or Thirdly, admit they leave every man free in City and Countrie, to make it as now they do; it is impossible for those in London that have fixed houses, to pay the excise exactly and not to break, as the proposers have done, because there are so many makers of it in the Countrie, in holes and corners (one Brasier in London within these twelve months or little more, having made above a hundred small boyling pans to be set up in obscure places) that pay little or no Excise, as by the Excise books may easily appear, although they make amongst them all, a very large quantity of Soap, the names of Edition: current; Page: [7-064b] which its possible they may find out, and get power enough to break open their dores at all houres in the night, and to break all their vessels in peeces, in case they ever catch them stealing the Excise of one Barrel of Soap, the which will be a total beggeting of them, and an absolute exposing of them to some desperate madd courses, or starve, either of which in these troublesome times, may prove of more dangerous consequence to the State then now can be imagined, and principally will be gain to the proposers in a double capacity; First in regard they are both as we are informed, Soap-makers, and in process of time, their proposals and Acts upon them, may drive all or the greatest of the Trade of Soap-making for England into their own hands, and being their own searchers they will sweetly lick their own fingers, and soundly raise their prizes at their pleasures, being men as is too plainly evident by their actions of no manner of honesty or conscience: or Secondly, if they cannot get the greatest part of the Trade into their own hands, yet we do beleeve that with rigorous courses, they may get as much money by some of the three forementioned wayes, as will raise them 5602l. 2s.4d. and as much overplus as will pay them 2s.per l. for their Salarie, which Salarie will amount to their particular selves (for in their fourth proposition, they desire Salaries for their under Officers) to 560l. per Annum. besides a fourth part of their overplus, if they raise more, which it’s possible they may in some of the foresaid wayes, which Salarie with 2 or 3000l. of the States money they may possibly get into their hands, will make their broken Estates pretty whole, and enable them to live beyond sea for a time, in as ruffling a way as they have done in England, for both of them being not justly worth two groats (God blasting them in all their wicked and shirking wayes) we are confident they will not stand by it, nor can put in no honest and responsible security for the true performance of what they propose.

And as for their third proposal, which to our understanding thus runs, That what by their crooked and rigorous wayes, they bring in by way of Excise upon soap more then 5602l. 2s. 4d.per. Annum; they may have first 5s.per. l. for a fourth part out of it to themselvs; and then their Salarie of 560l. per Annum out of the remainder of it, and out of the remainder of that the Sallaries of their officers; so that suppose by their extraordinary ridged wayes (for such they must run or be totally ruinated and their security, especially if they put in good security to the State, absolutely to bring into their purses double the last years Excise) they collect 2000l. per Annum, over and above the forementioned 5602l. 2s. 4d. they must have out of it 500l. for the fourth part, and 560l. for their 2s. per l. sallarie which makes up 1060l. besides the sallaries of their under officers, which to our understandings will annually, well nigh take up the remaining 940l. of the said 2000. If they exactly provide an Excise man to search and keep accompt in all places of this Nation where Soapmaking is lately set up; there being at New Castle besides the Holland Trade, one or two already, the like at Yorke, Hull, Gainsborough, Lynn, Yarmouth, Norwich, Ipswich, Colchester, Titchfield, Southampton and Plimouth, besides scoares of places in Countrie Market Townes, and small Villages, as Rading, Newbury, Coventrie, &c.

Yea within these few dayes, a mault man at Bowl, hath bought a Pan to Edition: current; Page: [7-065a] boyle Soap in; so that whatsoever the State seems to gaine, they themselves will be sufficient gainers (for worke for nothing, it is undeniable they neither will nor can) having by their Propositions propounded at least 500l. per Annum, for each of themselves, besides what they are likely to get by boyling Soap themselves, in their large offices they already have, where being their own overseers for Excise, it is not to be questioned but they will thereby be enabled to drive a great Trade, and save themselves from paying little or no Excise; by meanes of which we are sure of it they will thereby become the great ones they speak of (in their forementioned second proposal under their beneficial head) that absolutely will be able to eat up the little ones. And at the most the State by this account, will have but 5602l. 2s. 4d. which how jestly or advantagioussy got, we crave leave here in writing (as well as formerly we have done by word of mouth) a little to insert unto this Honorable Committee; and in the first place as then we did, so now we humbly desire you to take notice, that when the Excise of Soap was first laid upon us, it was in the year 1643. when the Parliaments straights were very great, by reason the King had then the greatest part of the Nation under his command, by meanes of which it was impossible for the Parliament to raise a support of money in that ordinary and laudible long accustomed way of subsidies and Fifteens, and therefore were necessitated & compelled for preventing the then unavoidable ruine of themselves and their adherents, to flie to that extraordinary way of Excise, to raise their supportation from the Trading people of the Land, which made the Trades-men the more chearfully pay it, in regard they universally hoped it should continue no longer upon them, then that the lands of the Nation could come regularly to be taxed in that usual and accustomed way of subsidies and fifteens, at which first beginning, the Excise of our Soap was but 3s. per barrel, which for the first year brought in as appears by the aforesaid certificate of the Excise Commissioners 5058l. 05s.01d. and for the second year 4181l.10l. 12d. since which time it hath been raised to 4s.8d. per Barrel, and the last year brought but in 2803l.01s.02d. and the year before that 2557l.17s. 1d. which Excise as we have truely declared in our foresaid Petition, hath in a manner destroyed our Trade, and wasted our Estates, and if continued, must unavoidably force us to give over the way of our livelyhood (to which most of us have been brought up unto from our youth, and served toyling Apprentiships for) or begger us, which we humbly conceive you cannot but apprehend, must sorrowfully cause many sighings, mournings, groanings, and bitter complaints amongst us and our families, but if after we have humbly petitioned for the removal of our said sad insupportable burthens, and be by the Parliament (as by the reading of their Order we hoped and beleeved) referred to you for ease and redress, and instead thereof shall meet with proposals, which if by you countenanced, makes us far worse for our complaining then we were before, and you in the consequence of it no gainers, but absolute losers by raising up such a world of clamours and mournfull outcryes, as must of necessary follow upon the execution of that the proposers clearly drive at; and so much for the third and fourth proposals.

And now most Honorable and Noble Senators, as you have the hearts and Edition: current; Page: [7-065b] spirits within you, of compassionaters of your Countryes miseries, and affections to its welfare and prosperity, as our adversaries have assumed the boldness to propose, fictious, uncertain, and loosing wayes of advance of money to the State (as if they were well-willers to the Nations happinesse, which their actions never gave clear demonstrations of) so we beseech you give us leave without offence most humbly to propose to you, reall, certain, and gaining ways of advance of money to the Nation in such a way as no man in his trade, or calling, or manner of living, shal have any just occasion to except against. For the equality of it, which way we verily beleeve you must come to or else totally destroy the whole Trade of the Nation, and make absolute beggars of all the industrious Trading people of the Nation, the consequences of which, our souls even tremble to think of; but having been we fear too large already, and this being a thing of universall and generall concernment, and wil take up more time then we have allotted to us to bring in this our Answer in, therefore wee humbly crave leave to averre at our utmost perils our ableness within lesse then fourteen days after the presentation hereof, to prescribe in writing to your Honours, if commanded thereunto, what we have said a few lines above, and that it may at present clearly appear unto you that we are no haters of your supplies, nor neglecters of the studying of all just ways to doe it, in answer to your own grand Objection against our desires contained in our said Petition, which is, that your publique charges are great at present, and your straits are many, and therefore to take off our Excise would not onely be a president to the rest, of evill consequence to you, but a lessening of your Revenue, which your present affairs cannot admit of.

In answer to which, we humbly present to your consideration (although we conceive that those that presse the screwing up Excise to the highest, are no well-willers to the durable peace and tranquillity of England, but the quite contrary) that our materials pay but 6 d. per l. when Grocery, &c. pay 12 d. per l. Excise, and then when we have made it into Soap it pays 4 s. 8 d. per Barrel, which at our last being before your Honours, we truly illustrated and declared to you came now upon some sorts of Soap very nigh to 4 s. per l. Excise, which was intollerable to visible fixed houses, especially considering the Trade is so universally defused into the Countrey as now it is, which is truly and particularly declared before, and therefore we humbly entreated you that you would totally take off the 4 s. 8 d. per Barrel Excise upon Soap after it is made, and use us like the generality of the rest of the people of England, by compelling us to pay no more then 12 d. Excise Edition: current; Page: [7-066a] upon every 20s. worth of our materials we buy, so long as you shall continue Excise upon the Nation; by which proposition we humbly enforce the acceptance therof with the following reasons.

First, because we doe verily believe (upon the perusall of our notes and papers since our last being before you) to make it evident, and that you shall finde it by experience, that if you please to lay 12d Excise upon every pounds worth of our materials, viz. Outlandish Pot-Ashes and all imported Oyls and Tallow, it will clearly bring you in as great a sum as for these two last years you have enjoyed from both the materials and Soap, which we humbly conceive will be equall to all, and free many Soap-makers from those indirect means that sometimes they are forced to use for their livelihood, and also from that bondage and slavery they are in thereby to their Apprentices and Journymen, and then with all our hearts let all those that have a minde whereever they are boyle Soap as well as we; and that it will do this, we illustrate from the Custome-house Books, thus:

1. It is supposed that all imported materials belonging to Soap, as Pot-Ashes, Oyls, and Tallow, cannot be brought into the Port of London, &c. (being of so grosse a body as they are, and usually put into such great Casks as they are) and be stoln ashoar without being Customed, and so consequently Excised, which may be collected within the common charge of your ordinary Officers, and so save that 8 d. per l. that by the foresaid Certificate of the Commissioners of Excise is confessed Soap stands in.

2. We find that the Port of London hath heretofore (when the Trade was free from intanglements) vented yearly for many years together 2000 fats of Pot-ashes at the least, which estimated at thirteen hundred weight a fat one with another, make twenty six thousand hundred weight, and reckon them at the medium price of 30 s. per cent. it will come to in money 35000 l. the Excise of which at 12 d. per l. will amount unto 1950 l. besides the quantity of English Pot-Ashes then spent, which we reckon nothing for.

The Port of London hath heretofore vended of all sorts of Fish Oyls in making Soap per Annum, at the least two thousand tuns, besides Oyl Olive, and that two thousand tun at the medium price calculating it at 18 l. per tun, will amount unto at 12 d. per l. Excise, to 1800 l. and the Excise of sweet Oyl considering the quality of its price that is spent in Soap, may be computed about 500 l.

Tallow of all sorts imported from beyond Sea hath been about 300 tun per Annum, and which at the medium price as it hath usually been about 36 l. per tun, the Excise of which at 12 d. per l. will amount to 540 l. in all which is reckoned no other Oyls that is spent in other uses in the Nation, the addition of 6 d. per l. to its Excise, would make up the same about 6000 l. per Annum, which with the saving of the charge of 8 d. per l. the collecting of Soap Excise stands in, would put a full ballance to all that in point of present gain or losse can rationally and justly be said in the present controversie Edition: current; Page: [7-066b] for the whole Excise of Soap and its imported materials for these three years last past by the foresaid Certificate amounts but to 16545 l. 4 s. 11 d. into which is reckoned the Excise made of all sorts of Oyl spent in all England for all other uses as well as Soap, and divide it equally into three years proportion, and it amounts but to 5515 l. 1 s. 7 d. per Annum. which comes but to an equivalent proportion to our foresaid Proposition, and by computation rather fals short of it then otherwise.

But if it should be objected, that it is apparent by the foresaid Certificate of the Commissioners of the Excise, that there is not Annuall for these late years any such quantities of Soap-materials comes in as will in any reasonable proportion raise the sums you speak of for Excise at 12 d. per l. and so you put but a fallacy upon the State.

Unto which with all humility we answer, it is true, by reason of the wars, for divers late years in Poland (the chiefest place from whence Pot-Ashes came) it hath made them scarce, and sometimes raised from the usuall price of betwixt 20 s. and 30 s. per cent. to 7 l. 8 l. 9 l. and 10 l. per hundred, the greatness of which price raised Soap sometimes to 9 d. and 10 d. per l. in which regard the Hollander hath stept into a great part of our Trade, and cannot be prevented by verbally laying double Excise upon his Soap, in regard the Sea-men that usually transport it hither, doth it commonly upon their own accompt, and usually steal, both the Custome and Excise of it, by which means if Excise be kept at its height, the common Sea-man (if he play the good husband, and tread not in the road way of a common spend-thrift) will in a little time become a better Merchant then his Master that fraights him, and in process of time exhaust both his Purse and Trade, and so break his back.

But secondly, This scarcity and dearness of Pot-ashes in Poland, made many here in England aswel as in Denmark, Russia, New England, Virginia, and several places of Germany, rush with violence upon the making of Pot-ashes, which occasioned such a glut all of a sudden, as hath brought down of late the best, Poland Pot-ashes to about 40s. per centum, and will in probability so continue, if not fall in one years time to be a great deal cheaper, which will in an extraordinary measure (as in a large proportion is already visible to be seen) cause that vast quantity of English Pot-ashe, that of late years have been made in England to cease, (that hitherto hath paid no Excise at all) in regard in England they cannot make them to affoord them so cheap, in proportion to Out-landish ashes, seeing the peace in Poland hath restored them to a full capacity of enjoyment of the fulness of their usual Trade of making Pot-ashes, which with that large addition is likely to come out of Germany and other parts, is likely to make them as cheap as ever they were; and so by consequence fill the Custom-house books, with as large quantities of entries as used to be, which will not onely add to your present Customs, but encourage the cloath Trade, which hath heretofore been the onely commoditie bartred for the bringing in of Pot-ashes, which hath of late been usually beyond sea, bought onely for ready money (which is not Edition: current; Page: [7-067a] at all done by any Pot-ashes that is made in England, and which will by consequence restore us to the free enjoyment of our Trade, especially if the Excise of 4 s. 8 d. per Barrel be totally taken off, that so fixed houses do not pay and bear all the charge, and holes and corners nothing; which is easily prevented, and your incombs by Excise onely (besides the increase of much Custom) made in probability, as much if not more, if the charge be laid totally upon the materials at 12 d. per l. as Grocers, &c. pay for their Commodities; and truely, seeing Soap is in a manner as essentially necessary and useful to the sons of men of all sorts, and kinds of both rich and poor, as victual and fireing are, which are some of the essential and necessary supports of man kinde; we see no reason, but that as tender a regard should be had to it as the other; all which we tender to the grave judgement of this Honorable Committee, not doubting but you will grant us our reasonable desires and totally for ever, take off all and every part of the 4 s. 8 d. per barrel Excise upon Soap, and for the future be satisfied with the receipt of 12 d. per l. upon all the imported materials, and totally throw aside the propositions as fictions or dangerous proposals, or else if you do any more upon them, we humbly desire that the authors of them and we may be brought face to face before your Honours to argue out the utility, equity, and justice of each of our proposals; for which favour we shall ever be bound to remain

Your Honours humble and devoted Servants

October 17. 1650

John Hayes

John Lilburne

Ja. Barker.

Roger Peares

Tho. Poultney

Simon Wedden

John Hardwick

Tho. Howlet

Tho. Woodstack

Edward Whitwel

Richard Cox

Rob. Drinkwater.

Edition: current; Page: [7-067b]

The forementioned Account or Certificate of the Commissioners of Excise, thus followeth.

In obedience to an order of the Honorable Committee for Regulating the Excise or New-Impost, dated October 3. 1650. to certifie unto the Committee what sum and sums of Money have been yearly received for the Excise of Soap, Potashes, sweet Oyl, Whale, and Train Oyl, and of Tallow, since the Duty of Excise was first imposed thereupon; The account of the said Excise to be particular and distinct each from other, with the Charges for Collecting of the same each year.

The Commissioners for Excise do by their Accomptent humbly certifie by the account books in London certainly, and from the Sub-Commissioners accounts, as near as can be collected by estimate.

That there hath been Received for Excise of }
Soap
Potashes
Sweet
Whale
Train
} Oils
TallowNota the into first years Seap paid Excise but 3s. per Barrel.

London, from Sept. 11. 1643. to Sept. 11. 1644.
l.
s.
d.
l.
s.
d.
l.
s.
d.
l.
s.
d.

4658.
05.
01
328.
06.
05
1240.
17.
11
00.
00.
00

The several Counties from the Sub-Commis. viz. the said year.

l.
s.
d.
400.
00.
00

Bristol

}

Linn Regis
28.
00.
00 }
02.
06.
00
25.
00.
00

Colchester
14.
10.
06 }
05.
00.
00
33.
16.
00

Exeter
17.
18.
06. }
03.
06.
00
26.
10.
00

Norwich
48.
07.
00 }
06.
07.
06
15.
04.
06

Newcastle
26.
04.
04 }
12.
00.
00
23.
09.
00.

Weymouth
30.
06.
08 }
02.
06.
06
30.
01.
09

York
28.
06.
00 }
01.
00.
06
43.
06
03

Southampton
43.
09.
00 }
02.
02.
00
12.
18.
00.
00.
00.
00First Year. }

Dartmouth
27.
7.
06 }
00.
16.
06
55.
01.
09.

Hull
16.
19.
06 }
03.
05.
04.
49.
16.
00

Yarmouth
12.
16.
00 }
01.
00.
00
36.
05.
09

Boston
13.
05.
00. }
01.
10.
00
15.
10.
00.Note the Excise of Tallore commenced July 8. 1644.

Bridgwater
15.
00.
01. }
02.
05.
00
29.
00.
00

Dover
13.
06.
06. }
00.
06.
08
36.
06.
00

Isle wight
24.
01.
06. }
03.
06.
00
08.
15.
00

Plymouth
40.
01.
02. }
03.
02.
00
09.
00.
00

Total of the Counties 400.l.
400.
00.
00
50.
00.
00
450.
00.
00
00.
00.
00

Edition: current; Page: [7-068a]

That there hath been received for Excise of }
Soap
Potashes
Sweet
Whale
Train } Oils
Tallow

London from Sept. 11. 1644. to Sept. 29. 1645.
l.
s.
d.
l.
s.
d.
l.
s.
d.
l.
s.
d.

3681.
10.
11.½
521.
1.
1.½
1675.
17.
10
100.
7.
05

The several Counties from the Sub-Commis. viz. the said year.

l.
s.
d. }
500.
00.
00.

{ Bristol

{ Linn-Regis
30.
16.
- }
2.
9.
-
36.
10.
-

{ Colchester
17.
15.
6 }
6.
00.
-
56.
12.
-
9.
5.
6

{ Exeter
26.
4.
6 }
3.
01.
-
13.
9.
6
10.
3.
5

{ Norwich
53.
7.
- }
6.
9.
6.
26.
15.
9

{ Newcastle
29.
6.
4 }
13.
00.
-
51.
6.
3

{ Weymouth
32.
10.
8 }
2.
8.
6.
66.
1.
9

{ York
29.
7.
- }
1.
5.
6.
3.
7.
6.
00.
16.
4

II. Year. { Southampton
47.
12.
- }
2.
5.
-
64.
6.
3.

5.

{ Dartmouth
28.
13.
6 }
1.
15.
-
53.
12.
-
5.
6.
-

{ Hull
20.
1.
6 }
4.
2.
6
42.

9.

Nota, Sope paid Excise the 24: Novemb: 1645 4 s. 8d. per Barrel. { Yarmouth
20.
6.
- }
1.
12.
-
11.
6.
-

{ Boston
26.
1.
- }
1.
15.
-
15.
9.
-

{ Bridgwater
31.
11.
6 }
2.
00.
-
26.
5.
6
2.
00
9

{ Dover
26.
12.
6 }
1.
9.
-
10.
12.

1.
5.
-

{ Isle Wight
34.
7.
- }
2.
19.
-
5.
9.
-
00.
18.
-

{ Plymouth
45.
8.
- }
2.
9.
-
6.
8.
6

Total of the Counties 500. l.
500.
00.
00
55.
00.
00
500.
00.
00
30.
00.
00

London from the 29 Septemb. 1645. to the 29 Septemb. 1646. | 4701. | 12. | 4 | 315. | 10. | 11 | 1199. | 6. | 6 | 154. | 2. | 2
The several Counties from the Sub Commissioners viz. the said year.
{ Bristoll | 245. | 6. | 4 } | 1200. |  |  | 5. | 1. | 0 | 0 235. | 6. | 6 | 25. | 11. | ½
{ Lynn Regis | 180. | 5 |  |  |  | 2. | 11. | 0 | 0 36. | 9. | 9. | 0 | 1. | 10
{ Colchester | 64. | 8. |  |  |  | 5. | 16. | 0 | 0 59. | 10. | 0 | 18. | 9. | 6
{ Exeter | 30. | 6. | 8 } |  |  | 3. | 12. | 6 | 0 9. | 6. | 6. | 21. | 19. | 10½
{ Norwich | 86. | 15. |  |  |  | 6. | 13. | 9 | 0 22. | 3. | 3. | 0 | 0 | 0
{ New Castle | 52. |  |  |  |  | 2. | 2. | 0 | 0 39. | 16. | 0 | 0 | 0 | 0
{ Weymouth | 32. | 16. | 8 } |  |  | 3. | 9. | 4 | 0 51. | 11. | 6 | 0 | 0 | 0
{ Yorke | 36. | 18. | 9 } |  |  | 2. | 3. | 1 | 0 5. | 7. | 10 | 0 | 0 | 0
III. Year. { Souththampon | 80. | 9. | 9 } |  |  | 2. | 16. | 0 | 0 69. | 10. | 4. | 0 | 0 | 0
{ Dartmouth | 86. | 16. | 10 } |  |  | 2. | 6. | 0 | 0 19. | 6. | 6 | 0 | 0 | 0
{ Hull | 40. | 9. | 0 } |  |  | 5. | 4. | 0 | 0 32. | 6. | 6 | 0 | 0 | 0
{ Yarmouth | 86. | 15. | 0 } |  |  | 1. | 16. | 0 | 0 12. | 12. | 6 | 0 | 0 | 0
{ Boston | 34. | 8. | 0 } |  |  | 1. | 19. | 0 | 0 15. | 6. | 0 | 0 | 0 | 0
{ Bridgwater | 36. | 0 | 0 } |  |  | 2. | 3. | 6 | 0 12. | 8. | 9 | 0 | 0 | 0
{ Dover | 56. | 4. | 0 } |  |  | 2. | 11. | 9 | 0 9. | 16. | 4 | 0 | 0 | 0
{ Isle Wight | 20. | 0 | 0 } |  |  | 2. | 16. | 3. | 0 3. | 0 | 3 | 0 | 0 | 0
{ Plymouth | 30. | 1. | 0 } |  |  | 3. | 0 | 6 | 0 9. | 10. | 9 | 0 | 0 | 0
Total of the Counties 1100. l. | 1200. |  |  | 56. | 1. | 10. | 643. | 9. | 3. | 66. | 3. | 2

Edition: current; Page: [7-068b]

That there hath been received for Excise of }
Soap
Potashes
Sweet
Whale
Train } Oyles
Tallow

London from the 29 of Septem. 1646. to the 29 Septem. 1647.
l.
s.
d.
l.
s.
d.
l.
s.
d.
l.
s.
d.

2957.
19.
4.
524.
1.
3.
1763.
19.
3½
322.

3.

The several Counties from the Sub Commissioners viz. the said year.

Bristoll
255.
11.
2 }
1082.
17.
1
3.
2.
0
200.
9.
9
27.
9.
9 }

Lynn Regis
120.
16.
10 }
2.
8.

29.
6.
6.

Colchester
74.
12
0 }
5.
10.

46.
8.

15
19.
3 }

Exeter
66.
8.
0 }
3.
8.

8.
3.
3
12.
6.
0 }

Norwich
34.
5.
2 }
4.
10.
4
20.
6.
6

Newcastle
82.
12.
0 }
9.
5.

26
6.
9

Weymouth
36.
15.
0 }
3.
6.
6
49
8.
3

Yorke
52.
12.
0 }
2.
1.
3.
2.
2.

Southampton
20.
5.
6 }
2.
15.

71.
6.
6
4.
5IV. Year.

Dartmouth
28.
10.
0 }
1.
10.

10.
9.
9

Hull
35.
5.
4 }
3.
2.

26.
3.
3.

Yarmouth
25.
6.
0 }
1.
10.

14.
2.
9

Boston
40.
9.
0 }
1.
2.
6
36.
8.
7

Bridgwater
55.
9.
1 }
2.
10.

26.
9.
9

Dover
64.
0
0 }
2.

3.
16.
3

Isle Wight
30.
0
0 }
1.

25.

Plymouth
60.
0
0 }

19.
5.
3.
12.
1

Total of Counties 1082. 17. 1
1082.
17.
1
50

600.

60.

London from 29 Sept. 1647. to 29 Sept. 1648. | 2418. | 3. | 5. | 443. | 12. | 11 | 1161. | 4. | 10.½ | 167. | 18. | 3½
The several Counties from the Sub Commis. viz. the said year. |  |  |  |  |  |  |  |  |  |  |  |
Bristoll | 230. | 9. | 9 } | 800. |  |  | 2 |  |  | 186. | 9. | 6 | 16. | 18 |
Lynn Regis | 80. | 5. | 5 } |  |  | 1. | 10. |  | 23. | 4. | 4 |  |  |
Colchester | 56. | 10. |  |  |  | 3. | 5. |  | 39. | 6. |  | 14. | 10. | 6 }
Exeter | 34. | 16. | 7 } |  |  | 4. | 6. | 6 | 3. | 5. | 6 | 5. | 9. | 6 }
Norwich | 25. | 5. | 9 } |  |  | 00. | 7. |  | 16. |  |  |  |  |
New Castle | 10. | 12. |  |  |  | 2. | 19. | 10 | 12. | 5. | 6 |  |  |
Weymouth | 16. | 4. |  |  |  | 1. | 17. | 8 | 39. | 5. |  |  |  |
Yorke | 26. |  |  |  |  | 2. | 12. |  | 1. | 1. |  |  |  |
Southampton | 56. |  | 5. } |  |  | 1. | 15 | 9 | 45. | 6. | 6. |  |  |
Dartmouth | 17. |  | 6. } |  |  | 2. | 6. |  | 8. | 9. | 9 | 3. | 2V. Year. |
Hull | 40. |  |  |  |  | 3. | 6. |  | 16. | 2. | 3. |  |  |
Yarmouth | 16. |  |  |  |  | 0. | 18. |  | 17. | 8. | 1. |  |  |
Boston | 25. | 8. | 8 } |  |  | 1. | 17. |  | 26. | 9. | 7 |  |  |
Bridgwater | 44. | 1. |  |  |  | 2. | 16. | 8 | 36. | 9. | 9 |  |  |
Dover | 48. |  |  |  |  | 3. | 18. | 7 | 24. | 3. | 5 |  |  |
Isle Wight | 33. | 1. |  |  |  | 2. | 16. |  | 2. | 3. |  |  |  |
Plymouth | 40. |  | 4. } |  |  | 1. | 8 |  | 2. | 10. | 3 |  |  |
Total of the Counties 800l. | 800. |  |  | 40. |  |  | 500. |  |  | 40. |  |

Edition: current; Page: [7-069a]

That there hath been received for Excise of }
Soap
Potashes
Sweet
Whale
Train } Oils
Tallow

{ London, from Sept. 29. 1648. to Sept. 29. 1649.
l.
s.
d.
l.
s.
d.
l.
s.
d.
l.
s.
d.

1907.
17
1½
54
8
3
13
9
½
139.
00.
6½

{ The several Counties from the Sub-Commis. viz. the said year.

l.
s.
d. }
650.
00.
00

{ Bristol
239.
05.
05 }
01.
12.
00.
130.
5.
9
12.
8.
5.

{ Linn Regis
60.
03.
03 }
01.
06.
00
19.
06.
06

{ Colchester
45.
00.
06 }
02.
10.
00
25.
03.
00
07
09.
07

{ Exeter
22.
08.
04. }
03.
05.
00
02.
03.
03
06.
06.
00

{ Norwich
15.
03.
03 }
01.
18.
00
14.
16.
00

{ Newcastle
17.
08.
06 }
01.
06.
00
09.
06.
00

{ Weymouth
23.
19.
11 }
00.
18
06
25.
05.
09

VI. Year. { York
23
07.
00 }
02.
05.
00
00.
15.
00

{ Southampton
10.
03.
03 }
01.
06.
00
35.
05.
00.
00.
00.
00

{ Dartmouth
04.
06.
06 }
01.
15.
00
06.
06.
03.
03.
16.
00

{ Hull
16.
08.
00 }
02.
03.
00
12.
03.
06

{ Yarmouth
19.
06.
00 }
01.
05.
00
15.
09.
05

{ Boston
23.
06.
07 }
00.
19.
00
22.
09.
01

{ Bridgwater
33.
15.
00 }
01.
16.
00
24.
06.
04

{ Dover
28.
16.
00 }
02.
17.
06
16.
18.
05

{ Isle wight
30.
01.
00 }
01.
08.
00
15.
00.
06

{ Plymouth
40.
01.
06 }
01.
10.
00
25.
00.
03

Total of the Counties 650.00.00
650.
00.
00
30.
00.
00
400.
00.
00
30.
00.
00

London from the 29 Septemb. 1649. to the 29 Septemb. 1650. | 2103. | 1. | 2 | 350. | 17. | 6½ | 1938. | 1 | ½ | 228. | 17. | 7 ½
The several Counties from the Sub Commis. viz. the said year.
{ Bristoll | 249. | 6. | 4 } | 700. |  |  | 1. | 19. | 0 | 0 153. | 6. | 3 | 13. |  | 9
{ Lynn Regis | 76. | 8. | 6. } |  |  | 1. | 12. | 0 | 0 26. | 9. | 9. | 0 |  | 0
{ Colchester | 66. | 10. |  |  |  | 3. | 6. | 0 | 0 23. | 05. | 0 | 6. | 15. | 6
{ Exeter | 34. | 9. |  |  |  | 4. | 5. | 6 | 0 15. | 8. | 0. | 7. | 8. | 0
{ Norwich | 26. | 5. | 5 } |  |  | 1. | 19. | 0 | 0 17. | 9. | 3. | 0 | 0 | 0
{ New Castle | 28. | 6. | 8 } |  |  | 1. | 18. | 0 | 0 11. | 9. | 0 | 0 | 0 | 0
{ Weymouth | 33. | 9. | 9 } |  |  | 1. | 16. | 6 | 0 36. | 10. | 10 | 0 | 0 | 0
{ Yorke | 42. | 5. |  |  |  | 2. | 16. |  | 0 2. | 9. | 0 | 0 | 0 | 0
VII. Year. { Souththampon | 26. | 3. | 3 } |  |  | 1. | 17. | 9 | 0 46. | 7. | 0. | 0 | 0 | 0
{ Dartmouth | 16. | 8. | 8. } |  |  | 2. | 5. | 0 | 0 19. | 15. | 0 | 2 | 7. | 6
{ Hull | 26. | 5. | 5 } |  |  | 3. | 6. | 6 | 0 26. | 9. | 3 | 0 | 0 | 0
{ Yarmouth | 24. | 3. | 3 } |  |  | 1. | 5. | 3 | 0 22. | 7. | 7 | 0 | 0 | 0
{ Boston | 26. | 5. | 5 } |  |  | 1. | 14. | 0 | 0 34. | 9. | 6 | 0 | 0 | 0
{ Bridgwater | 7. | 6. | 0 } |  |  | 2. | 12. | 0 | 0 16. | 19. | 0 | 0 | 0 | 0
{ Dover | 16. | 3 | 2 } |  |  | 3. | 16. | 0 | 0 23. | 9. | 5 | 0 | 0 | 0
{ Isle Wight | 6. | 1. | 0 } |  |  | 2. | 9. | 0 | 0 12. | 9 | 1 | 0 | 0 | 0
{ Plymouth | 8. | 3 | 0 } |  |  | 1. | 2. | 0 | 0 11. | 7. | 1 | 0 | 0 | 0
Total of the Counties 700. l. | 700. |  |  | 40. |  |  | 500. |  |  | 30. | 0 | 0
Total of they years for London & the Countrey } | 27761. | 6. | 5. | 3352. |  | 0. | 13932. |  |  | 1374. | 9. | 4.

Edition: current; Page: [7-069b]

The charges of Collecting the same each year cannot be certainly known or computed, for that Potashes and Oyls are contained within the Office for Grocery, Druggestry, Saltery, those two Commodities being under the general article of Saltery in the Schedule of rates: and the Commodities under Saltery, together with those under Grocery & Druggestry, are so numerous, as not to proportion any particular Commodity for the charges of it distinctly, from any other Commodities; The like for Tallow under the first Additional; And for Soaps is the like.

But by estimate Soap is about 8 d. in 20 s. received for the charges, And for Pot-ashes, Oyls, and Tallow, each of them is about 7 d. charges in Collecting of every 20 s.

Excise Office in Broadstreet

London,

Octob. 10. 1650.

Tho. Smith, Accomptant
to the Chief Commissioners for Excise.

John Lilburne

Lilburne, John

Nota, That whereas Robert Booth late Salter, and John Walker Silk-man, now Soap-makers, did appear before the Honourable Committee for Regulating the Excise, Octob. 23. 1650. And there did own the proposals to be theirs, and that the Answer thereunto was scandalous: Unto which it was averred, that every perticular in the said Answer should be made good against the said Booth and Walker

By Lieut. Colonel

John Lilburne.

Finis

Edition: current; Page: [7-070]

George Walker

Walker, George

3 December, 1650

6.

7.6 George Walker, Anglo-Tyrannus, or the Idea of a Norman Monarch, (3 December, 1650).

Editor’s Introduction

(Placeholder: Text will be added later.)

Edition: current; Page: [7-071a] Edition: current; Page: [7-071b]

George Walker

Walker, George

To the Right Honourable the Lord President Bradshaw.

My Lord,

THough I may seem bold, I am not so blind, but that I perceive your Lordship taller by the head than most I can set by you, and so come for patronage in hopes of a favourable smile, being sure to have frownes enough from them, who not able to look over the heads of others, croud as it were hood-wink’d after those that goe before them. It was the ancient practice of enslaved Rome, after death to Deifie her Tyrants, and this her badge of slavery we in England have long worn as a Livery of our bondage; whose Kings (when dead) must be of Famous, and Blessed Memory, though they liv’d most infamous for Cowardice, and detestable for Tyranny; and though this was acted to flatter their Successors at first, yet by custome it hath so prevailed, that notwithstanding the cause is now taken away, the effect remains among the multitude (to whom Logick must give place in their irrationall actings) and from a naturall necessity is become a divine institution; so that immortall, as earthly Edition: current; Page: [7-072a] Crownes are givem them Iure Divino, to dye Saints, as they live Kings: Indeed Rome may have somthing pleaded in her excuse, for she had her infernall Gods, whom by sacrifice she endeavoured to appease from doing mischief, so little inferiour was her superstition to her slavery, which was as great as tyranny could create. I know our royall Idolaters will lay hold of the Horns of this, De mortuis nil nisi bonum; but it can afford them little safety, and me lesse danger, whom the Metaphysicks have taught, that bonum & verum convertuntur, that J cannot write good, unlesse J write truth; thus what they have taken for their shield is the dart which pierceth their Liver, and by what they would ward off, they are smitten with the blow of high-treason, themselves being the only and grand transgressors against the majesty of History, whose Prerogative it is not onely to reward the good, with honour and renown, but also to punish the evill, with ignominie and reproach. The case standing thus, I am assured of your Lordships protection, against all storms such inchantments may raise against me, whose rationall eye being able to pierce these foggs doth perceive what hath so long been invelop’d in the mist.

Thus my Lord, having looked aside at selfe, yet I constantly kept your Lordship in my eye,, and your honour stood fore-right, my safety but on one side in my choice, not out of presumption that my weak endeavours could adde any thing to you, but in assurance that others seeing what profit they have received, what misery they have escaped in the book, will return to the Dedication, Edition: current; Page: [7-072b] and with honour read your name, who have been so great an instrument under God of their deliverance.

God hath chosen you to judge between a King and a people, and your sentence hath shewn you are sufficiently informed of what this Discourse treats: yet as a Pharos may be usefull to delight a man with the prospect of those rocks, shelves, and sands be hath escaped, to whom it was a sea mark to guide safe into the Port; so may your Lordship with comfort cast your eye upon the ensuing Discourse, viewing the dangers you and all good Patriots have past, especially having had so great an hand in the steerage into the Harbour.

And now give me leave to mention your worthy acts, that it may be known I am not unmindfull of a good turn, it is the onely thanks I am able to repay in the behalf of my Countrey and self: I know some will be apt to condemne such an action as savouring of flatterie, but the most free from that vice, the most severe, the most rigid in the School of vertue, a Cato himself hath done the like, and that not onely upon the Score of gratitude, but to encourage and incite to further gallantry, and the most censorious of them may perchance perceive their own black Shadows by your light, and from your example take out a new lesson of duty to their countrey whom they ought to serve before themselves.

You have undauntedly stood the shock of what ever slavish malice could bring against you, and have been eminent in vindicating the right God and nature invested the nation with from Edition: current; Page: [7-073a] the power of usurping tyranny, no counterfeit rayes, no glittering impostures gilded with pretences of sacred, and Majestick have dazzeled your eyes, but with a steddy and impartiall hand you have guided the Scale of justice, wherein that bubble of worldly honour hath been found too light to counterpoise those sinnes of murder and oppression, which brought such heavy judgements on the land, whose yoke hath been broken, whose guilt hath been removed in a great measure, by having justice executed without respect of persons.

[Editor: illegible Greek text] saith the Philosopher, to do good to one is honourable, to a nation is heroicall; to perform the first, is the private mans duty, to be able to do the latter is the publick magistrates divinity. God hath not onely given you power, but a mind also to employ it well, you have been good as wel as Great, and God hath preserved you, & honored you in your integrity, of which we have received such sure signs, that it must argue us more severe than just, more suspicious than Charitable, but to doubt that the Honour of God, the good and freedome of your Countrie shall not still possesse the first part of your affections, and be the ultimate end in all your actions, that so the good will of him that dwelt in the Bush being with you and your fellow Builders may enable you to perfect the great work of Reformation to his glory, your own honours, and the happinesse and freedome of this nation, all which are unfeignedly desired by him who craving pardon for this bold approach as by duty obliged subscribes.

My Lord

Your Lordships most humble servant

George Walker.

Edition: current; Page: [7-073b]

To the Reader.

HE must rise betimes (saith the proverb) who will please all, which may cease our wonder that the Common-wealth is so displeasant to some, which hath gotten up so late, yet better late than never. But though some dotarts square all by antiquity, supposing none so wise, which are not so old, and guesse at the understanding by the gray hairs, which in truth are rather a badge of imperfection, and the declension of nature, and which came into the world at the back doore, being a part of that fatall offspring begot between the Serpents craft, and our first Parents disobedience: I speak not this in scorn of age, which I honour when found in the way of righteousnesse and truth, nor in deniall of its advantage over youth by experience, but to oppose that errour spred amongst many that all wisdome deceased with their Grandsires, and they are onely to travell in their tracks, an opinion more agreeable to a pack horse, than a man endued with a rationall soul, which is not to lie idle, and which indeed the word of God, and universall experience which even make fools wise contradicts, the one infallibly declaring that in the latter dayes the Spirit of Truth shall more abundantly be poured forth into earthen vessels; the other visibly informing us of the daily advantages we have above our ancestors to attain Knowledge; for admit they were such Gyants in understanding, yet we poore dwarfes being upon their shoulders may see further than they: but I say though some doe thus, yet the sons of reason measure by another standard, as knowing that if worth should be prised by antiquity, the rotten would becom of more value than the ripe, to such therefore do I present this Discourse, who judge by reason, not passion, which so often makes the Crow seem white, the Bells to tink as the fools do think: and in confidence Reader that thy ingenuity is such that no byas of interest will wheel thee narrow, and thy capacity able to draw thee from running wide of reason, the only mark men in civil games should bowl at, I have taken the pains to present thee with a map of Englands condition under her Monarchs, wherein thou mayst view how justly Magna Charta is cast in our Governours teeths to beget a belief of their being Edition: current; Page: [7-074a] more tyrannous than our Kings were: admit it be not observed in every tittle now, what are we the worse, when some fresher and more apposite remedy is applyed to heal us? let us consider that it was constituted under another Government, and so cannot square to the present, and that the makers of it were but men, nay and such as had not that roome to act in as we have, and so could not foresee or at best provide for all that now providence hath wrought amongst us: but I shall not detain thee with a long Preface from the Book, wherein an ingenuous and rationall spirit will discern, that if our present Governours had been boundup to former rules, we could never have attained that estate which now by Gods mercy and their prudence we enjoy, and may so still if our own perversnesse hinder us not. Truly that Fable in Pliny of certain monstrous people in Africk which had one foot, and that so big, that they covered and shaded with it their whole body, may be a perfect embleme of our Kingly Government, which being at first instituted for a firm basis and prop to the body politick, what by the fatall sloath and stupidity of the people, and the industrious craft, and activity of Monarchs was turned topsie turvie, and had got so between heaven and us, that it wholly deprived us of that free light and happinesse which God and nature held forth unto us; and thus in stead of a support was become a burden under the weight of which the whole groaned, nay was almost pressed to death; but thou being a member and sound, canst not but be as sensible of this as I, and for dead flesh and rotten limbs, corrosives, and cuttings are onely proper, it will be weaknesse in me therefore to doubt of the plaudit to the Common-wealth, so farewell till we meet in the book.

Edition: current; Page: [7-074b]

Anglo-Tyrannus, Or the Idea of a Norman MONARCH &c.

FAtall and Bloody have Crowns, and Scepters been in generall to all Nations, in particular to this in England, and that not only in regard of the strife between competitours, who in purple gore deeply dyed their regall roabs, and by the slaughtered carcasses of their Rivals, and partakers, ascended the Imperiall throne, but in respect of the iterated contests between Prerogative, and Liberty, the Kings aiming at uncontrolable absolutenes, the people claiming their Native Freedome.

The verity of this assertion we may see deeply imprinted in bloody Characters, throughout the whole series of English history, yea so deeply, that it may even create an envy in us of the Turkish happinesse, and beget a wish after their bondage, who though they go for absolute slaves, yet cannot shew such dire effects of tyranny, as we and our ancestors have felt and groaned under.

That policy of State (impious and inhumane enough) of destroying the younger Brothers of the Ottoman line, though decried by us and all who write Christians, yet compared with our Monarches politick arts and actings, may Edition: current; Page: [7-075a] seem to have been founded on the advice of their own, and mankinds better genius to prevent the efusion of blood, and deliver millions from the shambles; there a few males of his own Family fall a victime to their Tyrant, when whole Hecatombs can scarse appease the thirsty ambition of an English pretender; ther one house suffers, here none escapes, as but to instance in one contest between Henry the sixth and Edward the fourth, wherein was fought ten bloody battles, besides all lesser scirmishes, thousands of Lords, Gentlemen, and Commons slaine, and one halfe of the Nation destroyed, to set up a King to trample upon the other; for in that quarrell between the Houses of Lancaster and Yorke fell 80998. persons, 2. Kings, 1. Prince, 10. Dukes, 2. Marquesses, 21. Earls, 2. Viscounts; 27. Lords, 1. Prior, 1. Iudge, 139. Knights, 441. Esquiers: this hath been the happiness and peace which a successive, and hereditary Monarchy hath afforded England.

For our liberty, we can indeed shew many of our Kings large, and good deeds, but few or none of their actions, their hands alwaies having been too hard for their Seals, Parchments, and Charters we purchased of them with the price of Millions, both in Blood, and Treasure, but let us but pass by their promises, and view their performances, and we may set aside Turkie, and term England the slave: and this appears in our Chronicles, where though in the Theorie and System the English Government hath been limited, and bounded by good, and distinguishing lawes, yet in the exercise and practic part of every Kings raign, we shall find it deserve as bad a name as others, who are called most absolute. The Poets fable of Tantalus hath been verified in us, who though we have been set up to the chinne in freedom, and have had liberty bobbing at our lips, yet never could we get a drop to squench our thirsts, or a snap to stay our stomacks, this being added to our sufferings, to want in the midst of seeming abundance, and as the vulgar have it, to starve in a Cooks shop, a trick those Lords we term absolute were never ingenuous enough to torment their slaves with.

Were there then no more but this, we might well command Edition: current; Page: [7-075b] those Roman and Turkish Tyrants with a Cede Majeribus, to give place to ours: How much of a punie did thy wish favour dull Caligula, that all Rome had but one neck that thou mightest smite it off at a blow? How short of art doth thy rage fall unskillfull Sultan with a Bowstring or Scymiter to snach life from an offending slave? Behold, and blush you who weare the title of Master Tyrants, at the Norman exactnesse, which hath thought it beneath a Princes anger to give sudden death a quick riddance, and not worth the name of slavery unlesse he can make his vassals feel the lingring effects of his Tyranny: it was not enough for us to be slaves unless we knew it, lest otherwise not desiring freedom, we should not have been so sensible of their power; we must with Erasmus be hung between Heaven, and Hell, that we might see our losse as well as feel it; but yet this was not enough, something must be added to make their Tyranny most exquisite, for we could not enjoy this condition unlesse we paid soundly for it; how many Battles have been fought for a piece of Parchment to instruct us but with our miseries? and how many millions granted to our Kings but to play the Hocus-pocusses and cheat us to our faces.

Happy and thrice happy may England call the condition of Turke, Russe, or Moor, who depending only upon their Tyrants wils, know no Law but their Commands, a head now and then paies the shot there, when two and twenty of the chiefest Lords heads must off at once here, besides thousands of Gentlemen and Commons butchered, for but acting according to those Lawes which their King and his predecessors had an hundred times sworn to grant, and maintain inviolable; as but to instance in the Raign of Edw. 2. omitting the innumerable carcasses of Englands noblest Sonnes, which have bin so often forced to rampire in parchment liberty from the fury of other Tyrant, and as their last wills to deliver a few writen Charters to their sons, who were also to fight, and pay for them as they did, and be as much the better then too as they were: For to sum up all, these our so dear liberties were of no other use than to drein our purses as well as veins, that when Englands generous bloud seemed encreased too Edition: current; Page: [7-076a] to tamely suffer Norman Lords to trample on her upon this pretence it might be let out; or when her Kings wanted mony, they might by these lures draw subsidies to their fists, and so hang them by till the next occasion; but I humbly conceive that if our Ancestors had taken that course a Naturall once did, when he was chosen to judg between a Cook, and a Country-man, and as their Kings fed them with a sight of Liberty, supplied them againe with chinking of money, & have executed justice without respect of persons, they had in all probability diverted those plagues, which the crying sins of oppression and murder have brought down from Heaven upon this Nation. But let us descend from Generalls, and view but the Raign of Henry the third, the very Idea of Tyranny, and exact copie after which all other Kings have writ, especially the last, and we shall not only behold the map of our Ancestors miserie, and folly, but also perceive our own happinesse, and Gods mercie in not suffering us to be deluded and baffeled as they were.

In the midst of the civill flames kindled between Tyranny and liberty, King Iohn expiring, his sonne Henry the third, a child of nine years of age, by the power of William Marshall Earl of Pembrook, and the consent of most of the Barons, ascends the Throne: and here we may observe the unadvised lenitie of the English Lords, who not considering what was bred in the bone would not easily out in the flesh, so easily accepted of the Sonne, though the Father had plaid the Tyrant, and Traitor to the height, giving the Crown to the Pope (he would be a slave himself rather than they should not) trampling upon the people, yea detesting the whole Nation, as his grief because Corne was so cheap when he thought he had wasted al may make out: But Gods time was not come, and he was pleased to set their example to guide posterity from splitting on that Rock, I mean such of them who when they have eyes will make use of them.

But to say the truth they were Lords, whom Kings knew so well to cajole, or at worst set so together by the ears, that they could command them into their traps at list; let but Edition: current; Page: [7-076b] one have that Earldome, the other this Lordship, and their turns were served, others may shift for themselves if they can; besides it was none of their interest to stub up Tyranny by the roots, for then down had gon their branches too; for they knew that when that tree was feld, the Rooks nest, must to ground with it; but we may be silent in this and give experience leave to speak for us.

And yet let us but look a little further than the gilded, and embroydered superficies, and we shall perceive that these Lordlings estate was but even by so much more free, and happy than the Commons, by how much that King of Cypresses condition was bettered, when his Iron shackles and chains were converted into silver fetters: they enjoyed a little more gaudie servitude, and to speak to the capacity of our Countryman were as the Fore-horses in the teame, which though they weare, the Feather, and have the Bels about their eares, yet must draw themselves as well as those that follow; nay and if they did seem unwilling to lead, they were sure to be lash’d by the Royall Carters till the bloud came, and have their gay trappings to boot pul’d over their eares: and this the wise and generous of them knew, and often endeavoured to remedy, but were still prevented by the envy and jealousie one of another, which was created and cast in among them by their Kings, as partly will appeare in the following story.

Henry being thus Crowned at Glocester, and many great Barons daily resorting to his party (moved both by the proud carriage of the Frenchmen, and the confession of the Viscount Melun, That Lewis had taken an Oath, and all his Lords, to destroy the English Nobility) raiseth a great Army, defeateth at Lincolne his enemies, and forceth Lewis to condescend to an accord, depart the Land, and abjure his claim to the Crown, which for two years he had worn over the greatest part of the Land: for Iohn by his tyranny so galled the Peoples neckes, that for ease they were forced to get a new yoke, and elect Lewis, the French Kings sonne, to defend them against his cruelty, such effects wrought the violence of an unruly King, and the desperation of an oppressed people.

3. YeareThe agreement on Henrys part was to restore to the Barons, Edition: current; Page: [7-077a] and people all rights and heritages, with the Liberties for which the discord arose between John, and them, to pardon al that had aided Lewis, and set free all Prisoners of Warre, and to doe this he takes his Oath, or for him the Popes Legat, and Protectour.

4. Year.The Protectour dyes, a man of great wisdom and valor, and who had managed affairs to the great settlement of the State: and the King is again Crowned, and Escuage of 2. markes a Knights Fee granted him in Parliament he promising to confirm their Liberties when he came of age.

8. Year.Henry having gotten some of his Fathers old Counsellors about him, begins to play Rex, and obtains a Bull from the Pope, whereby he was adjudged of age sufficient to receive the Government into his own hands (the power of making & altering times and seasons it seems being then in the Romish Prelats Power) and now sith He would be of age, in the Parliament at Westminster, the Archbish. of Canterbury and the Lords desire him to confirm according to Covenant their promised Liberties. This was impiously oppugned by some (as Princes shall ever find mouths to expresse their pleasures) of his Ministers, who urged it to have been an act of Constraint; yet at last it was promised to be ratified by the King, and so by that usual shift of prolongation was put off for that time, to the greater vexation of that following; for this all his Raigne caused the imbroylments, rendred Him odious to the people, and made him a far lesse King by striving to be more than he was, a just reward of violations.

But this pause turned the bloud, and shewed how sensible the State was, in the least stoppage of that tender veine: For the Lords began to assemble at Leicester, but the Archbish of Canterbury (whom the King by fair words sooth’d into a fools paradice) by menacing excommunication brought them in; the King also to be even with them, demands a restauration of all those things they had received from his Ancestors, and to terrifie them for the future, falls upon the chief sticklers, taking divers Lordships from them, thus were they forced to sit down with losse of both Lands and Liberties, and such of them whose spirits could not brook the sight of the Coutt abusive proceedings Edition: current; Page: [7-077b] secretly to jogge away into the Countrey.

The Royall gamster having dealt so well for himself, yet on the sudden is put to his trumps, yea forced to shuffle, and cut too; Money is wanting to maintain his Wars in France, and this his ranting Counsellours cannot help him too; they who were so high in the last Parliament, are fain now to lower their sails, the Lions hide must be patched up with the Foxes skin, he must promise and do any thing for present cash: A Parliament therefore is summoned to Westminster, and of them a relief demanded,IX. Yeare, but no pennie, without a Pater noster, no money unless their Liberties be confirmed; and now necessity which makes the Old Wife trot, perswades Henry to be so gracious to himselfe as to comply with them. Thus Magna Charta and Charta de Foresta were confirmed, which though purchased before, and then entred upon and possest by the people, yet have been paid for to some purpose if we consider the sums given since, and to little or none if we sum but up the profit our Landlords let us reap by them. Thus the Petition of Right and other later acts were obtained by us, which being acts of grace were to cease when our King pleased to turn gracelesse, which he never did, nor intended to doe untill the first opportunity, wherein a small rub called impossibility might be removed out of his way.

These Lawes thus obtained; downe go the forests, and men repossess their habitations, which the Norman Lords had outed them of and bestowed upon Wild Beasts, yet more inoffensive than themselves, for if Cato have any credit, we must believe Kings to be de genere Bestiarum rapacium, no better nor worse than ravenous beasts, and indeed that undeniable Author Doctor Experience hath by arguments not to be disputed against confirmed that wise Romans assertion; indeed the last of Romans who abhorred to outlive the freedom, and honour of his Country.

And now if we will believe one Writer, the very Doggs rejoyced, being freed from the customary danger of losing their clawes; but though the Gentleman is so sanguine now, yet he afterwards becomes as cholerick, and from playing with, turns to play the very Curre, barking and snarling at Edition: current; Page: [7-078a] all those Lords which stood for these Lawes: O the ridiculous power of slavish flattery, working more than a brutish change in low Souls, making a man out of his own mouth judg himself lesse deserving of Liberty because less sensible of it than a Dogge that will fawne and wag his taile at him who unchains him, whilst he crouches, and licks his fingers who enslaves and fetters him. But take one observation along: That as the Norman Conqueror first appropriated all old Forests, and dispeopled places to make new ones, and still when any parcell of Liberty was regained, those Forest Tyrannies were diminished; so now when that Norman yoak is thrown off our necks, Forests and Parks are broken open with it; a certain signe that tyranny is expired now that its pulse is ceased in the main Arterie. Thus the Historian reports the Grove of Bayes dyed, which was planted by Augustus, when Nero was executed, in whom ceased that proud, and bloody Family.

10. Year.Another Parliament is called, wherein nothing was done by reason of the Kings sicknesse, but only the Legats unreasonable demands denyed, the Pope being become more than quarter-master in England, by the Kings good Fathers means; in this year also the Londoners were fined 5000 marks, and the Burgesses of Northampton 1200 pounds (for their former aiding Lewis) contrary to the Oath and Pardon passed at the agreement, as the Prelates were before, who were made to pay such large sums that the Legat got 12000 marks for his share.

11. Year.A Parliament is summoned at Oxford, where the King declaring himself to be of lawfull age, assumes the power of Government to himself; this he had done before by the Popes Bull, but it was requisite for his design to grow child again, and the Pope was contented to have his Bull turn Calf to help his Son, whom he knew might make him amends; and now to shew what metall he was made on, he cancels and disanuls the Charters as granted in his nonage, and so of no validitie. Here we may behold the wretchless impudence of these Royall Creatures, he that had before in the eighth year of his Raign, made himself of age for his Edition: current; Page: [7-078b] own ends, yet now is not ashamed upon the same score to pretend nonage in the ninth year, wherein he confirmed both the Charters: Thus if the King say 8. is more than 9. the people must believe it, for it is treason no doubt to question their Soveraignes words or actions, and Rebellion to chop Logick with him,

And now this cancelling having annulled all hopes of a subsidie, He hath a new shift to drain the peoples purses, by making a new Seal, and forcing all which held any thing by the old to renew their Patents, fining at the pleasure of the Chief Iusticiarie, not according to their ability; It seemes the Old Seal was under age too, and for this he had a Bul, but whether from the Pope, or somebody else, is the question.

These perfidious and oppressive courses so incense the people, that the Lords appoint a Randezvouz at Stamford, intending it seems to bait these Buls, & by force to keep them from goring. The King is startled at this news, hearing his Brother the Earl of Cornewall was also joyned to them, and by feare brought to promise a redresse, and so pacifies them at Northampton, and buyes his brother to side with him, with his mothers Dower, and all the Lands in England belonging to the Earl of Britain, and late Earl of Bullogue. These are the uneven paths which necessity forces Tyrants to stagger through, scraching up here, and leaving a piece there, using the Rake with this hand, and the Fork with that; Peter must be rob’d to pay Paul; these pilled and polled, to bribe the other: but these shifts will be quickly thredbare, by which, what is got in the Hundred is loft in the Shire.

13. Year.The King having bound himself, by his Procurators at Rome, to the payment of Tenths, it seems the Pope would not do a job of journeywork for nothing, cals a Parliament that the Legat might demand them; but though the Legat was impudent enough to ask the question, yet the Laity were so modest as to deny him; the Clergy being over-reachd by Segrave one of the Kings Counsell consented, and found a very hard bargain of it; for the ravenous Legat exacted them at a set day, and those that miss’d it, were sure to be hit home with an Excommunication. Thus between the Lyon and the Edition: current; Page: [7-079a] Wolf, the Flock went to wrack; for no doubt but the King had a feeling in the cause, or his Counsell would never have beene so diligent in the businesse;14. Year. but all this would not do, he therefore exacts great summes of the Clergy (whom the Pope could rule and would, it being his turn now) and the City of London for redemption of their liberties, (an excellent way to make them free, for they seldom are so of themselves, yet have they given down largely in this Cause, to their Honour be it spoken, and may they be so moderate as not to kick over the palle in the upshot) and forces the Iews to pay the third of all their moveables to maintain his Warres he then began in France, whither he goes, leaving them to pray, that he might deal more Christianly with them for the future.

15. Year.But his evill gotten goods thrived not, and the King, besides an infinite expence of treasure, having lost divers Nobles and valiant men, without any glory returns home, bringing with him the Earle of Britaigne, and many Poictovins, to suck up what could further he wrung from the poor people of England: and in order to this calls a Parliament, wherein upon pretence and promise of sending supplyes into Spaine against the Saracens, he obtains a fifteenth of the Laity, and Clergy, but the Popes turn it seems was come, who falls a cursing all that had any hand in with-holding Tithes from those multitudes of strangers which he had preferr’d to benefices, and the King makes a strict inquisition after them, & forces them all to runne to Rome for absolution of this horrible sin of resisting his Pastors in the main work of their Ministery, few of them having more English than would serve to demand their tithes but it was enough with the Pope they had that, whose special care was to see the Flock might be fleec’d, for teaching, that might have spoyl’d devotion to Rome, which ignorance is the surest Nurse too: a strange way to Heaven that the blindest hit best. Christs servants are the Children of Light; Sure then his Holinesse must be Vicar to the Prince of Darknesse, whose best Subjects see least.

16. Year.A Parliament also is called at Westminster, which expecting deeds from him, before they would do any thing, and he not Edition: current; Page: [7-079b] being poor enough, nor so shiftlesse as to fall to mending so soon, breaks up with a flat denyall of any money: Hereupon by the advice of the Bishop of Winchester, sith the Parliament was so drie, he fals to squeeze his own Spunges, and amongst the rest his darling Hubert de Burgh Earl of Kent, and his Chief Iusticiarie feels the weight of Kingly kindnesse, which loves a man so long as he is usefull; but if any advantage shall accrue, it is very stebellion should affection be so saucy as to plead privilege against Royall profit, and now kenning of Kingcraft, for Kings to be more nice than wise. O the wretched estate of that man, who to curry favour with a Tyrant, cares not how he acts, nor what he does! aside he is thrown so soon as his great Master hath served his turn on him, and being down is sure to be trampled on to some purpose by the enraged people, who in the servants misery seek a recompence for the Masters tyranny; and this hath been told us by a King and Prophet long ago, Put not your trust in Princes, men of high degree are a lye. And now the Bishop of Winchester is the Court Minion, but as he tript up the Earl of Kents heels: so will he be laid on his back shortly, and the same noose he made for others, will catch the Woodcock himselfe ere long; who was returned from the Holy Wars abroad, to begin it seems wicked discord at Home: for he shewing the king, that Foraigners were the only journey-men to drive on his trade of Tyranny, and fittest instruments to keep the English in slavery, causes him, who for his own ends cared neither whom nor what he made use of, to displace all the chief Counsellors, and Barons of the kingdom, and to bestow all places of concernment, either Military or Civill, on strangers.

These strains of so strange and insufferable violences so exasperate the Nobility, that many combine for defence of the publique, and the Earl of Pembroke in all their names tels the King how pernicious and dangerous these courses would prove, whom the Bishop of Winchester insolently answers, That it was lawfull for the K. to call what strangers he would to defend his Crown, and compell his proud & rebellious Subjects to their due obedience, that is, tame slavery; The Lords netled with this Prelats peremptorinesse, which the King bore Edition: current; Page: [7-080a] him out in, depart with more indignation, vowing to spend their Lives in this cause concerning their liberties so much, hereupon the K. sends for whole Legions of Poictovins, & then summons them to appear in the Parl. called on purpose to intrap them, but they were so wise as to avoid the snare, & so resolute as to send him word, That unles he would mend his manners, by the common Counsel of the kingdom, they would expell both him and his evill Councellors the Land; But all this avayled them not, for upon their refusall to repair to him at Glocester, the King without the judgment of his Court, or their Peers, causes them to be proclamed Out-Laws, seizes upon all their Lands, which he divides among his Poictovins (the Ianisaries that guarded and boulstered out this Grand Sultan and his Visier Basha Winchester in their tyrannies) and directs out Writs to attach their Bodies.

But now give me leave a little to digresse, and shew how our bloud-hounds have run counter on the same foile, have acted the most of this seene in our dayes. For thus, though our King wanted not so great a stock of strangers to set up with, there being so many base spirited Englishmen, which would be instrumentall in enslaving their Countrey, a thing our noble and generous Ancestors abhorred to do; yet German horse were to have bin brought over to help to improve the Trade, and lye for factourage of Tyranny in every County. Thus the Earl of Strafford tels the King he had an Army in Ireland, which might be brought over to bring England under the yoak, a Counsel which cost the Giver his Head; Thus were Swedes, Danes, French, Scots, Irish, and Dutch sent for over, and invited by the King to help him. Thus the Members were illegally proceeded against, the Lords summoned to York, and the Parliament commanded to Oxford, and all that refused handled without mittens, their Estates being conferred on those who would engage for Tyranny, and themselves proclamed Traytors and Rebels, indeed these things considered, it was no marvell God was so often called to witnesse, that Tyranny was not intended, and impiety used to create credulity, God mocked that men might be abused, sith no reason could be given to gain our belief, and make us give our own eyes the lye.

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The Lords though much weakned by the revolt of some of themselves (the King having won the Earl of Cornwall, and Winchester with a thousand marks bought the Earls of Chester, and Lincoln to his party) repair into Wales, at that time very sensible of their oppression and the Earl of Kent, to cry quittance with the K. and make amends for his former faults, breaks prison and joyns with them: hereupon the K. in person marches against them, but he is beaten, and forced to retreat with dishonor to Glocester, his Foraigners also being again sent against them runne the same chance, their Generall and thousands of them being slain on the place, being frustrated therefore in his design of force, the King employes a Fryer to cajole the Earl of Pembroke, General of the Forces raised by the Barons, but all the flatteries, promises, and threats of that crafty instrument, could not shake the constancy of that Noble Lord, who gallantly told him, That he feared no danger, nor would ever yeeld to the Kings will, which was guided by no reason; that he should give an evill example to relinquish the justice of his Cause, to obey that will which wrought all injustire, whereby it might appeare be loved worldly possessions, more than Right and Honour. Thus the promise of restauration of his former estate, with the addition of great Lands in Herefordshire, nothing prevailed with him, in whose heroik Mind Honour and his Conntryes good were Commanders in chief.

No way therefore now being left but that, the King tryes what may be done by Treachery, and takes a truce with them: in the mean while seizing all those great possessions which were left the Earl in Ireland, by his famous Ancestor the Earl Strongbow, that thereby he might draw the Earl over thither; this design takes effect, and the Earl endeavouring to regain his livelihood lost his life circumvented by treachery. Thus noblest souls are soonest intrapt, who measuring others their own thoughts are the least suspicious; but his death wrought such effects as caused the King to disown the businesse, and lay the load upon his Counsellors shoulders.

19 YearIn a Parl. at Westminst. the King being plainly told his own the Bishops threatning to proceed by Ecclesiasticall censure Edition: current; Page: [7-081a] both against him, and his Counsellors, and seeing no way to subsist and get his ends but by temporizing, consents to them, calls home the Lords, removes the strangers, and brings his new officers to account; now the storm fals so violently, that Winchester with his Bastard are forced for shelter to take Sanctuary, untill by large Fines the King was appeased, who to get money was very ready to doe any thing.

20. Year.Escuage is granted toward the marriage of his Sister, whom he bestowed on the Emperour with 30000 marks for a Dowry, besides an Imperiall Crown, and other Ornaments to a great value.

21. Year.The King marries Elianor, Daughter to the Earl of Provence; a match which beside the distance of the place, was infinitely disadvantagious, having no Dowry, getting a poor kindred, which must needs draw means from this kingdome.

A Parliament also is assembled at London, (which the King would have held in the Tower, but that the Lords refused to come) in which Sheriffs were removed for corruption, and the new ones sworn to take no bribes: Now the King endeavours to change his officers, and to take the Seale from the Chancellor, the Bishop of Chichester; who refuses to deliver it which he had by the Common Councell of the kingdom, without assent of the same, and having carryed himself unblamably in his office is much favoured by the people. Also he receives some old cast officers into favour, such was his levity and irresolution, moved with any Engine to doe and undo, and all out of time and order, wherein he ever loses ground; and goes about by the Popes Authority to revoke his former Grants, which addes to the already conceived displeasure of the people.

22. Year.In another Parliament, or the same adjourned, the King demands relief, and upon promise to confirm the Charters, and not seek to infringe them upon any pretence, as want of the Popes confirmation, &c. a thirtieth part of all moveables is granted yet upon condition that it should be gathered by four Knights in every shire, and laid up in Abbies or Castles, that if the King performed not his promise, it might be returned, that he should leave the Counsell of Aliens and Edition: current; Page: [7-081b] use only that of his Naturall Subjects. Which being done, and to make shew on his part, some old Counsellors suddenly removed, and others chosen, which were sworn to give him good and faithfull advice (yet I hope he had a Negative voice, and might chuse whither he would hearken unto them and be no King or no?) the Parliament concluded, and with it ended all his goodly Promises.

For he presently hastens to Dover, receiving a Legat without acquainting the Lords with the cause of his comming, exacts the Subsidie contrary to order, is wholly swayed by the Counsell of his Queens Vncle an Alien, sends for his father in Law to help away with his monie, marries Simon Mountford to his sister the Widdow of William Earl of Pembroke, a professed Nunne, and of a banished Frenchman makes him Earl of Leicester: But the Legat and Earl of Leicester proved better than was expected (no thanks to the King, who doubtlesse was no Prophet) the one endeavouring to pacifie, not soment divisions, which before was held a property inseparable from his office; The other becomming amost earnest assertor of the English Liberties, as the Sequele will manifest.

The Lords incensed with these perfidious and tyrannous dealings, Remonstrate against him, and tell him of the profusion of his Treasure, gotten by Exaction from the Subject, and cast away upon strangers, who onely guide him, of the infinite sums he had raised in his time, how there was no Archbishoprick or Bishoprick, except York Lincoln, and Bath, but he had made benefit by their vacancies, besides what fell by Abbyes, Earldoms, Baronies, and other Escheats; and yet his Treasure which should be the strength of the State was nothing encreased. Lastly, That despising his Subjects Counsels he was so obsequious to the will of the Romans, that he seemed the Popes feudary: the King hearing this harsh note, and perceiving the Londoners and whole people ready to rise against him, first by the Legat attempts to win his Brother, now the head of the Lords party,23. Year. to side with Him, but failing in this he cals a Parliament, whether the Lords come armed: Whereupon to gain time, the businesse is referred Edition: current; Page: [7-082a] to the order of certain grave personages, Articles drawn, sealed, and publikely set up with the cals of the Legat and divers great men, the King taking his Oath to stand to their determinations: but whilst the businesse was debating, he corrupts his Brother, and the Earl of Lincoln, whereby the Lords are weakned, the businesse is dash’d, and the miseries of the Kingdom continued.

24. Year.Simon Montford is thrown out of favour, and the Seal taken from him, and his brother Geoffrey a Knight Templer, put out of the Counsel, Men much maligned, as evil Counsellors, so inconstant are Tyrants in their favours: they lost their places for refusing to passe a grant of 4 pence upon every sack of wool made by the King to the Earl of Flanders the Queens Vncle, to whom the next year he gave a pension of 300 marks per annum out of the Exchequer: and here by their dejection we may observe, that Officers under bad Princes are not alwayes so bad as men account them, and that when the Master playes the wreaks, the servant bears the burden.

But it seems one Gulph sufficed not to swallow up the substance of the Kingdom, and therefore the Pope adds extortion to the Kings exaction, and sends to have 300 Romans preferred to the next vacant benefices in England, which mandate so amazed the Archbishop of Canterbury, that seeing no end of these Concussions of the State, and liberties of the Church, he gives over his Sea, and payes 800 marks to the Pope for his Fine: We need never doubt sure but that they paid well for it who were to have it, when so much was given by him that left it. He demands a tenth also of the Clergy; who flying to the King for protection against the Popes rapine, were referred to the Legat: yea and the chief of them offered to be delivered up unto him by the King, who joyned with the Pope we may see to aw and punish the Kingdom: and though they in the Councell then called stood out for a while against the Legat, yet at length by the Treason of division, the body of the Councel is entred into, and the Pope prevails in this businesse.

Neither was Pope, and King enough, the Queenes kindred must have a share, one of whose Vncles comes into Edition: current; Page: [7-082b] England, is feasted sumptuosly, Knighted, and the Earldom of Richmond with other gifts bestowed on him, and the Arch-Bishoprick of Canterbury conferred on his Son; but the poor Jews fasted for this, who were forced to pay 20000 marks at two Terms that year.

25. Year.The King being set agogg to be doing in France, by his Father in Law and others, the authors of his first Expedition, summons a Parliament, and moves the matter therein; but it was generally opposed as a design not feasible and expensive, besides the unlawfulnesse of breaking Truce; Money also was denyed, though the King came in person most submissively craving their aid, with a letter from the Pope to boot in his hand. Neverthelesse, what by gifts and loans from particular men, by begging and borrowing, he scraped so much together, that he carryed over with him 30 barrels of Sterling Coin, and yet before the end of the year he got Escuage toward his charges, which he lay spending at Bourdeaux to little or no purpose.

He sent for Grain & Bacon, & had 10000 quarters of Wheat 5000 of Oates, and as many Bacons shipt away,27. Year. most of which perished by Ship-wrack, the very Elements seeming discontented, as well as the English Lords at his unworthy carriage in undervaluing their Counsels, and preferring strangers, upon whom he consumed his treasure in such sort, as caused his Brother and most of the English Lords to desert him and come over, the wiser they, for the Earl of Leicester and others which staid behind, ranne behind hand too as wel as the King, by borrowing large sums to defray their expences; at last He was driven to make a dishonorable Truce with the French King, and return, having not gained so much as 30 emptie barrels were worth.

The Stangers having made up their mouths of him abroad, follow him hither also, so greedy were these Harpies after prey, and so easy and ready was he to be made one to them: and now the Countesse of Provence the Queens Mother bringing another doughter with her arrives at Dover, is sumptuously entertained, and sent away richly rewarded; her daughter being immediately bestowed on the Earle of Edition: current; Page: [7-083a] Cornewall, who it seemes had as good a stomack to forraigne flesh as the King his brother, that he could fall too so soone without sauce; but the Earle was well beforehand in the world, and so might the better dispence with the want of a portion.

Next slips in Martin the Popes collectour, furnished with such ample power of cursing, suspending, excommunicating, pardoning (having whole droves of blanke Bulls which might be filied up according to occasion) and all other accoutrements belonging to, and necessary for St. Peters successors trade, which was fishing for money not men, that the former Legats were but fleas if compared with this horse-leech, who sucketh so sorely, that the King, what to pacifie the people, and what for fear nothing would be left him, should this cormorant fish on, humblie beseeches the Pope, that Fleece, Skin, Flesh and all might not be torn away, and nothing but the Bones left him for his fees, but he might have had as much kindnes of a Wolfe for a good word, and as soon have kept that hungrie Beast from the folde by a Petition, as his Holinesse, who though he appeare in sheeps cloathing, hath the wolfes conditions, and is onely to be hunted or cudgeled from worrying the flocke.

No doubt this tender hearted Vicar had such a care of their soules, that regarding neither his owne, nor their bodies, he endeavoured to begger them if possible, in hopes that being poore they would receive the Gospell; and in truth next unto Gods goodnes, the Popes wickednes was the meanes of this nations receiving the truth, who by his pride and covetousnesse caused Henry the 8th (a King as proud as he for his heart, and in more want for his purse) to kick him out, which was the first step to Reformation of Religion.

Yet though the King could obtain no redress of the Pope, he prevails with him to lay on more loads, getting Letters to the Lords Spirituall and Temporall to help him to money in the Parliament now assembled at Westminster, which notwithstanding the Kings personall, and Popes literall entreaties, will grant none untill he give assurance of Reformation, Edition: current; Page: [7-083b] and the due execution of Lawes; they require also that 4 Peers should be chosen as conservators of the Kingdom, which should he sworn of the Kings Counsell, fee Iustice observed, and the treasure issued out; That the cheife Iusticiar and Chancellor should be of the four, or chosen by the Parliament, together with two Iustices of the Benches, two Barons of the Exchequer, and one Iustice for the Iewes, that as their function was publike, so might also their Election be: but as the Devill would have it (sayes one) the Popes Nuncio spoyls all by demanding money of them towards the Popes Wars against the Emperour, a Son in Law to England, having married one of her Daughters; thus was not the Pope ashamed to demand money for the King, but to sing the second part to the same tune in the same Parliament, on his own behalf; an impudency so monstrous, that we might well question it, came it not from that strumpet of Rome; and seting aside doctrine, by practice we may easily perceive, who is meant in the Revelation by the Whore of Babylon; but the peremptory demand received an absolute repulse, & the Pope could get nothing, but they granted Escuage, towards marriage of his eldest daughter, to the King, twenty shillings of every Knights fee.

The King also upon a light occasion makes a great and expensive preparation against Scotland, and the Earl of Flanders thirsting after his money comes over with a ragged Regiment to help, whose unnecessary presence was nothing acceptable to the Barons, as if the strength of England could not be sufficient without him for that action, which was as suddainly ended as undertaken, by a faire conclusion of peace.

29. Year.The King assembles another Parliament, which would grant Him no more money, though he told them his debts were so great that he could not appear out of his Chamber, for the clamour of those to whom he owed money for his Wine, Wax, and other necessaries of his House, hereupon he falls to other violent courses, and first he picks a quarrell with the Londoners, and makes them pay 15000 marks for receiving a banished man into their City, notwithstanding they Edition: current; Page: [7-084a] produced his pardon under the great Seal, which they were told was purchased when the King was under age: Thus, because the Lyon would have it so, the Asses ears must be horns, well fare the Fox therefore which had the wit not to come to Court.

Observe here the happy estate of our Ancestors under Monarchy, who, if they gained but this advantage (though attended with many inconveniences and mischiefs, incident to all Nations in their Kings minority) of receiving a few good Grants, and enjoying a pittance of Freedom, once in 4 or 5 ages when their King was too young to play Rex, and there hapned a wise and honest Protector; yet were sure to pay through the nose for it afterwards with double and treble interest for forbearance.

Then employes one Passeleave in a peremptory Commission to enquire of all Lands which had been dis-forested, and either to fine the occupiers at pleasure, or take them from them, and sell the same to others, if they would give more for them, and in this such rigour was shewn, that multitudes were undone, yet Passeleave should have been preferred to the Bishoprick of Chichester for his good service, had not the Bishops opposed the King therein.

Thus have we not seen with our own eyes, whole Counties almost to be challenged for Forest, and our selves like to have been forced to purchase our own estates from Charles, to save our habitations from becomming the places of Wilde Beasts?

The Lords also making bold to open the Popes packet to Martin, found therein such vilany, that the Nuncio was forthwith commanded out of the Land, who so basely had behaved himself, that he both needed, and yet could hardly obtain a safe Conduct to preserve him from the violence of the enraged people; and now the King being incensed also at the Popes oppressions, or at least seeming to be so, sith his cheats were made publike, the Parliament make use of the good mood he was in, and lay before him, how that Italians Revenues in England, amounted to sixtie thousand marks yearly, besides the Popes Exactions, which so moved him that he Edition: current; Page: [7-084b] caused all to be notified, & by Commissioners sent to the Generall Councell at Lions demanding redresse; which together with Martins usage, so vexed the Pope, that he endeavoured to set the French King upon his back.

In the Parliament holden at Westminster,30. Year. upon the Popes rejecting the Consideration of these grievances, and despising the Kings Messages (saying, that he began to Frederize) it was Enacted and Ordained, under great penalty, That no Contribution of money should be given to the Pope by any Subject of England, and the same confirmed in a Parliament at Winchester, and another at London: The King also bustles against the Popes Exactions, in such sort that it gave hope of redress; but this heat was soon clull’d by the Popes threats, of so irresolute and wavering a nature was the King, Woman-like, giving over what he manfully undertook; but this may seem to confirm what was hinted before, that what he did was rather out of policy to delude the people (whose rage was risen so high, that he fear’d to meet it) than a just sence of their misery, who in all things else which stood with his humour or advantage was more than enough stubborn and stiffe.

And now the Pope having given, or rather taken the foile, continues his former rapine, yet fearing if he kicked too hard, he might be thrown out of the Saddle, he seems openly to surcease, and promises never to send any more Legats into England, and underhand effects his will by other Ministers, termed Clerks, who had the same power, though a different title, the former being too eminent for his clandestine transactions, which the King furthers him in all he can, so cordiall was the reconcilement, which shewes it was not effected by fear.

And to give them their due, both play’d their parts very dexterously (if the term may be proper for a sinister practice). The Pope ranting as high in the Counsel, as the King vapoured in the Parlament, saying, It is fit that we make an end with the Emperour, that we may crush these petty Kings; for the Dragon once appeased or destroyed, these lesser Snakes will soon be trodden down. But had he thought Henry one in earnest, he would not so soon have received him into his bosome.

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31. YearPeter of Savoy, before made Earl of Richmond, comes over again, (it may seem the King by his pretended forwardnes against the Pope, had got some money) bringing with him young wenches out of Provence, which were married to Noblemen, who were the Kings wards, as to the Earls of Lincoln, Kent, &c. and to be sure Peter lost nothing by such bargains, though the Nobility were abused in a barbarous, and tyrannicall manner.

32. Year,Comes again the Countesse of Provence, who lost nothing by the voyage, though she had delivered Provence and sixteen Castles as a dowry with her Daughter, married to Charls the French Kings Brother, unto the French, contrary to equity, (the Queen of England being the eldest Daughter) and Covenant too, having promised it to the King, and received for five years 4000 marks annuall pension in consideration of the pact; so fatally infatuated was this King, that he cared not how he lavished out upon such cheats, what he scrued and wrung from his Subjects.

And besides Thomas of Savoy titular Earl of Flanders, who came over with her, three of the Kings half-Brothers are sent for over to be provided of Estates in England, which it seems he intended to divide between his own and his Wives beggarly kindred; & truly by this Kings actions a man would guesse he thought he had been set up onely to impoverish his Subjects, and enrich Aliens; and as he, so almost every King plaid their prizes, the only difference being that strangers were not alwayes the objects of their profusenesse; yet King James imitated him in every circumstance, who gave away so fast unto Scots the English Lands (and they to relieve their penury fell’d the woods so lustily) that for ought could be guessed, Trees would have been as thin here as in Scotland, had not the Lords, by money, hyred his jester Green to give a stop to his Carriere (they themselvs not daring to give check to the Magisteriall Scot in his vanity) by making a Coat with Trees and Birds on them, and telling him, questioning and wondering at the humor, That if the Woods were fell’d so fast by his Countrey men a little longer, Birds must perch upon Fools Coats, for no Trees would be left them to sit upon: Edition: current; Page: [7-085b] Thus also was the Lord Cobham and Sir Walter Rawleys estates conferr’d on favourites; and they made Traytors, that Court Hang-bies might be made Lords and Gentlemen; and to say the truth, in this point, all or most of our Monarchs have so behaved themselves, as if, with the Countrey fellow at Doctors Commons, they thought England was dead detestable, had made them her executioners, and they were come to the Crown to diminish her goods.

But to return where we left. Henry was so lavish, and his Guests so unwilling to seem unmannerly, and refuse his kindnesse, that his baggs were now become as empty, as his barrels were before; A Parliament therefore is summoned at London, and money demanded; but they put him in minde of his Guests, and besides sharply reprehended Him, For his breach of promise in requiring another aid, having vowed and declared, upon his last supplie, never more to injure the state in that kinde; for his violent taking up of provisions for diet, wax, silkes, robes, but especially wine, contrary to the will of the owner, whereby Merchants will withdraw their Commodities, and all Trade and Commerce utterly ceases, to the detriment and infamy of this Kingdome; That his Judges were sent in Circuit under pretence of justice to fleece the people: That Passeleave had wrung from the Borderers on Forests vast sums of money, they wonder therefore he should now demand relief from the impoverished Commons; They advise him to pull from his favourits, inriched with the Treasure of the Kingdom, to support his prodigality, sith his needlesse expences amounted to above 800000 l. since he began his destructive Raign. (postquam Regni cæpit esse dilapidator) thus plainly durst our generous Ancestors tell a Tyrant his own to his teeth. Then they reprove Him, For keeping vacant in his hands, Bishopricks, and Abbeys, contrary to the Liberties of the Church, and his Oath taken at his Coronation. Which it seems was judged more than a Ceremony in those dayes, though in ours, the contrary hath so falsly, and impudently been asserted. Lastly, They generally complain, for that the chief Iusticiar, Chancellor, Treasurer, &c. were not made by the Common-Councell of the Kingdom, according as they were in the time of his magnificent predecessors, & Edition: current; Page: [7-086a] as it was fit and expedient; but such advanced as followed his will, in whatsoever tended to his gaine, and sought promotion not for the good of the Kingdom, but their own profit.

Here we may observe that it was no new doctrin, which our Parliament in the beginning taught us, but that it was practised, as well as thought fit so to be, by our Ancestors, though the Royall Pen-men in their Declarations boldly and publickly avowed the contrary.

With this reprehension the King was netled, as his speech the next Session makes out, for though he promised amendment they would not beleeve him, and therefore prorogued the Parliament till Midsummer, that they might see whether he would be as good as his word. (We must know Kings were not grown so impudent and daring then, as to dissolve Parliament at their own pleasures.) But he mended like sour Ale in Summer, his heat it seems increasing with the Seasons, and in the next Session, with an Imperious and Magisteriall brow thus expostulates with them, Would you curb the King your Lord at your uncivill pleasure, and impose a servile condition on him? will you deny unto him what everyone of you as you list may doe? it is lawfull for everyone of you to use what Counsell, and every Master of a Family to prefer to any office is his house whom he pleases, and displace again when he list, and will you rashly deny your Lord the King to do the like? Whereas servants ought not to judge their Master, and Subjects their Prince, or hold them to their conditions. For the Servant is not above his Lord, nor the Disciple above his Master; neither should he be your King, but as your Servant, who should so encline to your pleasure. Wherefore know I wil yeild to none of your desires.

A brave ranting speech, yet I hope it will not be denyed but they were evill Counsellors, which put this into that Kings mouth, though they have been, who penned the late Kings Declarations, which were so like this speech, as they could not be more, though Charls his Declarations had been spit out of Henries mouth; in both we may perceive the humour equally proud in the Kings, and jointly mischievous in their Counsellors, the first accounting their Subjects but their slaves, the second making themselves such to curry favor with Edition: current; Page: [7-086b] their Lordly Masters; for let what palliations or disguizes soever of evill Counsellors be made to cover the shame of evill Princes, wise men know, and it hath alwayes been found by experience, that the Tyranny of the Kings, bears the first, and the slavery of the instruments but the second part, in the causality of the mischiefs, and that these Lions rampant, wil make use of none but Asses couchant, which are most willing, as wel as most able, to bear the load.

Thus Henry he heaps his favours upon Strangers most, because they were aptest to serve his turn; and thus many in our dayes have been preferred and inriched, not because the King loved Laud, Wentworth, Buckingham, Denby, &c. better than others, but because these were the fittest instruments to drive on the trade of Tyranny.

But to the story. Henry would have money, and the Parliament would have a redresse of grievances, which his speech absolutely denyes they should, and so they break up in discontent: but though his stomach was so high, his purse was so low as he was forced to sell his plate, and jewels of the Crown. We see here that the late King had a President for what he did, and a very goodly one too; but what will not Princes devoted to Tyranny sacrifice, to obtain their lustings? give, pawn, sell all they can lay their clutches on to carry on their design, which being accursed, and abominable, none will be subservient to, but they will be soundly paid paid for it: and truly these slavish wretches buy their Gold too dear, selling their fame, together with their honesty for a little trash, which commonly is torn from them by the hand of justice, which makes them behold the losse of all they accounted and purchased so dear, before it puts out their eyes by a shamefull death: no marvell therfore Tyrants are so beggarly, being forced to hire their journymen at such high rates.

He sends his letters Imperiously deprecatory to aid him with money, which with much grudging they do,33. Year to the sum of 20000l. having the Christmas before required New-years gifts of the same Londoners, in hope (no doubt) but to get some of his plate and jewels again, which they had bought of him a little before: Also by calling the Nobles and wealthiest Edition: current; Page: [7-087a] persons apart, he scrapes up something; yet when the Abbot of Borrough denyed him a 100 marks as he required, he told him it was more Charity to give an alms to him, than to a Beggar that went from dore to dore; to this lownesse had his profuse and tyrannicall courses exposed him.

The Iewes also were fleeced by the King again, of whose sufferings we may take a guess, by what one of them protested upon the faith he owed to his law to be true, to wit, that the King had within 7. years space taken from him thirty thousand marks in Silver, besides 200 in Gold given to the Queen.

And the Londoners, in requitall of their bounty, forced to shut up their shops, and keep St. Edwards Fair 15 dayes together at Westminster, in a very wet and dirty season, being also fined 1000 marks for beating some of the Kings Servants who came and reviled them, as they were at their sport of running at the Quintan: Thus his very Servants were willing to be beaten, that their Master might get money by it.

35The Monks of Duresme refusing to preferre his halfe Brother to that Bishoprick, he goes to Winchester to make sure of that by his presence for him: where entring the Chapter-House, he gets into the Chaire, begins a Sermon, and takes this Text, Iustice and Peace have kissed each other; which he thus handles. To me, and other Kings belongs the rigor of justice; to you, who are men of quiet, and religion, peace; and this day I hear you have for your own good been favourable to my request: Justice and Peace hath kissed each other. Once I was offended with you, for withstanding me in the election of your late Bishop, but now I am friends with you for this and will both remember and reward your kindnes. As by a woman came destruction into the world, so by a Woman came the remedy: I to satisfie my Wife, and prefer her Uncle, disquieted, and damnified you: So now to advance my Brother by the Mother, will reconcile my self to you, &c. Thus went he on blasphemously wresting and abusing Scripture: yet could not the Geese beware when the Fox preached, for he gains his desire, and that Chair was more propitious to him, than the Speakers was to Charls, Edition: current; Page: [7-087b] into which, in imitation of Henry, he violently thrust himself.

At York the marriage of his Daughter with the King of Scots, was solemnized in the height of riot, and lavish expence, to recruit which, the King is forced to find a new shift to get money; He will needs take the Crosse upon him, and away to the Holy Wars, and to carry out the businesse the more impudently, takes his Oath, laying his right hand on his breast, and after on the Book, to perform the journey; Which all knew was pretended onely to get Cash: and now his good friend at need the Pope, with a great deal of gravity, ushers on the Imposture, granting him a tenth of both Clergy and Laity for three years; which had it been collected, would have amounted to six hundred thousand pound: A summe which might have afforded him a large Bribe for a dispensation.

36. Year.A Parliament is called to London about this tenth, which was denyed by all, this put the King in such rage, that he drave all out of his Chamber, as if he had been mad: but comming to himself again, he falls to his old trick of dealing with them apart, and first sends for the Bishop of Ely, who plainly telling him He neither could nor would goe contrary to the whole State, and diswading him from the journey, by the example of the King of France, on whom they might see the punishment of Got to be faln for his rapine, made on his peoples substance, &c. drove him into such a passion, that he commanded the Bishop to be thrust out of dores.

Being thus disappointed by the Parliament, he fals to his former violent courses, and maintenance of his strangers in all their riots and oppressions, insomuch that it was the generall exclamation, Our Inheritance is given to Aliens, and our houses to strangers: but we shall perceive the oppressions then on foot, if we consider but what was told the King by divers to his face.

The Countesse of Arundell being harshly denyed, by the King about a Ward detained from her in regard of a smal parcell of Land held in capite, which drew away all the rest, thus spake, My Lord, why turn you away your face from Iustice, that Edition: current; Page: [7-088a] we can obtein no right in your Court? you are constituted in the midst betwixt God and us; but neither govern your selfe, nor us discreetly as you ought; you shamefully vex both the Church and Nobles of the Kingdom, by all means you can. To which the King floutingly answered, saying, Lady Countesse, have the Lords made you a Charter, and sent you to be their Prolocutrix? She replyes, No Sir, They have not made any Charter to me; but the Charter which your Father and you made, and swore so often to observe, and so often extorted from your Subjects their money for the same, you unworthily transgresse, as a manifest breaker of your faith: where are the Liberties of England so often written, so often granted, so often bought? I, though a Woman, and with me all your naturall and faithfull people, appeal against you to the Tribunall of that high Iudge above, and Heaven and Earth shall be our witnesse, that you have most unjustly dealt with us, and Lord God of revenge, avenge us. Behold a generous and knowing Lady, it was the sufferings of her Country, not her self (of which we find no mention) extorted this true and resolute complaint from her. Vpon the ruines of Henries fame, hath Isabell raised an eternall trophie of her Vertue, which shall stand conspicuous in English History, so long as any memory of England remains.

Thus the Master of the Hospitallers tels the King, saying, he would revoke those Charters and Liberties inconsiderately granted by him and his Predecessors, and for it alleging the Popes practice, who many times chashiered his Grants. So long as you observe Iustice you may be a King, & as soon as you violate the same, you shall leave to be a King A Truth more Sacred than his Majesty could be, and not to be violated for the sake of millions of Tyrants.

But above all for wonder, is that of the Fryars Minors, who returned a load of Freeze he sent them with this Message, that he ought not to give alms of what he had Rent from the poor. Indeed obedience is better than sacrifice, but had this conscience been used by all the Romish Clergy, their bellies had been leaner, though their souls might have got by it their temporalities lesse, though their spirituality more; and this act deserves an Euge to these, though it create an Apage, to others, & Edition: current; Page: [7-088b] rises in judgment condemning those great Clergy men, who have been lesse than these Minors in Conscience and Honesty.

At last, the King having a mind to have another bout beyond Sea, summons a Parliament at London,37. Year. and now there is no doubt, but he would be so gracious as to grant them what they could desire. O what a blessed thing is want of money, and how bountifull are Kings when they are quite beggared? they will pull down Star-chambers, High-Commission courts, Monopolies, suffer Favourites to be called to account for Treasons and vilanies they set them a work to do, when they can do no other, can neither will nor chose; and will grant trienniall Parliaments, and passe Acts that a Parliament shall sit so long as it will and which it might have done without their leave, when all the devices and power they can make are not able to hinder it; well though that proverb says, Necessity hath no law, yet with reverence to it’s antiquity, I must contrarily affirm, that had it not been for necessity England had never had good law, made nor kept, neither ever should so long as the Norman yoake was in fashion.

This Gaffer Necessity at the first word obtains what all the Lords, Prelats, Parliaments, so long demanded in vain; Henry so the Parliament will but relieve him, will ratifie and confirm their Liberties, they do it, granting him a tenth of the Clergy for three years, and Escuage three marks of every Knights Fee of the Laity for one year, towards his journey into the Holy Land, indeed Gascoigne; which how holy soever Henry accounted it, he could never yet bring any reliques out of it, though he had carried many a Crosse into it and he accordingly ratifies those often-confirmed Charters, in the most solemn and ceremoniall manner that the Religion of that time, and the wisdom of the State could then devise to do.

For the Parliament having so often found by experience, that no civill promise or verball profession, would hold in these Norman Lords; raptur’d by Prerogative, and devoted to perjury to maintain tyranny; take now a more Ecclesiasticall, and divine way of Obligation, swearing to Excommunicate all who should be found infringers of the Charters.

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And the King with all the great Nobility, all the Prelats in their Vestments, with burning Candles in their hands, assemble in the great Hall at Westminster to receive that dreadfull sentence; The King having received a Candle, gives it to a Prelat, saying, it becoms not me being no Preist to hold this, my heart shall be a greater testimony; and withall lays his hand spred upon his Brest the whole time the sentence was pronounced, which was Authoritare Dei Omnipotentis, &c. which done he causes the Charter of King Iohn his Father to be read likewise openly; in the end, having thrown away their Candles, which lay smoaking on the ground, they cryed out, So let them which incurre this sentence be extinct, and stinke in Hell; and the King with a loud voice said, As God me help I will, as I am a Man, a Christian, a Knight, a King Crowned and Annointed, inviolably observe all these things.

Never were Lawes (saith that witty Historian) amongst men (except those holy Commandements on the Mount) established with more Majesty of Ceremony to make them reverend, and respected, than these were; they wanted but Thunder and Lightning from Heaven, which likewise if prayers could have effected, they would have had, to make the sentence gastly and hideous to the infringers thereof.

Yet no sooner was this Parliament dissolved by a sacred and most solemne conclusion, but the King presently studies to infringe all, and with a part of the money he then got, purchasing an absolution of the Pope, returnes to his former oppressive courses, with more violence and hardnesse; and for ought we know our late King had the like to help him over all those styles, for Master Prynne tells us, there was an English Lieger in Rome, and our own eyes, that there were Nuntio’s here at home, to continue a correspondence between the Pope, and his Royall Favorite.

Thus what the King does, the Pope undoes for money, so cursed a thirst after Gold was in both: It is no wonder therefore some of Henry’s late successors were hying so fast to Rome, who being troubled with the same disease, stood in Edition: current; Page: [7-089b] need of the same Mountebanke: and no doubt but Venus hath obtained Armour of proof of Vulcan for her wandring AEneas, so that the King of Scots is well provided against the Covenants pearcing him to the heart, by the care of his Mother, and art of his holy Father.

But to returne to Henry, whom we see the greatest security that could be given, and that under the greatest penalty, an Oath could not hold; who would therefore suppose that he or any Kings of such metall should ever be believed againe by any who write themselves men (Creatures in whose composition are many ounces of reason) when the only Chaine upon earth besides Love to tye the Conciences of men, and humane society together (which should it not hold, all the frame of Government must fall asunder, and men like Beasts be left to force, that whosoever is the stronger may destroy the other) hath been so often and suddainly broken by the Norman tyrants, in whom this perjury ran in a bloud almost to a miracle? or who could think Master Prynne who in print takes notice of their frequent violations, would ever be drawn by corrupt interest to have his Countries Liberties sent to Sea to seek their fortunes in so rotten a Bottome.

These Deeds being done, succeeds one so monstrous, that we must almost run half way to Credulity to be able to meet it; for this perjured Prince was not ashamed to send his Brother over to summon the Estates, and demand of them (the Wounds yet fresh and bleeding made by his impieties) another Subsidy, but the Parlament denied him, to the great exasperation of the Tyrant: yet the Earl of Cornwall forced the Iews to pay a great Summ, that he might not return empty handed to his Brother, who staid untill he had consumed all that ever he could get in this Iourney, which with the other two made before, cost him seven and twenty hundred thousand pounds, more than all his Lands there were They to be sold were worth, besides thirty thousand Marks, with Lands, Rents, Wards, Horses, and Iewels, to an inestimable price, thrown away upon his half-brothers.

After all this he returns, and the first that felt their good Edition: current; Page: [7-090a] Lord was come again, were the Londoners, and the Iews, who paid soundly for his Welcome. The Londoners presenting him with an hundred pounds were returned without Thanks or Money, for he was not altogether so unmannerly as to deny to receive it, then being perswaded Plate would be better welcome, they send him a fair Vessell, worth two hundred pounds; this had some Thanks, but yet would not serve the turn.

39. Year.For the Pope having bestowed the Kingdom of Sicil on the Kings younger Son (which the Earl of Cornwall wisely refused, knowing the Pope was never so liberall of any thing which was his own) the King to gain this makes all the mony he can get out of his Coffers, and Exchequer, or borrow of his Brother, or scrape from the laws, or extort by the rapine of his Iustices itinerants, which he gives to the Pope to maintain his Wars against Conrade King of Sicil, (you see there was a right Owner of what the Pope was so liberal) and yet all this would not do, for the Pope writes for more, who was loath to be a Niggard of anothers Purse; upon this Henry sends him Letters Obligatory, signed with his Seal, with Blanks left to put in what Summs he would, or could get of the Merchants of Italy, desiring him to stick upon no interest, all which was so effectually performed, that he was put in Debt no lesser Summ than three hundred thousand Marks, and yet no Sicil was got.

Vpon this a Parlament is summoned, and of them money required, which though they promised to grant upon condition he would swear without all cavillation to observe the Charters, and let the Chief Iusticiar, Chancellour and Treasurer be elected by the common Councel of the Realm, would not be hearkned to: for though he cared not a fig for his Oath, yet it seems those Officers might have restrained him from disposing of his Cash at list, and not suffer his Holinesse to have a Penny, whereby he might have wanted his Dispensation, or else the humor of Tyranny was so high, that all his penury was not able to check it for one moment.

The King thus being left unprovided, the Bishop of Herefore Agent for the Prelates at Rome, like a trusty Steward findes a shift to help him, for getting certain Authentick Seals Edition: current; Page: [7-090b] from them, upon pretence of dispatching some businesse for them, by Licence of the Pope and King, he sets them to writings of such Summs of Money taken up of Italian Merchants for their Vse, and so makes them pay the Kings scores.

He seizes also the Liberties of the City of London, into his hands, upon the pretence of their letting a Prisoner escape, making them fine three thousand Marks to himself, and six hundred to his Brother; he requires of the Iews, upon pain of hanging, a Tallage of eight thousand Marks; and thus having fleeced them, he set them to farm to his Brother; who upon Pawns lent him a huge masse of Money; then the City Liberties are seized again, but upon payment of four hundred Marks restored.

And to add to all, one Ruscand a Legat from the Pope comes and demands the Tenth of England, Scotland, and Ireland; to the use of the King, and Pope, preaching the Crosse against the King of Sicil, but the Clergy protesting rather to lose their Lives and Livings than yield thus to the will of the Pope, and King, who they said, were as the Shepherd and the Wolf combined to macerate the Flock, were ordered to some tune, for the Legat suspended & excommunicated them, and the King if they submitted not in forty days spoiled them of all their Goods as forfeited.

40. Year.All men by Proclamation that could dispend fifteen pound per annum were commanded to come in, and receive the Order of Knighthood, or else pay their Fines, as was before done in the 37. year: and every sheriffe was fined 5 marks for not distreyning on all whom the Proclamation reached; this trick was shown in our dayes, lest any oppression should scape unexercised.

41. Year.A Parliament was held, wherein the Prelats and Clergy offened him upon condition the Charters might be observed, 52000 marks, but it satisfied him not, for he demanded the Tenths for 3. years, without deduction of expences, and the first fruits for the same time.

42. Year.Another was called to London, wherein upon the Kings pressing Them for reliefe to pay his depts, He is plainly told, They will not yeeld to pay him any thing, and if unadvisedly he Edition: current; Page: [7-091a] without their consents and counsells bought the Kingdom of Sicill, and had been deceived, he should impute it to his own imbecility, and have been instructed by the provident example of his Brother, who absolutely refused it, in regard it lay so far off, so many Nations between, the cause of the Popes, the infidelity of the People, and the power of the pretenders. They also repeat the Kingdoms grievances, The breach of his promises, and most solemn Oathes: the insolence of his Brethren, and other strangers, against whom by his Order, no Writ was to pass out of the Chancery; how they abounded all in riches, and himself was so poor that he could not repress the Welsh, who wasted his Countrey, but going against them was forced to return with dishonor. The King seeing his friend Necessity was at his Elbow, humbles himself, tels them, how he had often by evil Counsell been seduced, and promises by his Oath, which he takes on the Tombe of Saint Edw, to reform all these Errors: but the Lords not knowing how to hold this ever-changing Proteus, for security adjourn the Parliament to meet at Oxford, in which time they provided for their own, and the Kingdoms safety.

The King in the mean while is put to his shifts, and upon promise of high preferment, gets the Abbot of Westminster to put his and his Covents Seal to a Deed obligatory, as a surety for three hundred marks; sending by Passeleave this Deed, with his Letters, unto other Monasteries, to invite them to do the like; but notwithstanding his threats, telling them How all they had came from the benignitie of Kings, and how their Soveraigne was, Lord of all they had. They refused to yeeld to any such deed, saying, They acknowledged the King to be Lord of all they had, but so as to defend, not to destroy the same.

And now the Parliament meets at Oxford, and in this it is Enacted that the Poictovins and strangers should avoid the Land, with many other profitable Laws for that time. The Charters are confirmed, and the King and Prince sworn to restore the ancient Lawes and Institutions of the Realm, and to observe inviolable the Ordinances of that Parliament. Now the chief Iusticiar, Chancellor, and all other great and publike Officers, are elected by the common and publike Counsell, Edition: current; Page: [7-091b] which power was, as we may see before, usurped by the Norman Tyrants, and worn as an especiall flowr of their Crowns, and fruit of our slavery: for it is manifest to any, unlesse such as will wink, that our English Kings were but as Generals in War, without any other great jurisdiction; our wise Ancestors knowing such a trust enough for one, and therefore kept the Election of other Great Officers in their own power, untill in was wrested out of their hands by the Norman Tyrants, and that not so much by the Sword, as by craft; thus though William sirnamed the Bastard had defeated Harold in the field; yet upon his Coronation he swore to maintain the ancient Laws, Liberties, and Customes of the English Nation, and again renewed his Oath, and granted the same too by Charter, but when he was throughly setled in his seat he perfidiously broke all, imposed the Norman Lawes, and those in the Norman tongue, as a badge of our slavery, and a means to entrap the English, who not understanding them, knew not how to avoid the incurring the penalties; whereby his Normans mouths up were made with their Estates, & thus his Successors were forced to swear and forswear to maintain themselves in their Kingships.

The Poictovins and strangers being banished, presently followes the death and sicknesse of divers Noblemen, who had been poysoned by their practice: and a Steward of the Earl of Glocesters was executed for it, he having received a great sum of VVilliam de Valence the head of the Poictovins to work the seat. And though the Kings Favourites cryed out that he was condemned only upon presumption, yet the evidence will appear very strong, if we consider, that his Lord, and his Lords Brother were poysoned, the latter dying, the former lying sick a long while, having his body swell’d, his nails and hair fallen off, and this Steward convinced to have received a great sum of the Poictovin their Enemy, for whom he could make out no service to be ever done, unlesse what was layed to his charge; besides, a Iew being converted a little after, confessed the poyson was prepared in his house.

43. Year.The Earl of Cornwall (now King of the Romans) returns into England, and upon his arrivall takes an Oath to observe Edition: current; Page: [7-092a] inviolably, and obey the Statutes and Ordinances made by the late Parliament at Oxford.

44. YearA Parliament was summoned at Westminster, wherein were read and confirmed all the Statutes of Oxford, and such pronounced acursed by the Prelats, which should attempt in word or deed to infringe any of the same: Whereupon Escuage is granted to the King, forty shillings of every Knights Fee; a very considerable sum in those dayes, for there were above forty thousand Knights Fees in England at that time.

But the King having an intent to break more Oaths, and knowing that now it would not so easily be done, makes a Voyage over Sea to conclude a peace with France, that he might not be interrupted in the game he ment to play at home, having dispatched Messengers secretly to Rome, for absolution of his Oath, and to Scotland for aydes to be ready upon occasion.

45. YearWhen he had concluded with the King of France, having made an absolute resignation of the Dutchy of Normandy, the Earldoms of Anjou, Poicton, Tourenne and Main, upon the receipt of 300000 Crowns, and a Grant to enjoy what he had in Guion, Xantongue, &c. doing homage and fealty to the Crown of France, He returns, and comes to London, where he presently fortifies the Tower, caused the Gates of the City to be Warded, and then to pick a quarrel commands the Lords to come to a Parliament to be holden in the Tower, which they refusing, as he knew they would, he takes an Oath of all above 12 years of age in London, to be true to Him and His Heirs, and sets armed men to defend the City Gates, For fear sure the Parliament should have come in, and so spoyled the design, For neither Henry or any of our former Kings were ever so daring as to contest with a Parliament in the field or set up their standards against it, but were alwayes forced to grant its demands, or quietly sit down without having their own turne served, when the Parliament was willing to dissolve.

46. YearAnd now Henry being provided for the work, causes the Popes Bull, purchased for absolving himself, and all others sworn to maintain the Statutes of Oxford, to be read publickly Edition: current; Page: [7-092b] at Pauls-Crosse, and makes Proclamation that all should be proceeded against as Enemies to his Crown and Royal dignity, who should disobey the absolution; and such was the blindnesse and slavery of many in those times, that one Bull begot thousands of Calves in an instant: and yet it seems veal was never the cheaper, for his Son the Prince was forced to rob the Treasury at the New Temple to buy him Provision, every one refusing to lend him or the King a groat, so great credit had their perfidie got them.

47. YearMany being clapt up in prison who would not be perjured, the Lords, and others whose consciences were more tender both of their Oath and Liberties than to believe the Pope, or trust the King, assemble together in arms for defence of themselves and their liberties, and first they send to the King humbly beseeching him to remember his many Oathes, and promises, but when that would not availe them, they advance towards London, where the King lay in the Tower waiting the gathering of his forces, and the comming over of strangers which he expected; and now the Bishops (who as they were seldom in any good, so would be sure to be cheif in every bad action) make such a stir to prevent bloudshed forsooth (of which their tendernesse hath alwaies been well enough knowne) that the controversy must be referred to the French King to decide; much honour got England, and much liberty was like to get by such an Arbitratour, while she is forced to creep to forraigners, to know whether they will please to let her enjoy liberty or no, after 47 years oppression under Henry, besides what his good Father and Grandsiers had loaded her with.

But the Lords being perswaded that their Liberties and Rights depended not upon the will of any one Man refused to stand to the partiall award of the French in the English Tyrants behalfe. Thus concluded this business (as all others commonly did, which Bishops had a foot in a with a mischief to the Common-wealth, the King gaining by it not only time for raising, but a seeming justice for his using of Forces to compell the Lords to stand to the sentence, by which their liberties were adjudged from them.

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No doubt those wise and generous Barons not only disliked, but disdained such an Vmpire, as being sensible of the advantages Henry, of the dishonour their Countrey, and of the discommodity their cause would reap by him; but that those Fathers in evill under the angelical shape of peacemakers, necessitated them to accept of him, to avoid the obloque of being Incendiaries, the involvers of their Country in a miserable civill war.

Let the English High Priests then, to their eternall infamy, carry a frontlet engraven with Mischeif to England on their foreheads, who were the fatall instruments of enforcing their Country to submit her liberty to a forraigne Tyrants decision, whose corrupt interest lay in adding fewell to the flames, which contented the Noblest Fabricks, the uprightest and firmest pillars in the English Nation.

49 YearYet that Henry might make a little better market for himselfe, he Summons a Parliament at Westminster, where whilst openly nothing but redressing grievances, composing differences, exclaiming against jealousies raised to scandalise the King, good man, as if he intended to leavy War against his people, by factious spirits, proceeds from Henry, he underhand prepares for War, endeavouring to divide the Barons, and strengthen himself by all the plots and clandestine tricks he could; at last having by sprinkling Court holy-water, and promising fifty pound Lands per-annum to such as would desert the Lords party, drawn divers to revolt unto him, he secretly withdraws from Westminster to Windsor, and from thence to Oxford, & so on, traversing the Country, to patch up, and peece together an Army: And here we may see it was no new thing which was acted by his late successor, who in al his actions made it appeare that he was a right chip of the old block.

Now pretences of the Barons insolencies against the King, and oppressions of the Subjects, Declarations of his being forced to take up arms for defence of the just Lawes and Liberties of the people, and his own safety, with protestations of his good intentions, and divers other such knacks are every where on the wing, as we have had flying up and down at Edition: current; Page: [7-093b] the tayls of the Royall paper Kites of our times.

The Lords being thus left in the lurch, are not wanting in preparing for defence, being unanimously backt by the citizens of London, who have hitherto had the Honour of bravely standing for Liberty; yet first they send to the King, putting him in mind of his oathes and promises, and desiring him to observe the great Charter and Oxford Statutes, but the Drums and Trumpets make such musick in his ears, that Henry will heare no talk of any Law, but what his will and Sword shall give; and for their good Counsell, returnes them as tokens of his love the title of Rebels, and Traytors, which he as frankly bestows on their persons, as he doth their Lands on his followers.

By these course Complements the Lords perceiving which way the game was like to go, leave off putting their confidence in the King, and trust their cause to God and their good Swords; then choosing the Earls of Leicester and Glocester for their Generalls (whose hands no manacle of alliance could lock from defending their Countries Liberties, though the first had married the Sister, the second the Neece of the King) they take the Feild, many Towns are taken by each party, and many skirmishes passe, wherein sometimes the one party, sometimes the other get the better; at length divers Scotch Lords, and others with great forces being joyned to the King, he marches against Northampton, where he heard Peter Montford was assembling forces for the Barons: the Town was very resolutely defended, untill by the Treachery of some Monks within say some, by the subtilty of the Kings Forces say others, (who advancing close under the Wall, undermined it, whilst the Captains within parlying with the King on the other side) a breach was made so large that forty Horse might enter a brest, by which Henry gained it by assault.

This Town being taken ran the same fortune Leicester lately did, for Henry drunk with successe, and rage, like a violent Torrent swept all before him, killing, burning, and spoiling where ever his Army came; but here, so unmanly was the cruelty of the Tyrant, that he would have hanged Edition: current; Page: [7-094a] all the Oxford Schollers (a band of which were in the Town) for their valour shewed in the brave resistance of his forces, had not some of his Counsellers perswaded him from so doing, for feare (the only curb to an ignoble soule) of exasperating their freinds against him by his cruelty, many of the Schollers being young Gentlemen of good quality.

Here by the way we may observe the miserable effects of bad Governours in the Vniversities, by whom suth degeneratenesse was wrought in our youth, that none in our times were found more desperate engagers against the cause of Liberty, than young Schollers, who heretofore were the most resolute Champions for it: Let us therefore make no sinister constructions, when we see our Governours diligent in purging the fountaines, if we desire to have the streams run cleere.

But Northampton put a period to Henries fortune, for although he caused the Barons to raise their siedge from Rochester, yet in the height of his jollity he was defeated at Lews, such was the wages of Pride and Rage: And thus the Sunne setting at Leicester, went down at Naseby upon Charls, whose successe kept time with his presumption and cruelty.

And now Henry is pitched down at Lewes, where the Barons petitioning for their liberties, and desiring Peace, are answered by his proclaming them Rebells and Traitors; and sending his own, his Brothers and Sons Letters of defiance unto them: But this was too hot to hold, for the Lords perceiving what they must trust to, notwithstanding the great numbers of the Enemy, the Banished, Poictovins being returned with great forces for his aide, bravely resolve to give him battel, and as gallantly perform their resolutions, for fighting like men for their Liberties, they gain the day, and take Him, his Brother and his Sonne, with many English and Scotch Lords prisoners.

This victory was received with such universall joy, that when news came of the Queens having a great Army of strangers ready to set sale for England, such multitudes appeared Edition: current; Page: [7-094b] on Barham Down to resist them, that it could hardly have been thought that so many men were in the Land: and at this appearance of the English the forreiners vanish and are disperst, being terrified to hear the English were so unanimous in the defence of their Country and its freedome; Oh were we but thus united now within our selves we need never fear the combination of forreiners.

But these noble souls being more valiant than wary, more pitifull than just, upon a few feigned shews of amendment, and fawning promises of not entrenching upon their liberties, receive the Snake into their bosomes, which will reward their kindnesse with their ruine as soon as he is able.

49. Year.For in the Parliament assembled at London, the cry of blood and oppression being stopt and smothered up, Henry again is seated on the Throne, upon that poore and Threadbare satisfaction of himself and his sonne, taking their Oaths to confirm the Charters and Statutes before at Oxford, and those now newly made: sure Mercury was ascendent at Henries nativity, so potent were his starres in deluding those who had been so oft mock’d, and beguil’d before; when in reason we might suppose his former frequent violations and reiterated perjuries should have taught them what trust was to be given to a Kings oath, in whose eye Tyrranny was so beautifull, that he never dallied to make market both of soul and body, so he might but purchase his desired Paramour.

These oaths being past in order to the performance after the royall mode, the Earl of Glocester is tampred with to leave the Barons; and by the artifice of those masters in the art of Division, who in all times knew how to work upon the covetous, ambitious and envious humours of great men, drawn to desert the cause of liberty: and of this we our selves have had a sad and fatall experience, how many great ones were cajold by Charles at Newcastle, Holnbie and the Islle of Wight, even to the great danger of our Cause; nay the very House was not free, as those Tuesday nights votes may, and the Frideyes had informed us with a witnesse had not Providence wrought miraculously for us, for it can be made out by good witnesse that there was a resolution to Edition: current; Page: [7-095a] have dissolved the Parliament, and proclamed the Army Traitors, had they all met.

But Gold was too drossie to make Glocesters towring soul stoop, and his free spirit could not be shackled with silver fetters, some other Lure must be used to bring him down: and now Leicester was mounted to so high a pitch in the peoples favour, that Glocesters weaker wings could not reach him, which whilest with an aspiring eye he gazes after, his sight was so dazzled with the others motion as gave check to his pursute of the game. The crafty Prince marking his advantage, so works upon the weaknesse of this young Lord, that by it he effects what he could not do by his own force; thus Diamonds are cut by their own dust, and the Champion of Englands liberty must be the man can ruine it: accursed be that for sorceresse envy, so fatall then to Englands freedome, so mischievous lately to the same, whose menacing power had it not been stopp’d by the new modell, had totally routed the Parliaments whole force, so many Divisions of them being charged through, and through, and needs must that Army become a Chaos, wherein Commanders consist of jarring Principles.

Glocester now being come to his fist, away flies Edward to the Lord Mortimer, notwithstanding his assurance given not to depart the Court: that fable of the wise men of Gotams hedging in the cuckow, hits many of our ancestors home, who with oaths and promises went about to keep in their Kings, when one of the Norman brood could flie over such a fence with the very shell upon his head: and as the first part of that storie may be applyed to us, so the second is not altogether insignificant for our Kings, whom we shal alwayes find (together with such as sing after them) in one tune, crying out disloyall, disloyall, as if they could say as well as do nothing else: yet a Christian may conceive such a sound should make them tremble, by bringing the sinnes of their fathers and their own iniquities into their remembrance, did they but believe there were a God, who will measure the same measure out unto them which they have meted to others, and will visit the sinnes of the fathers upon the children.

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Glocester and Edward having done the Prologne, the Tragedy begins, wherein the Scenes were so well laid, that every actor was ready to enter, and each had his part so well by heart, that it is plain they had been long conning their lessons; for no sooner were these two gone, but the Earles, Warren, Pembroke, with a whole shoale of Poictovins, and other strangers, come to land in Wales, which with the scattered reliques of the battell at Lewes, gathered from all parts, embody in great numbers before the Lords who stood faithfull were aware of them, yet they prepare for them as fast as they can: but their fortune was now in the wane, their pity and credulity had brought them into the snare, and their lives must go for suffering him to escape whom God had delivered into their hands: for to condemne the innocent and absolve the guilty, are equally abominable in the sight of heaven: and our ancestors to their cost have made experience of the truth of the Proverb, Save a thief from the Gallows, and he shall be the first will cut your throat.

First the Armies meet at Killingworth, where the Lord Simon Montford sonne to the Earl of Leicester is defeated; this bad newes meeting Leicester in Wales hastens him to repair the breach made in their fortunes, and he meets the enemy near Evesham, where in a bloody field fighting most valiantly, he loses life and victory both, and with him many more of the most noble English fall a victime to perjured Tyranny, whose rationall and undaunted souls disdaining a Brutish slavery, freely offered up their bodies on the High places of the field, a rich oblation for Englands freedome, which together expired, and lay butchered by them.

The losse of this battell was imputed to the cowardice of the Welsh, who in great numbers ranne away in the beginning of the fight, not to the injustice of the cause, of which the people had a sacred opinion: but the truth is, there was an accursed thing, an Achan in Leicesters host, old Henry attended with whole troops of perjuries, [Editor: illegible word] and oppressions, against whom incensed heaven was injustice engaged.

And now that the world might take notice Tyranny was again Edition: current; Page: [7-096a] in the saddle, cruelty in the height of revenge pranceth through the field; for the dead body of noble Leicester was most barbarously abused and cut in pieces, the head with the privy members fastened on either side the nose being sent as a Trophy to the Lord Roger Mortimers wife, a present indeed as fitting for a Lady to receive, as it was becoming a Prince, who was Leicesters nephew to send, but the people made a Saint of him whom his enemies by making reliques of, rendred themselves little better than Devils, and the dismembred body gave a fragrant sent, whilest the dismemberers rotted and stank alive, thus after death Leicester leads a triumph over Tyranny, which may instruct us how far a free and generous soul is above its reach.

And here notwithstanding the calumnies and reproaches wherewith the Royall party backed with successe, and parasiticall Chronologers then and since have loaded Leicester; yet we may take a guesse of the worth of that noble Lord by the love of the people, and malice of the Tyrant: the former cannonizing him for a Saint, do what the latter could for his heart: and sure the common people had more than ordinary cause, which could make them practice after an unusuall manner, which was to judge contrary to event: had his pride and his sonnes insolency been such as some would make them (who endeavour with their shame to make a cloak for their adversaries knaverie) Henry need never to have been so timerous as he was, who not onely confessed he feared the father more than any storm, but could never be quiet untill he expell’d both mother and sonnes the Land, though she was his sister, a Lady of eminent note, both daughter and sister to a King, and they upon delivering up their strengths were seemingly received into favour: thus dreadfull and hatefull to a tyrant are free and generous spirits, which must expect such usuage, when they are within the verge of his power, and such effects of an act of oblivion must our noble Patriots have felt from Charles, had not providence in heaven been pleased to have put bounds to the paralell, By erecting us a pillar with a ne plus ultra upon it.

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Let each following line then teach here thankfulnesse to Heaven, wherein we shall read, from what a labyrinth and maze of misery divine mercy hath freed our unworthy selves; in which our forefathers were miserably imprisoned and devoured and let us pride the clue which hath led us out among our choicest jewels; that giving glory to the hand, and honour to the instrument, we may in some measure walk worthy of the mercies we have received.

Henry now again where he would be, breaths nothing but bloud, and revenge against all who had stood for liberty, following, and pursuing them with such unheard of fury, that had not some potent favorites interposed, he had burnt the whole City of London: Thus the Metropolis of England had been laid in ashes, which so generously and often hath ventured for Liberty, had not God had a work to doe, wherein London was to be gloriously instrumentall, and so delivered it out of the paw of the Lyon.

A Parliament now is summoned to Winchester (which considering the season, was likely to do the people much good) and in this all who took part with the Lords are disherited, all the Statutes of Oxford are repealed, the wealthiest Citizens of London cast into prison, the City deprived of it’s Liberties, and all the posts and chains taken away; These things being put in execution (for such Acts must be kept) another Parliament meets at Westminster, wherein the Acts of Winchester are confirmed; Thus topsie turvie is the world changed, that Assembly, the onely refuge and Assilum for the people to fly to, & so lately the assertor of their Freedoms is becom the Mint, wherein the Tyrant stamps for current what he lists, and makes the basest metall passe for Gold, backing his lust with pretence of Law: O now I warrant you Henrye’s conscience is tender in keeping Acts of Parliament, and it is no lesse than a piaculum to go about to infringe them.

Henry in this latter comming to Westminster,50. Year. to shew his goodnesse and bounty, freely bestows on his Hang-bies sixty Citizens houses, together with their furniture, and all the lands, goods and chattels belonging to their owners; Yet at length he was pleased to pardon the City upon the payment Edition: current; Page: [7-097a] of twenty thousand marks, and giving Hostages of the best mens Sonnes, to be kept in the Tower at their Parents charges.

Businesse thus dispatched at London, away hies Henry to Northampton, where the Popes Legat holding a Synod, curses all those who stood for Liberty: and Henry had been undutifull had he not helped his Holy-Father, who all along had bin so kind to him, the good man was agreed with before, it was all the reason then in the World that the Pope should make his market; thus the poor slaves were to purchase their fetters double, so costly was slavery unto England; justly then may such be termed niggards and base, who will grumble now though with around him to purchase their Liberty. And now it seems Henry made not his journey for nothing, for the gratefull Pope by his Legat this Synod, grants the tenths of the Church for a year unto him, so bountiful in rewarding one another were these Foxes, with what they lurched from the Geese.

51. Year.Henry passing his time in such pranks as these, at last Glocester finding his turning not to serve his tongue as he expected, takes his time, changes his footing, and assembling an Army seizes on London: this puts the King and Legat so to their trumps, as brought both unto their last stake, making the one pawn the shrines, jewels, and reliques, the other spend the curses and excommunications of the Church most liberally; but the Legat might have been sent packing with his Sonne at his back in Pontificalibus, had not Henries Golden Gods wrought the miracle, which having thousands of Angels at command, quickly brought in great Armies of Forraigners, by whose and Glocester was forced to submit, he and all his partakers finding for their offence to Henry, who, no doubt, made them pay fee putting him into such a fear, as well as unto such a charge, (which could be no small sum, were he like some of his late successors in defraying only the charges laid out for guilded clouts) besides what must be given to set the little Dagons in their places againe, and appease their and their Priests fury: Thus Glocester received the reward of his base deserting Leicester, being forced by his kind Master to find sureties for his good behaviour.

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And now this Earl being brought under the yoak, Henry turns against those Barons who stood out, and were possest of the Isle of Elie. These he first attempts by the Legat (his forlorne Hope and reserve too it seems) who is beaten back with this repulse, That unles the Statutes of Oxford might be observed, and Hostages delivered, that they might peaceably enjoy the Island, untill they should perceive how the King would performe his promises, they were resolved to stand it out, and with the venture of their bodies seek to preserve their Souls, upon which lay most sacred and solemne ties. So great an incouragement was the opinion of their cause, that it made them stand upright and undaunted after all these storms; and so great a distrust had Henries perfidie created, that his subjects durst not let him come within their swords point, without Hostage given to keep him to his word; and indeed this Tyrants gaine by their violations, that none dare believe them but will rather fight it out to the last, as expecting revengefull and treacherous usage from them.

This Answer to the Legat so netled Henry, that he could not choose but wince; and well it might, for his galled conscience could not endure the mention of keeping an Oath, which was a tacit exprobration of him, no more than his tyrannicall humour could of the Oxford Articles, which carried in them a found of Liberty, a thing he supposed he had by the sword ript out of English breasts.

And no doubt but it must be thought great incivility in these Barons to dare to believe their eyes before royall perjuries, and great saucinesse in them, to make, or pretend to make more conscience of Oathes then their King; for what was this other than to endeavour to appear more religious, more honest, more true, and more just than their sacred Soveraigne? Away with such precise, and puritannicall fellowes; there can never be a good world so long as such are suffered to goe unpunished; into the High Commission Court with these Sectaries, that the Legat may hamper them; bring these seditious fellowes before the King, and the Honorable privy Councell, that they may receive Edition: current; Page: [7-098a] the reward of their presumptuous questioning the legality of obeying King and Cardinall, right or wrong; nay, what is more, they are not contented to be slaves as others are, let them be tryed for Traitours and Rebells, for they have taken up Arms against the King, and talke of defending their Liberties by the Sword; Thus rang the peale among the flattering Courtiers, and the like verdict hath been past upon us by the Royall jury men, who in all things have followed these their foremen. Here we may perceive then through the veile of pretended Protestantisme, and Conscience, the true rise of the Royalists assertions, for the Parasiticall Papist hath done the like, to whom the reformed Religion was unknown or abhorred, flattery being the motive, not Conscience, the desire to cologue with a Tyrant, not the fear of displeasing God.

And upon these worthy considerations Henry and his faction decree ruine to these Barons, and the fate of Liberty was unable to resist their vowes; for Prince Edward with a great Army quickly forces them out of their strengths in that Isle whose courage was greater than their force, and their resolutions more numerous than their party; thus were the last glimmerings of Freedom extinguished, and the whole Land envolved in darknesse, the English being left to grope in a blind obedience after the will of their Tyrannicall Master.52. Year

Henry by treacherie having thus triumphed over liberty, He convenes a Parliament at Marlborough, where in a flourish he confirms the great Charter, either on purpose to make their teeth water, or to quiet the grumblings on foot against his Tyranny, by this act of grace, which was likely to be kept now the Bugbears of prerogative, those resolute Lords and Gentlemen were destroyed.

Now twentieths, & fifteenths, or what ever he would demand are readily granted, and glad he would be so contented, and all things go as well as Henry can wish, who promises to be a good Lord to them, so long as they shall continue humble vassals, contented slaves unto him; no mumbling or talking must be of Oxford Acts, which it was high treason Edition: current; Page: [7-098b] but to think on, so wise the world was now grown over those former mad Parliaments.

And thus after he had at least twenty times confirmed, and as often violated those just decrees, notwithstanding all the solemnities, both civill, morall, and ecclesiasticall, used in the acts of ratification, and after all the hard strivings, and wrastlings between tyranny, and liberty, with such bad successe to the people, whose foolish credulity and sinfull pitty undid them, in the seven and fiftyeth yeare of his raign Henry and Magna Charta slept together, his Sonne Edward succeeding him in his Tyranny, to which he was Heire, as to the Crowne; for he made an higher improvement of his royalty, and got the domination of this State in so high and eminent manner, that (as one saith) he seemed to be the first Conquerour after the Conquerour, his little finger was heaviour than his Fathers loynes, laying insupportable taxes on both Clergy and Laity even unto the halfe of their Estates, the Barons and people not daring to quitch, or move for removall of grievances, untill at last needing a vast Summe to maintaine his Wars, he Summoned a Parliament, wherein he was pleased to confirme the Charters to stop their mouthes and open their purses, and this he often did when his occasions urged him to it, which like all other royall promisers he performed by leasure; Never was Royalty more Majestick, and glorious than in this Kings Raign, and the people lesse able to oppose; but I shall conclude his Character with what DANIEL saith of him, he was more for the greatnesse of the Kingdom than the quiet of it; for having been nurst up in slaughter, he as it were thirsted after bloud, so that never any King before or since, (except our last Charls) shed, and caused so much to be split in the age following within this Isle of Britaine.

But all that we shall observe from his Raigne is this, that as it was said of the Emperour Frederick, He was a good Emperour, but a bad Man, so the most warlike, politick, and temperate Princes have been the greatest Tyrants and oppressors of the people, the vicious and debauched by their lewd lives and unmartiall natures, giving the people more Edition: current; Page: [7-099a] advantage and better opportunity to regain and revive the claim of their liberties, which the other by craft, forde, and a kind of respect created by their morality kept them from: needs then must that trust of powr be dangerous to the Nation which lighting upon the most able person proves most destructive to the peoples just and native freedome.

Thus having briefly represented the most signall and materiall passages throughout this tedious and long reigne of Henry the third, in this short Discourse, where as in a perspective the Reader may not onely descry actions farre distant in time, and near hand, as done in our dayes, but also take an exact view of the whole mannagement of affairs under the Norman Monarchie, together with the real ground and rise of all those former, and these latter contestations between the Kings and people of this Nation, upon the score of Prerogative, and liberty. I shall forbear to swell into a volumne by raising unnecessary observations, which I shall leave (as I have done the paralell, where it was plain to every eye) to be spun out by each Readers fancie, being assured that the most shuttleheaded adorer of our Monarchy must blush in affirming that a fine piece, which it appears hath been wrought of such course threds and will onely in short set before you those Tyrannicall, abusive, and delusive practises by which our ancestors have been bobbed of their Freedome; and the Norman Tyranny founded and continued over them.

William the Norman sirnamed the Bastard, taking the opportunity of the Divisions among the English, invades the Land, and overthrows Harolds, weakned much in a fight with the invading Norwegians, where though he got the victory, he lost the bodies of many, and the hearts of most of his Souldiers by his partiall dividing of the Spoils.

Harold slain, and William victorious he is received, and crowned King by consent of the English, upon taking his oath to maintain the ancient Lawes and liberties of the Nation. And now being as he thought settled in the Throne, he begins to play Rex, in English the Tyrant, spoiling the English of their estates, which they were forced to purchase again of him, who neverthelesse retained a propriety in them, Edition: current; Page: [7-099b] and would have all held of himself as Landlord: thus came in the slavish Tenures, and the English, amongst whom were no bondmen before, both Nobility and Commons, were made subject to the intollerable servitude of the Norman.

The English thus exasperated take up arms to regain their liberty, and that so unanimously; under the conduct of Edgar Etheling, then tearmed Englands Darling, and Edwin and Morchar Earls of Mercia and Northumberland, that the tyrant not daring to fight them, assayes to pacifie them by large promises of addressing their grievances, and restoring their liberties, and by the help of some Clergy men he so prevails, that meeting at Berkhamsted an accord is made, William taking his personall oath upon the Reliques of the Church of Saint Albans, and the holy Evangelists, from thenceforth to observe inviolably the ancient Lawes, especially those of Saint Edward, whom the Norman wickednesse had sainted among the people, so transcendent was tyranny already grown.

The English deceived by these specious shews lay down their arms, and repair to their homes, and now William having obtained his end, takes his advantage, and sets upon them disperst, and never dreaming of any assault, imprisoning, killing, banishing all he could lay hands on, and forcing the rest to fly into Scotland, overthrowing their ancient Lawes, and introducing others in a strange language, appropriating the old Forests, and making new ones, by depopulating the Countrey, and pulling down Churches, Abbies, and Houses for thirty miles together, and yet prohibiting the people the liberty of hunting upon great penalties, the ancient priviledge and delight of the English thus by treachery and perjury cheating the English of their liberties, whom by force he could not bring under his yoke, he laid the foundation upon which his Successours have erected the stately trophies of Tyranny amongst us.

But the English being of a generous and free nature were so impatient of the yoke, that upon all opportunities they did endeavour to break it; whereupon our Kings were forced Edition: current; Page: [7-100a] still to make use of other props to uphold their tottering edifice, which perjury alone was too rotten to sustain, and by the Pope, Prelates, and Lords, working upon the credulous, superstitious, and unstable vulgar, did even to admiration shore up their Babel to the confusion of liberty.

1. The Pope was the chief Hobgob in in those dark times, that scared the people out of their wits; for through the superstitious ignorance of men, he had usurped the power of God; this Iugler with the counterfeit thunder of his Excommunications, and curses, which his Bulls upon all occasions bellowed forth against the assertors of Liberty, and with the pretended omnipotency of his dispensations with the oathes of the Tyrant, so amazed the people, that he not onely domineered himself, but, like the Lord Paramount for great Fines let the Land out, to be harrowed, and the inhabitants to be handled like villains and slaves to his Royall and well beloved sonnes (indeed he was a dear father to most of them) our immediate Landlords.

2. The proud Prelates, the Imps of that great Diabolo of Rome, were many of them strangers, and all of them the Creatures of the Popes, and Kings (who would choose none, but such as were fit for their designs, by their good wills, and with their ill wills could out any that should thwart them) and so either regarded not our sufferings, or were bound to augment them to please their Patrons, as well as to pamper themselves, who being Diocesan Monarchs were no foes to Arbitrary power that themselves might tyrannize ad libitum over their Sees.

And no doubt but Kings were so crafty as to perswade them No King, no Bishop, heretofore, to heighten their zeal to the Royall cause, as Prelats of late have stiffened them with No Bishop, no King, in obstinacy for Prelacy; yet these later have been Prophets against their wils, at their fall, who in their jollity had little or no will to be Preachers, and were so effectuall in their doctrine, that they confirmed their calling to be jure divino, though Scripture was never so clear against it, in the Royall conscience, to whom a Crown and Scepter must appear most sacred.

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And now the Father, and Sonnes, the Pope and Prelates profit requiring it, what could there be imagined, but that it must be stamp’d with a divine right? alas it was easie with them to take sacred from an Oath, and confer it upon the perjured Violater; they had their holy oyle sent from Heaven by an Angel to Thomas Becker that Metropolitan Saint, and Martyr of Canterbury, with which Kings were anointed, and divers other holy devices to make them sacred, not to be touched by prophane Civill Lawes, or questioned by any but men in holy orders; who being ghostly Fathers, might lash, curse, depose, and devote to the Knife, Sword, &c. (notwithstanding Sacred, and Majesty, and holy Vnction, and all the rest) Emperours, or Kings, if stubborn, or encroaching upon the usurpations of Holy Church.

For you may observe that clause in the Coronation Oath to maintaine the rights and privileges of Holy Church, to be indispensable in former times as well as these latter, wherein conscience was onely made of preserving Episcopacy: Thus one part of the Oath was not to be violated upon pain of the highest censures; all the rest but a mere formality, and we poor Lay-slaves not to question our Kings doings, but in a blind and brutish obedience perform all their commands, just or unjust, good or wicked, our Clergy Impostures making the Pulpits ring with to obey is better than sacrifice, for Rebellion is as the sinne of VVitchcraft, &c. Sacred writ being wrack’d to torment us, and the Scriptures perverted to subvert our Liberties, and notwithstanding the Cheat was so palpable, the peoples understandings were lost in the Fogge, which these Gipsy Magicians raised by their Charmes.

Behold then the reason of Episcopacies being so sacred and divine in the judgment of Kings, who were so devoted to Tyranny that they ventured all to maintain it.

3. The Nobility were made the Whifflers to make roome for the Monarchicall Masquers: and although many of these were so generous, that they disdained to be slaves, and so potent and valiant, that they regained their fredoms, and brought the Tyrants on their knees, yet so ambitious and envious were the most of them, that they were easily divided and made to Edition: current; Page: [7-101a] ruine one another, every one chosing rather to be a slave to a Tyrant, than be equall’d by his fellow, and gaping for advancement over the rest by his obsequiousness to his great master, thus by envy and Court preferment; being bewitch’d, they still undid what they had well done, and made the peoples taking up of arms for Liberty the step to their own preferment, betraying them to curry favour with their oppressor.

Thus were the people still betrayed by their Leaders, and so disabled and disheartned for the future to claim their rights by the present losse and expence of bloud and treasure: and those who faithfully stood by them severely prosecuted and murdered; when the Tyrants though vanquished, still escaped upon swearing a little amendment, and were set up again to take revenge upon the peoples, and to reward and preferre their own partakers. Thus were good patriots dishearnted and deprest, whilst that the Imps of Tyranny were emboldened, and set aloft to the utter ruine of Englands Freedom.

Lastly, when it was apparent that the noble and free spirits of the English could never be so deprest but that still they would up again, and so might at last, in spite of all opposed break the yoke, with the noise of Parliaments and Charters, Kings often stilled the Peoples cries, when indeed the former were so stuffed with a King, Lords, and Prelats, that the peoples Representatives sate for little more than cyphers to make up thousands and ten thousands, when the others pleased to set the figure before them: and the latter were of little or no use to the People, who received no benefit by them, but stood Kings in great stead, helping them to Millions, when all other shifts fayled to get money.

And now these things premised, I appeal to the judgment of all rationall creatures, whether it be not so perspicuous that the dimmest eye, on this side blindnesse, not winking out of design must perceive.

1. That continuall claim hath been made by the English to their rights and Liberties, so that in point of Law no precentended succession, continued by force, fraud, and perjury, case be a just plea to barre us of our inheritance, our Native Freedome, which we have now gained possession of, the most Edition: current; Page: [7-101b] high and just judge having given sentence for us upon our appeal, and of his free grace enabled us to enter in despight of those who so long kept possession against our Ancestors.

2. That it would be the highest imprudencie, if not folly and madnesse, in us for the future to trust the most promising and insinuating Princces with our liberties and priviledges, which can be no longer expected to be preserved by them, than they may serve as footwools to advance them in the Throne of absolute Tyranny.

3. That the whole frame of just Government, hath been dissolved by our Norman Lords, who have made their own proud wills the rules, and their own greatnesse and absolutenesse the end of their Government. Sic volo sic jubeo, was Lex terre, I mean the Law which was onely in practice; and if this be not tyranny let our Royalists enquire of Lipsius no small Champion of Monarchy, who makes not the grandeur of the Court, but the Good of the Common-wealth the mark that Princes are set up to aim at: neque enim principatus ipse finis est, absit, aut altitudo illa & splendor, sed populi horum, it is not the greatnesse and lustre of the Prince, but the good of the people that is the end of Principality, and that eloquent Panegyrist in his Oration in the Romane Senate shews that the Empereall dignity consisted not in sound or shew; for saith he though we adorned our Emperours with majesty and pomp, yet is there farre more due from them to us the authours and granters of their power, as to take care of the Common-wealth, and setting aside self interest to intend the good of the people, &c. neque enim specie temus, ae nomine fortuna Imperii consideranda est, sunt trubea & fasces, & stipatio, & fulgur, & quicquid aliud huic dignitati adstruximus sed langè majora sunt qua vicissim nobie auctoribus, fautoribusque patentiæ debens, admittere in animum totius Reipublica curam, & oblitum quodanmodo sui Gewibus vivere, &c. Yet thus to have taught his duty and the peoples soveraigne power had been little lesse than treason with one of our Monatchs, which a Romane Emperour disdained not to hear in the open Senate, though Edition: current; Page: [7-102] he was accounted a more absolute Lord by farre than one of our Kings, and we were entitled to more liberty than the Romans.

But to conclude, so great corruption hath invaded Monarchy in generall; and so universally is it fallen from its primitive purity, that it is most evident its fate is not farre off, quin ruet sua mole, and will be buried in its own rubbish, for there are Symptomes by which the dissolution of politick bodies may be guess’d at as well as naturall, and too much surfetting will being both into the dust.

And let us omit the tyrannies, murders, and idolatries, and take a view but of the perfidies, and perjuries, the main pieces of King craft, by which Monarchs have carried on their Designs a long while in the world, and we may without a spirit of prophecy foretell what is likely to befall Royall families even by the light of nature, and a common observation of providence, for a very heathen Poet tells us,

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That though God may for a while deferre his Iudgement against the violator of his oath and promise, yet himself, wife and children shall dearly pay for it at last, an oraculous truth and confirmed in our eyes, and which may deterre all of us who are on this side sorcery or obduration, from daring to engage against heaven, and oppose the Almighty in the execution of Iustice upon an offending family, by which we shall onely draw down vengeance upon our own heads to the eternall confusion of both souls and bodies, for great is Jehovah, and onely to be feared, and there is none can deliver out of his hand.

FINIS.

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Richard Hollingworth

Hollingworth, Richard

18 December, 1650

7.

7.7 Richard Hollingworth, An Exercitation concerning Usurped Powers (18 December, 1650).

Editor’s Introduction

(Placeholder: Text will be added later.) Many of the margin notes contained Latin text which was undreadable. We have done our best to decipher them.

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The Contents of the First Part.

CHAP. I. Of Vsurpation, what it is. A Case propounded, wherein it is not hard to determine whether Vsurpation be chargeable, or not.

CHAP. II. Of yeelding Obedince to a Power usurped as above said. That it is not lawfull to give up ones self to the Allegiance of such a Power.

CHAP. III. This Question discussed. Whether submission to, and acting under a usurped Power, for the time, be lawfull, with a reservation of allegiance to the lawfull Power, supposed to be expulsed.

CHAP. IV. The obligatorinesse of the Oaths and Covenant, urged in the second Chapter against Obedience to Vsurpers, made good against divers late Authors.

CHAP. V. The Reasons brought for obedience to Vsurpers, and acting under them, Answered.

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To the Reader.

Christian Reader,

If thou knewest the Gentleman the Authour of this Tract, thou wouldest reade it for his sake. And if thou once reade it through without prejudice, thou wilt respect it for its own sake.

His eminent fidelity to the Parliament, according to their first declared principles, is evidenced, as heretofore by severall appearings and sufferings in their behalf, so now by this Tract. It is weighty for the matter, and wisely handled for the manner and method of it. A strain of Religion, and strength of Reason running all along through it. His weapons are spirituall, the Word of God and right reason, not carnall policy or power, weapons now most in use.

He judgeth of actions (as wise men doe) by themselves, not by their successes: he accounts not prosperous vice a vertue, nor prevalent resistance of lawfull Magistracy lesse sinfull, then if it had not been prevalent, nor the Mahumetan party to be any whit the more blessed or beloved of God, because by force or fraud (through Gods permission) they at first raised, and have for sundry centuries of years continued to themselves a large Empire by the ruine of many millions of Christian Souls: knowing that the prosperity of fools (that is of Hypocrites and wicked men) shall at last destroy them. Prov 1. 32.

By that wisdome which is from above, which is first pure then peaceable, he rightly seeks after Peace, by clearing up Truth, promoting righteousnesse: proportioning to each their own due, and placing them in their own rank and station, Truth, order, rightteousnesse are foundations and pillars, if not parts of true Peace; without these either there is no peace (as if the servants of this City being more & stronger, then their Masters should slay or banish them, & quietly divide amongst themselves their Lands and Goods, were this a Peace?) or if it may be called a peace, it is but a base brutish, Edition: current; Page: [7-105a] [Editor: illegible word] practise, and destroy the mightle and holy people. Dan. 23, 24, 25.

This Authors zeal for the obligation of solemne Oaths, Vows, and Covenants may well be born with; if it be a fault, there is but little (too little) of it in England. But the good man though he sweareth to his own hurt, changeth not. Psal. 15. 4.

I will say no more, but Tolle lege, take up and read, understand what thou readest; Remember and practise what thou understandest to be the will and minde of God, and pray for such (whether of the Gentry, Ministery, or others) as long, and labour for thy Information, and reformation, if them wandrest; and for thy confirmation, and consolation if thou walkest aright. The God of truth and peace be with thee. Amen.

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CHAP. I.: Of Vsurpation, what it is; a Case propounded, wherein it is not hard to determine whether Vsurpation be chargeable, or not.

USurpation is an intrusion into the Seat of Authority, a presuming to possesse, and manage the place & power thereof without a lawfull calling, right, or title thereunto. A lawfull call or title to that rule, and Government which is supreme (of which I have to speak) is derived, or comes from God, There is no power but of God, (saith the Apostle) the powers that be are ordained of God: Rom. 13. 1. It were a sense too large, and not to be defended to take these words absolutely, and unlimitedly of all power, in regard either of title, or measure, and use. An unjust power in regard of Measure, or the stretching of Power beyond its due bounds, or the abuse of it is generally denyed to be of God by way of warrant; and an unjust power in regard of title, or an Authority set up, and admitted against, or without right, God himself denyes to be of him. They have set up Kings, but not by me; they have made Princes, and I knew it not: saith he, Hosea 8.4. Which speech is by the current ofa Expositors applyed to Jeroboam, and his successors, coming in to be Kings of Israel in that manner as they did; For although Jeroboam had a prediction (yea, suppose it a grant) that he should be King of ten Tribes, 1 King. 11. 29. yet the people, at Solomons death, had no command, or direction from God to cast off Rehoboams government, and make him their King; it was therefore sedition, and rebellion in them; and both a manifest breach of the fifth Commandment;Vide Paræum in Hos. 8. 4. and of the positive Law of God, Dent. 17. 14, 15. and Jeroboam was faulty in that, though he had Gods preconcession of a Kingdom over ten Tribes; yet having had no order from him about the time, manner, or the particular ten which they should be; he did not seek and tarry for a further direction, and calling from God; as David did in the like caseb. And although the Lord, when it was done, testified Edition: current; Page: [7-106a] that the thing was from himc; yet we must understand it to have been so by his permissive counsell, and generall concourse, or providence onely, as all actions as they are actions, and all events that are evils of punishment; and as they are such, are, though the actors among men that bring them be never so sinfull in them; but not by his approbation, appointment, or constitution; the event was from God; but not the sinfull means by which it was accomplished; he ordered the evil carriage of men to that effect, but he gave them no order for that evil carriage: so that though, in a sense, it was of him; yet in regard of authorizing, it was without, and against him, and, in the Apostles sense, none of Gods ordinance. But of this we shall have occasion to speak again hereafter.

God giveth a calling, or invests with a right to Soveraignty, either immediately, by making and declaring the choice, and designing the person himself; or mediately, by committing it to the people to elect, and constitute both their form of Government, and the persons that are to sway it over them, which he hath done to all Nations; yet with a reservation to himself of power to interpose with his own immediate designation when he pleaseth: and when he doth not so, the vote of the people is the voice of God, (ordinarily) and they passing their consent when a Magistrate is to be set over them, that power, so constituted, is of God, as his ordinance. And this may be the reason why that, which in one place is called the ordinance of God, is, in another called the ordinance of man, or an humane creature: 1 Pet. 2. 13. By the former way the Judges and Kings of Israel had, or ought to have had their admission to rule,d and that was extraordinary, and peculiar to that people; the latter is the onely ordinary, lawfull, and warrantable way of creating a right, and title to the helme; of Magistracy in other Nations. And as in the former the call of God was sometimes personall, or of one single person; as was that of Moses, Joshus, Samuel, Saul, and others: and again, sometimes lineall, or of a whole race: as was that of David and his seede: So it is in the latter,f the peoples constitution of their Governors may either be individuall, or intransient; as in those kingdoms, or States which are called (in a strict acception) Elective; or it may be continuated, and successive; as in those Kingdoms, or Principalities which are Edition: current; Page: [7-106b] called hereditary, and possessed by descent: both wayes Princes are by the peoples Election, and Consent; and the latter is preferred, by many wise Statists, before the formerg.

I shall not insist on the distinctions, that might be observed touching the manner of the peoples passing their consent; nor determine which of them is sufficient, and which not, to make this right or title, whether it must be antecedent to possession, or may be consequent, expresse, or tacite: collective, or representative: absolute, or conditionated: free, or enforced: revocable, or irrevocable. The consideration of these is not materiall to the resolution of what is in question; it sufficeth that it be yeelded, that the peoples consent is (besides that which is by commission immediately sent and signed from heaven) the onely derivation of a lawfull call, or claim to Governmenth. When our Saviour Christ (who being such an extraordinary person, might have warrant to do what would have been presumption in any other) was appealed to in a cause that appertained to the civill Magistrates decision; he refused to deal in it, with these words, Who made me a Judge, or a divider over you? according to which words of him, who was the truth, he that may rule, must be placed in that office by some body, and may not undertake it of himself: no man may take this honour to himself, or be his own advancer to the Throne; but he must be installed by another: and what other creature, besides the Nation it self, can challenge a power to appoint over it its Rulers is not to me imaginable. Angels are not of this Oeconomie, do not intermeddle in this businesse, and for other people, or forrein States they are but in an equalitie, and have no partnership in this matter; they have no more to do to impose Governors over their neighbours, then they have reciprocally over them; and to whichsoever may attempt it towards the other, by the analogy of our Saviours words, it may be said,Luk. 12. 13, 14. Who made thee a Judge, or Rule-maker over me?

A calling from the people, who are to be subject being so necessary, and essentiall to a humanely constituted Magistracie; it is easie to discern what is Usurpation, viz: that which is opposite to it, or privative thereof, which is a snatching hold of the Scepter, and wresting it out of the hands of those who are to dispose of it, or have it committed to them: it is ordinarily Edition: current; Page: [7-107a] termed, a tyrannie in regard of title, or without title: The distinction betwixt lawfull Magistrates and Tyrants is thus given by Aristotle:h Kings do reign, not onely according to the Law, but over them that consent to them; Tyrants rule over men against their wils.Etenim si nolentibus imperatut, regnum protinus esse definit. Tyrannis efficirur quæ vi dominatur. If any govern against the minde of the governed, it ceaseth to be a Kingdom, and becometh a Tyrannie which ruleth by force. All lawfull power then is founded upon the wils of those over whom it is set; Contrariwise Usurpation is built upon the will and power of them that hold the Government; it is a self-created, or self authorised Power, such was that ofi Cinna, and Carbo, who made themselves Consuls, without any Court-election, in the time of the Romane sociall war betwixt Sylla and Marius and that ofk Julius Cæsar who made himself Consul, together with Publius Servilius; such was that of the Chaldeans over the Jews, Hab. 1. 7. Their judgement and their dignity shall proceed of themselves, saith the Prophet, that is, as Deodate expounds it, they received no Law,Verum regnum est imperium voluntate civium delatum: at si quis vel fraude, vel violentia dominatur manileste Tyrannis est. idem. li. 5. num. 112. nor assistance from any; their right consists in their will, and the execution in their power.

Usurpation being defined, we may proceed to distinguish of it according to severall heights, or degrees it is capable of; as 1. It is either where the Throne is vacant, and undisposed of (which may happen sundry wayes, as when a Common-wealth is new erected, or the possessors of the Government resigne, or are extinct, and none left to lay claim to it) or, where it is full, and possessed de jure, and the Rulers are onely violently extruded, and kept out.

2. Usurpation is either meerly in point of Title, and administration of a received and settled Government; or by way of innovating in the Government it self; over-turning the constitution of it, and forming it a new.

3. It may come to be acted either from those without, viz: Forreiners, and strangers to the State; or by Natives, and naturall Subjects of the Kingdome.

4. It is done by these, either against the single tye and duty of obedience and Allegiance owed to the present lawfull Authority; or against Allegiance bound with Oaths and sacred Covenants. All the sorts of each of these distinctions are direct, and formall usurpations, but the latter of each far surpasseth the other respectively, and a conspiration of them all makes an Edition: current; Page: [7-107b] Usurpation of a meridian altitude; when a party owing obedience and subjection to a long continued, and undoubted lawfull power, and solemnly sworn to submit too, and support that Government, shall rise up, and presume to thrust out the possessors, and invest it self, yea, and not onely seize on the Power; but of its own minde, and will, or, by its force alone, abolish the settled, and set up a new mould of government; this is Usurpation to the culmen or height of it.

Having thus found out what Usurpation, and what the Zenith of it is; we may put a case wherein it will be easie to give a Judgement cleerly. Suppose a Nation in America, whose fundamentall government is, and hath been anciently and confessedly constituted, and placed in a King, an House of Peers, and an House of Commons sitting in a collaterall, or coordinate rank, in regard of supremacy of power; the King being the supreme in order (unto whom, in such an association, Oaths of Allegiance and supremacy are generally sworn) next to him the Peers as the Upper, and the Commons as the Lower House of Parliament. Suppose also, the King, according to his place, summoning them, and they conformably assembling together in Parliament, and he and they personally concurring to act in the highest affairs of government; in the processe whereof differences arise betwixt the King, and the said two Houses; which grow to that height, as that he in person departs from them, a war breaks out betwixt them; the Kingdom is divided by partieship with them, on the one side or the other; the two Houses continue acting joyntly, no: onely in managing their military defence; but in the other publick, both religious and civill affairs of the Kingdom; they petition, remonstrate, and declare for a necessitie of an association, and conjunction of the King and the two Houses as the fundamentall constitution, and government of the Kingdome; they enter into, and prescribe to the people Protestations, Vows, Oaths, and Covenants, for the upholding of the Authority and Power of both so constituted: they professedly fight for that associated Power, they proclaim them Enemies and Traitors, they prosecute them with fire and sword, sequestration of estates, and other punishments, that go about to divide them asunder, or oppose the aforesaid Authority; and all this they do, and avow as the indispensably Edition: current; Page: [7-108a] necessary discharge of their trust. Suppose after all this, the Army raised and imployed by the said two Houses in the aforesaid war, consederating in their Leaders (as by the immediate sequell manifestly appears) with a small party in the Lower House; Remonstrates to that House (without any addresse to the other) many high and strange things they would have done by them, and amongst the rest, that the King be proceeded against, as for treason, and other capitall crimes; in like manner his two eldest Sons, if they render not themselves within a day to be set them: that it be declared that the peoples Representatives in the House of Commons shall have the supreme Power, and all other shall be subject to them; in which demands, that House not being so obsequious to them as they expect, but standing upon the collegueship of that Government, which they with their associates, the King, and the House of Peers are intrusted with; the Army, forthwith, marcheth up to the doores, and by force of Arms seizeth on, and shuts up in hold one sort of them; and by a strong guard set at their doores shuts out another, suffering onely a small number of them, and such as please them to sit in the House. Suppose lastly, this little number, left in the House, shall approve of, and second these proceedings of this Army; and by their act, or Vote confirm the seclusion of that greater number of the Members of that House; and, taking upon them to Act in the name of that House, shall Enact or declare themselves to be the onely Supreame Authority in the Nation, and by that pretended solitarinesse, and supremacy of power shall take away, and abolish the other House of Parliament, destroy the life of the King, deny, and disanull the Title of his Heirs, and Successors, to the Crown and Kingdome; abollish the office of a King, and ordain and govern solitarily over the people, as their onely supreame Power, and require their obedience, and subjection as to such. The quare, in this case thus propounded is, whether this said party, as thus acting, and as to this latitude of Authority, be usurpers, yea, or no? whether this their removing others from the Seat of Supreame Power, and assuming it peculiarly to themselves, be, or be not Usurpation (as Usurpation hath been before prescribed) and that to the very apex, or highest pinacle of it; yea, whether they be, or be not guilty of a double Usurpation?

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First, in usurping the name and Authority of that House. It may haply be said for this. 1. That possibly they may make a quorum, or as many in number as are required to act. R: But are they not supposed to be under actuall and present force, which hath been, without contradiction by any, adjudged a ground of nullity to Parliamentary proceedings. For though all are not required to be present, yet the House must be free for all to come to, that their acts may be free and authorative.

2ly, That perhaps they may be most willing, voluntary, and free in their acts, and the force that hath taken away others may be no force but a security to them, being of the same principles, apprehensions, and designes with them. R: But though they as men may be free, yet taking upon them the name of the House, are they free as an House? the House includeth virtually every Member of it, many whereof being violently excluded by those that guard the meeting place, how free soever those persons are that sit, how can the House be said to be free? nay, doth not their voluntarinesse and free complyance make the Usurpation compleater? Could they be said to be enforc’d to declare, and act such things, we might by a favourable interpretation, onely judge their Acts to be null; but when their proceedings flow from their own wils, and they so concur to the exclusion of others more then themselves from the exercise of the power they with them are intrusted with, and assume to themselves a power, never confirmed on them by the people, but meerly of their own creation, how can this be lesse then Usurpation to the life?

2ly, In usurping (in the name of that House) the sole supremacy of Power in the Nation. It will be pleaded: perhaps, that the House of Commons, in the supposed case, is the onely Representative of the people, to whom alone the Nation hath committed the Supreme Power. R: 1. That House is not a Representative of the whole Nation, but onely of the Commons, which though the bulk, and far more numerous part; yet cannot stand for the whole in choosing a Representative, but onely for themselves. 2. If it could be made good, that to that House, the whole Nation, in the originall constitution of Government, had committed the sole Power; the quare would easily be cast in the negative: but how will that be proved? The Edition: current; Page: [7-109a] case, as it is put, presupposeth Antiquitie, and by past practise: and the actings of the present House of Commons, untill brought under force, to proclaim the quite contrary. 3. If nothing, ab origine, can be shewed for that, did the King that summoned this Parliament, or the People that chose this House of Commons, supposed in the Case, passe over any such prerogative to them de novo; If either of them did, let us hear how. 4. It is too grosse an absurdity to be charged upon the supposed present, and all former Representatives; that being intrusted by the people with the sole Supremacy, they have of themselves associated to them the King, and the House of Peers, it being beyond the power of the constituted, and onely in the Constitutors to make such an alteration in the fundamentall Constitution; as Representatives cannot make Representatives or Proxies, so can they not take in Associates, or advance others, not impowered by them that impowered them into a Collegueship with them. I leave it therefore to every Reader to determine the Case, and passe Judgement. Whether the sole supreme Power, in the presupposed party, be derived to them legitimately, or be not a Self-created-power, and so a meer Usurpation, and that of the fullest dimension; being against a lawfully settled Government, in prejudice both of the just Magistrates and the people: and in contradiction to both the single tye of Subjects Allegiance to Soveraignty, and the sacred sanction of Vows, Oaths, and Religious Covenants.

CHAP. II.: Of yeelding obedience to a Power usurped at abovesaid. That it is not lawfull to give up ones self to the Allegiance of such a Power.

COncerning Obedience to an usurped Authority, I meet with two opinions, which I shall severally examine. 1. Is of those who hold obedience as due, and necessary; and that in as full a manner to such, as it is to the lawfullest Power. This is held, and argued for in a Tract, entituled, The lawfulnesse of obeying the present Government: as also in A Discourse, wherein is examined, what is particularly lawfull; &c. By Ant. Ashcam Gent: See in his 2d. Part, cap: 9. Although indeed they both propound their Edition: current; Page: [7-109b] opinion in the Title of their Discourse for obedience as lawfull; yet, in the prosecution, they plead for it in that fulnesse of latitude as due, and necessarie. This their Tenent they strive to maintain in relation to the present State of England. I shall deal with it in reference to the case above proposed, and in thesis 2. Is of those who, reserving their obedience as due and devoted to the lawfull Power, supposed to be still existent; do yet conceive they may submit and act under a usurped Power for the time, and during the intervall of its prevalency.

I begin with the former; wherein it is asserted by one of the foresaid Authorsa, (nd the other comes not short of him in the sense and current of his Discourse) That upon the issue of a warre, and the Expulsion of a just party, a man may lawfully give up himself to the finall Allegiance of the unjust party. Against this Position must my Judgement stand, which dictates to me that I owe no obedience to an Usurper; and to yeeld up my self in obedience or Allegiance unto Usurpers, who have no other title but their usurpation, is unjustifiable, and unlawfull, and that upon these grounds.

1. I cannot (if I would) yeeld up my self in obedience to him that hath no authority over me; take him as a Usurper, and my Allegiance is incompatible to him; obedience and authority; Magistrate, and Subject, are tearms of relation, and do Se mutuo ponere & tellere: they are inseparable from one another; if there be no Magistracy in him, there can be no obedience properly, and formally in me to him. I may (either warrantably or unwarrantably) do an act possibly which he commandeth, but that cannot be truly and properly said to be an act of obedience to him: his authority is null, of no realityb. He is no Magistrate, but a private person; my fellow Subject, (if one of the Nation) or a forreiner to me; his commanding over me and others is, as if a private Souldier should take upon him to give orders to his Company, or an inferiour Officer to an Army; or a servant should offer to rule over his fellow-servants.

In saying he is a usurper, you say enough for the nullifying of his Authority, and my obedience; whatever strength he may have to compell, he hath no Authority to command me: He is a Magistrate that hath the Subjects committed to his charge and care, say the Leyden Divinesc in their Synopsis, and principality, Edition: current; Page: [7-110a] Lypsiusd defines to be, A government delivered by Custome, or Law, and constitution to him that sustains is; and undertaken and managed by him for the good of the Subjects. Another defines a Magistrate to bee A publick person, elected by succession, let, or suffrage; which hath the right and power of Consultation, Judgement, and Command.

2. I may not (if I could) yeeld up my self as a Subject to the Usurper; in so doing, I should take away the right of the lawfull Magistrate which he hath over me, and injure him in the allegiance which I stand tyed in to him, and he still retaineth the claim of at my hands. The Magistrate is (in the case in hand) granted to be in being; he is but deprived of possession and enjoyment, not of property or title; he is yet standing in the relation of a Magistrate to me; and is onely outed of his station perforce. The obedience of a Subject is not so arbitrary, or loose a thing, as that I may place and remove it at pleasure, or as affairs go; but it is a debt which I must render to him unto whom it is due.Rom. 13. 7. Neither is Soveraignty so common, ambulatory, or prostitute a matter, as that its title ceaseth unto him that is violently extruded, or dispossessed of it, and becometh any ones that by force captivates it to himself; the expulsed Magistrate still standing upon his claim and right, and the power in possession having no title but his injurious and forcible entrance; the Subject is not disobliged from him that is expelled, nor at his choice to transfer his obedience to another, neither can the violent intruder challenge it. But in respect of the consequence of that which I here assert as unto resolution in this case, and for that I find the Gentleman, in the afore-named Discoursef positively delivering the direct contrary to it; and that which is (as I think) very strange doctrine both in Christianity and politiques, viz: That we are bound to own Princes so long as it pleaseth God to give them power to command us; and when we see others possest of their Powers,Part. 1. Chap. 5 page 22, 23. Part. 2. cap 9. page 90. we may then say, that the King of kings hath changed our Vice-royes; And further, that the point of right is a thing alwayes doubtfull;—possession generally is the strongest title that Princes have. And if possession was really the truest evidence to us of their (to wit, the expelled Princes) rights, then it is equitable to follow it still, though it be perhaps in a person of more injustice then they were. And the other book, I before cited, (viz: The lawfulnesse of obeying the present Government) maintains the same thing (both Edition: current; Page: [7-110b] whose arguments, for what they say, I shall take notice of, when I have layed down mine own sense and Reasons) I shall therefore here labour to make good these two things: 1. That meer forcible extrusion deprives not any lawfull Magistrate of his right and title to supreame Power. 2. That violent possession gives no right to the Seat of Authority; and consequently the Subjects allegiance is not turned about by the changes of powerfull possession, and dispossession.

1. Forcible extrusion or dispossession divests not of Dominion, that the state of the Subjects allegiancee should be altered by it.

First, if the vindication or recovery of a Princes, or peoples right of Dominion, out of which he, or they are elected, or excluded be a justifiable ground for his, their, and others in their behalf leavying and waging war, and prosecuting with the sword those that withstand the said recovery; then the right of him that is expulsed by force is not cancelled, or disanulled. The reason of this consequence is of it self evident, for nothing can be the ground of a war but a just and reall title, either to be defended, or recovered; but I assume, the recovery or redemption of a Princes or peoples right to a Kingdome with-held, or wrested from him or them, is a just ground of drawing the Sword, and commencing a war. This is proved (if it needeth any proof) by the war of the Judges & people of Israel, against the Kings and Nations that at severall times invaded and ruled over them; against whom they rose up, and rescued themselves, and the Dominion of their Land from them: the story of which acts, we have in the book of Judges, and by the warres of Samuel and Saul against the Philistines recorded in the 1. Book of Samuel: as also by Davids warlike undertaking against, and suppression of Absolom, who had carried away all Israel after him, into a Rebellion against David, & expulsed him out of the Land, 2 Sam. 15. &c. and 19. 9. In like manner by Jehoiada’s and the peoples rising in Arms against Athalia, the usurping Queen, in the right of Joash; and their suppressing, and destroying her,1 Macca. chap. 1. &c. and enthroning him by force of Arms. 2 King. 11. And by the wars of the Maccabees against Antiochus, Epiphanes, and his successors.g And the many undoubtedly lawfull wars of other Princes and States in such causes as these, which to insist on is superfluous in so clear a matter.

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Secondly, If right and title to Soveraignty be not built upon possession, but upon the Law of the Land, or other consent of the people, then it is not lost by dispossession; this consequence is founded upon that which a learned Statisth saith, Is a received maxime almost unshaken, and infallible, Nihil magis nature consentantum est, quam ut iisdem modis res dissalvantur quibui constituantur: There is nothing more agreeable to nature, then that things should be disolved by the same means they are constituted. From which he Infers, very pertinently to our case in hand, That if the part of the people, or Estate be somewhat in the Election, you cannot make them nulles or ciphers in the prorivation or translation. But the right and title of Soveraignty is not built upon possession, (which the proof of the latter Position will clear) but upon the peoples consent, which hath gone for so currant an axiome, especially of late, that it will certainly passe without contradiction.

Thirdly, If a private property be not lost by losse of possession, neither (or rather much lesse) can such a publique property be lost by that means; there can be no such difference made betwixt them as to enervate this consequence, and however, who sees not the incongruitie of this, that that which is the conservatory and protection of a private mans property, should be of a so much more slipperie tenure then it; but a private property is not lost by dispossession, if it were, for what use serveth the Law, or Magistracy? one main end of which hath been, to vindicate the Subjects right from usurpation, or what call you property? But he that either hath any, or granteth such a thing to be as property, will let this assumption passe.

Fourthly, If violent extrusion take away a Soveraignes right, then rebellion where it prospers and prevails is no treason; for there can be no treason, or other crime imputed as against the Crown, dignity, or authority of them, whose right therein is extinct and null; so that they are onely (according to this opinion) traitors or rebels, that rise up in Arms, and rebellion against the lawfull Power, and do not succeed and speed according to their desires. By this account, treason and rebellion shall consist, not in the maliciousnesse of the intent or attempt; but in the misfortune of successe, or impotency of the prosecution of it.

Fifthly, If force dissolve Magistracy; then that prohibition of Edition: current; Page: [7-111b] resistance under pain of domination. Rom. 13. 2. is in vain, in that it concerns onely them that cannot resist effectually, and is no more then if he had said, resist not ye that want power to do it, lest if ye do, ye incur damnation: for they that have power, and please to use it to the deposing of the Magistrate, being that in so doing they put an end to his fight, how can guilt remain on them?

2. Violent intrusion into, and possession of the Seat of Authority gives no right to it; and consequently neither draws allegiance after it, nor evacuates it in relation to another.

First, an unjust action cannot produce, or create a right.i Morall good, and evill are at such distance, that the one cannot be the cause, the other the effect; but violent intrusion into Authority is an unjust action: Luk. 12. 14. Man who made me a Judge, &c. and that whether it be by one that should be a Subject to that power, Rom. 13. 2. Whosoever therefore resisteth, &c. ver. 5. Wherefore ye must needs be subject, &c. Tit. 3. 1. 1 Pet. 2. 13. or by a Forreiner, Judg. 11. 12. 27. 2 Chron. 20. 10.

2ly, If violent occupation made a right;k then it were lawfull for any, that could make a sufficient strength for it, to rise up in Arms, invade, and seise on any Kingdome or Territory, he can prevail over; yea to kill and destroy men and Countreys for Empire and Dominion, asl Cæsar inclined to hold; for that which is of it self the way and means to place a man in a lawfull estate, or calling, and makes him a lawfull possessor of it, must needs be lawfull: but it cannot be held lawfull for any, that can finde power, and advantage, to invade Crowns and Countreys, as is evident by the proof of the Assumption of the preceeding Argument.

3ly, If possession by power give a title; then its unlawfull for an oppressed Prince, or people to raise warre, or use any other means to expell an Invader, or remove such as have come in, and hold meerly by force; for its unlawfull to resist, or fight against a just Magistrate, Rom 13. 1, 2. But it is lawfull for an oppressed Prince or people, by Arms, or otherwise to free themselves from a forcible Usurper, as manifestly appeareth by those presidents given in the proof of the assumption of the first argument for the former Proposition, to wit, the wars of Israel Edition: current; Page: [7-112a] in the book of Judges, and 1. of Samuel, of David, Jehoiadah, and the Maccabees, and by the known Law and practise of all Nations, and consent of all Divines, and Christians, who with one vote allow defensive and recuperative Arms, excepting the Anabaptists, and some ancient Hereticks of their stamp.

4ly, All force ought to presuppose a right in that about which it is conversant; whether for the defence or recovery of its wars (saith Francis Lord Verulam,m &c.) (I speak not of ambitious predatorie wars) are suits of appeal to the tribunall of Gods justice, when there are no superiors on earth to determine the cause, and they are as civill Pleas, either Plaints or Defences: Force therefore cannot create a right, seeing it is to follow it, and both give it the precedencie in time, and own it as its ground-work; Adde to this, that the Sword is committed to the Magistrate (and to him alone, saith Peter Martyrn) as its subject or owner; so that the Magistrate is before it, not made by it. The Sword makes not the Magistrate, (that is, it is not its principle of Generation,) but the Magistrate à warranto authorizeth the Sword; the sword may make for his conservation, but not for his Creation.

5ly, If force give a title (renitente populo) then that late so much decantated Aphorisme, All Power (to wit, Authority) is from the People, must be called in again; yea all Donations, Elections, Compacts and Covenants betwixt Prince and people are void, and null businesses. A third person that can get hold or power, and lists to usurp, may dissolve and evacuate them all; yea the Prince that comes in by them, when once he hath possession of the Power, holds by his power, and not by them, and can no longer, nor further look to retain his right to Authority then he can enforce it; and what Turkish and tyrannicall practises doth this doctrine put him upon of necessitie, if he will sit fast.

Mr. Asheam part. 1. ca. 2. Sect. 4.6ly, No man naturally is more a Magistrate then another: Magistracy being in truth not a naturall, but a civill relation; as is that of husband and wife, master and servant: it must therfore be founded on some mutuall and reciprocall act, or agreement of both parties, to wit, Rulers and Subjects; and cannot result out of the action of one alone of them, nor can neither partie be meerly passive, in contracting such a relation. A mutuall civill obligation cannot arise but of the joynt or interchangeable Edition: current; Page: [7-112b] concurrance of both.

7ly, Power and right, as also possession and right, are separable, as all experience demonstrates; so it was in the controversie betwixt David and Absolom, and so it frequently happens to be: successe and victory doth not seldome follow the wrong party; and he would be thought irrationall amongst all men, wheresoever in the world, but where reason it self is brought under tyrannie, that should say, successe is the onely Arbitrator of Controversies of right, and is ever infallible.

8ly, Strength and Authority also are two distinct and separable things, and rarely meet in the same subject, but where either bruitishnesse, or all miseries prevail; man hath dominion given him over the beasts, many whereof are (and were by creation) stronger then he; What is a Generals natural strength to that of the Army over which he commands? What is a Kings, or a Counsels personall strength to that of the body of the people over which it sways? yea what is the hand in the naturall body to all the members under its government, in point of force? We see a small board or two, put in the place of a rudder, guides the whole vessel. Amongst some beasts indeed the strongest rules; but amongst men it is not regularly so: yea, among some unreasonable Animals, not force, but fitnesse designed by Election obtains the rule. Bees, they say, choose their king, of whomo Plinie observes, that either he hath no sting, or Nature hath denyed him the use of it; being onely armed with majestie. And Aristotle saith,p It is by a kinde of naturall equitie and merit, that he that is of a sage and disercet understanding should rule; on the other hand he should obey, and be in subjection, that hath more strength of body, and Arms to perform service.

9ly, Where there is no title but power, there can be no rule for Government but power and will: onely that which gives right to Magistracy must set bounds to it; how can they be tyed to Laws, in exercising Government, that are tyed to none in coming by it? If the basis or bottome of Government be power, that must also be the measure of it;q so that a Magistrate, so holding, is confined to no justice, or Law; restrained from no violence, or sacriledge that his Power may extend to. That power, against whose forcible intrusion the Laws, and Constitutions made by Prince and people, for the settling of the Edition: current; Page: [7-113a] Crown or Soveraigne rule, are of no validity, can reasonably have no obligation upon it from any other Laws made by the same parties;r the Authority that makes the Law is the Soul that quickens it; the Law springs from Authority, as the act doth from its habit or principle; so that grant, or prostitute Authority to the Sword as its right, and you subvert all settled Laws, whether fundamentall or superstructory; and this all experience, as well as reason, dictates; for where, or in what Age did meer force assume the Empire without a lawlesse arbitrarinesse challenged to it self?

10ly, If you yeeld the Sword such a right where it can be master in the publick or civill State; why should it not have the same interest in the private, domesticall, and personall? So that pyrates, theeves, and robbers, may justly claim a right to that which they can lay their hands on, and be accountable to none for their spoil and rapine.

[Editor: illegible text]11ly, Whereas the Apostle to the Romans Chap. 13. 2. forbiddeth resistance (or contraordination) to the lawfull power ordained of God, and that upon pain of damnation to be received by him that doth it, if force give a right to that power; his action, that resists with victory, shall be justifiable, and the resister shall gain a Crown instead of receiving damnation; and none shall fall under the guilt and penalty of resistance, but he that offers to resist, and cannot make it good. The sense then which this Position puts upon this text is catachresticall, and it glosseth the words so, as to be an incouragement to resist the power, for he that resisteth the power prosperously (according to it) possesseth justly that ordinance of God, and in truth purchaseth to himself (not damnation, but) domination.

Having thus, I hope, sufficiently cleered the duty of Allegiance to be not the violent intruders, but the oppressed and violently extruded Magistrates; I shall proceed to other Reasons against Subjects giving up themselves to the obedience of a usurping party.

3. If I should do that, I should yeeld assistance to the Usurper in his wrong doing, and usurpation; and so become a partaker of his sin: obedience to one, as the supreame Magistrate, is a comprehensive thing, and includes many duties towards him at a power, viz: Receiving Commission from him for offices, Edition: current; Page: [7-113b] or acts otherwayes not competible to me; maintaining and defending him in his power by pay, counsell, intelligence, Arms, and prayers; all which I am bound to yeeld the Usurper, to my power, if I resigne mine allegiance up to him: and how shall I do these things, and not 1. support, and have communion with him in his wickednes. 2. Combine against, betray, and resist the right of the injuriously dethroned Magistrate. 3. And make my self uncapable of obedience, or being a Subject to the lawfull Power hereafter.

4. It were a publick wrong to the Nation I am a member of so to bestow mine allegiance; were I and the Countrey free from all tye of subjection (in the presupposed Case) to the expulsed Magistrate; yet I could not lawfully make such a private bargain of my allegiance, its the part and duty of a particular person in a Nation (that is joyned together as one body politick or Common-wealth) not to choose his head, or supreame Governor by his single election, or vote, but, when a new Magistracy is to be erected, or Magistrate advanced, to attend the common and generall vote of the people, or body politick he is of; solitarily, or with a small party to alter the state and posture of my publick allegiance (in this case) would be sedition, and faction; the current of the people or community I am of it to be followed, at least where they justly dispose of the Soveraignty over them. It was in it self a loyall, and right resolution (had it been in such a case as this, and not misapplyed) which Hushai exprest, Nay, but whom the Lord and this people, and all the men of Israel choose; his will I be, and him will I follow; It would be to me (I confesse) a difficult case, and harder then I will here undertake to resolve, if the body of the Kingdom (in the case in hand) should either collectively, or representatively conspire; notwithstanding their oaths, vows, and Covenants, to abrogate the ancient Soveraigne Power, and to set up the Usurpers; but that’s not the present case, here is no generall consent of the Kingdom presupposed, or pleaded for in behalf of the Usurper; the dispute is about obedience to meer Usurpation. And in this state of things, to leave every man free, to make over his allegiance by himself, is to open a doore to more divisions then ever yet were in any Age, or Nation, and would confound all, not an heptarchy; Edition: current; Page: [7-114a] but a chiliarchy,1 Sam. 10. 27. 2 Sam. 19. 41. 20. 1. or myriarchy might follow. When Saul had a generall vote of the people to be King, they were children of Belial that refused him; and at Davids re-invelling after Absoloms treason, and fall, the men of Israel challenged them of Judah for going about to restore the King without them; the far greater part of the Kingdom, and that man of Belial, Sheba, the son of Bichri, was justly pursued with the sword unto death, for blowing a trumpet of defection from David, when they both had consented to re-advance him.

5. But there is a bar yet behinde, of as main a strength as any yet stood on, to keep back such a submittance to the Usurper, and that is the Oaths, Vows, Protestations, and Covenants presupposed above to be taken by the people, for their owning, obeying and defending the power or Magistracy displaced, and in opposition to whose right the Usurper comes and continues in.

I have hitherto discussed the question in a case without reflection upon any particular Kingdom, or reall Subject; and so I shall do still, onely I shall borrow leave, in the prosecution of this Argument, to presuppose, in the aforesaid Case, the Oaths and Covenant were the same that have been taken in this Kingdom of England. The Author of the book called, The lawfulnesse of obeying the present Government, in his 11. page moveth an inquiry thus: It were good to consider whether there be any clause in any Oath, or Covenant, which, in a fair and common sense, forbid obedience to the Commands of the present Government, and Authority: and proceeding, he onely makes enquiry into one clause of the Oath of Allegiance, which he thives to bow to his sense, and passeth by all besides. I shall speak to what he saith on that clause anon; and shall here onely interrogate, or propound by way of quære, concerning divers clauses in the Oaths, Protestations, Vows and Covenants.

First, concerning the Oaths of Allegiance and Supremacy, whereas in the former, it is sworn, I shall bear faith, and true Allegiance to his Majestie, his Heirs, and Successors: and him and them will defend to the uttermost of my power, against all conspiracies, and attempts whatsoever, which shall be made against his, or their persons, their Crown, or dignity. And in the latter, I shall bear faith, and true allegiance to the Kings Highnesse, his Heirs, and lawfull Successors: Edition: current; Page: [7-114b] and, to my power, shall assist, and defend all jurisdictions, priviledges, preheminencies, and Authorities granted to the Kings Highnesse, his Heirs, and Successors; or united and annexed to the Imperiall Crown of this Realm. First, do not these Oaths binde, whomsoever hath taken them, clearly, plainly, and in terminis to an Allegiance, over-living his Majesties person, and pitched upon his Heirs and Successors; so that he is not free from the Oaths at his Majesties decease, or then left at randome to pay his allegiance to whom he will choose? 2. Do they not intend, by His Majesties Heirs and Successors, the same persons, joyning them together with the copulative (and) and not using the discretive (or) and the former Oath twice comprizing both in the following clauses under the same terme or pronoune, (viz: them, theirs) so that, according to these Oaths, His Heirs, are of right his successors, and none can be his Successor, (whilest he hath an Heir, and longer the Oath lasts not) but his Heir; and If any conspiracy or attempt should be made to prevent his Heir from being and continuing his successor, or to make any one his successor that is not his heir, (if he hath one) is not the Subject sworn, by vertue of this Oath, to continue his allegiance to his Heir as the right successor, and to defend him in that his right to his uttermost? 3. And doth not the tearm (lawfull) annexed to Successors (in the Oath of Supremacy) manifestly exclude all cavill of a distinction betwixt Heirs and successors; the word (lawfull) (whether you interpret it of legitimation of birth, or proximity of succession in regard of line, according to the Law of the Land, entailing the Crown upon his Majesties issue; or rather both the latter including the former, restraining successors from meaning any other then his heirs? 4. And do not both these Oathes binde the swearer to assist and defend to his uttermost power, against all attempts, Monarchy, or the Kingly Office, and Government (in the race of his Majestie) cleerly expressed by many tearms, to wit, Their Crown or dignity, all jurisdictions, priviledges, preheminences, and Authorities, granted to the Kings Highnesse, his heirs, and successors, or united, and annexed to the Imperiall Crown of this Realm. How then can he yeeld obedience to them that are not his heirs, nor lawfull successors, nor do so much as wear his Crown, or sway the Regall Scepter? How can he not oppose, and withstand Edition: current; Page: [7-115a] them in the assistance and defence of the right of his Majesties heirs and lawfull successors?

2. Concerning the Vow and Protestation of the 5. of May, 1641, and the Solemn League and Covenant. 1. How can any that hath taken the said Protestation according to it, maintain and defend the true Protestant Religion, expressed in the Doctrine of the Church of England, against all Popery, and Popish innovations within this Realm, contrary to the same Doctrine; and yet yeeld obedience to an usurping authority, coming in, and holding in derogation of, and opposition to the lawfull Prince; when as the publick doctrine of that Church (layed down in the 2. Tome of Homilies, and the last Homily thereof approved of by the 35. Article of Religion) fully and flatly refuteth, and condemneth any Subjects removing, or disposing their Prince, upon any pretence whatsoever?

2ly, How can any man according to the Protestation, maintain and defend, the power and privileges of Parliament, and according to the Covenant preserve the rights and privileges of Parliament; and yet yeeld obedience to a small party of one of the Houses of Parliament, as the Supreame Power, the said party excluding the rest of that House, and the other House wholly; and deposing the lawfull Prince, and abolishing the Office of the King, whose presence, personall, or legall, and politicall, hath been declared inseparable from the Parliament, and joyning with an Army, that with force hath demanded, and carried on these things?

3. How can be, according to the Protestation, maintain and defend the lawfull rights, and liberties of the Subjects, and, according to the Covenant, preserve the liberties of the Kingdom; and yet obey, and own a meerly usurped power. Whereas the most fundamentall civill Liberty of a Kingdom, and Subjects is to have a Government over them, set up by the constitution, or consent of the people; not obtruded on them by those, who of their own will and power, without any calling from them, assume it to themselves?

4. How can he, according to the Covenant, preserve and defend the Kings Majesties Person, and Authority, &c. and yet yeeld obedience to those usurpers, who, after his death, cast down his Authority, and place themselves instead thereof as the Edition: current; Page: [7-115b] Supreame Power; whereas his Authority, in the plain intention of the Covenant, is to be preserved and defended beyond the tearme of his life, and in his posterity; as it appears from this clause compared with those words in the preface, Having before our eyes the glory of God,—the honour and happinesse of the Kings Majestie, and his posterity?

5. Lastly, how doth he, according to the Protestation, to his power, and as far as lawfully he may, oppose, and by all good wayes, and means endev’ur to bring to condigne punishment all such as shall either by force, practise, counsels, plots, conspiracies, or otherwise, do any thing to the contrary of any thing in this present Protestation contained; and, according to the Covenant, not suffer himself directly, or indirectly, by whatsoever combination, persuasion, or terror to be divided, or withdrawn from this blessed Union and conjunction; whether to make defection to the contrary part, or give himself to a detestable indifferencie, or neutrality in this cause, which so much concerneth the glory of God, the good of the Kingdome, and honour of the King, but, all the dayes of his life, zealously, and constantly continue therein against all opposition, and promote the same, according to his power, against all lets and impediments whatsoever, that yeeldeth allegiance, and obedience to a party standing, and leading all those that agree to obey them in so palpable contradiction, and opposition to some materiall points, and concernments of Religion, divers most fundamentall rights of the Parliament and people, and all the Authority and whole being of the King, contained and covenanted for, in the aforesaid Protestation and Covenant respectively.

CHAP. III.: The question discussed, Whether submission to, and acting under a usurped Power for the time, be lawfull, with a reservation of Allegiance to the lawfull Power supposed to be expulsed.

I Now come to enquire into the other opinion before mentioned, viz: That one may submit, and act under a usurped Power, for the time, and during the intervall of its prevalency; with reservation of allegiance, as due and cordially devoted to the lawfull Power expulsed. And about this we Edition: current; Page: [7-116a] shall not insist long, because we finde not much contestation or difficulty.

In regard of the justnes, and necessity of some things which may be the subject, or matter of the Usurpers command, and the Arbitrarinesse of others, and the lawfulnesse of either, not depending upon the command or warrant of a superior, but resulting out of the nature of the action it self; so that a private man might do it, were there no Magistrate to command it, or no command from the Magistrate for it. We must needs grant, there are things which may be done upon the Usurpers command or injunction, (though not because or by vertue of it) for the command of him that unwarrantably assumeth power, cannot, by it self, make that unlawfull which were lawfull if that were not. For instance, the performance of acts of common equity, charity, order, publick utility, and self-preservation is requisite: suppose it be in concurrence with a Usurpers command, and in thus doing we do materially, but not formally obey him; the ground of acting, in such things, being not at all any relation, or principle of subjection to him; but conscience of obedience to the will of God, and doe respect to others, and our own safety, and good. Under this sort of actions I comprehend:

1. Taking up Arms for the preservation of our selves and the Countray against a common Enemy, upon the Usurpers summons; the which we might do of our selves, were there no Authority; or if a just Authority were in being, yet if it could not, or did not, maturely enough call us forth to it.

2. Payment of taxes, and bearing other impositions for the usurping Power, where, and while we are under his compulsive power, because such contributions may, and will be taken whether I will pay them or not; and I yeeld them under his enforcement, as a ransome for my life, or liberty, or somewhat else that is better to me then the payment; and consequently I am to choose the parting with it as the lesse evil, rather then with that which is better, which to loose is to incur a greater evill for the avoidance of a lesse. In this point Mr. Ascham, the afore named Author, (Part. 2. Chap. 1. page 35.) determineth well (had he not contradicted (as I understand him) that he delivers in this and the next Chap. with that assertion of his Edition: current; Page: [7-116b] part. 1. cap. 6. page 25.) distinguishing rightly betwixt that which cannot be had, nor the value of it, unlesse I actually give it; and that which may be taken whether I contribute it or no. Of this latter kinde is paying of Taxes in this case;a herein I am but morally passive, as a man that is fallen into the hands of a pack of bloodie theeves; and, being demanded it, takes his purse out of his pocket, and delivers it to them, though with his own hand (saith that Author) he puts his purse into their hands, yet the Law cals not that a gift, nor excuseth the thief for taking it, but all contrary. Or a man, apprehended by a party of the invading Enemies, or Usurpers Army, walks or rides along with them to their muster or battell, when as he cannot escape them, and otherwise they would draw him. But it is commonly objected thus. Obj. This payment or other charge is taken, and will be used to an evill use as to maintain Usurpation. R: But that’s beyond my deliberation, not in my power to prevent; it will not be avoided by putting them to force it from me, but rather more gain will accrue to them, and damage to me, if I stand out; my denying will be made an occasion by them to take more: this case is like that of entering into a Covenant with those that in covenanting we know before hand will swear by a false god, wherein, Divinesb resolve, the partie swearing by the true God participateth not in his sin that swears by a false one, in as much as he communicates with him in the Covenant, not in the oath taken on his part, and provides thereby for his necessarie security; and thus did Abraham, and Jacob, in their respective Covenants with Abimelech and Laban.

3. Complaining, petitioning, or going to Law before the Magistrates or Courts authorized by the Usurpers. (Provided, you give not the Usurpers, to whom you petition, such Titles as you give to the lawfull Magistrate.) In thus doing, I seek my necessary self preservation; neither do I yeeld,Excusantur à peceato inducendi tyrannutn ad actum, & opus ilicitum petentes ab illo iustitiam quia non retunt actun illititum, sed justitam illius ottin illiciti pie interpre. tandx sunt petitiones tam iustitiæ quam tionestu uratiæ quæ ofteraneur Tyrannis, seillcerss vis, seu ex que vis detinere, & exercere hoc diminium, utere illo juste, utere honesle, utere pie, utere ad utilitatem publicam, & priratorum, prout deceret dominium nec intendunt, nec petunt actum usurpatum, led qualitattm iamctam inactu usurpato exercendo. Caietam Iummula, Tit. Remp. tyrannice, &c. or ascribe to them to whom I have recourse any just power of judicature, or participate in their sin of usurping it; onely I acknowledge they have might and ability in their hand to right me; which, though they ought not to assume, yet I may take the benefit of their unjust use of it; as a poore man may receive relief at the hands of him that hath gotten those goods he distributeth Edition: current; Page: [7-117a] unjustly; and I may receive my money, with a good conscience, from the hands of a thief that is willing to return it to me, though he took it by robbery, from another thief that robbed me of it; and if the party, with whom I have a controversie for my right, will agree to refer the matter, betwixt us, to a private person as an Arbitrator, and stand to his arbitrement; that is a lawfull means of coming by my own, though by his help, and award that hath not claim of Authority over me; my submitting therefore my private right to the judgement of an usurping Magistracy, is no placing or owning a publick power of judicature to be in him. It hath been ordinary (and there is no doubt of the lawfulnesse of it) for a Souldier to ask quartor, a prisoner liberty, a man his plundered goods of his Enemy: yet in all this there is no concession of a legall power in that Enemie to be a Judge over the said Petitioners, either in case of life, goods, or liberty; onely in the form of addresse to the Usurper, we had need be cautelous that such a style be not used as will be a plain concession of his title to the power which he usurps.

But, in granting liberty of concurrence with some commands of an usurped Authority, we neither yeeld any obedience at all to be due, or performable to it; nor can we allow a correspondence with it in divers things, and therefore we are to put a difference.

First, betwixt things that are in themselves necessary, and those that are of a middle or an indifferent nature in themselves considered. In the latter; though, in some cases, I may act upon the Usurpers injunction; as our Saviour payed tribute where he was not bound to it, to avoid scandall; yet I must be cautious, 1. of owning, justifying, or upholding the usurpation, or injustice of the party commanding, the very appearance whereof I must as much as I can avoid. So did our Saviour, in paying the tribute gatherers their demand, by declaring his freedome, and the consideration upon which he payed, viz: not the equity of the demand, but his willingnesse to prevent scandall. And therefore in the observing of a duty of Religion, necessary in it self, and appointed, by unjustifiable Authority, to be kept on such a set day, which is in it self, arbitrary, the best way is, to take another day for it, Edition: current; Page: [7-117b] for the shunning of the appearance of the evill of obeying an unjust power. 2. Of doing any thing that I may foresee will bring a worse scandall being acted, then the omission of it would; it being required of a Christian, where scandall-takeing lyes both wayes (as not seldome it doth) to shun the offence that is of worse consequence, which is usually that which is more generally taken, or by persons more considerable, or worthy of tender respect. The Apostle Paul, condemning Judaisme in Peter, and others at Antioch, practised in favour of a few, where the most part were Gentlle Christians, Gal. 2. 11. &c. but admitted it at Jerusalem, where the greater sort were beleeving Jews, Act. 21. 20, &c.

2. Betwixt morall, or prudentiall acts competible to private men, or subjects, and politicall acts, or judiciall proceedings that flow from power, and Authority inherent in the person that acts them, or are the issues of distributive justice, and either come forth from a person clothed with Government, or unto which is requisite a stamp of Authority to make them lawfull, and justifiable: as to bear the office of a Magistrate, or Commander in Civill or Military affairs, or to be any under Agent, or servant in carrying on, or assisting the Government. An Usurper, in giving out Commissions, Commands or Warrants for proceedings of this nature, I conceive may not, in this kinde, be obeyed. Men are not to act as subordinate rulers, or agents, under such a power, or as sent by him as supreame in the Apostles sense, 1 Pet. 2. 14. For,

1. The Usurpers authority being indeed null, and of no effect, he being in truth but in a private mans capacity, as to the power he assumes; he cannot communicate, or derive any authority unto me, whereby I may act, that which before I could not; so that those actions, which require the seal of Authority to make them lawfull, and which without it would be irregular and sinfull, it must needs be clearly unlawfull for me to do, by vertue of his Commission. Conscientious advised men will generally judge it presumption, violence, oppression, bloodshed, respectively for a private man to take upon him of himself, to imprison, chastise, amerce, or put to death any supposed, or really manifested malefactor; and if I have no other humane warrant but the Usurpers, it leaving me but in Edition: current; Page: [7-118a] a private mans capacitie, will leave my actions of that nature under no better a character. If I should, being about such undertakings, be asked that question of our Saviour, Lick. 12. 14. Man, who made thee a judge, or a divider over us? What satisfaction would it be to him that so enquireth, or to mine own conscience to alledge the name of the Usurper, who, as to supreme Authority, and consequently to the making of a competent Officer of Justice, is as good as no body.

2ly, So to act would make me a usurper also, and bring me in to be a partner in the supreame usurpers sins; in as much as politicall or State instruments, to wit, their subordinate agents, share together with the superior in the morall qualification of the work of Government.

3ly, This were manifestly to uphold, and maintain Usurpation; thus I should contribute assistance and support to the unjust power, and oppose the right of him, or them against whom he holds it; they that favour this kinde of acting as requisite, in regard of the subjects protection, and safetie, seem not to consider, that a subordinate officers acting looketh upward, as well as downward; and he that is such a one to the Usurper, serves his turn of subsistence in an unlawfull possession as much, or more then the subjects benefit. For first, he acknowledgeth and justifieth his authority as sufficient and valid by officiating under, and by it. 2. He keeps up that authority, and extends it to as many as he hath to do with: 3. He gives an example and encouragement to others to embrace and propagate it, as he himself doth. 4. He layes an ingagement upon himself to stand or fall with the Usurper; and so to do his utmost for him. 5. He involves himself, either wittingly, or blindfoldly in a concurrence with those counsels, and actions, which both in their own nature, and in the intention, and projection of the Usurper, directly tend to the Usurpers establishment, and the impeachment of the lawfull Governors claim, and re-advancement.

Upon these grounds, and the like, the secluded and the so-joyned members (in the case stated. Chap. 1.) had need be advised well before they enter, or act among the presupposed Usurpers: though they might be admitted by them without questioning, or purging, I question how they can enter Edition: current; Page: [7-118b] amongst them without self-soyling: though they should, in going in, resolve to act honestly, yet, I see not how they can be untainted in a concession with those, who in their present comprehension or totality, assume a power not legally in them, and act legislatively, and otherwise in the highest sphere of Supreamacie: a force being upon the House, and the majority of Members, and the Authority of the King, and the Lords-House being professedly excluded by them. They that are out may do well to resolve, before they joyn, how it can be lawfull for them that sit to act at all (though never so just things) the whole, or body, to which they belong, being so mangled in its Members, and manacled in its freedome. And, if at all they may act, how according to Law, conscience, and their Oaths and Covenants, they can govern in that solitarinesse of supreamacie,Et magnum sit τῶν πολιτικοιτ[Editor: illegible word];τφν σϰιμμαζαν, [Editor: illegible word] sit in Consilium tyrinni, si in aliqna de re buna deliberaiutus sit. Quare si quid ejusmoli evenerit ut accersamur, quid censeas mihi saciendum, ut qui scribien. Nihil enim mihi adhue accidit. quod majoris coasilit ed. M. T. Cicero, epist. ad T. Pomp. Atticum. I. to ep. 1. and deposition of their compeers: if they think these things unjustifiable in them that sit, have they not cause to be warie how they involve themselves in such mens actings, whilest they stand in that posture? Besides, that they in coming in help to strengthen the usurpers by increasing their number, and giving them countenance in the eye of the Kingdom, as much as if they in all things concurred with them; for without the House, who knows how men sway, or give their votes? And, on the other hand, they weaken and much prejudice the claim of the lawfull Power, by appearing on the contrary party, putting themselves into an incapacity to act for it, as otherwise they might, and ingaging themselves to assist, or at least, not to oppose the Usurpers.

Finally, let them recollect, before they enter that doore, what they have sworn to his late Majestie, his Heirs, and lawfull Successors; what to the Parliaments Power, rights and priviledges, and what to the Kingdom, and Subjects lawfull rights and priviledges; and deliberate how they, keeping of those things, and sitting down with these men, will be reconciled. I finde that even wise Heathens have scrupled at this, without the supposition of such Oaths.

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CHAP. IIII.: The obligatorinesse of the Oaths and Covenant, urged in the 2d. Chap: against obedience to Vsurpers, made good against divers late Authors.

BEfore I take in hand to answer Arguments that are brought for the confirmation of those two opinions for obedience to Usurpation, and against which I have argued in the preceding Chapters; it will be convenient in this place to take notice of such allegations and Exceptions, as are made against the obligation of the Oaths and Covenants before urged as binding out from that obedience: sundry late Authors having pleaded that the Oaths, and Covenant either are not now in force, but expired, or do not extend too, and binde in the case to which they are applyed. I begin with the Remonstrance presented to the House of Commons, Novemb: 20. 1648. which unto the clause in the Solemn League and Covenant, Art: 3. obliging to endevour to preserve and defend the Kings Majesties person and Authority, in the preservation and defence of the true Religion, and liberties of the Kingdom: alledgeth divers things, some of which concern onely the obligation to the preservation of the Kings person, those are past consideration, other reflect upon it in relation to his Authority, as unto which I have urged it to be still in force, and therefore shall examine what the Remonstrance saith for the invalidating of it as unto that, bringing in onely so much of its argumentation, as can be construed to tend to this purpose: and of this nature I observe two Allegations.

1. The words (in the preservation and defence of the true Religion, and Liberties of the Kingdoms) are a restriction to the engagement for preservation of the Kings person, and Authority, so as to oblige them to no further, nor in any other way then shall be consistent with the preservation and defence of the true Religion, and liberties of the Kingdoms, but if by reason and experience we finde the preservation and defence of her person to be not safe, but full of visible danger (if not certainly difficult [Editor: illegible word]) to Religion, or publick interest, then surely (by the covenant it self) the preservation of his person or authority is not to be endevoured so far, or in such away, or at least the Covenant obligeth Edition: current; Page: [7-119b] not to it, but against it: page 55, 56.

1. It is not necessary nor proper to take the words, in the preservation, &c. as restrictive to the engagement either way, that is either for the preservation and defence of the Kings person and Authority on the one hand; or of the true Religion and Liberties of the Kingdoms on the other: It is not necessarie (I say) for those words in the Article (in our severall vocations) are an expresse, and fully sufficient restriction, taking in, and binding to all lawfull and just wayes of preserving and defending each of them, and excluding all unlawfull. Neither is it proper, [in] there being clearly conjunctive, and as much as [with] and equally looking both wayes, that is, both to the preservation and defence of that which goes before, and that which follows, unto the preservation and defence of all which (though they be not of equall worth or intrest, so that one of them must come behinde the other in the order of our endevours of their preservation and defence, yet) the Covenant binds equally (in regard of the firmnesse of the obligation) yet if any shall still contend, that clause to be restrictive in that manner which the Remonstrance saith, I will not strive in a verball contention with him; for the taking of it so no more lesseneth our obligation to the preservation of the Kings Authority, then if it had not been inserted; we being tyed notwithstanding it, so all just wayes of preservation therof, and no more had been involved if it had been left out.

2. But the sinews of this Argument lyeth in the pretended or implyed inconsistency betwixt the preservation and defence of Religion and the Kingdoms liberties; unto which I say:

1. There is doubtlesse a fair consistencie, non-opposition, or agreement betwixt the safetle of every one of these, the being of each of them may and can stand with the other, it is a groundlesse surmise, and grosse absurditle to imagine an inconsistency betwixt the just intrests of any of them, our taking of them together into the Covenant yeeldeth thus much; if there were any incoexistency amongst them, we could not have sworn to their joynt preservation; or if we did, the Oath was of impossibles, and so (as to this branch) both unlawfull and void, or non-obliging in the making of ita.

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2. An endevour to preserve the one and the other will well enough stand together; a lawfull power indeed actually and effectually to preserve them all may happen to be wanting, and any one of them may fall under danger, and I may want just means to relieve it, but an endevour (which can onely Import a doing what is within power and warrant) may be yeelded still to the preservation of every of them.

3. Seeing then that an inconsistibility either of the things one with another, or of the endevouring their preservation cannot be pleaded as possibly incident or occurrent, evident it is, that there cannot at any time lye a necessitie of taking away of any of them, and that the obligation of the Covenant to the endevour of preserving every of them continually stands in force during their respective existence, and consequently it bindeth out from intending, seeking, attempting, or prosecuting the abolishing or destruction of any of them; for that is indeed truly inconsistent with the said endevour, and therefore a palpable violation of the Covenant.

It must here be granted, that the lawfull and necessary defence and preservation of one of them, sometimes may so imploy me that I cannot at that time by the same means act for the others safety; yet what I act for one, may put the other in hazard, and in the issue not onely be accompanied with, but (though against my will, and endevours to the utmost of my lawfull capacity) contingently, and besides my intention prove the losse and ruine of the other: and this is incident not from any contrariety or Inconsistency that is betwixt them, but both because they are distinct, and separable things, and so cannot alwayes, and by the same medium be concurrently prosecuted: and because some of them are more worthy then the other, which must therefore have the preheminency thus far, that if they cannot altogether with my best endeavours be secured, I am to prefer the security of the most precious, and expose any of the other rather to danger then it. As for instance, it will (I soppose) be admitted to be agreeable to the Covenant, for the Kingdoms rather to omit the safe-guarding of their Liberties, and put them to the hazard then the true Religion, where both cannot be joyntly put out of danger: but all this amounts not to a disobligement from Edition: current; Page: [7-120b] the endevour of preserving them all; nor to a liberty upon any emergency of active, direct, and purposed making away, or removing of any of them, though under pretence of securing the other. I have read of one Alcon, who finding his son fast on sleep upon the grasse, and a Serpent creeping upon his breast, he not apprehending how otherwise it was possible to save his son, took his Bowe, and shot at the Serpent upon the boyes breast, which (though to the manifest endangering of his life) yet he chose rather to take that course, then by suffering the Serpent to leave his life to a more certain destruction; and either his art or good hap was such, as that he prevented and slew the Serpent, and preserved his Son:b those whom we are bound and most solicitous to preserve, we may upon an extreame exigence put in some hazard that we may preserve them; but there is a great difference betwixt this, and a deliberate purposed, declared prosecuting them to destruction.

Manilius ll 3.3. But how doth the Remonstrancer prove the Assumption, viz: The inconsistency pretended betwixt the endevour of the preservation of the Kings person and Authority, and the preservation of Religion and liberty? thus he saith, By reason, and experience we finde the preservation and defence of his person and Authority, to be not safe, but full of visible danger (if not certainly destructive) to religious or publick Interest.

If the one could be said to be certainly destructive to the other, you would have said it without an [if not] but it seems you have not confidence to assever so much, and yet they cannot be purely inconsistent without such a destructivenesse; so that your own extenuation sufficiently discovers the weaknes of your proof, all that you affirm is, That there is no safetie, but a full visible danger in the preservation which you impugne.

1. The danger you pretend is in the disposall and use of the things to be preserved, not in the nature of the things. For Instance, the Kings Authority is politically and morally good, the ordinance of God, and if well used may be eminently advantagious; if evilly used may be dangerous enough to Religion and liberties: the like may also be said or the privileges of the Parliament, and of the liberties of the Kingdoms in relation to Religion, and to each other; will you thence infer an inconsistency of these with Religion, or a disobligement Edition: current; Page: [7-121a] from the Covenant for preservation and defence of these?

2. As there may be danger that way to the things specified, so there may be danger and insecurity to the same things on the other hand, viz: in the destruction of the Kings person (suppose it were undone) and Authority, and let impartiall Reason and Experience judge, whether the preservation or destruction thereof hath more danger in it to Religion, and the Kingdoms Liberty.

3. But seeing there may be some danger on each side, and in the preservation of the Kings Authority, there is no more pretended but danger, and that but of suffering, not of sin, it is apparent, that as there is no such inconsistency as is intimated, so the obligation of the Covenant to the preservation of the Kings Authority stands good, and our safest way is to avoid the horrid sin, and greater danger of Covenant-breaking, by standing upon the said preservation.

2ly, The other thing which the Remonstrance alledgeth, and is to be cleared is this. Where severall persons joyning to make a Covenant, do make a covenanting clause therein to the good or benefit of another person not present, no party to the agreement, but whom, and whose Interest they would willingly provide for as well as for their own, to the end he might joyn with them in the agreement, and partake the benefit thereof as well as themselves, if this absent party (when it is tendered to him for his conjunction) shall not accept the Agreement, but refuse to joyn in, and oppose it, and begin, prosecute and multiply contests with all the Covenanters about the matters contained in it. Surely that person in so doing by his once refusing upon a fair and full tender, sets the other Covenanters free from any further obligation, by vertue of that Covenant, at to what concerns his benefit or interest therein. Now whether this be not your case, &c.

1. True indeed, a releasement from Covenants and promissory oaths, which concern matters betwixt man and man is granted lawfull some wayes: But, 1. this must be done by the party with whom the Covenant, and to whom the Oath is madec, but as the Remonstrancer acknowledgeth, this Covenant was made the King being not present, nor a party covenanting, or covenanted with but a third person, the persons covenanting, and covenanted with mutually (as by the Introductory part is manifest) were the Noblemen, Barons, Edition: current; Page: [7-121b] Knights, &c. in the Kingdoms of England, Scotland, and Ireland, it was it may be desired, and hoped that the King and his Issue would afterwards approve and joyn in it, but the Covenant was actually plighted, and therefore did actually binde in every branch of it they not taking it; and (the parties with whom we covenanted not releasing us) the pretended refusall of the King could be no discharge from it. 2. A releasement can be made by the party covenanted with and sworn too, onely where the Covenant is for the particular and proper interest of that party, or so far onely as concerneth him, but not to the prejudice of a third parties concernment without his consentd; but the Covenant (even in that part of it) was not meerly or chiefly of a private or personall importance to the King himself, but was, and is of a publick interest to the Covenanters themselves and the Kingdoms; the Kings refusall therefore and opposition to it could be no release from it: we say on all hands, the King is for the Kingdom as the means is for the end. We have ten parts in the King, said the men of Israel of David; and at another time they said and sware, Thou shalt no more go out with us to battell, that thou quench not the light of Israel. What portion have we in David? and we have none inheritance in the son of Jesse, the ten Tribes said, when they made a revolt from, and rebelled against Reheboam.

The Introduction of the Covenant in laying down the concernments and ends for the making of it, expresseth it self thus: Having before our eyes the glory of God, and the advancement of the kingdom of our Lord, and Saviour Jesus Christ, the honour and happinesse of the Kings Majestie, and his posterity, and the true publick liberty, safety, and peace of the Kingdoms wherein every ones private condition is included. And a little afterwards, We have for the preservation of our selves, and our Religion from utter ruine and destruction, resolved, and determined to enter into a mutuall and solemne, League and Covenant, &c. And Art: 6. it styleth its cause, This Common cause of Religion, liberty and peace of the Kingdoms: which cause, it saith presently after, so much concerneth the glory of God, the good of the Kingdoms, and honour of the King.

2. The King never refused to agree to, nor did he oppose the matter of this particular clause: as touching this there could be no dissent on his part, his prescribing and standing Edition: current; Page: [7-122a] upon the Oaths of Allegiance and Supremacy, wherein this clause is contained, his avowing the difference and was on his part to be for the defence of his person, and authority; his putting forth Oaths to them that adhered to him for the preservation of these, makes it as clear as noon-day that he refused and opposed not this branch. Now upon this consideration, the Remonstrancer hath not onely failed in his allegation, but overthrown his own argument; he saying in the place before cited, Although the Kings refusing sets the Covenanters free from any further obligation by vertue of that Covenant, at to what concerns his interest and benefit therein, yet the Covenant as to other matters concerning the right and benefit of the Covenanters one from another stands still obliging, and in force. I may by the same reason say, the Kings refusing the Covenant upon exception against other clauses, not this, and his opposing other matters in the Covenant, not this, could not dis-ingage or release the Covenanters from this, about which there was not the least dissent or reluctancy, but a concurrence full enough on his part; so that the Covenant must stand still obliging and in force as to this part.

3. If the Kings said refusall and opposition could have discharged us from this member of the Covenant as to his own person and interest in the Authority, yet with all your straining you cannot stretch them to our release from preservation and defence of the Kingly Authority in relation to his posterity, who were in proximity to him interested in it; and for whose interest therein the Covenant was also madee; and whose refusall of it, nor yet a tender of it to them, you do not, cannot once plead.

I have done with the wrong glosse of the Remonstrancer endeavouring to impeach the obligation of this clause of the Covenant. I finde another (a deare friend of his) tampering with it also to elude the tye of it; and he offers it no lesse violence, but in a more unhandsome and grosse manner. It is that Polemick, or Army-Divine, Mr. J. G. in his Defence of the Honourable Sentence, &c. The man in that book undertaketh, and bends his skill to a double unhappie, and crosse designe, to wit, to varnish and guild over that which is very foule, and to besmear and obscure that which is very clear. In his prosecution Edition: current; Page: [7-122b] of the latter he fals upon this sentence of the Covenant, in dealing with which he correspondeth with the Remonstrancer, and as this hath challenged to himself a prerogative to enforce men and Magistrates, so doth he arrogate to himself to be a bold enforcer of words and Covenants; a more strange and presumptuous perverting of plain words, I never read nor heard, then that which he useth to this clause, when he saith, page 51. Evident it is, that those words in the Covenant in the preservation and defence of the true Religion, and liberties of the Kingdoms, import a condition to be performed on the Kings part, without the performance whereof, the Covenant obligeth no man to the preservation or defence of his Person or Authority. And this condition he makes to be, page 52, 53. That he preserve and defend the true Religion, and liberties of the Kingdom: and of this his paraphrase of the words he saith, If this be not the clear meaning and importance of them, the Covenant is a Barbarian unto me, I understand not the English of it. The vast exorbitancy, audaciousnesse, and impietie of this his wresting, and straining of these plain words, I leave the Reader to take the measure of: I shall onely endeavour to free them from this his distortion.

1. Let the words themselves speak, they do not say in his preservation and defence, &c. but in the preservation and defence, &c. plainly referring to the same preservation and defence of Religion and Liberties which is before promised, and sworn in this and the preceding Articles, and as evidently referring to the same persons preservation, and defence of them here, which are to preserve and defend them in the former clauses, and which are to preserve and defend the Kings Majesties person and Authority in this, viz: the Covenanters. If the Covenant had intended to pitch the preservation and defence in this clause upon another person, or persons, as the performers besides those to whom the same actions are referred immediately before, it would have pointed them out distinctly; but when it expresses no other, ordinary construction will attribute them to the parties before nominated; and no regular construction can put them upon any other. This reading is plain English to him that knows the language, and will understand, and Mr. G. proves himself a barbarous dealer with the covenant, in that he will have it, either to admit of Edition: current; Page: [7-123a] his antigramaticall sense, or to be a Barbarian to him. I dare appeal to Mr. Gs. own conscience, if it be not either speechles, or a Barbarian to him, whether, when he took this Covenant, he understood this clause in the meaning he would now thrust upon it; or rather hath not played the Dœdalus since, in shaping, and bringing forth this sense to serve his turn, and defend what hath been since acted.

2. In making this the importance of those words, Mr. G. contradicts his friend, or Patron the Remonstrancer, in his expounding of them, and takes away the very medium, or ground of his argument before brought in out of his book, page 55, 56. and answered above. For he page 55. takes those words either at a restriction to the engagement for preservation of the Kings person and Authority, to wit, at obliging no further then it consistent therewith: yea he proposeth whether the said engagement may not be so understood as to be fulfilled in the preservation of Religion and Liberties; neither of which senses can carry that clause to the King as the performer: and in page 56. he explaineth this preservation, and defence of Religion, and liberties to be the Parliaments Covenanted utmost endeavour to preserve them. Let Mr. J. G. then leave endeavouring to reconcile the Covenant and his cause which are at too great odds to be reconcileable, and go make the Remonstrancer and himself friends, who differ so diametrically in their sense of these words.

3. How will Mr. G. make this sense of his, and the proceedings against the late King stand together? for before the King was so proceeded against, he had consented to all that was positively proposed to him for Religion, at least for 3. yeers; and for the privative part propounded, to wit, the Abolition of Episcopacy he had not denyed it, but granted the present suspension, and referred the utter extirpation of it to the deliberation of the Assembly, and ordering of Parliament; against whose consent he had agreed nothing should be done for the restoring of it: and had granted fully the Parliaments overtures for Liberties. Neither doth the Remonstrancer, or any other (as far as I have observed) insist on the shortnesse of the Kings concessions in any particulars of either nature, as the ground of those capitall proceedings, but on the inexpiablenesse of his former facts, and the unsafenesse of trusting him Edition: current; Page: [7-123b] for future upon any tearms. If then the King, immediately before the fatall prosecution against him, did (as his present state would permit) concur so amply in the preservation of Religion and Liberties, they were bound that had taken this Covenant by vertue of this clause taken in Mr. Gs. sense, whatever had been his former carriage) then to endeavour the preservation of his person and Authority. The Covenant in this branch is indefinite, and unrestrained in regard of time; it doth not say (suppose Mr. Gs. meaning had been its words) we shall preserve the Kings person and Authority, if he shall (within a yeer or two after this) preserve Religion, and Liberties; but obligeth the Covenanters whenever the King should joyn in preserving Religion and Liberties (as Mr. G. understandeth it) to the preservation of his person and Authority. Here then Mr. G. instead of weakning the Covenant, as to the end it was urged by those whom he opposeth, hath by wringing turned it against himself, and that his adored cause which he would have defended and that with more strength then is in any of those reasons (or rather shifts and colours) brought by himself for any other Roscius — for it.

4. If that indeed were the sense of that clause which he would out-face us into the accepting of, what can be said against the binding of it to the preservation and defence of the kingly Authority still? (though the then King be deceased) it being before proved, that this clause obligeth to it in reference to the Kings posterity, against whom there can be Objection of a fail in this supposed condition, it being unperformable without default whilest possession of the Authority is with-held; and the Authority being with-held before, either any refusal of the supposed condition, by him that should perform it, or any overture so him, for the obtaining of it be made.

I have thus done with the exceptions made against the obligatorinesse of the Covenant, in the matter in hand; I now passe to the Examination of what is pleaded against the force of the Oaths of Allegiance amongst the impugners of them; Ile begin with him whom I had last to deal with, Mr. J. G. who in the same book, pag: 58, 59, 60. thinks to discharge us from these bonds, with a Reason framed as followeth.

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(In recitall whereof I shall rehearse as much of him as expresseth his Argumentation, omitting those two hetorogeneous instances [of keeping back a mad mans sword, and of a States dis-engagement from league with another State that hath first broken league with it] as impertinent both to his reason and our case.)

Peter Martyr (saith Mr. G.) well abserves concerning the promises of God [that they are to be understood according to the present state and condition of things when they are mad.] meaning that no performance of them is intended by God in case men shall decline from that integrity under which, and in relation unto which such promises were made unto them: so neither are the promises of men, whether made with oath, or without to be so understood, or if the makers of them stood bound to perform the terms of them under any possible change or alteration what soever in the persons to whom they are made. Chrysostome writing upon those words, Matth. 19. 28. Shews, that Judas, though the promise of sitting upon a throne was made unto him as well as unto any other, yet by reason of that change which afterwards appeared in him, through his wickednesse, forfeited and lost his right of interest in that promise, nor doth any promise though confirmed with an oath, of allegiance, obedience, or subjection unto a King, and his Successors, or posterity, binde any longer or otherwise, either before God or men, then whilest, and or this King or his successors, shall continue in the some department of themselves in the discharge of their trust, and administration of their power, whereby they commended themselves to us at the time when we sware such allegiance to them, and in consideration and expectation whereof the same war sworn by us; therefore the King being so notoriously changed, &c. evident it is that God himself by the tenor and impartment of his promises, and Jesus Christ by the like tenor and import of his, fully and fairly acquits us from all engagements, and tyes which the Oath of Allegiance at the time of our taking it layed upon us.

2 Pet 1. 4. Psal. 138. 2.What? and must the exceeding great and precious promises of God, and his fidelity and truth therein, which he hath magnified above all his Name, be thus traduced? must the honour of God, which it so much concerned in taking, and violated in breaking an Oath, be yet much more impeached in the bringing in, and mis-reporting of his example to patronise mens falshood and perjury therein? And when an Oath cannot lawfully be dispensed with, or justly rendred non-obliging, must the forcible and ungodly bursting of it asunder be fathered on him, who Edition: current; Page: [7-124b] in the Truth, the Amen, the faithfull and true witnesse?

But to endeavour a vindication briefly.

1. Mr. G. you have here done that learned and solid Divine P. Martyr a double wrong. 1. In curtailing his sentence, and breaking it off in the middle, suppressing those following words which would have cleared his sense to be none of yours. 2. In mis-translating the words which you cite, his words truly rendered and rehearsod out are these, Therefore those promises of God, (to wit, that of our Saviour, Matth. 19. 28; which he had in the Section last before brought in, with Chrysostomes interpretation upon it, quoted by you, and those of Gen. 9. 2. Jer. 18. 7, 8. with Chrysostome also upon them) are to be understood with reference to the present state of things, wherefore when we hear the promises of God, it behoves us thus to conceive, either they have some condition annexed, or they are layed down absolutely; Furthermore either they are of force onely for the present time, or they must be fulfilled in after timef. It is by this recitall evident, how you by leaving out the word [ille] have falsified P. Martyrs text, who is speaking onely of some particular promises, conditionally made, and (as he saith) respecting the present time which he distinguisheth from others; but you would have him understood of any promises, and draw an universall negative from his words.

2. You are not content to misconstrue this servant of God, but you dare to mis-represent, and mistate the minde of God himself; you say indefinitely of the promises of God, That no performance of them is intended by God, &c. where as the Scripture is clear (and most unhappie were men if it were otherwise) that 1. there are absolute promises wherein performance is intended by God, notwithstanding men shall decline in these said integrity, and whereunto such promises have no relation as to their validity or fulfilling. Take for instance, Psal. 89. 33, 34. Hosea 14. 4. Ezek. 36. 25. &c. Heb. 8. 10. &c. 2. In conditionall promises, though there may be partiall and temporary declinings in men from their said integritie (as there was eminently in Peter, one of those parties to the promise, Matth. 19. 28.) yet God performeth the promise to true beleevers, through, and for Christs sake, In whom all the promises are yea and Amen, and that alwayes,2 Cor. 1. 20. if it be a promise of the life Edition: current; Page: [7-125a] which is to comes and often, if it be a promise of the life that now is, namely, when it is good for them, according to those promises, Psal. 84. 11. Rom. 8. 28. 1 Cor. 3. 21. And if there be a performance by God, certainly there was an intention in him of that performance, notwithstanding such declining, For he worketh all things after the counsell of his own will. And for this you might have hearkened to P. Martyr your own Author, In the place whither he referreth you in the Section quoted by you, speaking thus. But because the conditions of legall promises could not be performed by men, God out of his own mercy hath substituted Evangelicall promises in their place, which though they have conditions annexed, yet they are held out gratis. And a little further he saith, The Evangelicall promise may stand good without those conditions. How this is, he presently after explains thus. Therefore impossible conditions are annexed, that men warned of their infirmity, and fully understanding it, they may betake themselves to Christ, of whom they being received into favour, and justification being obtained, they may obtain those very promises, for us to them they of Legall are made Evangelicallg.

3. You rest not in this mis-alledging of Gods promises, (though in it, you betray audaciousnesse, and unsoundnesse enough) but you rise higher in presumption, making an odious comparison, or rather equalitie between God and man, in promises and covenants, whereas the case of the covenanting of these two is far enough different; for if it were granted, that God in some of his conditionall promises intendeth no performance nor obligation on his part, but upon condition of mans perseverance, must there needs be therefore an equivalency, or conformity throughout thereunto in mans Covenants with man? must they therefore be all of them so made or understood? or rather is there not of right a vast disparity? God is no mans debtor, he is not bound to man, there is no right in the creature from God, he can claim nothing from Edition: current; Page: [7-125b] him, otherwise then by promise: God may do what he will with his own, and all is his own. But with man it is not so,Alia enim tatio est obligation is ubi debitum sundatur inpremissione, ubi veto promissio sundatur in debito longè alia. D. Sand. de jutament, prælect 6. Sect. 9. either towards God, or man, he stands in divers relations, and is tyed in many duties, even towards men, before he covenant or swear, unto which single tye, the bonds of Oaths and expresse and solemn Covenants are often in weightie matters added, for confirmation and greater security. And thus it is in the point in hand, there is Allegiance due without the interposition of an Oath, or any such engagement by particular persons; we are in a settled State, born Subjects, and both claim the immunity and protection, and owe the duty of such, without personall indenting, or oath-taking; and this obedience is owing to Princes, or Magistrates without condition of Religion, or Justice on their part performed; the Scripture is clear for an irrespective (and in regard of the Rulers demeanor) absolute subjection: Exid. 20. 12. 21. 25. Rom. 13. 1, 2, &c. Tit. 3. 1. 1 Pet. 2. 13. 1 Sam. 24. 6. 7. 26. 9, 10, 11. Jer. 27. 12. 29. 7. Matth. 22. 21. And the Doctrine of orthodox Divines generally is, that obedience is due to the most degenerate, tyrannicall, and oppressive Magistratesh. When therefore this necessary and unconditionated duty (as to the parties behaviour) becomes the subject of an oath, or personall engagement, it is not capable of capitulations or conditions to be performed by the persons sworn to, upon which the obligation of the oath shall be dependent; to admit such qualifications, would frustrate the end of a promissory oath, which is to give assurance and security (and that the strongest men can give) to the party unto whom the oath is made, of what, either was before, or is then made due by promise; instead whereof the inserting of conditions of this nature in this case would make what was before clearly owing now more dubious and uncertain to the expectation of the proprietor: and would be apt to beget in the debtor a perswasion, (upon non-performance of conditions) of a discharge as well from the matter, as from the obligation of the Oath.

4. Of Humane Covenants, or promissory oaths, whereof the subject or matter is arbitrary, and we are not otherwise bound to then by Covenant, or Oath, there are severall sorts,i some are absolute, having no expresse condition annexed, Edition: current; Page: [7-126a] but are simply undertaken, saving that those generall and constant provisoes of every promise or oath which need now expressing, are to be understood therein, viz: that the thing when it comes to be performed be lawfull and possible, and notwithstanding the understanding of which the obligation is absolute. As for instance, such was that promise and oath of Joseph to his father Jacob, Gen. 47. 29, 30, 31, &c. and that of the children of Israel to each other, Judg. 21. 5. And that of Jonathan to David, 1 Sam. 20. 12, 13. Others again are conditionall, wherein something future, that is contingent, or depending upon mans will is particularly, and expresly comprised as a qualification of the matter to be performed, the failing of which is a discharge of the person engaging from the promise or oath. Such was that of the servant to Abraham, Gen. 24. 2. 3. 4. 8. 9. And that of the Spics to Rahab, Joshus 2 12. to 21. Now then for Mr. G. to say generally of all oaths and promises whatsoever, whether they be of things in their own nature necessary, or of things arbitrary; whether they be absolute, or conditionall; and to say specially of all promises and oaths of Allegiance, or subjection, and particularly of these oaths in question, that they are conditionall, and binde no longer, nor any otherwise then whilest, and as the partie covenanted with, or sworn to, behaves himself as he did at the time of covenanting, is both in it self, and by what is here said, as also by the ordinary practise of men in Indentures, and oaths apparently inconsistent, and absurd; and to infer such an universall loosening of men from Oaths and Covenants, of what nature soever, upon the parties miscarriage to whom the engagement is made, from the conditionallty of some divine promises, is (besides the impietie of it above denoted) an insupportable non sequitur, and by Mr Gs. sophistry never to be maintained; yet this is all the Logick of this Argument.

Having thus (I hope) sufficiently taken away the Exceptions of this Author against the force of the Oath of Allegiance, I leave him thaining and travailing about that stone of Sisiphus, (to wit, the guilt of Royall blood) which he labours to foul away in that his book, and proceed to another.

The next I meet with that strikes at the obligation of this Edition: current; Page: [7-126b] Oath, is one that asserteth himself to be of those whom he that I had last to do with, professeth himself a Champion against, that is, the Presbyterian part, but in this (as far as my ken will reach) he is alone for them: I mean the Author of The lawfulnesse of obeying the present Government, who in his 11. and 12 pages pleadeth against is with the Reasons which follow, being here set down by parcels, with my Answer to them so distinguisht.

1. It were good (saith he first) to consider, whether there be any clause in any Oath or Covenant, which in a fair and common sense forbids obedience to the Commands of the present Government, and Authority, much lesse when no other can be had, and so the Common-wealth must go to ruine.

1. The many clauses of severall Oaths, and of the Covenant and Protestation, which strictly forbid such obedience, I have urged [Chap. 2.] whither I refer him.

2. But by his last sentence recited [much lesse when no other, &c.] together with his marginall quotation [of a Popish Schoolman or Casuist telling us, When a thing sworn is too difficult, or he that swore is by the change of abilities or estate rendered lesse apt to perform: or lastly, when the thing sworn is an hindrance to the swearer from consulting the publick good, then there is a lawfull cause of dispensing in the Oath] he seems as if he would insinuate a cessation of the Oath in our case, unto which I say.

1. Take dispensation, in the usuall Popish acception, and all power of dispensing in Oaths and Vows, in whomsoever it be supposed to be, is denyed with one consent, (as far as I have observed, or ever heard) by Protestant professors: and it is a meer popish doctrine, and papall arrogation exploded from amongst us.k And this Oath hath it self precluded and cut off all use of this shift of a dispensation in these words. I do beleeve, and in conscience am resolved, that neither the Pope, nor any other person whatsoever, hath power to absolve me of this Oath, or any part thereof. And this I the rather note, upon occasion of this Authors quoting a Doctor of the Papacy for the dispensabilitie of an Oath, in regard that some of late (if I mistake not) have taken upon them to discharge people from this Oath, or (which is all one) from the Allegiance therein sworn to. Unto which act I shall onely speak thus much, either they assume Edition: current; Page: [7-127a] power to do this as the party to whom the Oath is taken, or as a superior, by the analogie of that Law, Numb: 30. 3, 4. But, 1. they cannot do it as the party sworn to in that Oath, for they are not that partie in the Oath, the King, and his Heirs, and Successors are the onely persons to whom, and in whose behalf the Oath is taken, and consequently they onely that can release from it as parties; nay they are the party swearing, and therefore far from a capacity of discharging others from that Oath, as presently I shall shew. 2. Neither can they do it as a superior by the equity of that Law, Numb: 30. For, 1. their lawfull superiority in the case they now stand, is the matter under question. 2. The power of a superior to undo the Oath, or bond of the inferior, prevails onely in those matters wherein the party is under the power of the superior, and not in other matters, which are without the extent of the superiors authorityl. Now this Oath concerns a duty owing to another, which they that interpose to discharge from it have no right to dispose of. 3. But however the superior can onely by the Law cited, or any other right come in to make void the Oath of the inferior, which was taken without his knowledge and consent,Animadvertendum tamen est penes hos non esse satultatem reseindendi quodll. her [Editor: illegible word] subditorum; sedillud [Editor: illegible word] cuius materia est [Editor: illegible word] [Editor: illegible word] subitsts Alsled. Theol. Cas. cap 15. and that also he may onely do in the day that he hears of it; but if he either allow the making of it, or declare not against it presently, when he comes to know of it, he hath no power thenceforth to recall it, as is clear by the Text. Now the Oath of Allegiance was so far from being disallowed, or declared against as soon as it was known, that it was inacted and injoyned by both Houses of Parliament, and moreover it was constantly to be taken by all the Members of the Lower House at their entrance into that House; so that besides their incompetency to discharge from the Oath who have assented to it; Let any man shew how they who are parties to the oath, and have themselves taken it can disanull it; the obliged parties disanulling is a strain above Papall dispensation.

2. But to speak to these causes of dispensing with an Oath according to the Casuists Divinity, which the Author applyeth to the case in hand. 1. When the thing sworn is too difficult, or the swearer is by the change of ability,Reg. 2. num. 16. or estate, rendred lesse apt to perform. If by this difficulty of the thing, and unaptnesse of the person sworn, he mean, the thing is become impossible, and Edition: current; Page: [7-127b] the partie utterly unable to observe it. All reasonable men will grant so far as the impossibility lyes and so long as it continues the Oath binds not, but this is not to our Authors purpose, for to cease from an act, that is, from obedience to the present Government, can never be impossiblem. But if he intend by difficultie and unaptnesse, that the thing sworn to will bring hard tearms upon the swearer, or breed him temporall losse, and trouble, this is no cause to infringe the tye of an Oath, or give a discharge from it; He that hath sworn to his own hurt, must not therefore change from it: Psal. 15. 4.

2. When the thing sworn is an impediment to the swearer from consulting the publick good.Obligatio tollitur quoad id solum quod est factu impossibile quoad reliqum vero maner, & qui non potest omne quod debet, debts tamen omne quod potest. Idem Sect. 12.

1. If the thing sworn should become privative of, or opposite to, the publick good, or well-being of the Nation in Its own nature, & necessarily, it were unlawfull, and consequently the oath would be void, for to a sinfull thing there can be no obligation. But if it be onely of that nature which they call impeditive of a greater good, that is, if it stand in the way (not of the good of the Kingdom simply, and absolutely respected, but onely) of some higher degree of good supposed to be attainable; this consideration will not bear that weight, as to frustrate an oath. As for example, when a people that hath sworn obedience to a lawfull form of Government, which yet is not absolutely the best, as suppose to a Democracy, or Aristocracy, or that hath sworn obedience to a lawfull Prince, who yet is not simply the ablest that can be found for regall parts and qualifications, such may not take themselves discharged from their Oath, because there may be a better modell of Government, or a better qualified person to make a Prince sound out, and for that cause cast off their present Government and King, and set up another because comparatively better. It was doubtlesse better for the people of Israel, that the Gibeonites had been destroyed, as the rest of the Canaanites were (if there had been no oath to the contrary) then that they were spared (besides that the sparing of them was against an expresse positive Law:Est regula iuris, rei impossibilis nulla est obligatio. Deut. 20. 16.) and so the congregation judged, and therefore grudged at the sparing of of them: yet in that case the Oath for sparing them stood inviolable. Josh. 9. 15. 18, 19. 2 Sam. 21. 1, 2, &c. It was in like Edition: current; Page: [7-128a] sort for the Kingdoms greater good, that Zedekiah and his people should be free from Nebuchadnezzar subjection, yet that was not a dissolution of that Kings Covenant and Oath, Ezek. 17. 12, 13, &c. 2. It will at no hand be granted, that to withhold obedience from a usurped Power is in it self impeditive of the publick good at all, I know inconveniencies are by this Author urged to follow, if such a Power be not obeyed; as that, Else all Authority must fall to the ground, and so confusion, (which is worse then titular tyrannie) be admitted. But all Authority hangs not upon the back of Usurpation, this may come down shortly again, and that recover it self, and stand upright. Present quietnesse and security are like to be but in a sickly state, obey, or obey not; and for justice, as there is none where every man is left to himself, so there is usually little to be had from the hands of an unjustly gotten Power; Dominion being wont to be worn as it was come byn. An Issachar-like bowing down under the Common-wealths oppressions is not for publick good (neither were we told thus when the Parliament began to stand up, and awaken the people to shake off Expilation and oppression) the Orator will tell us, Servitude is the worst of Evils, and to be repelled at the charge not onely of war, but deatho. Nay Religion will dictate to us in the words of the wisest earthly King, That righteousnesse exalteth a Nation; and, The throne is establisht by righteousnesse. Under Usurpation then we can expect no settlement; and to submit to it, is to help to fasten that which is certain to fall, and to fall with the greater confraction, by how much it is more favoured. Commotion and tumultuousnesse is sure (in reason) to follow violent domination. Let Israels many and turbulent changes of their Kings (after their departure from the house of David) be a president for it, of whose kings for their speedie and fatall ends, it may be said, as it was of many of the Romane Cæsars, that they rather seemed to be kings in a Scene, or personated on the Stage then reall Authorities. The standing off from obedience is but like to speed the Commotions, and make them easier. To perswade men to couch down under Usurpation, when it is gotten up to save troubles, is as if a man that is got into the briars should stick therein, because he may take himself in offering to get out; or he that hath a festered sore, or grown disease in Edition: current; Page: [7-128b] his body, should let it alone, and go on, because it will stir the humours, and cost him some pain to be cured.

2. The same Author proceeds, And whether it, (to wit, any clause in any Oath or Covenant) forbids obedience to the present Authority, more then to Laws that have been formerly enacted, by those which came into Authority meerly by Power. 1. You have not yet produced any former Princes that had any hand in the making of a Law, that came into the regall Authority meerly by power; for although some of them got possession by the Sword, yet (to omit the alledging of other title) they were confirmed, by the Kingdoms consent in Parliament, before they concurred in Enacting Laws for the Kingdom. 2. The Laws you reflect on were not meerly made by those Princes whom you pretend to have come in meerly by Power, but were constituted by Parliamentary Enacting; And for any former Parliaments coming into the Authority meerly by force, you neither do nor can alledge any thing.

3. He urgeth further. If it be said, that in the Oath of Allegiance, allegiance is sworn to the King, his heirs and successors, if his heirs be not his successors, how doth that Oath binde? Either the word successors must be superfluous, or it must binde to successors as well as to heirs; and if it binde not to a successor that is not an heir, how can it binde to an heir that is not a successor? And if you will know the common and usuall sense (which should be the meaning of an Oath) of the word Successors, you need not so much ask of Lawyers and learned persons, as of men of ordinary knowledge, and demand of them who was the successor of William the Conquerour, and see whether they will not say W: Rufus, and why succeeded Rich: the 3d: and whether they will not say, Hen: the 7th: and yet neither of them was heir: so in ordinary acception the word Successor is taken for him that actually succeeds in Government, and not for him that is actually excluded.

This Author in these lines raiseth much dust, that it may serve him for a double end: 1. To obscure the genuine sense of this clause of the Oath, that it may not seem to make against him, as indeed it doth; and then to detort and wrest it, to the advantage of his Usurpers interest. 1. He would cast a mist upon the words of the Oath, to over cloud its true sense, and this he attempts in the fore cited Discourse untill you come to this mark ∥: he endeavours i: by placing an ambiguity Edition: current; Page: [7-129a] in the word [Successors], and setting it at odds with the word [Heirs] whereas this clause of the Oath is clear enough in it self, and far enough from the use he would make of it; and firm enough to the sense which he opposeth. Which that I may evince, I desire the Reader to observe these two things.

1. That the Oath intends by Heirs, and Successors, the same persons which may evidently appear, 1. By the manifest drift of the Oath, and intention of the Authority that prescribed it, which is the continuance and assurance of the Crown (upon concession of his then Majesties just title) to his Heirs in succession after him, and one another lineally, and the defence of them therein against all other corrivals or opposers; this I cannot see which way will be gainsayed; and being so, it will inforce us to grant the Oath, and Oath-giver, could not mean by successors any other then heirs. 2. In that the words [heirs and successors] are joyned by the copulative [and], whereas if they should have intended different parties, the discretive [or] should, in true syntaxis have been put betwixt them. 3. In that his heirs and successors are immediately in the Oath denoted by the same pronounce [them], and again by the same possessive [their] in those words, (and him and [them] will defend to the uttermost of my power, against all conspiracies and attempts whatsoever, which shall be made against his or [their] persons, [their] Crown or dignity) but if they be not the same persons, how come they to be thus particled together? especially how can they immediately after his Majestie be instituted to the same Allegiance, and defence therein in relation to the same Crown and dignity; admit them divers, and the Oath will import a contradiction: and will any man imagine, so irrationall a thing as that Authority hath so long imposed, and the Kingdome, especially the most intelligent persons in it, have universally taken an Oath so irreconcileable to it self. 4. The Law of the Land (unto which this Oath must needs be yeelded to be consonant) ordains his Heirs to be his Successors.

2. That the Oath understands by Successors, those onely that are so de jure, and not any others, that contrary to right may intrude into the royall Seat, and injuriously make themselves successors onely de facto. For, 1. In the Oath we swear Allegiance, and defence to Successors; now what man of conscience Edition: current; Page: [7-129b] would ever impose, or take an Oath of this nature to any (but in his intention) a just party, for to such a one alone could he swear in righteousnesse according to Jer. 4.2. 2. The Oath appropriates the Crown and dignity to Successors, as theirs, in these words, [their Crown and dignity] now theirs, and their right are all one. 3. The Oaths of Allegiance, and Supremacy must needs accord, and this may be the best Explanatorie of that: now this, viz: the Oath of Supremacy prefixeth the word [lawfull] to Successors, and confineth our allegiance to his lawfull Successors in these words, The Kings highnesse, his Heirs, and lawfull Successors: which epithite will not permit the word Successors, either in that or in the Oath of Allegiance (unlesse you will unreasonably make them jarring) to be carried to any successor but him that is such of right. And this reason will also irrefragably confirm the former Proposition, viz: that the Oath intends by Heirs and Successors, the same persons, for who are his lawfull Successors? the Law will tell you, his Heirs.

By these two Propositions (sufficiently cleared I hope) we may understand how the Oath (in that clause) binds; and that, 1. There is no superfluitie in the word Successors; for an Identity in sense of divers words is no vain Tautalogie, many words signifying the same thing being ordinarily used (and especially in Oaths, and such like punctuall forms, and particularly in the Oaths of Allegiance, and Supremacy in divers other clauses) for explication, and significancies sake. And though heirs and successors in the clause in hand mean the same persons, yet it may be in a divers consideration, as thus: They are Heirs in his Majesties life time, and Successors at his death respectively. 2. That the Oath binds neither to his Heirs, nor Successors disjunctively, or the one taken from the other, but to both conjunctively, as one: and taking Successors aright, that is, for lawfull successors, we need not, cannot say that it binds either to a successor that is not an heir, or to an heir that is not a successor, viz: de jure, though perhaps he may be prevented, or delayed from actuall succession, or rather possession.

2. But this Author will have [Successors] to signifie such as are so de facto, and do actually succeed in Government; And Edition: current; Page: [7-130a] by this means this passage of the Oath shall make for the Usurper if he be in possession. I have said (I think) that which is enough to fore-stall this alreadie, but let his Argument be heard, and receive a formall Answer; it is in effect thus.

The common and ordinary acception of the word Successor, means him that actually succeeds in Government; but the word Successor in this Oath, must be understood in the common and ordinary acceptiont Ergo, the word Successor in this Oath must mean him that actually succeeds in Government.

1. I answer to the major by denying it if taken universally; and if it be not, the Syllogisme is false: the major not being universall in the first figure. For although one common sense of the word Successor, is he that actually succeeds whether by right or wrong, yet that’s not the sole usuall acception of the word, and this I shall evince the same way that he goes about to prove his acceptation to be the common one; and in so doing, confute also his proof of his major which is thus. If you would know (saith he) the common sense of the word Successors, ask not so much Lawyers and learned persons, as men of ordinary knowledge, and demand of them who was William the Conquerours successor? they will say, W: Rufus. Who succeeded Rich: the 3d: they will say, H: the 7th: and yet neither of them was heir. R. Although I yeeld not his rule to be the best (for if Successor be a tearme used in the Law (as it is in this Oath prescribed by Law) Lawyers, and learned men in the Law, were there any obscurity would be the fittest Interpreters of it; for it is a maxime, we must beleeve every one in his own facultie or Actp) yet I shall refer the matter to it so the question may be rightly propounded, and as the case in hand will allow. This Author propounds it fallaciously, and unapplicably to the present purpose, in that he demands de præterite, and so as the question onely interrogates of an actuall Successor [who was successor, or did succeed such a one?] and then the answer (whether made by men learned or unlearned) must needs bring in him that did succeed in fact. But let the question be put de future, and thus onely it is sutable to a promissory oath which respecteth the future time, and a thing to be done in it; and consequently to this Oath which is promissory, and runs de future. I shall bear faith and true Allegiance; and I will defend, &c. Edition: current; Page: [7-130b] and was taken of a successor not that had succeeded, but that was to succeed, and it will be this, who is to be his Majesties successor? and then let even the man of ordinary knowledge answer it, and see whether he will not say, not every one that can catch it, but he that hath right to the Crown. And by this sitting of the question to the current of the Oath, and the resolution that the thing it self gives to it, as the proof of his Proposition is taken off, so the contradictory to it is necessarily inferred, to wit, that the sole, common and ordinary acception of the word Successor, is not him that actually succeeds in Government. But if the word Successor be capable of a divers acceptation, what obligation can there be to successors in the Oath? R: Although Successor in common usage may be taken two wayes, to wit, either for a successor in fact, or a successor in right, yet in the Oath it can be taken but in the latter sense. For, 1. It is a rule for the finding out of the sense of an Oath agreed on among Casuists, that in Oaths injoyned, or imposed by others, we must construe them in that sense which is known, or may most probably be judged to be the prescribersq; but his end in this Oath being the support of his Crown in a lineall succession from himself, according to his right settled by the Laws, his sense intended by Successors could onely be, they that are such de jure, and the same that are his heirs. 2. To take the word in the other sense, viz: for Successors de facto, how unjustly soever possessed is inconsistent. 1. With the nature of an Oath, which must be taken in righteousnesse: Jer. 4. 2. that is, to oblige onely to that which is just. 2. With the word Heir, which being placed first in the Oath, must first be served; and successor can be onely understood in congruity with it. 3. With the Oath of Supremacy, which bindeth us to the lawfull Successors. 4. With the Law of the Land, which appointeth succession to the Heir. 5. With a possibility of keeping the Oath, for if heirs and successors mean divers persons, how can the Oath of Allegiance, and defence of the Regall dignity be observed towards both?

Having vindicated this passage of the Oath of Allegiance from this Authors distortion, I cannot let him passe without without a brief animadversion or two more. 1. Whilest he contends about the sense of Successors, and would have it Edition: current; Page: [7-131a] understood of actuall succeeders, that it may favour the Usurpers, he forgets what is the object of that succession, viz: a Crown, and regall dignity, wherein by vertue of that Oath those Successors are to be defended: wheras they whose power he pleads for, (and in whose behalf he undertook to answer this clause, as not forbidding obedience to them) have not onely put by the rightfull Successor, but abolished the Crown and Regall dignity it self; unto what then would he have his mecenates to be successors? or how will he reconcile obedience to them with defence of the Crown, and royall dignity? 2. It is to be admired, that a person of so fair a character (as is given him by the worthy Authors of the Religious Demurrer) should begin this Section of his with a generall deliberative, (It were good to consider, whether there be any clause in any Oath or Covenant, which forbids obedience to the Commands of the present Government,) and yet take no notice of any thing in this or the other Oaths and Covenants, save of this clause onely in this Oath, which it seems he thought he could not onely loosen from obliging against him, but draw over to be accident to him, which how well he hath performed, I leave the Reader to consider. And I further admire how (seeing he accounteth Oaths sacred bonds, and reverend obligements) he feared not to use such enforcement to the clear letter of so tender and sacred a thing; for though any body can say a tyrant sine titule, or a Usurper is a Successor de facto when he is in, yet that he is such a successor as the Oath intends, viz: one that we are sworn in allegiance to, and are bound by that Oath to defend to the uttermost of our power, &c. Having withall (probably at the same time) sworn in the Oath of Supremacy Allegiance to the lawfull Successors, and to our power to assist, and defend all jurisdictions, priviledges, &c. belonging to those Successors, is a grosser interpretation, then I hope he himself will own when he considers it, or any considering and conscientious men can receive. And I could wish he would consider, whether when he took the Oath he had this sense in his minde, or rather it be not newly excogitated, upon the coming into question of these late transactions; and how neerly this practise entrencheth upon perjuryr.

4. But having said what he thinks fit to the clause, he will Edition: current; Page: [7-131b] have one glance at the urgers of it. Yet with all this quære may be added, while the son is in the same posture in which the father was, how comes this Oath at this time to stand up, and plead for disobedience in regard of the Son, that was asleep, and silent in regard of the Father?

1. They that plead this Oath for disobedience, or rather denying obedience to the present Power in regard of the Sons right, did the same in regard of the Father; when it was apparent, that not a meer defence of Religion and Liberties, and a recovery of the Kings personall presence to the Parliament was the end of the war, but the Fathers death, and the Sons dis-inheriting, with the deflowering of the Crown, and over-turning of the Throne it self. Witnesse (amongst other testimonies) what the London, Essex, Lancashire, and Banbury Ministers have declared publickly in their respective writings, they are alike sworn to, have according to their power and vocations, stood for the Authority of both, and not allowed the deposition of either, or the usurpation of their Power by others: they have prayed against, bewayled, stood astonied at, witnessed against the proceedings that have been against both of them: and to this day they lament that the clear Word of the Lord, held forth by their testimonies, hath not prevailed for the prevention or retractation of those direfull, and (the world throughout) scandalous courses.

2. The Son cannot yet be in the same posture his Father was in, whilest an overture or proposall for satisfaction hath not once been made to him, wherein he is in the view of the Kingdom more harshly and extreamly dealt with then even his Father was; and as his Fathers sufferings as to life were without president, so are his as to succession to the Crown.

Mr. Ashcom (whom I had in hand before, Chap. 2.) hath divers strange, and unapproveable passages reflecting upon the Oaths under debate; which I shall cull out as I meet with them in severall places. In his 2d. part, Chap. 8. Sect. 6. he layes down foure Cases, wherein he saith, Subjects are freed from their sworn Allegiance. His three first, (viz: 1. If a Prince abandon. 2. If he alienate. 3. If Nero-like through mad furie or folly, he seek in an hostile way the destruction of his whole Kingdom) will I presume be taken not to concern our case in hand; the fourth possibly may be judges applicable to it, Edition: current; Page: [7-132a] which therefore I shall take notice of: and a brief animadversion will serve, he delivering it (as he doth other odde and unfound stoffe) with a pythagoricall magisteriousnesse, and without the assistance of reason to induce a perswasion to it in the Reader.

Fourthly, (saith he) if the Prince have part of the supreame right, and the people the other part, then notwithstanding an Oath of Allegiance to him, he may be opposed if he invade the other part of Supreame right. And a few lines after he affirms with Gestius, He may lose his right by the Law of War. And in the next Section he saith of all those foure Cases, and therefore of this, That they shew how we are absolved in our own consciences from all Oath and Contract, when one party forfeits his Conditions first.

The defensive opposing of a Prince, invading his Compeers part by the party invaded where the Supreame right is so shared, (supposing the Oath of Allegiance to be cautioned according to that sharing) I shall not dispute, it being beside the present question; but his losing his right by the Law of War; and the Subjects absolution from Oath upon that his supposed forfeiture of conditions, I shall a little call into question. 1. He tels us (if we will take it upon his word) if the Prince invade the others right, he may lose his right by the Law of War. What the Law of War means (if diverse, or varying from Gods, and other humane Laws) I understand not, nor is it materiall; in discerning into the permanency, or cessation of right, and of an oath concerning it, we are to have recourse to the Law of God, and Nature; and if by these the Princes title, and Subjects oath remain firm, notwithstanding his invading the peoples right, the Law of war like Alexanders Sword may violently cut in sunder, but it cannot unloose either the single tye of right, or the superadded of an oath. How should this forfeiture come? if any wayes, by way of satisfaction for the trespasse upon the others right. But theologicall Justice appoints not, that where one invadeth anothers right, the Invaders right should thereupon be cancelled; and that it may be lawfull for the invaded, upon that injury received, to invest himself therewith, and finally to alienate and disposse him of it. A liberty of defence it permitteth to the Invaded in relation to his own right, and a prosecution of the Invader unto Edition: current; Page: [7-132b] his full satisfaction for the wrong inferred by him, and for that end (if there be no other mean but war left to effect it) the invaded (if he have power of war) may sease the Invaders right unto a just recovery or restitution of his own; but that being compassed, and proportionable satisfaction for the trespasse being given or gained, the Invaded party must sit down therewith, and not extend his line over all his late Invaders right. Every transgression towards man cals for satisfaction; and whoso doth wrong, is bound to make reparation; and his right is responsible, or obnoxious sofar: but it is more then summum jus to carry this compensation to a totall and perpetuall translation of the Injurers possession to the Injured: totall confiscation is too high a penalty to be set upon every encroachment. Look into the laws and rules of satisfaction in Scripture, as Exod. 22. 1, 2, &c. Levit. 6. 4, 5. 2 Sam. 12. 6. Luk. 19. 8. and it will appear the deepest amounts but to a fourefold restitution of the damage. Nay look into that order (which comes home to our Case) concerning the Princes of Israel, who having formerly used oppression, violence, spoil, and exaction towards the people of God, are not therefore adjudged to be deprived of their whole Inheritance (Office, and all) but are onely reduced to their own portion: Ezek. 45. 7, 8, 9. But because this Gentleman flies to the Law of War for this his extreame dealing with Princes, hear what a learned Judge, and profound Statesman delivers, in the case, in relation to that very rule. It is the Lord Verulam, who (insisting on the fullnesse of a war on the King of Englands part with Spaine, for the recovery of the Palatinate, although the Paulsgrave in whose behalf that war should be commenced,Considerations touching war with Spaine, written by the right honourable Frane’s Lord Verulam pag. 3, 4, 5, 6. should be accounted to have made an unjust war in Bohemia, by means whereof he came to lose the Palatinate) resolves thus: An offensive warre is made, which is unjust to the Aggressour, the prosecution, and race of the war carrieth the Defendant to assail, and invade the ancient and indubitate patrimonie of the first aggressor, which is now turned Defendant, shall he sit down, and not put himself in defence? or, if he be dispossest, shall be not make a war for the recovery? No man is so poore of judgement as will affirm it. This resolution he confirms with many instances worthy to be perused in the Author; and in the end with this Reason: Wars are vindict, revenges, reparations; Edition: current; Page: [7-133a] but revenges are not infinite, but according to the measure of the first wrong or damage. And within a few lines after he saith of the case he is arguing: It is the more clear on our part, because the possession of Bohemia is settled with the Emperour. For, though it be true, that Non datur compensatio injuriarum, yet were there somewhat more colour to detain the Palatinate, as in the nature of a Recovery in value, or compensation, if Bohemia had been lost, or were still the stage of War. According to the rule of Justice then, yea even that of War, the peoples right being recovered, and satisfaction given or tendered for the securing of it for future, the late invasive Prince should injoy his right again, and the oath that was given for the securing of it stands in force, and obligeth to it. And this may be further cleared, in that the Solemne League and Covenant was prescribed, and taken when the King was judged to be in the actuall invasion of the peoples rights; when the people could not be reasonably required to swear the said Covenant in behalf of the Kings right, if such an invasion did forfeit it, and absolve the Subjects from their oaths to him; and if they did then swear, they cannot afterward plead an absolution from their Oaths by vertue of that invasion. And if the late Kings actions could be a forfeiture of all rights, and dissolution of all Oaths as to himself (which I cannot yeeld) yet how can either of them be said to be disanulled in relation to his Heir, upon whom the right legally descends, and unto whose title the Oaths were sworn. If it be said, he was partaker in the same actions, the Religious Demurrer will tell you,1. part, pag. 8. that the right and title to the Crown upon his Fathers death, deth quit him from all stain by the Laws of the Land.

2ly, Whereas he would infer this absolution from all oaths, by the Princes forfeiture of his Conditions first. What Conditions doth he mean? 1. If he understand any conditions to be in the Subjects Oaths which are to be fulfilled by the Prince, upon which tearms the Subjects Oaths shall binde, he is besides the book; the Oaths of the people put no conditions upon the Prince, but are all absolute and irrespective, and run without ifs, or and’s; in like manner as the obligation of Subjects allegiance to their Soveraigne is irrespective according to Divine Institution, as I have before (in this Chap.) proved. If Edition: current; Page: [7-133b] this Author fancy any such conditions in the peoples Oaths, let him shew where they lye, and what they are. 2. If he mean conditions in the Kings Oaths of Government, they are also unconditioned, or not dependant on tearms to be kept on the Subjects part: and, as the Subjects miscarriage is not a releasement of the King from his Oath of Government, so the Kings failing is no discharge of the Subject from his Oath: the validity, or obligation of either cannot be said to hang on the performance of the other; unlesse it could be proved that each part swore with respect to the others observation of his duty and oath, which neither the tenor of the Oaths, nor the subject matter of them will permit to be granted; nor hath this or any other Author that I have seen, said any thing to prove that.

3ly, If by conditions he mean the capitulations which the Kingdom may be supposed to have made with him at his Installment in the Throne, upon the keeping,At si duo homines mutuo se obligent promissis diversi generis, aut non codem tempore, aut alias citra mutuum respectum: violata ab uno fides non liberat alterum obligatione; sed uterque renetur id servare quod ipse juravit, etiamsi alter quid suarum crat partium non effecetit, exempli gratia. Rex aliquis simpliciter, & citra respectum ad sidelitatem [Editor: illegible word] iurat le regnum administratum iustè & secundum leges: subditi alio tempore simpliciter & citra respectum ad Principis officium iurant se el debitam [Editor: illegible word] & abedientium præstituros, utrique obligantur quod lui est officii sideliter facere, et si delecerit altera [Editor: illegible word] suo o licio: ita ut neque Rex solums sit a suo iuramento, si [Editor: illegible word] [Editor: illegible word] obsequm a non [Editor: illegible word] nec subditisuo, si Rex a [Editor: illegible word] tramite [Editor: illegible word] [Editor: illegible word] D Sanderf de Iurament. oblig. prælect. 4. Sect. 8. or breaking whereof he should enjoy, or lose his dignity; there are no such capitulations made either with him personally, or with any of his predecessors to be alledged; they are inconsistent with the Supreame Power entrusted with him. The truth is, it is a weak error, though somewhat apt to possesse the minds of unconsidering men, that in those estates of life ordained of God for the help of man, wherein there is a mutuall relation, and answerable offices to be performed (as of Magistrate, and Subject; parent, and childe; husband, and wife, Master, and servant) where there is a departure from duty on the one side, there is a cessation of the debt of duty on the other. If this were so, it were a frivolous thing for men, subject to corruption, to contract any relations; and there would be no place left for the exercise of gentlenesse, patience, charity, betwixt relatives, nor for the inferiors passive obedience in case of innocencie; Edition: current; Page: [7-134a] but this is directly contradicted by that of the Apostle Peter, 1 Pet 2. 18, 19, 20. and those rules of the Apostles, Rom. 12. 17. 1 Thes. 5. 15. 1 Pet. 3. 9. There are indeed some particular cases wherein the beneficiall duty of those relations is expireable, as is that of the married in case of adultery; that of parents when their children are rebellious [Editor: illegible word] that of Magistrates towards a Subject capitally offensive. But such particulars are warranted by Scripture; otherwise, wherein God hath not given a discharge, man may not. Now let any case, wherein the Subject is disengaged by Divine Warrant upon the Magistrates mis-administration, be produced, and made out to extend to the point in hand, and it will be yeelded; But this is yet to be done. But I go on to another passage of the Author.

In the same Chap: Sect: 7. he hath these words. Now I shall endeavour to shew how a man may take an Oath from an unjust invading party, contrary to those Oaths which perhaps he took first from the just party, who possibly brake no conditions with him. This his undertaking he prosecutes in Sect: 10. while he saith thus. I conceive but two wayes of taking such opposite Oaths. To take an Oath in contradiction of a former Oath, is so high a matter, that the way to it had need to be very clear; and It can be no way allowable save one, that is, when the former Oath ceaseth to oblige; let us examine therefore whether his two wayes fall under this one. When it is in stopping wherein as man may justly presume that the right party for a time releases him of his former Oath or duty to him. 1. The swearers presumption that the partle sworn to, doth releve him from his former Oath, unesse he hath actually released him, and declared so to him, is unto him no dis-obligation; there can be no just presumption of such a releasement, without such an antecedent act of the same party without it evidently appearing, it is but a groundlesse presumption, and highly impious: it is [Editor: illegible word] to the taking of an opposite Oath, the content of the party [Editor: illegible word] to being not passed, or made known to him, this [Editor: illegible word]; is but the swearers own act, and his own act cannot discharge him; what is it that must be the ground of this [Editor: illegible word] [Editor: illegible word]. The obliged persons perswation of the equity in [Editor: illegible word] of the thing? that’s but his own judgement, the party Edition: current; Page: [7-134b] he is bound to may haply judge otherwise; however it is at the best but a probable, not a certain ground to conclude upon, that another doth a thing because it is just, and that the party thereupon consents to a release is but his own fiction, till he hath so exprest himself to him. This were an easie way of escaping out of any promissory oath to man, and would be ordinary if it would hold; for men would be apt to induce themselves to beleeve an expediencie and justnesse of an absolution from the party, when their oaths pinch them in the performance; but this presumption is but a superficiall device.

1. The party sworn (in the case in hand) standing upon his title, preventeth this presumption, and plainly declareth the contrary: 3. In the Solemne League and Covenant, the party sworn to (as before hath been manifested) is not the King, but the people of all ranks within the three Kingdoms entring into the same Covenant: and how can they be presumed to release one, whilest they hold themselves bound by it? 4. The Protestation of the 5. of May, 1641. is a Vow; now Divines resolve, that though an Oath may be cancelled by the party to whom it is made, yet a Vow no man can remit, because it is made to God as the party, and no man hath to do in altring the right wherein we are bound to him. The things therefore concerning the Government included in that Vow, cannot so much as be pretended to be unloosed by this way.Dico relaxationem istam in juramentis, fædetibus, pactl, altisque contractibus humanis locsi habere, non itern in votis. ratlo diserminis est, quis vota Dto siunt ut parti; ab homiue autem ea sola relixari fas estquæ homini lacta sunt D. San l. de jurament. oblig. prælect. 7. Sect 8.

2. His other way he thus layes down. A man cannot by Oath be obliged further to any power, then to do his utmost; and the Oath is to be understood conditionally, if the action, or passion may be for that Powers advantage. In an Army each man being obliged by Oath to lose his life for the Prince, rather then turn back, or avoid any danger; this Army having done its utmost, is beaten; and now the Souldiers can do no more for their Prince then dye; in those straights therefore it is not repugnant to their Oath to ask quarter, or a new life, and having taken it, they are bound in a new and just obligation of fidelity to those whom they were bound to kill few houres before. They who live under the full Power of the unjust party, may be said to take quarter, and to be in the same condition with the former: and so have the liberty to oblige themselves to that which the Prince now cannot but expect from them, viz: to swear to those under whose Power they live, that they will not attempt Edition: current; Page: [7-135a] any thing against them. All that this amounts to is, it is præter, non contra plus juramentum; and as the condition which is the ground of this promissory Oath is such, that it is impossible for a man in it to advance his parties cause, so it is impossible for him to be bound to an impossibility. Here is much strength of confidence in asserting, but none of Reason to awarrant, and prove what is here intended to be concluded. That a Souldier, or Subject, being sworn to serve his Prince to the utmost of his power, may ask, and take quarter, and passively submit to a captivating Enemy, when he is fully under his power, I shall not call into question; his Oath binding him to do what he can, for his Soveraigne forbids him not to yeeld when he can do no longer; and for him to suffer death, or harder usage by contesting with his enemy, when he lyes at his mercy, as his Oath binds not to it, so it is for his Princes disadvantage, there being yet hope that his life may be reserved, and his liberty recovered, for his Princes further service according to his Oath, in regard whereof he is rather in that case bound to ask, and take quarter, then bound out from it, but what of all this? will it thence follow, That the Souldier, or Subject thus brought under an adverse party to his Prince, oueth fidelity, and may oblige himself by Oath to that party not to attempt against him? If his Allegiance and Oath were expired, there were some probable way for it; but here is little said, or can be said for that. Let us particularly examine, what this man alledgeth.

1. He hath done what he could, and the Oath bound him to no more. R: He hath done what he could hitherto, and so far hath kept his Oath; but if the Oath was (as the Oaths in the case under debate are) not limited to that particular designe, or battell, wherein the Prince hath the worse, and his sworn followers are fallen into the unjust parties hands, but to indure whilest life lasts, and the Prince hath any service for him, he hath not done what possibly he may yet do, nor hath he satisfied his Oath, so that it can demand no more of him.

2. He hath a new life given him of his conquering Enemy, and thence becomes bound to him. This is but a rhetoricall flourish, or complement, and hath no Logick in it, his life is the same it was, and therefore the man is still under the same obligation Edition: current; Page: [7-135b] of his duty and oath which he was before under. If this Author can prove his life to be really another, I will grant an evacuation of all his former contracted obligations. And in truth although the custome of War cals an Enemies sparing of the life of a worsted person Mercy, yet if that persons cause were good, though he hath found bad successe, he hath not forfeited his life to his prevailing Enemy, neither is he beholding or in debt to him for it, no more then a true man oweth his life to those theeves that onely rob him; or a weak man is indebted for his life to a strong man, because he kils him not. 3ly. This is besides, and not against the former Oath. 1. If it be not against it, you are besides your undertaking, and prevaricate it, for you promised to show how a man might take an Oath contrary to his former Oaths. 2. But it is plainly against the former, for to swear to do the utmost that can be for, the Prince, and to swear not to attempt any thing against that Princes Enemy which hath dispossest him of his right can be no other then contraries. 4. It is impossible for him to be bound to an impossibility, and it is now impossible for him to advance his parties cause. That which is in it self,Sed rei impossibility ex accidente tancum aliquautum diversaest extio. Vt si quia [Editor: illegible word] foir re centurn intra unensem, quod non est per se impossibile casit aliquo in opino int. rian impedtatur, ut non possit tantum pecumæ lummam te [Editor: illegible word] æsi utn const [Editor: illegible word] non obligetur in soro conseientiæ ad saciendum quod promisit, seif: ad solvondu n toru n debitum debito tempore quod iam redditum est et impossibale; oblignut men [Editor: illegible word] um quod in se est, viz ad solvendum qo ntum potest, & quam cito potest [Editor: illegible word] in que est quia cum in hoc [Editor: illegible word] impossibilitas impediti obligationem: obligatio tollnor quoid idio um quod est factu impossibile, quoad reliquum vero maner, & qui non sorest [Editor: illegible word] quod debet, debet tamen omne quod potest. D Sanders, de Iur. oblig. prælest 2. Sect 12. or in its own nature impossible, an oath cannot binde to; but that which is in it self probable, and therefore promised under an Oath, may by accident, or by the interposition of some casuall impediment become impossible, this is very ordinary, and this kinde of impossibility doth not dissolve an Oath, but only suspends it for the time, untill the present impediment be removed: so that though the Oath binde not to the hic and nunc of the accident all impossibility, yet it stands in force till, and obligeth to the thing as it is in it self possible, and may (the obstacle being removed) be hereafter feasible. 2. Whilest it is impossible for him to advance his parties cause, it is a frivolons thing for him to swear that he will attempt nothing for his party against the Enemy, for so he onely swears not to Edition: current; Page: [7-136a] attempt an Impossibility; and when this impossibility ceaseth, the former Oath to his Prince taketh place: so that this objected Impossibility can be no warrant for such a latter oath..

Our Author in his Chap: 9. Sect. 3. thus opposeth the obligation of the Oaths: God saith, By me Princes reigne the governing Powers which are, are of God. God hath declared that he will chastise, and change Princes, and Governors; and when we see the changes and chastisements, we may be sure they are by Gods order, yea, though the invading or succeeding Governors like John, Nebuchadnezzar, or those who by cruelty sheev us nothing but Gods wrath. Wherefore it can be no lesse then sin in us, or treason against God, to saye: we will never obey any, but this, or that Prince, or State, or any but of such a Family: for this depends on Gods Providence and Justice, which sets bounds to the duration of Governors, and Governments. 1. It is certain that all the Kings and Potentates of the Earth are set up and pulled down by God, and every change of Governors, even the advancement of those who are heavie scourges to the people, is in a sence by and from him; and it is as certain, that some Princes in some sence are not of God, as is clear enough, Hosea 8.4. We must therefore distinguish thus. 1. A thing is said to be of God, in that it was fore-seen, and pre-ordained of him before it came to passe; and falleth out by his providence and disposall. And thus every act or event is by him, whether it be right, or wrong, agreeable or repugnant to his revealed will or Commandment: 2 Chron. 25. 20. 2 Sam. 24. 1. So are all thefts, robberies, oppressions, murthers, violent dispossessions, and occupations. Thus even Antichrists power that is derived to him by the divell is yet given him of God, Rev. 13. 5. 7. 17. 17. And so was Pilates power to crucifie Christ: Joh. 19. 10, 11. 2. To be of God, importeth the thing to be injoyned, warranted or approved by his word, or revealed will; and thus Gomaliel useth the tearms, when he speaks hypothetically of the Apostles preaching and working miracles. If it be of God, in opposition to that which is of men, although in the former acception nothing is of men, but it is of God also. Act. 5. 38, 39. Now to discern what is of God, so as to impose upon us, we must not go to his secret will or providence, many things come about to us that way which we are not bound to embrace and acquiesce in, but may, yea ought to use remedy Edition: current; Page: [7-136b] against, and strive to avert, or remove, such as are tentations to sin, diseases of the body, captivity, oppression, dishonour, defamation, and such like. These evils, albeit we are patiently and submissively to bear them for the present, as they come from Gods correcting hand, when they are come to passe; yet we are allowed and required to seek the preventing of them when threatned, and the removall of them when befallen; Unjustly advanced Magistrates are of this nature; A passive submission under whom as a divine castigation, whilest we can finde no redresse, is expedient; but an embracement of them (as those that are authorised and warranted by God) active obedience to them, and maintenance or support of them (which is the matter in question) cannot upon this ground be inferred as necessary. To do evill, because it is in the power of our hand by Providence, or to perswade others, or our selves to sit down under intolerable wrongly because they are come to passe that way, is an ungodly and so [Editor: illegible word] construction of Divine Providence, and of a late invention in these every way erring times.

2ly, This Author in urging obedience upon this account, not onely crosseth Scripture and reason, but contradicteth himself in what he saith elsewhere: for the making good of this, I shall onely present the Reader with his own words pa. 79. God many times finding some Nations grosly [Editor: illegible word] and obnoxicus to his severest [Editor: illegible word] [Editor: illegible word] [Editor: illegible word] gives them up as a prey to another Crown, thus were the seven Nations; and afterwards Israel it self was then in the hands of Nebuchadnezzer: which particular case is not a generall argument, or consequence (as some would have it) for the moment of Government, or latitude of subjection in all Kingdoms. And pag. 89: he speaking of Antichrists dominain, saith, There is one kinde of usurpation which by no possession or prescription can ever become lawfull; and a Christian can never submit himself to it, without wounding his conscience and faith. And yet let this man say if this power of Antichrist be not of God, and by his providence in the sense wherein his Argument runs. 3. Whoever said, that men might swear they will never obey any but this or that Prince, State, or Family? or who ever knew it required, or done? All oaths, and particularly those of obedience, carry sill in them a caution of possibilitie; and when the Edition: current; Page: [7-137a] matter becomes in it self impossible, the Oath ceaseth, and is void: We therefore swear to obey Princes, and States, whilest is pleaseth God to continue them to us; and this tye a present interruption of Government (though to an invaders full possession) cannot dissolve: the oath, and allegiance of Israel contracted with David, 1 Chron. 11.4. continued till his death, though Absolon rose up against him, drew all Israel after himself, and drave him out of the Land: 2 Sam. 19.9. But when a Prince or Family is irrecoverably lost to a Kingdom the Oath expireth.

CHAP. V.: The Reasons brought for obedience to the Usurpers, answered.

THe next, and last part of my work is to answer those Arguments that I have met with, which are brought for the obedience which I have disallowed in the 2d. and 3d. Chapters: the book entituled, The lawfulnesse of obeying the present Government, saith the most for such obedience of any that I know; it therefore I shall chiefly deal with.

1 Argument.First, his first and main Argument is taken from that of the Apostle, Rom. 13. 1, &c. from this text his Argument set in scame is this: If the Apostle commands submission and obedience, and that for conscience sake unto those in his time that came unlawfully into their power, and authority, then obedience to such may be now lawfull. But the Apostle commands submission, and obedience, and that for conscience sake unto those that in his time came unlawfully into their power and authority. Ergo. The major will not be stood upon. The minor is to be denyed; And for his full confutation therein, and vindication of the Apostle in this text, I shall, 1. by way of Elenthus make good the contradictory to this Proposition. 2. Answer what he brings for the maintenance of it.

1. Then I am to clear this contradictory to his minor, viz: That the Apostle in commanding obedience to the higher powers, can onely be understood of such as possesse their Authority lawfully, or have a just title, and regular calling thereunto. And this I shall undertake to do out of the Apostles own words, or by the characters he gives of the Powers he would have obeyed.

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1. There is (saith the Apostle) no power but of God.

1. To be of God here must import not meerly a permisive counsell, or providence, but a divine approbation, authorization, and vocation; they are said to be of God thus, that come in by Gods way, or are called to their places as God hath appointed in his Word; and that, not the former onely, but this stricter sense of being of God must be here taken, appears thus. 1. Otherwise the Apostle had said no more for Magistrates in this Character then the Scripture saith of plagues, faminess and other judgementsa, yea of the sins of men, which in the first and larger sense are said to be of God, 2 Sam. 24. 1. 2 Chron. 25. 20. 2. A derivation of them from God in regard of providence meerly, could be no argument for obedience, non-resistance to them, and maintenance of them; for we are not to subject ourselves to, support, and refrain from resisting a thing meerly upon this ground, because it comes by providence; then a forrein Enemy that invades us, or a robber must be submitted unto, and may not be resisted; the plague or other sicknesses in the body, nay the outward temptations to sin might not be prevented or removed, for all these come by proidence But the Apostle alledgeth their being of God, here as an argument for subjection to, non-resistance, and maintenance of them.

2. By Powers in this place, this Author tels us, he means not meerly power, or authority abstracted from persons, but persons clothed with that Authority. Now that persons clothed with Authority may be said to be of God, there must be not onely Gods institution of the office, or magistracy in the abstract, for the meer ordaining of the office makes not this or that man a Magistrate more then another, but also his ordering of the persons to the office, but they that are thus ordered of God (viz: not providentially alone, but by way of vocation, approbation, and authorization, as it is above proved, the sense of the words [of God] must import) to the Magistrates place, must needs be granted to be lawfully possest of it, or to have to it a just title. This universall negative therefore of the Apostle, There is no power but of God, must not be taken in the simply universal sense, as if there were no other power in the world but such, but as a restrained universall, to wit, There is no lawfull power but of Edition: current; Page: [7-138a] God:Hoses 1. 4. and so alone can I conceive it consistable with that of the Prophet, They have set up Kings, but not by me; they have made Princes, and I know it not. These two sayings of the holy Ghost must needs be true, and therefore must not be contradictoried? which they are not, If you take them uttered in a divers respect, the former of a lawfull, the latter of an illegall magistracie.

Jude 4.2ly, The powers here are said to be ordained of God: and v. 2. to be the ordinance of God; that is, not by his decree, or handiework meerly, of ungodly men are said to be ordained to condemnation; and the being and posture of heaven and earth are said to be Gods ordinances,Ier. 33. 25. but by his word or written sanction, a person in this acception is to be tearmed Gods ordinance, that is, by divine rule put into a place, or state: those Magistrates then onely can be said to be ordained of God; and his ordinance, that (for the substance at least) enter by the doore that he hath made, or the means and manner he hath prescribed. The sons of Aaran in their priesthood, and the Levites in their ministery were Gods ordinance, in as much as they were ordained according to Gods appointment. Whereas Korah, and his company,Levit. 8. though they officiated as Priests, yet they were not so, because they wanted that ordination. A man and a woman are by Gods ordinance husband and wife, who are espoused together according to divine rule, and not they who onely perform the acts of such one to another. In like manner, not whosoever can get into the seat of Authority by any means are Gods ordained, but they who come in according to Gods prescript and regulation.Numb. 8. Absolem, and Adenijab, though they go; into the kingdom of Israel, were not Gods ordinance; but David, and Solemon, whose places they usurped were, these being put into the place by Gods direction.

Gen. 14.3ly, The Power here may not be resisted under pain of damnation: v. 2. But, 1. An usurped Power, or they that get men under their command by force without right, may be resisted, and subdued. Abraham and his confederates justly took up Arms, and by them rescued Lot, and the Sodemites from Chederlaomer, and his participhants. The Judges and Tribes of Israel righteously warred against, and vanquished the Nations that successively obtained and exercised dominion over them, in Edition: current; Page: [7-138b] the book of Judges: so did Samuel and Saul against the Philistines, that were for a time their masters:1 Sam. 2, 8, 9, &c. 1 Sam. So did David, whilest he was king in Hebron, with the house of Judah, against [Editor: illegible word] Abner, and all Israel: so did David and his man against Absolom and the people that followed him so did Jehoiadah in the right of Joash, against Athalia. Lastly, thus did the Maccabees against Antiochus and his race;3. 1. Which examples I but mention, having urged the most of them beforeb 2 Sam. 18. And indeed to imagine the Apostle here to tye men conscientiously, and under pain of damnation to obey,2 King. 11. and sit down without any reluctancy under, yea to maintain, assist, and fight, for them, who do by force, without any right at all, usurp Authority over them; though they were Turks, theives, Irish, Rebels, Papists, or whoever, the worst of men, and cruellest of Tyrants, and though the sufferers should come to have strength in their hands to relieve themselves, is an imposition (I think) beyond the thoughts of any sober minde, and that which none, but they of the Anabaptisticall spirit will advisedly own, and them also we may rather finde saying, then doing so; the proceedings of the Parliament, yea of all parties on both sides in the late warre disclaim this doctrine; yea the Army it self may be judge in this matter, who must either condemne this sense, or all their own warlike actions; this would make the Apostle not onely to put an insupportable passivenesse upon people, but to discourage just Magistracy, if opposed, and grown weak, whereas his manifest scope is to uphold it. 2, They that come in by meer force, with expulsion of the just Magistrate, have apparently committed this crime of resisting the Power that is the ordinance of God, and so have incurred the sentence of damnation, or condemnation (which may be understood of punishment by men) and its a strange conceit to think, that the Apostle doth here at once both condemne their act, and confirm their authority gotten by it, and that the same persons should by the same means be both the resisters that are [Editor: illegible word] [Editor: illegible word], or set in an opposite order to that ordinance, and condemned for it, and the power and ordinance it self that is to be obeyed, and not resisted. 3. If they that come in by force against the just Magistrate are the resisters of the Power here to be submitted unto, then those that Edition: current; Page: [7-139a] shall obey those resisters in the full latitude of obedience here injoyned (which comprehends assistance and maintenance of them) do become therein resisters of the said just Power also: so that obedience to the Usurpers is rather forbidden, then taught in this text.

4ly, The Power here to be obeyed, is the minister of God to thee, a revenger to execute wrath, &c. v: 4. 1. No man can be called a minister of God, but he that is called of God to that service, wherein he is his Minister, not onely the office must be authorized, but the person must be invested with it by God; there must be some act of God, either immediately or mediately put forth towards the person, or this relation to him of being his Minister cannot be founded; now whosoever is the subject of such a divine act or vocation, hath without controversie a just title to Magistracie. 2. He that is a Revenger to execute wrath under and for God, (that is not by providence onely, as thieves, robbers, and forrein invaders are, but by place and calling) not for destruction, but for good, he must receive a warrant from God for it: vengeance is Gods alone, by property, so that none can take it in hand but by deputation from him others whatever power they have to do it, are expresly prohibited to be avengers, immediately before this text, Chap. 12. 17. Now he that receives a warrant from God for it, is lawfully impowered.

By every one of these Characters assisted by the Apostle, to the Magistracy spoken of in this text, it must needs be evinced, That the Apostle in commanding obedience to the higher Powers, can onely be understood of such as possesse their Authority lawfully, or have a just title thereunto: and this is the contradictory to his Minor, which I undertook to make good.

2. I come in the 2d. place to give Answer to what he urgeth for the proof of his Minor, which may be gathered up thus. The Romane Emperors, Claudius and Nero, came unlawfully into their Power, or Authority: but the Apostle commands submission and obedience to them; Ergo.

In this Syllogisme both his premises are peccant, and may be denyed. 1. For the minor the Apostle speaks in the generall of powers, without particular application to the Roman, or any otherc; the carrying of them to the Romane Emperors Edition: current; Page: [7-139b] is this Authors own. If he shall say he may safely argue a thesi, ad hypothesin, or from the generall to the particular, t’is true, if he hold to such hypotheses, or particulars as are contained under the thesis or generall: but it is not granted to him, that the Apostle in this text speaks illimitedly, and without exception of all men that by any means may get power into their hands; but on the contrary it is stood upon, that he intends his precept onely of lawfully called Magistrates, (the which I have above proved) he cannot therefore include under the Apostles generall, them whom he supposeth to have unlawfully got into their power, this were Transire à genere in genus, or to argue A dicto secundum quid ad dictum simpliciter. Neither can he be allowed to argue after that manner here, seeing he hath begun his Argument ab hypothesis, ad thesis, or from the particular to the generall, for this were to walk in a round, and to prove this by that, and that by this circularly. As for that which he hinteth on as if he would prove the minor by it, viz: this Epistle was written in the time of Claudius, or Nero, it hath no shadow of proof in it: for they were not the onely Powers then in being: there were others even among the Romanes as wel as they, himself nameth the Consuls, and Senate, as those to whom the power of right belonged, and they were then existent, and in some possession and use of the power: although the Emperours ruled with them, and in some things over-ruled them, as they were haply in other things ruled by themd; there being a kinde of mixture of power, and alternatenesse of prevalency betwixt them. Now that the Emperors were then in place (whereas others also were in power) is no more a proof that the Apostle commands obedience to the Emperours, then the being of false Apostles, and Ministers among the Churches, when the Apostle wrote to Christians to obey, and follow them that had the rule over them, proves that he commanded them obedience to those false Apostles and Ministers.

2ly, The major Proposition (That the Emperour, Claudius and Nero came unlawfully into their Authority) must also be denyed: taking [unlawfully] in the sense of the question, or case in hand, that is, in regard of title: for, although the tumultuousnes of the Souldiers, and the craft of the persons interested, Edition: current; Page: [7-140a] were ingredients in the manner of their entrance, yet they were not the basis of their claim, or ground-work of their title: but they had, or came to have, before this precept of the Apostle could Intervene, sufficient challenge thereto, otherwise; we must therefore distinguish betwixt an error, or unlawfulnesse in the way, or manner of a Princes coming in, or obtaining possession of the throne, and an unlawfulnesse in regard of title, or of that which is of the substance or essence of his calling to that place. The former is that which can onely be objected against these two Emperours; the latter is the unlawfulnesse in the case, or question, viz: when the Rulers hold meerly by usurpation, or have no other colour of claim but force, or other intrusion: and to argue from the former to the latter, is plainly fallacious, being A dicto secundum quid ad dictum simpliciter. But let us hear what unlawfulnesse the Author urgeth against the Emperours, and see whether it be not shore of that which is under debate, multis parasangis.

The Consuls and Senate (he saith) anciently had the chief power of Government, these at the death of C: Caligula entred into a consultation how they might restore the Common-wealth to her ancient freedome, which by the Cæsars had been taken from them, Claudius in the intrim is proclaimed Emperour by the Souldiers, and takes it upon him: Nero his successor was also first saluted Emperour, by the Souldiers: Britannicus, who was Claudius Son being kept in by the cunning of Nero’s Mother.

Unto all this the Answer is easie. Notwithstanding all these disorderly proceedings, these two had a title (for substance) sound and good enough to the rule they bare: take for this a short narration out of History.

The Romane State was often changed, and received many forms of Government successivelye, the beast in the Apocalyps wherein the great Waore sitteth, is by the current of expositors understood to be the City or State of Rome: and his seven heads are construed to be seven forms of Regiment that have been in it, viz: Kings, Consuls, Tribunes, Decemviri, Dictators, Emperours, and Popes.f If Antiquity must decide which of these Governments had the best title to be over the Romanes, it will give it to the Cæsars, for the kingly (from which that of Emperours essentially differs not) was the first Edition: current; Page: [7-140b] in time among themg. If possession must determine it, the Emperours were at this present in the Throne, and had been for a considerable time, for foure of them had reigned in succession to one another before Claudius came in. It the consent and constitution of the people (which is the truest groundwork) must carrie it, the Emperours also were supported with this title, both originally, as to the form of Policy, at the first setting up of kings, in the infancy of this State, and personally at their respective comings in. By what means this consent was gained from the people, it is not necessary to insist, it were easie to prove, that if there were any unworthy carriage in it, it was as much at least on the submitters as on the Cæsars part.* Julius Cæsar (the first of them) had a concurrent agreement of the State which was (for substance) valid enough;h so had Augustus after himi: the same had Tiberius his next successor.k Caligula the next to him had the cheerfullest, and most affectionate assent that ever Prince hadl. By this time the Government of the Cæsars had by these reiterated acts of consent, establishment from the people sufficient to give it a just title, and free it from usurpation; The next that followed was Claudius, who was left by Tiberius joynt Heir with Caligulam, but was put by for the time by the excessive love which the people bare unto Caligulan; after whose death, the Consuls, Senate, and City Regiments talked indeed of standing up for a publick liberty. But Claudius being saluted Emperour by some of the watch, and the cry of the City Souldiers being at length that one should have the rule; the Consuls, and Senate, perceiving the Souldiers bent that way, and thereupon fearing a combustion, and suspecting their own inability to make good their designe, they being divided also among themselves, and other competitors for the Empire beginning to start up, Edition: current; Page: [7-141a] and Agrippa the king of the Jews, strongly counselling and perswading them to it, they withered, and shrunk in with their undertaking, and at last accepted of Claudiuso: as for Nero who came in next, Britannieus indeed was neerer to the Empire in succession then he, but Agrippina, mother to Nero had prevailed with her husband Claudius to adopt Nero, and prefer him before his own Son Britannieus; which he did with the Senates consent p: Nero accordingly succeeded him, and had the consent of the State at his inauguration, without any reluctancyq.

It appears by all this, that the Cæsars, and particularly Claudius, and Nero, (insisted on by this Author) had other foundation for their Empire besides the Souldiers promoting, and sufficient to give them a lawfull calling, and title to their rule, and to excuse them from Usurpation, such as hath been afore described. And that Claudius came in (though crosse to some unripened motions, and consultations of theirs, yet) not against any Act or Decree of the Senate; but with their concurrent or subsequent approbation.

If it be objected in behalf of the Usurpers in our case, that they also have a consent of the people, by the act of the presupposed House of Commons. I answer, besides what hath been said in the close of the first Chapter, of the peoples noncommittance of any power to their Representees, to alter any thing in the constitution of the Supreame Power, or to erect a new one; all that they have to do, being to manage that proportion which is committed to them: there are moreover two main things that Impeach that Acts validity. 1. That the Lords who are an eminent integrall part of the Kingdom, as Edition: current; Page: [7-141b] also the far greater part of the elected Commons, are, not only absent (so that a very small part of the Kingdom, even locally considered is represented by them that sit) but not permitted to come in, and professedly shut out (and consequently the parts of the Kingdom which they represent are excluded) at the passing of this consent. 2. That the object and actors in this consent, the promoted and promoters are the same persons; on whom is the new Supreme Power conferred, but on themselves that confer it? You cannot finde two parties in this act, an agent, and a patient; so that it is so far from being a legitimate contract, or transaction, that it is no politicall act at all. What reckoning shall we make of that consent which men bestow on themselves, in relation to an interest of power over others? if such a grant could create a right, few men that could get strength would lack preferment.

Having thus answered this Authors main Argument, I shall in the rest be briefer. 2. He alledgeth, In this Nation many persons have been settled in supreame Authority by meer force, without title of Inheritance, not any three immediately suceeding each other have come to the Crown by true line all succession. Five Kings on a row (the Conquerors being the first) had no title at all by proximity of blood, Hen: the 7th by meer power came in, was made King, in, and by an Army, upon this foundation of military power he got himself crowned at Westminster, and called a Parliament, wherein the Crown was entailed upon him, and his Heirs. Those that came in thus, the main body of this Nation did obey, yes doth yeeld subjection unto their Laws to this day. Not to stand to examine what he asserts in these premises: 1. The mistake of this Argument is, that because the Kings by him mentioned came not in by true succession, or proximity of blood, they therefore must needs be granted to have come in by force alone, or otherwise unlawfully; whereas though, some of them entred by the Sword, others by anticipation, yet they all, whose persons were, and Laws now are obeyed, had the concurrent, or subsequent consent of the Lords and Commons in Parliament, and that without their Houses being dismembred, and a force set at their doores. 2. The Laws made by those Princes were not made by them alone, but by them with the Parliament; and by them, not as so entring, but as received by Parliament, Edition: current; Page: [7-142a] and so legally invested. 3. The three last Princes of this Realm did come in by an indubitate lineall succession, and proximity of blood, and the Son of the last is in being, and claiming by that title. It is observable then that this title should be denied, and cut off, when it was at the clearest state. 4. No doubt there have been unjustifyable proceedings about the Crown by some of the former possessors of it: which have been followed with remarkable punishments, and publick calamities sufficiently pointing out their injustice, and fore-warning others from making them their examples to practise by. What hath been, is no warrant to conscience that the same may be done.

3ly, He cites some Divines, and Casuists as concurrent with him in his opinion. Their words are too many for me to recite, and the nature of this kinde of Argument exacteth no long Answer. In a word therefore. 1. Axorius his words allow obedience to Tyrants in regard of title, with restriction, and in some cases, (such as are granted by me, Chap. 3d.) But your part is to prove obedience to them, in its full latitude as you have propounded your thesis, without limitation, and concluded (though not validly) by your first Argument.

2. Alfred distinguisheth of Tyrannus, titulo, & exercitio, a Tyrant in regard of title, and in regard of use: and his words immediately before these alledged by you are spoken of the latter, and so may therefore these be understood; but the former onely is the subject of our question. Besides within a few lines before he hath this passage: A Tyrant without title, who is an invader, every private man may, and ought to destroy, for he is not a Prince but a private personr. Which wil not stand with the words quoted by you, if understood of a Tyrant in regard of title.

3. Pareus in your place speaks nothing pro, or con, of obedience to Usurpers, but is explicating how the Apostle is to be taken in those words, The powers that be, are of God, ordained of God: and he distinguishes thus in the words brought in by you. The power which is of God is one thing, the getting, and use of the power is another, which is indifferent, sometimes lawfull, sometimes unlawfull, ut in dubiiss. Whither if you had followed him, you should have found him answering the doubt about Nimrods power thus We must discern betwixt the power which is ever of God, and betwixt the getting and usage of the power, which as to men is often Edition: current; Page: [7-142b] most unjust not of God, but of mens lusts, and Satans malicet By which words it is evident, you have but half quoted him, as well as impertinently; and if his Authority may sway with you, unjustly gotten power is not of God, in regard of the person, or man, owning it, and consequently not to be obeyed by vertue of Rom. 13.

4. For the rest I have not their books to peruse, but their sayings set down by you reach not the case at all. This therefore I offer you produce any one, or more Authors, of any account amongst Protestants, that allow obedience to an unlawfull Power, [in the full latitude of obedience to a Magistrate, where there is re-ingagement of conscience pleaded by Law, ancient inheritance, and oaths sworn to another Power in being, claiming, and endeavouring to recover his right] and I will (by Gods assistance) return you a particular Answer.

4ly, His next Reason is, Either that authority which is thus taken by power must be obeyed, or else all Authority and Government must fall to the ground, and so confusion be admitted.

First, why must this needs follow? 1. May not Usurpation fall to the ground, how strongly soever it be set up, and lawfull Government be raised up again? The experience of former times hath observed, That no ill gotten power can be long livedu. Although (saith Cicero) Laws should be plunged over head, and Liberties over-awed by the power of a party, they will sometimes recover again. There is no strength of any power so great, that it can contiune by keeping men in aw, &c.

2ly, If Usurpation have a party to joyn with it, that party will suffice to administer such justice as that Authority will afford; if it have no party, it fals to the ground (for it subsists onely perforce) and a clear way is open for the right Government Edition: current; Page: [7-143a] to take place: which will be so much the more readily entertained, by how much it hath been interrupted*.

2ly, However things succeed, evill of sin must not be done, that good of profit may be attained. It must first be proved lawfull to obey, before this Reason can be heard, which will onely plead its expediencle, if it be honest. Though commodum may be consulted, especially publicum, yet we must first be satished of the justum of it. It was not long ago pleaded, Fiat justitia, ruat cœlum. And we were not told thus, when the late wars for Laws and Liberty were first begun: If this be a cogent reason now, it was to have been so then; and we might better have prevented the miseries of a war by harkening to it, then by refusing it, have, by so dear a means, purchased to ourselves an harder condition, and now be bound to bide under it for that very reason.

3ly, If Government fall, and Confusion come, let them bear the gullt that have wrought these effects: we that detract from obedience shall onely bear the misery of it, which will be lighter to us, it may be hoped, then their greatnesse with the guilt it is gotten, and kept by, will be to them.

Fifthly, he addes, Otherwise the King being for the Commonwealth, and not the Common-wealth for the King, the end should be destroyed for the means, the whole for a part. First, the King as a man, yea as a royall person, or most noble part of the Common-wealth, is not the prime matter to be layed on the ballance; but if the King may be lookt at as ours, and so as we are in piety, and justice bound to him, to seek his preservation, and yeeld him our obedience; thus considering him, equity and a good conscience are the things stood for as the end; which although they may undergo the notion of means in reference to the Common-wealths good, yet they are desirable, and to be sought absolutely, and for themselves; and the subordinate means of the Common-wealths politicall good, must be subordinated or submitted to them, and that end is onely so far, and by such means to be pursued, as will consist with these. 2ly, The Parliament, and the Army also, are no more then a means, or a part in relation to the collective Common-wealth. Must not the rights of these therefore be stood for, with the hazard of the whole? If this rule might have Edition: current; Page: [7-143b] guided moor in relation to their claims, such courses and events as have been, had been prevented. 3ly, Though certain destruction of the end, or whole, must not be run upon for the means, or part, yet those may be hazarded for the saving of these from certain destruction. As we see it ordinarily, men do adventure their lives and liberties for the preservation, or recovery of their estates by war; and their whole bodies for the regaining of their healths, or one wounded, or festered member, by Physick or Chyrurgery. 4ly, We are not active in the destroying of the end, or whole (if they be destroyed) and we were better both to suffer their destruction, and suffer in it, then sinfully to concur in destroying the means, or a part, or in substituting an unlawfull means, or part for the legitimate, that we might preserve them.

Sixthly, If a masters mate had thrown the master over-board, and by power would suffer no other to guide the ship but himself, if the marriners will not obey him commanding aright for the guiding of the ship, the ship and themselves most needs perish. 1. I conceive the marriners may in this case obey the Masters Mate for self-preservation, till they come to shore; in like manner that we may obey an Usurpers power, that is, act according to his command in a thing which is not onely law full, but simply necessarie both to be done, and to be done by us, as in the case of self-preservation, by repelling a forrain Enemy, or common danger of certain and important consequence; but shall it be inferred from hence, that the marriners are bound to obey the Mate, or we an Usurper, in all other things of his own concernment, or separable from self-preservation, and every other necessary duty. I am bound to submit my self to the wholesome, and necessary direction of my Pastor, and Physician in their respective ordering, touching my soul and body: must I say therefore I must resigne up my self in obedience to them in all other matters? 2ly, The case is not parallel. For, 1. The mariners (without respect to their exigence) in that posture are bound to obey none, the Master being dead, and so are conscience free. But the people (in the case) have a Magistrate surviving, and challenging power over them, to whom they have sworn Allegiance. 2ly, The Mariners are supposed without obedience to the Mate, to be sure of destruction: but by Edition: current; Page: [7-144a] what hath been above said, it cannot be pleaded that the Nation, or the scruplers at obedience without obeying are sure to perish.

Seventhly, you quote a saying out of Cajetanx, but it suits not with the obedience you stand for; he in all that Discourse speaks nothing at all for any obedience to Tyrants in respect of title, his subject being the point of going to such Tyrants for Law and Justicey, (of which I have spoken Chap. 3.) and his whole speech being confined to it.

Eightly, lastly, (for I will not follow you in repeating again what you had said before, and I have answered above) What can the common people do in this case? they cannot judge of titles; but they see who doth visibly, and actually exercise Authority. 1. Bruit beasts do indeed onely see him that actually leads, or drives them; and therefore they follow without making difference betwixt the owner and a thief: but are men, though but common people so stupid? The people you speak of are not altogether so bruitish, they themselves disprove you, if you observe (as it is easie to discern) whom they generally abhor from, and whom they look towards: and whoso shall compare their visible bent with your present book, they whom you make but like Balsams dumb Asse, yet in this case do speak with mans voice, and forbid the madnesse, &c. 2ly, If they be so incapable of discerning of titles, wherefore hath not onely the late King, but the Parliament published so many Declarations, and Appeals to the people, wherein they plead for the Justnesse of their title, to what they stood and fought for? yea why hath the Parliament drawn the people into the Protestation, the 2d. Vow, and Oath, and the Solemne League and Covenant, all which concern the severall claims and rights of King and Parliament? either they are thereby supposed to be somewhat competent to judge of those titles; or it was both vainly, and irreligiously done to lead them into such sacred bonds, which we may neither take, nor cause others to take, but in judgement. Jer. 4. 2.

3ly, Although they, yea the primest Statesmen, may finde it difficult enough to judge of titles in some nice, and intricate cases that may happen, yet the present case is not so deep or doubtfull, the right of title in this question is written with Edition: current; Page: [7-144b] clear and capitall letters, in Laws, Oaths, and actions open before all. Yea this Author in the title and current of his book, (as doth Mr. Ashcams in his) plainly enough grants where the right of title is.

This Author in the latter end of a second Edition of his book, viz: beginning at pag. 15. addeth some things upon the question of active obedience, and acting under this present power, and government. Although this Edition come in late, and in some passages is but an amplification in tearms, not in matter, of what he had said before; yet I shall take a brief notice (whether sufficient let the Reader judge) of the things in it, that may seem materiall.

First, he premiseth, That the present Power is in possession of the whole Land, and no visible force to oppose, and so it is not like that between David and Absolom, when David had an Army in view. Consult the text, and you shall finde the case exactly parallel. 1. The present Power is in possession of the whole Land; you say, you mean of this side the Sea, not of Ireland also; sutable hereunto Absolom was possest of all the Land unto Jordan, yea, and he went over Jordan, and pitched in Gilead, and all the people throughout all the Tribes of Israel had anointed him King over them: on the other hand David and his men fled out of Jerusalem, and out of the Land, beyond Jordan, and stayed not till be came to Mahanaim by the ford Jabeck. 2 Sam. 15. 14, &c. 17. 22. 24, 25. 26. 19. 9, 10.

2ly, You adde, And no visible Force to oppose, whereas David had an Army in view. David had no Army in view within that land before spoken of: all that he had was at Mahanaim. And though there be no visible Force to oppose in England, yet there is said to be a considerable Force in Ireland, and it may appear by the Preparations sent thither. Besides there is one thing indeed wherein Davids condition, and his whom the present Power excludeth, differ, but not to the advantage of this Authors Reason, which is, that David had no other Kingdom to own, and declare for him, which yet he hath.

Secondly, You come with Arguments. 1. Obedience to such a Power in good things is lawfull. But acting for Justice and order in a good thing: Ergo: I have before distinguisht betwixt morall acts which are for private men to do, though there were no Authority; Edition: current; Page: [7-145a] and politicall acts, which flow from magistracy. The latter sort of acts may not be done in obedience to an usurped Power, for the Reasons given before. The execution of justice is a good act in it self, but it is not good to be done by every man, nor upon every mans command; but is onely good in him that is lawfully authorized to it.

2ly, You say, what reason is it, that those that will not act because they hold it unlawfull, should expect that others should do an unlawfull act to benefit them? To this set Cajetan (an Author cited by you, and that in the place you cited from him) answer you; They are excused from the sin of inducing the Tyrant to an act unlawfull for him, that ask Justice of him, because they do not petition him for the unlawfull act, but for the justice of that unlawfull act: is in honestly done to perswade him to use his power lesse sinfully. This Petition is in effect thus [Editor: illegible word]. Seeing them with hold and exercise this power, use it justly, use it honestly, use it religiously; use it to the benefit of the publick, and of private men, as it would became the Power. It is plain such Petitioners intend not to ask the Tyrant to usurp the act of Judicature, because they had rather he would give it over: but seeing he doth usurp dominion, and judgement, they intend he should use justly and honestly his usurped Power and Judgement: and that which they intend, that they petition for: so that they neither intend nor petition for an usurped act, but an holy quality in the exercising of that usurped act*.

Again, Why should others give right to them, that will not give right to others? A fallacious, and frivolous interrogation in the true meaning of it. In commutative justice (wherein the rule of doing as we would be done unto) onely holds, with reference to persons that are to do it) they who refuse magistraticall acts, are ready to render every mans right to him. But this question would have a private man (such as they are) to have no distributive justice, or right by the Magistrate done him, even when the Magistrate is lawfull, because he cannot, Edition: current; Page: [7-145b] and therfore will not vicissim administer distributive justice to the Magistrate. Every common Judgement knows that a private subject is to receive judiciall right, but not to give it.

3ly, It is cleared before in this Discourse, that those who have gotten to be Powers (though by force) ought to give justice to those whose government they have undertaken, but (supposing them to be but one, or a few) this they cannot do without subordinate agents; to disallow acting under them then, is to say in effect they shall not give justice. 1. Suppose them but one or a few, and they cannot get or keep the place by force. Suppose them many, & they have no need (in that respect) of others to be their under agents. 2ly, If this that you say be cleared, or so much as said before, I have forgotten it, though I have read all that is before, and rest confident there is no such thing. When you shew where this is said and cleared, I shall them find by what reasons it is maintained, and so give you an Answer thereunto. In the meantime, that which is here but barely affirmed, it is sufficient for me to deny. It you could clear this, the whole question were decided. If he ought to give justice, he hath a speciall warrant, and calling to it, and how Force can give such a calling you have not yet assayed to clear, the contrary I have brought many reasons for (Chapter 2.) and am therefore before hand with you in this point. It will be confest, that if a man will take upon him to administer judgement he were better, or it is a lesse evill in him, to do right, then wrong therein: but of two evils of sin, neither is to be admitted.

4ly, This Doctrine of not acting is the very doctrine of Levelling. For when no man may act, every man may take freely from is neighbour, &c. 2. Levelling may be the consequent of non acting, but it cannot be the consequent of it; it is the consequence of those doings, who take away the settled Magistracy. 2. Levelling in point of goods, you like not it seems: but why do you not as well abhor from it in point of Government? that’s but levelling the private, this is levelling the publick interest; that Levelling can never come in, till this Levelling go before, and lead the way, but who are Levellers this latter, and (as you see) worse way, but they that teach, or practise the deserting of the lawfull, establisht Magistrate, and the competency, yea duty, of any that have force to play the Magistrate. Hence ariseth that which they cal an interpretative consent of the people: because it is supposed every rationall man doth consent that there should be order, property, and right, given under a tyrant, rather Edition: current; Page: [7-146a] then all to be under confusion, &c. 1. Every rationall man consents indeed that there should be order, property and right; and his being under a tyrant (by experience of the want) confirms his consent to the necessity thereof: but that such things should be maintained magistratically by a tyrant (in regard of title) you see (if all that are your Antagonists in this question be not stark Irrationals) some rationall men deny. And in this they appear rationall, in that they would hear some reason for it, before they consent to it. Which rather then you will strain yourself to give (for truly it is hard to do) you choose to suppose them that will not consent without it, to be out of the number of rationall men. 2ly, This shift of an interpretative consent of the people, that the Usurper shall administer judgement, will not serve you. For, 1. It will be difficult to finde out, and agree, when such an interpretative consent is given by the people. 2ly, What thing is it? as near as I can conjecture it is possibly. 1. Either that these men shall be the Power, or Magistrate; and then, 1. Either the people had power to give this consent, and this makes these men no Usurpers, but lawfull Magistrates, & so puts them out of the compasse of this question. 2. Or they had no power, being pre-ingaged, and then this consent is void, and null, because it prejudicates anothers right. 2. Or it is, that these men, though they have no consent of theirs to be Magistrates, but come in, and hold against their wils, and by their own meer force, and against anothers right, yet they shall for present execute judgement, because it cannot be had otherwayes. This consent (suppose it really past by the people) cannot bottome their acting, or others under them. For it is in the essence of it an unlawfull act, and therefore of no force. It is of the same validity as was that of the people which joyned with Korah, and his company, who gave consent, that though Korah, and the rest were no Priests, yet they should offer incense; or as that would be, if the people of a Congregation now, that can procure no lawfull Minister, should take a private man, and say, this man is no Minister, yet he shall, in this defect of one, preach, and administer the Sacraments to us. Such consents are contradictions to the establisht ordinance of God, appointing that no stranger to those functions shal execute those acts. In like sort it is in this point of Magistracy.

5ly, How could Ezra, and Nehemiah justifie their acting under the Persian Monarch, who had no right to the Crown of Judah, either by blood Edition: current; Page: [7-146b] or just conquest. 1. That the Persian Monarch had not that right, you say, but prove it not, but if just conquest give a title, Cyrus the first Persian King justly warred against Balshasar the last Chalcedon Monarch as Historiansa say, and therefore justly conquered him, and his Empire; under which the Jews were then subjected, and that by speciall warrant from God. Jer. 27. 12. to 16. 29. 1. to 8. 21. 8, 9. 38. 17. to 21. 2ly, But Cyrus had both an indubitable title to that Empire, and an unquestionable Commission for what he did in reference to the Jews releasement from captivity, and restauration of their Temple, Religion, and Civill State; and that from God himself, by immediate designation. Hear what he himself saith in his Proclamation, unto which he was stirred up in spirit by the Lord. Thus saith Cyrus King of Persia, all the kingdoms of the earth, hath the Lord God of heaven given me, and he hath charged me to build him an house in Jerusalem which is in Judah. 2 Chron. 36. 22, 23. Ezra 1. 1, 2. And compare this with what the Lord saith not onely of, but to this Cyrus. Isa. 44. 28. 45. 1, 2, 3, 4, 5, 13. and a clear calling or title to the Empire of the world, and to the acting of what he did in reference to Judea, will appear to be in him. It is conceived that Cyrus had certain knowledge of this Commission, recorded and given to him by name, in that Prophesie of Isaiah, and that by means of Daniel the Prophetb; and that which is therein written he understood to be his charge given of God, which he mentioneth in the aforesaid Proclamationc. Adde to this that Mr. Divdati interpreteth that speech of God to Cyrus, viz: I girded thee. Isa. 45. 5. of the Lords making him King, and giving him power and authority: v. 1. And that of ver. 13. I have raised him up in righteousnesse, he understands thus. That is, by a firm decree of my justice, and by a just calling. Now if Cyrus the first of the Persians had a valid title, what can controul his Successors right in Judea?

2ly, If there had been no right in the Persian King over Judea, yet the acting of Ezra and Nebemiah, could be no president or warrant for a now acting under a usurped Power in the case we have in hand. 1. Consider the speciall qualification, and call of Edition: current; Page: [7-147a] these two persons.Ezra 7. 1. 2. 1. For Ezra, he was a Scribe, and a Priest, and some think one of the highest, to wit, that he was that Josedech, who was the father of Festus the high Priest (this is Jerems opiniond; and so might be authorized by vertue of that office, to transact all that he is said to have done in his book. 2. He is said by some of the Ancients to be a Prophet, Neither can he be denyed so to be, (saith a late learned and solid Divinee) in that he was a Pen-man of Scripture. 3ly, And besides these functions, he seems to have had a speciall call of God in his undertaking what he did: it is said, The hand of the Lord his God was upon him, when he first enterprized his work: Ezra 7. 6. which phrase is often reiterated upon the severall passages of his imployment. Chap. 7. 9. 28. &c.

2ly, Nehemiah was the Governor. Neh. 8. 9. 10. 1. 12. 26. it is not any where said (that I finde) that he was sent with that power by the Persian King, but it is more probable he was chosen to that office by the people of Judah, both because he was one that was very zealous for the interest and publick advantage of that Nation, and by reason he came thither some yeers* after Ezra, and acted in conjunction with him. Neh. 8. 9. Now in Artaxerxes letter to Ezra, at his first going up from Babylon to Jerusalem, it is committed to Ezra’s trust, To set Magistrates and Judges up among the people: Ezra 7. 25. with this proviso, After the wisdome of thy God that is in thine hand; by which is meant the Law of God. But by the Law of God the people of Israel were to create their own Magistrates and Kings, Deut. 16. 18. 17. 14, 15. And besides his Governorship it seems he had (in like manner to Ezra) a divine instigation, and vocation to his work. It is said, That God put that in his heart to do at Jerusalem; which he went about, and when he was come thither,Neh. 2. 12. [Editor: illegible word] he told them of the band of his God which was good upon him: upon which report, they said, Let us rise up and build.

2. Let it be more narrowly observed, what Ezra’s Commission was from Artaxerxes, and it will be found, 1. That he himself was not authorized to fine, imprison, and put to death, as this Author affirmeth; let the text be better marked, Chap. 7. 26. 2. In the charge of setting up Magistrates and Judges, it cannot be thought he was intended to do it; otherwise then as a private man, or Priest might be instructed to do it, viz: with the peoples concurrence; For he (as I even now observed) was to manage that businesse after the wisdom of his God that was in his hand, to wit, Edition: current; Page: [7-147b] according to divine Law, which appointeth the people to do it.

3ly, That in all this Commission he and the rest that went up with him were authorized to do no more, and in no other manner then the Law of God required: Ezra 7. 14. 18. 23. 25. and consequently they were warranted before by it, to do all that they did, and this of Artaxerxes was but an encouragement, & strengthening of them to it. 4ly, Whatsoever he acted, Chap. 10. in the matter of the Oath, Proclamation and reformation in the point of marriage. Besides that there was nothing done by him in it, that was solely appertaining to the Magistrates office; all that he transacted was by the motion, appointment, and consent of the Congregation, the Princes and the Elders: Ezra 10. 1. 3. 7. 8. &c. ver. 12. 19. yea even by the free assent of the parties. 3ly, As for all the authoritative actings of Nehemiah, which he alledgeth they must be attributed to his place of Governor, and whence that is to be derived, I have spoken before.

Lastly, You bring in the Judgement of two or three Popish Divines. Which I shall altogether passe over, for that their reasons taken from the tacite, or interpretative consent of the people, the confusion that comes in by having no government, and the expedience of choosing the lesser of two evils, I have answered before. Only one thing brought in, by the last of them being not before answered, I shall here reply to; which is as followeth.

It is manifest that the Romanes by tyranny did possesse Judea, in that very time wherein Christ and John Baptist did preach, yet Christ, Matt. 22. did teach, that tribute was to be given to Cæsar. yea himself did give it, John Bapt: Luk. 3. commanded the souldiers this onely, that they should do violence to no man, and be content with their wages wherein he did rather perswade them to continue in the service of Cæsar.

First, To that of Christ, Matth. 22. wherein the main of this allegation lyeth. wch is stuck at by many, I have two things to say.

First, His Answer to the Question about the lawfulnesse of giving tribute to Cæsar is to be weighed, and therein it may be questioned, whether he positively taught that tribute was to be rendred to Cæsar. His words are. Render therefore unto Cæsar the things which are Cæsars: and unto God the things that are Gods. Here Christ delivers a precept of giving to God and Cæsar each their right in the generall, without asserting, or explaining what the right of either is in particular, or making application to the case, then before him; he seems to leave them that moved the Edition: current; Page: [7-148a] question to do that. His words determine not the point either way expresly; all that can be inferred from the plain current of them, is a conditionall rule equally favouring the affirmative, and negative; if it be Cæsars due, render it; if not, &c. Such a waving answer will not appear unbeseeming him, if it be considered who they were that propounded the quære, to wit, the Pharissees with the chief Priests and Scribes; and with what intention it was put forth by them, viz: to entangle him, and so to betray him to the Governor for his destruction: See v: 15. and Luk. 20. 19, 20. and how well this was known to him: v: 18. The case was put not so much of conscience, as of designe; and there was this biformed, or cornuted trap in it. If he should disallow that tribute paying, they would accuse and prosecute against him, before the Romane Governor as an enemy to Cæsars, if he should hold with it, they would traduce him to the people, as one that consented to the Romanes tyranny, and sacriledgea; Upon this ground he might prudently (and justly enough) give an Answer not to satisfie the doubt, but to silence the propounders. And unto this interpretation Mr. Calvin inclineth*. He so tempered (saith he) his answer by his admirable wisdome, that he might render himself obnoxious to neither party if he did indeed so expresly command tribute paying to Cæsar in these words, which were publickly, and before all uttered in the Temple with what face or colour could they, within two or three dayes after, accuse him unto Pilate; as one whom they found perverting the Nation, and forbidding to give tribute to Cæsar. Luk. 23. 2. This accusation would import to us, his Answer under question to have been so positive, and punctuall, for tribute paying; for though no doubt these men accused him maliciously, and would not stick to do it falsly, yet they would have some hint, or appearance of occasion for it, as in other their accusations they by straining, and misconstruction had.

2ly, But unto those who will not beleeve, but that in the said words he teacheth paying tribute to Cæsar: I further answer. Let the notion under which he is supposed to enjoyn it be observed, and the so understanding him will help not to strengthen, but to answer the Argument. He commands them to render that which he speaks of to Cæsar as a due or right: b Render unto Cæsar the things which are Cæsars; now if tribute or any thing else belonging to a Magistrate were Cæsars due and right, then was Cæsar no Usurper, but a lawfull Magistrate, for tribute of due can onely Edition: current; Page: [7-148b] belong to a rightfull Soveraigne. A debt on the Subjects part of tribute must needs infer a right to it in the Magistrate, to whom it is payable; and a right in him to it must needs infer a right in him to all allegiancec. How it came about that the Romanes were invested with the Soveraignty of Judea, is not necessary for me to clear, when there is (taking the words in this latter sense) so plain a proof that it was so in these words of our Saviour.

But for the Readers sake, I will observe thus much out of History to him. About 152 years before the birth of our Saviour, the government of Judea came to be in the Maccabees who were Priests. At that time Judas Maccabeus being in fear of that grand Enemy of the Jews, Antiochus sought aid of, and entred into a League of friendship with the Romanes;d which continued till about 60 yeers before the birth of Christ, when Hircanus and Aristobulus, the Sons of Alexander falling into contention for the Kingdom; and Aristobulus the more warlike man having possess himself of it, and usurped it from Hircanus the elder brother, in whom the right then was, the said Hircanus fled to the Romanes for remedy, and by the mediation of Antipater, he procured Pompey (then nigh that Countrey with an Army) to undertake his aid; who thereupon besieged Jerusalem: Hircanus his party within the City immediately delivered it up to him, and Aristobulus friends withdrew into that part where the Temple stood, which was by Pompey taken by storme; and by this means that City came into the hands of the Romanes, and Hircanus was restored to the high priesthood and kingdome of Judea. Who, with the party that cleaved to him against Aristobulus, having gained the upper hand of those that usurped over them, they were fain by the same means to keep it, by which they got it, to wit, by the Romane power and protectione. Whence it may appear, that the Jews under Hircanus, were not brought under the Romane subjection by meer force, but (through the necessity of their affairs, whereinto they were driven by the factions within themselves) from their own consent and choice. And to this dedition of the Jews to the Romanes,Non propter inopiam [Editor: illegible word] [Editor: illegible word] facultates sed ut in cos qui [Editor: illegible word] ludæ orum seditiones accederet. De bello Iudaic & li. 1. ca. 8. agreeth that saying of Josephus concerning Pompey, when he had taken Jerusalemf: He did as becometh a good Generall, rather by good turns, then by terror conciliate the people to himself. And another passage in the same Author plainly proves it. He telleth that Antipater replying to the accusations of Antigonus the Son of the aforesaid Aristobulus, layed in by him against Hircanus, Edition: current; Page: [7-149] and himself before Cæsar, complainseth of Antigonus, That be sought not relief of Cæsar, because he was poore, but that he might kindle Jewish sedition against those who had made a sedition of themselves. And thus continued this relation and subordination of the Jews unto the Romanes, to our Saviours time, and that still with a faction,Nam divisi trant Iudæi Interse, ita ut part dandum [Editor: illegible word] tributura Cæsari, pars negaret qui [Editor: illegible word] facienant cum Pharilæis, qui sentisbant populum Dei debere liberum esse nec tributa pindere Implæ porestant Cæsaris, qui dindum sentisbant facitbant cum Herode, qui Cælaris paries tueba [Editor: illegible word] [Editor: illegible word] ideo [Editor: illegible word] dicebantur. part of them adhering to the Cæsarian Authority, and part reluctating; which division among themselves occasioned the question to be really controverted amongst them, which is here insidiously propounded to Christ about the lawfulnesse of giving tribute to Cæsar; the party that was for the negative were the Pharisees faction, whose reputing and speaking of the Romanes as Usurpers, might occasion that vulgar opinion of their power which we meet with in some Authors, viz: that they were indeed in our Saviours time tyrants without title over Judea; Although it is evident (by what is here said) that they came into their Authority by the consent of the Juster, and better authorized party, and at this time had one part agreeing to them.

2ly, That which is further alledged, viz: That our Saviour himself payed Cæsar tribute, and that John Baptist perswaded the souldier to continue in his service, is taken off sufficiently by what is already said; for if Cæsar was a lawfull Prince to the Jews, these things make nothing for the Arguer.

I have thus gone through, and endeavoured to give a satisfactory Answer to every Argument, which by this Author, or any other I have observed to be urged for the obedience which in this Treatise I impugne. If I had been apprehensive of, or could have extracted any materiall argumentative grounds out of Mr. Ascams Discourse, for his high assertions mentioned in my 2d. Chapter, I had here taken notice of them. If he hath any brief and slander hints of Reasons, I suppose them to be Answered in what I have already said.Museul in loc. Vide [Editor: illegible word] Ians. in comment, in concord, ca. 156.

FINIS.

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Gerrard Winstanley

Winstanley, Gerrard

c. 1650

8.

7.8 Gerrard Winstanley, An Humble Request, to the Ministers of both Universities (9 April, 1650).

Editor’s Introduction

(Placeholder: Text will be added later.)

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TO THE READER,

THe occasion of the publication of this Request to the Ministers and Lawyers was this: Upon a discourse between Parson Plat, Lord of the mannor of Cobham, and Gerard winstanley, about the matter of digging upon the Commons in his Lordship.

Mr. Plat did promise and engage himself with loving expressions, and words savouring of much moderation, tenderness and reason, that if Gerard Winstanley could prove by Scriptures, the lawfulnesse of the work, that is, that the earth was made to be a common Treasury, and ought to remain so to whole Mankind, without respect of persons: That he would never hereafter molest the Diggers, but quietly suffer them to build and plant the Commons in his Lordship: And that he would bring in his Estate, and become one in that community.

This which here followes is a Copy of those Scriptures I delivered to him, which he had not then time to read over; but upon discourse at the same time, upon the same Scriptures, he did not gain-say, but by his words of Gentleness declared a condescension, to the light of that universall freedom, held forth thereby to Mankind.

For the present I offer this to the consideration of all rational and Christian-spirited men, to judge in the case; And according as Mr. Plat gives answer, I shall be as ready to declare and publish.

For the present farewell.

per me, Gerard Winstanley.

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To the Ministers of both Universities, and the Lawyers of every Inns-a-Court.

Gentlemen, Brethren, and Englishmen,

YOu all heare of the difference between Lords of Mannours, and the poor People of England. The poor people say, the common Land is their due, by right of Creation, and by the Lawes of a Common-wealth. And being encouraged herefrom, do build houses, and plant them corn for their Livelihood, upon the Commons and wast Land, that they may live like men, in their right of Creation; and that they may enjoy the benefit of a free Common-wealth, as they are Englishmen.

The Lords of Mannours say, it is not their Creation-right; thereupon beat them, pull down their houses, and much abuse them, pushing the poor with their hornes of power, like unrational Beasts.

And though the difference rise higher and higher between them, both in point of Conscience, and point of Law yet hitherto, there does not any appear to reconcile the difference,

But Gentlemen, let it not be said hereafter among posterity but that there were some wise men among you, that were not blinded by passion, covetousness, and self-interest; but that you would adventure to speak for righteousness, and that took the cause of the poor into your hands.

This difference between Lords of Mannours and the poor, about the common Land, is the greatest controversie that hath rise up this 600. yeares past.

If reason and righteousness which is the foundation of Scriptures, and just Lawes do give it us: let us have our freedom quietly; if neither reason nor righteousness give us this freedom, we will lie still, and never trouble you more.

Therefore I leave these following Scriptures and Considerations to you, and rest,

April 9th. 1650.

A fellow-Commoner of England, and true
friend to Freedom,

GERARD WINSTANLEY.

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The whole Earth: By the Law of Creation, is the Common treasury of free Livelyhood, to whole Mankind. And those Lords of Mannors, and others, that deny any part of mankind, this creation-freedome in the earth, are sinners in the highest degree, and are upholders of the fall & curse of Mankind.

To prove this by Scripture.

IT is plaine, that the Scriptures consists of Three Parts. First, they declare the righteous Law of Creation, wherein God gives to all Mankind, equall freedome, without respect of persons.

Secondly, they declare the fall of Mankind from this righteous Law; and the various unrighteous actings of Mankind, under his falne estate, or power of darknesse, by whom he is taken prisoner.

Thirdly, they declare the restoration of Mankind to his creation-rigteousnesse: By whom he is restored: And the actings and conversation of Mankind upon his resurrection from under that dark, or faln estate.

Ile begin with the First, and take notice how the Scriptures gives an universal freedome in the Earth to whole Mankind.

Gen. 1. 26.In Genesis, God said, Let us make Man: By Man, in the singular number implies, Mankind. And let them have dominion: By Them, in the plurall number, implies, whole Mankind in all his branches.

Ver. 27. & Ver. 29Againe: he created Man; that is: Mankind. Male and female, created he Them. And bid them, in the plurall number; increase, and multiply, and replenish the earth: and after Mankind, in his varietie of branches, did increase and fill the earth. Then the creating Power, or God, gives 2 Commands more.

First, To subdue the Earth. And this implies, plowing, diging, and all kind of manuring. So then observe. That bare and simple working in the Earth, according to the freedome of the Creation, though it be in the sweat of mans browes, is not the curse.

But for one part of Mankind, to be a Task-master, and to live Idle; and by the Beast-like power of the sword, does force another Edition: current; Page: [7-153a] part of Mankind to worke as a servant and slave. This is the power of the curse, which makes mankind eat his bread in sorrow by the sweat of his browes.

The Second Command from God, was this, to Mankind. That he should have dominion over the Fish, Fowle, Beasts, Hearbs, Plants. And this implies; that whole Mankind, spread abroad in variety of bodies, and yet but the unity of one Creation, Mankind is the Lord of the Earth: As David saith; The earth is the Lords:Psal. 24. 1. that is, Mankinds.

But there is not the least tittle spoken, that one part of Mankind should subdue, and rule in oppression over another, for this came in after the fall, and is the Beastly Power that hath beene suffered to reigne,Dan. 7. 25. for a time, times, and dividing of time.

When Mankind lives in the unity of the one Spirit of Righteousnesse; he lives in the light, and the light lives in him; which is Christ in him, the light of the Father, or the restoring Power.

But when Mankind lives in division, contention, and covetousnesse, one part of Mankind hedging themselves into the earth by force and sword, (as experience shewes, the strongest sword, rules over the weakest) and thereby shutting out another part of Mankind, making them slaves.

Jam. 4. 1. 2 Cor. 4. 4.Now Mankind lives under the power of the Fall, In darknesse, and darknesse lives in him. And this darknesse is the Devill, or sonne of bondage, which causes all division and sorrow.

This same Creation-Right, or common freedome in the earth among Brethren, was confirmed by Covenant from God, to Noah,Gen. 9. 9. and his Seed, without limitation or respect of persons.

So that, we see when that Almighty power did work a restoration in the earth, he gave the earth still to be in common; shutting out none, from enjoying the benefit of his Creation: But when Mankind began to quarrell about the earth; and some would have all, and shut out others, forcing them to be servants;Jer. 45. 5. This was Mans fall, it is the ruling of the curse, and is the cause of all divisions, wars, and pluckings up.

Gen. 17. 8.This same Creation-Right, or Universall Freedome in the earth, was confirmed by Covenant to Abraham, and his Seed, not limiting, or restraining any part. Now in this Covenant to Abraham, Edition: current; Page: [7-153b] God points out the work of restoration by Christ, the restoring Power, who shall be the joy and blessing of all Nations.

So that in the work of restoration, God brings Mankind to this universall freedome in the Earth, without respect of persons, according to the righteous Law of the first creation of all things.

In the next place, the Scriptures declare the Fall of Mankind from this righteous Law of Creation.

Psal. 49. 12And the fall of Man, is declared in these words: Mankind being in honour, abideth not; that is: he being made the Lords of the Earth, and had dominion over the Fish, Fowle, and Beasts, and was free in himselfe; yet he abode not in that honour.Rev. 19. 19. 20.

For one part of Mankind, seeking to enslave another part, setting up one to be a King, or Lord, casting another at his foot-stoole, the stronger part hedging himselfe into the Earth, by Armies and Selfewill Lawes, and thereby hedged out others, did hereby become like the Beasts that perishes.

Rev. 12. 14.And how is that? even as the beasts, that pushes one another with their hornes, so does Mankind; so that Mankind,Dan. 7. 25. in their Actings each to other, is become a Beast: And this Beastly Power was to reigne for a time, times, and dividing of times.

Therefore, whosoever upholds this Beastly Power, and yet saies they are the Sons of Christ, or restoring power, they lie, they deceive themselves, and the truth is not in them.

Gen. 4. 3.The Scriptures likewise declares the actings of Mankind under the fall, or in darknesse. Cain rose up in discontent, and killed his brother Abel. The quarrell rise about the Earth; for Abels industry made the earth more fruitfull then Cain; thereupon Cain would take away Abels labour from him by force.

These two Brothers did type out, or fore-run all the acting betweene man and man, from that time to this; being a plaine declaration of that darknesse, into which Mankind is falne.

Deut. 5. & Cha. 18. 18Moses Law of equity, was but the moderation, or the curbing in of the Fall of Mankind: for his Law was not the restorer: but, saith he, there is one comes after me, mightier then I, and him ye shall heare, which is Christ, the restoring Spirit.

Gen. 23. 4.All the wars and divisions in Israels time, and since: and all Edition: current; Page: [7-154a] buying and selling of Land, and the fruits of the earth, which is the art of cheating one another, is but the actings-of Mankind in darknesse,Gal. 4. 29. under the power of the fall; for, both Kings, Rulers, and all people, have had their checks from God, for their unrighteous walking, or cruelty against Abels plain-hearted Spirit. And all the great combultions that hath been,Jam. 4. 1. and yet is, in the world, is but politick, covetous, murdering Cain; holding Abel, or the honest plaine dealing heart under him; or the son of bondage, persecuting the son of freedome.Isa. 33. 1.

Now in the Third Particular. The Scriptures declares the restoration of Mankind, to his Creation-righteousnesse; or that the Sonne of Righteousnesse shall rise up, and expell the darknesse.

Gen. 3. 15.And there are 3 degrees of this First the Scriptures declares promises of restoration; as in these words: The Seed of the Woman shall bruise the Serpents head. Abraham’s Seed shall be the joy and blessing of all Nations.Gal. 3. 8. 2 Thes. 2. 8. The bright appearing of Christ, the restoring Power, shall destroy Anti-Christ, or that darknesse in man, called the Mystery of iniquity, that rules in, and enslaved Mankind. And in the latter dayes,Heb. 8. 10. 1 Joh. 2. 27. they shall be all taught of God, and the Spirit of truth, shall lead them into all truth. And such like.

Now these, and such like promises, declares the restoring of Mankind to his originall righteousnesse,Joh. 6. 45. and that they shall be brought to be of one heart, and of one mind; and that they shall be freely willing to let each other enjoy their Creation-rights, without restraining,Mat. 7. 12. or molesting one another; but every one doing as they would be done by.

Isa. 2. 4. & Chap. 11.Secondly, the Scriptures declares Prophecies, foretelling the restoration, in such words as these. The Swords shall be beaten into Plow-shares, and Spears into pruning-books, and Nations shal learn war no more; but the Lion and the Lamb shall feed together: the wast places shall be builded, and the desolate land shall be tilled, where as it lay desolate in the fight of all that passed by.Ezek. 36. 34. 35.

Joel 2. 21.This shewes, that the Commons, Heaths, and waste land, that hath lain barren, by reason of the unrighteousnesse of Kings, and Lord of Mannors,Psal. 107. 34. that would not suffer the enslaved poore to till, and manure it, shall in the day of Christs Power, be manured, Edition: current; Page: [7-154b] and be made fruitfull, that there may be no beggery nor misery among Mankind, but that every body may freely enjoy their creation rights.Zachar. 8.

Rom. 8. 10.Thirdly, the Scriptures declares the resurrection of the spirit of freedome within Man-kind. As in these words; The whole creation groaneth and travelleth in pain, waiting for a restoration.Rom. 7. 24. And Oh wretched man that I am, who shall deliver me from this body of sinne That is, who will deliver mee from my covetousnesse, pride, envy, uncleannesse, selfe-love, and this great power of darkness in me, that hinders me, that I cannot doe to others, as I would have them doe to me: And that enslaves mee within, so that I cannot quietly suffer others to enjoy their creation rights in the earth.

The Apostles were hated, slandered, persecuted, and bore all patiently, rather then strive againe, that they might hold forth the righteous law of creation: This shewes the resurrection of the spirit of Love in them.

Jesus Christ was slandred, beaten, reviled, and at last put to death, for no cause; yet hee reviled not againe, but suffered all patiently, that he might honour his Father. The spirit of Righteousness; this shewes the resurrection of the spirit from under darknesse, and a growing up of freedome and light.

This spirit of Love, Patience, Humility, and Rigteousnesse, is called the light of the world, and the salt of the earth, which brings mankind into a moderate, meeke, Loving,Math 7. 12. and seasonable condition: It is the restoring spirit, teaching all men to doe as they would be done by. He that hath this spirit,Rev. 11. 15. will never strive to be a Lord of Mannor, or a divider of Land;Dan. 7. 27. for he will quietly suffer every one to enjoy the freedome of his creation. This spirit destroyes all enmitie: This is the Gospel: This is Christ, appearing to be the joy of all Nations, which the Ministers of Christ must preach if they be faithfull to Christ.Eph. 2. 15.

This is the spirit of poverty, that hath been a servant in the world a long time, but now is appearing and rising up to draw all men after him.

This poore man is hee, that saves Man-kinde from utter ruine, and yet he is despised by Ignorance. This poore man spread abroad Edition: current; Page: [7-155a] in sonnes and daughters, shall inherit the Earth:Psal. 37. 9. 10. This is he that will give Man-kind a full freedome in the earth, and take off all bondages, therefore he is called the blessing of the earth. But the power of covetousnesse, which is the divider of land, is called the curse of the Earth, and murtherer.

Luk. 3. 5. 6.Jesus Christ bid the young man sell all that hee had, and give to the poore: This speech extends to all men, as well as to that selfe-conceited young man.

When Christ appeares in glory, in the day of his power, hee will make crooked wayes streight, and ruffe wayes smooth, throw downe the Mountaines, and fill up the Valleyes.

This declares the universall restoration of Man-kind to the law of righteousness, from whence he fell; for when once the Law of Love and truth is written in the heart of Man-kinde, they will never quarrell one with another about the earth, who shall have it, and who not, for it is the birth-right and Inheritance of all.

Matth. 20. 25.For saith Christ, though the Gentles seeke Dominion and Lordship one over another, yet saith Christ, it shall not be so among you who are my followers.

Now these of the Parliament, Armie, Clergy, Lawyers, and people of England that professes to follow Christ: and yet exercises Lord-ship over their brethren, not suffering their brethren quietly to live by them on the Earth; they doe deceive themselves, and are hypocrites.Jam. 5. 1.

Therefore woe, woe, woe, to you Rich men (and Lords of Mannors) howle and weepe.Isa. 16. 4. The oppressor shall fall: and he that takes the sword, and rules by it over brethren, shall perish by it. He that hedges himselfe into the earth,Matth. 26. 52. and hedges out his brother, not suffering his brother to enjoy the benefit of his creation; That man is a Thiefe, and a Murtherer, and an Enemie to Christ.Exod. 20. 13. 15.

And here I conclude, that these fore-mentioned Scriptures being but a gleaning of the Bible, gives a full warrant to all poore men, to build them houses, and plant corne upon the Commons and unnurtured land, for their comfortable livelihood, as they are part of Man-kind, being the right of their creation.

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And whosoever denies or hinders them of this freedome, doth deny God, Christ, and Scriptures, and overthrows true and pure undefiled religion.

True Religion, and undefiled, is to let every one quietly have earth to manure, that they may live in freedome by their labours; for it is earth that every one seekes after, that they may live in peace, let them say what they will.

The practise of the Gentry is to have the Earth to themselves: It is that the Armie fights for: It is that the Clergy preaches for; for if you deny him Tithes, or a Maintenance, you shall not heare of him.

Nay, is it not the bottome of all National lawes, to dispose of the Earth: and does not this appear to be true, by the practise of Lords of Mannors and the Gentrie, that cannot be at rest for vexing and fretting, because poore men begins to see their creation-freedome, and begins to build upon, and plant the Commons.

And men that in other cases are mild and seemingly loving, are like Lions and Devils, ready to kill and destroy these poore diggers; and not only the Gentry, but the Clergy generally are mad against this worke: Well, the power of darknesse, and the fall, rules in these men; for if the restoring spirit, Christ, were in them, they would doe as they would be done by.

And seeing the Scriptures confirms this creation Right to whole man-kind, then in the next place it followes,

That all the Title and Power, which Lords of Mannors have to the Common land, whereby they beate the people off from this their freedome, Is no other but the will of Kings, who were Conquerours, and ruled successively by swordly power, inslaving the creation Man-kind in England.

First then consider, That King CHASLES and his Lawes was the Successor of the person and power of William the Conquerour; for he did not rule by the law of creation, suffering every one to enjoy their creation-right on the earth: But by the lawes of a Conquest, which intitles some to the earth, and shuts out others.

Secondly, That K. Charles, and that Kingly Lordly conquering government, is cast out of England, by the victory of the Armie over Edition: current; Page: [7-156a] him, and by words and Acts of Parliament. If they doe not againe lose this their honour and peace too, by their selfe-love and covetousnesse, suffering the enemie to cheate them by policy, and thereby being in Kingly power again, who could not overcome them in the Field.

And seeing Kingly and Lordly power is declared against both by Army and Parliament, the people wants nothing now but possession of the Common-wealths freedome; for our freedome must not lye within the clasps of a Booke, in words that may be read; nor in the bare title of a Victory: but it must be freedome really enjoyed, or else it will do us no good.

The first Parliament law, which encourages the poore Commoners of England, to plant the Commons and wast land, it this; wherein they declare England to be a free Common-wealth: This Law breakes in pieces the Kingly yoake, and the lawes of the Conquerour, and gives a common freedome to every English-man, to have a comfortable livelihood in this their own Land, or else it cannot be a common-wealth.

Secondly, The Parliament did make this law, presently after the Kings head was cut off; That they would establish all the old ancient fundamentall lawes, wherein the Lives, Liberties, persons and estates of the people of England without exception, were concerned.

By this they give a common freedome to every English-man to have and enjoy the land for their comfortable livelihood by their labours, without restraint of any.

For the Ancient fundamentall Law is Salus populi, the safety, peace, and preservation of the whole body of the people, excepting none.

And this fundamentall law, called Salus populi, was that which gave life and strength to the Parliament and Army to take up Armes against the King; for they had not the least letter of any written law for their warrant at that time, all the lawes being for the King, and none against him.

Now if there be any Ancient Lawes of the Conquerour unrepealed, whereby the people are hindered of a quiet enjoyment of a Common-wealths freedome, they are all blotted out and abolished by this Act of Parliament, which hath declared

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Therefore the poor people, being part of our Commonwealth, and being impoverished by the Kingly Lordly & Power, which is now cast out, are freed from the oppressions of all those Lawes, whereby their lives, liberties, persons and creation-rights, were enslaved: And Salus populi, is the fundamentall Law, that gives that life and strength and courage to build upon and plant the common Land, for their comfortable livelihood. This is the Commonwealths Law, and the Commonwealths Freedom.

3. Thirdly, The Parliament have made an act to free the People, from yielding obedience to the King, and to all that hold claiming under the King. This Law likewise throwes down the power of the Conquest, and makes Englishmen free in their Land, that they may live comfortably in their English Commonwealth, and quietly enjoy their Land now, which they could not, while the conquering Kingly and Lordly Power ruled.

4. Fourthly, The Parliament hath made an Engagement, to maintain this present Commonwealths Government, against King and house of Lords. This likewise is but a confirmation of the first, to make England a free Commonwealth. And that all Englishmen may enjoy the comfortable livelihood in the Land, as Brethren, without restraint; for if I have not freedom to live in peace, and enjoy food and rayment by my Labors freely, it is no Commonwealth at all.

Now in the purchasing of this declared freedom, the common people of England, have spent their Estates, as well as the Gentry, partly by their free hearts in lending money to the Parliament, partly by Taxes, partly by free quarter, and partly by plunder in times of Warre. By all which our proprieties are wasted, and the fruit of our labours laid down and accepted of, both by Parliament and Army, to be a price to purchase Salus populi, the peoples creation-freedom, out of the oppressing power of Kingly power.

Therefore in reason and justice, I conceive, that if the poor people do build houses, and plant corne upon the Commons of England, for a livelihood, they are protected and warranted both by Scriptures, and the Lawes of the present Commonwealth: And we expect the Officers of the Law, will be as Edition: current; Page: [7-157a] faithful to us, to put us in possession, as our Law-books are to declare our common freedom.

And whereas some Justices do say, that for poor men to dig and plant upon the Commons, they do bring themselves within the statute, to be punished for vagrants, idle or wandring rogues: to this I answer.

1. That the Justice cannot call these men vagrants, or wandring rogues; for by the letter of the Law, it is no vagrancie to dig and work; but when men are idle, wanderers, begging up and down, these the Law lookes upon as punishable.

But the Diggers they set themselves to work, according to the Law of creation, as they are Englishmen, upon the Commons of England, claiming the priviledges of the Common-wealth, according to the Lawes of a Common-wealth, that they may not beg, nor be forced to steale through want, and so be hanged by the Kingly and Lordly Law.

2. Secondly, Their digging upon the Commons for a livelihood, is no Riot, though some Justices would make it; for they do not fight against any. And their meeting together, is no unlawfull or riotous meeting, unlesse the gathering together of many people in one field, to dig, plow, or reap, be a Riot, or an unlawfull meeting.

These Lawes against Riots, or unlawfull meetings, as they call it, was the Law of the fearfull Kingly Conqueror, lest the common people by their often meeting should understand their creation-freedom, and so should joyn together, to conquer and cast out him that had conquered them.

Yet the Gentry and Lords of Mannors, who are part of the Kingly and Lordly Power, they have met divers times in Troops, and have beaten and abused the Diggers, and pull’d down their houses. Yet we do not heare that the Clergy, Lawyers, or Justices, who would be counted the dispensers of righteous justice, do speak against them for Rioters, but against the poor labouring men still, checking the Labourers for idleness, and protecting the Gentry that never work at all: therefore if idle persons, who wander up and down idly, be punishable by the Statutes; Then judge whether it be not the idle Gentry, rather then the laborious poor man.

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These things I leave to the consideration of all rationall men to judge of, they being the foundation, whereupon our work of community in the earth, according to the Law of creation, being reason and justice is builded. And I desire any rational man, Minister or Lawyer, to answer these, either to confirm us, or else to raise up this foundation of Scriptures and Law, not by take him Jaylor, which is the language of the Beast; but by reason which is the voice of the man.

Though this work of digging upon the Commons, have many enemies, yet I am assured of the righteousnesse of the work, and it shall take root in one place or other, before many yeares passe over Englands head, I can set no time, but I wait for the consolation of Israel to arise up, and break forth in others, as I have a taste of him in my self.

The voice of the Dragon is, kill him, pull down his house, beat him, arrest him, take him Jaylor, imprison him, he is a rogue.

But the voice of the Lamb is, love your enemies, let him live, the earth is his creation-right as well as mine: therefore let us do as we would be done unto.

Ministers and Lawyers, will you all stand looking on, and see the Lords of Mannors exercise Kingly Power over the poor men that claime their creation-right in the earth, and be silent?

You would be called dispensers of Justice: here is a point of justice for you to decide: this is the point upon which you shall either stand or fall, be saved or damned; for you are put upon the tryal.

The week before Easter, Parson Plat, Minister of Horsley, being the Lord of the Mannor of Cobham, where the Diggers were at work. And Thomas Sutton, the impropriator of Cobham, came in person, and brought divers men, whom they hired to pull down a poor mans house, that was built upon the Commons, and kikt and struck the poor mans wife, so that she miscarried of her Child, and by the blowes and abuses they gave her, she kept her bed a week.

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And at this time I went to Mr. Plat, and spoke with him, about our freedom in the Commons, he answered me, if I could make it good by Scriptures, he would never trouble us more, but let us build and plant: Nay he said, he would cast in all his estate, and become one with the diggers.

The next week after I carried him this writing afore printed, being Munday in Easter week, and upon our discourse, he seemed to consent to many things, and was very moderate, and promised me to read it over, and to give me an Answer: moreover he promised me, that if the diggers would not cut the wood upon the Common, he would not pull down their houses: And the diggers resolved for peace sake, to let the wood alone till people did understand their freedom a little more.

And upon Fryday in Easter week, he came and brought his answer, which was this. He came accompanied with about 50. men, and had hired 4. or 5. of them, to fire down the diggers houses: some that stood by said, do not fire them, the wood will do some good; his answer was, no, no, fire them to the ground, that these Heathens, who know not God, may not build them again; for if you let the wood alone, they will build again.

Thereupon at the Command of this Parson Plat, they set fire to six houses, and burned them down, and burned likewise some of their housholdstuffe, and wearing Clothes, throwing their beds, stooles, and housholdstuffe, up and down the Common, not pittying the cries of many little Children, and their frighted Mothers, which are Parishioners borne in the Parish. And yet some of these hired men, lives not in the Parish, and some are strangers newly come into the Parish: and so were bewitched by the covetous make-bate Priests, to do this heathenish turkish act.

The poor diggers being thus suddainly cast out of their houses by fire, both they, their wives and Children were forced to lie upon the open Common all night: yet the rage of Parson Plat and his Company rested not here, but in the night time, some of them came again upon the Commons, while the diggers were quiet, and some of them in bed, and said, we have Edition: current; Page: [7-158b] Authority from our Master, that is Mr. Plat, to kill you, and burn the rest of your goods, if you will not be gone: thereupon Sir Anthony Vincents Servant, called Davy, struck at one, and cut some of their Chaires and other Goods to peeces, frighting the women and Children again. And some of the Diggers asked them, why they would do thus cruelly by them, they answered, because you do not know God, not will not come to Church.

Surely if the God of these men, by their going to Church, teach both their preacher and they, to do such cruel deedes; we will neither come to Church, nor serve their God. Mr. Plat in his Sermons can say, live in peace with all men, and love your Enemies: therefore if the Diggers were enemies, he ought to love them in action; but it is a true badge of an hypocrite, to say, and not to do.

Let every Mans actions be tryed, and see who serves God. They or the Diggers. Mr. Plat and the Gentlemen, (so would be called) that were with him, were full of rage, and gnashed their tongues with vexation; but the Diggers are patient, chearfull, quiet in spirit, loving to those that have burned their houses.

Therefore the poor Diggers have got the Crown, and weare it, and the Priests and Gentry have lost their Crown: The poor have striven with them 12. moneths, with love and patience: The Gentlemen have answered them all the time with fury; they would have the Earth and all freedom, but they will not suffer the poor to have either earth or freedom, but what they hire of them.

But though the Devill be let loose to swell against us, in these Gentry that rule over us, by Kingly Power, or Law of Norman Conquest, notwithstanding, they have taken the Engagement, to cast out Kingly Power: yet his time to be chained up drawes nigh: and then we are assured this righteous work of earthly community, shall have a most glorious resurrection out of his ashes.

Nay farther, if this satisfies not Mr. Plat, but he & Tho: Sutton, of Cobham, have hired three men, to attend both night and Edition: current; Page: [7-159a] day, to beat the Diggers, and to pull down their tents or houses, if they make any more; and if they make Caves in the earth, they threaten to murther them there, so that they will not suffer the poor Diggers to live, neither above nor below ground: if they beg, they whip them by their Law for vagrants, if they steal they hang them; and if they set themselves to plant the Common for a livelihood, that they may neither beg nor steale, and whereby England is inriched, yet they will not suffer them to do this neither: And so hereby these Gentlemen, take away both creation-right, and Common-wealths right from the poor Diggers; for they command the poor enslaved Tenants and Neighbors likewise not to suffer any of the Diggers to have any lodging in their houses, nor to sell them any meat for their money.

And thus the fury of Parson Plat, exceedes the fury of any other Lord of Mannor. The chief setters on to burn these houses, and to abuse the Diggers, was Parson Plat, Sir Anthony Vincent his Tenants and Servants, were most of them there; likewise Thomas Sutton and William Star, these are they that say the Commons belong to the poor, and yet these rich men are agrieved to see the poor make use of the Commons: the actors in this Turkish designe, were furious beyond the fury of the Beasts; but many of those that came were threatned by Vincent his chief men, to be turned out of their Livings, if they came not, so that this is not an act of the tenants by free consent, but the Gentlemen hired others to do it.

These men do so powerfully act the Image of the Beast, that they will neither buy nor sell with any freely, nor let any have land houses, or work under them but such as have the mark of the Beast; that is, such as are filled with fear of them, and are obedient to their beastly Power. And some of them say, they do God good service, if they can destroy or kill the Diggers. Thus the Scriptures are fulfilled. Rev. 13. 17.

And now they cry out the Diggers are routed, and they rang bells for joy; but stay Gentlemen, your selves are routed, and you have lost your Crown, and the poor Diggers have won the Crown of glory.

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For first you have not routed them by Law, for you durst not suffer the Diggers plead their own cause, so that it never came to any tryal; and you have no Law to warrant your Lordly power in beating of the Diggers, but the will of Kingly swordly power, which is self-will, and Club-law.

Secondly, You have not routed the Diggers by dispute; for your impatient, covetous, and proud swelling heart, would not suffer you to plead rationally with them.

Neither thirdly, have you routed them by Scriptures; but the Diggers have routed you by your own Law; by reason, by Scriptures, and patient suffering all your abuses and now your name shall rot, and your own power shall destroy you.

When the Scribes and Pharisees of old, (these Lords of Mannors Ancestors) had put Jesus Christ to death, they rejoyced, and sent gifts one to another, and made merry, and in such like words, said they had routed him. And so now these English Pharisees, because they have acted the power of the Beast, and to the eye of the Beast, seeme to stand uppermost for a time, they say they have routed the Diggers.

But they are mistaken, for the Diggers keep the field of patience, quietness, joy and sweet rest in their hearts, and are filled with love to their enemies; but the Gentlemen are so impatient, they cannot rest for fretting, jearing, rayling, and gnashing their tongues with vexation.

They wil not suffer the Diggers to look to the Corne which is planted upon the Commons, being about eleven Acres: neither will they look to it themselves, but let the Cattle spoile it, that they may say, see, their labor comes to nothing. Are not these men the curse of England, that wil not suffer others to live by them and will rather spoile corne in these dear times, then let the poor enjoy their own righteous labors upon the Commons?

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This work of digging, being freedom, or the appearance of Christ in the earth, hath tried the Priests and professors to the uttermost, and hath ripped up the bottom of their Religion, and proves it meere witchcraft, and cosonage; for self love and covetousnesse is their God, or ruling power. They have chosen the sword, and they refuse love; when the Lamb turnes into the Lion, they will remember what they have done, and mourne.

And thus I have faithfully declared all the businesses, and though the power of their coverousnesse, self-loving flesh, hath for the present trod our weak flesh down; yet the strength of our inward man, hath overcome them; and is the Lord God Almighty, above that power that rules in them.

We have declared our Testimony, and now let freedom and bondage strive who shall rule in Mankind: the weapons of the Sonnes of bondage being carnall, as fire, club, and sword; the weapons of the Sonnes of freedom being spiritual, as love, patience, and righteousnesse.

FINIS.

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14 February, 1651

9.

7.9 Anon., A Declaration of the Armie concerning Lieut. Collonel John Lilburn (14 February, 1651).

Editor’s Introduction

(Placeholder: Text will be added later.)

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A DECLARATION Of The ARMY

To the Parliament of England; concerning Lieut. Col. John Lilburn; And the humble Petition of the Citizens of London, the free-born Denizens in the respective Counties, Poor and Rich; and all sorts, with all the Distressed and Oppressed People of England.

THe Officers and Souldiers in the Army, having received Advertisements of the heavy Censure which L. Col. Lilburn (at present) lies under a Councel was called, and after a large Dispute, many declared their ardent affection, To stand and jail with so great and faithful an Assertor of England’s Liberties. Others resolved, To submit their Wills, to the Will of the Power that imposed the Sentence, Edition: current; Page: [7-163a] declaring, That they will leave no means nor dangers unattempted, to establish the People in the fulness of their Liberties and Freedoms. Which cordial Result, re-minds me of that most excellent and emphatical Petition of the freemen of England, to the Parliament; A Copy whereof followeth:

The humble Petition of Officers and Souldiers, Citizens and Countrey-men, Poor and Rich; and all sorts, &c.

SHEWETH,

THat it being the work of Nature, Reason and Christianity, by which we shall be judged in the last Day, (Mat. 25.) And the very bottom of all pretences in all Corporations and Councels, To cloath the naked, feed the hungry, visit the sick, and relieve the oppressed: All former Lawes, statutes, and consultations having been of small effect hitherto: houses of Correction being more apt to make men (from being poor) to become Vagabonds and Beggars, by taking from them the Repute of so much Honesty, as not to be intrusted with employment; and conveying into them a further impudency, or desperateness (as by experience is manifest) and many having of late years perished for want of Necessaries: The Lord having now put into your hands a present opportunity, of adding this great Work to all the mighty works which he hath done by you.

May your Honours be pleased to grant to your Petitioners (all due respects being first had to your great losses & damages, out of Delinquents Revenues) or so many of them as shall be thought fit, and to all the poor of England, the remainder of what is due upon publike Accounts. 2 All or so much of the Commons, Forests, Chaces, &c. as is due unto the Poor. 3 All Mines not wrought on at present, all Edition: current; Page: [7-163b] drowned lands, lands deserted of the Sea, or the like, they agreeing for what is due to any Owner. 4 The sole benefit of all Manufactures, Engines and Inventions either by Sea or Land, by your Petitioners brought into Use in England. 5 All Parish Collections, and concealed or abused Charities, with power to search all Records, Wills, Church-books, & books of Accounts to that purpose, gratis: to be as a publique Treasure of the Land, for all publique Designs, in one common joynt Stock.

And some of your Petitioners will put in sufficient security; 1 To provide all necessaries for the Army. 2 To pay the Arrears of the Army within 5 years. 3 To take off all Taxes within one year, except Customs. 4 To pay all the debts of the publique Faith which remain due at 6. per Cent, within 10 years. 5 To set up a publique Banck, as in Amsterdam, Venice, and other places. And if your Honours shall think good, to grant the Fishings, Customs, and Revenues of the Navy, &c. then your Petitioners will undertake to maintain a constant Navy at Sea, and to secure the Merchants at. 1 per Cent, a month, for the narrow Seas. 2 To take off the Customs from unwrought Materials and Commodities, and Food and Ammunition imported, and lay them upon unwrought Materials and Commodities, and Food and Ammunition exported. 2 To take off all Customs from Manufactures exported, and lay them upon Manufactures imported.

Thus may your Honours be eased of great Burthens; be free to other great affairs; Take away all Taxes and Groanings of the people; Reconcile all parties; Gain the love of the people; Make Trade free; Establish the peace of the Nation; Establish your own peace before God and Man; And bring down the blessings of God abundantly upon all your faithful Endeavours.

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The Freemans Appeal.

As for my own part I am a free-man; yea, a free Denizen of England; and I have been in the field with my sword in my hand, to adventure my life and my bloud (against Tyrants) for the preservation of my just freedom; and I do not know that ever I did an act in all my life, that disfranchised me of my freedom; and by vertue of my being a freeman (I conceive) I have as true a right to all the priviledges that do belong to a freeman as the greatest man in England whatsoever he be; and the ground and foundation of my freedome I build upon the grand Charter of England, which is published and expressed in the 9 of HEN. 3. Chap. 29. which I humbly crave leave to illustrate as followeth, viz. That no freeman shall be taken or imprisoned; or be diseised of his free-hold or liberties; or free Customs; or be out-lawed or exiled; or any wise destroyed: Nor we will not passe upon him, nor condemn him; but by lawful Judgment of his Peers; or by the Law of the Land; we will sell to no man; we will not deny; or defer to any man either Justice or Right. And the priviledges contained herein are my birth-right and inheritance; which priviledges Edition: current; Page: [7-164b] have been ratified and confirmed to the free people of England by the Parliament assembled at Westminster; and many Declarations put out against the late King for violating of them.

And truly, I cannot chuse but remind you, That the Law of England is the birth-right and inheritance of the people of England; yea of the meanest as well as of the richest: And although the Law of England be not so good in every particular, especially in the administrative part of it, as I could wish it were; yet till I can see a better, I (for my part) will make much of that which we have, as the principal Earthly preserver and safeguard of my life, liberty and property for it, viz. Magna Charta Chap. 29. saith, No free-man shall be taken or imprisoned, or be disseised of his freehold or free Customes, or be outlawed or exiled, or any otherwise destroyed; nor past upon, nor condemned, but by lawful Judgment of his Peers; or by the Law of the Land; and that Justice and Right shall not be sold denied, or deferred to any man. See Sir Edw. Cook’s excellent Exposition upon this in his 2. par. Instit. fol. 46, 47. &c. Printed by the late forcibly dissolved Parliament for good Law. And positively declared, To preserve unto the people inviolably their fundamental Laws and Liberties, in reference to their Lives, Estates, and all things appertaining there unto.

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A Charge of High-Treason is preparing to be exhibited against Mr. Ainslow, a learned Professour of the Law, and now prisoner in the Presse-yard at New-gate, for writing and divulging a Treasonable Book against Mr. Attorney-General Prideaux, and divers other Honourable Members: His Tryal is ordered to be upon Friday the 30 of this instant January. At which time, the Articles of Impeachment are to be read; which (its believed) will produce an immediate Sentence, answerable to his demerits, being a matter of great and incomparable consequence.

FINIS.

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William Walwyn

Walwyn, William

2 December, 1650

10.

7.10 William Walwyn, Juries justified (2 December, 1650).

Editor’s Introduction

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Juries Justified: OR, A Word of Correction, to Mr. Henry Robinson.

THough a silence had seiz’d me, equal to his that was born and continued dumb, till his father was in danger of being murthered; yet retaining still a sincere and vigorous affection to my Native Countrey, and seeing this mans Knife offering at the throat of our preservers (such I esteem our Juries) for Englands, and for this its fundamental essential liberty, I could not hold my peace; but must tell Mr Robinson, he deals most injuriously with his Country, whereof he must either speedily repent, or be made ashamed: For how doth it appear, That there is not a competent number of understanding and fit men to be had in the lesser divisions of a County, for trial of all causes upon all occasions? which is his first frivolous objection. If by lesser Divisions, he means Hundreds, who doth not know it to be a most notorious slander? there being not the least in England, but affordeth a double competency of understanding and fit men; yea, should he mean Parishes, I verily beleeve, a Edition: current; Page: [7-168a] sufficiency might even there be found, for trial of all the causes of each Parish; but that needs not, the divisions of Hundreds being more commodious, and the Hundred Courts being of ancient continuance, might soon be reduced to the former use; in which Courts (before the Conquest) all causes or matters in question, upon especial penalty were finally to be decided, in every Month.

And though William the Conquerour was so unjust and unworthy (indeed so perjured) as to alter this course so far, as to ordain that four times in the year, for certain days, the same businesses should be determined in such place as he would appoint, where he constituted Judges to attend for that purpose, and others, from whom (as from his own bosom) all litigators should have justice, from whom was no appeal; and appointed others for the punishment of malefactors: yet he never attempted to take away Juries, as finding by the resolute strugling of the people against what he did, that they would never bear it. So as this Mr Robinson does what he can, to induce the present Parliament, to deal worse with us then the Conquerour did with our Predecessors not minding as it should seem, how heinous an offence it hath been always judged, for any to endevour the subversion of the fundamental Laws of the Nation: nor regarding how frequently this Parliament have avowed to maintain inviolable, those fundamentals, in all things touching life, liberty, and estate, with all things incident thereunto; so as he invites them to do that, then which nothing could be more dishonourable. Insomuch, as it is a difficult thing to conceive, whence it is that he should engage himself in such a subject, nor can I imagin; except it be from his proneness to invention, a humour for the most part got by travel, but proving very unhappy to this Nation; as might be instanced, in our exchange of many of our substantial honest plain customs, for Frenchified and Italianated inventions, which have had no small share in our late distempers, new platforms of Government, sent Edition: current; Page: [7-168b] English-fugitives abroad, to reduce us into the like depth of bondage with our neighbours, having been received with too great applause; but it is strange the ill success of the inventers & attempters, few of which have escaped exemplar punishment, should not as Land-marks warn travellers from such Shipwracks. And of all our English travellers (I say) well fare Col. Henry Marten, who returned a true English-man, and continued so ever after; always manifesting a most zealous affection to his Countries liberties, and especially to this, of Trials by 12 men or Juries; as eminently appeared by his demeanor upon the Bench at Redding, where it being his lot to give the charge to the Grand-Jury, in the first place, he wisht them to be rightly informed of their own places and authority, affirming it to be judicial, when as their own (meaning the Justices) was but ministerial; and therefore desired them not to stand bare any longer, but to put on their hats, as became them, and not to under-value their Country, which virtually they were; or words to this effect: which I the rather mention, to set traveller against traveller; for had he been a meer Country Justice, and not seen the world abroad, this our Anti-Juriman, possibly would have said it had been a vapour, sutable to one that had never been farther then the smoke of his own Chimney; for so our inventive innovating travellers, use to silence those that oppose their corrupt reasonings: And I have good hope our fear is our greatest harm, for certainly the Honourable Parliament would never have referred the care of the Regulating of Law and its proceedings, in so special a manner to Colonel Marten, but that they approve of his affection to Trials per Juries.

But it may be, he lays the most weight of his first Objection upon the word Understanding; that there is not a competent number of Understanding and fit men: Understanding indeed is very good, but as I take it, there is not so great a want thereof in England, as there is of Conscience, Edition: current; Page: [7-169a] a faculty that puts on to the doing of what is approved to be ones duty, and to the resistance of what is not: a little quantity whereof (in my opinion) were very wholesom for one that is troubled with the rising of such Objections. But as for understanding sufficient to judge between right & wrong, in any case, where proof is to be made by witnesses openly and freely to be examined, and where a man shall be sure to have the help of eleven more equally engaged under oath to be careful therein; truly I wonder, that (any man not suspicious of his own judgment, or not over-weening it) should so much as doubt, that a competency of such understanding fit men, are not in every lesser Division or Hundred to be found.

Indeed, understanding is in great reputation; and so is utterance too; but yet nothing is so precious as a true conscience; not such a one as is satisfied with, touch not, tast not, handle not; nor with saying Carbun: nor with observation of days and times, no nor with saying Lord, Lord; but with doing judgment and justice, in delivering the Captive, and setting the Oppressed free; in feeding the Hungry, clothing the Naked, visiting the Sick and the imprisoned; and in faithfully keeping all promises and compacts amongst men, without which civil societies cannot be maintained.

And certainly, any one that hath such a good Conscience, would make a Conscience of removing so ancient a Land-mark, which our fore-fathers have set, Job. 22. 28. and more of such good Consciences I beleeve are to be found amongst our ancient English Gentry, and other our Free-holders, than among our sharp-sighted, smooth tongued Travellers; and such as (to the honour of our English nation) have in all times served their Country justly and faithfully, judging the causes both of rich and poor without fear or favour, as justly as can be expected amongst men, yea, without respect to persons or opions, as truly honouring God in their hearts, and trembling at an Oath taken to deal justly; and who with Edition: current; Page: [7-169b] their lives and fortunes, in all times, have preserved this, the most essential Liberty of England.

For howsoever men in these days make bold to trample Magna Charta under their feet, making sport at the many absurd prerogative and superstitious things therein contained; it is to be noted, that these things are but as a French garb or cloathing, which the Conqueror and his successours, by main strength, forced our fore-fathers to put on: but yet, as an Englishman is to be known from a Frenchman amongst a thousand, though he labor to fashion himself as the most Frenchified Gallant; so are our true English Liberties, contained in Magna Charta, as easie to be differenced from amidst that superstitious and in some measure, tyrannical heap cast upon them, and which that worthy Parliament, in the third year of the late King, called out to, purpose, and reduced into that excellent Law (as this Parliament stiled it since his death) the Petition of Right, and wherein trials per Juries is the principal.

And therefore this is a strange kind of service or gratitude to the Parliament in Mr. Robinson, for so many profitable places and favoure conferred upon him, to invite them to take away Juries, and to erect another way of trial of Causes, whereby he must necessarily render them more odious to the people, than the worst of those they have removed; for certainly, had either party when these publick differences began, proposed the taking away of Juries, they had never had a thousand men to have taken part with them; so as if his counsel should take place, I wonder where the Parliaments Cause would be, which they have ever, hithereo, held forth, for the concurrence of the People is it not also as easie to judge for whom he labours to beget friends, by his so doing, it being no new thing with him to play the Lapwing.

As in also doth he repay the Army; for whereas they publish to all the world, That they esteemed all present enjoyment (whether of life or livelihood, or nearest relations,) Edition: current; Page: [7-170a] a price but sufficient to the purchase of so rich a blessing, viz. That they, and all the free-born people of England might sit down in quiet under their own vines, under the glorious Administration of Justice, and Righteousness, and in full possession of those Fundamental Rights and Liberties, without which, they could have little hopes to enjoy either any comforts of life, or so much as life it self, but at the pleasure of some men, ruling meerly according to Will and Power.

What more fundamental liberty than the trial of causes by Juries of twelve men? What more constant, more glorious administration of Justice and Righteousness? Yet this true or false lover of the Army, insinuates, nay, invites the taking of this away, as the end of their conquest, as if they had conquered, not for the establishment of our fundamental liberties, but for their extirpation: if these are his mites he so much boasts of, to cast into the work of Reformation, sure it is not for the English, but the Scotch Treasury; where if he should be as acceptable as (time was) one was at Oxford and Newcastle, the new Office of Addresse may serve turn for private parties, with any body, and is a fit contrivance for him to be hic & ubique as formerly: What think yee of it? is it, or is it not? Is it not more likely, than that England should not be able to afford a sufficient number of judicious and conscionable men for Juries? for my part I professe I think it is.

And how I pray doth it appear, that People are generally unwilling to be called upon for Jurie-men, whereby they neglect their own affairs? which is his second objection. What an unheard of grievance hath this tender hearted man found: out! even the most insensible burthen of serving upon Juries; wherein his care appears above and beyond all that ever petitioned the Parliament: not one Petition of the well-affected, in all their large Petitions, so much as minding or desiring to have it removed, no, not a one of the ill-affected: manifestly shewing, that either he is Edition: current; Page: [7-170b] better then the best, or worse then the worst affected: say Scotch, or English, whether is it? (for he desires us to be tried by God and his Country) is it not right sterling. But certainly Mr Robinson is troubled, the plain people should be put upon occasions to understand themselves in any measure, or be able to discern of one anothers causes, but would have them so wholly fixt upon their own particular affairs, that they might remain as ignorant of the laws of the land, as in time of Popery they were of the laws of God; then, knowing no more but what the Priest pleased: and now he would have them put all their understandings (in the affairs of law) into the pockets of such Judges, as he in his own brain fancies, and would perswade them to it for their own good, then they might the better follow their more profitable callings; he finding, it seems that every man is born for himself, and not so much as a Jury-mans time to be spent for the publique: sure ’twill not be long but he will also find, Constables, Headboroughs, and all other Officers to their hands; but by the way, not without good pay, for so he carefully proposeth for his Judges, and so large as they may live upon it when they are out of their Offices; and thus he will devise waies to raise monies in such sort I warrant ye, as shall be no waies burthensome to the people, no so much as felt by them, if you will beleeve him, but so long till he hath brought you into his fooles Paradice, when he hath you there, beleeve or no, all is one, he will make you pay, and say too you feel it not; to such an end drives his Mountebank promises, in all he hath yet undertaken; for he hath made some believe, that he will shew how all the vast charges of the Common-wealth should be constantly defrayed without burthen to the people; but sure his meaning is, that he would have them at such a passe, as they should not dare to say the contrary, if he but say it is so: otherwise; where are the mountains he hath so often promised, are they in his office of addresse, or are they not? Edition: current; Page: [7-171a] ’tis like there’s more, then such as truly love the Liberties of their Country can imagin.

Well, all the Jurie-men in England shall be excused from any further service, because they are generally unwilling: off with your hats, Country-men, and thank him; he onely takes care of you and your affairs: Not a Parliament man, God be praysed, hath had this wicked care of you, as for a poor complement, a little drawing back from your duty, to take you at your words, and smile you out of all your liberties at once; for beleeve it, lose this and lose all: No more complements, I beseech you; but upon the first call, pack up and be going, for if once Mr. Robinson take you napping, he may chance shew you a new Florentine trick for it.

For he further objecteth, that though they do come to avoid the penaltie, they seldome take the course to be rightly qualified and fitted to judge of the matter in controversie. But doth it appear to be a truth, that they come (only) to avoid the penalty? It may be some do so, & yet they may bring their consciences with them; (which, some think, have been as frequently found under Felt Hats and Worsted Stockings, as with people of a finer Stuff,) and then I hope, it is well they are there; but that one Swallow should make a Summer, or one Woodcock a Winter, is against our English proverb; and as ill reasoning it is, to imply (as he doth) that none come, but to avoid the penalty, when as it is impossible for him to know it, or to think it, so as to beleeve it: but some say, our decoy Ducks may twattle any thing, for what is this and all the rest but twatling? They seldome take the course to be rightly qualified and fitted to judge of the matter in controversie, What cours trow hath he seen beyond the seas in his travels, that are wanting here? are not our Juries and Jurie-men sufficiently known before hand, who shall be upon this, and who upon that cause, that the parties concerned might apply themselves to them by great letters and gifts, to make them sensible? what a horrible Edition: current; Page: [7-171b] defect is this, and it seems would be perfectly supplied by such Judges as he fancies; then indeed they might be rightly qualified to judg, as should be best for their own and their Patrons advantage: And truly, in this way sure he ayms to be a Judg himself, and no doubt would soon come to have a feeling of the Cause; but if he do, I hope his itch will not yet be cured, and that he shall scratch where it doth not itch, first, as he hath done formerly; though now provender prick him to spur-gal his Country, as now he doth.

For yet again he sticks them in the sides, with this; That, Most commonly, one or two active and nimble-pated men over-sway all the rest of the Jury; and too often for the worst: which is his 4th Objection. But truly, with us in England, our nimble-pated men are not in so great credit, as possibly they are in other parts, we are generally of somewhat a more dullish complexion, which renders most so considerate as to suspect those few nimble-pated men as are amongst us; and for the most part not without cause: so as the nimble-pated seldom carry anything, except they have reason and equity of their side, and then the more they sway therewith the better: And those dull men (as he accounts them now it serve his turn) were he to deal with them in buying, selling, letting or setting, I beleeve he would not think them so easily caught with Chaff or Nut-shels: Nor is right and wrong so difficult to be discerned in Causes and Controversies, but that an ordinary capacity (careful to keep a good conscience, and that is tender of an oath) shall soon perceive the true state thereof; and be able to do right therein according to evidence: Nor will this nimble-pated Mr Robinson with all his quickness of wit, be able to make this (the most desperat project he ever undertook, or was ever offered at in England) pass for currant Coyn with our dullest apprehensions; and in time may be made to know, that none are so apt to mistakes as the quick-sighted; nor any so sottish, as those that are conceiptedly wise.

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Another gird he gives Our good men and true, is; That, Though never so many of them dissent in judgment from the rest, they must notwithstanding all concur in the Verdict, or be wearied into it; which is his 5th Objection: And truly (how strong soever he beleeves it) nothing in my opinion is more commendable in the institution of Juries, than the provision that all must agree, and agree necessarily and finally in so short a time; for should it rest on a major part, there might be some won for partiality, and some won for complaint in the parties against whom the Verdict is given; and some cause of quarrel ever after amongst the Jury-men themselves: but in that all 12 must be agreed, all these mischievous inconveniences are manifestly to be avoided; and in that it is provided that they must make an end before they shall either eat or drink, it supposeth (what is said before) that right and wrong are not hard to be discerned, and that those that are convinced of the truth and yet desire to carry it otherwise, wanting that strength of a good conscience, to bear them out in such a strait of time, will yeeld to the truth rather than die in it; which those that labour to keep a good conscience, even dare to die: besides, had they further time, what means would be un-assayed to corrupt their Verdict? So as all things justly considered, doubtless it is the best provision that ever was in the world.

But he hunts farther to finde matter against them, and hath found; That if they give corrupt or erroneous Verdict, there cannot justly be any penalty inflicted on them, because they may pretend, they did at first declare themselves unfit for such employment; that they undertook it not willingly, but were compelled thereunto: This is a long-winded Objection. But (if any part of it were true, as I do not see it is) may they not justly be unfit for a corrupt Verdict? what a vast difference is there in judgment between our forefathers and some of their white sons? They no doubt, in the time of the institution of Juries, fore-saw as much as this man objects, and yet provide the most heavie Edition: current; Page: [7-172b] and reproachful punishment for a false Verdict, found per Attaint, as ever the wit of man devised; As, that every one of their Houses should be razed to the ground, their Trees stockt up by the roots, and all their Ground turn’d up and made useless, &c.

And all this justly too, as being fully convinced, it could not be, except it were wilfully and wickedly done, and deserving to bee made exemplary; and is so good a provision against corruption, that very seldom hath such a case befaln: but either men have had consciences for right, or have been deterred from daring to be confederates in so high a wrong, as to give a false or corrupt Verdict; as knowing it in vain to say in excuse, as this man goes on: That they undertook it unwillingly, and were compelled thereunto; and when they saw there was no avoiding it, they endeavoured to proceed therein according to the uprightness of their Consciences, if they be thought to have done amiss, it was but what they could not remedy, and are heartly sorry for it. Such Childish toyes, as fitter for Children than men, were of no value with them; and therefore supposing every man, a Man, and bound to serve his Country in any place as he shall be lawfully called thereunto (willing or unwilling) and to discharge his trust judiciously and faithfully, or to suffer for it.

His last Objection is; That, The keeping the Jury without Fire-light, Bread, or Drink, as the Law requires, may possibly make the major part of them, if not all, agree upon a Verdict contrary to their Consciences, to be freed from any of these exigencies; at least, some of them to strike up with the rest in a joint-Verdict, since it is well near impossible for twelve men, all circumstances considered, much more in a doubtful case, to bee of one opinion; and though the case were never so clear, yet one peremptory man of a strong constitution, whether his judgment be right or wrong, may sterve all the rest, unless they will give Verdict as he will have them. Certainly, he thinks most men of such a Edition: current; Page: [7-173a] kinde of tenderness in conscience, as soon is crackt a sunder; beleeve it Sir, a true English conscience is of more solid stuff, and will endure every one of these, yea death it self, rather then be so base and unworthy; and certainly, but from unworthiness could not be supposed: For if a man were but resolved how base a thing it were so to do, how could he once think of striking up with the rest, in a joint false Verdict (conscience in this case being more powerful then the strongest constitutions?) And as for any absurdity in their being kept without fire-light, &c. it supposes that they have had time enough at the Trial (or might have had) to be fully satisfied from the examination of the Witnesses, in the right state of the Cause; which then they are to look to, and to clear all their scruples by what questions they please, and well to understand themselves and one another before they discharge the Witnesses or go together: And this standing for good, what cause is there they should have any longer time then is admitted them? Except to to make them liable to corruption.

For my part, I have heard many discourses touching Juries, but never any material exception against the way of Trials by them: Indeed I have heard divers complain and wonder, that the way of proceeding before Causes come to Juries, should be so tedious, so full of charge, trouble, and perplexity; since in their accompt, there is very little more requisite in any Cause, but a convenient time for preparation and appearance, as about a Month or two; and then one chief Officer (a Judg or the like) Witnesses, and a Jury, and time for Trial, and so an end: A dispatch as speedy, with less charge, and more certainty, than any new thing proposed by this new Inventor; most of the accustomed pleading, serving rather to perplex then clear the Cause to the understanding of the Jury: Which ocasioned that at a certain Trial (time was) after the state of the Cause was set forth in the Declaration (the Councel beginning to speak) the Foreman of the Jury, cals to the Judg and tels him, he had an Edition: current; Page: [7-173b] humble suit to his Lordship; well (says the Judg) what is it? My Lord (said he) it is, that now the state of the Cause hath been set forth, we may proceed immedily to the examination of Witnesses, and so to give our Verdict, whil’st we remember what is material, and that we may spare the labour of these Gentlemen the Councel on both sides, whom I see are prepared to speak largely thereunto; for truly (my Lord) if they shall fall to work as they use to do, our understandings will be so confounded by their long discourses, and many niceties, as we shall not be able so rightly to judge thereof as now we shall, this was his humble motion; but the Judg having formerly been a Pleader, laught at the honest man, and so did all the Court, except some plain people that had so little understanding as to think there was reason in it. But such was the sport of those times, and perhaps may make some merry now, but yet they may consider that mocking is catching, and that laughter oft ends in Lachrymæ. ’Tis but a story, yet a true one, and may one day be acted to the life, and with a general applause, so it be well and throughly done: And do this man what he can, the many good mens lives and estates, that have been preserved by Juries, will never be forgotten whil’st England is England; and wherein I deem my self so much concerned, as in gratitude I justly owe my Country this service; but have done it gently, as judging gentle Correction to be the best; and the rather, because the Objector is of my acquaintance, which made me indeed unwilling to undertake him, lest it might be deemed disagreeable to friendship; but seeing no body else did, and since he knew my minde to be against his Propositions, and much more against his endeavour to deprive us of our Juries, and yet would publish them, to the prejudice of Common Right, (against which in all his writings he hath uttered most irradicating expressions) I take it, this Word of Correction is properly bestowed on him; and I hope profitably for the Common-wealth, having indeed Edition: current; Page: [7-174] been born withall too long: for whil’st the Husbandmen sleep, envious men will be sowing their Tares.

To Correct all the rest of the errours in his little Treatise, were an endless labour; nor will this my present labour (I hope) be absolutly needful, for certainly Juries cannot in time of Parliament be in any danger; and then, they standing, his project fals: Only I thought it necessary to appear a friend to this my Countries principal liberty, when any one should adventure to appear so palpable an enemy; wishing with all my heart, that hee may consider the nature of what he hath done, remembring, that as there was a Law (amongst the Locrines I take it) that he that moved to have any new Law established, should appear as if he were going to Execution, and if that he moved were not approved, he was indeed to suffer: Even so among us, there is a Law called the Excomengement, wherein all are accursed, that shall move for any Law to be made, contrary to our ancient Rights; and to subvert the Fundamental Law, hath been always adjudged a capital offence; and though with help of a little Fasting spittle, a man may play with Quicksilver, yet ’tis a fond thing to take fire into ones bosom, and venture upon a charm only to keep it from burning. It were much better to pray unto God to give no more wit, nor strength, nor power, than men have good consciences to make a right use of, to his glory, and their spiritual good: Which is and shall be ever, the hearty prayer of

William Walwin.

FINIS.

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28 January 1652

11.

7.11 Several Hands, The Onely Right Rule (28 January 1652).

Editor’s Introduction

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TO HIS EXCELLENCY THE L. Generall Cromwell, AND The rest of the Councell of the Army OF THE Commonwealth of England;

The humble and faithfull advice of divers affectionate Friends to the Parliament, Army and Commonwealth of England.

HEaring of your especiall meetings in Councell in order to the setling of the Nation in Peace and Freedome, as persons alwayes ingaged with you in affection and indeavours to the same just ends, and alike concerned in the issue and successe thereof; and knowing by sad experience how prone the wisest have been to mistakings in affairs of this nature, we have deemed our selves bound in conscience to contribute what we conceive requisite, or may be of use for the steering of your course aright, and for the avoyding of those rocks upon which many have fallen for want of due and timely consideration: which cannot be avoided but by a cleare knowledge of the Fundamentall Lawes and Liberties of England, and by a firm resolution to restore every of them without partiality unto their primitive power and efficacy throughout the Land; notwithstanding any corrupt interest, built upon their ruines or abuses.

So that waving all things of innovation (let pretences be never Edition: current; Page: [7-177a] so specious) the first thing necessary to the work you have undertaken, is to satisfie your understandings, what are those Fundamentall Lawes and Liberties, and in the next place by all lawfull means to endeavour their restauration. For, as you once well argued, you are not a mercenary Army, hired to serve any arbitrary power of State (such was the late Kings Army, fighting against the Fundamentall Lawes, to erect his will or corrupt Lawes by former Kings procured subservient to will and power) but called forth and conjured by the severall Declarations of Parliament to the defence of your own and the Peoples just Rights and Liberties, which our Ancestours of famous memory have endeavoured to preserve with the price of their bloud, and you by that, and the late bloud of your deare friends and fellow-souldiers (with the hazard of your own) do now lay claime to; these are your own reasonings when first you disputed the Authority of Parliament, they having first declined the Fundamentall Lawes, which was the onely just ground of declining them.

And as you rightly understood, that being no mercenary Army, but called forth to the defence of your own and the Peoples just Rights and Liberties, you were not bound to obey commands, though of a Parliament, contrary to the Fundamentall Lawes, so much more now are you to understand, That of any men in the world it would worst become you, to be either advisers or procurers of other things then those very true ancient fundamentall Rights and Liberties.

And you see likewise, that notwithstanding the many professions and Protestations of this Army, to maintain the Fundamentall Lawes and Liberties of this Nation, it yet remains under a greater degree of bondage, and fuller of just complaints then ever, because you have slackened your zeale, and there hath not been that diligent perseverance in all lawfull indeavours until their plenary restauration and firm establishment: Your study ought not to be like Conquerors, to make things new, or innovate upon the Fundamentall Lawes (that never-failing means of trouble and confusion) but to cleare them from those many incroachments, violations and abuses both upon the Lawes themselves, and the execution of them, which have almost rendred them of no benefit, and full of vexation to the people of this Nation.

You may please to observe, it is not the being of a Parliament Edition: current; Page: [7-177b] that makes the Nation happy, but their maintaining of the fundamentall Rights and Liberties, nor that in words onely and Declarations, but in the reall and effectual establishment of them; and when they either neglect those, or set up other things contrary, or oppose the establishing of them, they prove themselves enemies, and reduce this Nation into a condition of bondage.

Be pleased to review your Remonstrances and Declarations which in all parts of them have held forth the clearing, setling and securing of the Rights, Liberties, and peace of the Nation, the only justifiable end of all your publique motions and endeavours, appealing to the whole Nation, to the world, and to Almighty God, for the justnesse, reasonablenesse, and common concernment of your desires and intentions therein, yea so wisely carefull were ye over the common Rights and Liberties of the people, and of their safety, that you proposed that in things clearly destructive to those Rights, there might be for the future a liberty for dissenting Members in the Parliament to enter their dissent, and thereby to acquit themselves from the guilt or blame of what evills might ensue, that so the people might regularly come to know who they are that performe their trust faithfully, and who not, an argument amongst others then urged by the Army, importing the greatest zeal and sincerity, to the restoring of the Fundamentall Lawes, that could possibly be expressed.

Nor is there (as we verily believe) any just objection, that should stagger you in perseverance accordingly, although we cannot deny, but that all the old and new Sophisms and delusive arguments devised by corrupt interests, in defence of themselves against the Fundamentall Lawes and Liberties of the people, have been so diligently blown abroad, that we find they have captivated many good mens understandings, and are ready and uppermost almost in all discourses, urging that if you now endeavour the restauration of the antient Fundamentall Lawes and Liberties of England, you seek to re-edifie the things you have thrown down, as Kingly government, which the Parliament, not without sufficient grounds, voted to be uselesse, burthensome, and dangerous; for what, say they, hath been more antient in England, unto which even by the very Lawes were annexed large revenues, and extraordinary trusts, as the Militia, and the like? what more antient authority then the House of Lords, which by the very Lawes of England Edition: current; Page: [7-178a] had Jurisdiction in appeals after Judgement, and both Kings and Peers ever esteemed an essential part of Parliaments; the Bishops likewise of long continuance, and very many Lawes extant in favour of them.

But as truth is more antient then error, and righteousnesse was before sinne, though error and sinne have much to say for their antiquity, so is it answered in these and the like cases; though Kings, and Lords, and Bishops have been of long continuance, and have procured many Laws to be made in severall times, by Parliaments in favour of them, yet upon due examination it will appear, that they are not of Fundamentall Institution, no more then many other corrupt interests, yet extant, which time after time have one made way for another, untill at length they got the sway of all things, sate themselves upmost in all places, oft times filled the seats in Parliament, and then made Lawes in favour of themselves, and each others interest, and in subversion of the Fundamentall Lawes, endeavouring all they could utterly to root them up, and to boot the knowledge of them out of all remembrance.

And therefore to find out what are truly Fundamentall Institutions, you may please to look beyond Kings, and as you passe them, you will perceive that their originall was either by force from without, or from confederacy within the Land, that of their confederates they made Lords and Masters over the people, created offices, and made their creatures officers for life, whereas the true mark of a Fundamentall Institution is only one years continuance in an office, by which mark it is evident, that neither Kings nor House of Lords are of Fundamentall Institution, all true Fundamentall Institutions ordaining election to every office, which is another mark, and that by the Inhabitants of the place where the office is to be exercised; and another speciall mark is, that the main scope and intent of the office and businesse thereof, is of equall concernment to the generall good of all the people, and not pointed to make men great, wealthy and powerfull, all which undoubted marks exclude not only Kings, and Lords, and Bishops, but many other interests of men in this long enslaved and deluded Nation.

So that in removing these uselesse, burthensome and dangerous interests of Kings, Lords, and Bishops, no violence at all hath Edition: current; Page: [7-178b] been done to the Fundamentall Lawes and Liberties of England, but they are so farre cleared and secured from innovation, and many oppressions which attended them.

Nor is there ground for any to suppose, that in restoring the true antient fundamentall Rights of England, there will be a necessity of maintaining any the Courts in Westminster, or their tedious, burthensome or destructive way of proceeding in trial of Causes, both Chancery, and the rest being in all things (except the use of Juries) all of them of Regall institution except the Common Pleas, which is so also, as to its being seated in Westminster: These have sometimes been strengthened by Laws made in Parliaments, which were ever to give place to Fundamentals, being indeed null and void, wherein any particular they innovate upon, or are contrary unto then: All causes by the fundamentall Laws being to be decided and finally ended, past all appeal, in the Hundreds, or County Courts, where parties reside, or where the complaint is made by Juries, without more charge or time then is necessary, so that untill the Norman Conquest, the Nation never knew or felt the charge, trouble, or intanglements of Judges, Lawyers, Attorneys, Solicitors, Filors, and the rest of that sort of men, which get great estates by the too frequent ruines of industrious people, which is another mark to know that all such are not of fundamentall institution, but Regall, and erected for the increase and defence of that interest.

As for those defects which are many times observed in Juries, and some inconveniences which ensue in some cases under other fundamentall Constitutions; it is to be noted, that there is not perfection to be expected in any Government in this world, it being impossible for the wisest men that ever were to compose such Constitutions, as should in every case warrant a just event. Yet so carefull have our Forefathers been, that the Laws of England are as preventive of evill, and as effective for good, as any Laws in the world.

And for Juries, whatever just complaint lies against them, it doth not relate to the Constitution itselfe, (which Kings have often attempted to destroy, as the main fortresse of the peoples liberty) but against such abuses, in the packing and framing of Juries, in their bypassing or over-awing, by the servile and partiall Officers about the Courts, by the Kings Sheriff, or under-Sheriff, and Edition: current; Page: [7-179a] other, by-wayes, that others have found out; all which abuses are matters of just complaint, and require rectification, and ought not to be made use of as a ground of Innovation, or an argument against your fundamentall Constitution.

Others there are, who finding the great importance of Juries to preserve the people’s Liberties, and that through the sense that the people have thereof, it will be but a vain thing to attempt the totall taking them away, have invented a stratagem that will render them instead of being a fountain of equall Justice to the people, the means only of advancing the rich, and an awe upon the middle and meaner sort of men, which they would do upon the common pretence of Prerogative, that onely men of estate and quality ought to be entrusted with the determination and decision of causes, and therefore have contrived that such only as are worth one hundred mark per annum, should be capable of being chosen Jury men, which if obtained, we cannot from thence but make these conclusions.

1. That the Fundamentall Constitution is thereby violated, which gives equall respect to all men, paying Scot and Lot in the places they inhabit.

2. By the same liberty they alter the Constitution in this particular at this time, they may at another time totally take it away.

3. That it is a policy agreeable to that of Kings, in reducing the power of Judgement into the hands of a few, and the rich, who may with much more ease be corrupted, then the generality: It being also a bringing of this Nation to the condition of the French, and making it consist only of Gentleman and Pesants.

You may be pleas’d in the next place to consider the particular of Pressing, or forcing men to serve in the warres against their consents, then which nothing is more contrary to fundamentall liberty; the King did alwayes make use of it, and such abroad, whose government has not that goodnesse and freedome in it, as to invite men voluntarily to its defence; a good government cannot need it, since in that it would be the interest of every man to hazard his life and fortunes for its conservation, and therefore we desire that this antient liberty may be tenderly preserved.

For Tythes, they may (we conceive) be taken away, without Edition: current; Page: [7-179b] violence to any fundamentall Law; the institution thereof being Popish at first, and partly Regall, afterwards changed solely into the Regal Interest, to maintain a numerous sort of ble Sophisters, under pretence of being Ministers of Christ (which they were not) having no qualifications agreeable unto those which were so indeed, to preach up the Regall Interest with their own: Fundamentall institution imposeth no charge upon the people, but for maintenance of the impotent and poor, or for such as are restrained untill time of triall for want of Sureties: All which the Neigabourhood is to levy, or for publique defence against enemies, which is referred by Fundamentall Constitution unto annual chosen Trustees in the Grand Councell of the people, called from the Norman Parliament, upon whom the continued labours and policies of the Conquerors successors have had great influence, by whose endeavours this burthen of Tythes came to have the colour of Law set upon it, though in this, as in all things els, Parliament Law was ever to give way to Fundamentall, being null and void in it selfe, where it innovates upon the antient Rights of the people, and hath been so acknowledged, enacted, and declared by most Parliaments; of so Supreme Authority in this Nation have fundamentalls ever beene, whereof Annuall new elected Parliaments is one and a chiefe, being instituted for preservation, and not for destruction of fundamentalls, for then it might null Parliaments themselves, which could never be within the trust of Parliaments.

But yet so unhappy have Parliaments been in most times since the Conquest, that waving their care of the fundamentall Liberties of the Nation, they have so multiplied Laws upon Laws to their prejudice, that the whole voluminous bulk of the book of Statutes serves but as a witnesse of their defection, and of the prevalence of the Regall interest and his adherents; of which deviation from their rule (the Fundamentall Law) not any one thing is more remarkably pernicious to industrious people, then this of tythes, or inforced maintenance for Ministers, or any other sort of men, except such as are afore-mentioned; so that tythes being utterly abolished, the people are delivered from a most heavy and grinding oppression, and therein restored to Fundamentall Liberty.

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And as for those Laws which have been, touching mens Judgements, opinions and practise in matters of Religion, with the proceedings thereupon, and punishments annexed, there is no ground at all for them, the Fundamentall Law of England being as free and clear from any such persecuting spirit, as the Word of God is; questioning none, nor permitting that they should be questioned, or otherwise molested, much lesse punished, but for such things only, as whereby some other person is injured, in person, goods, or good name, or in wife, children, or servant, and therein also it provides, that none be tortured upon any occasion whatsoever, and that no lesse then two lawfull Witnesses are sufficient to prove every fact: Also, that where any accused person can procure Sureties, there be no restraint of the body in prison; what is in common practise contrary hereunto, hath been innovated contrary to Fundamentall Right, and may lawfully be reformed and reduced to its originall state again, and thereby also the people restored to antient right therein, and freed from abundance of mischief and inconvenience.

And so extremely doth the Fundamentall Constitutions of England regard true freedome, that it allows of Bail in any case, without exception, where it can be obtained, and admits no imprisonment of the persons of any for debt, choosing rather that one man should suffer in his estate, then that the bodies of men and women should be, as it were, buried alive in goales and prisons, as thousands have been, and still are, to the hearts grief of all tender hearted people.

But then the fundamental Law provides, that where there is any estate, there satisfaction is to be made, as far as it will reach, leaving still some necessaries for life, otherwise it were more grievous for poor debtors, then for many sorts of wilfull malefactors; for however the present practise is, and long hath been, by the fundamentall Law, the estate even of a capital offender that suffers death for his offence, is not forfeited, but descends to his family, as other mens, after satisfaction made to the parties damnified: These forfeitures no doubt have been the principall cause that many an innocent mans life hath been unjustly taken away, and many a worthy honestman come to be burn’d in the hand; and however Parliaments have been drawn in to countenance such practises, it was the invention of Kings to turn families upside down at pleasure, for to them Edition: current; Page: [7-180b] their forfeitures went, and they gave them to their creatures and Sickovants, so that here you see is work enough for a well-minded Parliament to remove these evills, and to restore our rights in these and many other grand particulars, without interchanging or innovating upon the true Law of England.

The most unreasonable descent of inheritances to the eldest sonne onely, is also no part of the Fundamentall Law, but quite contrary thereunto, that honestly and conscionably provided, that all inheritances should discend to all the children alike, chusing rather that some ill-deserving children should have where they deserve not, then that it should be at the will of parents, or in the power of the Law, to expose many to such inconveniences, and destructive courses, which younger brothers for the most part hath been cast upon: Divers other branches there are of the Fundamentall Law, as is that concerning Juries, the Liberty of Exception against thirty five, without shewing cause, and of as many more as cause can be justly alledged against, untill the party doth evidently see an indifferency in his Tryers, As also to admit no examination of any against themselves, nor punishment for refusing to answer to questions, Nor conviction without two lawful Witnesses at the least; and that it is the duty of the Officer of the Court to declare to every person these his Rights, and to bring them to remembrance, if neglected to be demanded; all this shewes that the Fundamentall Law of England is a Law of Wisdome, Justice and much mercy, such as God will blesse, chosing in all cases rather that some guilty persons should sometimes escape, then that one innocent person should causlesly be condemned.

And whereas it hath beene supposed, that the punishment of theft by death is fundamentall, it is a meer mistake, it, as most other like things, being an innovation, and no way tending to the lessening of offenders, but rather to their encrease, and indeed necessitating, or strongly tempting every one that robs, to murther also: For as the practise long time hath been, one witnesse even of the party himself that is robbed sufficeth for proof, and casts the thief for his life, what way then is more safe for the thief, then to murther whom he robs, to prevent his testimony against his life, seeing he dies, if proved a thief, and can do no more if proved a murtherer? Besides, when the Fundamentall Constitution was in force, it punished offenders according to the nature of their theft, Edition: current; Page: [7-181a] some by pecuniary inulcts, others by corporall punishments, with laborious workings and open shame, at which time it is testified, that a man with much money, or moneys worth, might have travelled in safety all over England with but a white riband in his hand; besides, the Law of death for theft is many times the means why robbers escape, for that many good and tender-hearted people, either upon the consideration above-mentioned, decline prosecution, because if they should prosecute, they must either sweare falsly, and undervalue what they lost, or take away life, where in conscience they judge they ought not; all which would not be, were the punishment proportioned to the offence, as in the Fundamentall Law it is.

As much likewise may be said concerning the servile tenures of Copyholds, how long soever they have been, they are the slavish remains of conquest, inconsistent with true freedome, or the Fundamentall Law of England, and may, and as the rest forenamed, ought to be reduced to the true state of antient right, and the people thereby freed from abundance of torment, and vexation of Spirit.

All Monopolies at home, and all restraint of trade abroad to distinct companies of men, are all opposite to the antient rights of the people, and may justly be reduced to a universall freedome to every Englishman, which will make trade in time to flourish, and wealth and plenty of all necessaries to abound, especially if the way of raising money by custome and Excize were laid aside, being utterly destructive to trade, and rendring the lives of tradesmen tedious and irksome to them, and hath no consistence with Fundamentall right; for according to that rule, no imposition ought to be laid upon trade, but what moneys are at any time found needfull by Parliament, ought to be levied by way of Subsidy, or an equall proportion upon all mens estates, reall and personall, in which course the whole, within two pence or three pence in the pound, is brought into the publike treasury, whereas in the other way, vast sums go to the maintenance of Officers, so as you perceive in this and all other particulars hitherto recited, the most antient right is not only due, but most for the ease and good of the people, you may perceive by what hath been expressed what are our antient rights, and what, how many, and how great have been our almost as antient wrongs and oppressions.

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Some of our antient rights remain alive to this day, as Parliaments and Juries, the first of which ought annually to be chosen, which annuall choice hath for many years been intermitted, and that inherent right withheld, which should have some special thing for its excuse, and happy were the people, and doubtlesse happy would it be for this present Parliament also, that it may truly be said they held the Parliamentary power so long, that they might restore the people to their antient native rights, the Fundamentall Laws, to their full force and power, for which end it was, as you declared, that you reserved these, when you excluded the rest; and therefore surely in this and many more respects you are obliged to persevere in putting them in mind thereof, and if you find that they are not able to agree in the performance of this, the proper work of Parliaments then to move them in some short time, to order a new Parliament to be chosen, that they may take place of them, it being in no wise safe for the Parliament to dissolve, untill the new immediately ready to sit when they rise; nor would we for any thing in the world, that Parliaments should be accustomed to be forced, nothing being of more dangerous consequence to Government it self.

Which endeavours and desires we shall be ready to second you in, and we trust you will not omit to do it by way of Petition with all possible speed, that the desires of good men may be satisfied, in seeing this Parliament yet honour themselves, and blesse the Nation with the proper fruit of their so many years labour, hardship and misery, the re-injoyment of their birth-right; Or if that cannot be obtained, you and your friends desiring it, they will not defer to give up their trust into the hands of another Parliament, which when you understand, we shall then desire you to acquaint the people what their antient rights are, and how and by what interests of men they have been withheld from them, that so they may at length beware, and not chuse such men to make them free, whose interest, advantage, and way of living, binds to keep them in perpetuall bondage: And to inform them likewise, that it is not Statute Law, nor the opinion of Judges, and book-cases, not the Prerogative of Princes, Lords, and great ones, nor any thing but their Fundamentall Rights that can render them free or happy, and to perswade them no longer to give ear to such charming as hath been to their bondage and misery: And that you will be as strongly provided against all motions of Innovation, as against the worst of enemies, Edition: current; Page: [7-182a] though they should assail you with seeming arguments from Scripture, the Scripture giving no particular rules for the Government of Nations, the Government of the Israelites being only intended for them, and either binds not, or els it binds in all and every part; so as those who require tythes by that Law, or punish some offences according to that Law, are bound also to circumcise, and to offer Sacrifice, and indeed to fulfill the whole Law, none having power to make choice of one part, and refuse another.

If they urge from the Gospell, that indeed gives most blessed rules for faith and conversation, but as to Government, it is apparant from those words of our Saviour, (who made me a divider of inheritances) that the Gospel intends not so much earthly, as heavenly things; but both old and new Covenants agree in this, that all just agreements and contracts amongst men, (such are our Fundamentall Lawes) ought inviolably to be kept and observed.

The sense of the Law of God is cleare in this, that it is a cursed thing to remove the land-marks of forefathers; nor are any more highly approved of by God himself then the Rechabites, for walking stedfastly in the laws and constitutions of their forefathers.

Nor can any thing be more destructive to Government or humane Society, then for men to admit that they are not obliged to observe the Fundamentall just Institutions of the countrey wherein they were born, there being nothing that tendeth so readily to the shaking of a well-bounded society of men into anarchy and confusion: For, what is it that gives any man propriety in what he hath but Fundamentall Law? What is it els that defends propriety, but Fundamentall Legall Power? Why have you, and we, and thousands more so cried out upon such as pretended a Prerogative above Fundamentall Law, and above Parliaments, but that it was in subversion thereof? Why did our Forefathers and all their posterity, down to our selves, so heavily complain against the with-holding of Parliaments, and against triall of Causes by any other way but by Juries, but that they are both Fundamentall? Why was it alwayes noted as a mark of regall prevalencie in Parliaments when any thing passed there contrary to those ancient Rules? Why upon all complaints of oppression are the amendments alwayes made by that Rule, as that when Parliaments had been deferred, and complaint made, the remedy runs thus: For remedy of grievances and mischiefs which daily happen, a Parliament shall be chosen once every Edition: current; Page: [7-182b] yeare according to Law: where it is evident, the Law was more ancient then the Act of Parliament or amendment.

Also after abuse and innovation in triall of Causes the amendment comes and sayes, That no man shall be attached, fined, imprisoned, exiled or deprived of life, limb, liberty or estate, but by Iuries, according to the Law of the Land: Which shewes the Fundamentall Law to have been time out of mind before Magna Charta or any Statute Law. Why when after judgment in the legall Courts, the Chancery and Parliament had taken cognizance of the same Causes by way of appeale, doth the amendment come and say, henceforth after judgment in the legall Courts the parties shall be in quiet and free from being called either into Chancery or into Parliament, according to the Law of the Land, but in respect to the supremacy of Fundamentalls? Why were Petitioners in former times so carefull not to insert the least syllable contrary to the Fundamentall Law, but that they knew Parliaments were chiefly ordained for their preservation? And it will not be throughly well in England, till Parliaments make answer to Petitioners according to the Rule of the Fundamentall Law. The late Worcestershire Petitioners for Tythes may then know what they may justly expect from them, viz. that they are at liberty either to give or pay tythes, or any other proportion of their incombs, to such whom they will contract with for their labours in teaching divine things, or any other kind of learning, but those that approve not of paying, are not to be enforced; and thus in all things are the English free, wherein their neighbour is not violated.

Had this rule been observed of late years, it had e’re this stopt the mouths of many Petitioners, and begot a better understanding amongst the people, who have been shattered into shivers for want of this principle to unite them, every man stirring and contending as for life for his own opinion; one will have the Parliament do this, another that; others gathering themselves together in knots, and boasting how many hands they had to their petition; a second sort of men to theirs, and so of the rest, how many friends they had in the House for this thing, how many for that; and thus like the builders of Babel, they have been devided for want of knowledge, and fixednesse in and upon the Fundamentalls, which only can give rest to the spirits of the English, the goodnesse whereof having Edition: current; Page: [7-183a] been once tasted, would soon beget a reconcilement; and doubtlesse this way or none must come the true and lasting peace amongst our selves, and by this means only can we ever be made considerable, either against obstinate corrupt interest at home, or against foraign pretenders and enemies abroad, who otherwise observing us to be a floating unbalanced people, and consequently divided and subdivided within our selves, will never cease to disturb this Nation; whereas were we once again bound and knit together with this just and pleasant ligament of fundamentall Law, divide and reign, would not be so frequent in their vanquisht mouths, which indeed is the main ground of the hopes.

Consider we beseech you, how uncertain the rule of prudence and discretion is amongst the wisest and best of men, how unstable that people were that should be every year to make their Laws, or to stablish them, have we not found the Proverb verified, So many men, so many minds; this thing voted by one sort of men as most just and necessary, yea mens estates, and lives, and consciences cast upon it, and those the best of men, when in short time after the same voted down as most unjust and pernicious; infinite instances of this kind we doubt not will come to your remembrance, and therefore not without good cause have our Predecessors given such dear respect to their Fundamentall Rights, that unlesse mens understandings were even bewitched with the sallaries of corrupt interest, they would choose rather to lose their lives, then to part with one of them, esteeming every man, though born in England, no more a true Englishman, then as he maintained the Fundamentall Liberties of his Country.

To conclude, none ever yet denied that we had Fundamentall standing Laws, and such as against which no Statute Law ought to be obeyed; but endeavours you will find have been in all ages for powers to establish themselves, and govern by discretion, upon a pretence of more easie and speedy dispatch of justice, as the late King did, when he by power brake up the short Parliament; before this, he publikely declared, that he and his Lords would with more speed and better justice redresse the grievances of the people, then the Parliament could do.

And though this hath been a disease incident to the strongest to give Laws and inforce them upon the people, yet as it is manifestly against the Fundamentall Rights of the people of England, which Edition: current; Page: [7-183b] you have professedly fought to restore, and not to destroy, having conquered their enemies, not their friends, so have you by Declarations laid grounds against such temptations; and as abhorring all such wicked and unjust intentions, would not have any entertain any such suspition of you; we have very great hopes, that as you will carefully preserve your hands, your strength, and power from being defiled, by imposing Innovations, or continuing such as have been brought upon us, or yet by being instrumentall to such as would, so we trust, and earnestly intreat that you would lay the premises to heart, and by wisdome and perseverance, procure the antient good Laws of England to be re-established amongst us, they being so just, so mercifull, so preservative to all peaceable minded people, so unburthensome to the industrious, so opposite to all self-interest so corrective of any manner of wrong, so quick in dispatching, so equall in the means, so righteous in their judgements, proportioning punishments to offenders, so tender of the innocent, so consonant to right reason, and having no disproportion to all true Christian doctrine, that the goodnesse of them, as well as because they are the tyes, the Bonds and Ligaments of the people, and both your and our Rights and chiefe inheritance, we trust will cause you, like the true sons of your worthy and valiant Ancestor, to be enamored of them, and to be now much more of the same mind, then when you professed that you esteemed neither life nor livelyhood, nor your neerest relations, a price sufficient to the purchase of so rich a blessing, that you, and all the free-borne people of England might sit down in quiet, under the glorious administration of justice and righteousnesse, and in full possession of those Fundamentall Rights and Liberties, without which we cannot be secure of any comfort of life, or so much as life it self, but at the pleasure of some men, ruling meerly according to will and power.

And may the integrity of your hearts so appear in all your actions, as may render you well-pleasing in the sight of God, who hath registred all your Vows (of freeing this Nation from all kinds of bondages) in the dayes of your distresse: Keep therefore your hearts faithfull; As Moses, who when he was to lead the Israelites out of Ægypt, would not leave a hoof in bondage: and in so doing onely, will you be the rejoycing of this Nation to all generations.

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13 February, 1652

12.

7.12 Anon., A Declaration of the Commoners of England (13 February, 1652).

Editor’s Introduction

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A Declaration of the Commoners of England to his Excellency the Lord General Cromwel.

THe Government of a common-wealth is the uniting of the people of a Nation into one heart and mind; And blessed is that People, whose Earthly Government is the Law of common Righteousness. When Israel was under a common-wealths Government, they were a terror to all Oppressing Kings in all Nations of the World; and so will England be, if this righteous Law become our Governor: But when the Officers of Israel began to be covetous and proud, they made a breach; and then the Government was altered, and fell into the hand of Kings like other Nations, and then they fled before their Enemies and were scattered. But if we look upon the customs of the Law it self, it is the same it was in the Kings dayes, onely the name is alter’d; as if the Commoners of England had paid their Taxes, Free-quarter, and shed their bloud, not to reform, but to baptize the Law into a new name, Edition: current; Page: [7-186a] from Kingly Law, to State Law; by reason whereof the spirit of discontent is strengthned, to increase more Suits of Law, then formerly was known to be And so as the Sword pulls down Kingly power with one hand, the Kings old Law builds up Monarchy with the other.

And whereas if an Army be raised to cast out Kingly oppression, and if the Heads of that Army promise a Commonwealths freedom to the oppressed people, if in case they will assist with person and purse; and if the people do assist, and prevail over the Tyrant, those Officers are bound by the Law of Justice (who is God) to make good their Engagements: And if they do not set the Land free from the branches of the Kingly oppression, but reserve some part of the Kingly power to advance their own particular Interest, whereby some of their friends are left under as great slavery to them, as they were under the Kings; Those Officers are not faithful Commonwealths souldiers, they are worse Tyrant and Thieves then the King they cast out; and that honor they seemed to get by their Victories over the Common wealths Oppressor they lose again, by breaking promise and engagement to their opressed friends who did assist them. For what difference is there between a professed Tyrant, that declares himself a Tyrant in words, laws and deeds, as all Conquirors do, and him who promises to free me from the power of the Tyrant if I’le assist him; and when I have spent my estate and bloud, and expect my bargain by his Engagements to me, he sits himself down in the Tyrants chair, and takes the possession of the Land to himself, and calls it his, and none of mine, and tells me he cannot in conscience let me enjoy the freedom of the Earth with him, because it is another mans right?

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Such a souldier as this Engagement-breaker is neither a friend to the Creation; nor to a particular Commonwealth, but a self-lover, and a hypocrite; for he did not fight to set the Earth free from the bondage of the Oppressor, as he pretended by his Engagements; but to remove that power out of the others hand into his own. And this is just like the Beasts who fight for mastery and keeps it, not relieveing, but still Lording and Kinging over the weak. These are Monarchical souldiers, not Common-wealths souldiers; and such a souldier is a murderer, and his warfare is unlawfull. But souldiers of true noble spirits will help the work, and set the Oppressed free, and delight to see the Common-wealth flourish in freedom, as well as their own gardens.

There is none of this true Nobility in a Monarchical Army, for they are all self-lovers; the best is as a bryar, and the most upright amongst them is as a Thorn: speak your Prophets of old if this be not true.

A Monarchial Army lifts up Mountains, and makes vallies, viz. Advances Tyrants, end treads the Oppressed in the barren lanes of poverty.

But a Common-wealths Army is like John Baptist, who levels the Mountains to the Valleys, pulls down the Tyrant, and lifts up the Oppressed; and so makes way for the spirit of Peace and Freedom to come in to rule and inherit the Earth.

And by this which hath been spoken, an Army may see wherein they may do well, and wherein they may do hurt. Therefore you Army of Englands Commonwealth look to it; the Enemy could not beat you in the field, but they may be too hard for you by policy in Councel, if you do not stick close to see Common Freedom established.

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WHereas many of Our Privy Councel have with preposterous rigor, and unreasonable severity, endeavored to kindle and blow up those horrid flames, the sparks of Discontent, which want not the least of pre-disposed fewell for an absolute Rebellion; and like some Cyclopick Monsters, whom nothing will serve to eat and drink, but the flesh and bloud of Our own Subjects; in whose common welfare Our interest lies, as much as some mens doth in their perturbations: who think they cannot do well but in evil times; As for Our resigning up the Crown and Government to the Prince Palatine, We are cleerly of another Judgment; And truly it is the unfeigned Desire of Our Heart, to wear the Crown and Scepter no longer, then that His Glory may be Our End; and His Word Our Rule: And upon that Glorious Account We shall leave the successe of all to God, who hath many many wayes to teach Us those Rules of true Reason, and peaceable Wisdom, which is from above, tending most to God’s glory, and his Churches good; which we think Our Self so much the more bound in Conscience to attend with the most judicious zeal and care, by how much we esteem the Church above the State; the glory of Christ above Our own; and the salvation of mens souls above Edition: current; Page: [7-187b] the preservation of their Bodies and Estates.

Since the publishing of this Declaration, there hath been high Disputes amongst the Nobility; and some have declared for the King of Scots, desireing a contract of Marriage, the calling in of his person, the day prefixed, and the general Attributes thereof to be solemnly declared, throughout the cities of Heidelburgh, Switzaon, and other places: But others of the Nobility are resolved to the contrary: However her Majesty hath declared, that she desires nothing more then the free Vote, and reall Consent, of her People: touching which, many of the Nobility inclines to her Majesties gracious will and pleasure; but others again seem to be of a contrary judgment.

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And now the Commoners of England in this Age of the world are risen up in an Army, and have cast out that Invasion of the Duke of Normandy, and have won their Land and Liberties again by the Sword, if they do not suffer their Councels to be fool them into slavery again upon a new accompt. For if so be that Kingly Authority be set up in your Laws again, King CHARLES hath conquered you and your Posterity by policy and won the field of you, though you have seemingly cut off his head. For the strength of a King lies not in the visible appearance of his body, but in his Will, Laws, and Authority. But if you remove Kingly Government, and set up true and free Common-wealths Government, then you gain your Crown, and keep it, and leave peace to your Posterity.

FINIS.

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John Lilburne

Lilburne, John

March 1652

13.

7.13 John Lilburne, His letter to his dearly beloved wife (March 1652).

Editor’s Introduction

(Placeholder: Text will be added later.)

John Lilbvrne

Lilbvrne, John

March 1652.

Elisabeth Lilbvrne

Lilbvrne, Elisabeth

L. COLONEL IOHN LILBVRNE

His letter to his dearely beloved wife

Mrs. ELISABETH LILBVRNE,

March 1652.

Expressing the just reasons & grounds which have inforced him for the preservation of his deare LIFE, & more deare reputation; to apologize for himselfe unto the Netherlanders, by laying open the true state of his late Fine & Bannishment Eternal from his Native Countrie.

Whose adorneing, let it not be that outward of plateing the haire, & of wearing of gold, or of putting on of apparell, but the hidden man of the heart, in that which is not corruptible, of a meeke & quiet spirit, which is in the sight of God of great price. For after this manner in the old time, the holy women also who trusted in God adorned themselves, being in subjection unto their owne husbands, even as Sarah obeyed Abraham, calling him Lord, whose daughters ye are, as long as ye doe well, and are not afraid, with any amazement. 1. Peter. 3. 3, 4, 5, 6.

MY DEAREST HEART;

Thine of the 21 of February last, I yesterday received; which is all the letters I have had from thee or any of my friends (since I left England) in answer to anie of those scores of letters I have writ, And at the reading of thy said letter, I must confess unto thee, my spirit for some houers was not a little troubled, at some expressions therein, but recollecting my thoughts & seriously considering with my selfe, that it is never a fit time for me to fret against God, much less when sorrowes & afflictions are multipled upon me, but much more rather then, then at all other times, sweetly & patiently to see his fatherly & loveing chastiseing hand, in all his seeming frownes & outward tokens of his seemeing displeasure; & with meekenes & quietnes of spirit to stoop unto it, knowing verie well, that although from man I have not deserved in the least what is come upon mee; YET FROM GOD, by reason of those heart-errings & strayings of spirit, that hee in the strict eye of his Justice may behold in me, poor imperfect, fraile & weake man; I have deserved TEN-THOVSAND-TIMES more from him then has befallen me; yet by it, I hope in his owne due time, he will bring aboundance of glory to himselfe & cause a great deale of refinednes of spirit to accrue to me thereby. So that I shall have just cause administred from my good God to say unto him, as righteous & holy Job said of him; Hee knoweth the way that I take when he hath tried me, I shall come forth as gold, Iob. 23. 10. & if it be his pleasure to let this cross I am under to lie upon me, for the tryall of my faith & patience & sonne-like dependance upon him, his Good will & pleasure be done, for I must confess, should I after so much experience of his endeared & fatherly dealeing with me in sixe & seven former troubles, now faint in the day of my causeles daversitie (in reference to the spitefull earthly authours thereof) let it be never so high & great I should undoubtedly conclude against my selfe, with the wise Man in Proverbes the 24. & 10. that my strength were verie small.

And were I to speake unto thee, in the language of a mere rationall Man; and had I no interest at all, in the sweet & spirituall enjoyments of a divine communion with Edition: current; Page: [7-190a] God, to support & uphold my heart & spirit; yet in my opinion, I or any other person, is not worthy the name of a MAN INDEED, that is not so morally honest & just in his waies, that thereby he is inabled upon serious consideration with himselfe, to live aboue all earthly feares whatsoever & not to pine or storme, or spend the vitalls of his spirit, by fretting & chafeing at that which is beyond his power to helpe. But I must confess, thou art but a Woman & in that respect but the weaker vessel & therefore, I must rationaly allow thee the more graines of IMPERFECTION & WEAKENES & the rather at this time, because of thy being with child, which of it selfe alone without more sorrowes added thereunto, is many times to many Woemen, a burthen thorough paine great enough for them to beare.

But MY DEAREST LOVE, after this premised, let me rationally & in coole bloud expostulate a little with thee about thy letter; of which yet I am resolved to make the best interpretation that can possibly be made of it; for true love covers a multitude of infirmities.

And in the first place, thou sayest, comeing to LONDON from THEOBALDS about thy occasions, thou didst heare the Councel of State had heard from me & that I was very busie lookeing after a printing press, & that I spared not to speake my mind freely of the Parliament, the heareing of which with reading what thou hadst red in my letters (the date of which thou namest not) is no small addition of sorrow thou saiest to thy troubled state. & then; thou tellest me, that as yet they have not medled in Seazeing of mine Estate. & one askeing Sir ARTHVR HASILRIGE what he intended to doe about the fine the Parliament-house allotted me to pay unto him, he answered he would keepe the power in his owne hands & thou shouldst fare, thereafter as I behaved my selfe. & then thou fallest into a little harsh expostulateing with me & tellest me, thou knowest thy miserie & wellfare lies more in me then in them, & dost querie whether for easeing of my stomack, I will expose my poore children to beg; & biddest me, not for ever to be thy prosecutor, &c. And then in the post-script or addition to thy letter, thou namest me a friend of thine that was with the GENERALL & dined with him, where Sir ARTHVR HASILRIGE also dined, & the GENERAL told thy friend, I should not be three moneths in the condition that I am in & that Sir ARTHVR HASILRIGE said if I would be quiet, he would meddle with nothing that I had left thee, & thou sayest the relation of this to thee, was a great refreshment to thy spirit & then injoynest me either to be quiet, or else never write a line more unto thee.

Now my DEAREST JOY! calmely I beseech thee with patience, judgement, understanding & the affection of a wife that hath a faithfull & loveing husband, though wrapt up in manie afflictions & peirceing outward tryalls, read my Answer or Apologie with seriousnes & deliberation & lay it not behind thy back, through the tediousnes of it, before thou hast red it.

And therfore in the first place I must deale truly with thee and tell thee; that though thou & my sweete babes are as deare & precious to me as any such relations are to any man upon, the earth: Yet I must trulie say & in reason averr it, that my owne personall selfe, or my owne personall being, is neerer & dearer to my individuall selfe (& so ought to be in reason & Iustice esteemed, according to that speech in Iob Skin for Skin & all a man has will he give for his life) then either thee or my children divided or conjoined. But yet besides that, give me leave to aver that there is something else more valued by me then either Edition: current; Page: [7-190b] thee, or my deare infants, nay or then my owne life; & thar is first my reputation, as a Christian & an honest & just man.

And secondly my inward peace with God & mine owne conscience. And that mine owne life & the preservation of it ought in Reason, Iustice & Conscience, by me to be preferred before the preserving both thee & my children from begging, if it were possible for thee or me to imagine (forgetting what the prophet Daved saies Never saw I the righteous forsaken nor his seed begging their bread) or fancy such a thing could ever come to pass. I confess, thou maist be exposed to learne to want as well as thou hast learnt to abound. and, if thou doest; transcendently better, then either thee or I, have done it before us, Ac. 20. 34. 1 Cor. 4. 11, 12, 13. 1 Thessal. 2, 9. 2 Thessal. 3, 8. & Heb. 11. Yea our Lord & Master Christ could say of himselfe, the foxes have holes & the birds of the aire have nests, but the Sonne of man hath not where to lay his head. Yea & for my part, I must deale freely with thee, I thinke it is one of the happyest & blessedest conditions in the world to be in such a frame of spirit. and yet he that is not so, is so far from the height of a true Christian, that he is below the temper of manie considerate heathens. And; as for greatnes or garishnes in the world, at the best, rightly considered, what is it worth? or what soule-satisfaction, is to be had in it? I am sure of it, in the day of the frownes of God, or in the ecclipseings of the bright shineing of the beames of his glorie, it is no better a solace or cover, then Jonahs Gourd or a spiders webb. and honest & precious Paul had learn’t to say, haveing food & raiment, let us bee therewith content. But to come more closer. the Parliament or rather the secret & somewhat open contrivance of the Lord Generall Cromwell, hath bannished me without ground, or the least colour or shadow in Law, into a strange Countrie where by some of the Magistrates thereof I am imagined to be one of the Parliaments spies & by some of the mad or ranting crue of the Cavaliers (for being formerly a zelot for the Parliament) I have bin really sought for, & enquired after by them as a traitor & rogue. Now the single question between me & thee, lies heere; whether my Life is not rationally to be thought hereby to be in some danger. Which I am sure it is, especially if warrs should arise betwixt this people & England. and if so; the next question is, whether I am more bound in duty & conscience before God and man, to run the apparent hazard of mine owne personall ruine & totall & final destruction & annihilation by being quiet & sitting still, as thou callest it & wouldst have me, & thereby probably preserve a little estate for thee & my children to farewell & goe a little in the fashion of the world: or in writeing & printing for mine owne defence & thereby rationally endeavouring to preserve my life, which both the Law of God, Nature, & Humanitie, ties me to use all just meanes to doe: although thereby I run the apparent hazard of exposeing thee & my children by the lawles & arbitrary wills of some great-men to be robbed of mine estate, in the looseing of which, you are all probably exposed to a great deale of sorrowes & wants. Now this being really and without dissimulation or straines of witt my case. I refer it to thy selfe with thine owne choicest-freinds to judge of my condition; only adding this, that I must truly confess unto thee, should I in the least believe, thou as my wife, only lovest me to enjoy an estate by me, for thy more handsome & plentyfull liveing in the world; I should as little value such a love or the roote from whence it springs, as by thy letter, I may too groundedly without straineing it, imagine thou valuest my preservation.

But secondly; there is a thing in the world more valued by me then my life, & that is my reputation amongst men, but especially as I am a Chrictian & profess the feare & Edition: current; Page: [7-191a] dread of Iehovah; the preservation of the reputation of which I am to maintaine with all tendernes & earnestnes, by all the obligations, that can lie upon a man of conscience & honestie. And to evince this, first as I am a man, the wisest of men Ecclesiastes 7, 1. Saith by the spirit of God, A good name is better then precious ointment. & saith the Apostle Peter to the Saints to whom he writt his Epistles let none of you suffer as a murtherer or as a theife, or as an evill doer 1 Peter 4. 15. and shall it not be presumed, that I doe now heere in the eyes of the strangers amongst whom I live, suffer as the highest of evill doers, whilest I sit still in silence, being fined seven thousand pound & bannished for ever out of my native Countrie, by my owne pretended freinds & partie the Parliament of England, who are commonly reputed, or at least would be judged & esteemed to be a wise, judicious & honest just people; who in common charity by all men, that know not the bottome of things, may be presumed would abhorre & detest to deale so severely with any man, especially one of their owne partie, as they have done with me, but for some notorious transcendent wickednes or crime, & though thou & many hundreds more in England (as thou saiest) verie well know the grounds of my bannishment as well as I can declare them, yet shall I not here be presumed while I remaine in silence (& it may be, bee strongly judged, by all strangers amongst whom now I live (& whom I must for mine owne safety & well-being endeavour to satisfie, please & content as well as I must doe thee) to bee so base & transcendently unworthie a fellow, that I am not fit to be converst with, but to be hist & kickt out of all honest ingenuous & civil mens companie; nay, may not the Magistrates here rationally upon the presumption of the premises, justly conclude & say against me, seeing the Parliament the Governours of England have judged him unfit to breath in that aire where he received his first breath, why should we suffer such a base unworthy fellow, so used by his owne freinds & Countreymen, to breath in our ayre? nay, thereupon may they not much more rather then the Parliament, upon purer grounds of equitie & of reason bannish me from hence, as a most wicked and pestilent fellow, that is able to corrupt with basenes & wickednes any place whereever hee comes and abides and I pray thee, if such a thing through my silence should happen unto me, send me word where you imagine, in safety, I can next set my foote. But how ever, whether this last thing should ever happen or no, may I not justly blush to come into any ingenuous mans Companie, or to walke the streets where I am knowne, whilest by my silence I lie under the odium of such a severe sentence as I doe. & shall I be tied for ever to the spending my breath without end in declaring the ground of my bannishment? & may I not whilest I remaine in silence be judged by those, to whom in private I give a narrative of it unto, to imagine & thinke, that that is false & vntrue which I say unto them? or if it were not, I would not be wanting to publish to the view of the world, the grounds of that which in private I say is so unjustly, illegally & unrighteously decreed against & inflicted upon me Nay doe I not by my continued silence, lay open the profession & feare & name of that God, that I have endeavoured to hold forth unto the world to reproch; which is a sinn so much complained of in Scripture & dehorted from, by the Spirit of God. The contrarie of which evill, with all tendernes & hazard, ought to be zealously endeavoured, by all the redeemed ones of the Lambe of God. Nay; doe I not absolutely by my silence, not only forfeit my good name as a man, but as a Christian; then the giveing of just grounds to doe either of which, I had rather, if it were possible, an hundred times over perish & be destroyed. & this I know, would be abundantly more rejoyceing to my adversaries, then the enjoyment Edition: current; Page: [7-191b] of hundreds of such estates as mine is. And therfore patiently beare with me I pray thee in printing my condition.

But, lastly; my inward peace & tranquillitie of mind, with God the cheifest fountaine of comfort & my owne Conscience compels me to it. For alas, to Justifie the wicked, in the sight of God is as abominable, as to condemne the righteous. And should I be silent, after the plucking up all the Lawes & Liberties of England by the rootes, as in my Sentence they are, nay razeing & Levelling of all the foundations of Libertie & Propritie in the English Nation, by arbitrary will & tyranny, & that after the solemnest printed & published declarations to the contrary, that ever were made by men professing Christianity: I should tacitly be the justifier, of the highest treacherous wickednes, that ever was acted (I thinke) by men professing the feare of God or common Honestie. And should I doe this, how could I with comfort looke God in the face, or appeare before him, to lift up my supplications to him: if I should by my silence approve & justifie, that evill in my Sentence committed against me & all the Lawes & liberties of the people of England, as deepely in some sense concerned in it, as my selfe. For, alas! by my president what man in the Nation of England, can call his Estate, his wife, his children, nay his life his owne? for by the same rule, & that with as much shew & colour of justice, as by their arbitrarie way they have voted-away my estate & bannished me, might they as justly have taken away my life & my childrens also, and so have extinguished me & my posteritie from of the Earth. Which I am verie confident they would have done at the same time, if they had durst, for feare of raiseing to themselves a greater inconvenience, then my life could be imagined would be to them.

Nay; have I not bin in the feild & shed or helpt to shed the blood of my Countreymen, for the Liberties & freedomes of my Nation; & shall I after that, at once by my silence, be consenting to the grubbing them all up by the rootes? & burying them in the grave? O! Should I follow thy advice & counsell, I might justly feare, that that blood, which I have shed or caused to be shed in the feild for Englands Liberties, might dog me at the heeles & gnaw me at the verie Conscience, that I should never rest, night nor day in peace or quietnes, either sleepeing or wakeing. And therefore, I must speake & leave the issue to God. And it is impossibie I should hold my peace, though I should immediately perish therefore.

O! my dearest; thou knowest, & I appeale to thine owne Conscience, whether I have not studied & laboured with all industrie, ever since God miraculously wrought that glorious deliverance for me at Guild-hall & thereby gave me my life for a prey, to keepe out of their clutches; & to give the Generall nor the Parliament, no provocations to fall upon me. as for instance, when by a cleare & faire vote, I was legally chosen by the people a common-counsel-men in London; did I not take it patiently & sit downe in silence, although the Parliament arbitrarily voted me out of it. And, when after that, I had a desire to studie the Law & entred my name at the Temple, & paid my money & was diened by the Parliaments Attorney-generall to be admitted unto that common English right, did I not sit downe without Struggleing for satisfaction for that Injurie done? Did I meddle with Hasilrig, till he struck at the verie rootes of my whole Family, to extirpate them from the Earth, & so in their Countrie demeane himselfe towards them & their relations, that rationally I would not give sixe-pence a Yeare, for as much Land there, as my little Estate is worth. Did I not, I appeale to thine owne knowledge, demeane my selfe with all faire & industrious care & respect to Edition: current; Page: [7-192a] the Generall, though now he was the principal man to send me packing. I pray thee consider all these things seriously, & the Lord give thee wisedome and understanding & a willingnes with patience, to suffer that which the most high shall permit wicked and cruell men to inflict upon me or thee. And for thy estate, if they want it & will have it, let it goe cheerfully; for I am confident, it will be a choakepeare to them, when God will be a portion of fullnes & of joy & rejoyceing unto thee & me, if thou canst stay but thy heart upon him. And as for thy being refreshed at Hasilrigs words, about letting thee alone with my estate, according to my demeanour:

Alas poore guilty man! he will not find a Schoolboy of me, to be kept in awe by a rod or a ferula; and I must truly tell thee I had rather be without an estate, then to enjoy one, onely at his will & pleasure.

And as for that other expression of the Generall, who said if I were quiet, I should not be three moneths in my present condition. I confess I know not what it meanes, unless by that time he intends, I shall be in a worse condition then I am. for it was hee & hee alone in the House, that 2. or 3. daies after the 20. of Januarie last (when my honest & true freinds in London, had delivered that day their petition, for the revokeing of my sentence) that told the speaker openly in the House, that upon his Conscience, the sentence which the Parliament had lately passed against me, was as just a sentence, as ever that House passed in their lives. And therefore let him with good words deceive thee & thy credulous freinds, for he shall never cozen me againe. I know him now too well, to be implacable & never heartily to be reconciled, where he takes a thorow grudge, and though he give never so many faire words, & pass never so many solemne promises to the contrarie.

And I appeale to thee, what safetie for my life, I could have, were I againe in England, where his single wil is a Law. might he not? were I theere, watch his opportunitie, when he is little faster rivetted in his unlimited & a thousand times more then kingly power, and somewhat more freed from his feares of forreigne Nations, that peradventure are upon him; as easily & as justly, arbitrarily take away my life, as he hath arbitrarily bannished me & fined me seven thousand pounds. For indeed & in truth the House of Parliament may beare the name of things, but in reality, it is but his screene, he himselfe alone as to man, being the Alpha & Omega of all there cheife results. And it may be in pettie things, he may give them leave to use the people as they please; so they will without kicking or preating, let him doe with them in all great affaires, what he list.

My sweetest love! Canst thou rationally, or any that really wisheth me well, so much as imagine, that my life were I againe in England, (or the life of any man now there, whom the Generall inwardly hates,) can be in any proportion of securitie, till the sitting of a new Parliament, which he hath so often & solemnly promised to the Nation, but never intends to performe it; or that they ever shall enjoy it, but shall be eternallie ruled by a standing power unaccountable either to God or man, molded, framed & culled in a manner, wholly according to his pleasure, till the peoples backs be as goods as broken with the weight thereof. And therefore, as a man that for a longer time, then thy expected season, have in mine owne thoughts bid adeiu to England, & to all that outward tranquilitie & content, that thou & I not manie moneths agoe promised unto our selves, under our owne vines to enjoy in peace, & for all the rest of thine affaires conteined in thy letter, I leave all whollie to thy selfe, to doe what thou wilt & how thou pleasest. Haveing Edition: current; Page: [7-192b] allreadie in divers former letters writ my nimd so fully & largely unto thee, that I hope, before thou seest this, thou wilt not be to seeke, what to doe with thine affaires, nor with those persons mentioned in thy Letters, who I hope, for all thy hard thoughts, will deale honestly with thee. But if thou art to seeke in thy busynes, blame thine owne selfe, for sending me only one letter in 5. or 6. weekes after my departure from thee. Although I left thee full directions, where & how, constantly to send to me, while I was with thee. But the entercourse of letters, thou desirest to cut of; so that I am forced, to send this printed, into England; where I hope some of my friends will get it reprinted for me, & then send a Copie of it to thee. After which thou maist expect my Apologie printed in Dutch & English; the which, if the Printers had not bin verie slow & dull, had bin with thee, ere this. So with my truest & sincerest love presented to thee, with my heartyest & serventest prayers to God, for thee & my sweet babes, I commit thee to the protection of the Lord Iehovah my strong defence & rest,

Thine owne Heart

John Lilbvrne.

From my Lodgeing in the Holyway street in Amsterdam, this 4. of March old or English style, being the 14. of March new or Dutch-style in the yeare of Christ 1652.

Post-script.

My deare, being tied up by thy selfe as it were, from sending any more written letters unto thee: haveing a vacancy here, to fill up the sheet: I cannot but earnestly intreat thee, very seriusly to cast thyne eye upon thine & my brother the Colonels petitions for me to the Parliament, recorded at the latter end of the printed booke of my late tryall at Guil-hall: & there thou shalt find, how great a mercy it would have bin esteemed by thee, that then they would have spared my life & have exposed me to that condition that now I am in, which then thou wouldest have taken for a singular mercie & favour. But thou hadst then full experience by their dealeing with thee, of the truth of that sayeing, The tender mercies of the wicked are crueltie. And why thou shouldst now be so much troubled as by thy letter I perceive thou art. I doe no know considering, that my life in probability is now out of their danger. I profess unto the before God, the world & mine owne conscience, that although I doe as much sympathize with thee & thy afflicted condition (especially considering it hath bin for so many yeares & so full if bitternes, dangers & hazards to thee, in thy faithfull endeavours for my preservation all along) as its possible for any man in the world to be towards his nighest & dearest relations: yet give me leave in faithfullnes & truth to averr unto thee, that it is impossible to the utmost of my understanding, for me to doe or say more unto thee for thy supportation in thy condition, & to maintaine mine owne inward peace & commerce with God, then I have allready done. & therefore shall I trouble thee in print to read some of those lines, that in letters I have sent unto thee since my sentence of bannishment was passed upon me. The coppie of the first of which thus followes.

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John Lilbvrne

Lilbvrne, John

London

Januar 16. 1652.

Elisabeth Lilbvrne

Lilbvrne, Elisabeth

For my faithfull deare & lovenig wife Mrs. ELISABETH LILBVRNE.

Army house at Theobalds, these deliver.

My dearest & truest love;

May the sweetest smiles of the Almighty in the face of Jesus Christ, be apprehended by thee & enjoyed in thee, to the sweet refreshment of thy heart & spirit, as, I bless God, they are to mine at this present time, in abundant manner, & may the protection of the Almightie the glorious support of him that rules in heaven & earth, bee (especially at this time) handed out unto thee; to the cheereing of thy precious soule & the aboundant support of thy droopeing spirit. Nay, may all those glorious comforts & unspeakeable joyes & rejoyceings, that either thy soule or mine hath bin wrapped up in, in the day of our greatest adversities, bee a fresh in a plentifull manner powred out into thine heart & into thy spirit, to the stedfast staying of thy soule upon the Lord Jehovah (our rock & defence) without amazement of heart, troublednes of mind or perplexitie of spirit: as, I bless his holy & glorious name, mine is; with aboundance of inward tranquillitie of mind, that keepes my soule in a sweet frame & temper of quiet peace & rest, the tideings of which from thee my dearest love, would more refresh my heart & spirit, then the enjoyment of all the delights in the world, besides thy selfe. O my dearest selfe, I begg of thee as the greatest boon thou canst afford me, that all that froward passion & foolish heat & distemper that at any time thou hast seene in me, may for ever be buried in the grave of forgetfullnes & the fresh heart burneings of that tender love of thine, wherewith at first thou lovedst me, when thou madest mee the cheifest object on earth of thy delight, be afresh revived in thy soule towards me. & then my present bannishment, yesterday decreed by Parliament against me, will be less then a fleabiteing unto me. So, longing to see thee here at London this night, with this bearer thy endeared true friend and mine whom I have on purpose sent unto thee, to bring thee unto me, I commit thee to the sweet protection of my endearedest father, that liveth and abideth sensibly and plentifully in my soule & rest,

From

London

Januar 16. 1652.

Thy owne indeared heart

John Lilburne.

John Lilbvrne

Lilbvrne, John

19 of January 1652.

Elisabeth Lilbvrne

Lilbvrne, Elisabeth

The Copie of my second letter unto thee, Thus followeth.

My sweetest Love,

In my present condition I bless God, I have no trouble nor perplexitie at all, but only that thou art troubled and how to revive or refresh thee my dearest, I know no meanes more direct, then to importune the Lord of life & glorie to doe it for thee and therfore may the fresh and sweetest smiles of his heart-cheereing countenance fully and plentifully shine upon thy soule, to the stable staying of thy heart and spirit upon him alone, and to the cleare inableing thee to see a greater excellency, glorie, beautie and fullnes in himselfe, then in husband, children, or other relations, or any of the dunghill delights of riches, or any outward worldly contents whatsoever. Which shall be the continuall prayer, of thy most indeared and faithfull husband,

From my imprisonment under the Sergeant
at Armes his Deputy, this

19 of January 1652.

John Lilburne.

Printed at Amsterdam, By L. I. Anno Domini 1652.

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John Lilburne

Lilburne, John

May 1652

14.

7.14 John Lilburne, As you Were (May 1652).

Editor’s Introduction

(Placeholder: Text will be added later.)

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William Kiffin

Kiffin, William

For his EXCELLENCY the Lord GENERAL CROMWELL these present in England.

My Lord,

IT is said in Job the 35 and the 9 and 10 that by reason of the multitude of oppressions, they make the oppressed to cry: they cry out, by reason of the arme of the mighty, but none saith, where is God my maker, who gives songs in the night. And if this be my case in the highest, I know no man that can rationally blame me: If I cry out with all the shrillnes and loudnes I can. And that it is my case; my Lord, is evident, 1 In that I am banished for ever out of my Native Country and upon paine of death must be gone by such a day, as appeares by your votes of the 15 of January last, recorded in my late Printed Apologie to the people of the Netherlands, page 48, 49, 50. 2ly You have made it death and loss of Estate for any man whatever to afford me in England or its territories, for love or money, a nights lodgeing after that day, as appeares by your printed Act of the 30 of January last, recorded in the said Apologie page 62, 63. 3ly All your ports were at that time with strictnes stopt to prevent people from goeing out of England, without passes under the hand or hands of some in Authority; and yet. 4ly When according to your votes, I was willing to be gone and came to your speaker for a pass to inable me to goe, it was positively denied me by him, as I have truly related in the said Apologie page 59. and the want of such a pass, in the eye of reason, had cost me my life, had I not found favour at Dover, in the eyes of those, whose faces before to my knowledge, I had never seene in my daies. And yet this is not all; for, besides, I am fined seven-thousand pound, which was more then visibly I was worth. and, if it had bin immediately executed or leavyed, according to the severity in your said votes and Act, it had not left me a penny to hire an horse to carry me to the sea-side, no nor there to hire a boate to carry me on ship-board, nor there to give any recompence to the Master of the ship to carry me away to save my life; nay nor there to buy me a bit of victuals to susteine life as I goe; nay nor when I am set ashore in a land of strangers, to pay for one nights lodgeing for my refreshment. Nay, that which is more then all this is, that there is not in any of your foresaid votes or Act of Parliament, six pence provision made to buy bread to support the lives of my poore wife and tender babes, although by Magna Charta chapter the 14 and the statute of the 3 of Edward the 1 chap. 6, both which are lawes to this day unrepealed, & they expressly and positively say, “a freeman shall not be amerced for a small fault” but after the manner of the “fault and for a great fault after the greatnes thereof, saveing to him his continement” that is is to say “his freehold, countenance or livelyhood, and a merchant likewise saveing to him his merchandise, and a vilane, farmer, or husbandman saveing to him his waynage, or plough. “And none of the said amercements or fines shall be assessed save by the oath of honest and lawfull men of the vicinage” that is to say Juries. Nay and yet notwithstanding all this, I have by your directions (for any thing I know to the contrary) given to your endeared and bosome agent Mr. thomas Scot, a spie clapt upon me at Dover, as I came over, called Captaine Wendy Oxford, who must stand upon the pillory at Westminster and the exchange of London, and semingly be bannished from England the better to inable him undiscerned to contrive my murder, ruine and distruction. whose roguery with Mr. Scots against me I have infallibly found out from step to step, and by the assistance of God, as soone as I can have a little leasure shall print it to publique vew. of which villany of his, when I gave him a hint of it, at my owne chamber, at or upon the 2 of Aprill last old Style, and by my letter to him dated the next day: with in 2 or 3 days after that he left Amsterdam, and departed with his two Gentil-women, called by him his wife and maide, although some doe with confidence give very strong reasons to demonstrate, they neither of them are such, but a couple Edition: current; Page: [7-196a] of arrant common whores, but averball hue and cry I then sent after him, which I suppose with this, &c. Will for ever spoile him of being a spy heere after (as well as something else hath alredy spoyled Mr. Cheshire his brother knave, to be a spy at Middelborow who now is forced to fly to Westminster for Shelter) and render him uncapable to receive any more bills of exchange from Mr. Thomas Scot, for the paying him his sallery, to inable him to drinke drunke night and day, to feast, whore it, swear, rant it and domineer rather like a bedlam then a man; or to send one of his sluts over to give Mr. Scot if he want it a tast of hir (which kind of flesh is notoriously at Westminster knowne he loves as well as Oxford doth) as well as to convey his intelligence over and to solicet him, if he ly not in, sicke of the French Pox to procure him a passe to come over, and to meet him, at Graves-end or Dover, &c. and to discourse with him for setling all his affairs.

And yet my Lord this is not all, but that which is the highest, of aggrevations is, that all this that is done unto me, (and principally by your selfe) is inflicted upon me, without (I doe avow it and upon my life dare ingage to make it good) all shaddow of ground, cause, provocation or cullour of law or Justice; For, alas my Lord, I was at most upon your owne principles, but an accessarie and not principall; And to inflict a higher and greater punishment upon me then upon Mr. Primat the principall, and now to set him at liberty from his imprisonment, and to keepe me still in my banishment, and under the lash of my foresaid extraordinary great fine: where is in England either the Law, equity or justice, to avow and warrant it? And my LORD, admit Mr. Primates Petition about which I am banished, had bin all false, and not proved, (which yet I avow to the contrary) and admit, it conteines in it so high things against Sr. ARTHVR HASELRIGE, as if proved, would have occasioned as great a sentence to him, as you have given to me; and therefore per legem talionis you have done by me, as you have done. Truly MY LORD I will joyne yssue with you there, if that be your ground, as by some of your members while I was in England, I understood, it was one of your principallest. Yet remember, you say in your Declarations, “that the Law of England is the Inheritance and birth-right of the Meanest man therof” as well as “of the greatest, and that you are bound in duty and conscience both to God and Man to dispense it equally to all, without favour or affection:” and therfore be but just to me my Lord and I have done with you. For your Attorney Generall Prideaux (that unbrac’t Drum, that makes a great sound & noyse, without any tune or harmony) accused & indicted me of high-treason, and had me tryed before about 40 judges at Guildhall London in October 1649 for my life therefore: and if he had proved it against me, I must have died therfore as a traytor, and have forfeited all my estate. And therfore by your owne rule and your owne Law of proceedings with me in my present case; because he accused me, & could not prove it, “he ought to be hanged therefore, and to forfeit 4 parts of 7 of his estate to me.” which when I was at London by common repute, he was judged by his Land, Postmaster-Generall-ship, attorney-Generall-ship and the most vast fees, that he [being a Parliament man of an unaccountable Parliament, and thereby so great) takes to plead all manner of base Causes, to the threatening, outfaceing & overaweing both Judges, Iurors and Lawyers, to have incomeing thereby annually about twenty thousand pounds. Although a few yeares agoe, since this eternall Parliaments first sitting, I could never heare he was judged to be worth two hundred Pounds per annum.

Now, I say my Lord, performe this to me, & I will pay you my seven-thousand-pound fine, without any more to doe. But besides, remember also, were not you (My Lord) at Darby-house in Cheynel-row with the Councel of State, upon the 28 of March 1649, the cheife man to mannage an accusation of high-treason against me, and got me committed therefore. The Narrative of which in breife, is conteined in the 8, 9, 10, 11, 12, pages of the second edition Edition: current; Page: [7-196b] of the Picture of the Councel of State, printed at London 1649. and yet when it came to the yssue, there could never one word of it be proved, allthough I lay prisoner in the Tower, almost a yeare there upon, and therfore by your owne rule and law of proceedings with me, ought not you your selfe [my Lord] to be HANGED therefore? and to forfeit 4 parts of seven of your great estate to me therefore? For shame my LORD, once in your life, learne to be just and remember what you said against Mr. Herbert, the Kings attorney Generall, in the Case of the LORD KIMBOLTON and the 5 Members 1 part of the booke of the Parliaments Declarations page 52, 53, 101, 123, 201, 203, 208, 210, 278, 459, 660: and give me not too much cause to picture-draw you so, that all the artificial or pensil-limners in the world, shall not be able to compare with it. You know, I have a quick & sharpe pen (My Lord) and therefore give me not cause to challenge you, or any of your Champions, to draw into a short Epitomy, or into a larger charge, all that evill that in your owne thoughts you can colourably imagine the Buyshops, Starr-chamber, Counsell-table, High-commission, or any persons therein were guilty of; nay or any persons since their downe-fall by you executed for the highest of treasons, tyrannyes & oppressions were guilty of: & yet, comparatis comparandis, for me to aver that you outstrip them all, and in particulars to undertake upon my life to make it good: and that those saying of God, by the Prophet Ezekiel, chap: 16, 48, 51, 52, [mentioned on the Title-page) may as truly and as justly be verified of you, as they were of Iudah or Ierusalem & that you have outstrip’t (comparatis comparandis) all those whome you your selfe count the most wicked men, that you have pulled downe, “and thereby have done in actions as much as in you lies, to justifie all their wickedness” that in words you have condemned. And besides, my Lord, what faith, what truth, what honesty? can be imagined to be in that man, or that generation of men? that by a constant series of his or their actions, visiby and apparently declare, “he or they hold it lawfull to commit any manner of wickednes & basenes whatsoever that can be named under the sunn, for the accomplishment of his or their proposed end” whether in it selfe, it be wicked or righteous: yea to cheat, breakefaith with, and murther the nighest relations a man can converse with, when they cross his ends.

Yea & for that end onely, to raise warrs upon warrs, to the devastation of Kingdomes & Nations; The gulled, cheated & abused peoples lives, really & truly being of no more value with him or them, then so many dead doggs, serving him or them for no other end, but to be his “foote-steps to climbe up to the top of absolute and arbitrary Power & pretended Authority, or unlimited & unbounded Kingship. And, that you (my Lord) particularly are the man, that is guiltie of all this, in my judgement and apprehension, your owne quondam darling, “and heart-indeared & heart secret-knowing Freind, the Major of your owne Regiment of Horse, Robert Huntington” in his printed impeachment of you, delivered to both house of Parliament against you, the 2 of August 1648, hath punctually declared it, which impeachment, is reprinted in the 53, 54, 55, 56, 57, 58, 59, 60 & 61 pages of that Booke for makeing of which I was arraigned for a Traitor at Guildhall October 1649, being intituled An Impeachment of high-Treason against Oliver Cromwell, &c. and for which Impeachment of his, I could never heare, that you endeavoured so much as publicly to question, him therfore, or to put forth a vindication against it. Which may well get beleife in un-biased men, that you acknowledge all that he hath there said against you, to be true. And as much as I have said of him, and his Impeachment, may be said of the Authors of those three notable bookes and of the bookes themselves called Putney-Proiects; The Levellers vindicated, being the stated case, of the late treacherously defeated BVRFORD-troopes; and the HVE-AND-CRIE of the young men & apprentises of London after the lost fundamentall laws & liberties of England. Vnto which three bookes, a great many mens names are set, as the avowers & justifiers of them, and Edition: current; Page: [7-197a] to my knowledge, the most of their names are true: for I particularly know the most of the men my selfe, & yet I could never heare that any one of them, was so much as questioned for decyfering you there, as they have done. Although to my knowledge, you know some of the men as well as I doe, and might severall times since those bookes were writ & published, as easily have laid your hands upon them, to have called them to an account therefore, as I can take up the pen & inke that I write here with.

I say, laying the forementioned Bookes or discourses together, with what followes in this discourse page 13, 14, 15, to 24 & compareing them with your practise, I thinke they sufficiently prove you to be the man above mentioned, that walks by the Principles of Atheisme & Machiavellsme, and holds it lawful to doe any thing in the world that comes in your way, that will most serve your turne, for the accomplishment of your owne ends, be they never so bloodie, wicked, or tyrannicall.

But MY LORD you have forced me when I was quiet, to come upon the stage againe much against my will and studious indeavours. And yet, when I did, I fairely sought peace with you, and sent you in writeing my propositions for peace, grounded only upon your owne promises, neglecting to insist upon any thing of concernement to my selfe, and gave you, or your true Freind Mr. William Kiffen, to whom I sent it, twentie one dayes, to returne me an answer, at least of his receit thereof; all which appeares in the following discourse page 29, 30, 31. But heareing nothing at all from him and feareing that it is intecepted, I am forced to print it. The Copie whereof, with some small additions, thus followeth.

For my loveing Freind Mr. WILLIAM KIFFIN, merchant
at his House in Dukes-place London, these with hast,
post hast, to be communicated to his Excellency the Lord
Generall Cromwell, &c.

Mr. KIFFIN

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William Kiffin

Kiffin, William

2 April 1652.

John Lilbvrne

Lilbvrne, John

Mr. KIFFIN.

YOu and I have bin long acquainted all have had much converse together & although you were in my late troubles before my triall at GVILD-HALL my adversary in print; yet not lookeing upon you by your opposition, as a man that out of malice designedly laboured to take away my life, but rather as a man surprised in your understanding, and thereby induced to beleive the plausible arguments of my (pretended Religious) adversaries, as though by my contest with them, an undeniable gap was opened, to let in them that are commonly called the public adversaries to devoure all: and so were against the then season as unfit and dangerous in your apprehension, but not against the things themselves held forth by me and my Camerades, which you judged just and righteous and fit to be established in due time, when that feare was over. In which regard that opposition of yours to me, I judged most fit to be buryed in the grave, and not with any disgust of mind to be remembred. And therfore it is that of late, some part of that former familiarity that was betwixt us, hath bin renewed and since my banishment I find by several Letters from my wife, that you have bin very civil and respectfull to her, for which I returne you many (AND MY HEARTIEST) thankes. ONE OF HER LETTERS dated the 2. of Feb: last I have answered in print, and caused that answer to be published here as well in DVTCH as ENGLISH; which I hope before the date herof is reprinted at London againe, since which I have received two Letters more from her, the maine substance of both of which are, to presume, with all the mournfull arguments that possibly thee can use, to be quiet and to abstaine from printing, and Withall she tells me, it is the advice of all my Freindes in generall who come continually to her, to get her to write to me about it. But haveing in my aforesaid printed Epistle, given her undeniable reason WHY I AM COMPELLED TO PRINT, which I hope with my former Letters to her, will so qualifie and season her Spirit, that I may presume now, that both my feares are over, which were first, that I was afraid through sorrow about me and her owne distressed condition [as she calls it) she should either miscarry of her childe, or else secondly that she should be overwhelmed with greife and so her burthen should become too heavie for her to beare. But hopeing that both of these dangers are over, I must now confess unto you, that that little trouble which used formerly to accompany me, thorough the hopes hereof is as good as at an end. And therfore to you shall I judge it convenient for me, [and I hope no way mischevous to your selfe] to answer freindly and resolutely some other clauses in her latter Letters, and some clauses in other Letters of some of my Freindes, which I have lately received, and then positively to tell you without deceit or flattery my future resolutions, [by the assistance of God] on purpose because I know you are great with the GENERALL and I thinke with the NOW LORD-DEPVTY OF YRELAND LAMBERT, but I am sure of it, with LEIVTENANT-GENERALL FLEETWOOD and MAIOR-GENERALL HARRISON that you may shew this Letter unto them all, being the great swordmen of England, that so they may lay their heads together obout it, (if they please) and then let God worke his pleasure

In a large Letter to my wife of the 13 of February last, I told her, and now with comfort and rejoiceing tell you, that I bless God, that I have this testimony in mine owne Conscience; that the Cause for mannageing of which I am bannished, did at the first and all along to this very houre doth appeare to my understanding & judgement, upon the strictest scrutinie betwixt God and mine owne soule, that I am able to make, to be as righteous and as just a cause, as ever was in the World, and allso however Mr. HILL THE CHAIR-MAN reported it to the house, yet Mr. PRIMATES PETITION was as fully proved, before him and the Committee of Parliament in every circumstance of it, so far as its capable of proofe, [saveing that single clause of SIR ARTHVR HASILRIGS holding private correspondence, with some of the Commissioners,] as any petition in the world need to be proved, but it was no wonder it went as it did, when SIR ARTHVR Edition: current; Page: [7-198a] HASILRIG WITH Mr. HIL THE CHAIRMAN, WITHOVT A THIRD MAN, DREW VP THE GREATEST PART OF THE REPORT, IN THE SPEAKERS CHAMBER, WHILE THE HOVSE WAS SITTING, as one that tooke them at it told me with his owne tongue. Which report we were never permitted to see, nor none for us, nor to heare red, although we earnestly intreated for it, and by importunity endeavoured it. And besides I am confident of it there was not three men, that judged the cause in the House, that ever at the Committee, were constant hearers of it from the beginning to the end. And by what I have heard from Parliament men, that were at the Committee severall daies, Mr. HILL NEVER REPORTED TO THE HOVSE, ONE TENTH PART OF OVR EVIDENCES AS WEE LAID THEM DOWNE BEFORE THE COMMITTEE, AND THE SAID Mr. HILL WAS OPENLY IN THE HOVSE TAXED WITH SEVERALL MATERIALL OMISSIONS, BY A PERSON OR PERSONS THAT HEARD NOT ONE HALFE OF IT AT THE COMMITTEE. And besides, when the GENERALL HIMSELFE set his shoulders to the worke, with all the might he had in the World, to have the sentence so pass and goe on, it is unimaginable it could goe otherwise then it did, for one THAT IS FAMILIAR WITH HIM AND THAT WISHETH ME WELL, TOLD ME, IT WAS IN THE GENERALLS HOVSE BY HIM AND A CABAL OF PARLIAMENT MEN AGREED OF, TWO OR THREE DAIES, BEFORE IT WAS VOTED OR DECLARED IN THE PARLIAMENT. And some dayes after it was passed, the GENERALL HIMSELFE IN THE OPEN HOVSE (as one that heard him told me) IN A-SPEECH OF HIS DID AVERR AND DECLARE VPON HIS CONSCIENCE, THAT THE SENTENCE IT SELFE PASSED AGAINST ME, WAS AS HONEST AND AS JVST A SENTENCE, AS WAS EVER PASSED BY THAT HOVSE. But I doubt not (through the assistance of God) in a short time, to make it clearly and evidently to appeare in every circumstance, that it is the MOST VNJVST, ILLEGAL AND VNRIGHTEOVS SENTENCE, THAT EVER WAS passed by any authority or power in the World, that ever professed to governe by Lawe, As in abundance of their declarations, they have professed before God and the World, they ought and would doe. But at the present, I shall only trouble you with one instance and that in a short Declaration of theirs intitled, a Declaration of the Parliament of England for maintainning the fundamental Lawes of this Nation, dated Feb. 9. 1648. made by them since they tooke of the Kings head declaredly for Tyrannie, Oppression and and exerciseing an Arbitrary power in which they positively declare, that they are fully resolved to maintaine & shall & will uphold, preserve and keepe, the fundamentale Lawes of this Nation, for and concerning the preservation of the lives, properties and Liberties of the people, with all things incident thereunto, with the alterations touching Kings and House of Lords, allready resolved in this present Parliament for the good of the People. Which short declaration of theirs, is fully backed by them with a larger delaration, made the 17 of March after. And although, there be an absolute necessity that lies upon me, as speedily as I can to goe to the press with such a thing; yet in what I write or print by the assistance of God allmighty, I shall keepe within the bounds of a Christian, THAT VALVES HIS PEACE WITH GOD ABOVE ALL EARTHLY TREASVRES IN THE WORLD, and of a rationall man, THAT HATH PRINCIPLES OF FREEDOME AND JVSTICE INGRAFTED IN HIM, THAT HE WILL NOT BALKE OR CHANGE FOR ALL THE FEARES OF ALL THE DEATHS IN THE EARTH; and of an English-man, THAT LOVES HIS NATIVE COVNTRIE ABOVE ALL OTHER COVNTRIES IN THE WORLD, and in a great measure, hath the sense of his duty in acting towards its Freedome and wellfare, INGRAVEN VPON HIS VERY HEART; and as a discreet man, Edition: current; Page: [7-198b] That will not meddle with the NaTions affaires or governement where he soiournes, or doe any thing to the utmost of his power, that may give the least discontent, to those Magistrates under whose protection in his bannishment he lives. And besides, I bless God, I have both publicly and privately walked, in all peace quietnes, and uprigtnes towards the General and Parliament since I owned their authority, and neither directly nor indirectly medled with them, to give them the least offence, or to occasion in them the least cause of jealousy of me for undermineing or endeavouring to undermine their power and authority, and therfore can I the more glorie and rejoyce under their harsh and cruell dealeing with me. But the Lord is rightous, and i am confident will speedily returne it sevenfold into the bosomes of those who were the principal causers of it Judges: 1: 6: 7: and 2 Sam: 21, 1: 2: 5, 6: 14: and 2 Sam: 12: 31: compared with the 11: of Judges 17: 18: 19: 20: 23: 27: Ester 7: 9: 10: and 8: 11. and 9: 2: 3: 4: 5: 15. Isaiah: 10: 12: 13: 18. Mat: 7: 2. Marke: 4: 24. Luke 6: 37: 38. Rom: 2: 3. James: 2: 12. Revelations: 18: 6: 7: 8.

But to returne back; by my wives Letters I perceive, the LORD GENERALL gives a verie unworthy and strange kind of character of me, which seemes to worke beleife upon the Spirits of some of my Freinds; and further saith, that I may thinke my sentence greater then my offence, if they did not feare other things by me, of which also it seemes some of my Freinds are satisfied.

In Answer to all which; I say, its true upon the 28 of March 1649 the present Lord Generall caused me to be fetched out of my bed by a multitude of armed horse and foote and got me sent to the tower for a traitor, yet when I came to my triall for my life, there was never any thing of that laid unto my charge for which at first I was imprisoned, but only actions pretended to be done by me many moneths after my imprisonment, when I lay under so many barbarous provocations, put upon me by the Generall and his confederates, AS HAD BIN SVFFICIENT (according to Solomons saying) TO MAKE A WISE MAN MAD. But how just it was to goe about to take away my life, upon that score, I leave you to judge.

Its also true. I am now banished by the GENERALL HIS MEANES and the public pretended grounds and reasons therof are contained in the Parliaments printed Narrative and Act passed against me recorded in the 49: 50: 51: 62: 63 pages: of my late Apoligy to the people of the netherlands and I am sure of it in both of them they lay no crime at all in Law unto my charge; as I have allready fully proved in my said printed Apologie to the people of the Netherlands page: 65: 66: 67. But if the Generall or any other for him have any thing in imagination feare or supposition to lay to my charge, let him or them stand up and say their utmost, I crave no favour at their hands; but yet I appeale to your Conscience, how just it is, to disfranchise a man of all his birthrights and bannish him forever out of his native Contrie, for things they feare he will act against them. Its consest, the Generall must now needs have something to say for himselfe against me, as well as his or Hasilriggs Agents in times by-past had: who a little before my tryall at Guildhall Octob. 1649, in their printed Bookes against me, clothed me in beares and Wolves skins, that so the people as their doggs might worry me without compassion or consideration. And therfore it was that they printed me to be an Atheist, a denier of God and the Scripture & given up to all licentiousnes and an absolute confederate with Prince Charles, to set up his absolute will & prerogative in the English Nation. All or any of which things they them selves knew to be as true, as the sea burnt. But read my Answer thereto Printed at the Latter end of the first part of my tryall at Guildhall, page 158, 159.

Its also true, my old Freind Mr. Cornelius Holland a little before my second tryall averred Edition: current; Page: [7-199a] to my wife, that at the Counsel of State they had Letters of mine under mine owne hand written to the Prince; and the LORD BRADSHAW did the same, to some eminent Freinds of mine but when I bid defiance to them, and challenged them to produce them they were not albe to doe it, and it proved no more then some of Mr. Thomas Scots rotten and pockie lies.

Its also true, that when I was tried for my life at GVILDHALL, and confidently and justly alleadged for my selfe that by the two statutes of the first of Edward the sixt Chapter the 12 and the 5 and 6 of Edward the 6 Chapter the 11 still in force, there ought to bee two direct & plaine evidences or witnesses to prove every fact of treason alleadged against me: Yet those two worthles and bloody fellowes Attorny Generall Prideaux and the Lord Keeble, could and did falsely and lieingly (not haveing the least graine of the feare of God or common-honesty or shame before their eyes) averre, that there was a statute made after them in the 1 and 2 of Q. Mary that overthrew and abolished those two forementioned statutes of Edward the 6: and that now, one witnes to prove the treason alleaged against me, was sufficient to take away my life, and this they averred againe and againe unto the jurie upon their reputations to be true, after that I had often before the Jury, and all the populous auditory that then was present, to their faces told them, it was false and untrue, and that there was no such law made in Queen Maries time, and holding the statute booke in mine hand, I challenged them againe and againe to name the Chapter that it might be read, the which they could not doe and yet like most bloodie and false men, they would have taken away my life by their lies, if I had not understood the Law as well as themselves and had not had confidence enough to have told them they lied to their faces, before the jury and all that great auditorie of People, all which you may fully read at large in the first part of the booke of my triall page 124, 125, 141, 142, 143, 147.

Now I say, laying all these things together, and considering that these three base unworthy men, are still as great with the Generall as ever they were; I doe not wonder, if he have relations enough at his fingers end to make me odious. But upon what foundation or bottome, they should be grounded, (seeing mine owne Conscience is clare and innocent) I cannot imagine; unless it be something in relation to that averment, of Mr. REYNOLDS the sollicitor Generall, who lately at a Committee of Parliament (as by a Letter from London I am informed) openly averred, I held correspondency with the Scottish King; but whether he charged it upon me as done by me before my banishment, or since, the letter doth not declare. And therfore at present I can answer it but by Guess; and say,

I beleive my adversaries have some pangs of Conscience in them (“For I am confident the wickedest and most feared Atheist or machiavel, or doer of despight unto the Spirit of grace in the World is not totally without them”) that now and then pricks them, as it “did profane Esau, who for one morsell of meat sold his birth-right, and afterward when he would have inherited the blessing was rejected and found no place of repentance though he sought it carefully with teares” Heb: 12, 17. the same may be said of wicked Cain and cursed Iudas) for that injustice which they have done unto me in banishing me without a Cause, and thereby, as much as in them lies; not only destroying of me, but also of my poore wife and harmeles babes. Which crueltie of theirs, it may be, either flies in their faces, [“for if wee sinn willfully after we have received the knowledge of the truth, there remaines no more sacrifice for sin, but a certaine fearfull lookeing for of judgment and fiery indignation, which shall devoure the adversaries and it is a fearfull and dreadfull thing to fall (in wrath) into the hands of the liveing God” Heb. 10. 26, 27, 31. Or they feare may be much resented and laid to heart, (as I know it is) by the People of England of all sorts, who in time it may be may make some of them smart for their unjust and barbarous dealeing with me. Edition: current; Page: [7-199b] For saith the present Lord cheife Justice St. John, in his Argument of late against the Earle of Strafford printed and published by the speciall order of the house of Commons in the year 1641: pag. 43, he that would not have others to have law, why should he have any himselfe, why should not that be done to him, that his selfe would have done to others? It’s true (saith he) we give law to hares, and deers, because they be beasts of chase, it was never accounted either cruelty or foule play to knock foxes and wolves on the head, as they can be found, because these be beasts of pray: And it is a righteous and just thing both in the fight of God and man, to measure unto them as they have measured unto others, Judges 1: 6: 7. Matth: 7: 2. Marke 4: 24. Luke 6: 37: 38. Rom: 2: 1. and therfore upon the Principles of Machiavel, they count it necessary to bespatter me and load me with that, which though in it selfe never so false, yet they beleive and hope may make me loose mine Interest in England, which I have in the affections of thousands of mine honest and indeared Freinds there. Who I know doe looke upon me, as a single-hearted, honest, just, plaine-spoken English-man, that hath bin valiaunt and couragious for the regaining and preserveing their Freedomes and liberties, though accompanied with frailties and infirmities, which all, yea the best of the sonns of men are subject to. And if they could make me loose mine Interest with mine honest Freinds; I were then but single Iohn Lilburne nothing at all considerable either to be loved or feared, in hopes and confidence to preserve which, I further say; If Mr. Reynolds by my corresponding with the Prince, meane that I did it at any time in the least before I was banished; I bid defiance to him, and challenge him, to instance if he can, averring that his accusation is most false.

Or secondly, if he meane, that I have corresponded with him since I was bannished, then I desire him to explaine what he calls corresponding, or else I know not fully how to answer him. But this at present I shall say, and that in truth and faithfullnes as before the Lord allmighty, that knowes my heart and beares witnes to me that I lie not, that since the day the Parliament voted my bannishment, I have neither writ Letter line or sillabe to the Prince or any about him, nor received Letter, line or sillabe from him or any about him. Neither have I dictrated any Letter or any part of a Letter to him or any about him, or appertaineing to him. Neither have I heard any Letter red to this very houre, that hath bin writt, or pretended to be writt to him or any about him.

Its true, since I came to Amsterdam, I have bin very much threatened by some of the rudest sort of the Cavaliers; first by three of them, that came to the lodgeing where I lay the first night, where they were very uncivil and debaucht, as I am informed, and very probably might have done me a mischief had I then bin there, and secondly, since that, one more of them, hath to some English people whom I have cause to trust, threatened to ruine and destroy me, and others of them, and they of some port and quality, in the presence of some that are no meane ones, and that I know love me intirely, have sworne within these few daies most bitterly, that I am a spie from Cromwell and a rogue that deserve to be knockt on the head. Laying all which together and those many and strong invitations, that I have had to come into some of their companies, I have judged the hand and finger of Mr. Thomas Scot, that fellow all most starke rotten with the French-poxe, and some of his agents or spies, have absolutely bin at the bottome of this, which to me appears thus. I know my walkings, as to man, are and have bin so upright and just (as to man) that all my adversaries in England are not able to blemish them, and I beleive my adversaries know as much, being I know they have allready searched as with a candle into the bottome and secretest of my actions and wayes; and therfore know, that unless they can in the thoughts of my Freinds blemish me, in reference to the Prince, whom they have declared a traitor and therfore would be glad they had the least ground in the world to averre me to my Freinds to be apostatised from my principles, by corresponding with him or his partie, knowing they can have no plausible way in their owne thoughts to keepe my darts of Edition: current; Page: [7-200a] from them, and to disenable me to worke out mine owne restauration to the full enjoyment of my native English birth rights, but this. For if they could but colourably hold out this, they would easily by virtue of severall of their acts, declare all those traitors that write but a Letter to me, or receive but a Letter from me.

And therefore I believe Mr. Scot hath by speciall instructions from His Master the Generall, ordered some of his spies, that lie in the bosome of the Cavaliers, to provoke them to speake big words against me, yea and it may be to endeavour to take away my life, on purpose to necessitate me through feare to keepe company with them, and to grow familiar with them, that so they might have some ground to write over to him thereof, and therby erne their promised salary from him, and write their secrets to him betwixt their inkie lines eather with Sack or the Juice of a limon (according to his common instructions) which by holding betwixt him & the Fire, he can easily read, although a stranger that should intercept his Letters (As peradventure I or some for me have allready done) that knows not his devices, could not doe it.

But Sir, not to put a cloake upon things, I’ll deale plainly and freely with you. I judgeing there was and is such a designe upon me as is before expressed, and haveing many invitations to talke with some of the Kings partie; least a constant deniall so to doe, should give cause to them to conclude and judge me infallibly to be a spie indeed, or to be as base and vile as some of them doe imagine me to bee, therefore in order to mine owne preservation and that I might not be intrapped nor destroid, before I did that in reference to my bannishment, that my braine hath allready modellised unto my selfe, “I have beene of late in severall of their companies and talked my mind rationally and freely to them, in justification of MINE OWNE PRINCIPLES;” and I am confident of it, have made as much advantage to my selfe of their discourses with me, as any of them can doe of mine. And I must confess unto you, had I bin formerley addicted to set up the present Scottish Kings Interest, yet by my discourseing with them, I did find so much ground and reason, as quite to discourage me for the future, so much as to thinke of any such thing, in their way.

First, because I find the KING by their discourse, although a man judged by them of parts, yet is he not of that Depth of judgement and soliditie, as that he dare trust his owne judgement and understanding, in the management of any great disigne. And I am confident that if he trust to the multitude of his Councellours, there are some of them men that will talke their minds freely, (especially to company in a Taverne,) by meanes of which it is impossible but the Parliaments gold and silver, which the helpe of Mr. Thomas Scots “agents or spies, which he hath in all Nations of Europe (But especially neare unto the Prince) by their intelligence will be to hard for them all, and thereby know the bottome of their greatest designes, before they be a quarter ripe for execution.

Secondly, because, by my discourse with some of them I find, that not only the Prince himselfe, but his cheifest Councellours, are for his comeing in by force and conquest; which is a principle I as much hate as any man in the World doth: and have given as cleare testimonie against such a Principle and practise in any person what soever as any man upon the face of the earth ever did or durst doe, I am confident of it. But besides; I have prosessed to be a man of Conscience and one that could die for his principles and never could be threatned from them, nor courted out of them, by anie persons in the World what soever. And it hath bin one of my maine principles, and so declared by the constant series of my practise, that evil must not be done by any, that good may come thereby. The Apostle by the Spirit of God, haveing concluded the damnation of such practisers to be just, Romanes 3, 8. but if I should out of Machiavel or any other Politic Author learne such Principles, as to joine with the Prince or any other Interest whatsoever, out of a designe of being revenged of my adversaries, to conquer the People Edition: current; Page: [7-200b] of England, that thereby he or any else might rule over them by his will and pleasure: I should not only account my selfe, one of the greatest murtherers in the World but also one of the basest fellowes that ever breathed upon the face of the earth. Knowing very well: that none is to rule over the sonns of men by will and pleasure but God only and alone. But truly, I am afraid my LORD GENERALL CROMWELL HIMSELFE hath really that latitude in his Principles, that will easily lead him out and permit him to act such a practise, as I dare pawne my head, by his actions for many yeares together, clearly to evince and Manifest. And it may without a speedy reconciliation in short time prove the subject of my pen. And therefore he haveing such Principles within himselfe, may judge thereby that I have the like, and thereby may be left to as large an elbow-roome as himselfe takes.

But for disputacions sake, at present, admit that I am so. Yet truly I must tell you, I have red Machiavil and the History of the Kings of Israel and of Iudah contained in the Scripture, and many other Histories and also within this 15 yeares have seene aboundance of experince even in England it selfe; out of all which I cannot see the least ground to draw any manner of inference, to induce me to side with a man or Interest of men, that are beaten out of all, and totally to forsake mine owne Interest among those, that live under those, that are in possesion of all manner of power and strength; or to thinke that ever by a forreign Arme or power of force, he can ever probably overturne them. Especially considering experience teacheth me, assuredly to knowe that his bare attempting and endeavouring of it, joines them in England all together in one against him; although in many other things they are much divided amongst themselves. I am sure of it in Scripture I read, that when Absalom had a mind to be King of Israel, he did not presently goe about to raise force to obtaine it, although he nor none of his interest were ever beaten before, but he courted the People and stole away their hearts, by observeing to them his Fathers negligence to doe the people right, when they came to complaine, and handsomely reproveing of it in him, by telling the People there was no man deputed by the King to heare them: and therefore before the People he wished O that he were made a Judge in the Land, that every man that had a suit or cause might come unto him, and he would doe them justice; and when any man came nigh to doe him obeysance, he complemented to the purpose with them, and put forth his hand and tooke them and kissed them: by meanes of which he rivetted himselfe in the Peoples hearts and affections: and in process of time thereby he made his Father King David to flie before him, 2 Sam: 15: 1, 2, 3, 4, &c. So likewise JEHV for his owne ends, could cry out, come with me and see my zeale for the Lord 2 Kings 10, 16.

And as I have red the Scripture, so I have seene much experience in England, and first, I have observed the Parliament by their curious oylie and sweet declarations in reference to the People out-courted and out bid the King (who in his, stood upon the punctillioes of his prerogative) and therby won the hearts of the people from him, which proved his ruine. And afterward, in process of time, the independent party (or the great men of the Armie) served the Presbyter or the Parliament the same trick, and therfore (Sir) had I nothing of God in me, but only a graine or two of reason left me, I should never side with anie partie in the World, in endeavouring the overturning the men that rule in England, unles it were a partie that in boones and priviledges did in reference to the People outbid all parties that ever went before them in Just and rationall things and soe to ty their hands, that if they would, they should not without the apparet running the hazard of there owne ruine doe any mischeef and therfore it is that by all the honest and industrious meanes that a laborious or studious man can invent or take, will I by the assistance of God preserve my Interest in their owne bowells, amongst those honest and gallant men that live amongst them, which have held forth that in worth and exellency, that in it selfe is good and profitable for all sorts of reasonable men that are not sotts Edition: current; Page: [7-201a] and brute beasts in their understandings, that never any held out before them, videlicet: THE AGREEMENT OF the people DATED MAY THE 1. 1649. And this Interest, I shall Increase, widen, and strenghten as much as possible I can with all persons what soever that will embrace it, not doubting but that in the conclusion it will prove like Aarons rod that devoured the rods of all the Egiptian conjurers Exodus the 7 and the 20 “Swallowing up all Interests into it selfe.” And you may remember when I was indited for my life at Guildhall October 1649, that it was laid unto my charge in the said Inditement as an act of treason that I had held out in print the same thing to the Prince by name: the words of which as they were conteined in the inditement, yow may read, in the first part of the historie of my said tryall page 58, 59, 60. And I must now acknowledge unto yow, that a learned, (and I am sure of it as honest a) judge as ever I knew in England, videlicet: Baron Rigby upon a serious discourse with him: told me, in these verie words, “that if God should suffer the Prince to follow the advice conteined in the three foresaid pages; that in one three or 4 moneths after, he would not give Sixepence for all the Parliaments Interest in England.” And least I should faile of my purpose, in maintaineing the peace of mine owne Conscience, and my Interest among my foresaid honest Freinds in England, I have for many yeares together and still doe give unto my selfe this mot to, “that honesty is the best Policy” as being the truest, most lasting and successfull in the world, all things being truly and duly weighed, and considered from first to last. In the maintaining of which I have for many yeares walked, and doe resolve by the assistance of God allmighty, so to doe to my dieing day, allthough all the sorrowes of the world should be my portion therfore.

And therefore it is, that I have fixed my resolution “to be irrevocably” one of those, that doe and shall hold forth such a thing to the people of England, as is truly able to take of all their jealousies and feares from them, that if I should get up with my Interest, I intend by my selfe or by my Interest, to doe that with them, which the forementioned persons did when they had obteined their ends to get uppermost, “which was to ride the people and abuse them rather worse then those that were before them, whom they had pulld downe:” and walke in larger wayies of wickednes then their predecessors, as may be clearly seen in Absalom and Jehu. for which, God cut them short as is verified by 2 Sam: 15, 10, 11, 12, 14, 23. and Chap. 16, 20, 21. and Chap. 17. 1, 2, 18, 23, 26. and 2 Kings 10, 29, 30, 31, 32. and “who ever shall read but the Parliaments first Remonstrance” dated December 1641 “printed in the first part of the booke of their declarations” page 3, 4, 5, &c. “and their declaration of the 19 of May 1642 page 207, 214. and their declaration of the 26 of May 1642 page 263, 264, 267, 270. and their declaration of August 1642 page 491, 492, 494, 496 and their Reply to the Kings answer of theirs of the 26 of May 1642 page 693. and read also their said booke page 36, 342, 656, 660, 690, and their declarations of the 6 of May 1643 and of the 17 of April 1646 in the 2 de part of the booke of their declarations” fol: 95, 879, and you shall clearly find they held forth most glorious expressions to the People; of regaining their “lost Lawes liberties and freedomes” as that which was not only their principal aime, but also as that which was their obliged duty, and (say they) “woe be to us” if we discharge not our duty, in order to which, “they adjure and call out upon all those that have any sense of piety, honour or compassion to come in and helpe a distressed state.” But they walkeing in too nigh an affinity “to Absaloms and Iehues” latter steps, the Army layes seige unto them, and tells them foundly and particularly of it: and holds forth in effect the same things which they had done before them, but with a great deale of more lustre and glorie then they had done. As appeares, by the Booke of the Armies declarations page 23, 25, 26, 35, 37, 39, 42, 43, 44.

Which pages being red with seriousnes, will make it clearly appeare, “that their words were smoother then oile, nay dropped like the hony combe, into the mouths of the hungry oppressed People. How were their words seemingly bedewed with teares of pitty and compassion Edition: current; Page: [7-201b] to the distressed people? how did they represent their hearts divided and rent in sunder with heareing the doleful cryes and beholding the bloodie teares of the oppressed? what professed gallant resolutions did the seeming deepe impressions that the peoples miseries had made upon their hearts, beget in them? how did they appearingly slight their estates and the injoyment of their nearest relations? yea and of their dearest blood in comparison of the Peoples liberties? what gallant principles of freedome and righteousnes, did they then profess? how lowd were their cries against all arbitrary powers whatsoever, and all seekers of private and particular Interests? how positive and absolute were they in their resolutions, to have all the Liberties of the Nation cleared and secured? how did they seeme impatient of any delaies or protraction of time?

What “Valiant Champions did these men appeare to bee for Englands Freedome? how did old English valour and undaunted courage to oppose the stoutest enemies of the Public Interest and advantage, sparkle forth in then upon June 4, 5, 1647. When they boldly engaged in opposition to the Parliament and their special orders, not to disband nor to divide, nor suffer themselves to be disbanded or divided, untill they had security that the free borne people of England should not be subject to the like injury, oppression and abuse as had bin lately attempted to be exercised upon them? Did ever the most faithfull patriots to the most noble Nation of England pass a larger engagement to their Countrie then this? who could have forborne to conclude, that these would have bin our worthy Ehuds” (of whose valour and bravery for his Country you may read in Judges the 3. 12, 13, 14, &c.) “that would have peirced the bowells of every oppressour and destroyer of England? who could upon the sight of this engagement but imagin, that these would never have given themselves rest, untill they had seen the top-stone laid in the beautyous Fabric of Englands native Freedome? did they not oblige themselves in this ingagement, to bid defiance to every oppressor and abuser of the People in Parliament, Committees, amongst Iudges or Lawyers and all others whatsoever? were they not hereby bound to stand like the Jewes with good Nehemiah, with their swords in their hands, not only untill Englands breaches were repaired, but also untill the strongest possible iron gates were composed and set up to defend the Conscientious Persons, Liberties and Estates of all English men from oppressors? indeed could any engage to procure more perfect Freedome for the People, then they did in this engagement? can more be said then this, that they would have security, that the People should not be subjest to the like injuries or abuses, as had bin attempted? All men know there had bin attempts to offer all kinds and degrees of wrong and abuse to the people, and therefore they promised and engaged to secure them for the future from them all.

Secondly; how were the purest, and most exact principles of Freedome and of righteousnes, professed by these, to be the only grounds upon which they thus engaged, even against the Parliament? The undefiled Law of Nature, was declared to be the rule of their proceedings. In their Declaration of June 14, 1647. the establishment of common and equall right and Freedome to the whole Nation, was promised should be their Study, all purposes and designes to advance any private Interest, were most solemnly dis-avowed and disclaimed. Yea when the Parliament unvoted and expunged at their desire from their journal Booke, those votes wherby the Soldiers were declared enemies for petitioning in order to their satisfaction; “yet these men professed such principles of Freedome and common good, that they slighted that particular reparation given them, in that great case of common concernement” And in their Remonstrance of the 23 of June 1647 declared, “that they did not value or regard their owne injuries or reparations in comparison to the consequence of the one or prejudice of the other” videlicet, “the future security of common right and Freedome in the Nation.

Nay; how did these pretended heroic patriots seeme to disdeigne selfish private Interests Edition: current; Page: [7-202a] or advantages? “they seemed to thinke it too base, sordid and unworthy for their pure Spirits to be a mercenary Armie, to serve the Arbitrary power of a state for money or gold, and therfore they disavowed their standing as such an Armie and declared; that they tooke up Armes in judgement and conscience, as called forth by the Parliaments Declarations to the defence of their owne and the Peoples rights Freedomes and Liberties?” and were not their avowed Principles as purely free, as thus truly public? for they declared, “the equitable sense of the Law to be supreme to the Letter, and to dispense with it, when the Safety of the People is concerned. And likewise. That all authority is fundamentally seated in the Office and but ministerially in the persons.” Were ever clearer principles, of Freedome planted in any heroic hearts then proceded from these mens mouthes; and “they penned even by Ireton himselfe the present Generall his sonn in Law, and apeece of his heart and soule? did not every” discerning eye, see the tendency of these gallant pure principles to be perfect Freedome and common justice? Were not the hearts of the oppressed people by the sight of these declared principles and ingagements upon them, “Filled with liveing hopes of perfect Freedome from all Kinds of tyrannie and oppression, though sheltred under never so visible and specious formes of Parliamentary power, &c.? did not every unprejudiced and truly English heart, expect that the crooked wills of men should no more have bin the measure of Englands Freedome, But only the streightest rule of Nature?

Thirdly; what fiery zeale and burning Indignation, did these our seeming saviours breath forth against those they judged the invaders of our native Freedomes and obstructers of their speedy settlement? “Were not their words speares and swords and hot burning coales, against Sir Philip Stapleton and the rest of that faction?” Did not these our hopefull and seeming Patriots, “teach the tongues of the whole Soldiery to cry aloud at New-market and Triploe heaths justice, justice, justice! against those invaders of Englands Freedomes? Was it not the first borne of their desires? yea were they not so transported with zeale for the removall of those membres whom they called apostates; that in their said remonstrance of June 23, 1646 dated at St. Albans, “they prefixed a certaine day to the Parliament for their suspension from the house, menaceing and threatening them to take an extraordinary way, unless that by the prefixed day they were suspended?” And appearingly so sollicitous were they of purgeing the house from all obstructers of justice, common good and Freedome; that when the Parliaments commissioners on July the 7, 1647 incited them to hasten the treaty betweene the Armie and Parliament for a settlement; they answered “that no comfortable effect of a trealy could be expected, so long as the Parliament was constituted of some persons, whose Interests were contrary to common good booke of their Declarations page 78” thus they presented themselven even jealous for the peoples sake, and industrious even to emulation for freedome and justice.

Fourthly; how tedious irkesome to these our seeming deliverers were the delaies in clearing and secureing the peoples liberties, when the hopes of the People deferred made their very hearts sick: page 77? How did they profess the nearest and dearest sympathy with the peoples oppressions in their said Declaration of June 14? And did they not upon July 23 declare, that their respect to the peoples safety inforced them to admit of no longer delayes, and that they could allow the house not above four or 5 daies wherein they might give assurance and security to them and to the People of a safe and speedy proceeding to settle the Armies and Nations Rights and Freedomes?

Thus the speedy settleing of common right and Freedome was visibly and declaredly the choycest object of all their actions and intentions, that was seemingly the golden ball of all their contention, “the fruit that their soules so exceedingly seemed to lust” after, and the ultimate pretended end of all their painfull and hazardous race? “Whatsoever they desired Edition: current; Page: [7-202b] for themselves, was professed to be insisted upon onely, in relation to the public ends afore said.” Did not their Hearts seeme so far inflam’d with desire of the settlement of the peoples right and Freedomes, “that no quiet, rest, content, or satisfaction of mind could possess them so long as the People groaned under tyranie and oppression?” yea they seemed so far to preferr the peoples good before their owne advantage, “that they declared they would never have entred into so hot a contest with the Parliament for reparations for their private wrongs and abuses suffered from them, or their incroachments upon their particular Freedomes, had not their suffering those particular wrongs, bin prejudicial to common and universal right and Freedome.

Now Sir; Behold these your great commanders and seemingly Religious Freinds thus cloathed with the glorious garment of their owne Declarations, of such a curious texture; thus adorned with variety of the fairest promises as so many “bright oriental pearles,” and doe they not appeare like “Absolom, without spot or blemish from head to foote” 2 Samuel 14, 25, “are they not like to Saul higher by the head then all the people 1 Sam: 9, 2. “can you forbeare to cry, there is none in the world like unto them?” Did ever more hopefull sonns spring from Englands fruitfull wombe? Did ever more lightsome starrs arise in this Horizon? “Did not their hearts seeme to be the thrones of righteousnes, and their brests the habitation of goodnes and compassion to the oppressed and afflicted? was not justice as a robe to them, and mercy as a diademe? did they not appeare” to goe forth in the strength of the Lord, To breake the Jawes of the wicked and oppressors, to pluck the spoile out of their teeth? Did they not then give such hopes of deliverance to those who were bound in chaines of tyrranie, and of releife to the poore afflicted, who had none to helpe them, “that the eares that heard their words rejoyced? and the blessing of many which were ready to perish, came upon them?

And what Egle-eye could at first discerne, “that this glorious cloathing, was but painted paper?” what jealous heart could have imagined, “that these promiseing Patriots, were only sweet mouthed dissemblers?” Who could have harboured the leasts suspition that these seeming visible starrs of heaven, “were but blazing Comets?” that would quickly turne their backs as they have perfectly done upon all these glorious promises and declarations, and prove the vilest apostates that ever the earth bore? and have made it their worke, “to imprison, arreigne, condemne, shoot and murder men that have but put them in mind of their owne serious promises and ingagements, in which the present General himselfe hath bin the cheif ringleader. And I wish that you and many of those that “outwardly profess godlynes and honesty in England” were free from a zealous countenanceing of him in it. Although both they and hee cannot but know, that the righteous god of Heaven and earth, “brought a desperate famine upon Israel for three yeares together, because Saul had broke and violated that solemne contract, and engagement, that the Israelites had made with the heathen Gibeonites” although it was not voluntary, but obteined by fraud and deceit. Yet nothing would appease the wrath of God, and satisfie the “Gibeonites, but the hanging up of seven of the sonns of Saul before the Lord, who was the man that had broken and violated the contract with them.” At the doeing of which, “the anger of God was turned away from Israel.” All which appeares by Joshua 9, 3, 4, 5, 16, 17. and 2 Sam: 21: 1, 2, 3, 4, 5, 6, 14. And though it were that god prospered IEHV while he was doeing his worke in cutting of the “wicked house of Ahabs” & made him prosperous and victorious in all his encountres, wherby his heart was so elevated and lifted up that he cried out Come see my zeale for the Lord, yet when he turned his back upon God and the waies of Justice and righteousnes, “god then cut him and Israel short, and gave them up with a mighty slaughter to their Enemies” the 2 Kings. Chap. 10. Therfore as a man that intirely loves my native Countrey I shall request you to commend unto the serious and Edition: current; Page: [7-203a] hearty consideration of the LORD GENERALL and his Confederates the Advice of their valiant and learned Champion Mr. MILTON, who haveing much spent his eloquence to rout the forces of SALMASIVS, in the Epilogue of his Latin booke, “called a Defense of the People of England” turnes his speech to his Masters that had set him on worke, whom he with much faithfullnes and Freedome bespeakes on this manner. “One thing is remaineing and that haply of the greatest moment, that you o my Countrymen and Fellow-Cityzens should your owne selves undertake the refutation of this your adversary; which I doe not see how you can otherwise possibly effect, save by endeavouring with tooth and naile to make your gallant actings the eternall confutation of all your Enemies raileings. God did graciously give care to your Vowes and most ardent petitions, when being oppressed with more then a single bondage” you fled to him for succour. You in the first place among all Nations has he gloriously delivered from Tyranny and Superstition, the greatest plagues, doubtles, of humane life, and most prejudiciall to all virtue and true Gallantry. “Into you it is that he hath infused that height of courage, as that you have not doubted to be the first of Mankind, that have by a famous judgement tryed a King and punnished him being condemned, after that you had by your Armes procur’d his Conquest and surrender. After which so glorious a transaction, you ought” not now to thinke, much less to act any thing that is Mean and Low. “Which that it may be your commendation, you have no more to doe, but to take this course; namely, to make it appeare to all the World, that you are as well able in the middest of peace and disarmed, most valiantly to conquer Ambition, Avarice, Mammon and those corruptions of manners that attend prosperity; wich are wont to conquer other Nations and generations of men; as you have bin to vaquish your Enemies in a time of Warr; and to shew forth as much Iustice, Temperance and Moderation in the preservation of your Liberties, as ever you have manifested courage in casting the yoake of bondage from of your necks.” By these arguments and these alone, “by such testimonies as these alone, you will be able to evince, that you are none of those public Enemies, Traitors, Theives, Murderers, Parricides, Fantastic Enthusiasts whom this man railes upon; that you have not, moved with ambition or a desire to invade anothers right, nor pricked and spurred on with sedition, any base lusts, madnes or fury, murdered a King: but that you have, being inflamed with the love of liberty, religion, justice, common honesty and your native Countrey, punished a tyrant. But if (which I beseech thee o good God may never come to pass) your minds shall be otherwise enclined, if haveing bin valiant in warr, you shall in time of peace prove base and unworthy; you who have had manifest experience of Gods fighting in such a manner for you and against your enemies; if casting behind your backs so rare and never to be for gotten an example of divine Presence” you shall forget to feare God and execute Righteousnes; “for my part I shall certainly grant and confess, (for it will be past all denial,] that all those things are true which malignant liers and railers have at any time most ignonimiously thought or said of you;” and that you shall in a short time find God more incensed with wrath against you, then ever yet your enemies have found him averse or you have felt him benigne, favourable and fatherly-affected unto you, more then to all the Nations at this time inhabiting the face of the whole earth and soe far for Mr. Miltons excellent and faithfull advice to them. And therefor now to goe on.

Is it not true Sir, that successive or new Parliaments equally chosen by the People of England are confessed on all hands, to be the very soule and life of all their Freedomes? and doe not the Law-bookes of England shew, that a Parliament (which in its owne constitution is excellent good physick but never was intended nor ever safely can be used for constant diet, because it has allwaies bin pretended by the members thereof to be unlimited and arbitrary) “was called Edition: current; Page: [7-203b] and held fresh and fresh some times twice a yeare and that even before the Conquest” as is declared by Lambert in his collection of Lawes before the conquest, amongst the Lawes of King Edgar chapter the 5, and by Sir Edward Cooke in his margent in the 9 page of his 4 part of Institutes, in the Chapter of High-Court of Parliament which with other of the liberties of England, being by force of armes subdued by the Norman Conqueror, although the people of England forced him three severall times to take his oath, after his being owned for King, to maintaine the English peoples Lawes and liberties, as being not able nor judgeing his conquest so good, just and secure a plea, to hold his new-gat crowne by, “as an after mutuall compact or Agreement with the People, or their representatives” over whom he was to rule. And therfore, as the Lord Cooke, in the foresaid Chapter page the 12 declares “a Parliament or a kind of one was held even in the Conquerors time.” See also to this purpoose, the Lawbooke of the 21 of Edward the 3 folio the 60 and “the first part of the Lord Cookes Institutes” lib: 2. Chap. 10. Section 164. fol: 110. a. and came to be more Frequently used in his Successors time, “yea even to be once in two yeares in Edward the 1 or 2 his time”. at which notwithstanding the people then grumbled as being an absolute abridgement of their ancient and undoubted libertie, ‘to meet more frequently in their nationall and public assemblies” to treat and conclude of things for their weale & better being. The want of which in ancient time, ‘lost the Island of Brittanie to the Romans” as the said Lord Cooke declares in the said 4 part of his Institutes folio 9, out of Tacitus in the life of Agricola page 306. whereupon it was enacted in full Parliament in Edward the third his time, that the King (who was the Peoples Officer of trust) “should assemble & call the People together in Parliament once every yeare or oftner if need required;” as appeares by the statute of the 4 of Edward the 3 Chapter the 14. But because this was not constantly used by that King, but that sometimes he made intervalls of three or fower yeares betwixt Parliament & Parliament, which was still a diminution of the very Soule and Life of all the Peoples liberties videlicet Frequent & Often new Parliaments: therfore in the 36 yeare of his raigne, annuall Parliaments are provided. In these very words; Item for maintenance of the said articles & statutes and redress of divers mischeifs & greivances which daily happen, a Parliament shall be holden every yeare; as another time was ordained by a statute of the fourth of Edward the third Chapter the 14. and though in after ages it hath many times bin otherwise practised, yet the statutes being still in force, the parliaments answer to the King in their booke of Declarations, pag: 709 holds good, that the practise is not argument against the right. But the late King Charles exceedingly faileing to put these Lawes in execution, in the Frequent calling of Parliaments; & also when he had called them dissolved them at his pleasure & so made them useles to the Nation; Both which the Parliament most notably declared was against his trust, in their Declaration of November the 2, 1642. first part of the booke of their Declarations, page 70, & 702, 709, &c. of which the Parliament most bitterly complained in their first Remonstrance Booke of Declarations Part 1 page 5, 6, 11 & in page 10, 11, ibidem, they positively declare, “that his destroying of those two grand Freedomes of the People videlicet, frequent, new, & successive Parliaments & free debates therein; had corrupted and distempered the whole frame & government of the Nation & brought in nothing but destruction & waies of tyranny. For the preventing of which for the future, the Parliament got an Act to pass in the 16 yeare of the late King, which was the first yeare of this long-lived Parliament, to confirme every tittle of the two fore mentioned acts for annuall Parliaments; & further, in that act they say thus, that whereas it is by experience found, that the not holding of Parliaments according to the two forementioned acts, hath produced sundry & great mischeifes & inconveniencyes to the Kings Majesty, the Church & comment weale, for the prevention of the like mischeifs & inconveniencyes for the time to come; be it enacted by the Kings most excellent Majesty with the consent of the Lords Spirituall and temporall and the Edition: current; Page: [7-204a] Commons in this present. Parliament assembled, that the said [last Forementioned) Lawes & statutes be from henceforth duly kept and observed. And most excellent & worthy to be written in Letters of gold, were and are those arguments that the Lord George Digby (though since a Cavalier) used in his public speech in the house of Commons January 19, 1640 at and for the passing of the last forementioned Law; which speech of his is recorded in a printed booke called speeches & passages of Parliament, page 12, 13 & to page 21.

And hath not the PRESENT GENERALL in his verball expressions confirmed all these things as most righteous and just? for, was it not hee or his sonn in law IRETON (lately deceased) that drew that excellent declaration of the Army dated Iune the 14, 1647 printed and published in the booke of their Declarations page 41, 42, 43 where they positively declare, “that they were so farr from designeing, or complying to have an arbitary power fixed or setled for continuance in any persons whatsoever, as that (say they) if we might be sure to obteine it, we cannot wish to have it so in the persons of any whom we could most confide in, or who should appeare most of our owne opinions and principles, or whom we might have most personal assurance of or Interest in, but we doe & shall much rather wish that the authority of this Nation in Parliaments” (rightly constituted, that is, “freely, equally & successively chosen” according to their originall intention) “may ever stand & have its course & therfore we shall applie our selves chiefly to such things, as (by haveing Parliaments settled in such a right constitution) may give most hopes of justice & righteousnes to flow downe equally to all, in that its ancient channel, without any overtures, tending either to overthrow, that foundation of order & government in this Kingdome, or” to engross that power for perpetuity into the hands of any particular persons, or partie whatsoever. “And for that purpose, though (as we have found it doubted by many men, minding sincerely the public good, but not weighing so fully all consequences of things) it may and is not unlike to prove, that, upon the ending of this Parliamet, & the election of a new, the Constitution of succeeding Parliaments as to the persons elected may prove for the worse many waies; yet, since neither in the present purgeing of this Parliament, nor in the Election of new, we cannot promise to ourselves, or the Kingdome, an assurance of justice, or other positive good from the hands of men, but those who for the present appeare most righteous & most for common good (“haveing an unlimited power fixed in them for life or pleasure”) in time, may become corrupt, or settle into parties, or factions; “or, on the other side, in case of new Elections, those that should so succeed, may prove as bad or worse then the former.” We therfore humbly conceive that (“of two inconveniencyes the less being to be chosen”) the maine thing to be intended in this case (“and beyond which humane providence cannot reach, as to any assurance of positive good”) seemes to be this, viz. To provide, “that how ever unjust or corrupt the persons of Parliament-men, in present or future may prove; or what ever ill they may doe to particular Parties (or to the whole in particular things) during their respective termes, or periods” yet they shall not have the tempation or advantage of an unlimited power fixed in them during their owne pleasures, “wherby to perpetuate injustice and oppression upon any (without end or remedie) or to advance and uphold any one particular partie, faction, or interest whatsoever, to the oppression or prejudice of the community, & the enslaveing of the Kingdome to all posterity; but that the people may have an equall hope or possibility, if they have” made an ill choyce at one time, to mend it in another: “and the members of the House themselves may be in a capacity, to tast of subjection as well as rule, & may so be enclined to consider of other mens cases, as what may come to be their owne. And speakeing a little” after of the Parliament whose power they say is so arbitrary & in a manner unlimitted; in which regard, “it is most unfitt & dangerous” (as to the Peoples interest] “to be fixed in the persons of the same men dureing life or their owne pleasures;” they add, that “Neither by the Originall constitution of this state, was it, or ought it to continue Edition: current; Page: [7-204b] so, nor does” it (where ever it is & continues so) “render that state any better then a meere Tyrannie, or the People subject to it, any beter then Vassals: But in all states where there is any face of common Freedome, and particularly in this state of England (as is evident, both by many positive Lawes, & ancient constant custome) “the people have a right to new and successive elections unto that great and supreme trust, at certaine periods of time, which is so essentiall & fundamentall to their Freedome, as it cannot, or ought not to be denied them, or with-held from them, and without which the house of Commons, is of very little concernment to the interest of the Commons of England. And therefore a little” below they positively desire, that some determinate period of time may be set for the continuance of this and future Parliaments, “beyond which none shall continue and upon which the writts may of course yssue out and new Elections successively take place accordingly. And thus (say they) a firme foundation being laid in the Authority and constitution of Parliaments for the hopes, at least, of common and equal right and Freedome to our selves and all the Free-borne people of this Land, we shall for our parts freely and cheerfully committ our stock or share of interest in this Kingdome into this common bottome of Parliaments” and though it may (for our particulars) goe ill with us in one Voiage, yet we shall thus hope (if right be with us) to fare better in another. And did not the present Generall in his proposalls of the 1 of August 1647 published to the view of the whole Nation, “press that a certain period may by act of Parliament be set for the ending of this present Parliament, and that such period be within a yeare at most?” See the booke of the Armies Declarations page 112. And did not the present Generall in his Remonstrance of the 8 of August 1647 declare, “that it was his ernest indeavour and the indeavor of the Armie, to settle a sound and lasting peace on good termes for the Interest of the Nation? but in stead of the hoped for fruit of their labours and hazards and of the Nations vast expence (in the dispenceing of justice and righteousnes and the settleing and upholding of common right and Freedome to the people of England) wee found (saith the Generall &c.) immediatly the cross workings of a strong and prevalent partie in the parliament and Kingdome, who [walkeing under the maske of the Parliaments Freinds but being in truth men of corrupt and private ends and Interests, different from and destructive to the real and common Interest of the Kingdome) made use of their power to obstruct & pervert justice, to injure, oppress and crush the peaceable and well-affected people of the Kingdome; to abridge and overthrow all just Freedome and liberty, and drive on designes to set up a partie and faction in the Parliament and Kingdome, and (by the advantage of a PERPETVAL PARLIAMENT] to dominere over and enslave the Kingdome to posterity, and for that end to make such a peace with the King (if any] as without any just provision, for the common and true Interest of the People and the security therof for future;” which [saith the Generall &c.) we were called out to vindicate and defend and had so long fought for, those being (saith he &c.) those just and public ends for which so much blood and treasure hath bin spilt and spent in the late warrs. See the booke of the Armies Declarations page 129, 132, 134. Did not the Armie in their grand Remonstrance, of 16 of November 1648 presented by them to the Parliament by the hands of COLL. EWERS (once my Major] and other Officers, and tendered by them to the consideration of the whole Kingdome, say as much for the necessity and utility of constant, equall, and successive Parliaments, as it is allmost impossible for any men in the world with tongues or penns to say more. Reade their expressions in page 15, 45, 46, 52, 56, 66, 67, 69. and are not these part of their words, where speaking to the Parliament, doe they not earnestly desire them; First, “that they would set some reasonable and certaine period to their owne power, by which time (say they) that great and supreme trust reposed in you shall be returned into the hands of the people for and from whom you received it, that so you may give them satisfaction and assurance, that what you have contended Edition: current; Page: [7-205a] for against the King (for which they have bin put to so much trouble, cost and loss of blood) hath bin only for their Liberties & Common Interests & not for your owne personall Interest or power. Secondly, that there may be a sound settlement of the peace and future Government of the Kingdome upon grounds of common Right Freedome and Safety, to the effect here following.

First, that from the end of this, there may be a certaine succession of future Parliaments) ANNV ALL OR BIENNIALL with secure provision. 1 For the certainty of their meeting, sitting and ending. 2 For the equall distribution of Elections thereunto, to render the House of commons as neare as may be an equall representative of the whole people electing. 3 For the certainty of the peoples meeting (according to such distributions) to elect, and for their full Freedome in elections. Provided that none who have ingaged or shall ingage in warr against the right of Parliament and Interest of the Kingdome therein, or have adhered to the Enemies thereof, may be capable of electing or being elected (at least during a competent number of yeares) nor any other, who shall oppose or not joyne in agreement to this settlement. 4 That it be declared, that (as to the whole Interest of the people of England) such representatives have and shall have the SVPREME POWER & trust, as to the makeing of Lawes, Constitutions and Offices, for the ordering, preservation, and government of the whole, and that in the NEGATIVE they may not render up or give or take away any of the foundations of common-right, liberty or safety conteined in this settlement & agreement: And this to be established by a Generall contract or agreement of the People, which they there require may have their Subscriptions thereunto, and that withall it may be provided, that none may be capable of any benefit by the agreement who shall not consent & subscribe thereunto, nor any King be admitted to the Crowne, or other person to any Office or place of public trust without express accord and subscription to the same: and also they press the Parliament to consider such special overtures as have bin tendred to them, in the petitions of wellwishers to public good “and especially and particularly That large petition from many in and about London dated the 11th of September 1648:” that so they may when they lay downe their trust (which they press may be speedily) leave a good favour behind them, both to the name of Parliaments & also of men prosessing Godlynes and therein cheifly to the honour of Allmighty God, who hath (in his rich grace and mercy) done such wonders for them.

And did not the present Generall & the rest of the Officers of the Armie draw up and cause to be presented unto the House upon the 20 of January 1649 or rather 1648 by Lieutenant Generall Hammond, Coll: Okey and other Officers of the Armie, a petition and a draught of such an Agreement, which was afterwords by their order printed at London “by Iohn Partridge, Rich: Harford, Giles Calvert & George Whittington” all Bookesellers in London? In which said petition they use these very words. “Now as nothing did in our owne hearts more justifie our late undertakeings towards many members in this Parliament, then the necessity therof in order to a sound settlement in the Kingdome and the integritie of our intentions to make use of it only to that end; So we hold our selves obliged to give the people all assurance possible, that our opposeing the corrupt closure endeavoured with the King, was not in designe to hinder peace or settlement, (therby to render our employments, as Soldiers, necessary to be continued) and that neither that extraordinary course we have taken, nor any other proceedings of ours, have bin intended for the setting up of any particular Party or Interest, by or with which to uphold ourselves in power and dominion over the Nation, but that it was and is the desire of our hearts in all we have done” (with the hindering of that imminent evill and destructive conjunction with the King) “to make way for the settlement of a peace and government of the Kingdome, upon grounds of common Freedome and safety.

And the introduction of the said agreement is in these very words; “An agreement of the Edition: current; Page: [7-205b] people of England and the places therewith incorporated, for a secure & present peace upon grounds of common right Freedome and safety.

“Haveing by our late labours and hazards made it appeare to the world, at how high a rate wee value our just Freedome, & God haveing so far owned our cause, as to deliver the Enemies thereof into our hands; we doe now hold our selves bound in mutuall duty to each other, to take the best care we can for the future, TO AVOID BOTH THE DANGER of returning into a slaveish condition & the chargeable remedie OF ANOTHER WARR. For as it cannot be imagined, that so many of our Country men would have opposed us in this quarrel, if they had understood their owne good, so may we hopefully promise to our selves, that WHEN OVR COMMON RIGHTS AND LIBERTIES SHALL BE CLEARED, their endeavours will be disappointed, that seeke to make them selves our Masters. Since therefore our former oppressions, and not yet ended troubles; have been occasioned, either by want of frequent national meetings in councel, or by the undue or unequal constitution thereof, or by rendring those meetings uneffectuall. We are fully “resolved & agreed (God willing) to provide, that hereafter our Representatives be neither left to an uncertainty for time nor be unequally constituted, nor made useles to the ends for which they are intended” In order whereunto we declare & agree;

(1) THAT, TO PREVENT THE MANY INCONVENIENCYES, APPARENTLY ARISEING FROM THE LONG CONTINVANCE OF THE SAME PERSONS IN SVPREME AVTHORITY, this present Parliament end and disolve upon or before the last day of April, in the yeare of our Lord 1649.

And for the excellency common utility & safety of settleing the distressed Nation of England upon such an agreement, after the shakeing the foundations of the government therof, by so many bloody warrs, in their printed Declaration annexed to the said agreement wherby they recommend it to the serious consideration of the people of England, they have these verie words; Wee shall not otherwise commend it (that is the said agreement) then to say it conteines, the BEST AND MOST HOPEFVLL FOVNDATIONS FOR THE PEACE AND FVTVRE WELL GOVERNMENT OF THIS NATION, THAT WE CAN DEVISE OR THINKE ON WITHIN THE LINE OF HVMANE POWER, and such wherein all the people interested in this Land [that have not particular Interests of advantage & power over others, divided from that which is common & public) are indifferently & equally provided for, save where any have justy forfeited their share in that common Interest by opposeing it, and so rendred themselves incapable thereof (at least) for some time. And we call the Consciences of all that read or heare it to wittnes, whether we have therein provided or propounded any thing of advantage to our selves in any capacity above others, OR OVGHT, BVT WHAT IS AS GOOD FOR ONE AS FOR ANOTHER. And a little further in the said Declaration, they aver and say.

And we for our parts, being far from any desire or thought to assume or exercise a law-giveing, or judicial power over the Kingdome, or to meddle in anything save the fundamentall settleing of that power in the most EQVALL & hopefull way for COMMON RIGHT, FREEDOME AND SAFETY (as in this Agreement) and haveing not meanes nor time for; nor the necessity of some present generall settlement, admitting the delay of such a consideration, as seemes requisite in relation to such numerous particulars, we have purposely declined the inserting of such things into this agreement.

And did not the present GENERALL & the rest of his Officers publish a Declaration dated in December 1648: which expresseth the reasons of their then advance with their Army to London, to purge (OR RATHER PLVCK VP BY THE ROOTES) the Parliament? and doe they not in that Declaration positively declare, that the Parliaments treating Edition: current; Page: [7-206a] with the King and rejecting all better & wholsomer counsells given them IS NO LESS THEN A TREACHEROVS OR CORRVPT NEGLECT OR AN APOSTATIZING FROM THE PVBLIC TRVST REPOSED IN THEM. Yet not ASSVMING to themselves [as there in words they say] a standing power of judgement (AS OF RIGHT OR TRVST) to conclude others thereby, acknowledging that to lie most properly in those whom the people DVLY CHOOSE AND TRVST TO IVDGE FOR THEM. But considering that such power, where ever it is, IS COMMITTED BVT IN TRVST, and that neither this Nation, nor any other people DID EVER GIVE VP THEIR NATVRALL CAPACITIES OF COMMON SENSE OR REASON, as to the ends & fundamentalls of that trust. And as for the Parliaments breach of trust, there being no formal power of man in beeing to appeale to, in the present case, they positively declare, They cannot but exercise that common judgement which in their NATVRALL CAPACITY is left to them, and therfore considering that the Parliaments then BREACH OF TRVST, was so transcendently great, as that it was an hazard of totall destruction to that Interest, & to those people, for which especially (they say) the trust was reposed. And seeing there is no orderly & open way left for a just succession of another formal and proper judicature to bee appealed unto in due time, therfore they there renounced the then Parliament, AS NO PARLIAMENT AT ALL, & with confidence APPEALED TO THE COMMON IVDGEMENTS OF INDIFFERENT AND VNCORRVPTED MEN, exciteing all those that yet were faithfull to their trust in the Parliament to COME OVT & joyne with them, and in such a case of extremity they promise to looke upon them [not as a Parliament, but) as persons materially haveing the cheife trust of the Kingdome remaining in them, THOVGH NOT A FORMALL STANDING POWER, to be continued in them or drawne into ordinary president; yet the best and most rightfull that can be had, as the present State and exigency of affaires then stood; and wee shall (say they) accordingly owne them, adhere to them & be guided by them, in their FAITHFVLL PROSECVTION OF THEIR TRVST, which they there declare, to be onely in order unto (MARKE IT WELL) and VNTILL THE INTRODVCEING OF A MORE FVLL AND FORMALL POWER IN A JVST REPRESENTATIVE TO BE SPEEDILY INDEAVOVRED AND RATIFIED BY AN AGREEMENT AND SVBSCRIPTION OF THE PEOPLE THEREVNTO.

And did not the present Generall (for upon him I principally looke, and judge him in a manner to be all in all, and not only one man but; his word in England, to be more then ten thousand) lay it as an act of treason, to the late King Charles, charge his in his (for so I may truly call it) late impeachment of him, dated the 20 of January 1648: that he had KEPT OF FREQVENT AND SVCCESSIVE PARLIAMENTS OR NATIONAL MEETINGS IN COVNCEL, which (as before is averred) ought to be once every yeare or oftner if need require? And did not the Generalls then two principall agents, to wit, the LORD PRESIDENT BRADSHAW and Mr. JOHN COOKE now Lord cheife justice in Ireland, notably with all their Eloquence and Rhetoric aggravate that against the King, as a most transcendent crime? see the 11 page of the Lord Bradshawes last speech against the King, being upon the 27 of January 1648, and Mr. Iohn Cooke his State of the Kings Case page 7, 11, 14, 17, 18, 20. in the last of which, Mr. JOHN COOKE averrs, THAT THE PEOPLE OF ENGLAND NOT ONLY BY SEVERAL STATVTE LAWES OVGHT TO HAVE A PARLIAMENT ONCE A YEARE OR OFTNER IF NEED REQVIRE, BVT ALLSO OF COMMON RIGHT THEY OVGHT TO HAVE IT; and that the Kings makeing of Parliaments when he called them, VSELES to the END for which they were instituted, was a crime in him EQVALL to his not calling them, for nine or ten yeares together. And I wish the present Generall, were not much more guiltie then ever the King Edition: current; Page: [7-206b] was, of all those tamperings, juggleings & mathiavilian devices, that he speakes of in his 17, 18 and 20 pages, to make a Parliament useles in any thing, BVT TO SERVE HIS OWNE LVSTS AND OPPRESS THE PEOPLE THEREBY. So that then by Mr. Iohn Cookes conclusion, to speake in his owne words, the Generall may throw the gauntles & challenge all the MACHIAVELS IN the world to invent such an EXQVISITE PLATFORME of tyrannicall domination & such a PERFECT TYRANNIE without MAIME or BLEMMISH as he is Prince or Emperour of, and that by a Law, which saith Mr. JOHN COOKE is worst of all.

And did not the present Generall before the late battel at Worcester, ingage and promise before God & several Officers of his Armie, & of the good people of England; that if God blessed him with that victorie, he would immediately be the effectual instrument to procure unto the people of England their naturall common, legal and undoubted birth-right, TO ELECT AND CHOOSE A NEW PARLIAMENT? and did he not after the battaile, engage the same? and did he not come up to London and in the Parliament House immediately after his comeing up express himselfe full of zeale for the immediate calling a new-Parliament, “As that which they were bound in Conscience and duty both to God and Man forthwith to call”? And were not the Spirits and Hearts of thousands and ten thousands of the honest people of England refreshed thereby, and cried him up as their earthly Saviour & Redeemor therfore? yet was his carriage therein any other then A PERFECT CHEAT AND DECEIT, on purpose in peace & quietnes to get disbanded & scatterd all those forces that in their hearts longed for it, and in their words expressed so much, and it may be he feared were at Worcester twice so many, as hee, & all those that durst then joyne with him against it which necessitated him to give them good woords, and faire promises; till he got all the “new-raised forces (who were full of Life for a new Parliament) disbanded, & all his owne Regiments that he was jealous of disperst & scattered into small companies abroad in the Nation; and under the pretence of ease of the Peoples taxes, ordered hee not his Officers to disband a certaine number our of their troopes & companies of the most choycest men that he was afraid were Possessed with such principles? and did he not to the saddening of the Vniversality of honest mens hearts in England, when hee imagined he had done his worke to his hearts desire, vote & declare the Parliament should (after they had sate almost twelve yeares) sit three yeares longer if they pleased, and at the three yeares end they may sit as long as they or hee lives, if he please. So that the people shall never have a New Parliament.

And upon this, did not you and divers other honest men, Leaders or Preachers to severall of the most CONSCIENTIOVS CONGREGATIONS OF INDEPENDENTS AND ANABAPTISTS in and about the Cittie of London, repair to him, and with greise of heart freely and fully to his face lay open his wickednes in this very thing, as the most gross hypocrisie and basenes that could be acted by a man? against which, did you not tell him, you judged your selves bound in duty and conscience before God & the world to beare wittnes; & against this his practise to endeavour as of duty and of right, to the hazard of your lives and all that in this world you could call yours, “immediately to procure a new Parliament? and when by your discourses with him, he grew choleric & hot, and would not well endure freely to be spoke to, did not some of the “cheifest Independents amongst your companie” tell him to his face, “that seeing he was so altered & changed from what he used to be, that now he would not endure plainely to be told his owne, you would leave him in his declined condition and goe home to your closets, and by prayer cry aloud to God against him? and have not some of the cheifest of the same company (I meane Independents] since declared to some of their acquaintance, that they absolutely found and judged the Generall (now by cleare experience) to be as false & as juggleing a man as the worst or highest of his adversaries had Edition: current; Page: [7-207a] ever reported him to bee? and that his juggleing & deceit would be quickly the apparent hazard of the ruine of all the honest men in England? And did not you all lay your heads together and abstract the very quint-essence of your braines into reasons deducted both from the Right, Profit and Necessity of haveing a New Parliament out of hand, & the duty that lies upon your Consciences particularly, to stickle vigorously for the procureing of it? and did you not deliver the said reasons in writeing to the Generalls owne hands; and upon his continuing obstinate against your just desires, have you not since kept Severall fasts at great All-hallowes in thames street London, from morning till night, twelve 14, or 16, of you praying in one day? and have not your hearts bin listed up to God, earnestly to beg assistance from him, to inable you to goe on couragiously and actively with faithfullnes and success, not withstanding all opposition to the contrary to accomplish fully that great good for the people of England “to wit: the procureing a new-elected Parliamen for them? And hath not the Generall himselfe with his Sycophantizeing agents & Chaplaines Mr. or Dr. OWEN the new Deane of Christ-church, Mr. LOCKYER, Mr. SYDRACH SIMPSON, AND Mr. PHILIP NYE bin extremely enraged and mad with you therfore, and used to severall of you not only threats, but also sugred perswasions to cause you to desist there from; & have you not nevertheless persevered and gone on; and sent your Letters and agents to all (or the most part of] your Freinds, in all the Counties of England or Wales: to excite them to joyne with you therein? and can you now without horror of Conscience upon any pretences whatsoever, and an apprehension of the Wrath, Vengeance, and curse both of God and man to seaze immediatly upon you and your Families, goe back, sit still, or grow cold or lukewarme? especially if you but seriously read, ponder and meditate upon, what I have here writt unto you, which is all the Inference that at present I shall draw from the premises.

Only I shall now take the Libertie, to give you the reasons why I write these lines to you & the

First is, Because I know no man of mine ancient acquaintance, that prosesseth Religion, Zeale, Conscience or Common-good, as your selfe doth, that is so familiarly acquainted with all the fower forementioned great Sword-men, or the major-part of them, as your selfe is: and so well heard by them as you are: and because I hate to grapple in good earnest with the greatest adversary I have in the world, but I will (if it bee possible,) tell him before hand what weapons I will bee at with him, that so he may if he please choose a Composure, if not let him doe his pleasure, and I shall doe the best I can for my selfe.

Secondly, because I understand since I saw you, you have bin very civil and respective, to my poore distressed & disconsolate wife. and least by any after actions of mine you should repent of any civilitie you have alreadie done her, or be unwilling to doe her any more hereafter, & because I would give as much satisfaction to her (whom my soule hath loved & still doth love) (if I know any thing of mine owne heart (as intirely as ever husband loved a wife) as far as with a good conscience & mine owne Safetie I possibly can; and that I am a rationall man & willing to stoope, for her Satisfaction, so Farr as with the maintaineing of mine owne peace it may bee.

The Generall haveing medled with me, without the least shadowe of ground or cause, or the least provocation given him by me, I am confident of it; and thereby pickt a quarrell with me as “Benhadad the King of Assyria did with the King of Israel, who would not be contented with any thing that the King of Israel could profer to him, unless he would give him every thing that was pleasaunt in his eyes, as appeares the” 1 Kings 20 who paid deare enough for his Insolency as in that Chapter you may read. And I for my part, challenge the Generall to instance if he can, any one seemeing provocation that I have of late given him, for I am sure of it, since our last outwardly solemne reconcilement, I never in the least Disserved him, but waited upon him, since his comeing from Worcester at his owne House, and had Edition: current; Page: [7-207b] an houre or two’s private discourse with him in his Gallerie, & gave him all the ingagements from me that are fit, either for a man of Honour, Conscience, or Integritie to give to a great man, whose absolute vassall he cannot bee. And he assured mee he would receive no Information against me behind my back, but he would send for me and speak with me, before it should stick or find beleife with him, protesting he had absolutely buried in the grave of forgetfullnes the remembrance of all by-past things betwixt us, and now should be as ready to serve me, as any Freind I had in England, commending my Ingenuitie and proffers to him in the difference betwixt SIR ARTHVR HASILRIG & my Freinds, which was in the first place; I proffered the Generall that so hee might see, [as I told him] that I had no desire to ruffle with any that I knew hee was intimate with & that I had a very high apprehension of his Integritie & of the Justice of the cause, which for my Freinds I mannaged against SIR ARTHVR HASILRIG and therfore First, that if his Honour with deliberation would vouchsafe to heare the buysines fully, I would engage if SIR ARTHVR would doe the like, that my Freinds should engage themselves in a bond of 20 thousand pound finally to stand to his Judgement and therein to acquiesce without further struggleing. But he told me his occasions were great & many and would not permit him time fully to heare so large a busynes, as he was afraid it was. Vnto which I replied My Lord;

Then in the 2d place if your Lordship please to propound this unto Sir Arthur, that if he please to choose any two Officers in your Armie, of those that hee leaves wee will choose two more.

Or 3dly; if he like better to choose two Members of Parliament, wee will choose two more; and I will engage my Freinds shall bind themselves in the foresaid bonds, to stand to their final judgement, provided that wherein they cannot agree, that so we may have an end, your Lordship shall decide it. Vnto which he replied, it was so faire, as fairer could not be offered by any man in the world, and most solemnly engaged himselfe unto me (to use his owne words) to speake effectually to Arthur about it, and at that time tooke of me my printed Booke, against SIR ARTHVR and the “fower unjust commissioners at Haberdashers Hall: And promised me seriously to peruse it. But although I was often in his way on purpose to waite upon him to receive his commands about it; yet I never heard more of it from him, although this discourse betwixt him and me, was many weekes before Mr. Primates appeale to the Parliament. Therfore, I say, considering all these things, I must have a care how I trust a twice reconciled Enemy, especially one that hath made so many and so glorious transcendent promises to the Nation of England, and all sorts of honest Men contained in it, as hee hath allready done severall times over, (as is before truly repeated) AND MAKES NO CONSCIENCE AT ALL TO PERFORME ANY ONE OF THEM. Yet for peace sake & for affections sake to my endeared and poore wife, I will the third time now goe as low in my propositions, as possible with any safety or imaginable security I can; upon the granting of which, I will ingage to sit still and write no more against him, unless he breake the engagement first. And therefore in order to a third reconcilement, I propose in the first place, that seeing by Common right, severall ancient and moderne statute Lawes yet in force, the Parliaments and Armies fore-cited Declarations, and the Unanimous confession of all Interests and parties” whatsoever, “a new and successive Parliament once a yeare, is the undoubted birthright of the people of England” & seeing by the Generalls owne forementioned Declarations, this Parliament, THAT NOW IS, IS NO PARLIAMENT AT ALL, nor upon “his owne principles, never was since he declared and avowed they were traitors to their trust” which in the yeare 1648 he did, as has bin truly before recited; and seeing by his and his Armies owne confession (as is before truly mentioned) there is no other Safe, Secure, Honest or Iust way to provide for the calling of future Edition: current; Page: [7-208a] Parliaments in England, but by a “Popular Agreement signed amongst and by the people; that therfore he would immediately declare, and give good Cautionary security, that within three, foure or 5 Moneths time, the people of England shall choose and have sitting a new Parliament, either upon the principles of our Agreement dated at the Tower of London May 1, 1649: or upon the principles of their owne forementioned Agreement, delivered by them to the House of Commons & upon these conditions I will wave all things concerning my selfe, or the Collierie of Harraton, or my Freinds related therunto. And further; to manifest to all the world, that my present necessitated and compelled struggleing, is not to appropriate to my selfe either Government, Rule, Domination, Riches or Greatnes; I will be willing to give my full consent unto it under my hand and seale, that an act shall be passed, by this present Parliament, to make me by name uncapable of being chosen of the next Parliament, or bearing any Office in the Common-wealth of England, dureing its sitting, or comeing into England, till it bee sate.

Now, Sir, it may be the Generall may be full of Indignation and scorne, that such a nothing as my selfe should dare to make such a proposition to him, of whom it may truly by reason of his greatnes be said, as it is said in the 41 of Job of the LEVIATHAN, ‘that when he raiseth up himselfe, the mighty are afraid, the sword of him that layeth at him cannot hold: the speare, the dart, nor the habergeon. He esteemeth iron as straw & brass as rotten wood. the arrow cannot make him flee: sling stones are turned with him into stubble, darts are counted as stubble, he laugheth at the shakeing of a speare; upon earth there is not his like, who is made without feare. But if the Generall doe rage and scorne at what I say; In calmnes I answer him.

In the first-place with the words of himselfe and his Armie, as they are written in the 70 and last page of their grand Remonstrance from St. Albans 16 Novemb: 1648 which thus followes. Wee hope (say they) ‘that in Age of so much light, mere will or resolution will not be held forth or pursued against what has bin said. But that, what reason or righteousnes, there is in the things which we have said will be considered & folowed, nor let it find prejudice with you,’ (meaneing the Parliament) from any disdaigne towards those from whom is comes [being in the condition of an Armie looked upon as servants under you] ‘since servants may speake to their Masters and ought to be heard & regarded even when they speake for their owne right only, & rather when they speake for the good and safety of them they serve, but much more, when they speake of that wherein they have some joint Interest with them; and yet more, when,’ (those their immediate Masters being themselves also servants and trustees for the benefit of others) they speake for the Interest of those for whom they are employed.

But if the Generall shall hold forth nothing but mere will and resolution against what I have heere said, then in the

Second place, Let me tell both you & him, I am confident of it, very speedily in one Kind or another, he will meet with one way or another, as bad a portion as hee or they did, against whom that Remonstrance was made.

But thirdly, I answeer him in the words of the Scripture Samuel 2. 22, 26, 27, 28 and Chapter 23, 2, 3. where David speaking of God saith, With the mercyfull thou wilt shew they selfe mercyfull & with the upright man thou wilt shew thy selfe upright; with the pure thou wilt shew thy selfe pure, and “with the froward thou wilt shew thy selfe unsavoury” and the afflicted people thou wilt save, “but thine eyes are upon the haughtie” that thou maiest bring them downe. And David further goeing on saith, the Spirit of the Lord spake by me, and his word was in my tongue, the God of Israel said, the rock of Israel spake to me: “He that ruleth over men must be just, ruleing in the feare of God.” And also I further answer with those sayings of the Spirit of God, in the 2d of I say the 11, 12, 13, 14, 15 & the 3d of I say the 11, 13, 14, 15, where it is said, Edition: current; Page: [7-208b] ‘The lofty lookes of man shall be humbled, and the haughtynes of man shall be bowed downe” and the Lord alone shall be exalted in that day. For the day of the Lord of Hosts shall be upon every one that is proud and lofty, upon every one that is lifted up & he shall be brought low, and upon all the Cedars of Lebanon, that are high, and lifted up, and upon all the oakes of Bashan, and upon all the high mountaines, and upon all the Hills that are lifted up & upon every high-tower and upon every fenced wall. Woe unto the wicked, it shall be ill with him; for the reward of his hands shall be given him for the Lord standeth up to plead and standeth to judge the people, the Lord will enter into judgement with the Ancients of his people and the Princes thereof, for yee have eaten up the vineyard, the Spoile of the poore is in your houses. What meane you that you beat my people to peices and grind the faces of the poore saith the Lord God of Hosts? & chap: 5, 15, 16. And the mighty man shall bee humbled, and the eyes of the lofty shall be humbled but the Lord of Hosts shall be exalted in judgement, and God that is holy shall be Sanctified in righteousnes. And chap: 13, 6, 11. Houle yee for the day of the Lord is at hand, it shall come as a destruction from the Almighty, and I will saith God punnish the World for their evill and the wicked for their iniquity and I will cause the arrogance of the proud to cease, & will lay low the haughtynes of the terrible, and chap: 23: 9. The Lord of Hosts hath purpos’d it, to staine the pride of all glory, and to bring into contempt all the honourable of the Earth, and chapter 24, 5, 6, 20, 21. the Earth also is defiled under the inhabitants thereof, because they have transgressed the Lawes, changed the ordinance, broken the everlasting covenant. therefore hath the curse devoured the Earth and they that dwell therein are desolate. the Earth shall reele to and fro like a drunkard, and shall be removed like a cottage, and the transgression thereof shall be heavy upon it, and it shall fall and not arise againe. And it shall come to pass in that day, that the Lord shall punnish the Hosts of the high ones that are on high, and the Kings of the Earth upon the Earth, and Chap: 26. 4, 5, 6, 7, 10, 11. trust ye in the Lord for ever, for in the Lord Jehovah is everlasting strength, for he bringeth downe them that dwell on high, the loftie Citty he layeth it low, he layeth it low even to the ground, he bringeth it even to the dust. the foote shall tread it downe, even the feet of the poore and the stepps of the needy. the way of the just is uprightnes; thou most upright, dost weigh the paths of the just. But let favour be shewed to the wicked yet will he not learne righteousnes. In the Land of uprightnes will he deale unjustly & will not behold the Majestie of the Lord. and chap: 28, 2, 3. Behold the Lord hath a mightie and strong one, which as a tempest of haile and a destroying storme, as a flood of mighty waters overflowing, shall cast downe to the earth with the hand the Crowne of pride. And Chap: 29, 20, 21. For the the terrible one is brought to naught, and the scorner is consumed and all that watch for iniquity are cut of: that make a man an offender for a word, & lay a snare for him that reproveth in the gate. that turne aside the just for a thing of naught. And Chap. 40, 23, 29, 30, 31. Where it is said of God, that the bringeth Princes to nothing and maketh the judges of the earth as vanity, and giveth power to the faint, and to them that have no might hee increaseth strength. Even the youths shall faint and be weary, and the young men shall utterly fall, but they that waite upon the Lord shall renew their strength: they shall mount up with wings as Ægles; they shall run, and not be weary; they shall walke, and not faint.

Fourthly, I answer, when God will have a thing brought to pass, the sounding of Ramnishornes shall be sufficient to blow downe the walls of Jericho Joshua the 6. For when God will worke who shall let him? I say 33. 13. And when the Allmighty will have a man to act, in desperate & visibly improbable designes for him, he will compass him about, with such necessityes to goe on with his worke, that there is no evadeing it, and put him into Jeremies condition (as many times I my selfe have bin) when he forced him to cry out. “O Lord, thou hast deceived me, & I was deceived, thou art stronger then I, thou hast prevailed: I am Edition: current; Page: [7-209a] in derision daily, every one mocketh me. For since I spake, I cryed out, I cryed, Violence and spoile; because the word of the Lord was made a reproach unto me, and derision daily. then said I, I will not make mention of him, nor speake any more in his name. But his word was within me, as a burning fire shut up in my bones, and i ‘was weary with forbeareing, and i could not stay. For I heard the defameing of many, feare on every side. Report, say they, and wee will report it: all my familiars watched for my halting, saying, peradventure he will be intised and wee shall prevaile against him, and we shall take our revenge on him. But the Lord is with me, as a Mighty terrible one, therfore my persecutors shall stumble and they shall not prevaile: they shall be greatly ashamed, for they shall not prosper, their everlasting confusion shall never be forgotten. But O Lord of Hosts that tryest the righteous and seest the reynes and the heart, let me see thy vengeance on them for unto thee have I opened my cause, bee not a terrour unto me, thou art my hope in the day of evill. Let them be confounded that persecute me, but let not me be confounded, let them be dismayed, but let not me be dismayed; bring upon them the day of evill, and destroy them with double destruction Jeremy 20, 7, 8, 9, 10, 11, 12. and chap. 17. 17, 18. And give me leave without offence to say to my Lord Generall Cromwell, as God in something the like case said in the 22 Jeremy 13, 14, 15, 16, 17. Woe unto him that buildeth ‘his house by unrighteousnes, and his chambers by wrong, that useth his neighbours service without wages, and giveth him not for his work: that saith, I will build me a wide house and large chambers, and cutteth him out windores, and it is seeled with cedar, and painted with vermilion. Shalt thou reigne, because thou clothest thy selfe in Cedar? did not thy Father eat and drinke and doe judgment and justice and then it was well with him? he judged the cause of the poore and the needie, then it was well with him, was not this to know me, saith THE LORD? But thine eyes and thine heart, are not but for thy Coveteousnes and For to shed innocent blood, and for oppression and for violence to doe it. therfore, saith the Lord, thou shalt be buryed with the buryal of an Asse, without lamentation, saying Ah my Brother! or Ah Lord! or Ah his glory! Therfore let not the Generall for all his greatnes despise the day of small things. For who would have beleived or immagined 10 yeares agoe, that Oliver Cromwell a meane private inconsiderable man in comparison, should by this day have had 3 Nations at his becke and command [for I am sure of it when he & I about 10 yeares agoe by the Parliaments authoritie were first made captains, my particular Interest in England, was soe far beyond his, that I could then have easily raised a hundred volenteers to have followed my banner for his one,] and injoy really a greater power in them, then ever any of there most Absolute Kings this 500 yeares had.

Fiftly, I answere that I have heard from travellers that the ELEPHANT (which of all the beasts in the world is the most warlike one, carrying a Castle able to secure many men upon it’s backe and being in many places in the East-Indies soe expert in warr, that if an Iron chaine be tyed to its trunke, it will with it mowe downe whole rows of men, and yet for all this) of all the creatures in the world is the most affraid of the little silly contemptible pismire, the which if it Creepe up it’s trunke and git into it’s brains (as some tyms they doe) the little creature will more mad, that great, furious, strong beast, then the shakings of multitudes of speares, and the powring of shewers of warlike darts and arrows upon it.

I wish my LORD GENERALL for his owne sake haveing done soe great things in England as he hath done, may seriously consider what he will git at my hands when he hath done the worst he can to me, for if I fall I can (as I have often through the goodnes of God) rise againe, but soe can not he, for his fall if it come will bee soe great, it will breake his necke; and I looke upon him as my grand adversary, and against great nor small must I now not fight, Edition: current; Page: [7-209b] nor contest with to the purpos, saveing only himselfe; And truly I am apt to thinke (how contemptable soever he may Judge me to be) that if he force me to it to the utmost nesessitie; I shalbe able (through the strength of almighty God) to trouble him as bad, as the greatest Army of Cavileers that ever he fought with in his life did, and to make his very hartstrings to ake for skin for skin yea all that a man hath will he give for his life; But peace with him, (not only for my owne good, but the good and benifit of the whole Nation) is the thing I desire from my hart and soule.

Therefor, I will heere presume to advice him as Joab advises David, when he had like to have taken in the City of Rabbath, and therefore advised him, to gather his people together & take it in himselfe, least he tooke it, and it should be called by his name, even soe, say I, a New Parliament is the people of Englands right, and the obtaineing of one for them, is even at the very doore, I am sure of it; therfore let my Lord Generall arise, and gather his Army about him, and effectually, and in good earnest revive his or our Agreement and speedily procure thereby a New Parliament for the people, which I dare avow, infalliby to demonstrate, he may as easily, freely and safely doe it, if he will but say the word, as kiss his owne hand, & I will maintaine it he hath no real dureable safety in the world, but in the doeing of it. but I thinke Politicus in his notable preambles to his thursday newes-bookes, hath already sufficiently cleared that point. I say therfore, if he will in the hearts of the honest and understanding people of England be esteemed and bee really their darling, let him arise and doe it with all his might quickly, least I or some other contemptible or unthought of instrument or instruments, doe it for the people in despight of him, and so runaway with the honour of it, and have it called by our name. For let him remember, when the Scots first invaded England in the yeare 1639 by their declareing “they came in for to procure the English people their liberties and that they might enjoy a Parliament, which they had bin without ten or eleven yeares together, they tied the Kings hands behind his back therby, and won the Zealous stout English peoples hearts away from him, and thereby procured for the English People a Parliament in spight of the teeth of all that opposed it.” Nay and thereby made the Kings owne Soldiers knock their commanders on the head, that were leading them against the said Scots. I say no more at present, but bid himselfe make the farther application, only adding, that I am confident of it, that hee will be the highlyest esteemed man to the people of England, that is in the world, that can or shall be an Instrument upon the principles aforesaid, to procure a New Parliament for them, thereby rationally & probably to free & deliver them from their unsupportable and un-imaginable oppression, bondage and slavery which they are under, worse and greater by a thousand degrees then over it was in the worst of the late Kings times. For now, I will maintaine it, there is no man in England, that can rationally or upon any probable grounds call either his land, his trade, his Estate, his life, his wife or his children his owne, or be sure to enjoy them free from violence one single day to an end. And in the multitude of instances, I need to give you no more then mine owne which is now upon me.

For, have I done the Generall, or the Nation or any particular man in it any wrong, oppression or injustice? if it be said I have, I challenge the sight of my whole charge and a particular declaration, that I shall enjoy the benefit of the Petition of right, and the Parliaments and Generalls pass freely to come into England,, and there to stay for a time and returne back againe, without let or molestation, and I doe hereby engage with speed to meet (by Gods assistance) the greatest and stoutest adversary that I have in England there at the barr of iustice. And I am sure, if they can legally prove me guilty of any wickednes or oppression acted upon but the meanest man in England, my reputation is gone, and then all my Interest in that nation is not worth a groat. So that afterward the Generall need not in the least to be afraid of any thing that I can say or doe against him. For then it would signifie no more then the wind that blowes.

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Sir, to draw towards a Conclusion. As the Generall used to give his earthly Lords, Masters & Creators the Parliament, a few and set number of dayes viz: 4 or 5 at most, to answer his demands in: so from the date hereof, I give you three weekes, or one and twenty daies exclusive, to returne me what answer you please about this Letter, promissing till they be past, not to print and publish it; provided, by the very first post after this, you write me word you have received it, or else I shall judge Mr. Thomas Scot hath catcht it” as I am informed from London, he hath allready done some other of my Letters. for which, and for setting his spies upon me in these Countries, which I have very visibly found out, and for all his old roguery exercised towards me, and plotted against me, I must be forced when I am a little at leisure in print to pay him: and particularly for all his notorious codpeice Simony that I know of, in attempting to lie with two of my female Freinds at one time and in one bed in the same chamber, at the sugar-loafe neare the Muse by Charing-cross, being one of those many Lecherous houses he haunts and hath the command of. Which COLONEL THOMAS PRIDE now a Member of the Armie, many moneths agoe at the Parliament doore TOLD Mr. SCOT partly of to his face, but he the said Scot durst never question him therfore, nor the two woemen that (as I remember the Story from Colonel Prides mouth) were then mentioned to him to be the parties; and for his strong attempting to hire one of my quondam Freinds with the guift of two hundred pound land a yeare, firmely to be setled upon him and his heirs for ever, to sweare against me at Guildhall, at my late tryall to take away my life. I say, if it come into his hands, I beleive the Generall shall never see this Letter, till he see it in print, which I desire to avoid if it be possible.

It may be, at the sight of this, the Generall will be mad, and revenge himselfe on my Estate, and my Wife and poore Children. But let him take heed what he doth, for it is the Judgement of Christ, that the same measure a man meats should be measured to him againe. And the truth of it is, if my sentence, to morrow, WERE TAKEN OF, 1500 POVND would not, all things considered, in my worldly busynes, set me in so good a condition as I was in, the day before it passed against me. For being in many intanglements in the world, haveing scarce recovered to stand upright upon mine owne leggs, it hath allready as good as broke my back, with reference to the world. And in my absence, I heare every unworthy man, that can but pretend any thing against me, to reach me or my poore wife, takes his advantage of my absence to abuse her, and trample upon her. And Sir Arthur Hasilrig, I heare, must be doeing againe, “with his gross Knave William Huntington of Billingham in the County of Durham, against both of whose base and lying dealeings with me, preferred to the Parliament in November last against me, I made my particular and cleare defence, to the then silencing of them both, in a sheet and an halfe of paper, and presented it in print to the Parliament the 28 of November 1651 being intitled, “to every individuall Member of the supreme Authority the Parliament of the Common-wealth of England The humble Address of Lieutenant Colonel Iohn Lilburne, by way of answer to a most false and scandalous printed Petition delivered at the House doore against him, by one William Huntington upon Weddensday the 26 of November 1651. In which I am confident I have made as cleare, rational and just a defence for my selfe, as any man in the World, can make to any accusation laid unto his charge, unto which to this very day I never saw any thing by way of reply, neither doe I beleive its possible rationally and justly to reply any thing yet unto it. And I hereby bid defiance to him & all my adversaryes I have in England, to lay a farthing tokens-worth of basenes justly to my charge for 15 yeares together.

And I wish with all my soule, you would seriously read my said defence, my wife being able to furnish you therwith. But further, if I have wronged the man, which I absolutely deny in the least that I have done it, to the value of a single pin: I proffered him many times Edition: current; Page: [7-210b] faire enough, as in the said defence you may read, but he would never accept thereof, and besides, the Law was open for him when I was in England and still is, and is his inheritance as well as mine, and though I be heere beyond the seas, so that he cannot arrest me; yet let him put in his Declaration in a legal Court in England, as its commonly there reputed, and send me a Copie thereof & I will give Authority to a Freind to answer it legally for the Law is yet my inheritance, and the heart of the greatest and stoutestman in England, I will make to ake if possibly I can, that shall endeavour to deprive me of the benefit thereof, allthough I die at his feet therfore. But let not Sr. Arthur Hasilrig take upon him arbitrarily to arbitrate my estate, as I heare he is about to doe, when I give him no power and authority so to doe. If he persevere in it, it will but ad unto that great guilt of his, that I am perswaded in time will justly carry him to the Scaffold at Tower-hill or else where, which I beleive I shall live to see with mine owne eyes.

Sir; if towards peace I receive not a satisfaction answer to this Epistle, I must deale truly with you, my condition already is such, that it will force me with all the Eloquence & Rethoric that I have, to cry out aloud, as the Parliament in the day of their distrese did when they required and desired, all those that had any sense of piety, honour or compassion, to come forth and helpe a distressed state, part 1 of the Booke of their Declarations page 493. so, must and shall I by Gods assistance, with the mournfullest dittyes and bleeding teares of oppression cry out for helpe & supply, that my soule is able to powre out, either to God, to Men, or Woemen, of all Nations, relations and conditions (and publish it as farr as English, Dutch, French or Latine wil carry them, especially to all truehearted English-men, that have fought for their Liberties and Freedomes, or stood by the stuff whiles others did it, who ought to have as good a share in the liberties contended for, as those sonns of wickednes and Belial as David calls them 1 Sam: 30. 22. that would now ingross all to themselves. Who though Christians in name, may yet infinitely be condemned and reproved by the Righteousnes and justice OF NEHEMIAH, though a jew, in the like case. “Who although he 12 yeares together was Governour over his Countreymen in martial and civil affaires in the daies of their distress, yet neither he nor his Brethren all that time did eat the bread of the Government, nor bought any land, but provided for strangers at his owne cost, and at his owne table: because of the reproach of the heathen their Enemies & because of the feare of God. Nehem: 5. 9, 14, 15, 16., Nay he would not suffer the rich men in that day to exact usury of the poore men. and righteous Abraham (though not so full of religious pretences as the Lord Generall Cromwel) when he had redeemed from Captivity by force of Armes the People of the “wicked Citty Sodome, whose King would have given him for his paines all the goods he had redeemed with them; yet he scorned it, and would not take any thing that was his or theirs, noe not to the value of a show-latchet, least the heathen should say he had made Abraham rich, Genesis 14, 15, 22, 23. I say I must be forced to all sorts of people to cry out bitterly for helpe and assistance, to enable me to print thousands and ten thousands of my mournfull ditties and lamentations, and to beare the charges of my messengers and agents, by whom I must send them gratis, into all the parts & coasts of England, Scotland & Ireland; and all the Isles thereunto belonging; that possibly I can get them conveighed unto. and I doubt not; but allthough the Magistrates of Amsterdam, have allready seazed upon some of my Apologies and thereby stopt the public sale of them, being almost ten-sheets of paper in english and dutch, yet that I shall either beg or borrow mony enough, to inable me within a little time, to give them, and ten thousands of other printed papers away gratis. For I doubt not, but the Spirit of magnanimity, zeale & conscience will worke so powerfully in some of my rich Countreymen &c. (that now have no assurance by reason of that arbitrary and tyrannicall power they are under of keepeing what they possess and enjoy, nor of their lives, nor of their Liberties, wives nor children, to find out Edition: current; Page: [7-211a] wayes and meanes to send me a supply of money, to inable me like a man of mettle, courage and industry; to struggle for the obtaineing of a New Parliament for them and my selfe: to bind up, heale and cure; all the breaches of our greatly distressed and distempered Nation: & thereby to secure unto them and my selfe the Free enjoyment of our ancient ond undoubted birth-right liberties, that so in peace and quietnes with rejoyceing and praising of God, for all his Fatherly goodnes and loveing kindnes manifested to poore England, we may sit downe in security, peace, & tranquillity of mind, under our owne vines. So committing you, as my owne soule, to the sweet and gracious protection of the Lord God allmighty, the rock & Refuge, of all those that truly have a portion in him, I rest

From my Study at Mrs. Bezars house
in Sheepes-alley in the Holy-way-street,
In Amsterdam this present Fryday
being the

2 April 1652.

old Style.

Yours and Englands true and
through-pac ’t Friend

Jo: Lilburne, Semper idem.

William Kiffin

Kiffin, William

My Lord,

I Doe assure you I tooke all the care that possibly I could, that this foregoeing Letter, written to your fast and real Freind Mr. William Kiffen might be delivered to your Lordship, but seeing I have staid the outrunning of the time I did prefix in the 30 page foregoeing, and have not heard one word as yet from any body in the world, what is become of it. Although I writ divers Letters to severall persons, signifieing that I had sent such an Epistle over, yea & also gave a hint of it to your Lordship in my Letter to your selfe sent by the Post, the Copie of which thus soloweth.

John Lilburne

Lilburne, John

Amsterdam

April 2 1652

For his Excellency the LORD GENERALL CROMWELL these present.

My Lord,

AT my discourse with you in your Gallery about 4 or 5 Moneths agoe, I had thought I had given your Lordship so full satisfaction in every thing, that might remove all jealousies from you, of my disserveing you in any Kind; that of all men in the Parliament, I little imagined to have found your honour to be the principall man to bannish me into a strange Countrie, where for the Safety of my Life I am forced to print an Apologie. And because you are named in it, I judge it but manlike to send you a Copie of it. And, if I had not bin travailing last post day, I had sent it to you then. And I have also by this post sent to a Freind three sheetes of Paper in writing to communicate to your Lordship. the which, if you please to read them, you will find that you are deeply concerned in them.

I have no more to say to your honour, but to desire God for you (if it be his pleasure) to make you speedily as righteous in actions, as you were some yeares agoe in Declarations, and to take leave to say, I am yet as much honest

Amsterdam

April 2 1652

Old style.

John Lilburne as ever I was in my life,
that neither loves Flattery, nor feares Greatnes
or Threatning.

John Lilburne

Lilburne, John

May 1652.

ANd now my Lord, besides that Apologie which I sent your Honour, I have also here in Dutch and English printed the reasons wherefore I was necessitated to print that Apologie, Edition: current; Page: [7-211b] and they are dated they 4 of March last old style. and in the said Apologie to the People of the Netherlands pag: 71 I promised them speedily to print in Dutch the manifestation & Agreement of the 1 of May 1649 therein named. which, being two sheets, I have accordingly prepared for them, with about as much more additions by way of appendix to my Apologie. But seeing that upon the Magistrates stopping the public selling my said Apologie and by the “cheife Scout or high-Sherif of Amsterdam” giveing me some reasons therefore, which begot from me this Replication: “that I was a man commonly reputed to have some stock of reason in me, but being but a private individual man, and also a stranger of another Nation and banished from thence, and come here to take up sanctuary, and therfore in mine owne understanding I should judge my selfe totally void of reason or judgement, if I should press to enjoy that at their hands, which they themselves judged prejudicial to their whole nation, or any part of it, they themselves alone (and not I in the least), being the only and proper Judges of their owne good and wellfare; and therfore with all respect to them must acquiesce in their pleasure. In this regard I say (my Lord] to avoid offence, I judge it not fit to publish the said Appendix till such time as one where or an other, I can freely obtaine licence, to print avowedly, what in that kind I have to say.

Now (my Lord) it may be, severall of my Freinds in England, may wonder why all this time, I have not published the full state of the case betwixt Sr. Arthur Hasilrig, Mr. Primate and my selfe. But, I must Apologize for my selfe, that to secure my person and reputation hath taken me up much time, as also the Magistrates stopping my Apologetical Narration, hath forced me to spend much money and time to travell and looke out for my selfe, where Safely to abide and print without offence. Besides, that busynes is a long worke, & although I brought over with me above 150 sheetes of written paper of that busynes, as it was taken at the said committee in short-hand; yet for a long time, I have wanted some part of the beginning and latter end of it, as also copies of severall orders and of depositions, & I could not for want thereof goe on with it, but now by Gods assistance I shall apply my selfe unto it, with all the vigour that possibly I can.

And this, before I conclude, give me leave further to aver unto your Lordship. I am an English-man borne and bred, & to breath in the ayre of England, is as much my right as yours; & I have contested & fought with my sword in my hand for the enjoyment of my share in the Lawes & Liberties thereof, & never was convicted of doeing any action that forfeited my portion therein. And therfore, by the assistance of God, I will turne all the stones in the world, that it is possible for a resolute man & an industrious man & a man of braines to turne, to make way for my comeing to England againe & for my liveing there, in a rational security, although in the indeavouring thereof, I run the hazard of being exposed to all the miseryes and deaths, that it is possible for a man to be exposed to. And yet I hope, through the strength of God, I shall undertake nothing, but righteous and honest wayes for the procureing thereof. But this I assure you my Lord, I groundedly thinke, that I or any man else that will not be your absolute slave, can never live in a rational & probable Safety in England, so long as your will is an absolute Law there. Therefore, My Lord, sit as fast as you can: In the strength of the Lord God almighty, have at you; and if I perish I perish. But if you will let us have in England new and annuall Parliaments, upon the termes before premised, I have done, & in your doeing thereof shall rest.

Yours to serve you therein,

JOHH LILBVRNE.

From my lodgeing at that pleasant City of much refuge, that little Zoar, commonly called
VIANEN

May 1652.

POSTSCRIPT, My Lord, if you set any of your Champions to write against me be sure they set their Names to their discourses, or else truly my Lord I shall take you your selfe for the Author of every paper that comes out against me, & so nominally reply upon you.

FINIS.

Edition: current; Page: [7-212]

William Walwyn

Walwyn, William

May 1652

15.

7.15 William Walwyn, Walwyns Conceptions; for a Free Trade (May 1652).

Editor’s Introduction

(Placeholder: Text will be added later.)

W WALWINS CONCEPTIONS; FOR A FREE TRADE

To the Honble Committe for Forraine Affaires Sitting at Whitehall

The humble conceptions of Wm Walwin referring to this Quere vizt whether the restriction and Government of Forraine Trade by Companyes: Or leaving the same equally free to all Englishmen would bee most profitable for the Comon wealth

Humbly sheweth

That seing those who desire a continuance of forraine trade under Companies, and those that propose an absolute freedome therein, doe both hold forth the publike good, as that which ought to be submitted unto: The first thing necessary towards a resolution, seemeth to be a discovery of the true way of discerning what is to be deemed a publique good in England:

And that (if the voyce of experience have any Credit) is to find out what is Common Right in England; Those things which are of Common concernment alwaies adiuged and claimed as native right both before and after alterations (such are common Rights) having ever proved to include what hath been most proper and commodious for the Common-wealth and best for every particular person whose Interest hath not been opposite to that of the publique:

The which Rule of Discovery proving sound and good in this quere of Forraine Trade, the ancient and continuall Claime of Right unto a generall freedome of Trade by Parliaments and the most industrious people at all times, both before and since the alterations and obstructions made therein by prerogative, would necessarily conclude that for forraine Trade to be universally free to all English men alike, would be most advantagious to the Common wealth; Scarce any the most noted and knowne Right of the Nation (if Parliaments themselves) having been more constantly claimed as Right.

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And though this way of discovery of what is to be deemed a publike good and best for the Commonwealth of England may at first appeare not so pertinent to the solution of the question before you; yet be pleased to favor it so fair, as to admitt a serious consideration whether in this and all other queries touching publique good, it be not the safest and speediest way affording and contenting it selfe with a moderate generall experienced good, such as at best men or Nations are capable of, avoyding that uncertainty innovation and a possibility of ever changing for the worse, which either vaine hopes of perfection or pretences of greater good to the publique (the originall of most if not all Companyes) might strongly but pemitiously perswade unto.

For if it be thoroughly considered, it will (as is humbly conceived) apeare that the waveing of this Rule of Discovery of what is most good, by what is most antient certaine and continuall claimed Right, (Except in cases of iminent & extreme danger) for any other way of Discovery, hath generally (if not ever) proved of sad consequence to the Comon wealth and hath been so apprehended in most of former ages; Motions or pleas against comon & knowne Right, though upon never so specious pretences, being hardly admitted, ever suspected, and sometimes deepely censured.

And seemeth to have been soe upon good and sollid grounds; for waive but this Rule, and admit but pleas and motions against knowne Right, upon pretences of better and more profittable things, and an entrance is thereby given and roome made for Art, Sophistry, and corrupt policy to practise upon and against any or all the ancient liberties of the Nation, to baffle Reason, hold Argument for ever, untill at length it hath prevailed (as in times foregoing this Parliamt:) but never without glorious colour and glosses of publique good, to a Totall subvertion of Publique Right and an inundation of oppressions & grevances; amongst which the restriction of Forraine Trade by Companyes (in the beginning of this Parliament) was not esteemed the least.

So as the premises seriously considered, with what farther may arise in your grate wisdomes, possibly this breife way of discovering will conduce most to the good of the Common wealth in this case may appeare most proper and effectuall, and of it selfe so sufficient to prove this so antient a continuall claymed Right, as freedome to all English men in all Forraine Trade is knowne Edition: current; Page: [7-214] to be, as needs no other argument to prove it more profitable for the Commonwealth, then any way of a restriction on Companies whatsoever.

But least this way of proving should seeme too strictly & precisely fixt upon the poynt of Right (which yet is humbly conceived to be the best) to make it manifest that (as all other the knowne Rights of England) so this of freedome of Trade doth comprize that wealth & essentiall publique good which in reason can justly be expected, and far beyond what possibly can be attained by restriction or the Government of Companies:

It is farther humblie offered That if the good of the Commonwealth accruing by forraine Trade consisteth as surely it doth,

1. In the improvement of Land by the buying & transporting of Native Comodities

2. In occasioning profitable Labour for all industrious people, in buying and transporting all sort of Manufactures, and bringing of all sorts of unwrought samples & materialls of Gold & Silver:

3. In keeping other Nations from making the like unto our home Manufacture

4. In the increase of Shipping:

5. In the increase of Marriners:

6. In being more secure from advantages of Forraine States:

7. In the increase of Wealth and plenty:

All these are (as is humbly conceived) manifestly to be proved be effected most certainly & substantially, by admitting an universall freedome in all forraine trades; and that by this undeniable production thereof. The increase of Merchants.

1. For as to Merchants increasing (as increase they must in few yeares) they will not continue plodding to one or two townes in a Nation or Province, Trading in a stately manner upon set Dayes, with Grossiers, in great quantityes, making up their gaines in the grosse; but will be dispersed in every Haven and Towne, furnishing (not Grossiers that gain great estates out of our Native Comodities, and soe render them deare to the last user) but the last sellers, and so will be able to give at home the better Rates, which in conclusion redounds to workemen of all sorts, to Farmers, Owners & Land.

2. The numerousness of Merchants will occasion a strife & emulation among them, who shall produce the best ordered goods; and so will be more exquisite in the workmanship of Edition: current; Page: [7-215] dyings and dressings & the like, and give greater prices for worke; whereas Merchants in Companyes have noe need of such diligence, none being at the places of their sale, but themselves, or very few others: what they have must be taken, there being no other to be sold and workmen must worke at what Rates they please, worke being generally scarce through the scarcity of Merchants: and by setting their owne time of shippings, they make their own Markets for any their Commodities which impoverisheth the maker, worker, grower, growth & Land. The more buyers, the more is bought & sould, all comers of the world would be found out; noe good towne in any province, but where English Merchants would be resident; whence they would returne the Comodities of their respective places from the first hand, and so upon cheaper Rates then to be brought from all parts to one or two Townes in a Nation through divers getting hands, and at great charges; and if any Money of Gold Silver or Bullion be in any place, it could not but find the way to England.

3. They being numerous, and so dispersed into every town & with their fresh goods upon a neat Charge, exempt from Companyes impositions, could be able to sell upon reasonable Termes, & to supply all occasions, as would necessarily beat downe the making of any goods like unto Our Native Manufactures, and by their residence in all Creekes & haven Townes, their own Interest would bind them to watch against the bringing into any forraine parts either Wools or Fullers Earth, more carefully and certainely than any Officers can doe; the want whereof, and the Residence of Merchants in one or two set places, giving advantage & opportunity thereunto; they growing Rich notwithstanding; which hath been of infinite prejudice to this Nation.

4. The numerousness of Merchants would necessarily increase the number of Shipping; as may be seen amongst our diligent neighbours, and good & large & usefull Ships too; although hardly any Merchants ships are soe serviceable or to be trusted to, for Warr or for defence and protection, as those that are built purposely for these uses by the State.

5. Mariners would be exceedingly increased (a thing of very great moment) inriched and incouraged thereby; being free to make the best use of their longe, dangerous voyages to the East & West Indies, to Turky, Spaine, France, & all places; & to Trade and buy & sell with their small stocks, & to make their Edition: current; Page: [7-216] returne in jewells or any Commodities without that feare & danger incurred from Companyes: every ten shillings, as in some Countries, would be improveable; even servants would adventure their wages with them, and they would in shorter time become able & profitable members of the Commonwealth.

6. The numerousness of Merchants would occasion that as to long voyages and far distant places (as to East & West Indies & the like) many would joyne together for one place, & others for another, in waies forseen to be as secure as Companyes, whether to sea or Land dangers: but being in small inconsiderable bodies. States would have noe such temptations to worke upon them, they being of noe considerable capacity to afford them much at any time, unto which Companyes have been ever liable.

7. And although possibly for some few yeares this inlarging Trade might not produce so many wealthy men, as have been in the same time by Companies, most of them being borne Rich & adding wealth to wealth by trading in a beaten Rode to wealth, wherein noe other had liberty to set his foote, yet it will produce Thousands me of able men to beare publique Charges or what other Publique occasions they may be called unto.

All which, & probably much more may (as is humbly conceived) justly said in behalfe of an absolute & universall freedome in forraine Trade. And where it is said on the other side, that Company merit much for finding out of Trades; it is very doubtfull who were the first finders, commonly the first are after a time forgotten, and Companyes grow up after the Trade hath been Ripened and is worth the gathering; then upon Pretence of Reformation (the true ground being to hinder the increase of Traders that for their particular gaine might not be abated) they combine togeather into Companyes; this usually hath been their Originall; however the Law gives noe priviledge to inventions that are once discovered, and only fourteen yeares particular use for incouragement beyond discovery; soe as that in this Case is noe plea.

And for their being at great charges; it being upon a Purchase from prerogative, and against common Right and Common good, the former rule being good is soe farr from deserving Encouragernent that it should not be so much as mentioned; & for having the benefit of mutuall Councells one with another, it is knowne that there is not that Union that is pretended, but that strife & contentions & circumventions doe abound amongst Edition: current; Page: [7-217] them, the greater lying more heavy upon the more moderate Traders, and the less heavyiy complayning of their manifold burthens, by their many unreasonable Orders, Oathes, fines, Censures: soe that however through Custome & Tradition they are wedded ever superstitiously to continue in this way of a perplexed Society, pleasing themselves in spending very much their time in Courts & meetings about others affaires, doubtless their Lives would be much more Comfortable, and their Trades as gainefull upon the score of Generall & equall freedome, had they hearts & Courages to prove it; Especially considering that their Consciences would not be burthened with taking away others Rights for their owne advantage, nor ly under so much hatred for the same as now for many yeares they have done; very many beleiving they have been much injured by them, and some undone.

But all being said that can be, there will not faile multiplicity of words to the contrary, and although the Right & the publique good both are conceived to be undeniably with generall Freedome of Trade; yet the Companyes have at present the advantage of possession, which (all things considered) is very hard on the other side; especially in that the one hath its foundation in Common Right, the other in prerogative, the Common Enemy; so as possibly it were but equall (prerogative being a kind of Forcecible entry) first to put the people into possession of this their Native Right; and then let Companyes or those who have a minde to be such, offer their merits & reasons for their Incorporations, as they shall see cause, if they can justly doe it.

And truly it can hardly be discerned how this Controversy can ever come to a right & good end, so as the Parliamt shall receive full satisfaction therein, except either they be pleased to proceed to judgmt upon the ground of knowne Right, & thereupon resolve that Right shall take place as not counting but the yssue must be good: Or else that they will be pleased for Rights sake, to make an experiment of a free Trade for halfe the number of yeares that hath been made proofe of by Companyes; affording only attention thereunto, which is the only thing requisite from Authority. In which time, God preserving the Nation from the banefull interposition of prerogative & its money taking faculty, possibly so great an increase of wealth & strength & prosperity would be seen in short space of time, compared to the long continuance of the contrary Course, as would give a finall & Edition: current; Page: [7-218] happy solution to this Quere to the contentfull satisfaction even of those that have most contended for the continuance of Companies, & have most opposed Trades freedome; & to the universall good of all well minded people: which is the harty desire of the Author of these weake conceptions, & which with what also is in him, he humbly tenders to the service of your Honours, beseeching your favourable construction of all & every part

As (in duty bound) &c.

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15 June, 1652

16.

7.16 Anon., Zeal Examined (15 June, 1652).

Editor’s Introduction

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To the Ingenious Reader.

Reader,

THou mayest possibly have little patience, to look into a Question of this Nature, at this time of the day, when the light of the Gospel of Peace, dawns so sweetly round about us, and when the wrathfull dealing even with Papists as Idolaters is so commonly disclaimed. And thou mayest likely be more desirous to see something in Apologie for the most spirituall Persons, that are now like to be ensnared by some new devices, then for those dark and Idolatrous Worshippers.

And truly I cannot marvell at this temper in thee, for I beleeve I should never have made choice of this Subject as the first to discover my Infirmitie by, in this so publike a way, had I not been constrained thereto by a Reproof upon my Spirit, for dealing too sharply with a friend in an occasionall Dispute upon it, and so was made to write him this Discourse (as to the Substance of it) in way of amends,The occasion of writing and publishing this Discourse. and sent it him about a twelve month since, without a thought of making it more publique. And that (with some alteration) it comes forth now, is more for the sake of some spirituall Persons that are in danger to bee wounded by this principle of Force in matters of RELIGION, then for the sake of those Edition: current; Page: [7-221a] Idolaters whose case seems principally to bee handled therein. But yet I confesse it was my Infirmitie that I was not as ready to doe as much for the Truths sake as the first, as for the persons sake now: And that I doe more for my Brethren of my Profession and Interest, then for those of a contrary Profession in a case of Righteousness, I am but too much like the Publicans and naturall men acting rather for mine own then for Rightconsness sake. And so far forth as thou knowest men after the Flesh of some outward profession, that is most sutable to thine own, thou wils have some murmuring in thine Heart, at the Reading of this Discourse, as the Jews had as any mercy that was preached unto the Gentiles: But So far as thou desirest the advancement of the Spirit of Truth above all fleshly Interest (though of the people of God themselves) thou mayest find some satisfaction in this (in the midst of all its infirmities) and thinke the Interest of Truth the better served in it, by how much the worse the Instance is, upon which the Question is stated.

For if it be evinced that Idolaters ought not to bee punished by the Magistrate as such; it will follow that damnable Hereticks must be also spared by him, and if those Tares be let alone, then will the Wheat escape also. And thus shall we make sure work, and lay the Axe to the Root of the Tree.

Persecution a principle of Antichrist.And indeed the Reason why this bitter Root of Antichristian Persecution hath still sprung up in every new Form as fast as it hath been destroyed in the old, is because the people of God did consider it onely as it opposed the Appearances of Edition: current; Page: [7-221b] Truth in the Administrations, wherein themselves were, and not as it was a Principle of Antichrist in it self for any Man, or number of Men to impose their Determinations on others in matters of meer Religious concernment: ’Tis this wicked Principle that makes the great Whore which is charged with the bloud of Prophets and of Saints, and of all that were slain on the Earth, for no one Form alone can be guiltier of it.

And that the Holy Spirit in Dan. and the Revel. chooses this last Monarchy in the Combination of its Ecclesiasticall and Civil Jurisdiction to represent this wicked Mystery by, is not to confine our understandings to the Discoverie of it there alone, but to hold it forth the plainer to our weak eyes at the first. That so having once discovered her in that grosse Form, we may be ingaged, to hate her, and find out her Principles, and then by them to discover her afterward in any other Form wherein she shall act.

’Tis knowing of things according to the Principle,The Principles more to be considered then the Appearance. and not according to the outward appearance that makes the true measure of all righteous judgement: And ’tis for want of this Knowledge that all supream powers and private persons are still apt to fall into the same sins in new Formes, which they have condemned others for in old. And Christ did not onely teach us this Lesson by his precept, but by his practice also, when he spake of John the Baptist, as of Elias that was come, because be acted in the same Spirit and Principle. And therefore if I speak of the Whore or Beast, with more regard to their Principles, then to their outward Appearance, as Edition: current; Page: [7-222a] they are described in the letter of Scripture, I hope I shall be excused by all that desire to have a spirituall understanding of things.

But by excusing of Idolaters, I doe not intend a necessary Toleration of Papists, much lesse of Priests and Jesuites, for though they may not come within the Magistrates Cognizance, by their worshipping of Images or the host in the Sacrament, yet they may as they maintain the Jurisdiction of a forreign power over their Consciences, if that forreign power doe maintain Principles that are inconsistent with all Magistrates and People that are not of his Religion. Now that the Pope doth so is most apparent, for he doth not onely declare us all to be Hereticks,The Danger of the doctrine of persecution whether in Papists or Protestants. but likewise that such Hereticks ought to be put to death when ever his Disciples have the power over them (if not to break faith for the gaining of such power) It must needs therefore be very unreasonable for any Magistrate of a contrary Religion to suffer that Religion to be taught amongst the People, for if the generalitie, who have least discerning in such matters should be seduced thereby, they would destroy all others that would not be seduced as well as themselves. Yet in regard there is not many of them in this Nation, and those that are, have already suffered much: I could wish there might bee more tenderness used towards the seduced people, what ever become of the Priests and Jesuites that fetch their Commission from that forreign power to promote that persecuting and unsociable Religion. But I pretend not to set Rules in this case, but leave is to the prudence of the Magistrate; Onely wish that Edition: current; Page: [7-222b] he may alwayes acquit himself from the same kind of sinne, when he slings stones at the Papists for it.

And now if thou shalt condemn any Hints in these Discourses, as tending to some new Doctrine and Heresie, and be more offended at them than at the main Argument for Liberty, I shall not much marvell, for we might keep our fleshly Principles quiet enough in that Form of Liberty, if it were not for some such kind of Doctrine.

And therefore since the Fault may more proceed from the Corruption in thy Principles, then from any in these Hints, I shall desire thee to consider, whether thy Judgement be made by Mans Day, in the Light of thy naturall understanding of the Letter of the Scriptures, or by the Lords Day,The holy Spirit of God the onely Inditer, and best Interpreter of Scripture. by the Light of his Spirit, which being the true Originall of Scripture, can onely give us a right understanding thereof, and of all other Spirituall Truth.

So farre forth as thou art governed by the former, thou mayst have much Wrath, but never according to true Knowledge in Spirituall things: But the Latter will teach thee to make a true Judgement between the Chaffe and the Wheat, which thou mayst find herein, yet will it not desire, that the Chaffe should be burned by any other fire then what shall proceed from the Conviction of that Spirit which will not cry, nor lift up its voyce, yet will bring forth Judgement unto Victory.

However I desire, that thou mayst not reject the Truth which thou findest herein, for the sake of the Errors which thou apprehendest to be mixed with it; Nor yet swallow any Truth without chewing, for Edition: current; Page: [7-223a] the sake of any other Truth with it, whereof thou mayst have better Experience; But entertain that onely which thou hast clear Conviction of, and cover the rest with Charity, till the Lord doe more clearly declare to thee of what nature it is.

And because I have observed, that this kind of clear dealing with the Truth is usually much prejudiced, through respect of Persons, and that we are apt to receive or reject things, as we have a good or ill opinion of the Man from whom they come; I have thought fit to conceale my Name, and hope, that thereby I doe the better manifest a Service both for Thee and the Truth.

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Whether the Magistrate professing Christianitie, ought to punish Idolaters, according to the Law of Moses, or otherwise.

SECT. I.

IF the Magistrate punish, he must doe it by the Letter of that Law, or by the Equitie of it.

If he doe it by the Letter, then he may as well punish Sabbath-Breakers according to that Letter, and force men to keep the Saturday for Sabbath, and observe the whole Ceremoniall Law.

The Civill Sword not proper in the punishment of Idolatrie.If by the Equitie of it, he must doe it as it is a Sin simply considered, or else as it is a sin more within his Cognisance then other sins, and because more destructive to civill societie. If as sin simply considered, then must he be able to discover the secrets of the Heart, where the Seat of sin is, and to punish it accordingly; but thats out of his reach, for no magistrate can punish Pride, Envie, Coverousness, and the like, therefore he cannot punish sin as sin.

If he punish it as more within his Cognisance then other sins, then it must be as it hath some peculiar qualitie that makes it so obnoxious: Or else, as it is different from the established Religion of the Nation, and so tends to the disturbance of its Peace.

If there be any peculiar qualitie, obnoxious to civill societie, as sacrificing of Mankind to their Idols, or the like; then the Magistrate may take such properly into his cognisance as Murtherers, &c. but cannot yet punish Idolaters upon the same ground, that are not guilty of the same fault.

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If he punish it as teaching a different Religion from that established, and so tending to make different affections and factions in the State, then he must upon the same ground punish all other Hereticks, (as we call them) that hold no Commission with each other.

SECT. II.

The difference between the Papist and the Protestant, as to a publike judge of muth.BUt before that can be justly done, there ought to be one publike judge of Truth and Heresie acknowledged, and all men obliged to beleeve what that Judge shall declare. But if this would not hold when the Church of Rome (as we call it) was so acknowledged by the unanimous consent of the European Kings and States, and had prescription for so many hundred years in the Point, and had likewise some fair pretence for the letter of Scripture, wherein it speaks of the Church as the Pillar of Truth, and of the visibilitie of it as a light upon a hill, and his designing the keyes to Peter; If this would not hold, but we protestants are justly broke off from them, because we did find that they did not teach right, and so did declare that there was no man, nor number of men whatsoever infallible in their determinations, and that therefore Christians ought not to be lead by any implicite faith, but to search the Scriptures, and be instructed from thence. Shall we our selves now impose our determinations as obligatory to all: Notwithstanding that the light of their own consciences (as they are instructed by Scripture) is contrary thereunto?

Was it not much fairer in the Papist to keep the worship in an unknown tongue, and to shut up the Bible from all that had not speciall lisence, that so they might not be tempted to any Inquirie, and consequently to their own punishment, then for us to incourage people to read the Scriptures, and not to be lead by an implicite faith, and yet when they are instructed according to the measure of their growth from thence, then to destroy Edition: current; Page: [7-224b] them because they are not of our Pitch?

The severall Measures in Christianity, which alone Gods Spirit worketh.Doth not the Scriptures plainly say, that there are severall Measures and Statures in Christians, and that every one ought to walk according to the measure he hath attained? That every one must be fully persvaded in his own mind, that what ever is not of Faith is Sin. Christians can learn neither faster nor slower than the Lord teacheth us, and those, who can leap into a publick Catechism as soon as they see it, because that they are told it is Orthodox, doe plainly declare, that they are but Papists in principles, though they call themselves Protestants, and by the same Reason, would have swallowed up all the Church of Rome holds, if they had been bred up under her Dominions.

SECT. III.

NOr is it any thing to the purpose to alledge, that the Magistrate shall not meddle with the inward Faith, but with the outward Profession and Practice, seeing if a man be a Christian, it is necessary for him to make his Practice proportionable to his Faith: This was the Reason of so much variety in Practice among the Primitive Churches concerning Jewish Ordinances, wherein the Apostle gives that Generall Rule, onely that every one should doe as he was perswaded, though he best knew, that those Ordinances were abolished; which plainly declares, that it is not so much the outward form or matter, as the Conscience of the Party in the matter which the Lord most aimes at.A forced Uniformity in Religion no ground of peace. So as it is impossible to establish peace upon Tearmes of uniformity in Religion, but it must be upon more unrighteous Principles than the Papists did, seeing we have condemned all those Principles in them which can any way doe it, and in condemning them condemne our selves much more, and being self condemned, become according to Pauls definition, the grosser Hereticks.

And as this is unrighteous, so is it as impudent, for us Edition: current; Page: [7-225a] to goe about to establish our Peace upon this Ground; for, after these kind of Discoveries are so common, the more the Magistrate should strive by force and violence to make one Rule of Worship for all Christians, the more would he discover himself to be Antichristian; and the more be should cut off for Non-conformity, the more would people fall off from him for his Cruelty.

And therefore doubtlesse, it will be found as much the Interest of Protestants, to seek publick peace by publick permission in matters of Religion, as it is the Interest of pure Jesuited Papists, to seek their peace by the contrary:Religious Troubles in the Civill State arise not from Differences, but from that principle of persecution in Differences. And those, who have looked with a right Eye on our late troubles can clearly see, that the cause of all, hath not been from the growth of severall Opinions in matters of Religion, but from the growth of that persecuting Principle which would endeavour by outward Force to impose our way of Worship upon all Men: Though many Men who have left Religion in themselves, and can square their Consciences according to publick Authority, as that which is most for their outward ease are still apt to think, that it is so with other men as with themselves, and therefore count that of Uniformity in the Letter, a better Medium to peace than the unity of the Spirit, in a mutuall Forbearance of each other.

SECT. IV.

The principle of persecution in a State ever renders the Magistrate terrible and tyrannicall, to the best and most conscientious Subjects.YEt every man that hath but so much sence of Religion, as not to turn with the State, will finde his Interest in the contrary Medium: For though the Magistrate be of his Religion now, yet if he ever out-grow the Magistrates profession, or the Magistrate his, he most fall into persecution, and though himself may be able to suffer patiently, yet others in like condition may not, and all, who are under such pressure, can never be hearty in definding the Magistrate against any of his Enemies; whereas if the Magistrate on the contrary shall permit all different Consciences their Liberty in Edition: current; Page: [7-225b] Religion, every one will be obliged to adhere to him, against any other from whom they cannot be assured to receive the like Liberty; so as unlesse we presume, that Men who pretend Christianity had rather destroy other men for their Religion than injoy their own, this of Tolleration must be held a likelier way to rule all in peace, then that of Uniformity.

SECT. V.

Object.BUt it is objected, although the Root and seat of sin be in the Heart, yet that which man is to judge by, is the outward Act, and when the Idolatry of the Heart comes forth into practice, it doubles its guilt, and becomes so hatefull to God, that it provokes him to most eminent Judgements against his people when ever it is found amongst them, as appeares by his dealing with the Israelites of old, which was written for our example, and therefore the Magistrate is bound not to tollerate that sinne, as he tenders the safety of the people.

Answ.For answer to this Objection, it will be necessary to enquire into the nature of sinne, and find out a right measure to judge it by: Now Christ taught us not to judge according to the outward. Appearance,More poyson a in the Root, than in the Branches. but according to the inward Principle; and if we were but true to that rule, we should see so much more sinne in our own Hearts, then we can really know by the outward Action of another; that we should be at unable to cast a stone at the outward idolater, as the Jewes were at the outward Adulterers, when Christ had made them but to reflect upon themselves.

Doe we think it a pleasing sight in the Lord eyes, to see people who are filled with selfish covetous desires to put others to death, for bowing their outward man to an Image.

A note of the Spaniards and the Indians.Was it not lesse sin in the Indians to worship the Sun, Moon, and Stars, than in the Spaniards (professing Christianity) Edition: current; Page: [7-226a] to worship their Gold, and to be so farre transported with love to that Idoll, as to sacrifice so many millions of men to it? Naaman had more peace in bowing down his Body in the house of Rimmon, whilest his Heart was toward the Lord,Formall Hypocrisie farre more odious in the eyes of God, than ignorant or forced Idolatry. than Ananias and his Wife had in bringing their persons and money to the Apostles feet, whiles they had a contrary Reserve in their Hearts.

It is the Hypocrisie which is the greatest sinne, and the outward Act is still more or lesse sinfull, as it hath more or lesse of that Leven in it.

Could not the same Spirit in the Apostle, as well have put those Idolaters to Death, that opposed the Truth in their time, as these Hypocrites Ananias and Saphira?

SECT. VI.

Christ Jesus more vehement against the Formality of Hypocrices.CHrist invited the Publicans, who were commonly Heathens and Idolaters, and treated them gently, when he did abominate the Scribes and Pharisees, and set them in the first Ranck in Hell, though they were furthest from Idolatry, and very industrious in observing the outward form of the Law; and what was that bitter Root in them which made all their Fruit so evill, but onely this principle of judging sinne more according to the outward Act, than according to the inward Principle.

This made them interpret all the Law accordingly, and to bring it within the compasse of their own strength, whereby the old man was advanced instead of being made weak, by a sence of inability to performe it; and therefore when Christ came to tell them, that they were greater sinners than the Publicans and Idolaters, they could not see it, but judged him a Deceiver for saying so.

The horrible sin of Phariseisme yet not exterminating Idolatry, &c.That grosse Idolatry which raigned in their Fore-fathers was cast out of them, and they were adorned with the outward Forme of true Worship, but being emptied of Edition: current; Page: [7-226b] the Spirit and Truth, they became filled with Self-love and Confidence in their own Righteousnesse, and so bid defiance to that holy Spirit, which came to preach Destruction to that goodly Building which they had raised with much cost and labour. And this drew forth from Christ that dismall Parable of the seven Devils against them, which he applied to the sinne against the holy Spirit.

And should not we build on their very Foundation, if we should measure sinne chiefly according to outward Act, and say, that outward Idolatry were the most crying sinne amongst us, and bend our Zeale most against that, while the Idolatrous love of the Creature, and Self-love is so strong in our Hearts and Consciences.

SECT. VII.

BUt the subtilty of the Serpent is such, that he ever endeavours to turn our eyes outward toward others, that we may not see what is in our own hearts, and as the Pope served the (stiled) Christian Princes, sends us out in much Zeale upon an holy Warre abroad, that he may get the greater Dominion and Prerogative at home.

Sathan will bear with any outward practices so that he may well possesse the heart.As the Lords designe is cheifly at the Heart, so also is Sathans, and as the Lord values outward Actions, onely as they flow from the new Man which is one with himself, so doth Sathan as they flow from the old Man which is one with himself: And so long as they spring from that Root, the more Religious they are, the better doe they serve his Turne; and therefore as he made use of a Modell of the Old Law for the Scribes and Pharisees, so also does he make the like use of severall and different Models of Gospel-Ordinances for us, in such a literall way as the old Man may observe them, and then drives us into the performance of them with a great-deal of labour and paines, knowing, that when he hath us once there, we will not easily part with that which cost so Edition: current; Page: [7-227a] dear, but put the greater value on our selves for it, and consequently fall into a way of condemning and persecuting others that walk not according to the letter, though they have more of the power of the Gospel in humility, charitie, and Self-deniall then our selves.

But if we would but be ingenious to the very Letter, of Scripture, it would teach us better. Did not all the Prophets reprove the Idolatrie of the Heart as the greatest sin, even whilest the Mosaical literal precept against outward Idolatry was in season?The Idolatry of the heart the greatest. And did not Christ doe it more plainly before that outward Administration was passed away? What did all those severe Laws against outward Idolatrie mainly signifie, but onely the severe judgement which is due to the Idolatrie of the heart? And shall we return from the Substance to the Type, in stead of passing from the Type to the Substance? Was it not more tolerable for the Scribes and Pharises to fall into this sin by mistaking the Letter of their Law, then it can be for us after we have seen the severe judgement of Christ upon their Mistake, and have the very Letter of the whole Gospel reaching us otherwise? I doubt our sin in taking up a model of Gospel-Ordinances, in a legall Principle, will be found too neer a kind of the Principle of the Pharises: But to take up an old Testament precept in an old Testament principle, now the light of the Gospel shines round about us, would be much more grosse and sinfull.

SECT. VIII.

BUt when it shall please the Lord to rend this vail from our Hearts, and to let us into a little experimental acquaintance with his great design, which is to cast out the Son of the bond-woman, that the Son of the free may be the heir of all, we shall then learn to measure sin more, according to the opposition that it makes to that free spirit in us, then according to any outward rule, and find, that the more we are under the bondage of any outward letter, the more satisfaction shall we still give Edition: current; Page: [7-227b] the old man by all our conformitie to it: And the more we give him, the lesse doe we give the Lord, whose design is to give unsatisfaction to us in all our own works, that so we may rest from them, and have himself to work in us, in the power of the new nature, in pure love, according to the new Covenant, which requires no more then it gives such a power to perform.An humble Papist is better ease then a proud Protestant. And then shall we be so far from punishing the poor outward Idolater, as the greatest sinner, and saying that we are not as he, or as other men, because of our outward conformitie to the Letter, that we shall acknowledge our selves really worse; and that the poor Papist, who stands far from Christ, and dares not approach him, but by a Saint or an Image, having a deep sence of his own unworthiness, was really neerer then our selves, and that the same punishment was the more due to our selves, for intending it to him.

SECT. IX.

Object.BUt it may be objected, that although the spirituall Idolatry, be the greatest sin, yet it cannot be taken notice of by the Magistrate as outward Idolatry may; And that though other outward differences in Christian Religion may be born with according to the rule of Christianity, yet this ought not, because it is expressely forbidden in the ten Commandments which are undoubtedly morall, and so comes within the Magistrates cognizance, as he is custos & vindex utrineq; tabule, and therefore not to be dispenced with for any outward advantage.

I grant the Moralitie of the ten Commandments,Answ. onely desire that the first Table (at least) may rather be taken according to the spirit and principle then the letter of it.

That there is one God, who made all things, and ought to have the sole praise and worship from an unfained heart may be discovered from the light of Nature:Of the Light of Nature. But for the way to worship this God, it could be but guessed Edition: current; Page: [7-228a] at by that light; and the heathen might have fought long enough, before that they could have found that the seventh day was to be kept holy, nor was it easie to find that they should not make to themselves any graven Image. And seeing we Christians, whose Religion teacheth us to worship in Spirit and Truth, doe yet make so much of outward Forms,All mankind in love with some visible Form of worship. as to force one another to bow down to them: It is no lesse marvell, that the heathen, who had no written Word of God as we, should chuse the form of some creature, whom they best loved, to represent that invisible being to whom their love was due, and worship him through that Representation. That this through Formality did degenerate into grosser darkness of Worshipping the Image it self, is but as we doe with those Ordinances which were of divine Institution at first, and as the Jewes did with the Brazen Serpent.

SECT. X.

BUt I shall not justifie any of the Heathens Worship, but leave them to stand or fall to their own Master: Onely I observe, that when Paul reproved Christians for eating Idol Sacrifices in the Idol Temples, he does not go about to convince them of the sin in the thing it self, but agrees with them, that an Idol was nothing to him that knoweth it to be so; onely shewes them how by their example, they induced weak ones, who have not that knowledge to doe the same thing in conscience to the Idoll. He makes a vast difference between the outward act of spiritual, and that of fleshly uncleanness: The former defiling onely according to the conscience of the partie, the latter contributing defilement to the Partie.

But how Morall soever the Rule be, yet the punishment cannot be found so.

For the same light that makes the discoveries of God in the natural mans heart, teaches that it cannot be forced by any outward power. And because it comes into Edition: current; Page: [7-228b] the soul by severall degrees,The severall Measures and Degrees of spiritual light. it becomes incompetent with any outward rule of the Magistrate, who can neither know those degrees, nor make one Rule for all men that are under severall measures of the discoverie of God at the same time.

An Instance from Socrates.If Socrates by the light of nature could tell that there was onely one incomprehensible and invisible God, and that all Idols were false; it was not reason, that if he had been supream Magistrate, he should therefore have destroyed all the Heathen beside, who knew not so much as himself; he came by degrees unto that light, and there was a Time when he had it not.

And as he would not that outward force should have been used to him whilst he was in any lower degree of light, so neither should be use force unto another that is in a lower degree.

The Royal Law of Grace and Nature.That Royall law of doing as one would be done by, is written in all our Hearts by Nature: But where that Maxims of the Magistrates, being the Revenger of the breach of the First Table, as well as of the Second was written, I know not: Sure I am, that both will hardly stand together; for if the Magistrate goe to force another from his Religion, and have any of his own, he breakes that Royall law, because his Conscience tells him that he would not be served so himself, and if he have none of his own, he is the lesse capable of giving any judgement in the case.

In matters of Religion, Magistrates and People are all fellow servants.In matters of Religion, the Magistrate is but a fellow-Servant with us, and we must all stand or fall to one Master. But in matters concerning our neighbour, he is appointed a Judge and Ruler between us, and we must stand or fall to his Judgement. We may, and ought to give up our outward estates to the determination of another for Peace sake, but our Consciences in Religion are none of ours to dispose of.

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SECT. XI.

Object.BUt it may be further objected, that although Toleration be never so lawfull in respect of any binding precept to the contrary, yet it is not expedient to allow of it in a Common-wealth, where Christianity is professed for edification sake. And therefore the Magistrate, who is to improve his power for the glory of God (as any other Christian is to improve his Talent) ought not to suffer it.

Answ.This Rule of Edification I confess is that which is most proper for every true Christian to walk by, but yet it must not be pleaded in one case by those who are under the power of the Letter in other cases. If we observe one part of the Word out of dutie to the letter, we become debtors to the whole letter. If we be subject to outward formes and Ordinances for the Institution sake. It is but Reason that we should shew a Christian Institution for the punishment of Idolaters, before we impose any on them for edification sake.

The Remedie of civill force is worse then the Disease of Idolatry, &c.But to consider it in point of edification and expediencie, I cannot see how any Remedie can be practicable against it, but such as would prove much worse then the disease. And therefore before the Magistrate use his power this way, it were good that he would consider whether it were well imployed or not. Christ could have called for fire from Heaven, but he blamed those who desired him to use his power that way, as persons that shewed more of the legall Spirit of Eliah then of that Gospel-Spirit of Christ, whereunto he called them, which was not to destroy but to save.

And when we consider the many Difficulties of reducing this unto practice, we shall find, that it will not onely destroy such wicked persons as Christ would not, but godly Christians also, through the great variety of Idolatry, that in a Christian sence we shall be apt to Edition: current; Page: [7-229b] charge upon one another, and through the Incompetenty of the Judge for such cases.

When John said, Little Children keep your selves from Idols, he least of all meant Graven Images, and Paul calls Covetousnesse Idolatry; the Non-Conformist: say, that the Papists and Nationall-Churches make Idols of all their Canons and Decrees, and bow down to them more than to the Word and Spirit, otherwise, say they,The great differences of Consciences amongst us they would not force us to bow down to them, contrary to that Light which the Word and Spirit dictates to our Consciences.

SECT. XII.

ANd on the other side, the Nationall Church saith, that the Sects set upon groundlesse Formes which are not from the Spirit of Christ, and bow down to them, otherwise they would not condemne all other Christians that are not in their own way: And those that understand not that tearm Person as it is applied to the Trinity, in that curious Metaphisicall sence which some speak of, will call all others Idolaters that use that terme, and will say, that thereby they worship three Gods; and so of every Difference among us,The great difference about a Iudge in Differences. we should still charge one another with Idolatry, to act the same thing of persecution under that name, which hath hitherto been acted under the names of Heresee and Schism, and as much Difficulty will there be of finding out a competent Judge of those Matters.

If we say, that a Synod of Ministers, who are made by vertue of Ordination, shall judge, then the Papists party will rule all, as being the Major part of the Ministers of Christendome.

If we shuffle off that and say that we will appeal no further then our own Nation, then the Prelaticall and loose Clergie will rule, and the Magistrate act by an implicite Faith all this while.

If we say the Magistrate shall chuse those Ministers Edition: current; Page: [7-230a] that shall determine these matters, then is he to be held a more competent judge of Ministers abilities then they are of each others, which is the same in effect, as if hee should judge the matter of Heresie himself.

The Incompetencie of the civill Magistrates of the world to judge in spirituals.But suppose him to be the judge (as it is Reason enough he should be before he punish any thing) then lets see whether he be like to make the best judgement. If he be Hereditarie, his Interest in the implicite obedience of his people in civill matters is too great a Temptation to him to advance implicite faith in spirituals; If he be Parliamentary or elective, he is like to be too much of the complexion of the generalitie of the people to have much true Religion.

SECT. XIII.

BUt suppose the Magistrate to be of such an extraordinarie growth and light in spiritual matters that he were able to make clear Laws and Rules in such cases, yet the Judges and Juries that determine of them are not like to be so.

And seeing the Scriptures, which we grant to contain the best Rules, have ever been perverted to the prejudice of the most godly persons by all that have assumed any Authoritative determination thereof, why should we expect that any men now should be able to make laws that should be lesse apt to be so perverted?

There is no pulling up the Tares, but what shall pull up the Wheat also.

Touching the Tares, and the Wheat.And in this sence onely it is that that Parable manifests it self to me to be the Word of Christ, for if we should understand it of Hypocrites in the Church (as most doe) we should make it not onely to contradict the experience of all times since, but the very interpretation which Christ himself made of it.

For we well know, that when the light of the Gospel is most sown and thrives best, then ever hath been most Heresie and false worship sown to spring up with it.

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When least Heresie, then most Hypocrisie.In the Primitive Times before Constantine it is said, There were 300 Heresies, but when the Popes Devices began to take place, there was no more Heresie, but most Hypocrisie, all men professing Christianity, but few having any truth of it in their hearts. And so the zeal of the servants hath ever pull’d up more wheat then tares: Constantines Laws against Arrianism did but make a President for his Successors to punish the Orthodox more severely: And all the zeal of the first Christian Magistrates in that kind, did but lay the foundation of all the persecution of true Christians afterwards under the name of Hereticks.

SECT. XIIII.

ANd least we should mistake in this point, Christ interprets the field to be the World, and not the Church. It is but reasonable that every Church should cast out those who are false Worshippers, and men of meer naturall principles, but there is no reason that they should therefore be cast out of the world, for there’s all their portion.

If it should be meant of Hypocrites on the one hand, or of all manner of professed wickedness on the other, the Parable would signifie nothing, for Hypocrites will grow doe the servants what they can,Of the Parable of the Wheat and the Tares. for they will be as the servants themselves in every point to outward appearance rather then to be rooted up; And for Moral wickedness against our neighbour, it could not grow together with righteousness, if it should be let alone, for wicked men would not onely destroy the good, but one another also, if it were not for the Magistrate, and there fore it must not be interpreted of open sins, and such as are against the first Table onely.

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SECT. XV.

BUt if we should be sure to punish none but reall Idolaters, yet I cannot see how it should turne to Edification; what greater stumbling block can there be to all that are strangers to the Gospel, then to see this kind of outward Force in matters of Religion? Doth not the same Light of Nature which teacheth them that there is a God, who ought to have the unfeigned Worship of the Heart, touch them also, that this unfeigned Worship can never be impressed by outward force? and from thence to conclude, that those who use that way are strangers to the true Worship themselves, notwithstanding all their fair presences.

This made the Indians say, that if the Spaniards went to Heaven, they would not goe thither, because that Light which was in them, judged their evill practises to be such, as could never lead them to eternall Happinesse.

Does not the very Letter of the Gospel teach otherwise? and how shall we perswade others to embrace that,The Spirit of Christianity most contrary to the Spirit of violence in Spirituals. which we our selves doe contradict in our practice? And doth not the Spirit of Christianity contradict it much more, teaching all wayes of meeknesse and long suffering toward other sinners as Christ used toward us.

As it is the Love of the Heart which is onely acceptable with God, so is this Love best begotten in any poor Creature by a Spirit of Love and Meeknesse, which flowes from a Christians Bowels towards him.

If we serve no hard Master our selves, we should not become hard Masters to others, but shall sow the seed of Conviction in their Consciences, before we expect to reap the Fruit of Conformity in their practices: If we have any of that Spirit which taught Paul, we shall not impose new Principles on others in an implicite way, but deale with every man upon the Principles which he hath already received, and so with the weak become weak, we shall find none that are in the exercise of any kind of Religion, Edition: current; Page: [7-231b] how dark soever, but they have a sence of sinne, and desire of Pardon, for the unwritten Law in every mans Heart, is as reall a School-master to drive him to Christ (though not so plain a one) as the written one was to the Jewes: And if we help the poor Creature to aggravate that against himself, whereby he may have a true Hunger and Thirst after Pardon, and then open to him the Mystery of the Gospel, and shew him, that he is in the best Qualification for Mercy, because he is so great a Sinner in his own eyes; is not that a more likely way to make him fling away his Idols, and imbrace Christ in pure love, and so by degrees to grow more and more into the power of his Spirit, than if we should force him by outward punishment to come from his Masse to our Church?

SECT. XVI.

Object.BUt if Papists and Idolaters be not forced, they will not come to Church, where they may have the Mystery of the Gospel opened to them.

Answ.There is a great Difference between coming to Church, to joyn in Prayer and other Acts of Worship, as a Member of that Congregation,Touching forcing to come to Church. where they must sit and hear generall Doctrine, which may not be so pertinent to their condition, without making any Objections, or propounding any Questions; and coming to a free discourse, which may be particularly applied to their condition, with free Liberty to debate upon it.

Yet if a man come to the best meanes (as such free Discourses) through fear of punishment, rather than out of a Desire to find out and try the truth of things, he had better stay away (for ought I know) for if a man hear spirituall matters in Hypocrisie, he will rather be hardned in Hypocrisie, than inlightned in the Truth.

Take heed what you hear (saith Christ) for with what measure you meet, it shall be measured to you again: Spirituall Truths are not to be forced by Demonstration, as naturall Truths are, and if the Lord doe not open the Eare Edition: current; Page: [7-232a] of the Hearer, as well as the lips of the speaker, the Word will prove but a favour of death unto death.

But if he be so confident in his way, that he will not be brought to hear any thing to the contrary, is it not better to stay the Lords leasure with him, then to cut him off in the height of his sin?

The difference between spirituall and Political offendersIf a Murtherer or the like, be to be put to death, he hath likely such a conviction of his sin upon his own Spirit, that it many times proves a meanes to make him imbrace his Saviour: But as much as lies in us, we put this man out of all possibility of the saving of his soul as well as rob him of his natural life.

The single example of death in the Gospel was executed by the Apostle in a miraculous way for the sin of Hypocrisie, to shew the high detestation the Holy Spirit hath of that Sin: But all our Examples of death or other punishments for mistaken zeal in worship doe properly tend to increase that sin, and multiply Hypocrizes among us.

SECT. XVII.

Object.BUt the mischief of destroying Idolaters in their sin, or some few Christians with them through mistake, is not so great, as the destroying of all Christianity, by that Deluge of blasphemous and hereticall opinions, that would come in upon their grounds of libertie, men being more prone to evill then good, and to love darknesse more then Light: And therefore that the Magistrate may save the whole Bodie,From the deluge of blasphemies and Heresies flowing in with libertie. he must not thinke much of cutting off some rotten members, though be be constrained to cut off some found flesh with them, especially if he have the Assistance of the most spiritual Christians, to make the best discoverie of the rotten from the sound.

Answ.As for the cutting off or destroying of any one Christian, or the darkest Idolater for their Religion, it will be found no slight matter. If they be to stand or fall to another Master then the Magistrate, it will not serve Edition: current; Page: [7-232b] his turne to thinke he doth God good service in it.

But to wave the matter of right in punishing, let us consider whether the Magistrate be endowed with an abilitie for such a Work.The difficulty of judging in spirituals. Now for that it will be necessary that first he have a clear knowledge of the rotten member from the sound, and next that he have a clear way to cut off the one, and to leave the other, but for any Christian to make a cleer discoverie in any other person of such a certain proportion of Truth or Falshood, as may determine him a sound or unsound member, it is a harder matter then we are aware of it. For there may be a great deal of simplicitie and true desire to know better, in the darkest worshipper, and as much hypocrisie in him that pretends to the purest way of Worship.

SECT. XVIII.

The fallibility of Councellours in spirituall judgements.BUt because there is but one truth, we are apt to think that the best way to meet with it is, to take the judgement of the ablest Christians, who may probably know more then our selves, whereas there are as many severall measures of that truth, as severall true Professors, and those who are most able, can have but their measure as well as others.

Paul himself knew but in part, and though he had the best measure, yet would not he have any other to receive it till they were grown fit for it, but become all things to all men, and when he tells us, that Whatsoever is not of faith is sin, he doth not mean an implicite Faith, but an experimentall one.

The great difference between Councellours and counsel in natural, civil, and spirituall matters.’Tis not in Religion as in natural or civil things, a man may wave his own judgement in recovering his health, or securing his estate, to take the judgement of the ablest Physicians or Lawyers; but he may not therefore wave his own light in matters of Religion, to take up the determination of other men, whom he conceives to see further then himself.

For a man is profited in his health or estate by the effect Edition: current; Page: [7-233a] of anothers skill, though he have none of his own, but in spiritual matters he is no further profited by the doctrine of another, then he receives of it in the light of his own Conscience,Against implicite faith. and is made one with it by inward experience as well as he that taught it: So as whether a man be a Christian or an Idolater, he is more excusable in practising according to the darkest measure which is according to the best light which is in his own heart, then he that takes up an higher and better way of worship, by an implicite Faith in any other mens authoritie: And therefore seeing the Magistrate cannot tell when a Man acts by the light in him, and when not, he is not fit to determine which are fit Members to be cut off.

SECT. XIX.

BUt suppose all that manifest themselves in Idolatrous worship, or damnable doctrine were to be accounted as rotten members, yet could not the Magistrate save the bodie by cutting them off, for when he shall goe about that work in some members, that disease is of such a nature, that it will quickly retire from the rest toward the heart,Falshood advanced by lurking in corners: and Truth, by open and free debates. in a more dangerous way, and work in all manner of worldly mindedness and enmitie to the Spirit, (which is the most substantial Atheism, and Blasphemie) and spread the same Doctrines also without danger, by reciting them as the arguments of other men, and not their own opinions; whereby they may leave far worse impressions in weak minds (as hath been often seen) then if they had owned them: And thereby given oportunitie for the vindication of the truth, which ever thrives best in fair and open debates.

SECT. XX.

FOr that which is objected, That men love darkness rather then light, and are more prone to evill then good; I grant it, yet they cannot but see good and light Edition: current; Page: [7-233b] when it comes forth, and be in some part convinced of it.

The power of spirituall light.The Heathen could say, that she saw better things though she followed worse. And the onely reason why we love not light is, because it convinces us of our sins, and so torments us while we live in the principle as well as in the practice of it, that it would make us weary of that estate, should it but have libertie to shine amongst us,And the practice of the Devil against it. and therefore the Devil makes it his great design to keep it out of the world, and was never so successfull in any device, (since it came in the person of Christ) as in this kind of zeal against darkness.

For when that Serpent first saw those Magistrates who professed Christianitie, possessed with this zeal, and that by that means the Christians persecuted one another, as their severall opinions took place with the Magistrate,The Devill putting off the Dragons form and putting on the Leopards. he soon forsook his old ugly form of the Dragon, and took up the most contrary appearance of the Leopard, and so from an Heathen Idolater, he became a Christian zealous against all Idolatrie, and Heresie according to the best rules, which the most eminent Ministers met in a general Councel could gather from the letter of Scripture.

And when those Councels had once determined what was light and truth, and the Kings of the earth had thought fit for the preservation of that light to cut off all that did oppose it, that Beast became then so powerfull, that none was able to wage war with him, but all the world wandred after him. And yet at that time when those ten Kings took up their power and force,The Devil can make as much use of Truth as Error, if setled by humane power. whence that Beasts raign bears date (which was 400. and odd years after Christ) there were but few grosse Heresies prevailing in the Church, but though all had been Truth which was held, yet when once it became a generall rule, it served that Serpents turn, as well as if it had been error, for by that meanes he could cut of all, that were of a greater or lesser measure, and for those who were of the same pitch, he had them sure enough, Edition: current; Page: [7-234a] when once he could come to keep them from growing further.

And having thus made men the Judge, he got that great Prerogative into his hands, which inabled him to doe more at his pleasure afterward. And so long as he can keep up this humane judgement,The Devils Policie in changing from grosser to more refined forms. he makes no great matter of changing his Form, when ever he is put to his shifts, for having once leaped out of Heathenism into a form of Christianitie, he can easily passe from Popery to Prelacy, and from thence to Presbytery, and so to any other most refined form, when ever it shall be furnished with the temptations of profit and worldly power.

SECT. XXI.

ANd therefore the holy Spirit would not have us measure the outward Court of any form of Religion, when once Christian profession became a common Receptacle for the men of the world in their Gentile and carnal principles, but to regard onely the inward court and altar of the Spirit and Principles of Christianitie: For if at any time the wisedome of men cut off a spirituall wickednesse in a grosser Form, it will become the more secure in a finer, that makes the stronger opposition against the holy Spirit, by how much it is lesse apt to be discovered.The Spirit of Christ alone can expell darkness. Flesh and Bloud can no more destroy darkness, then Belzebub can cast out Devils. But it belongs to the Spirit of Christ alone to sacrifice all our fleshly principles, that blaspheme his name, and erre from his wayes.

A caveat to the most spirituall Magistrates.And therefore I humbly beseech our Magistrates (even the most spiritual of them) that they would not so take confidence from Gods presence with them in all their former undertakings, as to enter upon this Priestly office as Uzziah did, least therereby they should discover more of the Leprosie, of fleshly corruption in the face of that attempt, and provoke the Lords wrath to greater judgements on them then at first they may be aware of.

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SECT. XXII.

The dutie of the Magistrate in spirituals.ALl that the Lord requires of the Magistrate is but to let light come forth upon equall terms with the darkness, for then it will certainly overcome: ’Tis by the brightness of his coming that Antichrist shall be destroyed, Nor by might, nor by power, but by my Spirit, saith the Lord.

But suppose that the Magistrate had both authoritie and power for the suppressing of all Idolatrous Worship, and blasphemous doctrine in such a way, as he might not suppresse the truth with it, yet I make a Question whether he should doe well in it or not:Conscientious false worshippers in better condition then Hypocrites. If we regard the persons themselves that are possessed with those evil principles, ’tis better for them that they should professe their principles openly, then that they should turn Hypocrites, and pretend to be Christians when they are not; For the disease cannot be cured unlesse it be known. And what better meanes to discover the rottenness in the hearts of many pretended Christians, then to give them liberty to discover themselves in their practice accordingly.

If a man be conscientious in anyway, there is some foundation to work good upon, but if he be hypocritical there is no taking hold of him. The light of true Religion carries such a beautie with it, that men will still be apt to counterfeit it, though there should be no outward force to constrain them thereto.

SECT. XXIII.

TO such Hypocrites as goe by outward observation, I confesse it will be very grievous to see severall parties holding forth false Christs every one of them crying, loe here, or loe there, with so much probabilitie for his way, that he who pretends Christianitie upon no better grounds then the observation of his own natural Reason will afford him from the Letter of Scripture, or Precepts Edition: current; Page: [7-235a] of men,The true Christian dares not attend upon the Authority or precepts of men in Spirituals. will not know what opinion to follow: But all this proves an happy help to him that desires to worship in Spirit and Truth, knocking him off from the precepts of men (which we are naturally too apt to lean upon, as that which is most agreeable to our Fesh) and keeps him the more close to the Teachings of the Spirit, so far as we are true Christians we value not the Authority of men, but know, that the light within us must be our Guide, to lead us into all that understanding of the Scripture, or other Truths, which are fitting for us to know, and that we need not goe out from thence to ascend up to Heaven, for the Word is near us, even in our Hearts.

The true Christian frame of Spirit in the midst of Differences.Those Administrations which are beneath such a Christian, he comprehends the Darknesse, or mixture of Light, which is commonly in them, and is the lesse troubled, when he heares others zealous for them, because he hath been so himself (or else mought have been so, if the Lord had not made him to differ.) And for those which he hath not experienced, he preserves them in charity till the Day-light come more clearly into his heart, to manifest of what Nature they are, still knowing, that all the strugling of his naturall Understanding can never reach them, but cast them into the greater Darknesse, and so he lives still in much of the peace of God, under the measure of his Attainment, considering that the Lord is wiser than himself, and will reveale more to him when his Wisdome shall find it best, and so he is ever in a fit posture to receive it.

The Humble, God will teach, but so farre as we are puffed up with Pride, Wrath, or Scorn, through confidence in our present Attainments, we are barred from receiving any new Discoveries of Truth, and become but the more like Lucifer by all the former discoveries that we have received.

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SECT. XXIV.

THere was a another Objection which I should have spoken largely to, had I time, and tis from those Scriptures, which incourage the Saints to destroy the great Whore, and to give her Bloud to drink.

In answering of which, I should have acknowledged the spirituall Adultery of that Whore to have been Idolatry,The force and subtility of the great Whore. and the Justice of her Destruction by an outward power: But I should have observed, that that fleshly Wisdome, which is the Root and Soul of that wicked Mystery, called the Whore, Serpent, Beast, Babylon, and the like, puts forth her self in a twofold branch, viz. in a way of Force, as well as of Subtility, and rides a dreadfull Beast, as well as holds out a golden Cup of Fornication.

By her subtility she still exalts the outward Form of Religion against the Power, and thus she steps out of one Forme into another, as fast as the Spirit of God hath made any eminent Conviction on the World in the same: and by her Force she prepares the fiery Furnace of Persecution, and destroyes those true Christians which cannot bow down to that Idoll, and empty Form, which she hath set up.

A twofold Destruction of the great Whore.In her subtle and dark practices she is onely to be destroyed by the Light of God, and by the Brightnesse of his Appearance, not by Might, nor by Power, but by his Spirit: But in her oppression and bloudy practises she must be destroyed by the like Bloudy wayes, and be rewarded double in the same Cup of Bloud which she hath filled to the Saints.

The seven Nations, who withheld the earthly Inheritance which the Lord had given to his people, were onely to be rooted out by the Sword, the rest were to stay till that Light came, which was to enlighten the Gentiles: And if this Whore would have been contented to have trusted to her spirituall Delusions onely, she Edition: current; Page: [7-236a] might have suffered by the sword of the Spirit, and onely have been cast off by the appearance of a true beautie: But seeing she takes fleshly weapons to destroy the people of God, in their natural inheritances, and outward estates, whenever they give testimonie against her practises; It is but just that her lovers, and such as are in Union with her should suffer in like manner, when they appear in avowance of that way of Force against the truth of God, in relation either to spirituall or naturall liberties.

SECT. XXV.

Objection from Zach. 13. answered.THere was another Objection from the 13. of Zach. which speaking of Gospel-times saith, That their Idols shall be taken out of the land, and false Prophets thrust through with the sword: And in answering of this I should have shewed a difference between Idols and Idolaters, and how that to destroy the Idol, may be mercy to the Idolater, and so have instanced many Idols both in Ecclesiastical and Civil government, with some in Worship which had their support by humane Laws, and might as justly be destroyed by taking away those Laws, which being so removed, the Idolaters have (for the most part) been made to understand the emptiness and vanitie of them.

A twofold punishment of false Prophets.And for the false Prophets, I should have shewed how the sword of the spirit might be proper to peirce them to the heart, in case of spiritual wickedness taught by them. But in case they taught outward oppression, and stirred up the Magistrates to defend their Doctrine by the sword, and so become a kin to that false Prophet in the Revelation, who is Chaplain to the Beast, then the same outward punishment which is due to all the Worshippers of that Beast, would fall properly to their share.

But I should chiefly have insisted on a denyall of the consequence, that because such things may be done in Gospel-times, it does not therefore follow, that they must Edition: current; Page: [7-236b] be done in a Gospel-spirit; Because the Lord may have his annointed Cyrus, who may be carried on by fleshly Interest to destroy Babilonian powers, and have some outward commands from the Lord for it, and yet not be truly acquainted with him in a Gospel-Spirit.

But I speak not this with any reflection upon those Worthies who have been instrumentall towards the destruction of Babilon in our Scene, for I must acknowledge that the Lord hath made them instrumental also in teaching me much of that Gospel-truth, which I have received, and that I had a speciall deliverance from a strong peece of bondage, by that light which came not long since from that hand, which the Lord hath made most eminent in delivering us from our outward enemies, but I doubt not, they have a better testimonie in their consciences then any that I can give of them.

SECT. XXVI.

Persecuting false Prophets justly punished by outward punishments.IN conclusion I should not have excused all Idolaters from outward punishment, for I should have allowed it to such as worship the Beast, and his Image; such as give up themselves to that beastly principle of persecution in that grosse form, or in any other that are set up like unto it. Much of this nature I had in mine heart, and in my hand also, but having no facilitie in expressing my thoughts, but many occasions to divert them, I chose rather to hold out these hints to be a provocation to some better spirit and pen to inlarge thereon, then to lose this precious opportunitie, which I judge surable for what I have here written.

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An additionall Discourse, more particularly directed against the inmost Spirit of persecution, and against some fleshly and legall Principles relating thereunto, with a Word to the Magistrate.

SECT. I.

BUt now, least I may have stirred up too much fleshly zeal in any honest Christian, against the persons of those men that are acted by this beastly principle of persecution; I shall desire to give a word of caution, and let thee know, that so farre as thou art transported with wrath against the person of any man, thou art governed more by that very principle thy self, than by the pure Spirit of Christ, whose property is not to destroy, but to save.

If that pure Spirit rule in thee, thou wilt have a fellow-feeling with all persons in their sufferings, even whilst thou art constrained to impose those sufferings on them for the saving of others; and when their punishment is passed, thou wilt be as desirous to overcome their hearts by kindnesse, as thou wert before to overcome their power, or chastize their faults, by force.

Herein is a fleshly and literall Professor distinguished from a true spirituall Christian, the one persecutes the evill Person, and embraces the evill Principle, the other persecutes the evill Principle, and embraces the evill Person: You may see this in many Episcopall Edition: current; Page: [7-238a] men, who are zealous to persecute the Papists, and yet at the same time would impose their own determinations on others in a popish Principle; and so many Presbyterians, as zealous in persecuting both the other, and yet at the same time impose their determinations also on others in a rigid way, and I wish no other form of Religion amongst us mought be guilty of the same mistake. But on the other hand you may see some men tender to all sorts of persons, so farre forth as may stand with the good of all, and at the same time very severe against all evill principles, though in their own bosome: And if we would measure things in an impartiall way, according to the principle, we should be fare to judge hardest against ourselves, because we cannot tell the evill in any other mans heart, so certainly as in our own, and indeed we must never look for a clear division between the spirituall and the carnall generation, till we finde it in our selves: For as the new man in us is a most distinct and entire Piece, so likewise is the old man, but we cannot say so of any body of men under any one profession; many Papists may have the good seed ruling in their hearts, when many Protestants (who oppose them) may be governed by the seed of the Serpent, and so may it be of any other different profession amongst us.

SECT. II.

YEt the Lord, who maketh the wrath of man to praise him, doth not give us all those literall encouragements against outward Babylon to no purpose, but maketh good use of the infirmity of that fleshly and wrathfull part of ours, first to destroy a prouder sort of flesh in others, and then (having thus taken us with guile as it were) to engage us the more strongly to passe sentence against the Babylon in our own hearts, when he saith to us, thou art the man, by sending his Spirit to convince us of the sinne, not onely of that Edition: current; Page: [7-238b] our wrath, but of our best naturall wisedome and literall righteousnesse, which keeps the holy Seed and free Spirit of God in bondage in us, and then seeing none so bad as our selves, we become poor in spirit, mercifull, meek, and truly hungry and thirsty after the power and Spirit of Holinesse and Righteousnesse to dwell in us, and so are put into a fit posture to receive all those blessings which are promised by Christ to such a frame of spirit.

And when Babylon is thus destroyed, then is the Bride made ready for the marriage of the Lamb, that manifestation of Christ in our flesh, that Tabernacle of God with men, which is yet at too great a distance from us, because we cannot endure to forsake and sell all our present possessions, and so passe through that crucifixion which leads to it.

We rejoyce in the knowledge of Christ after the flesh, as a person without us, that hath done all for us through free-grace, and hath given us many spirituall refreshments by the Words of eternall life, which we finde recorded in Scripture from his mouth, and the mouths of severall Prophets and Saints, and to shew our thankfulnesse, are exercised in many Ordinances and Precepts.

But for the receiving of Christ as that quickning Spirit in us, to write all his own Lawes and Ordinances in our hearts, to be a Principle of light and life there, and a Fountain of living water, flowing still forth for the refreshment of others, without any design of return to our selves, as persons that are saved from self, not for self, this we are so far from, that we can hardly bear the report of it.

Our condition more resembles the Disciples, whilst Christ was with them in the flesh before his death, then those who enjoyed him in spirit afterwards, we are apter to look for some great preferment for our selves, by the coming of the Kingdome of Heaven, as the Sonnes of Zebedee did, then to deny our most blessed Edition: current; Page: [7-239a] estate for the saving of our Brethren, as Paul and Moses did.

SECT. III.

BUt I speak not this as if I had attained any great degree of such a resurrection, for the Lord knowes how my flesh findes out daily inventions to preserve it self from that crosse and death which leads to it; but having some experimentall acquaintance, both with the mystery of the Gospel, and with that of iniquity in mine own heart, I am enabled by the help of the Scriptures to make a further discovery of the great design of God, both in the inward and outward world, and accordingly to give my testimony (though in much weaknesse) and so finding my own flesh still dressing up it self in the choicest and newest formes of truth, that it mought act there in its own strength, rather than die daily, and become continually passive and subject to the Spirit of Christ, I am made to observe the like practice in the outward world, and in all Societies of Christians, and particularly at this time in the generall importunity, not onely of worldly minded men, but of most Professors also, for some publique form or other, to shelter and maintain their fleshly life from being withered by that bright Apoearance which is coming forth upon the world; and I doubt not, but the wisedome of the flesh in us would be content to submit to the purest form of doctrine or discipline that can be agreed on by the best Christians, so as it may but be secured by some fleshly power and force from the higher and various discoveries of the Spirit, and herein is that old Serpent his Arts Master, for whenever any spirituall truth is drawn forth into any form of words, and that form made obliging, then the old Adam will soon conforme to it.

But the new man will refuse to be brought under any such power, and be apt to avoid those expressions which Edition: current; Page: [7-239b] it sees the old man counterfeiting the truth by, and chuses rather to make out its mind in some other way, the better to distinguish the true professors from the false, and so those who follow the Lambe where ever he goeth, will still fall into the snare of that serpent, by incurring the penalty of those lawes, which were intended by weak Christians for the securing of the truth.

As the Spirit of God is not subject to any outward forme, onely makes use of it to convey it self into the world, the better to destroy the principles of worldly wisedome, and to exalt it selfe in stead thereof. So on the contrary, the wisedome of the flesh is not subject to the spirit, but onely makes use of any forme of its appearance to convey it self into the hearts of any Christians, the better to destroy the power of the spirit in them, and to exalt it self in stead thereof.

SECT. IIII.

ANd therefore I could wish that all of us, who pretend to the advancement of true Christianity in the world, would desist from any endeavours to separate our selves from Heretickes, by any publique forme of doctrine or discipline established by a fleshly power: For in so doing, we should but separate from the more spirituall professors, and entangle our selves in the fleshly interest of a carnall and hypocritical generation, worse then any of those whom we desire to avoide.

And yet I confesse that the provocations by those grosse opinions, and filthy fleshly practices in some that are full of high notions, have been very great, and such as have formerly startled me back into much contrary darknesse and bondage at the apprehension of them. But considering that this false fleshly liberty might possibly be a fore-runner of some true spiritual liberty, to break forth in an extraordinary manner, which the subtile serpent might endeavour to forestall Edition: current; Page: [7-240a] with prejudice by those delusions, as he had done the coming of Christ in the flesh by Judas, and Thadeus [Editor: unclear word] I was thereby caught to wait on the Lord with meeknesse of spirit, and by degrees was made to see light in his light. And then I found, that these grosse mistakes might possibly at first be occasioned from some true and high discoveries, the life and power whereof being withdrawn, the creature had gone to build on the foundation of the dead Image by its own naturall reason, and vaine Philosophy, and thereby begot those Monsters which still appear to me the more ugly, by how much the higher the Truth is, which is so counterfeited, and yet our naturall understanding can bring forth little better fruit from any fleshly and litterall formes of spirituall Truthes.

Hence is it, that the Wisdome of the flesh, is brought in by the Apostle, to conclude for mans abounding in sinne, from Gods abounding in grace: And thus I came to understand something of the mistery of that temptation to Christ, when the Devil had shewd him an outward vision of the holy City, and see him on the pinacle of the Temple, and then told him, if he were the Son of God, (truely perfect, so as to see God all in all) he should cast himself down: but the same poor creatures (being not furnished with the same power of resistance which was with Christ, but puffed up with admiration of their condition, and with fleshly confidence) have cast themselves down into abominable practices, counting it their liberty to become the servants of sinne through such temptations: yet I have heard that several of them have been recovered, and onely their works burned with such a fire, as cost them much paine and losse, and I hope the rest will be so also: in the meane time, I exempt not their outward and fleshly defilements from all jurisdiction of the Magistrate, though I wish he might be sparing of life to men, as men, in all such like cases. But sure it best becomes private Christians, to be slow to wrath, seeing we our selves may be under other great Edition: current; Page: [7-240b] temptations of worshiping the Prince of the World for outward advantage, or praying that stones may be made bread through inward bondage, and yet be as insensible of the sinne of it, as those other poore creatures are: Or possible we may lie so fast in the devils snare, as we may not need any temptations, being in our first naturall estate, and not so much as washed from the grosse pollutions of the world, or tasted any manifestations of son-ship through free grace: though we call our selves Christians; but in what estate soever we are, its an ill signe to see us apt to be wrathfully judging of others. For if we be weak, we are lesse able to judge, though we are most apt to it, and if we be strong, we should shew our strength in bearing the infirmities of the weak, and in seeking to restore them with the spirit of meeknesse, rather than in despising of them.

SECT. V.

NOw therefore if we will be setting up of any judgement seate, it would be best erected in our own bosomes, to distinguish between the two seeds there, to have a clear experience of the different actings of the old and new man in us, and to know that it is our great interest, to have that old man destroyed, as the greatest Idolater and blasphemer, (adoring the works of his own hands, and spitefully opposing the spirit of Christ) and all our traditionall Principles and fleshly imaginations, sacrificed by the fire of any conviction from the spirit of truth, as the most dangerous Hereticks, though they be to us as deare as our right hand or eye, for we must all be salted with fire, and better that fire be as salt to purge away our corruptions, and make our bodies and spirits fit sacrifices for the Lord, then to have the wrath of God to continue and increase upon our spirits to the uttermost: Better to meet our adversarie in the way, then to be made to pay the uttermost Edition: current; Page: [7-241a] farthing. Now the sooner our eyes are set this way, and the more abundantly our naturall principles are sensible of this fire, the sooner will it be turned into light, and the first fruits of eternall glory if the Lord, give us but patience to abide the triall.

But if we shall put this evil day farre off, and seek for satisfaction in any notion of free grace, that brings not this kind of transforming power along with it, we shall but deceive our own soules. Its he onely that heareth the words of Christ and doth them, who buildes on that rock which will not be shaken with the stormes. Paul, who was the most glorious Minister of free grace, still makes this a necessary consequence of it to walk not after the flesh but after the spirit, and to have the righteousnesse of the law fulfilled in us, and tells us, that if we live after the flesh we shall die, but if through the spirit we mortifie the deeds of the flesh, we shall live. And so himself was exercised with this kind of conformity to the death of Christ, as the way to the resurrection, and if were we but thus excercised also, we should find so much work within our selves, that we should have little mind to make any moddels of Doctrine for triall of others.

SECT. VI.

BUt now least I should be accessary to the transportation of any poor Christian into the contrary extreame, and from a carnall Gospeller to become a legall one, and so to take up many Gospel-precepts in a legall Principle, thinking thereby to be found amongst the doers of the commands of Christ, I shall take leave to explaine my self further, and to let thee know that I count all Gospel-precepts, that bring not Gospel-power with them, to enable us to performe the same in pure love and delight, according to the new covenant, to be but Law to us, though they be written in the letter of Edition: current; Page: [7-241b] the Gospel and whilst they are so, they are not to be conformed to in our natural strength, but to crucifie that strength of ours, that the power of Christ may the more appear when the Gospel bids us to love our enemies, to despise the world, or the like, (the righteousnesse of which we are convinced of) yet find not a willingnesse in our hearts to performe the same; it will not be our parts to take up resolutions of a present active performance, and so to do such things as may make our selves or others to believe that they are done in obedience to the command of Christ, whilst we have reluctancie at the same work in our own hearts, for thereby we should become no better then hypocrites, and further from receiving the power of the Gospel, then if we had not put our selves to that trouble: for the naturall man cannot but think the better of himself when he hath been at any paines to fulfill that which he accounts the command of Christ, and so long as we have any good thoughts of our selves or our own works, we shall never resigne up our hearts to the government of the spirit of Christ, to doe all our workes in us and for us.

SECT. VII.

BUt though these commands be out of our reach, yet ought we not to cast them behind us, as things that concern us not, for the commands are holy, just, and good, and not to be destroyed by Christs fulfilling of them: But to be fullfilled by us so farre as we are members of his body, and quickned by his spirit, therefore tis our great interest to have them alwayes in our eye, and when we see our selves unable to fulfill any part thereof, we should know that it is for want of that full regeneration into that new nature, (which we are apt to have more in word then in power) and so through the sence of this imperfection we shall become weak, and sinke down into Christs death, and then the power and life of Christ will be manifested Edition: current; Page: [7-242a] in us, for if the old man be crucified, the new man will be renewed: and if we be empty of our own fleshly life and strength, whereby we are made hungry and thirstie after the bread and water of eternall life, and power, we shall be filled with as much as our poor earthen vessels are capable of, and so be more and more enlarged by our dyings daily. Thus doth the whole law, which is to love God with all our hearts in all his appearances of light and truth, and our neighbours as our selves in all their infirmities and trespasses against us, by degrees become as naturall and delightfull to us as our meat and drink: and thus the yoake of Christ is easie and his burthen light, though his crosse be hard and heavie for as the yoak of all Gospel-work lyes on the new man, who cannot act without delight and peace, so the crosse of sufferings lyes still on the old man, who cannot act without labour and paine, therefore tis fit for him to carry that burthen so long as he lives in us.

SECT. VIII.

NOw as the old man cannot performe any Gospel-law or Ordinance, so neither can the new man be reproved for not performing any of them, for he makes his own lawes and rules, and all that he doth is good: For as the new man in the Apostle Paul would not be brought under the power of any rules or Ordinances, but used all still as made most for edification; so does he also in us so farre forth as we are grown up out of the state of childhood, (which differs little from servitude) into the state of the new man. Therefore we should be so far from judging one another, according to any rules of our own making, that we should not judge each other according to our conformity to any of those Ordinances, (as we call them) which may seem to be set down in the letter of Scripture, for we may see severall Christians lead into severall of them, different each Edition: current; Page: [7-242b] from other, and yet all by the same Spirit, and with good fruit to edification, so long as they comprehend each other in love; and so in their several administrations as several members are all baptized into one body by one spirit, but when they once forget the end of all commandements, which is Charity, and turn aside to vain janglings about Lawes and Ordinances, they cut themselves off from the same body, and make the most real Scisme, whilst they pretend most to avoide it: And then being so divided, they lose that sappe which quickned that whole body, and so wither into combustible matter, and are burned in the wrath and envy of their own spirits, which still draws down more and more of the wrath of God upon them. Is there any more sure Character of a false Christian then to say, Loe here is Christ in this Ordinance, and no where without it? Is not this the very same sinne in principle with that which the Apostle charged so sharply upon the Galatians, and tis observeable that in all the Arguments which he used to them, he doth not once mention the decree which was made at the generall Counsell, and by the holy Ghost at Jerusalem, well knowing, that if he could not open their hearts by that spirituall light and truth, which he held forth, it would little advantage them to lay aside that Ordinance of Circumcision by an Implicite obedience to that other Decree: For therein they would but have changed a courser for a finer piece of legality.

SECT. IX.

ANd yet these Jewish Teachers, had more to say from the letter of the Scripture, then for the imposition of that Ordinance, then any body has now for the imposition of any of these which are in contest amongst us: For the Scripture speakes of the Jewish Ordinances very distinctly, and that they should remaine for ever, but of these very darkly, and at most with limitation, as till Christ come, or the like. But when Edition: current; Page: [7-243a] once we come to have some good measure of experience by the spirit of Christ, manifesting it self in us, as the body and substance of all shadowes, none of these expressions remaine difficult to us, especially when we consider that the signes of Christs comming are applyed by Peter in the second of the Acts to that time when the Spirit was poured forth. And doubtlesse those times were not necessarily subject unto any certaine method of Ordinances in all the Churches, but the Apostle still applied their Precepts to them in such a way, as was most suiteable to their severall growths, and yet a method of outward Ordinances might be more proper than to distinguish Christians from the world by, then they can be now, when the World is got into the outward profession of Christianity, and therefore that limitation of (untill) might have its most proper period at the end of the World, which is described in the sixth of the Revelations, at the opening of the sixth seale, which related onely to the destruction of the heathen Empire, upon which the treading under foot of the outward Courts of Christian profession by worldly men came in, which rendered the true Church unmeasureable by any outward Formes or Ordinances, and accordingly she is described to be in a Wildernesse and sackcloth-condition, all the reigne of the Beast and Babylon: And I know of no middle state between the coming out of Babylon and entering into New Jerusalem, whereunto such Ordinances may be proper. Indeed its said, that the Temple in Heaven was opened at the first pouring forth of the Vials, but none are to enter in, till all that wrathfull work be over: So as if the Ordinances be to be used there, we may do well to forbear imposing of them till we enter in after these Vials are emptied, which are yet pouring forth on the World: But I believe those who have had the most glorious discoveries of that Temple, have seen no such things in it, sure I am that the letter of the Scripture doth shew no such Ordinances therein, when it sayes, That God and the Lambs are Edition: current; Page: [7-243b] the onely Temple, and that there needs neither light of the Sun, or Moon there.

SECT. X.

BUt I speak not this to discourage any bodie in the use of any administration, in which it pleases God to appear, though they observe them as Ordinances, and as binding Rules to themselves, so long as they preserve charity towards their brethren, who are otherwise minded and thrive in their own inward man: for I know it is a dangerous thing for any one to forsake his present state, before the Lord lead him out of it, by the teachings of his own Spirit and that we shall be sure to be smitten, if we goe about to enter into the Canaan of any rest and peace in our own strength: Therefore all that I desire of thee is, that thou mightst be willing to follow the Lord in any steps wherein he pleases to appear, and not to expect all thy nourishment from such Ordinances as may be wither’d to thee, when thou mayest receive the bread and water of eternall life through any other channel in a more immediate and experimentall way, yet will not this take away the use of all Ordinances, for the cleerer thy discoveries of light and truth are, the more apparantly will the remainder of thine own corruptions be manifested to thee, and so the more frequent and effectuall wilt thou be in the ordinance of Prayer, though not in such a formall manner (possibly as before) and the fellowship with Saints, (of some sutable growth) thou wilt be ingaged, to as a very profitable Ordinance for thy self, and them. The Scriptures likewise will be more favourie to thee then ever, because they will be opened more clearly to answer to thine owne inward experience, as face answers face in a glasse. But if there be any other Ordinances which are wither’d in regard of Edification, or perverted to vain janglings contrary to their primitive use, thou wilt accompt them but as stones or Nebushtan to Edition: current; Page: [7-244a] thee; Thus wilt thou come to finde that ’tis better to injoy spirituall refreshments in any manifestation of the minde of God without a standing Ordinance, then to enjoy any Ordinance without such spirituall refreshment, and so come to learn something of the Mystery of that temptation which was offered to the Captain of our salvation, when the Devil would have perswaded him to have prayed, that stones might be made bread, and of the answer by which he resisted it.

I have insisted the longer on this Point, that I might shatter thy confidence in any attainment in the observation of outward Ordinances, for though thou mayest be edified by them, yet thou shouldst not be edified into them, because the more exact thou art in that state, the more wilt thou be apt to despise and persecute others, for whilst thou lookest on Gospel-commands with that literall and legall eye, thou canst not but thinke them to be universall rules to all true Christians, and so endeavour to crowd them into them, or to cut them quite off without the consideration of the unsuitableness of severall measures and statures for any one outward rule, but as thou shalt be led into the government of the law of the Spirit of life in the heart, thou wilt know that that spirit is let in by degrees into several measures and statures, as it pleaseth God to distribute by severall Administrations and Ordinances: If man were made for Sabbaths and Ordinances, then ’tis fit that thou shouldst be subject to them, and that thou shouldst be sure to observe all of them even to the least circumstance, for there must not be a pin wanting in the Tabernacle; but if all Ordinances were made for man, then surely thou art bound to no more of them, then may serve to thy edification.

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SECT. XI.

BUt seeing we are so loath to be weaned from the breast, and to forsake our childish State, wherein we are trained up by an outward Letter, I cannot but doubt least we should make our selves debters to the whole letter, and so fall under condemnation, for not being subject to those civill Ordinances of men under which we lived, and for which there might be line upon line, and precept upon precept urged, as well as for Church Ordinances, for ought I know. And we may remember that the Scots applied the Scriptures to that part accordingly, when they were so happily reproved out of that twentie eight Chapter of Isaiah: Now if wee should be guiltie of the same legall principle in one form, which we condemned them for in another; how justly may we expect that the Lord should lay judgement to the line, and righteousness to the plummet, and so either scourge us by some of those powers which we have formerly condemned, or else let forth some legall levelling wrathfull spirit to come like the sweeping rain, and overflowing scourge upon all our outward concernments; and truly seeing we tear the spirituall building to pieces by our endeavours to establish it in an artificiall kinde of holiness, according to an outward letter, we may the lesse marvel, if the Lord should suffer others to tear the earthy Fabrick by their endeavours, to establish that on an artificial kinde of righteousness according to their naturall wisedome: Onely in this, they would likely have the better of us; for when their works prove unprofitable, they will soon be convinced of their mistake, and thereby learn to look up to the Lord for his Spirit to come, and take the dominion of the earth, whereas we are not so apt to be convinced as to be hardned by all our literall and legal holiness.

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SECT. XII.

BUt because we are like to stick more or lesse in this fleshly and legall state, according to the liberty which the spirituall appearances of Jesus Christ shall have to shine amongst us, and because not onely that liberty, but all other present happinesse to the whole Nation, seemes to depend upon that enlargement of heart, which if it please the Lord to give unto, or withhold from those persons whom his providence hath set up in eminent power and authority over us; I cannot but speak a word to you that are the Rulers of the people.

How does my heart yearn for you, least you should not know in this your day the things that belong to your peace; the Lord hath chosen you as the meanest of all your partners in civill or military power, and making his strength known by your weaknesse, hath destroyed all your enemies before you, in such a kind of marvellous manner as he did for his people of old, and all because he had given you hearts to entertain his spirituall Appearances in some power amongst you, and to give protection to others in holding forth more of them as the Lord was pleased to give in, when those more wise and honorable powers, according to a worldly accompt, that were joyned with you, were contriving wayes to suppresse that light under the notion of Heresie and Schisme; and what a sad thing were it, if you should now set down in the same principle, though in a various form, in opposition to any further discoveries of light? Can you think the Lord hath done this for the sake of any form of Government, either in Church or State, which you can pretend to setup? Surely no; for so long as men are men upon the account of the first Creation, its not any form can bring forth that righteousnesse which is bespoken by all the Prophets for this latter day: I confesse, that of free and Edition: current; Page: [7-245b] frequent popular elections is this best, but that will be hardly practicable in any ingenious way, till the people be taught by experience the benefit of mutuall forbearance in matters of religion; but yet tis onely the new Creation wherein true Righteousnesse dwells, and therefore it is, that the Lord prospers all those powers, which are as his annointed Cyrus, to give liberty for the building of the new Jerusalem (which is the Mother of us all so far as we are new Creatures) and breaks every Babilonish power that stands in the way of this spirituall Building.

And if all that stumble at this Corner-stone must be broken, how can you possibly think to escape, if you shall goe to suppresse all that is beyond your present scantling as Heresie, seeing we all know but in part, and that the more glorious every appearance of light and truth is in it self, the more strange and detestable is it to our naturall man, who cannot but account it Heresie and Blasphemy, as all the spirituall Truths which we now professe were at first accounted by all the Rulers of the world, who have stumbled at the same stone before you.

SECT. XIII.

BUt I know, that Whore of fleshly wisedome will tell you, that all this is but phantasie and delusion, and that it doth not become men in your places to be dazeled with such flashes, but to take the best course you can to prevent the confusion that would come by these pretences; and therefore she will advise you, to take some visible and solid materiable of forcible Laws, to build a Tower of defence that may reach up to Heaven, and make your selves a name of some one publique profession of Religion: And because there is such a confusion of language in Church-discipline that that Building cannot goe on, therefore it must be attempted by a form of doctrine, which will not onely unite the Edition: current; Page: [7-246a] Professors in England amongst themselves, but those Protestants in Scotland and other Nations to them also; and for such as will not be subject to any form when it shall be so happily established for common peace; it is but reasonable that they should be cast out, better that any one sort suffer, than that the whole name and profession of Religion should be destroyed by those heathenish Principles, which would come in at this door of toleration.

And if she cannot prevail with you to take up this grosse way of force, she will betake her self the more to her subtility, and tell you, tis too much for you to goe up to Jerusalem, and so offer you many fine inventions to create a corrupt interest to your selves, and an ease to the fleshly and formall principles of the people, and so by a side-winde bring about her persecuting design in the more formidable manner. I speak as to wise men, judge ye what I say.

Surely whosoever shall be seduced by that Whore to these or such like inventions, they will not long escape partaking with her in her judgements, according to the measure of their fornication; For the hour of her judgement is come, and the Lords Judgements are made manifest, and who shall not fear before him.

SECT. XIV.

BUt I forbear to use further Arguments of this nature, hoping that the Lord will be gratious to you, in delivering you from all these snares, and (that though he should suffer you to meddle more with Gospel-work than may come to your share) yet that he will keep your faces still towards his holy Temple, in the expectation of the Messenger of the new Covenant to write his Law in our hearts; and that as his work in the new nature shall encrease upon the world, so you will be content, that your own work shall decrease, though you suffer some pain, and losse in it (as we must Edition: current; Page: [7-246b] all be content to doe more or lesse at the brightnesse of his appearing.)

But if the Lord shall prevaile with your hearts, clearly to abandon her inventions, trusting him with his own work in the inward man, whilst you make your outward Gorvernment serviceable to his great design, in letting in his light and truth into the world, by removing every thing that hindereth, and make the positive part of your businesse to consist more in acts of justice and mercy, he will then prosper you still in all your outward affaires, and let in his further light and truth into your spirits, to destroy your inward enemies also by such degrees, as you are able to bear, till he make it a delight to you, to offer up all your dark fleshly principles and self-ish concernments, by a spirit of pure love, for the advancement of inward light and outward happinesse to the people, whose hearts will by that meanes be turned towards you, and so will light beget light, and love beget love, till our Jerusalem become the praise of the whole earth, and the first fruits of nationall happinesse to the whole creation.

FINIS.

Reader thou art desired to take notice of these following Erratees. These are some mistakes also of the Authors sense in the division of the Sections and Paragraphs, and other failings, as to right printing all which happened because the Author could not attend to look after the Presse, but upon this advertisement they may be mended by thine own observation.

In the Epistle. page 3. line 9. see guiltier read guilty. In the Book, page 1. line 9. leave out the word and, and l. 37. adde the word other before the word Idolaters, p. 2. l. 13. Instead of for c. from, p. 3. l. 2. for Scriptures 1. Scripture, l. 11. see principles t. principle, and l. 38. for impudent r. imprudent, p. 4. l. 18. for lefts r. least, p. 5. l. 28. for Adulterers r. Adulterer, p. 13. l. 13 for upon r. up, p. 15. l. 37. leave out the word not, p. 16. l. 28. for shall r. should, p. 18. l. 24. for their r. these, p. 19. l. 11. after the words aware of leave out the word it, p. 21. l. 31. fro bersts c. beasts, p. 24. l. 24. for cast them r. cast him.

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22 December, 1652

17.

7.17 Anon., The Vindication of Christmas (22 December, 1652).

Editor’s Introduction

(Placeholder: Text will be added later.)

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The Vindication of Christmas; OR, His Observations upon the Time.

IN the name of the King of Kings, and Prince of peace; in imitation of my great and glorious Lord and Master Jesus Christ, and in love to them that hate me, I am come to them that love me not. And as my good Master did know how coursly he should be dealt withall (by misbelieving hard-hearted Jews) yet he came on this day from whom I have my name of Christmas, or Christs Day: Even so, when I come this 25 of December, though I know I shall be hardly welcome to a great many; yet I am sure that as many as love my Master, will rejoyce to see this Day: The holy Patriark rejoyced, and Christ allowed it, but he dislik’d the unbelieving Jews that believed not. The Jewes did not, (and do not) observe it; but all christians did, do, and will celebrate it, and acknowledge it, for no christian will blot, or scrape Christs day out of the Kallender. This day mercy and truth met together. This day Righteousness & peace kist each other. This day the Lord chief Justice of Heaven Edition: current; Page: [7-249a] and Earth, brought Truth and Righteousnesse to judge, and Mercy and Compassion to save. This day divine Clemency shew’d himself a good Master to Misery. This day he came in Colours that wil come in Clouds. And, as God is manifested in the flesh, justified in the spirit, seen of Angels, preach’d to the Gentiles, believed on in the world, and received up in glory; so this was the sum and substance of all figures, shadows, and types, and the accomplishment of all prophecies. Thus my Master (who had no beginning) did begin this day to come and dwell amongst sinful men; the son of God, the King of Glory came this day, and this day was the first day of Christianity to all Christians, and as many as have true Faith in Christ. For, as the old year was before my Master, when misbelieving Jews & Gentiles lived in the darknesse of of ignorant Idolatry under the Law, or without the Law; so the new year came when the Father of Light sent my Master, who by the glorious light of his Gospel expelled & dispersed the black clouds and raists of Egyptian blindnesse. Therefore with the old year let us shake off our old faults, (the deeds of disloyalty and darknesse) and with the new year let us reverence & yield obedience to that bright Star of Majesty, who sacrificed his life, as a Priest, Prophet, and Martyr, for the freedom of his people; Yet notwithstanding in these our dayes of tribulation, by wofull experience we find that there were some over-curious hot zealous Brethren, who with a superbian predominance, did do what they could to keep Christmas day out of England; they did in divers places preach me for dead in Funeral Sermons, and labour’d tooth and nail to bury me alive in the grave of oblivion, by infusing an heretical opinion into the hearts of the people, to wit (or with little wit) that plum-pottage was meer popery, and Roast beef Antichristian. In detestation of which, they assum’d to themselves power and authority to plunder pottage-pots, to ransack ovens, and to strip spits stark naked, and tryumphantly carry to be disposed of as they pleased, for the profit and nodification of the righteous, and chastisement of the Ungodly. But know, that I am old and bold to tell the Zealots of these critick dayes, that my great Master is King of Kings, & Lord of lords, and chief President of all States and Parliaments; nay he is the ancient of dayes, who never had beginning, and never shall have end: therefore, ye Lordlike Mortal Earth-worms, no longer separate the Head and Members. O the fact is great, and the sin unpardonable! Edition: current; Page: [7-249b] Neverthelesse, although my Master was usher’d unto his Throne in tryumph: yet his Vice-gerent is expos’d to banishment; for alas! the times are chang’d, and the Government is altered; Christ and Christmas are both alike welcome to many; and if Christmas may be so bold as to ask those fiery spirited people the same question as my Master might have asked the Jews, For which of my good works that I have done do you stone me? So may I say to England, what harm have I ever done unto you? I am sure I never perswaded you to be so uncharitable as to cut one anothers throats, and to starve and famish the poor (as you have done continually) and do still ever since you banished me from your Territories, and it is to be feared that you will never be quiet; or have a happy peace amongst you, till you do give me better welcome for my Masters sake; he is the Prince of peace, and his peace you will never have that do unthankfully despise and neglect to solemnize the Day of his most blessed Nativity.

It is a lamentable and too long a story to relate in what a pitifull quandary I have been in any time these twelve yeares, when we came into this lamentable, pitiful, dejected, and headlesse countrey: I was in good hope that so long a misery would have made them glad to bid a merry Christmas welcome. But welcome or not welcome, I am come; and at my coming (a little before day) I heard the Cock crow merrily, which I took for a good Omen, or preface of a most free and jovial accommodation, which rejoyced me much, for I was as hungry as a Hawk, and as cold as a snow ball: the sable curtaines of the night being drawn, I gazed to and fro to make choice of the best houses, and house-keepers, to take up my quarters amongst them. But alas! the comfort that I found was colder then the weather; indeed I saw many stately buildings, but very little smoak from the Chimnies, for most of the Owners did carry their Kitchins in Boxes, and the best and dearest part of the Roast meat in pipes. Besides, there was a great complaint that Mr Tax, and Mr Plunder had plaid a game at sweep stake amongst them and that they would willingly have provided good cheir for me, but that they are so miserable poor, that they were not able to feed themselves.

A lamentable Reformation!

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This was no good news to me and my company, which inforced us to a pilgrimage up to the city of London, where I entred a fair house that had bin an Aldermans, but it was now possest with a grave Fox fur’d Mammonist, whom I found sitting over a few cinders to warm his gouty toes; from head to heel he was fur’d like a Muscovite, & instead of a Bible he had a Bond in his hand, which he poar’d upon to see if it were forfeit or no; but when he espyed me, he cry’d Traytor, Traytor; this reminded me of the Western Tragedy against my Masters Vicegerent; insomuch that I desired him to be patient, saying, Sir, my name is Christmas; and I come onely to make merry with thee. But this old Muckworm cast as dogged a look upon me, as if I had had a privy seal to have borrow’d money, and at last he open’d his mouth and said, Thou old saucy intruding fellow, me thinks one of thy age should have left off thy coltish tries: dost thou see any one that hath a care to live and thrive in the world, to be so mad as to mind thee or thy gambles; we are grown somwhat wiser in 12 yeares, then our Fathers were in twice 800. There dwels my worshipful Neighbor Sir Achitophel Pinchgut, and M. Miser, it is neither they, nor my self, that had ever come to have any estates, if we had not been Timists; therefore, be gone; nothing can change my heart, neither am I in the giving humor; I tell thee, I must follow the Rules of those that have served almost twice 7 years for their policy, for by the cross I have as little hospitality as honesty. I could have answer’d him with divine commandements and precepts; but every vertue (in this Age of Vice) is between two extremes, (as my Master was betwixt two Thieves) liberality in the middle, but prodigality on each side.

At my departure from this all Penny-wise, his son Mr. Pound-foolish, desired his crabbed Sire to bid me stay and Edition: current; Page: [7-250b] dine with him; at which the miserable Curmudgeon was even half mad with anger, calling his son spend-thrift, and prodigal Jack-an-Apes. Thus was poor Christmas used in the city, and wandring into the countrey up and down from house to house, found small comfort in any; some would only smile at me, and (because I should not piss at their doors) they would give me a cup of single, slender; lean, smal Beer, or Ale, which had the vertue to cause a man to make an Alphabet of faces, for it would have warmed a mans heart like pangs of death in a frosty morning. This merry memory (or sad remembrance) of Ale, caused me to ask the reason of this alteration; to which question, an honest Smith made this answer. Alas father Christmas (qd. he) our high and mighty Ale, that would formerly knock down Heacules, and trip up the heels of a Gyant, is lately strook into a deep consumption, the strength of it being quite gone with a blow which it received from Westminster, and there is a Tetter and Ringworm called Excize, doth make it look thinner then it would do. Indeed (to speak truth) my best and freest welcome with some kinde of countrey Farmers, was in Devonshire, where though both the Armies had been with them, and given them several visits, insomuch that if the Cavaliers had taken their horses, the other party made bold with their Oxen; if the one had their sheep, the other plaid sweep-stake; so that (according to the countrey phrase) great crock and little crock, all was ago; yet as soon as they spied me, they saluted me with much love and reverend courtesie.

A, ha, quoth I, this piece of the World is well mended; our dinner is better then our breakfast; this was as Christmas would have it; here is neither too much cost, nor too little meat: here is no surfet on the one side, or hunger on the other; they are alwayes the best feasts where the poor Edition: current; Page: [7-251] are relieved, for the Rich can help themselves. After Dinner we arose from the boord, and sate by the fire; where the Harth was in brodered all over with roasted Apples, piping hot, expecting a bole of Ale for a cooler which immediatly was transformed into warm Lambwool. After which, we discoursed merily, without either prophaness or obscenity; some went to cards; others sung carols, and pleasant songs (suitable to the times) then the poor laboring Hinds, and Maid-servants, with the plow-boys, went simply to dancing; the poor toyling wretches being glad of my company, because they had little or no sport at all till I came amongst them; and therefore they skipped and leaped for joy, singing a carol to the Tune of hey,

Lets dance and sing, and make good chear,

For Christmas comes but once a year:

Draw Hogsheads dry, let Flagons fly,

For now the Bells shall ring;

Whilest we endeavor to make good

The Title ’gainst a King.

Thus at active Games, and Gambols of Hotcockles, shooing the wild Mare, and the like harmless sports some part of the tedious night was spent; and early in the morning, I took my leave of them, promising they should have my presence again the next 25 of Decemb. 1653. in the interim, I left this christian Exhortation, to all people in general.

Love one another, as my Master lov’d you, relieve the oppressed, call home Exiles, help the Fatherless, cherish the Widow, and restore to every man his due.

Vale, For Twelve Moneths.

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Benjamin Worsley

Worsley, Benjamin

c. 1652

18.

7.18 Benjamin Worsley, Free Ports (c. 1652).

Editor’s Introduction

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FREE PORTS, THE Nature and Necessitie of them STATED.

UPon this certain and clear ground, that som Countries can best spare their Commodities at som seasons of the year; and that other Countries have not at the same time alike urgencie or occasion for them, doth arise the wisdom of som Nations in fetching Commodities from the places of their Growth at that fit and seasonable time, and storing them up till the Necessitie of other Nations do call for them.

At which time, those Countries that have this Necessitie, beeing furnished from those Magazines or Stores, both the Shipping of the said Countries are by this means prevented of their emploiment, and the Price, as much as the Market will bear, is raised upon them.

As

First, all Countries, whose commodities are Annual, such as are VVines, Fruits, Grain, Fish, Oils, Tobacco, Sugars, Galls, Cottons, Silks, Indico, and many other Drugs, as many of the Commodities of Spain, France, most part of the Commodities of the East and VVest Edition: current; Page: [7-254a] Indies, Canaries, Streights, &c. All these have their Seasons, and Harvest for those Commodities, at which time, they are most cheap, and easiest to bee had.

Secondly, All Countries who are subject to Mounsons, or Trade-windes, to extremities of seasons for heat or cold, or to deluges of Rain, among which wee may reckon many Ports of the East-Indies, many of Guiny, and Africa, som Coasts on the West-Indies, with all the more Northerly Regions of Greenland, Russia, Poland, Norwey, Sweden, Denmark, Prussia, &c. all those do likewise oblige a Commerce to them, at som times of the Year onely.

Countries therefore, who have no immediate Traffique with these places named, or that do neglect the going thither with ships of their own, at those fit Seasons; As such Countries as are either not well seated for Trade to those Parts, or as have not Convenient Ports, and number of Shipping to manage the Trade; or who are not expert in matters of Traffique, and Navigation; or such as are at feud or war with those other Nations; All these Countries, it is certain, when they stand in need of the Commodities of any of the aforesaid places, must bee beholding to the said Stores, or Magazines for them; and must bee content to abide the Prices or Rates set upon them.

Those Nations on the other side, who lie advantageously upon the Sea, and abound with good Harbors, Rivers, and Shipping; whose People also are well experienced in the managing of affairs of Traffique, and Navigation; and go generally secure from danger; These have likewise this Advantage further, of beeing able, at their own pleasure, to make themselvs such a rich and general Magazine or Store as wee speak of for other Nations:

Which design scarce any People hath ever pursued with such studied Industrie, or made proof of the vast benefits and advantage which come’s thereby, to so high a degree, as hath Holland.

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They fetching the Commodities of Russia, Norwey, Poland, Prussia, Sweden, Denmark, &c. and bringing them into their own Countries, do laie them up there at pleasure, till by advice weekly from all other parts, they are directed where to finde a Market for them; And accordingly carrie them into England, Ireland, Scotland, France, Portugal, Streights, or other places Southward: They on the other side go at fit Seasons to the Streights, Portugal, France, Spain, West and East-Indies; and fetching the Commodities of those Southern countries, do usually dispers them again back, into the more Northerly Regions; both into those that belong unto this Common-wealth, and to those others also that wee speak of, placing their whole Interest in the encouragement and sagacious Managerie of this Cours and Circle of Traffique.

Arguments tendred to move this Nation to undertake the like general Mart, as hath the Hollander;

Drawn,

First, From Exspectation of like benefit to us, that our Neighbors have upon this Accompt certainly gained to themselvs, seeing this kinde of Trade would effectually conduce

Both to the increasing, and to the better distributing Riches to this Nation, then by that wee now have; That is,

If Ports for Landing and Storing up forreign commodities; and exporting them again upon such easie Duties, as wee may hold the Market in all other countries with our Neighbors the Hollanders, may in all the fittest places of this Common-wealth bee opened.

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Secondly, It would tend as much also to the encreasing the Power and Strength of this Nation, both by Land and by Sea: as well in Guarding and plentifully planting and peopling those Maritime or Frontier-Towns, and the Countries thereabouts, which shall bee appointed and allowed for free Ports; as in multiplying the Shipping of our Countrie. A proof of which wee have alreadie had in Dover, which, after the Composition-Trade was settled there (that made it in som kind a free Port) did within Ten years time arise from nothing to have neer two hundred sail of prettie great Shipping; with an Increas of Stock, Houses, and all things answerable, although, having lost it now but neer as long, it is quite decaied in all again.

More particularly, Opening of Free Ports, will conduce to the Quickning of Trade; to the Imploiment of the poor throughout the whole Common-wealth: to the making of all Forreign Commodities more cheap, and more plentiful; seeing every man will bring in, when hee know’s hee may (if hee finde no market here) freely carrie it out again. It will likewise serv to the preventing of Famine, and scarcitie of Corn; to the raising the Exchange, and bringing in of Bullion: to the augmenting of the Revenue of the State: and to the making other Nations more dependent upon this.

As a further Inducement to all which, is offered to Consideration the many Advantages that this Commonwealth hath above our Neighbors, the Hollanders, (how much soever they have raised themselvs by this Art) for the putting in Practice such an universal intercours of Traffique as is desired.

As

First, From the Largeness of this Common-wealth’s Dominions, and number of our Ports and Harbors, above those of our Neighbors.

Secondly, From the plentie of commoditie wee have from Edition: current; Page: [7-255b] within our selvs, and from our own Plantations: which alone beeing now restrained to our own Shipping, will afford a Stock very great to begin with.

3.Thirdly, From the Freedom and Independencie that our Shipping have upon the Ports of any other State, or Nation; and the Soveraigntie wee keep and maintein in our own Channel. Whereas it is well known that our Neighbors the Hollander’s ships, have not onely a great, but a necessarie Relying upon the Ports and Protection of this Common-wealth: Great Fleets of their shipping continually beeing forced to put in, and for the most part to Winter in our Harbors, wee in the mean time very seldom or rarely bearing into any forreign Port for shelter.

4.Fourthly, From the Privileges many of our Ports have for beeing fitter Out-lets on any windes, then those of our Neighbors, and better situated for most Trades, either Southerly or Northerly.

5.Lastly, From the Boldness of our Coasts safe and excellent Road-steads; And for beeing at all seasons free from beeing frozen in and stopped; Whereas our Neighbors have on the other side a flat and dangerous Coast, barr’d and inconvenient Harbors; and such as are by reason of Ice, shut up and useless for almost a third or fourth part of the year; which singular Conveniencies or Privileges coming to this Nation so immediately from Providence, are not altogether to bee neglected.

The third Consideration (although in som regard most principal to bee weighed) is, the Inconveniencies wee at present lie under from the Trade wee have; and the Damages that will unavoidably grow upon us, if this Trade onely continue;

For,

First, The trade wee now drive tend’s, or is onely for Consumption; it beeing very little of forrein commodities that is re-transported upon the present encouragement, Edition: current; Page: [7-256a] or settled rate of half Custom.

For, though it may bee objected, that look what Tonnage, Subsidie, or Custom is paid upon forreign goods inwards, which are spent in the Nation, is onely disbursed for a while by the Merchant, and at length really accompted for to the immediate Buyer or Spender; and that therefore this Custom inwards, though it should bee great, cannot destroie the Merchant: Yet the case is however very different, and altogether otherwise in a Tax or Rate of half that custom set upon all the same unconsumed Goods when carried outwards, specially if there was an Over-valuing (as in many there is) of those Goods inwards.

Seeing although it bee said the other was paid by the Nation (that is the custom inwards,) upon all Goods here spent; yet this custom outwards is solely taken from the purs of the Merchant, and cannot bee re-imbursed to him again in other countries, especially when another forreign Merchant shall carrie the same commoditie thither, and by paying less custom shall afford it cheaper; for then this Tax outward must eat our Merchant up by little and little, and put a discouragement upon him.

For Example.

The Hollander and wee deal for spice, for Wines, for Sugar, Indico, Silk, Cotton, and for the Manufacture of Spanish VVooll: all which (with other Commodities) wee fetch from the places of their Growth, or first Production, in the respective shipping of each Nation; for som of which Commodities our Merchants at coming in pay in Custom, in Impost, and by over-rating the commoditie 10. 15. and in som things neer 20 per Cent. which if those Goods were sold here, and spent in the Common-wealth, the Merchant perhaps could not so much feel it (unless in a perishable and uncertain commoditie, where Edition: current; Page: [7-256b] hee oft suffer’s) for hee then rate’s his Goods accordingly when hee sell’s them.

But if hee shall desire to transport again those Goods into the East-Lands, into the Streights, or into any other places or countries where hee know’s they are wanted: Though of this great custom hee do receiv the one half back again;

Yet if the Hollanders shall upon the same Goods paie but 2 per Cent. Custom, they have the Advantage by this means before our Merchant of 5. 6. or 8. per Cent. in their Market (beyond Sea) beeing clean so much loss as to our Merchant, so to the Nation, and to the emploiment of its Shipping; this kinde of outward Trade beeing by this means at length wholly left off and deserted.

These two wholly differing in kinde one from another; For a Nation to deal or traffique in VVares and Merchandizes for its own expence and consumption, as countrie Gentlemen, or ordinarie Trades-men; And for a Nation to make its self a shop, and to buy and sell for the furnishing and provision of other Nations; as a man that keep’s a VVare-hous, or Store-hous; which latter Trade is that wee speak of;

In regard that a Nation that onely buie’s and trade’s to furnish it self, is confined to a Stock, and such a Stock, as must not exceed its own expence or Consumption: And the Emploiment of Shipping and Returns of forreign Goods must bee still as confined, and limited answerably; and neither Trade, nor Shipping, nor Stock are at utmost able to exceed the value of our Native Commoditie exported: For if the Libertie here of the Merchant and People for Trading and buying of Forreign Commoditie, should exceed our Exportation, or the value thereof, and not rather bee less then otherwise, it doth but tend more and more to the Loss of our VVealth, and to our Decay and Ruine.

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Wherefore all Consultations whatsoever about Trade, if Free Ports bee not opened, and this VVhole-sale or general Trade bee not incouraged, do still but terminate in som Advice or other about Regulating our Consumption; and have no other good at farthest, but preventional, that our Ballance of Import exceed not our Export: which to confine our selvs to alone, is, on the other side, a Cours so short, as it will neither serv to rais the Strength of this Nation in Shipping, or to Govern the Exchange abroad; nor yet to avoid the Damage and Mischief the Subtiltie of the forreign Merchant will hereby bring upon us.

Whereas if Free Ports bee opened, and Exportation of forreign Goods encouraged; not onely the Mischief of the Consumption and carrying out of our Treasure; and of Lowness of Exchange, will most effectually bee prevented, but both our Stock and Shipping will bee indefinitely or proportionably increased.

Lastly, A great Part of the Revenue of the State is for want of this general Trade clearly lost; for supposing Free Ports to bee opened, wee must grant there will bee an Access of wealth to the Nation, and an Increas to this Common-wealth by Strangers.

And consequently, Our Consumption of forreign Commodities will not bee at all less, but more; and therefore the Incom or Custom paid upon it. Over and above which, the State may have a Custom or Dutie in a very short time of one per Cent. upon the value of som Millions of Goods yearly, which now (by Reason of the Discouragements aforesaid) are carried into other Parts, and for which they yet receiv not one Farthing.

B.W.

FINIS.

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John Streater

Streater, John

31 March, 1653

19.

7.19 John Streater, A Glympse of that Jewel Libertie (31 March, 1653).

Editor’s Introduction

(Placeholder: Text will be added later.)

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To the READER.

IT is the general temper of People, to slight the looking after matters of publick concernment, they conceiving, that they are matters too high for common capacities, and more becoming States-men. That that I shall urge, is, that every Member of the Common-wealth, of right and in duty, ought to watch to their Liberty, and prevent Absoluteness in persons of great Trust. True, thou art to be obedient to Higher Powers, but that command or exhortation obligeth thee no farther then the Higher Powers act for the general good.

Suppose that the Higher Powers should command thee to slay thy fellow Member of the Commonwealth, wouldst thou obey them therein? but if they command Edition: current; Page: [7-260a] thee to preserve and defend thy fellow Member, his Liberty, Life, Estate, thou art in pursuance thereof bound to hazard thine; That that thou obeyest them in, thou oughtest to be able to judg whether he doth right therein or not.

Be not mistaken in higher Powers, they ought to be bound up by a law of mutuall consent of the Generality. Alexander grew a cruel Tyrant after his flatterers told him he was a God. ’Tis the onely way to give the advantage into the hands of those thou chusest to execute thy Laws of consent, to make themselves Masters of the common Liberty, to set too high an estimation on them, or think it is theirs of right: Yet the Authoritie that should preserve equity between man and man, should not bee slighted, for by that means Authority will be weakned.

Make good thy claim to Equity, and to thy right in election of persons in trust; Indeavour to understand thy Liberty; since Monarchy is destroyed, thou hast a perfect equalitie, in respect of thy Rights and Priviledges. Fear not any, be they never Edition: current; Page: [7-260b] so powerfull, if thou hast Equitie on thy side. Do not seek and scrape for favours, nor make parties to obtain thy desires; thou knowest not what thou doest; therein thou betrayest thy Self, thy Libertie, and thy Countrie. Do not endeavour to prejudicate. If thou suest for Right, let thy Judges stand in fear of doing thee wrong. Is Equitie and Justice theirs to give? No, it is their dutie; it is not their dutie to tire thee with delayes. Endeavour to know the Power of thy Judges, thy right, the Lawes; so that though it be not fit or safe for thee to be a Judg in thy own Cause; yet that thou mayest judg him that judgeth thee. And to the end that thou mayest know the position of Affaires, converse often with knowing men: and let knowing men endeavour to inform the lesse knowing.

Lycurgus accounted this an eminent prop or pillar to the State of Lacedemon, that his Citizens should converse and confer often of their Liberties, of Government, of Laws, of Peace, of War; and every one to Edition: current; Page: [7-261a] be as able to rule, as those that are chosen to rule: It is hard to rob such a people of their Liberties. Likewise, one Rule would be wel to be observed, That if places of Government were made lesse profitable, they would be lesse desired: when it must be undergone for conscience sake, esteem of none but such as are truly virtuous. Those that endeavour to enrich themselves, children, or kindred, are not persons fit for trust. It is thy duty to watch to thy Liberty; so it is also thy duty to watch to the Execution of the Lawes that are for thy Preservation. It is not onely thy duty to watch to thy owne Liberty, but to thy neighbours Libertie; nay thy poor neighbours Libertie, that the rich and mighty oppresse him not. Hercules was deified for imploying his strength in delivering the oppressed out of the hands of the oppressors.

The way that the Nimrods of this world grow mighty and powerful by, is to oblige such as may be hurtfull to them, so that they may dis-ingage them from joyning with the generality in defence of their Libertie; so that the Generalitie having Edition: current; Page: [7-261b] their Captains taken away, become a prey to their Absolutenesse; as Æsop’s sheep having their dogs delivered to the Wolves, became at length a prey unto the Wolves.

Flatter none of thy fellow-members of the Commonwealth with Titles, as, High and Mighty, or Excellent; The Title of Honor, or Honorable, is the highest mark of desert that a Member of a Commonwealth is fit to attain unto or bear.

Reader, Here thou art guided to know thy self, to know others; Their Power and thy Liberty. There is no one thing under Heaven the cause of misery by the assumed Lording of Usurpers, but Thy not knowing thy Liberties and Rights.

Confusedly have I presented thee with a Glympse of that, which I doubt not, if thou wilt cast thine eye to behold, thou wilt discover a greater light herein, then is discerned by him that is a wel-wisher to Publick Preserving Libertie.

J. S.

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A glimpse of that Jewel; Judicial, just preserving Libertie.

FOrasmuch as Monarchie is destroyed amongst us, it is convenient, and much in order to the preservation of the just rights of every member of the Common-wealth, that they should understand their Rights, Priviledges and Liberties. It was observable, that when Rome grow to that greatnesse, that by its Vertues and Arms it not onely preserved it self, but gave Lawes to other Cities, Common-wealths and Princes, it was when every member of that Common-wealth perfectly understood the mysteries of State, and were competent Judges in all matters and causes arising in the Common-wealth, as also of the disadvantage or advantage of either Peace or Warr.

Secondly, The great preservation and cause of the growth of the Common-wealth of Rome, after their shaking off that yoak, Monarchie, was the yearly election of all Officers in greatest trust, both Military and Civil; for by this means they were prevented of obtaining to those advantages of making themselves Masters of the common Liberty.

Thirdly, By this means also every one of the Commonwealth that affected Government, had hope of having share of the Government; therefore they endeavoured to improve themselves so, as to become capable of such and such trusts in Government: So that almost every one was an able defendant of their Libertie and Countrie: Therefore the greatnesse of that Empire is not to be admired; for it is hard to oppose such a composed Bodie, by such a Body or power as is acted or supported by the Counsels or Interests of few. Romes power began to decline, when the power and secret reasons of State were assumed by few, or one person. They never received such a stroak at their Libertie, as Edition: current; Page: [7-263a] when Cæsar was made perpetual Dictator: Therefore since we finde Rome strip’d of her liberty and glory, let England watch to hers: and to that end let us take notice of the wayes how persons that affect absolute Government endeavour the accomplishment thereof; the which may be found by knowing what should be on the contrary to preserve it from that danger.

1. A Government should or ought to be for the conservation of mankinde: for as government and Law is nothing else but a rational restraint of absolute Libertie - so it is also a rational restraint of absolutenesse in commanding: And natural equity teacheth us, 1. That no one should desire profit or honour by the prejudicing of another. 2. That no one should do or wish that to another, which he would not should be done unto himself. Now seeing in Government that every persons interest and good in that bodie is concerned, ’tis cleer that the power is essentially in the people. But forasmuch as the Common-wealth of England is so large, that it cannot meet as Rome, Athens, Sparta, or Corinth, in a Market place, or in a Theater, in Councel, Judgment, or matters of State; therefore it hath been the consent of the Commonwealth of England, for many hundred years, to contract their Authority in a Representative or Parliament: Indeed, their Kings never had any other power, then as their chiefest Minister of State and was no other then a member of the Common-wealth, bound up by the same Law and Rules of government; witness the Oath of Coronation, as also the Oath administred to all Justices, both of the peace, and the several Benches, An. 18. Ed. 3. St. 3. in these words, You shall swear well and truly to serve your Lord the King; and the People. Likewise the King often appeared by his Atturney at the Bar of the Common-wealth, sometimes as Plaintiff, sometimes as Defendant, in several cases at Law; nay, when the late King was at the height of his Supremacy, Hambden and Chambers brought their Action against him at common Law, in the case of Ship-money; they knowing that the power to impose Laws and Taxes, consisted in the Consent of the people represented in Parliament.

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It was notably observed by Plutarch, of Solon; being chosen chief in Government of the Common-wealth of Athens, the people being assembled in the Market place, he coming to sit in Councel with them, when he drew nigh the Assembly of the people, he caused the Rod that was born before him (which was a mark or ensigne of Government) the head to be turned downward, to signifie, that essentially the Government was in the People.

2. Therefore seeing that Power and Government is essentially the right of the People, for the good of the generality, or the greatest number, it is to be presumed, it must be in opposition to some, namely the vicious and foolish; A rod for the fools back, as Solomon sayes. Plato saith. That true Government is when men govern by Vertue and Wisdome; which is in opposition to vice and folly, as afore mentioned.

3. To prevent the having the Power wrested out of the hands of the People by an assumed absolutenesse of persons in trust; Suffer not great power to continue longer then one year in the hands of any one member of the Common-wealth. Doubtless, it was upon the same reason of State that that Act of Parliament was pass’d An. 4. Ed. 3. cap. 14. wherein it was ordained, that Parliaments should be chosen once a yeer, or oftner, if need be. One reason why it is not for the good of the Publick for long continuance of persons in trust, is because that continuance in any one action or undertaking whatsoever, burdeneth the spirits; for the spirits that give life to all action, most usually spend vigorously upon noveltie; but being spent, are no other then as tired jades, that leave one half of their work undone. A second reason why a prefixt time for the continuance of persons in Publick trusts (at one year, not more, rather less) would be much to the advantage of the publick, is, when they see one year is the time of their continuance, they will be desirous to do something in that time worthie of themselves, to preserve their memory, and to obtain a good opinion of the Publick; they will account it unworthy of themselves to leave any thing undone that should be for the good of the Publick, or that they should not relieve distressed persons that have made their Edition: current; Page: [7-264a] applications to them for redresse: by this means Petitions wil not lie dormant three, four, or five years. Thirdly, It will oblige them to do that which shall indeed be for the good of the Publick, they knowing, that at the determination of the prefixt time of their Trust, they are in no other condition then the rest of the members of the Common-wealth, and so shall have an equal benefit of those good Laws and Provisions of publick safety which they have been instrumental in for publick good. It will not be safe in new Elections to chuse any that have served in a Representative again untill five yeers be expired or more.

4. In your choice have regard to this rule, to chuse men fearing God, and hating covetousness; for undeniably covetousness is the in-let to all manner of corruption, oppression, in-justice and Tyranny: Covetousness in a person of great trust, is evil in these two respects: either first, he is covetous from a base worldly mind, and therefore unfit for Government; or secondly, being desirous of greatness, is covetous to obtain wherewith to support his greatness, or defend him in his greatness; and therefore in a Common-wealth dangerous.

5. The manner of the choice of Members representative in a Parliament, should be so, as to prevent making of parties; for the party, or number of men that prevaileth in their Election of any one, obligeth him that is elected; and on the contrary, those that oppose that Election, him that is elected will conceive himself disobliged to them: therefore to prevent those inconveniencies. A more equality of choice will be safe (as when for Knights of the Shire, and Burgesses, there are to be two pitch’d upon by the consent of the County or Burrough) that the County or Burrough should chuse ten wise and honest men, and out of them ten, elect two by lot; by this means, making of parties will be prevented, also many will be prompt to improve their parts, so as they may be fit for so great a trust; likewise it will oblige more to the owning of that Government, wherein they see a possibility of having share of.

6. That the persons chusing, as well as those chosen or Edition: current; Page: [7-264b] elected, should not be persons disaffected to the publick Interest.

7. That no one member of the Commonwealth have too much power committed into his hands, lest he make himself Lord of the common Liberty, or at least become thereby too powerful to be dealt with; to call such persons to an account may prove dangerous, for they to secure themselves, usually make use of their power in defending themselves, as Cæsar when he made himself Lord of the Empire. Alcibiades (being told Pericles was making up his accounts to the Commonwealth) said, That he rather should study that he might not give the Commonwealth an account, the which Pericles had done, had not the Commonwealth of Athens watched him the better.

8. That the Lawes of the Commonwealth should be explained and abbreviated, fit for the understanding of every one of capacity. Vespasian when he received the power of the Empire, he, to oblige the people, caused the Lawes to be written in brass; for if people understand their Liberty and Lawes, they are not so subject to be oppressed; and therefore ’tis the policy of him that would invade the liberty of a people, to keep them ignorant.

9. Those in power should be sparing of the publick Treasury, for oft times they dispose of it in favour to oblige many, whereby to strengthen their interest; which is dangerous; for that which is given by a Commonwealth, or promised, it must be real, for they have not that advantage, to bestow empty titles of honour, as Princes have (when their coffers are empty) to satisfie the ambitious or covetous.

10. That if a Commonwealth be necessitated to keep arms to justifie their interest, it will be safe that Discipline be strictly observed. otherwise they will become inconsiderable, and therefore in the Summer, their Forces should rather be encamped in the field: by this means Discipline would be preserved, Factions prevented, they would not be fastned to those relations, they would be more entire in bodies, consequently more ready to answer the necessities of the publick, in case of invasion or insurrection. It was Edition: current; Page: [7-265a] observable, the Romans were more strict of Discipline in peace then in time of War.

11. That no priviledges be taken away from any Corporations or Societies (provided that every member of these Corporations or Societies have an equal benefit in those priviledges) but rather new granted: by this means Philip the wise made sure his estate: The Emperor Otho did the like. Lawes, Priviledges and Customes, and the like, have been the only Pales and Defences against Tyranny and Absoluteness; they have been as meers between common right and absoluteness; and those that attempt the taking away of these Defences, may be justly suspected of making preparation to absoluteness.

12. That no member of the Commonwealth ought to have guards for his person. Numa Pomphilia being chosen King, he told his Citizens of Rome (upon the discharging of the 300 men at armes) that forasmuch as he was intrusted in that Government by them, it was as reasonable for him to trust them with his person. So Timolian being by the Commonwealth of Corinth sent to aid Syracuse, being Victor, and having obtained the Castle of Dionysius, caused it to be demolished, and rather chose to oblige the Syracusians by Justice and Liberty, then to fasten obedience to them by arms.

13. That it may be made Criminal for any person in publick trust to receive any Bribes, Fees, or Gifts, that shall have Causes or Petitions depending before them; for by this means creepeth in all manner of corruption, injustice, partiality; by which means also the judgment is over-ruled and corrupted. It was to prevent the like inconveniencies in administration of publick Justice, That that Statute was enacted. Ann. 18. of Edw. 3. You shall not suffer your self, or any other for you, to take gift of Gold or Silver, or any other thing, that may turn to your profit.

14. It will be of great advantage to appoint twelve Counsellors of State, that should be qualified with abilities and judgment in Moral, Civil, and Common Law, as also the Law of Nations, and Military policy, the interest of forreign Princes Edition: current; Page: [7-265b] and States, that at all times the Supreme Authority may demand their advice in cases of difficulty: but it is not fit they should be imployed in any thing but in advice; it is not fit nor safe, they should be qualified with the least power, not so much as to summon any person before them, nor decide or put in execution any matter Political or Judicial; it is fit they should continue in this trust, that they may be the better acquainted with matters of State, and constitutions of Government.

15. That Judges doing Justice in the name of the people, should be honoured with robes of Honour, which upon the arraying of them, it should de done in the name of the people: and that they continue no longer wearing those Robes, then sitting in the Judgment Seat doing Justice: also that Judges should be elected once a year out of the Learned of the Law.

16. That the better to prevent confusion, that the Authority of the Commonwealth may be preserved in a lively and eminent manner: to that end all Courts of Justice should depend one upon another, and all should be governed by the self same Law: So in all matters of State, all particular Councels should depend upon one Superior. As all Cities and Corporations, though by the joint consent of that Society, may ordain or enact any thing for the good of that Society, yet it should not be Law, until it be confirmed by the approbation of the Superior Authority, unless it be in some special cases, wherein they have a clear right by equity in Law to do or cause to be put in execution, such things as are for the good of that Coporation or Society, so that the execution do not extend to any others then the members of the same body. Care ought to be had to unite all bodies in a Commonwealth, so as to depend one upon another, for the good of the whole; by this means they become powerful, and as a drop of water being united to the Ocean, becometh part of that infinite body. Tacitus telleth us that the English did consult and make War against Cæsar apart, by Cities, or Counties, and therefore were overcome apart: a union of bodies, so as to depend one upon another, and jointly Edition: current; Page: [7-266a] to support an Authoritie over the generality, there is no strength like unto this: onely have care that that Authority have sufficient checks upon them, that they may be tied up to rules to act for the general good, and not be swayed to interest.

17. Every one is to understand he is equally interessed with any member in respect of the common Libertie, and that there is no difference but in point of Trust: and therefore to clear this point, ’tis fit to consider what the nature of Law and Government is in general. Plato tels us, that Law and Government is to preserve the undigested and huge lump of a Multitude, and to bring all discord into proportion, so as to become an harmony. Aristotle saith, that all rectitude hath a being, and floweth from the fountain of being; whereas obliquitie and irregularities are meer privations and non-entities. Plato also saith, that every thing that is profitable hath a being, but no fruit can be gathered from privation: There is no sweetnesse in obliquitie; and therefore Government and Law is an wholesome mixture of that that is just and profitable to all. Such Lawes the Ancients imagined were chained in a golden chain to the Chair of Jupiter: and sure it is, that equall and impartiall Government doth derive from God himself, when it doth continue and constitute Lawes and Constitutions agreeable to the welfare and happinesse of those that are to be conformable to them, and that the consent of the whole Bodie be obtained. Aquinas saith, that Law and Government is a rationall Ordinance for the advancing of the Publick good: That is Law and Government that the necessity of the Publick standeth in need of, either to preserve it, or to make it happy. All Law and Government originally ariseth from the Law of Nature, to preserve all in being and propertie. The life and power is most eminently seen in rational being, as Chrysostome hath very rehtorically enlarged himself in the 12 & 13 Oration of his, thus; That all rationall beings have a radicall and fundamentall knowledg planted in them, budding and blossoming in first Principles bringing forth fruit, spreading it self to fair and goodly branches of Morality, under the Edition: current; Page: [7-266b] shadow of which mankinde may sit with much complacency and delight: Therefore for the governing of so glorious beings, ’tis fit that Government should be an abstract from the consent, and for the good of the generality of those that a Law or Government is to regulute or binde. But as it hath been formerly said, such as are of greatest power, (though not of right) have laid the greatest claim to Government, and imposing Laws. Much like was that Sophisme affirmed by that Sophister disputing with Socrates, when he affirmed that Law was an Antipathy to Nature, and that the most eminent justice of Nature was to rule according to Power: But Socrates (after he had stung the same Callicles with a few quick interrogations) affirms. That there was no such harmony as between Law and Nature, that there is nothing preserveth Nature more then Law; but it must be as Aristotle affirmeth, when it is attended with Reason and Equitie. Though Rome had no Politicall Laws to check the tyrannicall pride of Tarquin, yet they had a virgin-Law of Nature which beamed out of an eternall Law, which was of strength and force to revenge a modest Lucretia, and expel so licentious a Prince from his Dominions. Likewise a late contemptible Marcionella by putting the Neopolitans in minde of their Laws granted by Charles the Fifth, did shake the very interest of the King of Spain in Naples, and nothing could appease them, but by assuring them that they might be governed by such Lawes as should be a preservation to them and their posterity. This is manifested in every Being, they use to fly from such things as are destructive to their own Species, and incline to all neighbourly and friendly beings that comply for preservation. All preservative Government and Law floweth from the law of Nature, but it is to the end Morall. Now since it appeareth, that there is an undeniable right in all rationall Being, and that they stand constituted with this right from the Original, which is the law of Nature, it being the fountain from whence all other Laws flow: and if natural, then equall; so that hence may be concluded, that no person or persons hath right to Government, or power in giving Edition: current; Page: [7-267a] Lawes, but when they stand constituted by vertue of an immediate election, or derivatively from such persons as are to stand bound up by such Governors, or Government, unto which they are to be conformable; and it is as clear, that there is no way to preserve a peoples Rights and Liberties, from such as would make themselves Lords thereof, as often or annual elections; for if the people keep the right of often elections in their hands, it will make such as affect Government desire to be alwayes in the peoples favour; to that end, they will endeavour to oblige the people by acts of Honour and Justice; the people here must take heed they lend not such persons too much of their favour: to prevent this kind of evil, the Athenians banished such as had obtained, or did endeavour to grow too great in the peoples favor, they looking upon them as dangerous persons.

18. One of the principallest reasons of Romes declining in its glory, was when that persons in greatest trust insinuating into the peoples favour, by that means enlarged their power, and consequently became unquestionable. You may discover them treading these steps: 1. They insinuate into favour by pretending to be publickly affected: 2. They hedge in advantages to enlarge their power. 3. They find some necessary undertaking or other; thereby to possess the publick with an opinion of a necessity of imploying of them, by this means daily obtaining new advantages. But the safest way for a people in this case, is not to heap too much favor or Honour upon any one member of the Commonwealth, but keep such a mean as may not turn to the detriment of the publick, and alwayes provide means to curb their overgrown Members, lest a subversion of their Liberties ensue.

19. That the Publick ought to be preferred before the private: the contrary have been the overthrow of the liberty of many flourishing Commonwealths; for whilst men have been bundling up of private advantages, rather then they will run the hazard of losing of a few inferior and base contentments, (which may be called quiet, and not liberty) in contending, or at least, they seeing that such with whom they must contend are more powerful, they dispair; never Edition: current; Page: [7-267b] considering, that it is more honourable to rescue their Liberty from the powerful: Such a slavish spirit in men to suffer themselves to be trampled upon by their fellow Members, gives encouragement to many to attempt the making themselves absolute: therefore a people that will keep their Liberty from being infringed, must not fear to oppose the most powerful: ’Tis not to be understood an opposition by arms, but a legal opposition; but if all lawful means fail, arms may be made use of.

20. That neither Princes nor Parliaments are, or ought to be absolute in their power; neither the one nor the other, ought to act any thing that should be inconsistent with, or prejudicial to the common good of all men. That the people of England had an undeniable right to contend against absoluteness in case of injustice or detriment, appeareth by the second of Henry the IV. Ch. 22. wherein ’twas enacted. That no person should be grieved for suing to break or alter any thing, although in Parliament enacted: So that it doth not only appear to be the right of every Member of the Commonwealth, but also their duty, to oppose all absoluteness or illegal power that shal be assumed by any that shal get the start of them in Authority or Greatness. But on the contrary, those that shall conspire to break, or alter the position of Government, are no other then Traitors to the common interest.

21. That all persons upon the resigning his or their Office, be required to give a publick account; for in private accounts there may be connivance.

22. When Magistrates do not answer the end reposed in them, providing for publick peace and Justice: a people in this case may constitute a Power to question them for their actings: provided also, that they still have regard to keep life and strengthen their Authority in such persons as shall act to that end that their trust was reposed in them for.

23. That a people stand not, by the Law of God, or the Law of Nature, bound to obey a Magistracy in any thing Edition: current; Page: [7-268a] that shall be destructive to the general good, or that shall be unjust to a particular; but it is the duty of every one, so prejudiced, to oppose it and declare against it, in testimony that a people do not stand bound to obey or submit to any thing that shall be destructive to the general, or unjust prejudice to a particular; as may appear, Anno 2. Edw. 3. Ch. 8. expresly in these words: That it shall not be commanded by the Great Seal or little Seal, to disturb or delay common right; although such commands do come, the Justices shal not therefore cease to do right in any point. Likewise, Ann. 20. Edw. 3. Ch. 1. ’Tis commanded, That all Justices shall do right to all people, not having regard to either rich or poor, without being let or hindred by any commandment which may come to them from Us, or from any other, or by any other cause: and if any such do come, either Letter or Writs, the Justices shal proceed according to Law and Right notwithstanding, as is the usage of the Realm. So that it is clear, that none stand bound to submit to a Magistracy or Authority, but wherin the good of the Publick is concerned: so also it may be from hence concluded, that subordinate Officers should rather endeavour the knowing their duty in relation to the publick good, then to conform themselves to the will of their Superiours: for him that obeyeth, should be able to judg whether that which is commanded be in the power of him that commandeth, else he that obeyeth may execute (in stead of the Law of the Common-wealth) the absolute will of his Superior, which error reduceth him to slavery:

24. The judgments of the people are not so subject to be corrupted as great persons, for the people have no other end in what they desire, but common equity; whereas otherwise great persons are swayed by several ends and interests; and therefore often elections are more safe: for by this means the people keep the power in their own hands. Election is to be understood a qualifying of those which are to be elected with Authority to execute Law, that is extracted by mutual consent of the generality for their good.

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25. That all actions in favour of parties be laid aside: this will be a means to keep all at an even poyze, so that one side should not out-weigh in power, riches or honour: this is, for the preservation of the State of Venice, duly observed at this day, as may appear by the custome of the Senators to put off in Saint Marks Church, all affection, malice and quarrels, so that when they deliver their opinions in Senate, it is clearly for the good of the publick, without having regard of private interest. There is an inscription in Marble, in letters of Gold, at the entring in of the Councel Chamber of Reinsburgh, Whosoever thou be, Councellour or other, that in regard of thy Office goest into the Councel Chamber, out off, and leave before this door, all private affections, anger, violence, hatred, friendship or flattery; submit thy person and care to the Commonwealth; for as thou shalt do right or wrong in this, so expect from God who will judge thee in this thing. The Senate of Rome, when Rome flourished, were enjoined by an Oath, the substance thus: You shall swear by Jupiter Olympian, and Counseller, and by Vestal the Consultress, and by Jupiter the Marrier, and June the Married, and Minerva the Provident, and Victor, and Venus, and Amity, and Concord, and Right, and Equity, and good Fortune, and all other Gods and Goddesses, that I resolve to speak my opinion according to the Lawes and Ordinances approved by the City, according to the Decrees and Edicts of the Romans, by the which our Commonwealth is govern’d, having respect to the profit of my Country with all my power; I shal not suffer that my judgment or counsel shall be subject to favour, hatred, gifts or presents; I shall not frame my Sentence to the will of any particular, nor join my self to any man or party, but only to the common benefit, that I may to the utmost of my power increase the Commonwealth. So that it appeareth, that the Commonwealth of Rome had a necessity to provide against partiallity, and promoting of private interest: you shall not find one amongst the Romans, during its glorious freedom (until corruptions gained footing in the Commonwealth) that was ever preferred for being Cozen, Uncle, Father, Son, or otherwise related, but their tryals were their qualifications and abilities to Edition: current; Page: [7-269a] undertake in peace or war for the good of the publick. In the forementioned Oath, you may mind one clause, which is, That they shall deliver their opinions according to the Laws and Ordinances approved by the City or Commonwealth; so that people that are free from being Lorded over by the claim of any one person as Monarch, are not bound to observe or obey any Laws but such as they shall consent to by a general approbation. Caius first directed his voice in his Orations to the people, and not minded the Senate; (whereas other Orators that deceived the people, and flattered the Senate, directed their voice to the Senate) He restored the Authority of the people, and minded them that Government was provided for their good, to deliver them from serving the more powerful: and therefore it should behove them to watch to their Liberty, that they should not look upon any circumstances in Religion to be qualifications for publick Trusts.

26. When a Government is contracted into the hands of one or more, that they come to pretend any thing of right to Government, that Commonwealth is seldome free from War, both Civil and Forraign: so that that bloud and treasure that should be spent in enlarging the Dominions of the Commonwealth, are spent in quarrels of such persons as lay claim to the Government: as an instance, the Warr between the House of Lancaster and the House of York, wherein so much of our English bloud was spilt. That indeed should be an inducement to caution England never to let any of their members grow too great, nor continue too long in great Trusts: Many claim a right by no other Title then long Continuance or Possession. What miserable Wars, Murders, Burnings, Depopulations, Cruelties of all kindes were committed in the times of Nero, Galba, Otho and Vitellius? which were personal quarrels of those, to grasp at the Empire, and to hold it when possessed. Likewise the Civil War between Cæsar and Pompey was the cause of he Roman Commonwealths losing of footing, by suffering two of their Members to grow to that greatnesse, to be able to wage such considerable Wars one against the other, by which means Edition: current; Page: [7-269b] the Victor became able to give a Law to the Commonwealth, and could no longer relish receiving a Law from them, after he had tasted what large Command, and long continuance therein was &c.

27. If the Common-wealth hath many Warrs, they should not put the Conduct on one Members shoulders; but rather chuse severall Members for several Undertakings; so that by this means there wil be several or many of equal credit, and therefore lesse dangerous.

28. That those that have the charge of the conduct of Armies, may not have the power of disposing the Treasurie, not the levying thereof; but the Civil Power to act in that particular, that the Military power may know they are Servants, and not Masters.

29. Care to increase Manufacturie ought to be had, for that enricheth and civillizeth the people. Likewise care in Commerce, to poize the exchange with Forreigners, left they eat you out of the Principal.

30. Not onely to be careful to provide good Laws, but also to provide a due execution, and that penalties may be inflicted against those Magistrates that are remiss in the due executions of those Laws and Constitutions as are provided for the conservation and good of the Publick.

31. That private motions or making of friends to obtain any thing whatsoever, may not be allowed of under great penalties.

32. That all persons in trust should be limited to act according to the Laws, Customs and Usages of the Commonwealth, and not otherwise then to the preserving of just and equall Freedom. It is not to be understood of just and equal Freedom or common libertie, to be any other thing then to distinguish and preserve Proprietie.

FINIS.

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9 July, 1653

20.

7.20 Anon., The Fundamental Lawes and Liberties of England (9 July, 1653).

Editor’s Introduction

(Placeholder: Text will be added later.)

IT is a Maxime of Common Right yielded and granted of all hands, of Parliament and Army throughout their several Papers, That the People of England are a free People, the sole Original of their own Authority, and in no wise to be subjected to the Iron yoak of an imposed Government, the Agreement and Election of the Free People being the true Fountain of the Supreme and of all subordinate Authorities of this Land; and what is of other Derivation, the same not to be admited or submitted unto; but declined as Arbytrary, and Forreign.

1 For the People in general have all Law and Authority within themselves, managing their publike Affaires by their Own elected Parliaments or Common councels of England,

2 Judging, deciding, and determining all Matters and Causes whatsoever by their Juries,

3 And in all things betwixt party and party, whether of Bargains, Sales, Conveyances, Bonds, or Releases, the Agreement, Consent, or Contract of the party and parties concerned, is the Law of the Land, Fundamental and unalterable.

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So that the People are the Beginning, Medium, and End of, and through the whole Frame of England’s Lawes and Government thus founded and laid by Our Fathers, whose Heires we are, and which we must claim as our chiefest Birth-right and Inheritance: All is prepar’d and ready to our hands, our Lawes made, our Government founded: Our work is not now to tear up these Foundations, to innovate or introduce any new Constitution or Frame of Government, but to maintain, defend, & preserve the Old freed from the Encroachment and Usurpations of Kinges, Lords, and Priests. And within these antient indisputable Boundaries are our Parliaments or grand Councels to be confined: beyond this they are not to swell; hither are they to go, and no farther.

And it is the Inheritance of our Children, which our selves have not power to give away from them.

It is out of the limits of our Trust; for the People, who are the Trusters, are as well limited as their Elected Trustees: they cannot confer more then they have in themselves: this Generation cannot of right dis-inherite the next.

Thus is our Government (if rightly considered) certain and stable, as the Foundations of the Earth, not to be tost and varied from this to that at Will and Discretion (the Parent of Factions, Discentions, and War) but to be preserved as sacred and unalterable: And then the Commonwealth, as it shall be free, so shall it be safe and quiet in it self.

And now the wars being over, we cannot look upon our selves as a conquered people, to receive our Laws and Government at the hand of a Conqueror, Conquest being a Title more proper amongst Beares and Wolves, then amongst the free people of England. The Army being raised not against the People, or for subversion of their Rights, but for the maintenance of their Fundamental lawes and liberties; in doing whereof, they have had the cordial assistance of all the well-affected of this Nation, as part whereof we alwayes esteemed them to be: So that, in subduing the common enemy, we subdued not our selves, nor lost our Birth-rights.

And therefore we cannot deem it any Crime to lay claim unto the Fundamental lawes and liberties of our dear and native Countrey, the constant Claim of our Fore-fathers through all succession of Governments and Changes in this Nation; and to agree unto, maintain, and assert the same, hoping that the Gentlemen convened in Councel Edition: current; Page: [7-271b] at Westminster, will never go about to take that from Us, they never gave Us, Our Lawes and Liberties; but will improve this blessed Opportunity now in their hands, to restore us to the full fruition and enjoyment thereof, which will engage Us freely of our own accords, as occasion shall be offered, to hazard and spend our lives, and all that is near and dear unto Us in their just defence.

And therefore they may (amongst other of the free-born people of England) be pleased to take notice, That amongst other of our Liberties and free Customs of England, these following, as our Fundamentals, we claim and expect in behalf of our selves, and all the rest of the free people of this Commonwealth; and let none think it strange, or that it is our presumption: For our Liberties are our own, and our Childrens after Us; they are not of Grace or Favour: And therefore we crave them not at an Almes, but claim them as Our and our Childrens Right.

1 And first, that the Government of England is not to be Arbytrary.

2 That the Supreme Authority cannot be devolved upon any person, or persons, but by Election of the free people.

3 That yearly Parliaments (to be chosen of course by the people) is the onely Supreme lawful Government of England.

4 That all Officers and Magistrates of the Common-wealth are to be ordained and commissioned onely by the Election of the People of the several places where they are to officiate; none to be in publike place above a year.

5 That no other wayes of Tryals be in England for life, limb, liberty, or estate, but by Juries of any person of what quality soever: all other wayes of Tryals; as, by Commissioners, Committees, High-Courts of Justice, Councels of State, Privy Councels, Councels of War, Courts Spiritual, &c. being but the branches of Popish, Regal, and Arbytrary Power innovated upon the Liberties of the People.

6 That Parliaments have not power to continue their Sitting above a year.

7 That Parliaments are not Executioners of the Law.

8 That the whole execution thereof be referred to particular Courts of Justice.Edition: current; Page: [7-272a]

9 That no man is to be judged before due Tryal, or by a Law made after the Fact committed.

10 That Punishments are to be proportioned to the Offences, an Eye for an Eye, a Tooth for a Tooth, and Blood for Blood.

11 That the Iuries of England are Iudges of matter of Law, as well as matter of Fact.

12 That upon all Tryals Witnesses on both sides may be sworn, the Accuser and the Accused brought face to face, and all Courts to be publike and open.

13 That no man is to be compelled to swear or answer to Questistions, to accuse himself or Relations.

14 That no coercive Power is to be admitted or exercised in matters of Religion.

15 That the maintenance of a Clergy, by way of Tythes, or other enforced Maintenance, is not to be imposed, or submitted unto.

16 That all Suits be ended, past all Appeal within a short prefixed time, in the Hundred, and Country Courts onely.

17 That Bale in no Case is to be denied, Tryals to be speedy, and tedious and hard Imprisonments no longer to be suffered.

18 That the right of the Poor, in their Commons, may be preserved, and freed from the Usurpations, Enclosures, and Encroachments of all manner of Projectors, Undertakers, &c. and that all servile Tenures of Lands, as by Copy-holds, or the like, be abolished and holden for naught.

19 That no Fees are to be taken by Gaolers of their prisoners.

20 That all proceedings in the law are to be free, without charges or Fees from the parties to the Officers.

21 That no mans Body is to be imprisoned for Debt; but all Estates to be liable to make satisfaction.

22 That no man is to be impressed to serve in the Wars.

23 That the Militia is to be in the Power of the several Counties, and the persons intrusted therewith, elected by the people from time to time.

24 That all persons be equally and alike subject to the Law.

25 That Trade to all parts beyond the seas be equally free to all Edition: current; Page: [7-272b] English-men; that no Monopolies, Pattents, Ingrossings, Fore stallings, Excize, or Customes, be longer admitted or continued, and that all publike Monies be raised by the old way of Subsidies.

26 That it is the English-man’s liberty, concerning Iuries, upon any Tryal, to make his challenge or exception against 35, without shewing cause, and against as many more as just cause can be alleadged against, until the party do evidently see, that his Tryers do stand indifferent.

27 That all Statute-laws, Acts and Ordinances of Parliament, and all corrupt Customs or practises, of what Antiquity soever, contrary to these Fundamentals of Freedom, are to be holden for naught; not to be obeyed or used in England.

28 That the grand Councels or Parliaments of England, have not power to diminish, violate or alter any of these Fundamentals; These being the just and lawful Claim the standing, unalterable liberties of the people; and which we lay down as the Land-marks, the very Basis and Foundations of Freedom, the very Elements and first Principles of Common Right, and as without which the Government of England cannot be a Free Government, nor this Nation a Free Commonwealth; these being the onely Bars against Monarchy and Arbitrary Power, and the true Conservators of the publike Peace and weal of the people, and which by this our Agreement and Claim we own; And profess as in the presence of God, to live and dye in the just maintainance and profession thereof.

As for the Claims of Kings, Lords or Priests, though they challenge great Antiquity in this Nation, yet are they no other then the Fundamentals of Bondage and Tyranny.

Prerogative and Supremacy with that of unknown, unlimited Parliament Priviledge, being the very Mothes and Caterpillars of the Fundamental Laws and Liberties of the Free people of England. For these and all lawes in favour of them, are but the Claim of Domination and Greatness over the people. Wheras this our Claim in behalf of the people, is of certain Maxims & Foundations of our Government, that tends not to the particular advantage of our selves (or any other sort of men) but to the common and universal good and benefit Edition: current; Page: [7-273a] of all, and therefore inconsistent with the other.

The people cannot be a Free people, while the Supream power or Authority is wrested out of their hands, into the hands of one particular, or some few; so much of their Authority as they let go, so much of Bondage they let in; and the prime Badge and principle of their Freedom is, Their own Election; while that is wanting, they are meer slaves, at will and Discretion.

The consideration of which, cannot but put us in minde of the many solemn Vows and promises of the present Army, as to the restoration of the Fundamental Laws and Liberties of England, one place or two we shall recite; Declar. June 14. 1647. they there tell us, That their Desires as to the compleat settlement of the liberties of the people is that blessing of God, then which (of all worldly blessings) nothing was more dear unto them, or more pretious in their thoughts; and all their enjoyments of life or livelihood, or nearest relations, but a price sufficient to the purchase of so rich a blessing, that themselves and all the free born people of this Nation, may sit down in quiet under their own Vines, and under the glorious administration of Justice and Righteousness, and in full possession of those FUNDAMENTAL RIGHTS and LIBERTIES, without which we can have little hopes (it is their own words) as to humane consideration, to enjoy any comforts of life, or so much as life it self, but at the pleasures of some men ruling meerly according to will and power.

And in the same Declaration they may remember they professed themselves, Not a meer mercinary Army, hired to serve any Arbitrary power, but called forth and conjured by the several Declarations of Parliament, to the Defence of their own and the peoples just and Fundamental Rights and Liberties, and so took up Armes in judgement and Conscience to those ends; and so resolved to continue, against all Arbitrary power, Violence Edition: current; Page: [7-273b] and oppression. And in their Solemn Engagement made at New-Market Heath, June 5. 1647. they did promise and engage to God and to the People, not to divide nor disband, nor suffer themselves to be divided nor disbanded, untill the full enjoyment of our Freedoms; most seriously promising in several of their papers, not to meddle with the advancement of any particular party or interest whatsoever, but onely minde the COMMON RIGHT and interest of the people.

And therefore it cannot but be matter of amazement unto us, that any Officer or Soldier who hath thus promised and protested for the Fundamental Laws and Liberties of the people, should now question, whether there be any Fundamental Laws and Liberties or no? yea, and affirm, that two lines of them are not to be produced; as we were answered at the delivery of our Petition in the behalf of Lieutenant Colonel John Lilburne (now Prisoner in Newgate, as against the Fundamental Laws of England, so against these Vowes of the Army) whose Liberty forthwith we Claim and Expect; as also the liberty of all others imprisoned contrary to these or any one of these Fundamentals of Common Right.

And of no less astonishment it is unto us, That after we had presented to the General and the Officers of the Army, our Advice concerning the Restoration of the Fundamental Lawes and Liberties of England, we were told at a publike meeting by one of the Councel of Officers, That the things therein presented to their consideration were acknowledged to be just and good, but our persons were so obnoxious to them, that if the Gospel should be brought by our hands to them, and they knew it came downe from Heaven unto us, yet would they reject it for our sakes, or to this effect.

Yet we hope these are but words of passion, such as they will not justifie; for indeed they are of a very ill kinde, of Edition: current; Page: [7-274] an ill savour unto us, and such as they cannot in conscience or honour seem in the least to countenance; yet if they should as God forbid) or be offended at us for this our Claim and Agreement, we must notwithstanding persist in our affections, and constant peaceable acknowledgement of our Fundamental Rights, and the God of Heaven and Earth be Judge betwixt them and us.

FINIS.

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John Lilburne

Lilburne, John

1 August 1653

21.

7.21 John Lilburne, The Upright Mans Vindication (1 August 1653).

Editor’s Introduction

(Placeholder: Text will be added later.)

John Lilburne

Lilburne, John

Gentlemen and Christian Friends,

IT is the saying of Solomon, who therein was guided by the infallible Spirit of God, That a good name is better then precious Ointment, Eccles. 7. 1. And that a good name is rather to be chosen then great riches, Prov. 22. 1. And that a good report maketh the bones fat: In which consideration, give me leave to appeal to all the unbiassed and understanding people amongst your selves that knew me, and observed my walkings and actings, while I lived amongst you; for a justification of my integrity, uprightnesse, meeknesse, gentlenesse, and single-hearted walking amongst you, to be really so far, as man was able to judge, to be such as it became one that owned, and sensibly injoyed by faith, the choicest of spirituall Union and communion with the Lord of life and glory; and groundedly expected, looked, and longed for a blessed immortality with the Lord of life and glory, when this fading or earthly house or tabernacle of mine shal be dissolved; And that believed and declared, that the grace of God in particular had appeared to my soul, for that end, to teach me to deny ungodlinesse and worldly lusts, and to live soberly and godly in this present evil world; abstaining as much as in me a poor frail man lies, from the very appearance of evil; and in all my actions, to the utmost of my power and ability, to let my light really and indeed and in truth so shine before and among men, that as Christ himself saith, they seeing my good works, might glorifie my father which is in heaven; and to do to all men as I would they should do to me (which as to men is the onely or principal badge or mark of a true Christian indeed) and not in the least to do evil, that good may come thereby.

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I say you know my walking while I was with you to be in sincerity, peace, meekness, and uprightness, and in the demonstrations of true love and friendship, as became a Christian; which made me willing many times in publike in prayer amongst you, largely to spend some time, effectually to declare unto you, that infinitness of fulness, faithfulness, truth, and loving kindness, that I had found in the Lord of Hosts the Lord Jehovah; my long enjoyed, and long experienced enjoyed Rock of Salvation; who I often truly told you is and was long since, largely become my sensible lot, portion, joy and rejoycing; and was the onely single good that the soul of a Beleever could glory and rejoyce in; all earthly delights of riches, honour, greatness, pleasure, and all relations whatsoever in comparison of him, were but fading vanities, fly-blown, cobweb, moth-eaten contents and delights.

And yet in the midst of all these Declarations of mine amongst you, of the goodness and kindness of the Lord Almighty manifested unto my soul, nothing at the same time was more frequent and common amongst my great, potent, and seeming religious adversaries, then with confidence to brand me for an Athiest, a denyer of God and the Scripture. Just as Major William Packer, a great seeming-religious man amongst you now, doth (both to several of you and others, as my certain intelligence from some amongst your selves by Letters, &c. inform me) brand for an hypocrite, an apostate, and a great combining enemy with the Nations enemies beyond the seas against its welfare, peace and freedom; which although they be things my soul detests and abhors as I do the divel, and although I am confident no honest man in the world that really and experimentally knows me, can really in the least beleeve these things spoke against me to be true; or that there is any other ground or reason to report them, then the Machiavilian devises, of guilded pretended religious men, by craft, cunning, deceit, cruelty, policy and shedding of bloud, got into great places and power, which they would keep in their own hands arbitrarily by will and pleasure, to destroy all the lives liberties and properties of all the honestest and quick-sighted people of England at their pleasure. Yet notwithstanding, I judge my self obliged in duty and conscience to my self and the Nations welfare, to make an Apology unto you to open your eyes to see clearly through those foggy dark mists, that the said Major Packer would cunningly cast before your eys, for the keeping of his rich and great place and interest up, that hath raised him from the Dunghil, or a mean condition, to be one of the arbitrary and cruel Lords or unjust Taskmasters of the people of England. And I shal begin the said Apology with the inserting here my honest Addres from Calis, Edition: current; Page: [7-276b] which the world for the reason declared in the 38 P. of my late printed Trial, never saw; the true Copy of which said Address, thus followeth.

John Lilburne

Lilburne, John

June 14. 1653.

For the Honourable the Councel of State sitting at White Hall in London, these present.

MAy it please you to vouchsafe me liberty to acquaint you, that being at Calis, by the means of our last Tuesday Post, I saw and read printed address unto you, made by some honest and well-minded people of Colster, as I have cause to judge them, by those honest (though somewhat too general) things that they desire of you in their said address, by which I perceive you are a kinde of a setled power in Engl. unto whom by that as the very first paper I have seen of that nature, I apprehend, the honest and rational people of England expect great matters from you, in reference to your assisting in the setling in a rational security of their laws, liberties and freedoms; the dear purchased and true price of all the late bloud and mony shed and spent in the late wars: In which regard, I am imboldened my self by these lines, to make this address unto you, although I must truly acquaint you, that upon my wifes comming to Bridges in Flanders to me, and fully informing me, that General Cromwel, and Major General Harrison with other Marshal men, had by force and violence dissolved the Parliament for their wicked, unrighteous and unjust actions, and being very confident that they never did an action (nor could) of more injustice, and unrighteousness, then their voting to banishment of me without ground or cause, and thereby also robbing me of my estate, and of all the comforts of this life, in which tyrannical Votes or sentence, I dare avow it (and upon my life in particulars maintain it) they have dealt more cruelly, more unjustly, more illegally, more unrighteously, and more harshly with me, then ever they dealt with the most professed enemy, that they have had in England, Scotland, or Ireland in arms against them, or any that they have supposed did aid, assist, or abet those that were in arms against them; Besides their destroying of the fundamental lawes and liberties of England contained in that most excellent Law the Petition of Right thereby, and so overthrowing all the ends that we pretended to fight for against the King, and thereby making us guilty of murdering all the people destroyed in the late Wars.

In all which considerations, &c. I was prevailed with the 14 of May last (new or Dutch stile) to write an address to the General and his Officers of the Army for my Pass, to return from my destroying compeld remaining beyond the seas, and pend it in rational, moderate, and respective phrases Edition: current; Page: [7-277a] and terms, as by the Copy of it here enclosed in print doth appear: It being impossible in reason to imagine, that the Officers of the Army should deal so severely with the Parliament, their Lords, Masters, Creators and plentiful Providors for, and who were fenced about with several laws to make it treason in all or any of those that should but attempt or endeavour without their own free and voluntary consents to dissolve them, upon which very declared and printed statutes I my self was most severely prosecuted and arraigned two days together for my life as a Traitor, at Guild Hall in London in Octob. 1649. with the greatest and earnestest persuit, that ever was exercised upon a man; upon a bare pretence of my endeavouring to dissolve them, but by pening and printing (as was pretended, and if it could have been proved I had died as a Traitor for it) arguments and reasons, grounded upon the declared, printed, and published laws of England, and the received, acknowledged, printed and published Rules of reason, declared both in the late Parliament, and the Armies declarations: I say considering which, it was impossible in reason to imagine, that the General, &c. should as they have done, deal so severely with the Parliament for their wickedness, and oppression, and deny me a Pass upon my bare desire to them, being one of all men in the world, that the Parliament it self had dealt most wickedly and oppressive with, and banished in that barbarous and tyranical manner that they had done: And also considering that I am a man, that even in field have adventured my life with as much hazardousness, gallantry, and bravery, as any man whatsoever in the whole Army for those very principles, that they constantly in all their Declarations have declared, the undoubted birth right and inheritance of all the people of England, as well the poorest as the richest; And considering that for this 15 or 16 years together, I have been more then the General himself, and all the Officers in the Army put together in one, emptied from vessel to vessel, winnowed, sifted, and tried, gagged, whipt, pillored, ironed, arraigned for my life several times, imprisoned, close imprisoned, attempted to be starved, poysoned, violently murthered, pistolled, daggered, often divorced from enjoyment or sight of wife, children, servants, kindred, friends or any other relations; and have had my friends and acquaintance bribed, hired, and corrupted with large sums of money, and vast proffers besides, to lay snares, traps and gins, (to counterfeit my hand, to swear falsely against me) to take away my life. And all this hath been done unto me, for no other cause, ground, nor pretence of crime in the whole world, but onely and alone for standing for the foresaid laws, liberties, declared freedoms and birthrights of the people of England, that the Officers themselves in all their declarations, have declared themselves to be Patrons of, and standers for; as things of so Edition: current; Page: [7-277b] much excellency and worth, as that they prized them above their lives and all other enjoyments that this world could afford unto them. The substance of all which they have centured in that excellent piece of theirs, as the sum of all their desires and endeavours, called, The Agreement of the People, which they themselves presented to the Parliament about 4 years ago, as containing the onely principles, mood and way, to establish in security for the future, the full and safe enjoyment of the liberties and freedomes of the commonly called, the free-born people of England.

Yea a man that by all provocation whatsoever, or courtings whatsoever (which hath been in both kindes many and great) could never be provoked nor induced to turn his back upon the said declared principles of liberty and freedom; nor in the day of the many straits of those, that stood for them, although he hath been never so injuriously dealt with even by divers of the chief pretenders to them. And to conclude, a man as to men for the worst of all his outward actions ever since he came to mans estate or knowledge (the frailties of provoked passion, or humane infirmity excepted, which the righteousest of meer men are not totally exempted from) that never to this day could justly be taxed or blemished with any the least outward baseness in any kinde whatsoever, that could in the least spot or stain his outward reputation; being confident according to the true fundamenaal laws of England for any thing whatsoever from his childehood to this very day acted by him, that justly can be laid to his charg, he may at the strictest legal bar of Justice in England, with clear and confident assurance of the safety of his life, limbs, liberty or property, bid defiance to all his adversaries though never so great) that he hath in the whole world. I say again upon all these considerations it could not rationally be imagined, but upon the Generals and his Officers first knowledge of my addresse to them, they would after they had by force dissolved the Parliament, immediately have given me a Passe to return from my causelesse and ruining banishment, and my poor credulous wife took her journey from me into England, with as much confidence immediately to obtain my longed for Passe, upon my foresaid Addresse, as she did believe, she should live after that to eat or drink.

But after a tedious delay, and a longing expectation, she with several of my friends, the last Dunkirk Post, sent me several Letters thither, dated the 27 of your May or old stile, which is the sixth of our Flemish present June, or new stile, in reading of all which at Dunkirk the last Sunday, by all which, I expresly find the General gives my wife good words, (which makes her believe him infinitely to be her friend) and that in the midst of the debate of my addresse, by the Councel of Officers, he Edition: current; Page: [7-278a] was sent for by the Councel of State to come from the Councel of Officers to them, and that immediately after they rise, viz. the Officers or some of them, gave my wife, &c. this answer, viz. That they were not willing to break an Act of Parliament in a private case, but there would speedily be a power or a new Parliament, as they called it, that would do it, and some of great power, inquired or demanded, Whether if I came home I would be quiet or no, and others said mine was but a private businesse, and the Councel were so full of the publick affairs of the Nation, that they had scarce time to eat or sleep, and therefore I must be patient, quiet, and wait with contentednesse till a new Parliament.

At the reading of which I was even confounded and amazed in my understanding, and looked upon my wife and her stories of the Officers intended honesty and publick good to the Nation, as the perfectest artificial cheats, that ever was put upon me in the world, to deceive and cozen me, and that you that now sit as a Councel of State, with your Masters and Creators, viz. the General and his Officers, never hated nor disolved the Parliament, for any real hatred or disgust at them for any mischief, injustice, or Tyranny that they exercised upon the people of England (free (never since they were about 4 years ago declared a free people) in nothing else but bare name) but onely because they grew something stubborn and surly and would not be ruled meerly as school boyes, to act as the General and his great Officers (and you, now his and their substitutes) would have them, in which regard, great and glorious things was meerly pretended, but never intended for the peoples good, to break the Parliament in pieces, and totally dissolve them, that so you alone might get the power into your own hands, to do withall the lives, liberties, and estates of the people of England what you pleased, giving the people onely good words, untill you had rivited your selves fast in your power, by securing your selves so with force, that Julius Cæsar like, the General might stile and declare himself by a new name, but with a power in reality far above a King, as perpetual Dictator, or Lord Conservator of the peace of England, Scotland, and Ireland, and I confesse that the Generals words to my wife, and some of yours, together with the Officers, were so far from pleasing me, as they did her, that I clearly see by them I had ground to believe, that it is resolved privately by the General, I shall never so long as he lives, or at least so long as his power lasteth come into England again, because it was resolved by him (who I clearly then judged so rules and over aws you, that you nor the Officers durst not conclude to give me a Pass without fully and plainly knowing his will and pleasure) to drive on another intrest then in the least the peoples welfare, peace, safety, liberty, or freedome; all which to my utmost power, and Edition: current; Page: [7-278b] the often apparent hazard of my life for many years together, I have been a constant and resolute patron too, and asserter of and never could be threatned there-from, nor in the least by Gold, Silver, or promotion (which hath times often enough sufficiently been proffered me) courted to forsake them, this being the onely and alone crime or true cause I have been hated, and almost often to death persecuted, by all great powerfull intrests, that have been great, and up in the government of England for many years together, and therefore now, and for this onely reason and none else, did I judge I must now be kept out from coming into England: the Generals good words to my wife, and yet denying my Pass (for so I absolutely judged the delay of it) made me immediately think of the 18 chapter of Nicholas Machiveli’s Prince, who is a man, (though through the grand corruptions of the age and place in which he lived, and the safety of his own life, was forced as may rationally in charity be judged to write in some kind of unhandsome disguises.) I must call for the excellency and usefulnes in corrupt times & places for his works sake, one of the most wisest, judicious, & true lovers of his country of Italies liberties and freedomes, and generally of the good of all mankind that ever I read of in my daies (of a meer man) who though he be commonly condemned with his Maximes and Tenents by all great state polititians, as pernicious to all Christian States, and hurtfull to all humane societies, yet by me his books are esteemed for real usefullnesse in my streits to help me clearly to see through all the disguised deceits of my potent, politick, and powerfull adversaries, above any one of all the human Authors in the world, that ever I read (which yet are very many) the reading and studying of which in the day of my great streights in contesting with the great Arbitrary powers in England, hath every way been as usefull, advantagious, necessary, and requisite to me, as a Compasse or Prospective glasse, can be to a master of a rich laden ship fallen into dangerous and unknown seas, where he is every hour in fear to be cast away and destroyed by dangerous sands, Rocks, or Pyrats: or as a pair of spectacles can be to a weak or decayed pair of eyes, in writing or reading that is compelled thereunto, and must do it and can get none to help him or do it for him, his book called his Prince (especially) if it were scarce to be got, being reputed by me of more worth than its weight in beaten Gold; for by my serious observing of his sayings, and the practise of most of those great men that in England I have been necessitated for the safety of my life to struggle with, I clearly find him, and the worst of his Maximes and Tenents, most practised by those great men in England, that most condemns him, and seems outwardly most to abhor and abhominate him, and yet would willingly (as the translator of his Prince, in his Epistle to the Edition: current; Page: [7-279a] Reader saith) walk as Thieves do with close Lanthorns in the night, that so they being undescried, and yet seeing all, might surprize the unwary in the dark, and having him by me in my present travels, I immediately turned to his 18 chapter, which is contained in page 135, 136, 137, &c. where he speaks in these very words of Pope Alexander the sixth, in whose time himself lived, and who was the man or Pope that quarrelled with Henry the eight K. of England; Alexander the sixth saith he, never did any thing else then deceive men, and never meant otherwise, and alwaies found whom to work upon, yet never was there man would protest more effectually, nor aver any thing with more solemn Oaths, and observe them lesse then he; neverthelesse his cozenages all thrived well with him, for he knew how to play his part cunningly.

Therefore (saith he) is there no necessity for a Prince (or great man) to be indued withall those above written qualities, of pitty, faith, integrity, humanity and religion, but it behoves well that he seems to be so; or rather I will boldly say this, that having these qualities, and alwaies regulating himself by them, they are hurtfull, but seeming to have them they are advantagious, as to seem pitifull, faithfull, mild, religious, and of integrity, and to be so indeed provided withall thou beest of such a composition, that if need require thee to use the contrary, thou canst, and knowest how to apply thy self thereto; And therefore for a great man, but especially for one newly attained to his greatnesse; it beboves him (saith he) to have a mind so disposed, as to turn and take the advantage of all winds and fortunes, and as formerly I said, not for sake the good while he can, but to know how to make use of the evil upon necessity; And therefore let him (saith he) seem to him that sees and hears him, all pitty, all faith, all integrity, all religion, but there is not any thing more necessary for him to seem to have (saith he) then this last quality, (viz. to seem to be religious) because all men in generall judge thereof rather by the sight, then by the touch, for every man can come to see what thou seemest to be, but few men come to perceive and understand what thou art indeed and reality. For (saith he) if great men can feign and dissemble throughly, other men are so simple and yeeld so much to the present necessities, that he that hath a mind to deceive, shall alwaies find another that will be deceived, it being natural & common to the vulgar to be over-taken, with the apprehension and event of a thing, seldome or never rightly and truly weighing and examining the righteousnesse and Justice of the way and means, that great men use to attain to their ends.

And at the same time when I seriously considered the high pretences of the Major Generals Lambert and Harrison, to Justice and Righteousnesse in its purity and height, and the seeming contrariety of intrests betwixt them and their General: it made me seriously to think of what Edition: current; Page: [7-279b] I have with a great deal of observation read (in those most excellent and famous Roman and Greek Historians Titus Livius and Plutark) of the Triumvery of Rome, consisting of Lepidus, Anthony and Augustus Cæsar, whose intrests the said Authors plentifully shews, in many things were as inconsistent with each other, as light is with darknesse, yet they all could agree in the main, viz. to make a sacrifice of each others choicest and dearest friends, that each other of them hated, or that they knew were or had bin great lovers of the liberties & freedoms of Rome, wch some 100 of years before then, had been one of the most famousest, most splendidist, and gloriousest Common-wealths in the whole world, by means of which; they not onely brought into their native Country and City most horrible and bloudy massacres and wars, but also totally subdued the liberties of their famous Common wealth, the people whereof could never regain them again to this day, although it be above 1600 years ago; and in conclusion the two eldest Triumveries, viz. Lepidus, and Anthony, were cheated and outed of their Government, and one or both of them of their lives, and the youngest, viz. Augustus Cæsar carried the bell away of the whole, and thereby made himself Emperour of the world, then in subjection to Rome, and the grounds and reasons of all these and many more considerations of my then perplexed conceptions, arise from your foresaid answer and speeches to my wife, &c. for can there be any difficulty or danger, or dishonour in it (if you were willing at all to let me come into England) to break a particular Act of Parliament in my particular case, of so high and palpable injustice, when you have accounted it no difficulty, danger, nor dishonour unto your to break, or at least all of you to approve of the breaking and dissolving, of that Parliament by force of arms, that made the said particular unjust and unrighteous Act, that were setled in their power, and secured in the continuance of it, by so many Acts of Parliament, divers of which made it Treason for any English man or men, so much as to go about, or but attempt, or indeavour to dissolve them without their own free consents, and which some of your very selves had been formerly active upon most strict penalties, even of losing the benefit of all Law, and being esteemed no Englishmen, to force the people to take an oath or ingagement to be true to them & to maintain & preserve them; so that I confess this piece of your answer was then such a riddle to me, as I could then no otherwise unfold it, then as is already before declared.

In the second place, as for that part of your Answer that tels her, there will speedily be a new Parliament that will relieve me, which very thing is a greater mystery to me then the former; because that in all the readings that ever I read in my life in divine or humane Authors, Edition: current; Page: [7-280a] I reade but of three wayes of governing the world or the people thereof; the

First is, immediately by inspiration, and visible or evident command from God himself, and such was Moses Government, and the Judges of Israel; But I beleeve all of you nor none of you, will so much as pretend to so immediate and evident conversing with God as Moses and several of the Judges of Israel did, in your governing the people of England: if you do I hope you will shew the people of England (at least those that you judge honest, and have no more upon your own declared principles forfeited their hereditary birth rights, of injoyment of their fundamental lawes, liberties, and freedoms, then any one of you have done) your commission; And also carry them where they shall evidently hear the voyce of God speaking unto you, thereby infallibly guiding and directing you; after which, if then they will not beleeve your special assignation from God to be Englands Law givers, and Rulers, you will shew them your signes and wonders, that by the power of God therein, and thereby, you will confound and destroy as Moses did grand unbeleevers and rebellers; For without all these things, all your pretences to walk in Moses and the Judges arbitrary steps, in giving a law unto, and by will and pleasure governing the people of England, will be but meer impostorisms, for which you can expect from God and the people of England, no other recompence but what Impostors received in Moses time.

The second kinde of Government, or way of administration of Government, is by Conquest (and such was Nimrods the mighty Hunter) which is so mightily condemned, even by the declarations of your own selves for a beastly, inhumane and unnatural government, as nothing can be more; and therefore although at present I have not your printed papers or declarations at Calis by me, yet by the strength of my memory I dare avow, that in one of your printed papers, published by you to justifie your late proceedings against the late executed King. Conquest is called a title or government fit to be amongst Bears and Woolves, but not amongst men, and say I much less Christians, but much less of all other, amongst the pretended refined’st of Christians, as you would have men judge you to be. Reade but your late Acts, Declarations and printed papers about the Trial of the late King upon this very subject, to make you now abominate of governing by Conquest or any other way like it; especially that of the Officers of the Army of the 16 of Novemb. 1648 dated at St. Albons, and John Cook your Soliciter Generals stated Case of the King. And as to the nature and extent of implied and tacid trusts, read in the first part of the Parliaments book of Declarations pag. 150, 151. And the Armies Declaration of the 14 of June 1647. made immediately after their League, Edition: current; Page: [7-280b] Covenant, and Contract made and signed at New market and Triplo heaths, and printed in their Book of Declarations, about pag. 44, 45. And can any man be so irrationally brutish as to imagine and think, that those that you account honest people in England, whom I am sure with my individual self, have adhered with lives and estates to this very day to their fundamental laws and liberties, and to the primitivest and best of the Parliaments and Armies Declarations, that ever they will be so fellonious to themselves, as to assist and enable you with their own power, with their own estates, with their own lives and blouds to enable you to set up that, that shall destroy them and all thats near and dear unto them if you please, and when you please; but such a thing for any thing I can apprehend, is that Parliament that you tell my Wife you intend speedily to set up, which I cannot in the least discern is to be chosen and entrusted by the people, or any part even of those, that have in all things as firmly as any of your selves adhered unto this very day, and ventured their lives and fortunes to maintain their fundamental laws and liberties, published and declared in the best of the Parliament and Armies declaration. But a Parliament picked and culled by your selves, that have not with all the Officers of the Army (the honest people of Englands payed and hired servants, who therefore ought not by your owne principles, and for quoted Declarations to act for their wo in the least, but onely and alone for their weal and good) any other pretence to set up such a Parl. but the right of Conquest (which yet will be one of the most vildest assertions in the world for you to maintain, against my self and thousands and ten thousands more, that have assisted you, and never acted against your declared and honest principles by which you ingaged to maintain our fundamental laws and liberties, in reference to the free and secure injoyment of our lives liberties and properties) which by your foresaid declared principles and declarations can be no other, but a Parliament of force, will, and pleasure, and thereby the perfect badge of Conquest, and by consequence by your own acknowledgment, onely fit to make lawes amongst Bears and Wolves, but not amongst men, and what justice or relief I may expect from such a Parliament is beyond my apprehension.

The third way of governing or way of administration of Government, is by a Nation, or company of peoples mutual agreement, or contract, or long setled, well approved of, and received customs (there being not in the least in either of the Old or New Testament, any prescript form of Civil or earthly politick Government left by God, to be binding and observed, by all Nations and people in all ages and times: men being born rational creatures, are therefore left by God in or to the choice of their Civil Government to the Edition: current; Page: [7-281a] principles of reason (all which centers in general in these two, viz. do as you would be done to; and ye shall not do evil that good may come thereby) and to chuse such a government as themselves or their chosen trustees please to impose upon themselves, under which they may in a rational security live happily, and comfortably, which the very Charter of Nature doth intayl, or intitles all men under all Civil government unto, and such was our Government in England in a great measure under the establishment of Kings, who as in your Declarations and the late Kings own confession it is justly avowed, and truly acknowledged, was to govern the people of England, according to the known and declared fundamental laws (and no otherwise) made by common consent in Parliament, or national, common or supreme Councels, and to grant such laws for the future, as the folk or people (for the good and benefit) in National common Councels or Parliaments should chuse; which I dare avow was with all its imperfections, in the constitution of it, the best, rationalest, and for the people of England most securest of declared and setled Governments now extant in the whole world (our change for onely a nominal free State, or Commonwealth hither toward, I will maintain it upon my life in aboundance of particulars against the ablest man or men in England, being as yet onely for the worse, but not in the least to the generality of the people for the better) the late Parliament of Lords and Commons, being according to the declared law of England called and summoned by the Kings Writ, in whose power by law, it was at his pleasure to dissolve them, till such time as in the year 1640. he past an Act of Parliament in full and free Parliament, That they should sit during their own pleasure, and not be dissolved but by their own consents, all which ancient, legal, much approved of, long setled government, being absolutely and totally dissolved by you, there can now (according to your foresaid principles, and the principles of nature and reason) by no power or persons whatsoever in England be summoned, called, or chosen a new Parliament, but by a new and rational contract and agreement of the people of England; especially (and at least upon your own foresaid principles) made amongst those that have adhered with their lives and fortunes to their own fundamental declared laws and liberties, according to the rational and just principles of the Parliament and Armies best of Declarations. And therefore a Parliament called by you in any other way as you pretend, now to be in a Commonwealth, in my shallow apprehension can be no other, but the perfect demonstration of absolute Conquest, which is a title or government fit onely for Beares and Wolves, but not for men (much less for Englishmen) by your own forementioned printed Confession and averment. The constant effects of which, Edition: current; Page: [7-281b] can in reason and experience be nothing els but murther, shedding of bloud, war, misery, poverty, famine, pestilence, and utter desolation (to now more then ever divided poor England;) from which good Lord deliver poor England, my dear and entirely beloved Native Country (for whose welfare and freedom as for many years by past (to the best of my poor understanding) I have been ready (and I hope whilest I breath shall never cease to continue willing) to become a sacrifice.) And I also beseech God to cause the eyes of the wise and judicious ordinary people and common souldiers thereof, seriously and constantly to be fixed in their thoughts upon the miseries of those unexpressible murthers, devastations and desolations that were occasioned and brought upon poor England, by the Conquest of the Romans (and Julius Cæsar as their first Captain) and some hundreds of years after by the conquest of the Saxons, and several yeares after that by the Conquest of the Danes, and some hundreds of years after that by the conquest of the Normans under the leading of William the Conquerour, afterwards admitted King of England about 600 years ago; to the people or inhabitants of which he three several times took formal or solemn oaths inviolably to maintain their laws and liberties, all which the said people and private souldiers may particularly reade in our English Chronicles, but especially in that excellent History or Chronicle of famous and laborious John Speed) that so their souls may for ever loath the exposing of themselves and their poor Native Countrey, with their fundamental laws, and rational and just liberties, to the conquest and unlimited will of any forreign or domestique power in the world, though never so specious in their religious pretences of godliness and piety. All men by reason of Adams fall and his own corruption thereby, being naturally if left to their own wils and pleasures, more brutish, bloudy, and barbarous, then the brutishest or savagest of wilde Beasts (that seldom or never prey upon and devour their own kinde) may plentifully be seen, even in the civil, moralised, and much refined Commonwealth of Rome, in the bloudy proscriptions, massacres and barbarisines of savage Marius and Sylla; when they got absolute and uncontroulable sword-power into their own hands, and the bloudy and most unmatchable Plot and Conspiracy of Catiline and his accomplices. Therefore I have read amongst the wisest and rationallest speeches, of the high esteemed for reason and justice, Parliament men at the beginning of the late Parliament, that they do avow in their long since printed Speeches for constant successive Parliaments; that all rational, just, imperial, and wise Law-givers, or Law-makers in the making of Laws, must proceed with a sinister opinion of all Mankinde, as supposing it impossible for a just man to be born, either to have them to be executed upon, or Edition: current; Page: [7-282a] to be an executer of them, and therefore should proceed to make them so rational, just and exactly stickt, as that as little as possible in reason, should be left to the discretion, will or pleasure of the Administrator, or he upon whom they are to be administred; so that as much as rationally may be, they should become a rational and equitable bridle and curb upon them both, to keep them off (for their own safety and well being sake) from incroaching upon one anothers rights, or destroying of one anothers brings.

In the third place, As to that demand, whether if I come home I will be quiet or no? I answer;

First, I am as free born as any man breathing in England (and therefore should have no more fetters then all other men put upon me) And I have actually done as much in my poor contemptible sphere for the real preservation of the FUNDAMENTAL LAWS, liberties, and freedoms of England (held out in the best and choisest of the Parliaments and Armies Declarations) as any man breathing in England, I dare with confidence and truth avow it, what ever he be, excepting never a one; nor never coveted nor desired either gain or riches therefore, but onely my bare common share in the enjoyment of the felicity and happiness that would redound to the universality of the people in general, by a rational setling and for the future securing to them the free enjoyment of their lives, liberties, and estates; and that so I might truly and solidly upon good grounds, call that my own, which with the sweat of my browes, the labour of my hands, or industry or honesty of my brains or tongue, I had justly got: And that it might not be taken in the least from me, but onely in a common equal just way, for a common end, and good; or for a transgression of a rational and just declared law, reaching the universality as wel as me, and that I might truly and upon rational grounds call my wife (that great and chiefest earthly delight of many men) my own, and the children that I got by her (or at least confidently beleeve so) my own, and not have me taken from them nor them from me by will and pleasure as often hath been practised upon me already, which give me leave truly to aver and avow, is more the propper issue of the Government of Bears and Wolves then of rational and just men.

Secondly, I answer, it is ridiculous and foolish to ask me such a question; if honesty, justice, righteousness, and the true freedom and liberty of the Nation be in the least your real intentions: for if I come home, and finde you, as before is expressed, it is my interest (which is that great thing that swayes and rules the world, and all the men therein) not onely to be quiet with you, but bazardously venter my life, and all that ever in this world Edition: current; Page: [7-282b] I have, in common with you, for the good of the whole Nation; And give me leave with confidence, and as much modesty as I can to aver it, my interest is none of the meanest in England; but even amongst the hobnails, clouted shooes, the private souldiers, the leather and woollen Aprons, and the laborious and industrious people in England, is as formidable as numerous, and as considerable as any one amongst your whole selves not excepting your very General; (let him but lay down his sword and become disarmed as I am) a cleerer proof, for the manifestation of which, cannot be given in the world, then was given at my fore-mentioned late Tryal at Guild-Hall London, in Octob. 1649. where the Officers of the Army, and in manner the whole Parliament, and Councel of State, and Magistrates of London, were universally my bitter enemies; yet at my deliverance from death by the Verdict of my honest Jury, the private Troopers of the very Guard there upon the very place made their Trumpeters (as from good hands I have been informed) in spight of their Officers sound Victoria; themselves shouting and discharging of their pistols for joy of my deliverance from complotted death: yea, and some of their Comrades begun to build bone-fires at Fleet bridge, which all my then bloody Judges, nor their Officers of the Army, that to their Lodgings guarded them for fear of the peoples rage and fury, with many Troopes and Companies of Horse and Foot, could not prevail with the souldiers, either of Horse or Foot, to put out the said bone-fires: may, nor none of the Parliament, nor Councel of State, nor Lord Major, nor Court of Aldermen of London, durst none of them appear to hinder the people from filling the streets of London in a wonderful manner with bone-fires that very night of my deliverance, thousands and ten thousands of the people of London (and the Countries of England) openly by there redoubled shoutings, feastings, drinkings, and other open and apparent rejoycings, manifesting as much visible joy and gladness at my then deliverance, as ever the famous old Grecians did at the free restauration of their ancient laws, liberties, and freedoms, by the famous General Titus Flaminius (that delight and desire of Mankind, as in History he is stiled) after he had beaten Philip King of Macedon in pitcht battel, with a great slaughter, who held the said Grecians in bondage, under the nation of friendship, and being their Protector; which rejoycing was wonderful great, as Plutarch in his famous History declares: the Epitomy of which is expressed in my late printed Letter to Col. Henry Martin, entituled, John Lilburn revived.

Yea, abundance of the middle sort of the people of London, openly avowed and appointed a day of Thanksgiving, where, as I remember, six or seven persons spake, and prayed, and praised God publikely for my deliverance Edition: current; Page: [7-283a] from death; as being one of their stout Champions for their Liberties and Freedomes: And from the place where it was performed, we marched in great Troops and Companies to a great Feast to the Kings Head Tavern in Fish street; which was so considerable a Dinner or Feast, as that the Master of the House, (as from some of the Stewards themselves I have been informed) demanded of the Stewards about 12 or 14 li. for bare fouling of his Table-linning; besides the charges of Wine, and other Necessaries; and forced them to pay him, as I remember, above 6 l. for the use of his Linning: so that if you intend honesty to the Nation, and seriously consider what is before truly expressed, its no way in he world for your interest and benefit (especially, being at bloody wars with forreign people) so to contemn and despise me, by keeping me out of England, and thereby endeavouring as much as in you lies, to make me from a present friend that now counts you, to become your open and professed enemy to defie you, and to do you all the mischief, that an inraged and greatly provoked metled and nimble Spirit can invent or devise, which may in short ime be fatal to some, or all of your particulars, though not to the whole Nation.

Besides, in keeping me out of England, and thereby continuing my unjust banishment, you justifie and take the guilt upon your own shoulders of all the Parliaments wickedness and unrighteousness acted upon me, in passing for nothing, and without all Law (as in my fore-mentioned printed Address to the General, &c. of the 14th of May last, I have punctually evinced) that most wicked Sentence, which they say concerns me. And so you ill honour the beginning of your Government, and give small hopes to any understanding impartial man in England, to expect any real good from your future Government.

Thirdly, I answer, in case I come home and will not be quiet, if you intend to be just and honest, what need you fear me; for I am sure my unquietness in such a case can do you no hurt at all; but mischief, ruine, and destroy sufficiently my self. Besides, I was never in my life so ridiculously mad, and so foolish, as ever in my life to go about such a thing, all the sufferings or unquietness that ever I was ingaged in, in my life, against any sort or kind of your Predecessors in power (yea even the unjustest of them) was never so much as once acted by me, until I was forcibly compel’d by their high injustice exercised upon me thereunto, and even through meer necessity and force from them, being absolutely necessitated to do it or perish And Machiavil that wise and shrewd man, most truly shews, that to be a just ground for a publique War; for in his notable Exhortation to free Italy, his Native Countrey, from the Government of the Barbarians the Prince, pag. 215. saith, That War is just, that is necessary; and those Arms are religious, when there is no hope left other where but in them. And I do avow, I cannot remember, that ever in all my dayes, since I was a man, I begun a Quarrel with either great or little man in my life; or that either in any quarrel, ingagement, or contestation that I was in, that ever I refused any just, rational, moderate, or legal wayes and meanes, to come to a speedy and final end of it; but have always been an earnest and constant pursuer of a fair & just accomodation, in all the contests I was ingaged in in my self. And therefore must here with the greatest of confidence avow it, for the greatest falshood, and scandal in the world, laid constantly upon me by my malicious and great enemies, when they avow me to be a man of an unquiet, unstable, and troublesome spirit; that man not being in the whole world, I am confident of it, that can justly instance in one thing, that ever I begun a quarrel or contest in my life; or that ever I took up the Buckler against any great man or interest in England till I was compel’d by necessity; which before both God and Man justifies an open War betwixt Nation and Nation; and therefore much more justifies me in all the contests that ever I had in my life; or hereafter may have with you (which from my very soul I desire to avoid by all means possible) if you continue in your denial to let me come home, and breath in the ayr of the land of my Nativity, (unto which I have as great, as true, and as legal a right as any one of your selves, or any other man whatsoever now breathing in it) which to do, is the earnest desire of my heart.

The fourth thing I have to answer, is, that it is said mine is but a private business, and the Publique takes up all your time: To which I answer: Can there be a more publike businesse in the world, then the doing of justice, and relieving the Oppressed; and redeeming the captive, or unjustly banished: I am sure the Parliament at the very first beginning of their filling on the 3d of Novemb. 1640. made it their work at the very first desire, and relieved me and my fellow captives, then even at the very first knowledge of our address to them, and got their honour and glory amongst the people by it; which in the day of their great distress, became more then a shield and buckler unto them for their preservation.

In the second place I answer, that the injustice done to me in my banishment, is so evident and palpable to all men whatever that have eys in their heads to see, that the debate of my business needs take up no longer time then the bare reading of my Addresse, and granting an Order upon it.

The last thing I have to answer is, that in regard of the fore-mentioned Edition: current; Page: [7-284a] parts of your Answer, I must be quiet and patient.

To which I answer, it is impossible I should: First, because my banishment, and Sir Arthur Hasllerigs cruelty, hath rob’d me of all my Estate, and rich Employment besides; so that I protest as in the presence of the Almighty, in a land of strangers, I have not one peny to buy me bread, but what I am forced to borrow. Secondly, I am already in divers of hundred of pounds debt; and how long in reason considering thereof, I shall be able to subsist, I leave it to a rational and impartial man to judge; and to be beholden to the charity or benevolence of friends, is a thing so ugly in my estimation; a thing so subject to be hit in future time in a mans teeth, and brings with it so much slavery and captivity of a mans Reason and Understanding to the wils and pleasures of those that a man in such a case is beholden to, that I loath and abhor the very thoughts of it more then death: And having in all my banishment to this day not been beholden, to the best of my remembrance, for the gift of a farthing, or its worth, to all the kindred or friends I have in England, Scotland, and Ireland (saving for two pieces of Gold, as two tokens, that my wife at her last being with me brought me from two friends, and for a little Rundlet of Sack sent me in Winter by another, with some Ribbonds for shooe-strings by another, and some friendly entertainments at Amsterdam by some friends now in England) and I am resolved to keep from being in that kind beholden to my friends, till absolute, and pure, and unavoidable necessity compels me to cry out openly, bitterly, mournfully, and publikely, in printed Briefs, both to God and Man, of all Nations and Conditions for aid, help, and relief. Thirdly, I answer: How can patience and quietnesse be expected by you from me, in my condition, when my life hath been, and yet is (for any thing I know to the contrary) in continual danger, even by the hired and pentioned Agents of some of those that were very zealous in my unjust and tyrannical banishment; one of which, an Irish-man, or Rebel, and named Hugh Rily, I hear is now in England, who in the face of the main Court of Guard at Dunkirk, without the least provocation or affront, presented several times his pocket pistol to me, and sware most bitter Oaths. (in the presence of several honest Englishmen as Witnesses) God dam and sink him if he did not immediatly pistol me: Upon which, I complaining to some of the Magistrates of Dunkirk, their chief Bayliff, in his own person, and by divers of his Officers, searched for him to punish him, for the breach of their Law, for offering to disturb the quiet of their Garrison. But he knowing his own notorious guilt, fled and hid himself: whereupon the chief Bayliff himself seized upon the said Rily’s Portmantle, and all other things belonging Edition: current; Page: [7-284b] to him, that he could lay his hands of: Which Rily I am able sufficiently to prove is one of the bloodiest, falsest, cowardest, and villainous Rogues in the world: of whose tyrannical carriage at his late being in Rebellion in Colchester against you, you by Mr Beacon (a man as I am informed of good repute in Colchester) at whose house the said Rily was quartered, may be sufficiently informed. And yet he was one of Mr Scots pentioned and hired Agents, as by some of his letters which I have intercepted, I certainly know, and have too much cause to think he hired him in Flanders, either to murther me himself, or get it done by others. And yet this wicked Villain, as my Wife writes me word, hath that impudence to petition against me, which she looks upon as one of the greatest Reasons to hinder my desired Pass.

These, and the like considerations, noble Gentlemen, perplexing my head, my heart, and my spirit, at the reading of my Letters the last Sunday at Dunkirk, compelled me in that condition to write severall private letters the last Post ever into England; One of which its possible may come to your knowledge, and thereby very much displease you: In which consideration upon my coming to Calis, and finding and reading the said Colchester Address unto you, I was thereby incouraged and imboldened notwithstanding that to pen this Addresse unto you.

By which I do most heartily and earnestly intreat you to do your selves that right and honour, and me that justice, as to grant me my speedy Pass, in security, to return into England; for which I shall really and truly be obliged to subscribe my self,

Your obliged friend, in all just things
to serve you,

From my present Lodging
at Callis, Saturday

June 14. 1653.

Dutch stile.

JOHN LILBURN.

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John Lilburne

Lilburne, John

June 4th 1653.

And along with this Address I sent several Instructions; the last part of which being most pertinent to evince the thing I drive at, viz. That my affection to my Native Countrey, all the time I was beyond sea, was one and the same in truth and reality, without staggering or wavering in the least) that ever it was in any time in my abode in England; and that my love, and the manifestation of it to my Native Countrey, hath been great while I was in England, at least sometimes; I think Major Packer, nor none of his great Masters, my greatest Enemies, will deny in the least: And that it was the same to the height all the time I was beyond the seas, I shall in part appeal to the latter end of my said Instructions; which I am confident hath such Propositions in them for Englands good, as never was made in England by a private man; nor I believe cannot be immagined which way to be brought or made practick, by any private man in England besides my self; And although they are in print in the 38 and 39 pages of my late printed Tryal at the late Sessions, upon the 13, 14, 15, 16. of July last; yet shall I judge it very proper and pertinent to the purpose in hand, to insert the copy here, which thus followeth.

FIfthly, I beseech you have a special care of spies, false Brethren, Neuters, Dissemblers, Ambo-dexters, and sneaking quench-coals, any of which in the least, as soon as you apprehend to be among you, take special notice of them, and at least desire them to depart out of your meeting. And this with confidence, if your resolute and unwearied endeavours bring me home, upon my reputation and life I will make it evident and apparent to your chosen Commissioners you shall authorize to discourse with me about what I have to say to you, that my time, brains and interest, in my compulsive being beyond the seas, hath been spent to as much advantage, for the good in general of my Native Country, and the people thereof, as ever man in the worlds was, that was forced from his Native Soil, and particularly, if I can Edition: current; Page: [7-285b] be permitted to come home in peace and quietness, I do hereby engage and binde my self, at my utmost peril, demonstratively, rationally and evidently, to lay down such Rules, wayes and means, as if speedily and effectually persued, shall undoubtedly make England to be either honoured, courted, and respected by all neighbouring Princes and Commonwealths round about her (even Holland it self) or else undoubtedly shall make her to be feared and dreaded of all those that refuse to do the former, and that this shall be done by honourable and just ways in every particular.

2. I will lay down such honest, just, rational and feasible grounds, as if speedily and effectually persued in the eye of reason, shall undoubtedly make England in Trade and Traffick in one year, or two at the most, more to flourish in Trade and Traffick, then ever it did before the late Wars; yea, even to equallize and go beyond Amsterdam and Holland in its greatest glory, which in their true and natural effects shall much increase the people and inhabitants of England (and in particular shall make thousand and ten thousands of Watermen more then now they have) which are and must be, now the Bulworks of England) shall raise the price of Land, and by consequence of all commodities produced by it, the Loans of which at the present is like to break the poor Husband-man, and in a very short time shall ease the people of three quarters at least of their present charges in Taxes and Excize; and for the future, the middle sort of people shall not bear half so much as they do now in proportion; nor the richest be opprest at all, nor compelled to pay above their proportion, which with Gods blessing in a very few moneths shall produce to whole England such peace and plenty, as shall evidently yielde an unoppressive way and means to give to every Souldier now in Arms in England, &c. and settle upon him and his heirs for ever, without alienation, so many Acres of Land as shall be worth ten pound, or fifteen pound sterling a year; and upon every poor decayed house keeper (like the Law Agraria amongst the Romans) shall settle for ever so many Acres of Lands, as shall be worth after the first years husbandry, to him and his heirs for ever, five pound or sixe pound sterling per year: and shall also provide for all the old and lame people in England, that are past their work, and for all Orphans and Children that have no estate nor parents, that so in a very short time there shall not be a Beggar in England, nor any idle person that hath hands or eyes, by meanes of all which, the whole Nation shall really and truly in its Militia, be ten Edition: current; Page: [7-286a] times stronger, formidabler and powerfuller then now it is: all which if you get me home in safety, and thereby free me from the murtherous dealings of Mr Thomas Scot, and his cursed and blood thirsty Associates, if by evident reason and demonstration I do not make all the abovesaid things apparent to your Commissioners chosen by you to discourse with me upon the premises, let me dye, and be esteemed for ever by you all, the veriest Cheat and Rogue that ever in your lives you had to deal withall: Therefore, as you love your own welfare, and the welfare and happinesse of the Land of your Nativity, act vigorously, stoutly, industriously, and unweariedly night and day, for the preservation of your own interest, liberties, and welfare, very much concerned in your speedy getting me a Pass: for which I shall account my self as much obliged to you all that are vigorous actors in it, as ever man did to a generation of men in the world: so with my honest and truest love to you all, I rest,

Yours faithfully, if his own,

From my present Lodging at the
Silver Lyon in Callis, this
present Saturday,

June 4th 1653.

J. LILBURN.

And because in the latter end of my fore-going Address from Calis Pag. 19. there is mention made of one Letter being written from Dunkirk, which probably may come to the knowledge of the Councel of State, which will not please them, and seeing the said Letter is constantly hit in my friends teeth, as my information tels me by Major Packer himself, and other of his great Masters, as if it were fully fraught with treason, felony or the highest manifestation of malice and hatred to my native Country, that possible can be expressed; and though since my coming into England I have made it my studied work, rather to heal and close up breaches betwixt me and my potent adversaries, then to make them in the least wider, and therefore in my three first Addresses to the Councel of State, I did in sincerity and truth, proffer them what ever in my imagination, could be proffered by a rational, peaceable, just and honest man: but yet notwithstanding that, Edition: current; Page: [7-286b] my life and innocent bloud ever since hath been with that eagerness persued; and stil is ordered to be persued, and no ear at all in the least will be given to any of those many Petitions of thousands and ten thousands well affected people, that hath constantly been endeavoured to be presented to the Parliament for me, that I am confident I may justly say, the persecution raised and persued against my innocent life, is farre beyond the persecution in bloudy Queen Maries time, that was raised and persued against the righteous and just Martyrs, or any of them: For in the first place, she dealt in that particular so justly with them, that she made them known and declared Laws to walk by, and to take heed of, before that ever she went about in any the least kinde to punish them, but no such thing in the least is there in my case; although our Governours pretend to be a thousand times more righteous and godly then she was, and yet in actions even in my present particular, are abundantly more abhominable in wickedness and thirsting after innocent bloud then she was; And besides, we have in England been fighting (pretendedly for the securing of our Lawes and Liberties) for this ten or eleven years together, and yet fall far short of bloudy and wicked Queen Mary in outward justice and righteousness.

Who secondly, would never have any of the righteous Martyrs condemned, but she would have them to have due process of Law, and fair hearings and trials, and their crimes and offences laid unto their charges, and either proved against them face to face, or confessed by them: But no such things at all in the least is there in my case; for I never had any due process of Law in my life about my banishment, nor no crime in the least laid unto my charge, nor never saw accuser, nor witness against me; nor never was asked the question what I could say for my self? nor never permitted to speak one word for my self, and yet Major William Packer and his great pretended Religious Masters, General CROMWEL, Major General HARRISON, and Major General DESBOROUGH, are the onely men that principally persue my life upon this score to have it taken away from me; which is a deliberated and a consulted action of higher tyranny I am confident of it, then ever was acted by the greatest Tyrannical King, that ever since the Creation of the World Ruled in England, that ever in the least pretended to govern by Law and Justice.

Nay I do hereby avow it, and will pawn my life in every circumstance to make it good, that the present dealing with me by the General Edition: current; Page: [7-287a] and his Confederates aforesaid, is an action as full of injustice in it self, as it would be for the present Parliament to say;

Resolved upon the Question,

That all the Men, Women, and Children in England, besides our selves and our Wives and Children, beforthwith hanged, drawn and quartered:

And then when such a Vote is past, endeavour with all their might to put it in execution without mercy or compassion: For I am endeavoured to be destroyed and hanged as a Felon, without in the least having any action of Felony committed by me, laid unto my charge; or any other crime whatsoever, but that my name is John Lilburn, and that I am in the Land of my Nativitie, and continue as honest as ever I was in my dayes: in all which considerations premised, I am forced to insert a Copy of my Letter to the General from Dunkirk, which is rendred to be so strange a kinde of monstrous piece, and so unlike an Englishman, that hath the least spark of affection to his Native Countrey in him, and judge my self a thousand times more able to defend every line and clause in it now I am alive (which by all meanes the General intends shall not be long) then any other man whatsoever is, after my death; which is now so violently persued to be perfected and consummated: And therefore the Copy of the said Letter thus followeth.

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John Lilburne

Lilburne, John

2. of June, 1653.

For the Right Honorable Oliver Cromwel Esq; Gen. of the forces of England, these at Whitehall present.

My Lord,

THough I know it hath been your constant designe to pursue my life like a Partridge upon the Mountains, for these six or seven yeers together, with all the unhansome and unmanlike ways of ignobleness and unworthiness, that possible could be acted or invented, with any seeming pretence or colour. And though now and then in the midst thereof, you have seemed to carry an outward face of respect unto me, yet it hath always been with a double heart, and onely at those times, when your own wickedness and unrighteousness, and turning your back upon all your declared promises and principles, hath brought you into such streights, snares, and dangers, as that in the eye of Reason the Kings party and the Presbyterians have had you fast in their mouse-traps, your own life and safety, and nothing else, then forcing and compelling of you to houl and cry like the great hypocrites in the days of old, mentioned in the Old-Testament, to me or such sturdy fellows as I was, and also to acknowledge your own baseness, and for the future, promise the performance of honest and just things, on purpose to engage our helping hands, to be conjoyned (in the day of your great straights, brought upon you by your own constant unworthiness, and habituated falseness) to yours: either to help you through your present streights, or at least to sit still, without any prosecuting revenge of you in your streights: which by reason of your constant meeting with ingenuous spirits amongst those sturdy people, whom with my self you on set purpose (at Putney) reproachfully baptized, or maliciously nick-named Levellers, and men that minded in their own thoughts the publick interests more then their own particular concernments. And because the King and his party was never so wise for their own ends and advantages as to make that fair and rational use of those signal advantages that they often had by your folly and madness, to hold out publickly rational security to the body of the people of England of all interests, for their future enjoyment of their lives, liberties, and estates from the fear of arbitrary destruction at pleasure; but rather chose to act the contrary, by flights, contempts, scornes, and abuses: by means of which, you have enjoyed constant and valiant helps to free you from the dreadful fear of your many blots, even by those persons that you have formerly highly disobliged; from which you have been no sooner delivered, but you have immediately been like the dog that returns to his vomit again, and with the greatest detestation in the world, have immediately endeavoured the destruction of your very preservors; which I having so many known and certain experiments of, as I have, and of those bloody ways and means you have pursued the total destruction of me, my wife and children, (three of whom, as the chiefest earthly instrument, I dare aver rationally to evince you have murthered and been the death of) and of your activity and zeal (if I may believe the relation of an able and rational member of the late Parliament that heard you in the house) to appear openly in the late Parliament as the principal man to have me banished (in which unrighteous and unjust sentence, I do with confidence here avow it, no honest, nor just man, could have a hand or finger in approving of it, or acting in it) and thereby to be robbed of my estate, and not now lest worth a groat to buy me brend, and thereby to be deprived of the comfortable enjoyment of my wife, and tender babes: (the greatest delight formerly to me in the Edition: current; Page: [7-288a] whole earth) and of all other comforts of this life, yea to breath in the ayr of the Land of my nativity, yea and by you causlesly exposed to an exilement amongst worse then barbarians for baseness, and most detestable falseness: even amongst my contriving, plotting, lying, and bloody enemies; set on, on purpose to destroy me, as I have too much grounded cause to believe, by large gifts and pensions, flowing originally by your instructions to your late vassal and slave Tho. Sto, late Secretary of State, one of the most basest, [Editor: illegibles words] and rotten whoremasterly villains in the whole world.

In all which regards, it was below me, and inferior to me, and inconsistent with my interest and reputation in many respects, to write of late in any respectful way unto you, without a kinde of compulsive force and necessity; but in regard first for that enderedness of affection that I owe to her, whom I formerly entirely loved as my own life: though your late barbarous tyrannical dealing with me, hath exposed her to so much folly and lowness of spirit in my eys, in some of her late childish actions, as hath in some measure, produced an alienation of affection in me to her. Yet by reason of her perswasive and urgent importunity in the first place, and 2. many ways for my own politick ends, and 3. to leave you without all manner of excuse in the eys of rational men, was I induced and in a manner compelled, upon the 14 of May last, to write an Address into England in a respective way, particularly to your self, who (to deal plainly with you) I then did and still do believe, was so engaged in interests, wrath, and malice in your own heart, as rather sooner (as I have often told my poor simple wife) to hazard your life and well-being, then ever suffer me again to breath in Englands Ayr, in peace, security and quietness; In which regard, I told her, if she were wife, she would willingly permit me, according to my own well and rationally grounded genius, to scuffle neither with small nor great, but you alone, as the chief author of my banishment, and chief Patron and true earthly causer of all the grand mischiefs and Tyranny acted in poor England: yet though I could not draw her to that, I so penned my said Address, as that if upon the speedy delivery of it my Pass were denyed or delayed, I could in my own thoughts make sufficient use of the publishing and printing of it; and therefore confidently believing you would be like that grand Tyrant Pharoah hardened in heart to your own destruction, I got 1000 of them in these parts printed in Dutch and English, and immediately sent another copy to Paris to be printed in French and English there; and also sent another copy to Amsterdam, to be printed in Dutch and Latin there: which I hope if it be not already done, it will be speedily done; and another copy by another hand then my wife, to be printed, besides the original I sent to London; but my wife having heard of it, hath most irrationally hindered it, so that now I must take some other course to get it printed, whether she will or no; let the issue be good or bad I care not: and fully understanding by this Post, by six or seven several Letters, that my desired Pass is delayed; which I have cause by the length of time, to take for an absolute denyal, and also have too just cause to judge that you alone, are the principal cause of it; in which regard, not to complement with you, which now I scorn, but in my own imagination to leave you amongst all rational men the more without excuse, I send you these lines, upon which most particularly, I do most heartily and earnestly entreat you (who I know is able with the bare lifting up of your finger if you please) to send me speedily without any the least further delay, my Pass, to return into the Land of my nativity, from my causless, illegal, and unjust banishment: and if when I come into England, you have any thing to say to me, for any evil I have done you, either in word or action, or any way else, I do hereby engage to Edition: current; Page: [7-288b] give you real satisfaction face to face, either first as a Christian, or secondly as a rational man, or thirdly as a sturdy (though very much wounded and cut) fellow, that dare yet subscribe himself,

From Dunkirk Monday the

2. of June, 1653.

Dutch or
New stile.

Honest and stout JOHN LILBURNE,
that neither fears death nor hell,
men nor Devils.

A second piece that I intended when I begun this to have produced, to evince my strong and earnest affection to my native country, and its liberties and freedomes, and my constant study to indeavour its welfare, even while I was beyond the seas, whilst I was daily strugling with the complotted designes of my death, by the barbarous, wicked, and most vile agents of Master Thomas Sco, the Generals Secretary of State; and as I am informed is yet his bosome, cabinet, and darling friend, although in all manner of wickedness and baseness, he is so vile and putrified, that I am confident, honest Job would have scorned to have set so unworthy a man with the dogs of his flock. I say the second piece that I intended to produce, was an Epistle writ by me, from Bridges in Flanders, the last of October last English stile, unto Colonel Martin, which is printed beyond Sea, at the latter end of a book, Intituled John Lilburn revived; and which hath so many clear demonstrations in it of my true affection to my Native Country, and its welfare, and prosperity, and that in the way of a Commonwealth rightly constituted; that by no understanding man that shall read it, can I (I am confident of it) in the least be judged, a man in league with any manner of Royallist in the world, to do England or its liberties and freedoms the least hurt in the earth: but it would make this Epistle much too long, and take up too much of my precious time to look after, my second tryal drawing on so nigh at hand, as Wedensday come seven dayes is; and that with that fury and rage, that I understand the General, &c. drives it on with; and therefore I shall here earnestly desire some of the seriousest amongst you, for your further satisfaction in this point, to make a journey to London, to one very well known to the most, if not all of you, and that is Master William Kissin, one judged even by my great adversaries sufficiently well-affected to the present interest that now rules; and ask him but these two questions: First, whether since my abead in Flanders, &c. beyond the seas, he did not receive divers letters from me? Secondly, desire to know of him the particular contents of those letters; and particularly, whether divers of them were not fill’d with as clear demonstrations of my real affection to the welfare of England, as any letters possible could be filled, and whether they did not serve him often to use for the good of England or no.

But now my friends, should I put you upon a serious consideration of the publike wayes of Major William Packer, and his great masters; truly I think I might truly aver, that all the histories of the whole world, will not afford a generation of men, that in printed Declarations have promised more to a people of good, and in actions done less then they; there being not the least suitableness in the world, betwixt their publike Declarations and their Actions; for although it was onely Law and Liberty that declaredly we fought to secure for these eleven together against the King, yet I would now but ask any ingenious man in England this question, Whether there be any law in reality, liberty, or propriety left in England, but the Generals will and pleasure; who although he was but a mean man a while ago, and now at most but the peoples daily hired and paid mercenary servant; Doth he no Edition: current; Page: [7-289a] pick and cull Parliaments at his pleasure? and when those that he hath left hath given him and his associates out of that that is none of their own many thousand pound lands of inheritance a yeer; doth he not at his pleasure pluck them up by the tools? although by his consent and seeking, they had hem’d themselves about with divers laws, to make it treason for any man or men of England, whatsoever, but to indeavor to raise force against them to dissolve them; and doth not he and his Officers when they have created necessities of their own making, without the least shaddow of Parliamentary authority, expresly against the tenour of the Petition of Right, and all our fundamental laws, most arbitarily, as if the people of England were the most absolute conquered, invassalized slaves upon the face of the whole earth, lay a tax of sixscore thousand pound a moneth upon the people, to fill his pockets and his fat associates? and doth he not do more then all the foregoing Kings and Tyrants of England durst do, in chusing by himself and such of his meer mercenary Officers joyned with him as he pleaseth, a Parliament or Legislators of whom he pleaseth, to make laws for the people without asking their consents in the least? Sure I am, the Chronicles and Records of England declare, that it was one of the Articles for which King Richard the second was discrowned, and lost his crown, That by himself and his own authority, he had displaced but some Burgesses of the Parliament, and had placed such other in their roomes, as would best fit and serve his own turn. See William Martins Chronicle of the last Edition, folio 128. Article 21.

And in Article, 22. He is accused for causing certain laws in Parliament to be made for his own gaine, and to serve his own turn.

And in Article the 20. He is accused for over-awing the Members of Parliament, that they durst not speak their minds freely.

And as for our lives, it was Master Peters averment to me long since in the Tower, we had no law left in England; and it was his averment yesterday, being Sunday the last of July, in the presence of the General, before some of my acquaintance, two of which aver to me, that he averred to them, we have now no law left or in being in England, so that it seems the Generals will must be our rule to walk by, and his pleasure the taker away of our lives, without any crime or charge in law laid unto our charges, or any defence or speaking for our selves permitted to us, or required of us; which is absolutely and perfectly my case, as appears by the Votes of Parliament of the 15. Jan. 1651. printed in my Trial: Therefore Judge seriously of your own, and consider impartially, whether now in your present condition, under your great high and mighty pretended Christian master and lawless Lords, You are not in a worse condition then ever any of our forefathers were, under their Heathen, Pagan, Papal, Episcopal, or Presbyterian governours; having now to deal with a company of mighty pretended Christians and Saints, who yet make it their trade to get their bread and livelihood, by shedding the blood, and butchering of their neighbours and country-men (they know not wherefore) whose tables are dayly richly spread and deckt with the price of the blood of the people of England, and their back and houses richly clothed and adorned with the same, whose laws and liberties they have destroyed and confounded, although they receive their daily wages and subsistence from them, and that for no other publikely owned and declared cause, but for the preserving of them.

And being it is against the law of God, the light of nature, reason, and the law of England, as the Officers of the Army in many of their Declarations have declared, for a man to be Judge in his own case as they are with me, in constantly picking and nulling my Judges, of what persons they please; yet in a way of equity and justice, Edition: current; Page: [7-289b] I challenge all my adversaries amongst them, even from the General to the meanest Officer, to chuse 2, 3, 4, 5, or 6 honest friends, and I will do the like; and in the face of the Sun, even to the utmost hazard of life, I will refer my self to abide by their judgement, upon a fair and open publike hearing, for all manner of things, from my Cradle to this hour, that they are able to lay to my charge; and if they refuse this (do they not declare thereby their own guilt?) which I am confident there is none of them all dare imbrace it, but only continue in their belying me behind my back, when I am not present to maintaine my own innocency, which to preserve amongst you, and other honest people in England, I shall desire you seriously to read the honest papers already printed and published by my self and friends or well-wishers, for my vindication and justification, the names of which thus followeth.

1. My three addresses to the Councel of State.

2. A Jury mans Judgement.

3. A defensive Declaration of Lieut. Col. John Lilburn, the second Edition published July 1. 1653.

4. A Plea in Law for John Lilburne, the second Edition of July 2. 1653.

5. The prisoners mournful cry, or an epistle to the Lord Major of London, July 1. 1653.

6. The second Letter to the Lord Major of the 10. July 1653.

7. The fundamental laws and liberties of England claimed.

12. My petition to the Parliament of the 12 July 1653.

13. Malice detected.

14. A conference with the souldiers, or a parley with a party of horse, which with drawn swords entered the Sessions at Mr. John Lilburns trial.

15. Oyes, O yes, O yes, at the Quest of inquiry holden in the Court of common Reason.

16. A cavet to those that shall resolve whether right or wrong to destroy J. L.

17. My friends petition of London of the 9 of July 1653. to the Parliament, which hath relation to their large petition formerly delivered, with another petition, with my letter to the Lord chief Baron on the back of it, dated July 14 1653. with a paper to every particular Member of the honorable Parliament to back the former.

18. The honest women of Londons petition, with their paper to back it unto every Individual Member of Parliament.

19. The young men and Apprentices of Londons petition.

20. The honest people of Kents petition.

21. The exceptions of John Lilburne Gentleman, to the Bill of Indictment, printed by Rich. Moone at the seven Stars neer the great North-door of Pauls.

22. The trial of John Lilburn prisoner in Newgate, at the Sessions in Old-Baily the 13, 14, 15, and 16 of July 1653.

23. The honest men of Hartford shires petition for John Lilburn, which is the onely thing of all the forementioned that is not printed.

But in regard I am naming of books for my vindication, I beseech you to take notice, that there is one of the excellentest pieces that lately I have read in England, for clearing up the ancient fundamental laws, rights, and liberties setled by our forefathers, lately published by that sober and rational man, Captaine Robert Norwood, and printed for the foresaid Rich. Moone, Intituled An additional discourse, &c. which hath much relation to a most laborious piece, commonly reputed to be made by Master Sadler, the Town-Clark of London, and which is Intituled, Rights of our Kingdome, or, customs of our ancestors, Printed at London by Richard Bishop 1649. and Edition: current; Page: [7-290a] in a special manner, mentioned in the 27. pag. of the foresaid Captaine Norwoode book; in the diligent reading of which, you may exactly see what your ancient and legal freedoms are; and the absolute slavery and bondage in which now you are, from which God in mercy and loving kindness speedily and fully deliver you: and so I rest,

From my soul-rejoycing captivity
in Newgate, although my life
is pursued with such eagerness,
and high injustice by the General,
principally, as I believe
never mans in England was before,

Aug. 1. 1653.

Yours faithfully in
Justice and
Righteousness,

JOHN LILBURNE.

Edition: current; Page: [7-290b]

Postscript.

HOnest Reader, here being some spare room, I shall desire to fill it up with some matter lately come to my hand, of great concernment to my self, which thus followeth.

August the first one thousand six hundred fifty three.

We whose names are underwrit, the day and yeer above mentioned, do testifie, That we were with Master Henry Scobel Clarke to the Parliament, and Master Ferman his Clarke, which said Ferman shewed as the Journal book, and the Votes therein again Lieutenant Colonel John Lilburne, which agreed with the Votes printed. We desired the said Ferman to shew us the Record of the Act and Judgement passed in Parliament against Lieutenant Colonel John Lilburn: but the said Ferman said, he could not shew it us till his Master came home; but said that he had a copy which he writ for Master Prideauxes man: but Master Prideauxes man refused it, saying, he must have it in Parchment. And the said Ferman said, he writ it him in Parchment, but because it was not certified, he made him write it over again in Parchment, to have it certified by Writ into the Chancery, and he said it was done lately: and the same day we spoke with the said Henry Scobel, and desired him to shew us the Original Act and Judgement that passed in the House against Lieut. Col. John Lilburne: and he brought us several papers which he read unto us, which said papers were full of scratches, and very many words and lines crossed out. We asked him whether that was the Original, that passed the House, to which he answered, Yes. We further asked him, whether it was ingrossed in Parchment, and then passed in the House after it was ingrossed; but he said No, and that there was no other passed in the House but those papers he shewed us: and in those scratched, blotted, patched, interlined papers, writ to our apprehensions, in several hands, and some of it newly done, as we told the said Master Henry Scobel. The fines therein mentioned, were writ in figures, which we said was a great error in a principal bond, much more in a principal Act. We also asked him to shew us the Original of the Judgement which the Act makes mention of, to be passed the fifteenth day of January, one thousand six hundred fifty one, against Lieutenant Colonel John Lilburn, for high Crimes and Misdemeanors by him committed; but he shewed us certaine Resolves, which are as followeth.

Resolved, &c. That the Fine of three thousand pounds be imposed upon Lieut. Col. John Lilburn, to be paid to the use of the Commonwealth. That he be fined two thousand pounds Edition: current; Page: [7-291a] more, to be paid to Sir Arthur Haslerig for his dammages; and two thousand pounds more to be paid to James Russel, Edward Winslow, William Molins, and Arthur Squib Esq. four of the Commissioners for compounding; that is to say, to each of them five hundred pounds for their dammages.

Resolved, &c. That Lieut. Col. John Lilburn be banished out of England, Scotland, and Ireland, and the Islands and Territories thereunto belonging, and not to return into any of them, upon pain of being proceeded against as a Felon; and in case of such return, shall suffer death accordingly.

Resolved, &c. That Lieut. Col. John Lilburn do depart out of England, Scotland, and Ireland, and the Islands and Territories thereof, within thirty days now next coming, and in case the said John Lilburn shall after the said thirty days be found within England Scotland, or Ireland, or the Islands and Territories thereunto belonging, or any of them; the said Lieut. Col. John Lilburn shall be proceeded against as a Felon, and shall suffer the pains of death accordingly.

Resolved, &c. That the Serjeant at Arms attending the Parliament, do apprehend the said Lieut. Col, John Lilburn, and bring him to the Bar of this house upon Tuesday morning next, to receive the Judgement of Parliament aforesaid, and that Mr. Speaker do direct a Warrant to the Serjeant at Arms accordingly.

But he could not shew us, as he said himself, any Judgement given for high Crimes and Misdemeanors, the 15 day of January 1651. or any other day against Lieut. Col. John Lilburn: and further said there was nothing that passed but only those Resolves: we asked him how often the Act was read, and he said it was read twice upon the twenty first of January one thousand six hundred fifty one, and then committed, and read the third time upon the thirtieth of January 1651 (but the said Mr. Scobel refused to shew us the indorsement, although we earnestly desired it, but he snatched it away from us) and corrected, and put to the Question whether it should be ingrossed, but (as it appears by the Journal book which he shewed unto us) it passed in the Negative that it should not be Ingrossed: but was resolved that it should be printed and published.

Thomas Prince.

William Lilburn.

Isaac Gray.

Unto which foresaid Certificate, I shall onely desire to annex a penn’d answer unto some objections about my carriage beyond sea, penn’d by a meer stranger that I know not, and sent unto me: which paper being very pertinent to the foregoing treated of business, thus followeth:

ITs objected that John Lilburn held correspondencie with malignants when he was beyond the seas, being banished out of England.

Answ. If John Lilburn being banished did hold affinity or correspondencie with Malignants being beyond the seas, yet he betrayed no trust reposed in, or unto him; for they that banished him, put no Charge or Trust upon him to act for them in his banished condition, but by their banishing of him deprived him of all duties and performances: and putting him there in a capacity of an Alien, and excommunicated person from the Commonwealth of England, making of him an enemy, Edition: current; Page: [7-291b] and so leaving him free in himself to act for himself either with or against those that banished him; as he pleased: for in their Act of banishment which they say concerns him and now would take away his life for pretended breaking of it, They did not lay any Injunctions upon him in his banished condition to act for them, nor restrain him to act against them: so that in reason he the said John Lilburn cannot be blamed for what he said or did beyond the seas, although it were ten times worse then his adversaries report it: the reason is, for that they made him an Alien and stranger to England, putting him in the condition of an enemy, depriving of him if he pleased, from all the obligations, duties, and performances of an English man. But if he had not been banished, then in the eye of the Law of nature he should have endeavoured to preserve the well-being of his native Country: and did not David go with the Philistians to battel against Saul, as is recorded, when he was forced to flye for his life to escape the fury of Saul? and doth not David call Saul and all that took part with Saul enemies? and God doth not lay any sin to Davids charge for it, as it may be observed in the Scriptures, 1 Sam. 21. 10, 11. & 29. 1, 2, 3. 6. And 1 Chro. 12. 19. Neither ought John Lilburn to be accused as a malefactor, for what he said or did against those that sought to take away his life, as Saul did, or would have done to David when he was in an exile condition, seeing that they then esteemed him as an enemy.

But Objection the second, John Lilburn is come to England to embroyl this Nation in a new war, and to destroy most of our States-men, as is reported or said.

Answ. When there is no action committed, there is no transgression to be charged; and where no transgression is charged, no Law condemneth, for neither the Law of God, nor the Law of Nature condemneth before some transgression be committed: for Adam was not condemned before he had transgressed, but was forewarned that he should not transgress, that he might not be condemned, Gen. 2. 16, 17. and if a horse look over a hedge where Corn is, and break not in, the horse is not presently pounded, unless he committed some actions by breaking into the Corn, and so be under transgression, then he is liable to be pounded, saith the Law. Neither can it stand in Reason, with men of Reason, that ever Mr. John Lilburn could or can embroyl this Nation in a new war again with it self, for in reason how can it be? hath not the people or Parliament thousands of foot and horse now in Arms, both in England and other places, and a great Navy at Sea? and besides, the constancie of Mr Lilburn to the trust reposed in him for the publick or common good, might let all men see and fully understand thereby, that those aspersions cast upon him is meerly out of malice against the person of the man. Nay all men that have but natural understanding, may see the good intentions of Mr. Lilburn by his many sufferings in the days of the Bishops and late King, and often since; not that Mr. Lilburn ever did oppose powers, or Magistrates as powers, but the abuse of their power, which they inflict and exercise upon the people, whom both by the Law of God and Nature they are bound to preserve and comfort: but when Powers make their lusts to be their Wills, and their Wills to be Laws, then honest Mr. John Lilburn opposeth that corruption; and for opposing Vice, and not Vertue, Mr. John Lilburn is often contemned and counted a turbulent man; but the truth is, tyranny is resistible in whomsoever it is found (it is the Armies and grandees own Doctrine, and they have preached and practised it in the highest) and wil and ought to be resisted by all well principled and minded men both by the light and Law of God and Nature. Also if Mr. John Lilburn had been of such a base Spirit as some great in place are, that when he was employed for the Parliament, to revolt, and then turn to the King and his Edition: current; Page: [7-292a] Faction, and from the King to the Parliament again, and had now under his command great store of ships at Sea, or souldiers on Land; then there might be some colour of shew, that he would put forth himself for the Kings interest; but Mr. Lilburn never stained as yet his reputation, by betraying the trust reposed in him for the good of this Nation, but valiantly and honestly hath performed his part in all actions as hath been offered him. So it may be expected and feared that some who make a fair shew of the peoples Freedoms and Liberties, do intend the peoples Bondage; as may appear by those unjust dealings and proceedings against Mr. John Lilburn, that stands for nothing so much as the peoples Liberties, Freedoms, and Laws: although his life is dear unto him, and his wife and children, yet he hath acted more for the true Freedoms of the people, then ever he did for them. So having answered these your Objections, I remain yours and the peoples well wisher of Freedom and Liberty, both according to the Law of God and Nature, and that to do as men would that others should do to them, which is both the Law and the Prophets, Matth. 7. 12.

FINIS.

Edition: current; Page: [7-292b] Edition: current; Page: [7-293]

John Lilburne

Lilburne, John

25 August 1653

22.

7.22 John Lilburne, The Just Defence of John Lilburn (25 August 1653).

Editor’s Introduction

(Placeholder: Text will be added later.)

ALthough it be a shall thing with me now, after many yeers of sufferings, to be judged of any, or of mans judgement, knowing now apt men are to judge things hastily before the time, before the Lord come, who will bring to light the hidden things of darkness, and will make manifest the councels of the hearts, yet considering how vehemently at present my life is sought after (as for a long time it hath been) and that those who so earnestly desire my blood wanting matter in true law to compass it, have by their politick Agents, filled almost every mans mouth with clamours against me, that I have ever been, and continue a man of a turbulent spirit, alwayes opposing, striving, and flying in the faces of all authorities, restless, and never satisfied whoever is uppermost; yea, though those Edition: current; Page: [7-294a] whom I my self have labored by might and maine to advance and bring into power: and that therefore it is very requisite I be taken off, and that otherwise England must never look to rest long in peace; yea, so turbulent, that if there were none in the world but John Lilburne, rather then want one to strive withall, forsooth, John would certainly quarrel with Lilburne. Finding that this, how slight and unjust soever, hoth prevailed more then true Christianity would admit, and threatens my life more then any matter that is against me, most men of judgement evidently seeing that nothing is laid to my charge, worthy either of death or bonds; I take my self obliged to vindicate my conversation from all such wicked & causless aspersions left by my silence I should seem guilty, and to have nothing to plead in my defence.

All therefore who have any of the true fear of God in them, may please to take notice, that as they ought to judge nothing before the time, so are they to be careful not to judge according to appearance, but to judge righteous judgement: the reason is, because the appearance of things, the gloss and outside is usually made by politicians, the Arts-men and Crafts-men of the world, for maintenance of their corrupt interests; these will be the sole interpreters of men and things, raising, by art and sophistry, such mists before mens eyes, as what therewith, and by changing themselves into the shape of Angels of light, deceive (were it possible) the very elect: but whosoever judgeth according to their Vote, is certaine to judge amiss, may soon be a slanderer, and soon after a murtherer; and if he stop not quickly, go to hell with them, which is the end of all such as love and make a lye, especially such lyes as whereby mens lives are put in danger.

For thus dealt the false prophets with the true, and by their craft and policy led many people to destroy them; and so likewise dealt the Scribes and Pharisees with the Lord Jesus himself, giving out he was a wine-bibber, a friend of Publicans and sinners, that he cast out devils by Beelzebub the prince of devils: and that for no other cause, but that he published doctrines destructive to their interest of glory and domination.

And just so dealt they with the Apostles and Disciples of our Lord, as may be seen Acts 4. and throughout the whole body of the Scriptures: and as Heb. 11. 37. were stoned, were sawn asunder, were tempted, were slaine with the sword, wandered about in sheep-skins and goats-skins, being destitute, afflicted, tormented, of whom the world was not worthy; they wandered in desarts, and in mountaines, and in dens, and caves of the earth. And all these in their several times were reviled and reproached as turbulent persons, as Paul and Silas were in Acts 17. 6. And when they found them not, they drew out Jason and divers brethren unto the rulers of the City, crying, These that have turned the world upside down, are come hither also, whom Jason hath received, and these do all contrary to the decrees of Cæsar, saying, There is another King, one Jesus.

And thus in every age ever since hath it been, as witness all the volumes of the books of Martyrs, and the Chronicles of almost every nation; and thus sometimes upon a religious, and sometimes upon a civil account, and very often upon both in one and the same persons: the most faithful servants of Christ in every country where they lived, being ever the greatest enemies to tyranny and oppression, and the most zealous maintainers of the known laws and liberties of their Country, as was John Hus in Bohemia, Jerom of Prague, John Wickliff in England, the Martyrs in Queen Maryes dayes, the Hugonots or Protestants in France, the Gues in the Low-Countryes; all not only esteemed Edition: current; Page: [7-294b] Hereticks by the Church, but rebels and traytors to their several States and Princes.

And to come home to our selves, and to our own knowledge, none have in the least opposed the illegal practices of those that for the time being have been uppermost, but as they have been given out to be Hereticks and Schismaticks; so also to be factious and seditious, men of contentious and turbulent spirits: and this for no other cause, but for standing for the truth, and contending for the known laws of the land; the prosecutors and cryers out of turbulency, proving ever unjust persons and oppressors; and the oppressed and sufferers, though through the policies of wicked men they have been supposed to suffer as evil doers, yet a short time hath proved they have suffered for truth and right, and were both faithful to God, to their consciences, and truest friends to their native countries, and to the laws and liberties thereof, which rightly understood, give check to all such unjust and evil practices: So that if men would but consider whence the cry ariseth, and that it cometh ever from those that do the injury, and is done purposely to fit and prepare such for destruction as oppose their unjust designs, that whom by law they cannot destroy, first to kill their reputation, and to render them odious; that so what violence or bloody injustice is done unto them, may be digested, if not fully approved. I say, were these truths considered, well-meaning people would not be so easily deluded and drawn in to cry, as these politicians cry; nor so easily under the notion of turbulent spirits give up in sacrifice the lives and bloods of their dearest and best friends, to the lawless lusts and wills of ambitious men, untill none are left that dare utter one word in defence of known rights, or once open their mouths in opposition of arbitrary and illegal proceedings.

For wherein can it be made appear that I ever have been, or am of a turbulent spirit? true it is, since I have had any understanding, I have been under affliction, and spent most of my time in one prison or other; but if those that afflicted me did it unjustly, and that every of my imprisonments were unlawful, and that in all my sufferings I have not suffered as an evil doer, but for righteousness sake; then were they turbulent that afflicted and imprisoned me, and not I that have cryed out against their oppressions; nor should my many imprisonments be more a blemish unto me, then unto the Apostle Paul, who thought it no dishonour to remember those that somewhat despised him, that he had been in labours more abundant, in stripes above measure, in prisons more frequent, in deaths oft.

And truly, though I have not wherewith to compare with those glorious witnesses of God, that in the Apostles times sealed the restimony of Jesus with their bloods, nor with those that in the ages since, down to these times, who have with the loss of their own lives brought us out of the gross darkness of Popery, into a possibility of discerning the clear truths of the Gospel; yet as I have the assurance of God in my own conscience, that in the day of the Lord I shall be found to have been faithful, so though the policies of the adversaries of those truths I have suffered for, do blinde many mens understandings for a season concerning me, yet a time will come when those that now are apt to censure me of rashness and turbulency of spirit, will dearly repent that ever they admitted such a thought, confess they have done me wrong, and wish with all their hearts they had been all of my judgement and resolution.

There being not one particular I have contended for, or for which I have suffered, but the right, freedome, safety, and well-being of every particular man, woman, and child in England hath been so highly concerned therein, that their freedome or Edition: current; Page: [7-295a] bondage hath depended thereupon, insomuch that had they not been misled in their judgements, and corrupted in their understandings by such as sought their bondage, they would have seen themselves as much bound to have assisted me, as they judge themselves obliged to deliver their neighbour out of the hands of theevs & robbers, it being impossible for any man, woman, or child in England, to be free from the arbitrary and tyrannical wills of men, except those ancient laws and ancient rights of England, for which I have contended even unto blood, be preserved and maintained; the justness and goodness whereof I no sooner understood, and how great a check they were to tyranny and oppression, but my conscience enforced me to stand firme in their defence against all innovation and contrary practices in whomsoever.

For I bless God I have been never partial unto men, neither malicing any, nor having any mans person in admiration, nor bearing with that in one sort of men, which I condemned in others.

As for instance, the first fundamental right I contended for in the late Kings and Bishops times, was for the freedom of mens persons, against arbitrary and illegal imprisonments, it being a thing expresly contrary to the law of the land, which requireth, That no man he attached, imprisoned; &c. (as in Magna Charta, cap. 29.) but by lawful judgement of a Jury, a law so just and preservative, as without which intirely observed, every mans person is continually liable to be imprisoned at pleasure, and either to be kept there for moneths or yeers, or to be starved there, at the wills of those that is any time are in power, as hath since been seen and felt abundantly, and had been more, had not some men strove against it; but it being my lot so to be imprisoned in those times, I conceive I did but my duty to manifest the injustice thereof, and claime and cry out for my right, and in so doing was serviceable to the liberties of my country, and no wayes deserved to be accounted turbulent in so doing.

Another fundamental right I then contended for, was, that no mans conscience ought to be racked by oaths imposed, to answer to questions concerning himself in matters criminal, or pretended to be so.

The ancient known right and law of England being, that no man be put to his defence at law, upon any mans bare saying, or upon his own oath, but by presentment of lawful men, and by faithful witnesses brought for the same same face to face; a law and known right, without which any that are in power may at pleasure rake into the brests of every man for matter to destroy life, liberty, or estate, when according to true law and due proceedings, there is nought against them; now it being my lot to be drawn out and required to take an oath, and to be required to answer to questions against my self and others whom I honoured, and whom I knew no evil by, though I might know such things by them as the oppossors and persecutors would have punished them for, in that I stood firm to our true English liberty, as resolvedly persisted therein, enduring a most cruel whipping, pilloring, gagging, and barbarous imprisonment, rather then betray the rights and liberties of every man; did I deserve for so doing to be accounted turbulent? certainly none will so judge, but such as are very weak, or very wicked; the first of which are inexcusable at this day, this ancient right having new for many yeers been known to all men; and the latter ought rather to be punished then be countenanced, being still ready to do the like to me or any man. I then contended also against close imprisonment, as most illegal, being contrary to the known laws of the land; and by which tyrants and oppossors in all ages have broken the spirits of the English, and sometimes broken their very hearts, Edition: current; Page: [7-295b] a cruelty few are sensible of, but such as have been sensible by suffering; but yet it concerns all men to oppose in whomsoever; for what is done to any one, may be done to every one: besides, being all members of one body, that is, of the English Commonwealth, one man should not suffer wrongfully, but all should be sensible, and endeavour his preservation; otherwise they give way to an inlet of the sea of will and power upon their laws and liberties, which are the boundaries to keep out tyrany and oppression; and who assists not in such cases, betrayes his own rights, and is over-run, and of a free man made a slave when he thinks not of it, or regards it not, and so shunning the censure of turbulency, incurs the guilt of treachery to the present and future generations. Nor did I thrust my self upon these contests for my native rights, and the rights of every Englishman, but was forced thereupon in my own defence, which I urge not, but that I judge it lawful, praise-worthy, and expedient for every man, continually to watch over the rights and liberties of his country, and to see that they are violated upon none, though the most vile and dissolute of men; or if they be, speedily to indeavour redresse; otherwise such violations, breaches, and incroachments will eat like a Gangrene upon the common Liberty, and become past remedy: but I urge it, that it may appear I was so far from what would in me have been interpreted turbulency, that I contended not till in my own particular I was assaulted and violated.

Neither did I appear to the Parliament in their prime estate as a turbulent person, though under as great suffering as ever since, but as one grievously injured, contrary to the Laws and Rights of England; and as one deserving their protection and deliverance out of that thraldom wherein I was, and of large and ample reparation, as they did of Mr. Burton, Mr. Pryn, and Dr. Bastwick; and which their favourable and tender regard to persons in our condition, gained them multitudes of faithful friends, who from so just and charitable a disposition appearing in them, concluded they were fully resolved to restore the Nation to its long lost liberty without delay.

Being delivered by them, and understanding their cause to be just, the differences between them and the late King daily increasing, I frequently adventured my self in their defence; and at length, the controversie advancing to a war, I left my Trade and all I had, and engaged with them, and did what service I was able; at Edge-hill, and afterwards at Branford, where after a sharp resistence, I was taken prisoner; and refusing large offers if I would renounce them, and serve the King, I was cariyed a pinioned prisoner to Oxford, where I endured sorrows and affections inexpressible: yet neither by enemy nor friend, was ever to that time accounted turbulent, though I there insisted for my Rights as earnestly and importunately as ever, and as highly disdained all their threats or allurements; and again found so much respect from the Parliament, as when my life was most in danger, to be once more preserved by them; though then not so freely as at first, but upon the earnest and almost distracted solicitation of my dear wife, violently rushing into the House, and casting her self down before them at their Bar: for now their hearts were not so soft and tender as at first: but so far was I then from this new imputation of turbulency, either in City, Country, Parliament, or Army, that I had every ones welcom at my return; and my Lord General Essex to express his joy and affection to me, though he knew me a noted Sectary (a people he was so unhappy to disaffect) that he gave me no less then betwixt 200 and 300 l. in mony, and offers of any kindness; which I shall ever thankfully remember to his just honour.

But Col. Homsteed, and all non-conformists, Puritans, and Sectaries being daily Edition: current; Page: [7-296a] discouraged and wearied out of that Army; and the Earl of Manchester Major General of the associate Counties, giving countenance unto them, I put my self under his Command, my then most dear friend, as much honored by me, as any man in the world, the now Lord General Cromwel, being then his Lieut. General: what services I performed whilst I continued under their command, will not become me to report; I shall onely say this, that I was not then accounted either a coward, or unfaithful; nor yet of a turbulent or contentious spirit, though I received so much cause of dislike at some carriages of the said Earl, as made me leave the service, and soon after coming for London, discovered so great a defection in the Parliament from their first Principles, as made me resolve never to engage further with them, until they repented and returned, and did their first works: from which they were so far, as that there had not been any corrupt practice formerly complained of, either in the High-Commission, Star-Chamber, or Councel-Table, or any exorbitancies elsewhere, but began afresh to be practised both by the House of Lords, and House of Commons, without any regard to those Antient fundamental Laws and Rights, for the violation of which, they had denounced a war against the King.

Nor did they thus themselves, but countenanced and encouraged the same throughout the Land, illegal imprisonments, & close-imprisonments, & examinations of men against themselves, everywhere common; and upon Petitions to Parliament, in stead of relief, new Ordinances made further to intangle them, and all still pointed against the most Conscientious peaceable people, such as could not conform to Parliament-Religion, but desired to worship God according to their own Judgements and Consciences; a just freedom to my understanding, and the most just and reasonable, and most conducing to publick peace that could be; and in the use whereof, I had in some yeers before, enjoyed the comfortable fruition of a gracious God and loving Saviour; and which occasioned me, so soon as the Controversie about liberty of Conscience began, to appear with my pen in its just defence, against my quondam fellow-sufferer Mr. Pryn, as a liberty due not onely according to the word of God, which I effectually proved, but due also by the fundamental Laws of the Land, which provide that no man be questioned, or molested, or put to answer for any thing, but wherein he materially violates the person, goods, or good name of another: and however strange the defence thereof then appeared, time hath proved that it is a liberty which no conscientious man or woman can spare, being such, as without which every one is lyable to molestation and persecution, though he live never so honestly, peaceably, and agreeable to the Laws of the Land; and which every man must allow, that will keep to that golden rule, to do as he would be done unto.

And though my ready appearing also for this my native Right, and the Right of every man in England, gained me many adversaries (for men will be adverse to the best and justest things that ever were, till through time and sound consideration, the understanding be informed) yet neither for this was I accounted turbulent, or of a contentious spirit.

My next engagement was as a witness against the Earl of Manchester, upon Articles exhibited by his Lieutenant-General Cromwel; wherein I being serious, as knowing matters to be foul, opened my self at large, as thinking the same was intended to have been thorowly prosecuted: but the great men drew stakes, and I was left to wrestle with my Lord, who, what by craft, as setting his mischievous Agent Col. King upon my back, and the Judges of the Common Pleas, and upon that the power of the House of Lords, as got me first an imprisonment in New-gate, and after that in Edition: current; Page: [7-296b] the Tower. Against which oppression, for urging the fundamental Laws of England against their usurped and innovated powers, I then began to be termed a factious, seditious, and turbulent fellow, not fit to live upon earth. For now by this time, both House of Lords and House of Commons were engaged in all kindes of arbitrary and tyrannical practices, even to extremity. So that I must pray the judicious Reader well to mark the cause for which I was first accounted turbulent, viz. for urging the fundamental Law of the land against those that thought themselves uppermost in power, and above the power of Law, as their practices manifested; and he shall finde, that for no other cause have I been reputed so ever since to this very day; and that it shall be any mans portion that doth so.

About this time, the Army began to dispute the command of Parliament; and that as they largely declared, because the Parliament had forsaken their rule, the fundamental Laws of England, and exercised an arbitrary and tyrannical power over the consciences, lives, liberties, and estates; and instanced in me and others, who had been long illegally imprisoned. These now espousing the publike Cause, and that their onely end was, that the ancient Rights and Liberties of the people of England might be cleared and secured, not onely prevailed with me, but thousands others in London, Southwork, and most places thorowout the Land, so to adhere unto them, as notwithstanding great preparations against them both by Parliament and City of London, yet they prevailed without bloodshed. A friendship they should not have forgotten.

Obstacles being thus removed, I who with many others, had adhered to them, daily solicited the performance of the end of this great undertaking and engagement, viz. the re-establishment of the fundamental laws: but as it appeared then in part, and more plainly since, there being no such real intention, whatever had been pretended upon this our solicitation, the countanances of the great ones of the Army began to change towards us, and we found we were but troublesome to them, and accounted men of turbulent and restless spirits; but at that time the Agitators being in some power, these aspersions were but secretly dispersed.

We seeing the dangerous consequence of so suddain a defection, from all those zealous promises and protestations made as in the presence of God: and having been instrumental in their opposition of the Parliamentary authority, and knowing that in our consciences, not in the sight of God, we could not be justified, except we persevered to the fulfilling of the end, The restauration of the Fundamental Laws and Rights of the Nation; and I especially, who had spilt both my own and other mens bloods in open fight, for the attainment thereof, look’d upon my self as no other or better then a murtherer of my brethren and Country-men, if I should onely by my so doing make way for raising another sort of men into power, and so enable them to trample our Laws and Liberties more under foot then ever. Upon these grounds, I ceased not day nor night to reduce those in chiefest power into a better temper of spirit, and to perswade them to place their happiness not in Absoluteness of domination, but in performance of their many zealous Promises and Declarations made with such vehemencie of expression, as in the presence of God, and published in print to all the world; urging what a dishonour it would be to the whole Army, to have their faith so broken and violated, that though they might succeed in making out power and domination to some few of them, yet God could not be satisfied, nor their consciences be at peace. This was my way to most of them for a long time: but I may truely say, with David, They plentifully payd me hatred for my good will; and for my good counsel, (for so I believe time will prove it, though now they seem to ride on the wings of prosperity with their ill-gotten Edition: current; Page: [7-297a] wealth and power) they layd snares to take away my life.

And in order thereunto, I with others being at the prosecuting of a Petition, one of their officious Spyes lays an accusation against me at the House of Commons bar; where clayming a Tryal at Law for any thing could be alleadged against me, and denying their Authority as to be my Judges, and for maintaining that I ought not to be tryed in any case but by a Jury of my Neighbourhood; For this doing, I was sent again prisoner to the Tower, where I continued for many months; and then again accounted a factious, seditious, and turbulent fellow, that owned no Authority, and that would have no Government; the cause being still the same, for that I would not renounce the Law my birthright, and submit to the wills of men in power, which as an English man I am bound to oppose.

But new Troubles appearing, and the great ones being in supposition they might once more need their unsatisfied friends, after a sore imprisonment, I obtained my liberty, and so much show of respects, as to have the damages (alotted for my sufferings under the Star-chamber sentence) ascertained: but not the least motion towards the performance of publike engagements, but only as troubles come, as about that time they did appear, upon the general rising & coming in of Hamilton, Goring, and the like, then indeed promises were renewed, and tears shed in token of repentance, and then all again embraced as Friends, all names of reproach cease, turbulent, and leveller, and all; and welcome every one that will now but help; and this trouble being but over, all that ever was promised should be faithfully and amply performed: but no sooner over, then all again forgotten; and every one afresh reproached, that durst but put them in minde of what they so lately had promised: yea, all such of the Army, under one pretence or other, excluded the Army, and so nothing appearing but a making way for Absoluteness, and to render the Army a meer mercenary servile thing, sutable to that end, that might make no conscience of promises, or have any sense of the Cause for which they were raised.

Perceiving this, I with others having proved all their pretences of joyning in an Agreement of the People to be but delusion, and that they neither broke the Parliament in pieces, nor put the King to death, in order to the restauration of the Fundamental Laws of the Nation whatever was pretended, but to advance themselves; I having been in the North about my own business while those things were done, and coming to London soon after, and finding (as to the Common Freedom) all things in a worse condition, and more endangered then ever, made an application to the Councel of the Army by a Paper, wherein were good grounds of prevention: but some there making a worse use thereof, interpreted the same a disturbance of the Army, earnestly moving they might get a Law to hang such as so disturbed them; affirming they could hang twenty for one the old Law could do.

Whereupon, we applyed our selves to the new purged Parliament, with a Paper called The Serious Apprehensions: unto which obtaining no answer, I endeavoured to have gotten hands to another Paper to be presented to the House, which was printed under the title of The second Part of Englands new Chains discovered wherein was laid open much of what since hath been brought upon the Nation of will and power; which at this day deserveth to be read by all that conceive me to be of a turbulent spirit, wherein they will finde the cause still the same, viz. my constant adherence to the known rights of the nation, and no other.

Upon this, I was searched out of bed and house by a party of horse and foot, in such a dreadful manner, as if I had been the greatest traitor to the laws and liberties of England there ever was; the souldiers being raised onely against such traitors, and Edition: current; Page: [7-297b] not to seize upon men that strove for their restoration; but now the case was altered, and I must be no less then a traitor, and so taken, and so declared all over England, with my other fellow-sufferers, and all clapt up prisoners in the Tower, and after a while close prisoners, and then not only aspersed to be factious and turbulent, but Atheists, and Infidels, of purpose to fit us for destruction.

And though after a long and tedious imprisonment, they could never finde whereof legally to accuse us for any thing they put us in prison, yet scrap’d they up new matter against me, from the time they gave me liberty to visit my sick and distressed family; a thing heathens would have been ashamed of (but who so wicked as dissembling Christians?) and upon this new matter, small as it was, what a Tryal for my life was I put upon? what an absolute resolution did there appeare to take away my life? but God and the good Consciences of twelve honest men preserved me, and delivered me of that their snare; which smote them to the heart, but not with true repentance; for then had they ceased to pursue me: but just before that my Tryal, it is not to be forgotten, how a Declaration was set forth by the then Councel of State, signifying my complyance with young Charles Stuart, just as now was published in print upon the very morning I was brought to the Sessions-house: yea, and the same papers brought into the new Parliament, of purpose to bespeak and prevent the effect of those Petitions then presented in my behalf, and to turn the spirits of the House against me: so that nothing is more evident, then that the same hand still stones me, and for the same cause; and that I may be murdered with some credit, first they kill me with slanders: but as they in wickedness, so God in righteousness, and the Consciences of good men in matter of Justice, is still the same; and I cannot doubt my deliverance.

God and the Consciences of men fearing him more then men, freeing me from this danger, I endeavoured to settle my self in some comfortable way of living, trying one thing and another; but being troubled with Excise, wherein I could not sherk like other men, I was soon tired; and being dayly applyed unto for Counsel by friends, I resolved to undertake mens honest causes, and to manage them either as Sollicitor or Pleader, as I saw cause; wherein I gave satisfaction. And amongst others, I was retained by one Master Jos. Primate in a cause concerning a Colliery, which I found, though just, to have many great opposers, and chiefly my ingaged adversarie, Sir Arthur Haselrige, one that did what he could to have starved me in prison, seizing on my moneys in the North, when I had nothing to maintaine my self, my wife and children; this cause had many traverses between the Committee in the North, and the Committee for sequestration at Heberdashers-Hall.

And so much injustice appeared unto me to have been manifestly done, that I set forth their unworthiness as fully as I was able, and at length the cause being to receive a final determination before that Committee, I with my Client and other his councel appeared daily for many dayes, proving by undeniable arguments, from point to point, the right to be in Master Primate: but Sir Arthur Haselrige a Member of Parliament and Councel of State, and a mighty man in the North and in the Army, so bestirred himself, That when Judgement came to be given, it was given by the major Vote against my Clyent, quite contrary to the opinions of most that heard it, and to my Clients and my understanding, against all equity and conscience.

Whereupon, my Client by his petition appealed to the Parliament, wherein he supposeth that Sir Arthur had over-awed the Committee to give a corrupt Judgement. And being questioned, avowed the petition to be his own, and cleared me from having Edition: current; Page: [7-298a] any hand therein. The house were in a great heat, and quarrelled my giving out the petitions before they were received by them, though nothing was more common; but order a rehearing of the whole matter by a large Committee of Members of the house in the Exchequer-Chamber, where notwithstanding the right appeared as clear as the Sun when it shines at noon-day, to be in my Client, to all by-standers not preingaged, yet whilst it was in hearing, long before the report was made, I had divers assured me I should be banished; and when I demanded for what cause, I could get none, but that I was of a turbulent spirit. It was strange to me, nor could I believe a thing so grosly unjust could be done, and provided nothing against it.

But upon the report of Master Hill the lawyer, most false as it was, the House was said to have passed Votes upon me of seven thousand pound fine, and perpetual banishment.

And upon the Tusday after called me to their Bar, and commanded me to kneel once, twice, and again; which I refusing, and desiring to speak, they would not suffer me, but commanded me to withdraw; and the next news I heard, was, that upon paine of death, I must within twenty depart the land: which though altogether groundless, yet finding all rumors concurring in their desperate resolutions, thought it safest to withdraw for a season, into some parts beyond the seas; and so I did, where I had been but a very short time, but I saw a paper intituled An Act in execution of a Judgement given in Parliament, for the banishment of Lieut. Cal. John Lilburne, and to be taken as a felon upon his return, &c. at which I wondered, for I was certaine I had received no Charge, nor any form of trial, nor had any thing there laid to my Charge, not was never heard in my defence to any thing.

Nevertheless, there I continued in much danger and misery for above sixteen moneths, my estate being seized by Sir Arthur: at length understanding the dissolution of the Parliament, I concluded my danger not much if I should return; and having some incouragement by my wife, from what my Lord General Cromwell should say of the injustice of the Parliaments proceedings, and of their (pretended) Act, I cast my self upon my native country, with resolutions of all peaceable demeanor towards all men; but how I have been used thereupon, and since, the Lord of heaven be judge between those in power and me; It being a cruelty beyond example, that I should be so violently hurried to Newgate, and most unjustly put upon my trial for my life as a Felon, upon so groundless a meer supposed Act, notwithstanding so many petitions to the contrary.

And now, that all men see the grosness of their cruelty and bloody intentions towards me, and having not consciences to go back, they now fill all mens mouthes, whom they have power to deceive, that I am of so turbulent a spirit, that there will be no quietness in England except I be taken off.

But dear Country-men, friends, and Christians, aske them what evil I have done, and they can shew you none; no, my great and onely fault is, that (as they conceive) I will never brook whilst I live to see (and be silent) the laws and rights of the Nation trod under foot by themselves, who have all the obligations of men and Christians to revive and restore them. They imagine, whilst I have breath, the old law of the land will be pleaded and upheld against the new, against all innovated law or practice whatsoever. And because I am, and continue constant to my principles upon which I first engaged for the common liberty, and will no more bear in these the violation of them, then I did in the King, Bishops, Lords, or Commons, but cry aloud many times of their abominable unworthiness in their so doing; therefore Edition: current; Page: [7-298b] to stop my mouth, and take away my life, they cry out I never will be quiet, I never will be content with any power; but the just God heareth in heaven, and those who are his true servants will hear and consider upon earth, and I trust will not judge according to the voice of self-seeking ambitious men, their creatures and relations, but will judge righteous judgement, and then I doubt not all their aspersions of me will appear most false and causless, when the worst I have said or written of them and their wayes, will prove less then they have deserved.

Another stratagem they have upon me, is, to possess all men, that all the souldiers in the Army are against me; but they know the contrary, otherwise why do they so carefully suppress all petitions which the souldiers have been handing in my behalf? indeed those of the souldiers that hear nothing but what they please of me, either by their scandalous tongues or books, may through misinformation be against me; but would they permit them to hear or read what is extant to my vindication, I would wish no better friends then the souldiers of the Army; for I am certaine I never wronged one of them, nor are they apt to wrong any man, except upon a misinformation.

But I hope this discourse will be satisfactory both to them and all other men, that I am no such Wolfe, Bear, or Lyon, that right or wrong deserves to be destroyed; and through the truth herein appearing, will strongly perswade for a more gentle construction of my intentions and conversation, and be an effectual Antidote against such poisonous asps who endeavour to kill me with the bitterness of their envenomed tongues, that they shall not be able to prevaile against me, to sway the consciences of any to my prejudice in the day of my trial.

Frailties and infirmities I have, and thick and threefold have been my provocations; he that hath not failed in his tongue, is perfect, so am not I. I dare not say, Lord I am not as other men; but, Lord be merciful to me a sinner; But I have been hunted like a Partridge upon the mountains: My words and actions in the times of my trials and deepest distress and danger have been scanned with the spirit of Jobs comforters; but yet I know I have to do with a gracious God, I know that my redeemer liveth, and that he will bring light out of this darkness, and cleer my innocency to all the world.

FINIS.

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John Lilburne

Lilburne, John

26 September, 1653

23.

7.23 John Lilburne, An Hue-and Cry after the Fundamental Lawes and Liberties of England (26 September, 1653).

Editor’s Introduction

(Placeholder: Text will be added later.)

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A Hu-and Cry after the fundamental Laws and Liberties of England, &c.

YOU are immediatly upon sight hereof, to make your repair to all suspected places within your several Limits of Jurisdictions, and there to make diligent search and enquiry after a Cabinet of Jewels of inestimable worth and value, which hath been purchased with the Blood and Treasure of our Accestors; and not only to, but within these 12 years it hath cost this Nation many millions of Treasure, besides the lives of some hundreds of thousands of English men, whom the world (to succeeding Ages) will admire for their gallantry in the several Battels and Conflicts during the late Destroy in intestine wars, in defence of the said Jewels, heretofore called and known by the Fundamentall Laws and Liberties of England: part of which Laws and Native Rights are contained in Magna Charta, and the Petition of Right; the excellency of which Law, might English-men enjoy the benefit of them, as all along this War they have been promised, would make English men the happiest Nation in the world, notwithstanding there are many essentiall things concerning the Priviledges and Immunities of the good people of England, which is not contained in the said Magna Charta, and Petition of Right; yet so excellent are those things contained in those Laws, that were the people suffered to enjoy, which is their Right by Law, then would England be the freest people in the world: This is mentioned, because the said Laws were ratified and confirmed by divers Kings of this Nation, and in particular by the late King Charles, whom the late Parliament put to death for a Tyrant, for violating the said Laws, thereby degenerating from a King into a Tyrant, as all Supream Magistrates do that cease to rule by known Laws and Rules, meerly by his Arbytrary Will and Power.

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And here by the way it would be enquired, whether the Name of a King can make the people Slaves, or whether the Name of a Parliament, though legally chosen, make the people free, seeing that Parl. that are legally called to the Supream Trust, may betray their Trust, and so degenerate into Tyrants, as well as Kings, and so the Tyranny be more absolute, and more evil then that of Kings, considering that Evil or Tyranny in a Community, is worse then Unity: because that it cannot in Reason be imagined, that one man can possibly contrive so absolute a Tyranny, as where there is a Spirit of Tyranny working in a considerable number of persons in a body, &c. And therefore in your search and inquiry, you are to take diligent notice, whether any person or persons being the peoples servants, viz. being declared by themselves the Parl. of the Commonwealth of England, whether they have by themselves, or their Substitutes, at any time since their coming to the management of supream Trust, any way violated, or endeavoured to violate any of the said Priviledges or Immunities belonging to the good people of England. One special Pearl belonging to the said Cabinet bear these words. No free man shalbe taken or imprisoned, or be disseized of his freehold, or liberty, or free Customs, or be out lawed or exiled, or any wayes destroyed, or be past upon, or any way dealt with, but by the Judgment of his Peers, that is, by a Jury of 12 sworn men of the Neighborhood. No man from henceforth shall be attached by any Accusation, nor fore-judged of his life, limb, nor his Lands Tenements, Goods, Chattels, into the Kings or Parliaments hands, against the Form of the great Charter, and the Law of the Land, &c.

From henceforth no man shalbe taken by Petition or suggestion made either to King or Parl. unless it be by Indictment or presentment of good and lawful men, where such Deeds be done in due manner, or by process made by Writ Original at the Common-Law. Nor that none be put out of his Franchises or Freehold unless he be duly brought in to answer, and judged of the same by the Law. And if any thing be done contrary to this Statute it shall be holden for nothing.

Herein may be cleerly discovered the Supremacy and Excellency of the Law of England; wherein is enacted, commanded, and confirmed, That whatsoever should be done contrary to the Law, shall be of no force. Nay further, No man of what estate or condition soever he be shall be put out of Land, Tenement, or taken or imprisoned, or dis-inherited, or put to death, without being called to answer by due process of Law.

By these, and many other such marks, and badges of Liberty you may Edition: current; Page: [7-301a] see in the Cabinet: And because it is more then strongly suspected, that some Grandees pretending to Honesty, and to common Right and Freedom, and upon and by means of the said publike pretences, have inlarged their possessions by the Ruines of the Publique: I say it is upon good grounds suspected, that some of the said Grandees are guilty of endeavouring the subversion of the said Laws and Liberties of England; and instead thereof to introduce an Arbytrary Government. And therefore it is thought fit to leave you, and all the good people of England these following Instructions for your ease and benefit in your said search and Enquiry.

In the first place you are to consider the case of Mr. John Lilburn, Gentleman, what manner of proceedings hath been had against him, since these publique Liberty-pretending Times, viz. Since the Parliament was broken a pieces by Col. Pride, by advice and consent of the General and Councel of Officers, meerly pretending, that Necessity had constrained them to take that course, they knowing no other way to secure the peoples Rights. Now if you look, as you ought to do, upon Mr. Lilburn’s Case, as the Case of every free-born English man, you will find that the people of England, never in the worst of Times, received the like wounds in their Laws and Liberties, as they have done since the said Purge first. Then you may consider the cause of his late Banishment, which was nothing but for doing what in him lay (by Advice) to right a Gentleman greatly wrong’d in his estate, which, in any English mans judgment, deserves no Punishment, much less Banishment.

Secondly, consider the manner of proceeding against him: First, the Business was referred to a Committee to examine, and report to the House, and right or wrong, the House proceeded to vote his Banishment upon the said Report, although many of the said Committee might justly be suspected of Partiality, and greatly to favour Sir Arthur Haslerig’s Cause, and as much to discountenance Mr. Lilburn’s Cause. So that Mr. Lilburn had no manner of legal process, whereby he might make any just defence for himself, which they (I mean his Adversaries) and indeed Adversaries to the just Rights and Priviledges) very well knew he would do, in case it came into any Legal Court where he might have the liberty of Defence: and therefore an Arbytrary Committee must do the work, being both in persons and office fitly qualified for such a purpose; and therefore they bring in their Report, upon which the House proceeded to Vote, as followeth.

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Resolved upon the Question, That the Fine of 3000 l. be imposed upon Lieu. Col. Iohn Lilburn, to be said to the use of the Commonwealth, That he be fined 2000 l. more to be paid to Sir Arthur Haslerig for his dammages, and 2000 l. more to be paid to Iames Russel, Edward Winslow, William Mollins, Arthur Squib, Esquires, four of the Commissioners for compounding, that is to say, to each of them 100 l. for their dammages.

Resolved upon the Question, That Lieu. Col Iohn Lilburn be banished out of England, Scotland, and Ireland, and the Territories thereunto belonging, and not to return into any of them upon pain of being proceeded against as a Felon; and in case of such Return, shall suffer death accordingly. Did ever England know the like proceedings against one of its Natives: and therefore I can but wonder at the Kentish mens flattery in their late Petition against Tythes: in the preamble of which Petition they say, That the glory of Christs appearings are eminent in this Change, and that it is the Noon: But what Will that might be that hath such a Noon of Darkness, Hypocrisie, Self-love, Envy, Injustice, and what not that is evil, as you will better perceive, if you consider the cruel and just dealing exercised upon him the said Mr. John Lilburn, both as to the matter and manner of his Banishment, and since his Return. And first as to the manner of his Banishment. Consider that the Law of England judgeth in man before he be heard, as to his Defence; and therefore no Judgment could be legally given in Parl. against him as is pretended, because that before any Judgment can be given in Law against any English man for any Crime, there must be either an Indictment, Presentment, or some Information against him. Secondly, the party accused must either appear before that Court, or be out-lawed for not appearing. Thirdly, if the party appears, he must either confess the Crimes or Misdemeanors whereof he is accused, or else plead to the Indictment, Presentment, or Information, and come to tryal thereupon. Now if you consider the manner of their proceedings against Mr. Lilburn, you will soon finde, that instead of coming to a legal Hearing, and what proof they had against him to prove any matter of Fact, he was onely called into the Bar to receive his Sentence of Banishment; and whereas by the good old Law of England every punishment ought to be proportioned to the Offence, so that a man ought not to have the punishment due to a great Offence inflicted upon him for a small Offence; nor a small punishment for a great Offence: neither ought any man to be ruined by any pecuniary Muct or Fine, but every man ought to be preserved in his estate, as saving to the Merchant his Merchandize, and Edition: current; Page: [7-302a] to the Villain his Wainage, and so every man ought to be preserved in a way of Trade, or other Calling. Now whether they deale so with Mr. Lilburn, let the world judge, who was fined 7000 l. which was far more then ever the Gentleman was worth, though it cannot be denyed but he hath deserved more of the Common-wealth, then some of those among whom the thousands and ten thousands have been divided, and Parke and Mansion houses was bestowed. Secondly, consider the manner of proceedings against him since his Return, and you will find abundance of malice against the person of the Gentleman, if not an [Editor: illegible word] endeavor to subvert the said Laws and Liberties; which if once effected, the good people of this Common-wealth will have nothing left to defend them in their lives, liberties, and estates, but the absolute Wills of those now endeavor the subversion of the said Laws. What else was the meaning that such endeavors was used to tie him up to a simple Plea of Guilty or not guilty, and so stave him off from his Plea of Oyer, or a Hearing upon the whole matter; which if it had been granted him, there needed to have been no Jury impanelled for the Matter, which the Bench very well knew; for the pretended Judgment upon which that pretended act was Grounded was no Judgment, but some Certaine Arbitrarie votes; and if the Judgment was no Judgment then sure the Act should be no Act and so the whole Matter must fall to the ground, but when by their Menaces of the Press, and still persisting in theire Refusall to grant him the Oyer, he was Constrained to Joyne Jssue and to Cast himselfe upon the Jury for his Tryall and the Jury brought in their verdict according to their Oathes and their Consciences, in which verdict they brought him in not Guilty, wherein they did approve English men, and Honest men as no doubt others would have done as well as they, if they had been such as were prejudiced against him in one kind or other.

But now beeing acquitted by a Jury of 12 Sworn men of the Neighbourhood it was expected hee should have been inlarged Speepily upon it, as by the Law of the Land hee ought to be, but Contrary to Expectation hee was detained in Newgate till the 28 of August upon which day Early in the Morning betwixt 3 and 4 of Clock hee was fetcht by a party of about 100 horse from Newgate and Conveyed to the Tower of London, and there kept Close prisoner and no man suffered to come neere him, and no cause of his deteinement known or expressed in any warrant of commitment, as ought to bee, if Legally they have any thing against him, wherefore it is strangely to be suspected they have some design either to try him by some Arbitrarie Court or other seeing English Edition: current; Page: [7-302b] men will act according to their Consciences, and not to serve the wills of men how great in power soever, and so by Erecting some Arbitrary high Court and to trample under foot that most Just way of tryall by Juries and then (farewell) the Lives and Liberties of England, neither are they content (in having) [Editor: illegible words] prisoner in the Tower of London but much striving [Editor: illegible words] (to) have the Jury fined, if not imprisoned, for not forswearing [Editor: illegible words] and that by those men that in a late Declaration tells [Editor: illegible words] they were required to take upon them the Supreame (Authority of) the 3 Nations (its no matter by whom) and that they will be as [Editor: illegible words] of the Lives, Liberties and Estates of all others as of theire owne [Editor: illegible words] posterities whome they expect still to bee Governed by Successive parliaments.

Now Let the world judg whether the Actions of men be answerable to their protestations; can any man imagine, that if any one or more of them should have undergone so severe a tryall for their lives and beeing acquitted by a jury would have been Content to be still deteined in prison and no cuasse shown wherefore; and not onely so, but to bee hurried from out of their beds by a party of horse, and conveyed to the Tower; and there to be kept close Prisoner in the custody of their greatest enemies. This I can hardly beleeve; and therefore what Machivel said of Alexander the sixth, may be said of these men; Alexander the sixth saith hee never did any thing else but deceive men, and never meant otherwise; yet never was there a man would protest more effectually, nor aver any thing with more Sollemn, and observe them less then he. Nevertheless his cozenages thrives well enough because he knew how to play his part cunningly, Now whether these men knew how to act their parts cunning or not is the Question; and therefore in your Search and Enquiry you are to be dilligent and Imparciall, especially among the greate Ones, Because one of the Giandees said not long since that he knew not whether there were Any fundamentall Lawes or nor, if there were any he thought two Lines of them could not be found, now it is strongly to be suspected that he is one of the violaters of the said Lawes and therefore he would perswade the people not to Looke for the Maintanance of the said Lawes, by telling them that there are not two Lines of them to be found, and therefore they Must be Irrecoverably lost, and therefore if the said party Can or may be found he ought to be apprehended upon Suspition.

You are also to make Dilligent Search and enquiry into all Histories Edition: current; Page: [7-303] and Recordes of Antiquity, and especially into the Reigne of Queen Marie for a president and Parralell case, to justifie the now Governers in their late proceedings againg Mr. John Lilurbn, which if you do, which is much feared you shall be Exceedingly well Rewarded for your paines because the Aturney Generall is thought to be very busie in drawing up an Answer to to the Charge of High Treason Exhibited againg himself in the uper bench by Squire Elsliot, and for Mr. Hall it is thought that he is Takeing of Phisick and spitting his plums to Cleare his throat that the next time he comes to the bench, either the Court or himselfe may understand what he saith, and the Grandees themselves have work enough to cut out for the rest, except some few who have scarcely Read beyond the first of Mathew, or the 3 of Luke, and therefore it is no work for them, All which if you perform, you do both State and people an excellent price of service, and may expect your Reward; and for your so doing this shall be your sufficent warrant. Given under our hands Signed by populer order and appointment

Anonimus.

FINIS.

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William Prynne

Prynne, William

18 October, 1653

24.

7.24 William Prynne, A Declaration and Protestation against New Taxes (18 October, 1653).

Editor’s Introduction

(Placeholder: Text will be added later.)

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A Declaration and Protestation against the Illegal, Detestable, oft-condemned New Tax and Extortion of EXCISE, in general, and for hopes in particular.

WE read in the 2 Sam. 23. 1, 3. That these were the last words of David, the man WHO WAS RAISED UP ON HIGH, THE ANOYNTED OF THE GOD OF JACOB, and the sweet Psalmist of Israel; The God of Israel said, the Rock of Israel spake to me, HE THAT RULETH OVER MEN MUST BE JUST, RULING IN THE FEAR OF GOD. What it is for a Ruler over men to be just, and to rule in the fear of God, we may infallibly conclude, and learn from three Scripture-Presidents, and three sacred Texts, which may serve as a Commentary on it.

The first President is that of Samuel, 1 Sam. 12. 1. to 6. And Samuel said unto all Israel; Behold, I have hearkened unto your voice in all that ye said unto me, and have made a King over you: And now behold, I am old and gray-headed, and have walked before, and(a) judged you from my Childhood to this day: Behold here I am, witness against me before the Lord, and before his Anoynted; Whose Oxe have I taken? Or whose Ass have I taken? or whom have I defrauded? whom have I oppressed? or of whose hand have I received any ransome to blinde mine eyes therewith? and I will restore it to you. And they said, THOU HAST NOT DEFRAUDED US, NOR OPPRESSED US, Edition: current; Page: [7-306a] NEITHER HAST THOU TAKEN OUGHT OF ANY MANS HAND: And he said, The Lord is my witness against you, and his Anoynted is witness this day, that you have not found ought in my hand: And they answered; He is witness. That Governour or Ruler over men, who can make such a challenge and protestation as this, before God and all the people, and receive such a testimony from both, of his integrity, as Samuel here did after he had judged Israel above threescore years, is certainly a just man, truly fearing God: And what Governour this day ruling, though but for a few months or years, can make such a challenge, or receive such a witness as he did from all the people?

The second President is that of King David, a man after Gods own heart, who as he would by no means lay violent hands on King Saul his Soveraign, who hunted him like a Partridg, and sought his life, though God gave him twice into his hands, and was perswaded by his Souldiers and Military Officers to kill him; nor yet usurp the Royal Throne, or Government of Gods people, though specially anointed by God long before thereto, without a General Call and Election thereto by all the Tribes and Elders of the people; 1 Sam. 24. & 26. 2 Sam. 5. 1. to 6. So it is recorded of him, 2 Sam. 8. 15. and 1. Kings 15. 5. And David raigned over all Israel; and David executed Judgment and Justice unto all his people; and David did that which was right in the eyes of the Lord, and turned not aside from any thing that he commanded him all the daies of his life, save only in the matter of Uriah the Hittite; for which he penned, and left a(a) Penitential Psalm on Record to Posterity, to testifie his unfeigned repentance for that bloody crime. And where can we finde such a David now?

The third is Nehemiah, cap. 5. throughout; who when the people cried and complained to him of their Debts, Engages, Bondage and Oppressions by their Brethren, and that others had their Lands, Vineyards, yea their Sons and Daughters for servants, for moneys borrowed of them FOR THE KINGS TRIBUTE; He grew very angry, and rebuked the Nobles and Rulers for it, and set a great Assembly against them, and said unto them: We Edition: current; Page: [7-306b] after our ability have redeemed the Jews our brethren, which were sold unto the Heathen, and will you even sell your Brethren? or shall they be sold unto us? I likewise, and my Brethren, and my servants, might exact of them money and corn. I pray let us leave off this Usury: restore I pray unto them even this day their Lands, their Vineyards, and their houses; also the hundredth part of the money, and of the corn, the wine, and the oyl that ye exact of them. Then said they, We will restore them, and will require nothing of them; so will we do as thou hast said. Then Nehemiah called the Priests, and took an oath of them, that they should do according to this promise: Also he shook his lap, and said, So God shake out every man from his house, and from his labour, that performeth not this promise, even thus be he shaken out and emptied; and all the Congregation said, Amen, and praised the Lord, and the people did according to this promise. After which, he subjoyns this memorable testimony of himself. Moreover, from the time that I was appointed to be their Governour in the Land of Judah, from the 20. even to the 32. year of Artaxerxes the King, I and my Brethren have not eaten the bread of the Governour: But the former Governours that had been before me, WERE CHARGEABLE UNTO THE PEOPLE, AND HAD TAKEN OF THEM BREAD AND WINE, BESIDES FORTY SHEKELS OF SILVER (what is this to our Contributions, EXCISES, Freequarter, Sequestrations, Imposts, &c.) Yea, even their servants bear rule over the people: BUT SO DID NOT I, BECAUSE OF THE FEAR OF GOD. Yet also I continued in the work of the Wall; NEITHER BOUGHT WE ANY LAND: and all my servants were gathered thither unto the work. Moreover, there were at my Table an 150. of the Jews and Rulers, besides those that came unto us from among the Heathen that are about us, &c. YET FOR ALL THIS REQUIRED I NOT THE BREAD OF THE GOVERNOUR, (that is, his Salary, and ordinary allowance, formerly paid by the people) BECAUSE OF THE BONDAGE WAS HEAVY UPON THIS PEOPLE. Think upon me my God for good, according to all that I have done for this people.

When our late and present Governours, and their under-Officers, Edition: current; Page: [7-307a] shall imitate Samuel, David, but more especially Nehemiah, and the Nobles, Rulers, and Officers under him, in making full restitution of all their Christian Brethrens, and the publike Lands, Vineyards, Oliveyards, Houses, Goods, Possessions, Offices, Moneys, Corn, Wine and Oyl they have forcibly seized on, without any legal Right or Title, or gotten by usurious or unrighteous contracts, Sequestrations, Sales, Donations, Wiles, Disseisins, Oppressions, Exactions, Excises, Taxes, &c. give a true and just accompt to our whole Nation of the many Millions of Treasure in few years extorted from them; and shall neither impose, nor exact from them any more Moneys, Contributions, Excises, Corn, Wine, or the bread of the Governour from the people, because of the fear of God, and because of the Bondage that is heavy upon them; we shall then pronounce them to be just, ruling in the fear of God. But till then, neither God nor men will or can pronounce them such. And upon consideration of these three sacred Texts, to omit others.

The first is, Ezek. 18. 5. to 14. But if a man be JUST, & DO THAT WHICH IS LAWFUL & RIGHT, & HATH NOT OPPRESSED ANY, but hath restored to the Debtor his pledg, HATH SPOILED NONE BY VIOLENCE, hath given his bread to the hungry, and hath covered the naked with a garment, hath not given forth upon usury, neither hath taken any encrease, hath withdrawn his hand from iniquity, hath executed true judgment between man and man, hath walked in my Statutes, and hath kept my Judgments, TO DEAL TRULY; HE IS JUST; He shall surely live, saith the Lord. If he beget a Son, that is A ROBBER, A SHEDDER OF BLOOD, and that doth the like to any of these things to his brother, and that doth not any of those duties, but hath eaten upon the Mountains, and defiled his Neighbours Wife; HATH OPPRESSED THE POOR AND NEEDY, HATH SPOILED BY VIOLENCE, hath not restored the pledg, &c. hath committed abomination, hath given forth upon usury, and taken encrease; shall he then live? He shall not live, he hath done all these abominations, he shall surely die, his bloud shall be upon him, &c. Which is again there repeated, for the greater certainty. Edition: current; Page: [7-307b] If the just men and Rulers of this latter age shall be judged and tried by this Text, I fear we may take up the words of the Prophet Micah 7. 2. and c. 3. 1, 2, 3, 4. The good man is perished out of the earth, and THERE IS NONE UPRIGHT AMONG MEN: They all lye in wait for bloud, they hunt every man his Brother with a Net, that they may do evil with both hands earnestly; the Prince asketh, and the Judg asketh for a reward, and the great man he uttereth the mischief of his soul, (by coveting Fields and Houses, and taking them away by violence, because it is in the power of his hand, ch. 2. 1, 2.) the best of them is as a Bryar, the most upright is sharper then a thorn-hedg; they pluck off the flesh of my people from their bones, they eat their flesh, and flay their skin from off them, and they break their bones, and chop them in pieces as for the pot, and as flesh within the Caldron.

The second is, Ezek. 45. 7. to 10. and ch. 46. 18. A portion shall be for the Prince, &c. and my Princes shall no more oppress my people, and the rest of the Land shall they give to the house of Israel, according to their Tribes: Thus saith the Lord God, Let it suffice you, O Princes of Israel! REMOVE VIOLENCE & SPOIL, and execute Judgment and Justice: TAKE AWAY YOUR EXACTIONS (or expulsions of others from their rights) from my people, saith the Lord God. Moreover, the Prince SHALL NOT TAKE OF THE PEOPLES INHERITANCE BY OPPRESSION, TO THRUST THEM OUT OF THEIR POSSESSION. How conscientiously this precept (and Gods own Tenth Commandment of the Decalogue, Exod. 20. 17. Thou shalt not covet thy Neighbours HOUSE, thou shalt not covet thy Neighbours WIFE, nor his Man-servant, nor his Maid-servant, nor his OXE, nor his ASSE, NOR ANY THING THAT IS THY NEIGHBOURS) hath been observed by such who have made and stiled themselves, not only Princes, Rulers, Governours, Officers, but proclaimed themselves the holiest, justest Saints, and Pillars of Justice and Righteousness of late years, and all sorts of Swordmen, let the world and their own consciences judg. I doubt Ovids old Poetical description of the Iron Age(a) VIVITUR EX RAPTO, &c. will suit better Edition: current; Page: [7-308a] with our times and Saints of this Age, then these sacred Precepts, become like old Almanacks quite out of date and practise at least, if not quite out of mind: Terras Astræa reliquit.

The third is Isai. 58. 3. to 13. Behold, in the day of your Fast you finde pleasure, and exact all your griefs: Behold, ye fast for strife and debate, and TO SMITE WITH THE FIST OF WICKEDNESS: Ye shall not Fast as ye do this day, &c. Is not this the Fast that I have chosen, TO LOOSE THE BONDS OF WICKEDNESS, TO UNDO THE HEAVY BURTHENS (of illegal oppressions, long-continued Taxes, Excises, &c.) to let the OPPRESSED GO FREE, and that ye break EVERY YOKE? Is it not to deal thy bread to the hungry, and that thou bring the poor that are cast out (of their houses, possessions, offices, estates, by violence and rapine) to thy house; when thou seest the naked, that thou cover him, and that thou hide not thy self from thine own flesh? Then shall thy light break forth as the morning, and thine health shall spring forth speedily, and THY RIGHTEOUSNESS shall go before thee, and the glory of the Lord shall be thy rereward, &c. And they that be of thee shall build the old waste places, raising up the Foundations of many Generations, and thou shalt be called, The repairer of the breach, the restorer of paths to dwell in. We have had many publique Fasts and Mock-fasts of late years, such as God in this Text professedly reprehends and rejects; but never yet such a true and real Fast, as he here calls for: and that is one main reason, we are still pulling down, and rooting up the Foundations of our Church, Kingdoms, Parliaments, Liberties, Properties, Lawes, and changing from one mishapen form of Government to another, instead of building the old waste places, raising up the Foundations of many Generations, repairing the breaches, and restoring paths to dwell in. O that we might never henceforth mock God or men any more with such hypocritical Fasts as formerly; but that the next prescribed Fast by those in power, might be only this, which God here requires; and that it might be so sincerely, really, effectually performed by the Prescribers of it, that God himself, and all the three Nations, may joyntly attest of them, That they are just, ruling in the fear of God.

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On Tuesday the 26 of September last, 1654. there was this Ticket left at my house at Swainswick. directed to no particular person named in it, or indorsed on it.

You are to appear at the Grey-hound in Bath, on Tuesday next by ten of the Clock in the fore-noon, to make entry of what quantity of HOPS YOV HAD GROWING THIS PRESENT YEAR, AND TO PAY THE DVTY OF EXCISE FOR THE SAME. 25 September 1654.

Thomas Peeres, Sub-collector.

Hereupon repairing to the Lecture at Bath the next morning, and carrying with mee this Ticket, and such Parliamentary Judgments and Declarations against Excise, as are hereafter specified, which I drew up in writing as here I present them to the publique, I sent for the Sub-collector to the Inn where the Ordinary for the Lecture is kept, before the Sermon began; who repairing to me thither, I shewed him the Ticket, in a freindly manner, which he owned; and then informed him it was erronious, and voyd in Law, (because directed to no particular person by name) in respect of form, which he confessed, saying it was his mans mistake, who had order to set the parties names to every severall Ticket he delivered at their houses; I acquainted him that this being but a circumstance, the end why I sent for him, was to be satisfied by him, touching the substance of his Warrant, and that was, to make entry of what quantity of Hops I had growing this present year, and to pay the Duty of Excise for them. For, although I was a Lawyer and knew what Duties were by Law to be paid by my self and others, yet I neither knew nor understood that EXCISE in generall, much less for Hops in speciall, was a duty; and seeing I had many Judgements and Declarations of Parliament against it, as an illegall, execrable innovation, and damning it for ever as such, I could neither in prudence nor conscience pay it as a DVTY, till hee could make it appear to mee by some true reall Act of Parliament to be so: desiring him to shew me what Legall or other Authority he had to claim it as a Duty from mee. To which he answered. that he had nothing else to shew for or claim it by, but a late Ordinance of the Protector and his Counsell at White-hall, continuing the Excise till such a month in the year 1656. Which he would shew mee if I pleased. To which I replied, that I conceived that this would bee his answer; which was no satisfaction Edition: current; Page: [7-309a] at all to me; for I was certain, that by the fundamentall Laws and Statutes of the Realm, and the resolutions of our Parliaments in all Ages, no King of England, nor his Councel-Table, could ever in any age make binding Laws, or impose any Tax, Tallage, Impost, Custom, Tunnage, or Poundage, much less Excise (a stranger to our Ancestors) on the Free-men of England, but only a true and legal English Parliament, and therefore those who condemned, suppressed the late King, and his extravagant Councel-Table as Tyrannicall and oppressive to the People, could neither in justice nor prudence arrogate such a supertranscendent jurisdiction to themselves, as to impose such Taxes as these on the whole Realm, an inseparable Prerogative of our Parliaments alone, as hath been resolved over and over in all ages by the(*) Laws of King Edward the Confessor, ratified by William the Conquerour himself, and by all our Kings since, by a special clause in the very Coronation Oaths, Lex. 55. 56. 58. the great Charters of King John and Henry the third, c. 29. 30. 25. E. 1. c. 5. 6. 34. E. 4. c. 12. De Tallagio, 14. E. 3. Stat. I. c. 21. Stat. 2. c. I. 15. E. 3. Stat. 2. c. 5. 21. E. 3. Rot. Parl. N. 26. 25. E. 3. Rot. Parl. N. 16. 27. E. 3. Stat. 2. c. 2. 36. E. 3. Rot. Parl. N. 26. 38. E. 3. c. 2. 45. E. 3. Rot. Parl. N. 42. 11. H. 4. Rot. Parl. N. 10. 1. R. 3. c. 2. 22. H. 8. The Petition of Right, 3. Car. The Statute against Ship-mony, Knighthood, Customs, 16. Caroli, and all the statutes concerning Customs, Tunnage, Poundage, and Purveyors, in all our Kings reigns, all unanimously resolving, That no Tax, Tallage, Subsidy, Ayd, Loan, Custom, Impost, Tunnage, Poundage, or any other payment or duty whatsoever, can be imposed on, or leavied from the Subject in times of War or Peace, upon any pretext or necessity, but only by common grant and consent of the Lords and Commons in Parliament, and so resolved over and over in the Parliament of 7. 21. Jacobi, and of 3. 4. & 16. Caroli, by many now in power.

And to satisfie him in point of EXCISE, the thing in question, I would shew him some late Judgements and Declarations of Parliament against it, which I presumed would satisfactorily convince him, that it was no Duty, but an intollerable Oppression, and detestable Innovation; whereupon I read unto him these ensuing Judgements and Declarations against it.

1 I shewed him, that Excise was altogether a stranger, and Edition: current; Page: [7-309b] thing utterly unknown to our Fore-fathers, the Name and thing being never found in any Histories, or Records of former Ages in this Island. The first attempt we ever finde upon Record to usher it into, and set it on foot in England, was in the third year of our beheaded King Charls his reign, who by the advice of the Duke of Buckingham, and some other evil Counsellours(*) granted a Commission under the Great Seal of England, dated the last day of February, 3. Caroli, called, THE COMMISSION OF EXCIZE, issued to thirty three Lords and other of HIS MAJESTIES PRIVIE COVNCEL. The Commissioners were thereby authorised and commanded, to raise Monies BY IMPOSITIONS, OR OTHERWISE as they in their wisdoms should find most convenient; the causes wherefore these Monies were to be raised were expressed to be these, THE DEFENCE AND SAFETY OF THE KING, KINGDOM AND PEOPLE, and of the Kings Friends and Allies beyond the Seas, which WITHOVT EXTREMEST HAZARD OF THE KING, KINGDOM. AND PEOPLE, and of the Kings Friends and Allies can admit of no longer delay. INEVITABLE NECESSITY, wherein form & circumstance must rather be dispenced withall, than the substance lost; the Commissioners must be diligent in the service, and not fail therein, as they tender his Majesties Honor, and THE SAFETY OF THE KING AND PEOPLE. Here Salus Regni periclibatur, the whole Kingdom was declared to be in danger, in greater and nearer danger then any now appearing. In the Parliament of 3. Caroli, the House of Commons having notice given them of this Commission, sent for it, and upon debate thereof, without any one dissenting voyce, Voted and adjudged it, TO BE AGAINST LAW, and CONTRARY TO THE PETITION OF RIGHT (though only sealed, and never put in execution) and then desiring a Conference about it with the Lords in the painted chamber (whereat I my self was present) Sir Edward Cook by the Commons appointment, after the Commission read by Mr Glanval manifesting the illegality strangeness and dangerous consequences of it to the whole Kingdom, in an elegant Speech and Argument amongst other expressions [Editor: illegible word] [Editor: illegible word] MONSTRUM HORRENDUM, INFORME, NIENS (descanting upon every one of the words) etc., blessed be God CVILUMEN Edition: current; Page: [7-310a] ADEMPTUM, whose eyes were pulled out by the Commons in Parliament (which they hoped their Lordships would second) before ever it saw the Sun, or was fully brought forth into the world, to consume and devour the Nation. The Lords hereupon fully, and unanimously concurred with the Commons, ADJUDGING IT TO BE AGAINST LAW, and THE PETITION OF RIGHT, and FIT TO BE ETERNALLY DAMNED; and upon the Lords request to the King, this Commission was cancelled in his Majesties presence by his command, and brought cancelled to the Lords House, by the then Lord Keeper, and by them sent cancelled to the Commons House for their satisfaction; who returned it back to the Lords with their thanks for their care and concurrence with them herein. Therefore being thus solemnly damned, and crushed in the shel, by the judgement and unanimous Votes of the Commons, Lords, and King Charls himself in that Parliament, as against the Law of the Land, and contrary to the Petition of Right (then newly passed in that Parliament) it seemed very strange and monstrous to me, that any Pretenders to publik Liberty, Law, Right, or any new Governours, and Councel-table at White-Hall, should presume to revive, and actually impose any such illegal, damned Impositions, and monstrous execrable Excises on the exhausted people now, upon the self-same pretexts of publique safety, and inevitable necessity. The rather, because I informed him.

Secondly, That the last Parliament of King Charles, about 13 yeares after this first Judgement had, in four severall Printed Declarations, Remonstrances, Votes (to which most now in power were Parties and Consenters) revived, approved, ratified and insisted on this primitive sentence of condemnation against Excise, as most illegall and detestable.

1 In and by the Speech and Declaration of Mr. Oliver St. John, his Majesties Solicitor General, delivered at a conference of both Houses of Parliament, concerning Ship-mony, 14 January 1640 published by the Commons Order, page 13, 15, 16, 19. I am commanded by the House of Commons, (saith he) to present to your Lordships considerations those things which SATISFIED THE COMMONS.

First, The Commissions for the Peace with the instructions.

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Secondly, A COMMISSION CALLED THE COMMISSION OF EXCISE &c. This was dated ultimo Febr. 3. Caroll. It was dated after the Summons to that Parliament. This Commission issued to 33 Lords, and others of his Majesties privy Counsell. The Commissioners are thereby commanded to raise monies by impositions and otherwise, as in their judgements they shall find to be most convenient. The causes wherefore these monies are to be raised, are exprest to be these, The defence and safety of the King and people, which without extremest hazard of the King, Kingdome, and people, and of the Kings freinds and Allies beyond Seas, can admit no longer delay. INEVITABLE NECESSITY, wherein forme and circumstance must rather be dispenced withall then the substance lost. The Commissioners must be diligent in the service, and not faile therein, as they tender His Majesties Honour, and the safety of the Kingdome and people. Here, salus Regni periclibatur, the whole Kingdome declared to be in danger, in greater and nearer then in the opinions, the Ship-writs or Judgements in the Chequer. In the Parliament of 3. Caroli, this Commission was adjudged by the Commons TO BE AGAINST THE LAWS OF THE REALM, AND CONTRARY TO THE JVDGEMENT GIVEN IN THE PETION OF RIGHT; and after a conference with your Lordships, your Lordships desired His Majestie, that it might be CANCELLED: the then Lord keeper brought it shortly after Cancelled to your Lordships in the House, and there said, that it was Cancelled in his Majesties presence. You sent it Cancelled to the Commons to be reviewed, Who afterwards sent it back to your Lordships. My Lords, wee have not cited these Presidents of that Parliament, out of diffidence that your Lordships have forgot them, but because other have; or that wee distrust your Lordships Justice, if you had forgot them; for before these were, your Lordships concurred in opinion with your worthy Ancestors, that first gave them: their Noble blood runs in your veines. It is now TO CONFIRM YOVR OWN IVDGEMENT AS WELL AS THEIRS in your Lordships brest. There ARE NOW THE SAME MAGAZINES AND FOVNTAINES OF HONOVR AND IVSTICE AS WAS THEN. THESE IVDGEMENTS AND PROCEEDINGS WERE THE ACTIONS Edition: current; Page: [7-311a] OF BOTH HOVSES the DANGER by the violation IS EQVALL.

So hee, and the Commons then resolved: with what face or color of Law and Justice then, can any persons revive, impose, exact, or justify this illegall Tax and Excise, now, (especially by a meer extrajudiciall White-hall edict, more illegall then that Commission under the great Seal, by the Kings and the whole Counsells Order) who thus publikely censured the bare designe of imposing it by the King and his Councell-table then, by Commission under the great Seal of England, which their paper Edict wants?

2 In a Remonstrance of the State of the Kingdom, 15 December 1641. (which I then read to the Excise-man) made, Printed and published by the whole Commons House of Parliament, and some of our present Grandees, then Members of it, Exact collection page 3. 4. 6. Wherein relating, the pressing miseries and calamities, the various distempers and disorders, which had not only assaulted, but even overwhelmed and extinguisht the LIBERTY, peace and prosperity of this Kingdom, &c. The root of all this mischief, wee find (say they) TO BE A MALIGNANT and PERNICIOVS DESIGNE OF SVBEVERTING THE FVNDAMENTALL LAWS and PRINCIPLES OF GOVERNMENT, upon which the Religion and IVSTICE of this Kingdome are formerly established. The Actors and promoters hereof have been.

1 THE JESUITED PAPISTS, WHO HATE THE LAWS, as the obstacle of THAT CHANGE and subversion of Religion, which they so much long for &c. As in all compounded bodies, the operations are qualified according to the predominant Elements: so in this mixt party (let out late and new puny Statesmen observe it) THE JESUITED COUNSELS BEING MOST ACTIVE and PREVAILING, may easily bee discovered to HAVE HAD THE GREATEST SWAY in all their determinations; and IF THEY BE NOT PREVENTED, are likely to DEVOUR THE REST, and to turn them INTO THEIR OWN NATURE, &c. The first effect and evidence of their recovery, and STRENGTH was, the dissolution of the Parliament at Oxford, &c. The precipitate Breach with France, by taking their ships, &c. The Peace with Spain, &c.

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The charging of the Kingdom with billeted Souldiers in all parts of it, and the concomitant design of* German Horse, that the Land might either SUBMIT WITH FEAR, or BE ENFORCED WITH RIGOVR TO SUCH ARBITRARY CONTRIBUTIONS, AS SHOVLD BE REQVIRED OF THEM. The dissolving the Parliament in the second year of his Majesties reign, the exacting the proportion of five Subsidies, after the Parliament dissolved, by Commission of Loan, and divers Gentlemen and others imprisoned for not yeelding to pay that Loan.

Nota.AN UNJVST and PERNICIOVS ATTEMPT TO EXTORT GREAT PAIMENTS FROM THE SUBJECTS BY WAY OF EXCIZE, and A COMMISSION GIVEN UNDER SEAL FOR THAT PURPOSE; (yet damned before put in execution) The Petition of Right which was granted in full Parliament blasted, &c. and the Petition made of no use, but to shew the bold and presumptuous injustice of such Monsters, as durst break the Laws, and SUPPRESSE THE LIBERTIES OF THE KINGDOM, after they had been so solemnly and evidently declared. Another Parliament dissolved, 4. Caroli; the Privileges of Parliament broken, by imprisoning divers Members of the House, detaining some of them close Prisoners for divers Months together, &c. Upon the dissolution of both these Parliaments, UNTRVE and SCANDALOUS DECLARATIONS PUBLISHED, TO ASPERSE THEIR PROCEEDINGS, and SOME OF THEIR MEMBERS, TO MAKE THEM ODIOUS, and COLOUR THE VIOLENCE WHICH WAS USED AGAINST THEM.* Tunnage and Poundage hath been received without colour or presence of Law, many other heavie IMPOSITIONS CONTINVED AGAINST LAW, and some so unreasonable, that the Sum of the charge exceeded the value of the goods. The Book of Rates lately inhanced to an high proportion, and such Merchants as would not submit TO THEIR ILLEGAL AND UNREASONABLE PAYMENTS, were vexed and oppressed above measure, &c. A new and unheard of Tax of Ship-mony was devised, upon pretext of guarding the Sea, &c. the exactions of Coat and Conduct mony, and divers other MILITARY CHARGES; the taking away of the Arms of the Trained Bands of divers Counties; Edition: current; Page: [7-312a] the restraint of the Liberties of the Subject in their habitations, Trades, and other interest; their vexation and oppression by Salt-peeter-men. Great numbers of the Subjects for refusing those unlawful Charges, have been vext with long and expensive Sutes, Some Fined and Censured, others committed to long and hard Imprisonments and Confinements to the losse of health in many, of life in some, and others have had their Houses broken up, their Goods seized, Some have been restrained from their Lawful Callings, Judges have been put out of their places, for refusing to do against their Oathes and Consoiences. Others have been so awed, that they durst not do their duties. Lawyers have been checkt for being faithfull to their Clients, &c. Now OATHS have been forced upon the Subjects AGAINST LAW, NEW JUDICATORIES ERECTED WITHOUT LAW. The Covncil Table Have By Their Orders Offered To binde The Subiects in their Free-holds, Estates, Sutes, and Actions; if all and every of these, by the resolution of the whole Commons House, and many in late and present power, were the fruits and effects of the most active and prevailing Jesuited Counsel then, out of a malignant and pernicious design of subverting the fundamental Laws and Principles of Government, &c. What are all and every of these particulars of late years, and still acted over and over again, in a far higher, open, more avowed degree then ever, by persons in greatest power, and parties to this Remonstrance, but the very effects and products of the self-same Jesuitical prevailing Counsels, and those many Jesuits now swaying, and sitting in Counsel amongst us (as some Grandees have lately averred in their* printed Speeches as well as private Conferences?) And if the very damned Commission of Excise before ever it was put in execution, was so many years after this publickly branded for an unjust and pernicious attempt and result of Jesuited prevailing Councels, to extort great payments from the Subject; What is the late and present violent illegal imposition, collection, extortion of, from the exhausted people, by Excise-men, Forfeitures, Penalties, Fines, Confiscations, Seisures of Goods, and Arms, Troopers in some cases, and that by a now erected Councel-Table Ordinance (as they stile it) presuming not only to make binding orders for private men, but Edition: current; Page: [7-312b] *Many and Manifold Binding Lavvs and Ordinances for our three whole Kingdoms, printed in Folio; and To Impose Monthly Contributions, Excizes, Customs, Tvnnage and Povndage On Them For Sundry Months and Years Yet To Come, against the expresse Letter of the Great Charter, the Petition of Right, all fore-cited Statutes, Judgements of Parliament, and to repeal all these Laws, with others at once, as well as to erect new Judicatories, and impose such new Oathes and Restraints on their new Modelled Parliaments themselves, and the three whole Kingdoms, which no English King, nor Council-Table ever did in any age? The Lord give them, and the whole Nation, hearts to consider, repent, reform it, to prevent those* manifold mischiefs and combustions which else may ensue upon it, and the evils such bad Presidents may produce in after ages, if not crushed, reversed, suppressed in the shell; being set on foot by those who professe themselves the greatest Patrons and Protectors of our Fundamentall Liberties, Franchises, Laws, Rights, Parliaments, which they totally subvert, and the grandest enemies to arbitrary Government, Tyranny, Oppression, and Jesuiticall Practices, of which they over-much savour; if this Remonstrance of the whole House of Commons be Judge, and such of themselves who were Parties to it.

In* A Declaration of the Commons assembled in Parliament, for bringing to condign punishment those that have raised false and scandalous rumours against the House, how That They Intend to assesse every mans Pewter, and Lay Excize Upon Every Commodity. (which I shewed and read to the Excize-man.)

Die Sabbati 8 October. 1642.

THe Commons House in Parliament, receiving information, that divers publike rumours and aspersions, are by Malignant persons cast upon this House, that THEY INTEND to assess every mans Pewter, and LAY EXCISE VPON THAT and OTHER COMMODITIES, the said House, for their vindication therein do declare, THAT THOSE RUMORS ARE FALSE and Edition: current; Page: [7-313a] SCANDALOUS. And for as much as these false rumors and scandals, are raised by ill-affected persons, and tend much TO THE DISSERVICE OF THE Parliament, it is therefore ordered, that the Authors of these false and scandalous rumors shall be scarched and inquired after, and apprehended and brought to this House TO RECEIVE THEIR CONDIGNE PUNISHMENT.

Ordered by the Commons in Parliament, that this be forthwith Printed and published (as it was accordingly).

By this Declaration it is most apparent,

1 That the very name and imposition of Excise (condemned so newly and frequently in Parliament both by the Commons and Lords) was so odious and detectable to the whole House of Commons now, that they utterly disclaime in publick by this Declaration (after the warres begun) the very thought and intention of imposing it on Pewter, or any other commodities.

2 That they renounce and brand the very first rumors and reports, that they intended to lay Excise upon any commodity, as false rumors and scandals raised by ill-affected persons.

3 That these false reports and rumors tended much to the disservice of the Parliament.

4 That the Authors of them, should be searched, inquired after, apprehended, and brought to the House as Delinquents, there to receive condigne punishment. What punishment then do the imposers, exactors, and levyors of it deserve? with what face Justice, Honesty, conscience, then can any who were parties to this Declaration, after this publick disclaimer, lay Excise both upon Pewter and most other commodities, and justify the levying of it by force and violence, as some of them soon after did, and others have since presumed and continued to do? verily, as I at first, and ever since this strange imposition, much grieved at, and protested to sundry of them against it in private, from time to time, with all earnestness, and some years since penned a publick Protestation against it, with an intent to print it, had it not miscarried; so I observed, that the laying on of this strange Imposition on the people, against this Declaration and the other premises, was that which first and most of all alienated the peoples hearts and affections from the Parliament, gave greatest scandal to their real Friends, and most advantage Edition: current; Page: [7-313b] to their Enemies; and some principal promoters of it were soon after blasted in their reputations, and taken out of the World by death; and what sad and forcible Dissolutions, and unparalleld Ruptures, the real, and other fictitious Parliaments since have come to on a suddain (by those they most relied on for protection) which first imposed, and afterwards continued this and other illegal Taxes on the oppressed people against their own Delcarations, Judgements, and all former Laws, and what confusions they have brought on our three Nations, instead of Peace, Ease, Settlement, Liberty, Safety, Tranquillity, we have all of late years beheld with admiration and astonishment? and let others now beware by their examples, how they still continue them on the exhausted generally discontented Nation. Læsa patientia fit furior, Men will not be always mocked, oppressed in this kinde, but will cry out, Violence and Spoyl, Jer. 20. 8. 9. And the burning fire shut up in their bones against it, will break forth into a fury at last, it will not be stayed or quenched,* but with the ruine of the Tax-masters, 1 King. 12. 15. to 20. This imposing of Excize, and other Taxes against Law, and the fore-cited Judgements, drew this just Censure from the late King, and the Lords and Members of the Commons House at Oxford, against the first Imposers and Exactors of them, in their* Letter to the Earl of Essex the General of the Army, Janu. 27. 1643. to which they subscribed all their names. That it were well, as they still presse upon The Kings Maintenance Of The Lavvs, they would also know, that their obligation to observe the same is reciprocal, and whiles they here resolve to defend the full power of this Parliament (which in their sense can be no other than the power they have exercised this Parliament) they would take notice, that they are therein so farre from the observation Of The Lavvs, that They Desperately Resolve An Utter Subversion Of Them; for what can tend more to the destruction of the Laws, than to usurp a power to themselves, without the King, and against his will, to attribute to their Orders, or pretended Ordinances, The Power Of Lavvs and Statvtes, To Enforce Contributions, Loans, and Taxes Of All Sorts From The Subiect; to imprison without cause shewed, and then prohibit Writs of Habeas Corpus for their enlargement.

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TO LAY EXCIZES VPON ALL COMMODITIES, to command and dispose of THE LIVES and ESTATES of the Free-born Subjects of this Kingdom at their pleasure, TO IMPOSE TUNNAGE and POUNDAGE, CONTRARY TO THE LAW DECLARED IN THE LATE ACT FOR TUNNAGE AND POUNDAGE, and all this done and justified by a LEGISLATIVE POWER founded and inherent in them? All which ARE MANIFEST BREACHES OF THE PETITION OF RIGHT, and MAGNA CHARTA, THE GREAT EVIDENCES OF THE LIBERTIES OF ENGLAND; which Charter bounds them by expresse words, as us, THOUGH ASSEMBLED IN PARLIAMENT, as well as the King; and though it be not now, as heretofore it hath been, taken by solemn Oath on the Peoples part, as well as on the Kings, nor a Curse, as heretofore pronounced on the Violators; yet they HAVING TAKEN A PROTESTATION TO MAINTAIN THE LAWS, and LIBERTIES, and THE PROPERTIES OF THE SUBJECT, and inclusively THAT CHARTER, let them take heed whilst they make use of this their PRETENDED POWER TO THE DESTRUCTION OF THE LAW, LEST A CURSE FALL UPON THEM, and UPON THEIR POSTERITY. What a suddain unexpected curse and blow fell upon some of the principall Promoters of these illegal Taxes, Excizes, and Innovations first, and upon both Houses afterwards, by the Army raised for their preservation, for whose support and pay all these Taxes were first invented, and imposed by a new way of Ordinances (never* heard of, or used in Parliaments in any former age) we all know by sad experience, and let our present White-hall; and other Grandees, who late did, and still continued them in an higher degree with farre less colour of Parliamental authority, consider the Premises, and their downfall, lest they incur the same, or a worse Curse and Judgement, for imposing, and continuing still upon the exhausted people, these illegal, unusual oppressions, by as new illegal Self-created powers, and pretended necessities, of their own making and lengthening. And if they allege, It is just so to continue EXCIZES on the people, till all the Debts secured by them be fully satisfied to such Edition: current; Page: [7-314b] particular persons who took this new Revenue for their Security.

I Answer, First, it is the Highest injustice to continue an illegall damned detestable publike Tax and oppression on the whole English Nation, (specially by as illegall wayes and powers) to satisfy private mens interests, Debts or pretended arreares.

Secondly, That those who advanced any monies upon such an illegall oft-condemned security, deferve justly to be punished with the losse of their Debts, because the chief instruments of continuing and supporting this heavy greivance to the whole Kingdomes injurious oppression.

Thirdly, That those pretended Debts being advanced only for the support and maintenance of those illegall arbitrary powers which impose and dispose of these Taxes at their pleasure, not for the publike weal, ease and benefit of the Nation; it is just they only should defray them out of their owne private estates who first made and thus secured these Debts, for their owne advantage rather than the peoples: it being a rule in Law, and common equity, Qui sentit commodum sentire debet et onus.

Fourthly, The Lawes of England will rather suffer a private mischief, than a generall inconvenience: therefore better these pretended Debtors should suffer, to teach them more wisdome, and love to their owne liberties, Lawes, Country, and Country men hereafter, than that the whole Nation should be still oppressed and robbed by EXCISES and other illegall Taxes; Wee must not rob Peter to pay Paul, much less the whole Nation, to pay a few rich Vsurers, who have (most of them) gotten great Estates, by publike Brocage, and making the whole Nations purse and faith their security and morgage, who never really made any contract with them for any loan of monies, taken up upon their credit, nor entrusted any others with such a power to make them their endless Debtors and pay-masters til doomes-day.

4 As the whole House of Commons severally, so it and the House of Lords too joyntly, after this, in their second Declaration against Commission of Array, 12 Jan: 1642 Printed and published by it self first, and after that in exact collection page 884, 885. by their speciall Order, recite, approve, ratify and insist on the forecited Judgement given against the Commission of Excise 3. Caroli. Where thus they declare (which I likewise read) Wee shall further clear Edition: current; Page: [7-315a] this our sense of the Petition of RIGHT, that it did intend TO TAKE AWAY ALL CHARGES OF WHAT NATURE SOEVER TO BE IMPOSED ON THE SUBJECTS BY THE KING ALTHOUGH FOR DEFENCE OF THE KINGDOME IN TIMES OF DANGER, by Authorities beyond all exception, &c. By the JUDGEMENT OF THE KING, THE LORDS and COMMONS, after the Petition passed. There was a Commission questioned IN PARLIAMENT, called THE COMMISSION OF EXCISE &c. (reciting the effect, and ground of it in the words aforementioned, and THE NECESSITY SO INEVITABLE, that form and circumstance must rather be dispenced with than substance lost &c.) In that Parliament of 3 Caroli, this COMMISSION WAS RESOLVED BY THE LORDS and COMMONS TO BE AGAINST LAW, and CONTRARY TO THE PETITION OF RIGHT; and upon the Lords desire to his Majesty, the same was Cancelled in his Majesties presence by his command, and was brought Cancelled to the House of Lords by the then Lord keeper, and by them afterwards sent to the Commons. By all that hath been said, it appeares; That To Defend The Kingdom In Time Of Imminent Danger, Is No Svfficient Cavse To Lay Any Tax Or Charge Vpon The Subiects Withovt Their Consent In Parliament: which they further prove by the Act then newly passed against Ship many. How any who were parties to this Declaration (as some in present power were) or any Patrons or Protectors of the Lawes, Liberties, properties of the Subject, or privileges of Parliament, can since this, or now, impose or justify the laying of Excise or any other Impost Tax or Tallage whatsoever, upon the people, out of Parliament, by any White-hall Order, upon pretext of any Imminent danger or necessity, against this Declaration and resolution; or any under Officers of theirs exact Excise from me or any other English freeman by their un-parliamentary papers, transcends my understanding to conceive.

Thirdly, It is Declared and Enacted by severall Printed Acts of Parliament, made by both Houses, and* assented to by the King himself 16 & 17 Caroli: That no Custome, Impost, Tunnage, or Poundage is due, or can be imposed on any Goods or Marchandize, Edition: current; Page: [7-315b] imported or exported, without AN ACT OF PARLIAMENT; and that all such persons who shall exact or receive the same, without an Act of Parliament; and grant and consent both OF THE LORDS and COMMONS IN PARLIAMENT, SHALL INCURRE THE FORFEITURE and PENALTY OF A PRÆMUNIRE: This Impost of Excise on Hops, and other Merchandize, falls within the generall compasse of these Acts.

And therefore I advised the Excize-man, with all Customers and other Officers, to take heed how they demand or take Excize, or any other Imposts, Customs, Tunnage or Poundage, by colour of a White-hall, or any other Ordinance, not made by both Houses of Parliament, and setled by a real Act of Parliament, lest they incur the penalty of a Premunire, and smart for it in conclusion, as some of the late Kings Officers did, if ever Law, Justice, or true English Parliaments come to take place again in the Nation, as no doubt they will in Gods due time; when such illegal paper Ordinances, or feigned spurious Acts of* illegal Parliaments will be no Plea to excuse or extenuate their crimes.

Fourthly, After the late Kings beheading, the Army, Officers, and other Commoners who continued sitting at Westminster, without the Majority of the secured and secluded Members, or House of Lords, and arrogated to themselves (beyond all former Presidents) the Name and Title of the Parliament of England, in their Declaration of the 17. Martii, 1648. expressing the grounds of their late proceedings against the King, and setling the present Government in the way of a Free State, p. 7, &c. (which I read to the Excize-man) charged the King, as out-going all his Predecessors in evil, in that after the Loans and other Oppressions, which produced that MOST EXCELLENT LAW OF THE PETITION OF RIGHT, most of them were again acted presently after the Law made against them, which was palpably broken by him, almost in every part of it very soon after his solemn consent given unto it, BY HIS IMPRISONING and PROSECUTION OF MEMBERS OF PARLIAMENT for opposing his unlawfull will, and of divers worthy Merchants FOR REFUSING TO PAY TUNNAGE and POVNDAGE BECAUSE NOT GRANTED BY PARLIAMENT, Edition: current; Page: [7-316a] yet EXACTED BY HIM EXPRESLY AGAINST LAW, and punishment of many good Patriots, for not submitting to whatsoever he pleased to demand, though NEVER SO MUCH IN BREACH OF THE KNOWN LAW. His design to bring in the German Horse TO AWE US INTO SLAVERY, and his hopes of compleating his Grand Project of* SHIP-MONY, TO SUBJECT EVERY MANS ESTATE TO WHATSOEVER PROPORTION HE PLEASED TO IMPOSE UPON THEM.

BUT ABOVE ALL THE ENGLISH* ARMY was laboured by the King TO BE ENGAGED AGAINST THE ENGLISH PARLIAMENT; a thing of THAT STRANGE IMPIETY and UNNATURALNES for THE KING OF ENGLAND, that nothing can answer it but his own being a Foreiner, neither could it easily have purchased belief, but by his succeeding visible actions in full pursuance of the same. As the* Kings coming in Person to the House of Commons to seize the five Members, whither he was followed with* some hundreds of unworthy debauched persons, armed with Swords and Pistols, and other Arms, and they attending at the door of the House, ready to execute whatsoever the Leader should command them (but yet secured, secluded, or offered violence to none, nor ever entred the House, as the Souldiers did both before and since.)

Upon all these and many other unparralleld Offences, upon his breach of Faith, Oaths, and Protestations, and let all the world of indifferent men judge, whether the Parliament (so they term themselves) HAD NOT SUFFICIENT CAUSE TO BRING THE KING TO JUSTICE.

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It seems strange to me, that any of those who thus remonstrated against the late King, and justifie the bringing of him to Justice for all and every of those particulars, should before and since imitate or exceed him in all and every of those particulars; and more especially in the EXCISE; so diametrically contrary to the excellent Law of the Petition of Right, as the premises resolve; which EXCISE he never exacted or put in execution, after the damning of the foresaid Commission. And let all the world of indifferent men judge, whether the Parliament and people of England, have not as just, as sufficient cause to bring them to Justice for it; as ever they had, or pretended to have, to bring the King to Justice for the same: if Rom. 2. 1, 2, 3. b: either good Law or Gospel: the rather, because they resolve in that Declaration, an unaccomptable Officer (as the King pretended himself) to be a STRANGE MONSTER IN NATNRE and no wayes to be suffered in any State or Government.

5. Whereas the Excise man, pretended Excise for Hops, to be a duty by vertue of a White Hall late Ordinance, as he termed it: I therupon read unto him the 36 articles of the Government of the Common-wealth of England, &c. viz; That the Laws shall not be altered, uspended abregated or repealed; nor ANY NEW LAW MADE, NOR ANY TAX, CHARGE OR IMPOSITION LAID UPON THE PEOPLE, BUT BY COMMON CONSENT IN PARLIAMENT; Save onely as it expressed in the thirtieth Article, viz. That the raising of money for difraying the charge of present extraodinary Forces, both by Land and Sea, in respect of the present Warres, SHALL BE BY CONSENT IN PARLIAMENT, and NOT OTHERWISE: Save onely that the Lord Protector, with the consent of the Major part of his Councell, for preventing the disorders and dangers which may otherwise fall out both by Sea and Land, shall have power UNTILL THE MEETING OF THE NEXT PARLIAMENT, to raise Money for the purposes aforesaid, as also to MAKE LAWES and ORDINANCES for the peace and welfare of these Nations, where it shall be necessary, which Edition: current; Page: [7-317a] SHALL BE BINDING & IN FORCE, untill order shall be taken in Parliament concerning the same. And this clause in the oath, p. 46. I do swear and promise in the presence of God: that I wil not violate or infringe the matters & things contained therin, bid to my power observe the same, and cause them to be observed. And shal in all other thines, to the best of my understanding GOVERN. THESE NATIONS ACCORDING TO THE LAWS, STATUTES and CUSTOMES. Now admit this Instrument & Saving to be valid and legal; yet it limiting the Whitehall power of raising monies (and that onely for the Forces by Land and sea in respect of the Warres, which are ended) till the meeting of their first Parliament (and no longer) which was past in their accompt 23 dayes before this demand of Excise for Hops, as a duty; those very articles of the Government discharged me and all others from it; by vertue of any Whitehall Power or Ordinance. But this saving being contrary to the body of the Articles; to all the foremendoned Statutes, Great Charter, Petition of Right, Judgements and resolutions of Parliament, and destructive to the Priviledges and Rights of Parliaments themselves, in whom the Legislative and Tax imposing authority wholly, solely and incommunicably resides, as all our Parliaments Statutes, Law books, Records, Histories in all ages have resolved, and the body of these two Articles confesse, it must needs be void and nugatory to all intents and purposes in all Lawyers, and judicious mens Judgements, and can give them no legall or reall authority to make binding lawes, Ordinances, or impose any Taxes, imposts, or Excises by colour thereof.

If the Parliament it self by speciall Act of Parliament, should give any speciall Committee of Lords and Commons Authority or Power to make binding Statutes, Acts, Ordinantes, or to impose Taxes on the people, or repeal or alter any former Lawes and Statutes with the Kings Royall assent, at the Parliament of 21 R. 2. c. 16, 17, 18, 19, 20. did; yet all such Acts, Ordinances, Laws, Taxes, alterations, repeals of Lawes, would be null and void, though ratified by the Kings consent, and ought wholly to be revoked, reversed, voided and undone, Edition: current; Page: [7-317b] repealed and adnulled for ever; as being IN DEROGATION OF THE STATE OF THE PARLIAMENT, TO THE GREAT INCOMODITY OF THE WHOLE REALM, and OF PERNICIOUS EXAMPLE; and NEVER TO BE DRAWN INTO EXAMPLE IN ANY FUTURE TIME, as is declared, resolved in the Printed Statute of 1. H. 4. c. 3. and more fully in the Parliament Rolls of 1. H. 4. num. 26. 48. 66. 70. worthy perusall. Much more then must the powers granted to any Person or Persons by this Instrument (made out of Parliament, by persons yet unknown for the most part) to impose any Taxes, or make binding Laws and Ordinance, be null and void to all intents, to oblige our whole three Kingdomes, or any one English Freeman, or alter, repeal any former Lawes or Statutes of the Realm by which the people are onely to be governed at all times. The Statutes of 31 H. 8. c. 8. and 34 H. 8. c. 23 authorised the King for the time being with the advice of his Councell or the major part of them, to set forth Proclamations, (in some cases onely) under such pains and penalties, as to him and them should form necessary; which shall be observed AS THOUGH THEY WERE MADE BY ACT OF PARLIAMENT. Provided alwayes that this should not be prejudiciall to any Persons Inheritances, OFFICES LIBERTIES, GOODS, CASTLES OR LIFE; In the passing of which Acts, many liberall words were spoken (against Proclamations) and a plain Promise, (as well as proviso) made, that by authority of the Act for Proclamations, NOTHING SHOULD BE MADE CONTRARY TO ANY ACT OF PARLIAMENT OR THE COMMON LAW; asa Stephen Gardiner Bishop of Winchester, records and writes in his Letter to THE LORD PROTECTOUR in Edward the sixth his Reign, yet this power was held so dangerous, that it was repealed by the Statute of 1. E. 6. c. 12. But never did any Parliament grant any King of England, and his Councel the least power to make binding Laws, and Ordinances, or impose Taxes, Customes, Imposts or Excises in any age, nor to act any thing against any statute or the Common-Law; Edition: current; Page: [7-318a] much lesse against the Great Charter and Petition of Right. And therefore this power granted by this new illegall Instrument, to all or any at Whitehall, to make binding laws and Ordinances, and Impose any Taxes, Customes, Imposts, or Excises, whatsoever is meerly void, null in Law to all intents; and all Ordinances, Laws, Taxes, Excises, made and imposed by pretext thereof, wholly illegall, null and ineffectuall to all intents, and fit to be so declared by the whole Nation and their Trustees, to prevent the dangerous President and consequences of it in future times) and the monthly Contributions, Excises, Imposts, Customes imposed by them for sundry Moneths, and years yet to come, against the very Letter of thirtieth Article, as well as of the forceited Acts, Declarations, and Letter of the Oath therein contained (so soon after the taking of it) must needs be esteemed and declared void, and no wayes to be owned or submitted to as binding, valid, legall, by my self or any others who have taken the Solemn Protestation, League, Vow, and Covenant to maintain and defend the lawes and liberties of the Realm, and Rights and Priviledges of our English Parliaments in our several places, and callings, with constancy, faithfulnesse, and sincerity according to our power, And this was that I then alledged against Excise in generall.

As to the Excise for Hops in special, and that is to be paid by the owner and grower before any sale, I protested against it, as most unjust, and unreasonable for three Reasons.

1. Because men were inforced to pay full Monethly Contributions (though illegally imposed) all the year long to the value of the Ground and Land whereon the Hops do grow, which yields no other Crop or benefit, but Hops; out of which both the rent to the Landlord, and likewise Contribution must be raised: And to enforce men to pay Excise out of that for which they pay full Contribution, without any deduction for the Excise: is a double Tax, and oppression for the self same thing, and they may as well exact Excise for any sort of Corn, and Hay, Edition: current; Page: [7-318b] as for Hops, without defalcation for the Contribution out of the Land whereon they grow, there being the self same reason for both.

2. Because Hops are a great certain Charge, and most uncertain Commodity and Gain. The last year before this, there was such a blight, that I and others, had not the sixth part of the ready money disbursed out of purse for the dressing and polling of them; and this year the crop of Hops was so small, that it would hardly quit the cost bestowed in dressing, polling, tying, gathering. And to enforce men to pay not onely monethly Contributions, but excise likewise, for that domestick native Commodity, for which they are out of purse, and so great losers without any gain, is to adde Oppression to affliction; and against all Rules of Justice and Conscience.

3. Because by the Common Laws of England no Toll is due for any native vendible Commodity till it be sold by the Owner, as is resolved, 9. H. 6. 45. Brook Toll 2. and if a man buy Hops or any other Commodities, for his own private use and family, no Toll by the Common Law 28. Ass. 53. 9. H. 6. 25 Brook Toll 1. 7. Therefore to exact Excise for Hops, before their sale: before we know when, or to whom, or at what rate to sell them, or if sold to any for the use of their particular families was both illegall and unreasonable.

Upon all these grounds and Reasons, I declared and protested to the Exciseman; that I was resolved upon no terms whatsoever to pay any Excise at all for Hops; but to question and oppose it to my power according to my Protestation, Vow, Solemn League and Covenant, for my own and the whole Nations future ease from this oppressing illegal grievance and Dutch Devill, as most stiled it; which I conceived all Patrons of publique Liberty would now cordially and unanimously joyn together throughout the Nation, to conjure down to Hell again, from whence it was first raised by those, who formerly condemned and sent it packing thither. The Excise-man hereupon answered with much Civility and respect; That he would not have suffered any other, so to dispute the businesse Edition: current; Page: [7-319a] with him as I had done: but his respects towards me were such, having been an eminent sufferer heretofore for Religion and Publick liberty, for which he well knew I had sustained very great losses in my estate, and being a Gentleman whom he truly honoured, that he would by no means bring my name in question; and and herefore my Crop of Hops being so mean (which he wished far greater) he would demand nothing from me for them. And so the Minister calling on me, to go to the Sermon; he departed very friendly and fairly to his Inne, and I unto the Church to the Lecture.

Since which being informed, that other Excise-men in Glocester shire have most strictly exacted Excise for Hops from others of my friends by colour of this Whitehall Ordinance; and that the buyer will be forced to pay Excise for my Hops, though nothing be demanded from me; which will be deducted out of the price: although the value considered in it self will be very small, yet since the consequence of it, is and will be very great to the whole Nation, as well as prejudiciall to my self and friends, both for the present and future; I held it my duty to make this my private Declaration and Protestation, publick, for the present and future benefit of the whole English Nation, to whose Judgements, Consciences, Censures, I humbly submit it, at this season. The rather because it pleased God the very next morning after this my Declaration and Protestation made to the Excise-man, to take out of this vale of Misery, my dearly-beloved Christian Brother, and fellow sufferer, for Religion and liberties, Doctor John Bastwick: And therefore seeing I know not how many dayes or hours I may survive him, or whether I shall have any more time, or so seasonable an opportunity to publish any thing of this subject, or to do any further service in these last and perilous times, for the Church and people of God, or my native Countrey, by compleating those larger works, intended by me for posterity, if God shall prolong my life, health and Liberty, I thought meet, whilst I had life and opportunity, to do what good I could,a whiles it was in the power of my hand Edition: current; Page: [7-319b] to do it; and whiles I had this by me. It was our Saviours own Speech and practise, John 9. 4. I must work the works of him that sent me, whiles it is day; the night cometh when no man can work. And it is Gods own advice and precept, Eccles. 9. 10. Whatsoever thy hand findeth to do, do it with thy might, for there is no work, nor device, nor knowledge, nor wisdome in the grave, whither thou goest. And therefore lest this small usefull Piece, (as I conceive it) should dy and perish with me; I have endeavoured to make it publick,b before I go hence and be no more: and if it please almighty God to infuse such a vigorous spirit into it, and bestow such a transcending blessing on it, as to make it instrumentall by his Omnipotency, to give a mortall wound to all those illegall Excises, Taxes, Imposts, &c. under which our impoverished Nation hath so long groaned and languished (in these times of cheapnesse of all Corn, and Countrey Commodities, and scarcity of Coyn, is no way able any longer to pay or bear) or to bring them to, or bury them in the grave of perpetuall obscurity, so as never to rise up again, before I die: I shall then with old Simeon joyfully sing a Nunc dimittis: And it is stand with Gods blessed pleasure) say with the triumphant Prisoner and martyr of Jesus Christ, Saint Paul, 2 Cor. 4. 6, 7, 8. I am now ready to be offered, and the time of my departure is at hand: I have fought a good fight, I have finished my course, I have kept the faith: henceforth there is laid up for me a Crown of righteousnesse, which God the righteous Judge shall give me at that day, in heaven; after all my Bonds, Imprisonments, Persecutions, Sufferings, ingrate requitall of my faithfull services for my God and Countrey here on earth.

FINIS.

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Thomas Saunders

Saunders, Thomas

18 October, 1654

25.

7.25 Thomas Saunders, The Humble Petition of Several Colonels (18 October, 1654).

Editor’s Introduction

(Placeholder: Text will be added later.)

Thomas Saunders

Saunders, Thomas

John Okfy

Okfy, John

Matthew Allured

Allured, Matthew

To his Highness the LORD PROTECTOR, &c. and our GENERAL.

The humble Petition of several Colonels of the Army,

SHEWETH,

See the Decl. of June 14. 1647.THat as Members of the Army we have solemnly declared (not without Appeals to God for our sincerity therein) that we did engage in judgment and conscience for the just Rights and Liberties of our Country, and not as a Mercenary Army: Yet our high estimation, and tender regard of, and great confidence in your Highness, who hath engaged with us in the same Quarrel, hath made us attend in silence your Councels and Determinations to the utmost extremity.

But finding you to have been of late upon transactions of highest moment, whereupon the life or death of a good cause, and the Publike Interest of the Commonwealth doth depend; and that the price of our blood is brought to the utmost Crisis of danger, we hold our selves obliged in conscience and duty, to God, our Country, and your self, to testifie to your Highness the integrity of our hearts, in adhering to that old cause mentioned in our Publike Declarations and Engagements to the Parliament and People; and humbly to minde your Highness of the Tyranny against which we engaged, and of the Fundamental Rights and Freedomes we intended to redeem out of the Tyrants hands, with the price of our blood: And in this, we shall confine our selves to that, whereunto the whole Army by their General Councel agreed, not only before, but also after that high exemplary Justice done upon the late King for his Tyranny and Oppression.

See the Remanstrance from S. Albons, Novem. 16. 1648. p. 14, 15, 16, 17, 18, 19.And in order to bring him to Justice, we then declared his Tyranny to consist in his opposition of the Supreme Trust of Parliaments, concerning the Peoples safety in their absolute command of the Militia, when they judged it necessary, and of their purses to raise moneys, and of their Power to call all Officers of Justice, and Ministers of State to accompt, he pretending that none of these Powers might be exercised without him; and that the Peoples chosen Trustees in Parliament, could not provide for the peoples safety and welfare, but at, and according to his pleasure; and that whatsoever he did either with the Militia which he challenged, or whatsoever mischiefs against the people, neither Parliaments, or any Power on earth could call to an accompt, attach, or meddle with his Sacred Person.

P. 14, 19.And we then also declared, that the Publike Interest of Right and Freedome originally contended for by us, were constant successive Parliaments, to be freely and equally chosen by the People, as their Representors for all matters of Supreme Trust and concernment, both for safety and welfare; and that those Parliaments should have the Supreme Power and Trust in all civil things whatsoever, in making Laws, Constitutions, and Offices, and removing of any publike grievances, and in giving final judgment concerning War or Peace, and the whole safety and welfare of the People.

See p. 2.And that nothing should be imposed upon, or taken from the People, but by their Parliaments: and if any attempts be made otherwise, that the People should not he bound thereby but free.

And that no person whatsoever should be exempt from attempt unto, or punishment by the Peoples Parliaments.

That principle of the Kings unaccomptableness being the grand root of Tyranny, and declared by us, to be begotten by the blasphemom arrogancy of Tyrants, upon their servile Parasites.

Now our Consciences bearing us witness, that we have dipt our hands in blood in this cause, and that the blood of many thousands hath been therein shed by our means, we tremble and fear before the Lord, in the sence of that accompt we must render for all that precious blood, if we should by silence give away the freedome purchased for our Country at so dear a rate, or be instruments to subject the people unto the same, or the like kinde of thraldome, from which God hath delivered then by so many signal providences, (little less then Miracles.)

We having therefore seriously and sadly considered the present great transactions, and the Government, in the settlement whereof our assistance is required, and are pressed in our Consciences to declare to your Highness in all humbleness and soberness of minde, that we sadly resent the dangerous consequences of establishing that Supreme Trust of the Militia at least for the space of two years and an half of every three years in a single Person, and a Councel of his own, whom he may controul by a Negative voice at his pleasure.

And also that during the Session of Parliaments the single Persons interest therein shall be paramount to the interest of Parliaments, and this Power to be over such a Militia, as the late King durst not claim; that is to say, A standing Army, which may in a short tract of time, by the policy of any Single Person that shall succeed, be made wholly Mercenary, and be made use of to destroy at his pleasure the being of Parliaments, and render all the blood and treasure expended in this cause, not only fruitless, but us and our Posterities under an absolute Tyranny and Vassallage, both in our consciences, persons, and estates, the danger being beyond comparison higher (if any such single person be corrupt) then it could have been to have allowed the late Kings Claim to that Ancient Militia, which was, to command the Country to Array, the Arms being in the Countryes own custody, and themselves, or men of their own chusing to bear them, who had no particular interest to oblige them to obey any of the Kings illegal commands against themselves and their Country; whereas a standing Army under a single person, which in time cannot rationally be supposed to be otherwise then Mercenary, will have an interest of subsistance and preferment, in opposition to the Commonwealths Interest, to oblige them to his commands.

And many late examples have evidenced to the whole world, That such a commander of the Militia, will at his pleasure be Master of all Parliaments, Freedomes, and resolutions, and of all our Birth-Rights now purchased by our blood, especially considering, that according to that which is imposed upon the present Parliament, no Parliaments shall ever dare to propose any thing against a single persons Command of the Militia, if he should refuse, during their Session, to dispose the same as they shall advise:

So that whatsoever provisions are seemingly made, either for just liberty of conscience, or for securing the property of our persons, or estates, they are all made void secretly in this, and subjected only to the mercy and will of any succeeding single person, whose heart may be corrupted with ambition, covetousness, lust, pride, or desire of Domination.

And upon the same accompt we are sensible, that the next greatest Part of the Publike Interest engaged for, which is the Legislative Power in Parliaments to make or repeal Lawes, constitute Offices, and to make War or Peace, even this shall depend upon the will and pleasure of the single person: for he still not only have a challenge of a share in the Legislative Power, but an absolute Negative Voice to all Bills containing any thing in them contrary to the matters contained in the Government; under which pretence, a corrupted single Person may, under a colour of Right, prevent any Bill passing into a Law, by averring,See the Government, Article 24. that somthing therein is contraryto the Government: But if any Bill whatsoever pass into a Law, without the single Persons consent, it must be by the Parliaments Declaration against him, that he is obstinate, and will not consent to the Bill, though he cannot satisfie them why he should not; and how probable it is, that the Parliament shall dare to declare in such manner against him that hath the Command of thirty thousand men obliged to him for their pay and preferment, we conceive every considerate man may judg: And besides, how dangerous a clog this will be upon the Power of Parliaments, when no Law can be made without the single Persons consent, without hazard of a War, by so declaring against him, as must render him odious to the people, which is not to be supposed will be born by him.

And how little less this is in effect then an absolute Negative Voice, (the opposing whereof in the late King, cost so much blood) is not hard to judg.

And if the single Person should attempt the highest Tyranny upon the People, such is the Power vested in him, and in such a manner, that the Parliament cannot execute Justice upon him according to his Demerits, unless it shall be supposed, that contrary to nature, he shall assent to have Justice done upon himself; for the Parliament cannot by the Government make a Law to take away the Command of the Militia from the single Person without his own consent, and how then can they proceed to higher Acts of Justice against him, if cause be? But indeed the Power vested in him, renders him able to protect himself from Justice, as the late King might have done,See the Remonstrance of Novemb. 1648. From S. Albons. (speaking as men) if he had been guarded by a standing Army, payed, and preferred by him, and the honest People, without any formed Forces or Arms, as now. And this, we conceive, to be of perpetual prejudice to the Publike Interest, for which we engaged. For the power of punishment, and the subjection of every person unto Justice, is that essential part of Publike Interest, which is the Fence and Guard of all the rest in the depraved estate of mankinde.

See the Government, Article 27.And in regard of our former asserting that Ancient Freedome of our Country that no moneys should be levied upon them, but by Parliaments: We sadly apprehend the evil consequences that may ensue upon the Power of the said Protector, and his Councel, to levy upon the people so much moneys, as will maintain a Fleet and an Army of 30000. men, and 200000 l. per annum over and above, that the way of levying the same must not be altered, but by the consent of the succeeding Protectors.

Now having in our deepest thoughts conscientiously weighed the Premises, calling to minde our former Declarations to the People, with our Protestations and Appeals to God in our streights, That we did in the integrity of our hearts, seek only the security of the Publike Interest of Right and Freedome, and not the advancement of our selves, or any particular party or interest; and considering, that we have born up the Name of God in our Undertakings, and have done all in his Name; and finding in our apprehensions the Publike Interest of Right and Freedome so far from security, that the first Foundations thereof are unsetled, and the Gates are open, that may lead us into endless troubles and hazards, the Government not being clearly setled, either upon the bottom of the Peoples Consent, Trust, or Contract, nor a Right of Conquest, the honest People of England not being conquered, nor upon an immediate divine designation; and our ears being filled daily with taunts, reproaches, and scandals, upon the profession of honesty, under colour that we have pretended the Freedomes of our Country, and made large professions against seeking our private interests, while we intented only to set up our selves.

These things thus meeting together, do fill our hearts with trouble and sadness, and make us cautious of taking upon our selves rashly any new Engagements, although none shall more faithfully serve your Highness in all just designs then your Petitioners: And we are hereby enforced to make this humble Address, and to pray your Highness most serious thoughts of that high price of blood and treasure which the Commonwealth hath paid for it’s Right and Freedom, which was naturally and morally due unto it before, and of the accompt that must be given to the dreadful God for all the blood we have shed; and that we can be deemed no better then Murderers, if the integrity of our hearts in the prosecution of the just ends of the War, do not render us justifiable therein: and to the intent, that the whole Publike Interest contended for, may be certainly secured to the People, and our Consciences discharged in that great duty: That a full and truly free Parliament may without any imposition upon their Judgments and Consciences, freely consider of those Fundamental Rights and Freedomes of the Commonwealth, that were the first Subject of this great Contest, which God hath decided on our side, according as the same have been proposed to the late Parliament by the General Councel of the Army, in the Agreement of the People, which remains there upon Record: That by the assistance and direction of God they may settle the Government of the Commonwealth, and the wayes of Administration of Justice, and secure our dearly-bought freedome of our Consciences, persons, and estates, against all future attempts of tyranny; and such a settlement will stand upon a Basis undoubtedly just by the Laws of God and man; and therefore more likely to continue to us and our Posterities: And in your Highness prosecution of these great ends of the expence of all the blood and treasure in these three Nations, your Petitioners shall freely hazard their lives and estates in your just defence.

And shall ever pray, &c.

Thomas Saunders.

John Okfy.

Matthew Allured.

This Petition was subscribed and owned by these three, and had been by many more Colonels of the Army, if the Lord Protector had not upon search of Col. Allureds Chamber taken it away, and imprisoned him for two daies, whereby any further Subscriptions were prevented.

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John Streater

Streater, John

18 April, 1656

26.

7.26 John Streater, The Picture of the New Courtier (18 April, 1656).

Editor’s Introduction

(Placeholder: Text will be added later.)

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A Conference between Mr. Time-server, and Mr. Plain-heart.

MY dear Friend, how is it with you? me thinks you look somewhat sad and dejected, as if all were not well?

Plain-heart,

Sir, I suppose I am a stranger to you, and therefore I wonder you should salute me as your friend, or take notice of my sad looks: Indeed Sir, I know you not; I am bold therefore to crave your Name?

Time ser.

My name is Time-server; I was very well acquainted with you some years ago.

Pl. h.

I pray you sir, where?

Tim.

Sir, in the Army, when the Engagement was made at Triplo heath, and the Remonstrance at St. Albans; and at the signing of the Engagement to be true to the Common-wealth, as established without King or House of Lords; then was I intimately acquainted with you, and your Brother Sincerity, and all the rest of those good souls, which endeavoured Englands freedome; then I was as forward as any to propose good things to make the Nation happy, and to secure the Liberties of every English man: and to root out Monarchy, root and branch, and settle the government by way of a Free State.

Pl.h.

I perceive by what you have said, that heretofore you and I have been acquainted: what is the reason we are not so still?

Tim.

Indeed sir, the reason is, because the times are altered, for my care is to comply with great mens actions, be they good or bad: When they were for good things, then I like a son of thunder, cryed down Oppression, whether it lay upon the Conscience or the bodies of men? but especially that grievous burthen of Tythes, which the people were forced to pay to the National Ministery, that I may seemed to hate with a perfect hatred, and made that an argument, why the Old Parliament should be broken, because they had not removed that insupportable burthen: but when I perceived the General had changed his minde, then I altered my course in the twinckling of an eye, and presently, that I might keep pace with the times; I commended the thing that I once dispraised and justified, that which I once condemned: so that having Edition: current; Page: [7-322b] changed my principles, and the place of my aboade, I am somewhat grown out of your knowledge.

Pl.h.

I pray sir, where is the place of your aboad?

Tim.

Sir, I am at present a Courtier, and dwell at White-hall.

Pla.

Indeed that is a place which I have not been at great while, for I was banished from thence, at the first errecting of the new Court: for none of my name, viz. Plain-heart could abide there any longer, without making Ship-wrack of Faith and a good Conscience, in conniving at the great mans wickednesse, which is grown to that magnitude, that it may be descerned with out any Spectacles. And more then this, I could tell you, which would make your great Masters ears tingle, and you blush if there were but a dram of honesty in either of you.

Tim.

I pray you go on, and speak your minde freely, and I shall consider what you shall say?

Pla.

But sir, there is no wisdome in that, unlesse I were sure you are not a Spie, or an Emisary, employed by his Talnesse to ensnare the plain-hearted, for he keepeth a great herd of such beasts, who are to feign themselves just-men, though when the plain-hearted cast their Pearls before them, they may turn again and rent them; and therefore I am not free to discourse, unlesse you give me assurance you will not betray me.

Tim.

Sir, I can give you no assurance, but my promise and my oath that I am no Spy, and if that will not serve, you may do as you please.

Pla.

And that is not in my account worth two straws, for did not you Swear and Vow, Covenant and Promise against those very things, that are now done by you, and this accompanied with Prayers, Fastings and appeals to heaven, that God would give Testimony to the sincerity of your intentions; and yet for all this, you have dissembled with God and men, as thousands of this Nation can witnesse and do with grief of heart, and sadnesse of Spirit; and therefore, why may you not forswear your self and deceive me?

Tim.

Sir, I can excuse my self very well from being a Covenant breaker, although I have acted contrary to my former engagements, I being necessitated to do as I have done: but it may be you will say the necessity was of our own making, but leaving that I desire you to resolve me these ensuing questions, which I shall propose for no other end then satisfaction.

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Plain.

If your Questions be of publick concernment, I shall endeavour to resolve them, come on it what will.

Tim.

They are of such concernment, that they reach him which sitteth upon the Throne, and the poorest Peasant in the three Nations.

Plain.

Then go on and speak your mind freely, and though I have cause to suspect your intentions, yet seeing we shall confer of matters relating to the good of my generation, I am the more willing to proceed.

Time.

Whether the General since he assumed the government of the three Nations, or took on him that Protectoral Office, do in any way, in your judgement differ from the King (except in name:) or the things so long practised by him.

Plain.

To which I answer, the difference that is lyeth onely in this, that his little finger is thicker than the Kings loins, as will appear by these considerations. First, his imprisoning of men contrary to law, at his own will and pleasure; yea, many of the Common-wealths best friends, and have kept them in prison many moneths together without seeing the face of any accuser or comming to any triall at law, the truth of which may be evinced by many instances, viz Major Gen. Harrison, Major Gen. Overton, Lievt. Gen. Ludlow, Quarter-master General Courtney, Coll. Rich, Coll. Aldered, Coll. Burch, Lievt. Coll. Lilburn, Major Wildman, Mr. Carry, Mr. Feake, Mr. Rogers, Mr. Spittlehouse, Mr. Stirgion, and others, which I shall not name at present, that are forced to drink of the same cup of his Will and Pleasure: so that we may say, the King chastised us with Whips, but Cromwel chastiseth us with Scorpions: Secondly, the King assumed a power to levy money upon the people without their consent in Parliament, and in this Cromwell is not wanting; for where the King raised a shilling without consent in Parliament, he raiseth ten to maintain himself and family, and his Allies in pride pompe and pleasure; so that he outstripeth him that dwelt in White hall before, in doing that the King durst never do. Thirdly, The King dissolved but two Parliaments in 20 years, but this strange Monster have destroyed 3. in lesse then 3 years, the first of which raised him from a poor mean fortune, to be first the Captain of a Troop, and then a Coll. and at last to be their General, who most unworthily turned his batteries upon his Masters, by which act of his, the old proverb is verified, That Edition: current; Page: [7-323b] some bring up a Bird to pick out their own eyes. Fourthly, The King sent out Fleets & Armies, with out consent in Parliament, as appeareth by the businesse of Rochel and the Isle of Ree, for all which he was judged an Offender, and lost his head as a Traytor to the Common-wealth: But in this, O.P. is not behinde his Predecessor (except in the punishment) who sent a Fleet of ships to Hispaniola, to fetch some Spanish gold and silver, which was most shamefully beaten by a few Cow-killers, and many of them slain if not all perished, whose blood I believe will ly at Cromwels doore. Fistly, The King stoped the free course of Law, that so his tyranny and Oppression might be the better hid from the eyes of men; and in this O. P. hath kept pace with the King, for he put three Counsellors into the Tower for pleading in Mr. Conys Cause, that so he might not onely stop the free course of the law, but also fright the people from seeking any redresse that way.

Time.

Indeed you have spoken plainly to the question, and doubtlesse, there is some truth in what you have said? but his Highnesse having fixed a pair of silver Spectacles upon my Nose, through which I discern his actions to be of a better complection then you have presented them: but my desire is to go on to the next question?

Plain.

Indeed sir, you are like to Pilates Souldiers, who although they were convinced of the truth of Christs resurrection; yet larg money made them say the contrary: yet go on and propound your question?

Tim.

The question is, whether his Highnesse have not sufficient warrant in the scripture to justifie him in the things he hath done?

Plain.

To which I answer, doubtlesse the scripture is so far from owning his actions, or the things he hath done, that they doe condemn him for so doing; as appeareth, Deut. 17. 16. and 20. vers. contrary to which he hath acted in three things: First, he multiplyeth great revenues to himself: Secondly, he causeth the people to return to their old Ægyptian bondage, (viz.) the will of a single person: Thirdly, He hath exalted himself above his brethren; yea, above his Masters. And in 2 Sam. 23. 3. to which he is unsutable in two things, for saith the Text, He that ruleth over men must be just, ruling in the fear of God, which he hath not in all the fore-mentioned things done; for had he feared God, he would not have cast away his good old Cause and the interest of Gods people. Secondly, nor have done so many unjust things as he hath done.

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Tim.

I pray you sir, resolve me this question, whether the known or good laws of England will not justifie his Highnesse in assuming the government, and in the things he hath done for the maintaining of the same?

Plain.

Sir, you may have an answer to this question, and fully satisfie your self in four* acts of Parliament, the one made in Jan. 30 An. 48. another in March following, the third act in May 1649 the other in July 17. An. 49. besides the body of the ancient laws of England for the violating of which Strafford, Canterbury, & the very King of England suffered death; all which laws cry out against your Master and say, that he had no encouragement from them to do, as he hath done: for they which made those laws did appoint them to stand in the Gap, to keep out all such intrudors, but he hath troden them down like mice in the [Editor: illegible word] as if they were not longer usefull, and they are so far from [Editor: illegible word] his Actions or the things he hath done, that they say he is [Editor: illegible word] for so doing.

Tim.

If neither the word of God or the laws of the Land, will own his actions, I pray sir, what will?

Plain.

Sir, the Earle of Straffords instructions to the King that grand piece of state policy or machivils Prince will own his Lordships actions; they being the fruits of none other, but such corrupt Trees; and doubtlesse his talnesse hath consulted with them once and again, how he should manage his affairs, and carry on his designs to enslave the people, and to make them vassals to his own Will, Lust and Pleasure; and from them he hath received more counsell then from any divine Oracle; so that if Strafford were now alive, he must needs salute your Master as his elder brother; for he hath sucked the breasts of his mother, and been baptised into the same spirit, even the spirit of oppression: but it may be you will call for proof of this? To which, I answer, three things: First, There is a Bookseller as I am informed, that bound up Straffords Instructions for your great Masters use. Secondly, he was commanded to keep it very secret, which intimateth that he intendeth to draw the water of state policy out of Straffords Wels: Thirdly, the actions he doth & the measures he makes to the people, do fully declare, that he measureth by Straffords rule; and there is a maxime in Machivel, that he which knows not how to dissemble, knoweth not how to rule: but your Master is excellently accomplished for Edition: current; Page: [7-324b] the businesse of dissembling; for he hath the most excellent art of equivocation, and can lie most misteriously; he can invent Engagements for the people, and dispence with them when he pleaseth; swear and forswear as the winde turns for his own advantage: he can turn up his eyes, and lift up his hands, and appeal to heaven for God to witnesse to the sincerity of his intentions, and use sweet and Saint-like expressions, as if his words were tempered with nothing but Oyle, Butter, and Hony, and cry aloud for the Cause of God, and the good of the people; and all this to make himself great; and by good words and fair speeches deceive the hearts of the simple: an excellent man to make a Prince according to machivels rule: thus you have my perswasions concerning the last thing you proposed.

Tim.

I shall consider of what you have said, and if I finde that I may be of your mind, and keep my honour, and profit, and place, under his Highnesse; and let me tell you privately, that I could say Amen to what you have said, were it not that I love the honour and praise of men more then the honour and praise of God. But I pray sir, resolve me this question: Whether his Highnesse may not expect better success in these his late undertakings then that which befell Strafford and the King?

Plain.

To this I answer, that his successe will be the same or worse if worse can be, as will appear by these following considerations: First, he that walks in Jeroboams sins, shall partake of Jeroboams plagues: secondly, he knowing the judgements of God, that they which doe such things are worthy of death, doth not only the same, but have pleasure in them which do them; therefore his successe will be the same, Rom 1. 32. Thirdly, He that judgeth and condemns an other for doing uprighteous things, and he himself do the same, doubtlesse he shall not escape the judgment of God. Rom. 23. Fourthly, if Strafford the grand master of state policy could not keep his own head upon his shoulders, nor escape the hand of vengeance, that God hath stretched out against Oppressors: Then doubtless the Scholler will not go free. Fifthly, If the King which was a great student in the politicks, yet could not keep himself from bowing down to the block of destruction, that just reward for his unrighteous deeds; from all which, I conclude your Masters portion will be the same, if not prevented by timely repentance.

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Tim.

Sir, as to these thing, I will say more when the times are altered, for you know my manner is to be for any thing that is profitable, although its contrary to equity and justice, but we will passe to the next question. Whether his Highnesse did not speak like a gracious man in reproving the last Parliament for putting their finger on their brothers conscience?

Plain.

To this I answer, his tongue was like a good Samaritan, but his heart like a Jew, which have nothing to doe with one another; he spake like a Saint, but acted like a Serpent, as appears in that, the same man which the Parliament imprisoned for his conscience, hath he imprisoned since for the same, and after ten or twelve weeks restraint commanded him to be carried by his mercenarie souldiers to Portsmouth, and there shipt him and sent him to a remore Island to be kept in streight and close imprisonment; & yet could reprove the Parliament as confidently, as if they had committed the greatest abhomination in putting their finger, on their brothers conscience; although he can thrust in his whole hand.

Tim.

Sir, but what end should his Highnesse have in reproving the Parliament, for that which I confesse he himself hath done since?

Plain.

To this I answer, first in generall that his own Advantage was his end more then any good to the freedome of mens consciences. 2. More particularly, first, he knew he had dissatisfied many honest men by his first Speech, and that there was none other way to draw them in, but putting on his old vaile of godly pretences in speaking for liberty of Conscience, and reproving them which would have infringed it. Secondly, that he might commend himself to the people, as one that was tender of their consciences, and that his large hollow heart could hold all that were godly, though differing in judgment, and that they need not fear to put their trust under the shaddow of his wings, for he was willing to be their servant for their goods. Thirdly, that he might the better perswade the people that Parliaments were of little use, as they might see by the actions of the last, who spent their time about errours in Religion, and neglected the taking away the great errour in the state. Thus you have my perswasions to the last question.

Tim.

Sir, I see you are like your name, viz. Plain hearted, and that you are not afraid to turn your inside outward, which is a Edition: current; Page: [7-325b] thing that my soul dreads, because all my beauty lyeth in the outside, you would hardly believe how the news of the Protector being unvailed, made my very heart shake; also I must tell you, I am more free to discourse in private than in publique; therefore I pray at this time resolve me this question: What the reason is, his Highnesse put in execution that bloody Ordinance, which was made in 48 against the things they call blasphemy and heresie?

Plain.

Doubtlesse you are not ignorant of the great service this Ordinance might doe your Master, for it concludeth a man to be an heretick, which holds that a man is not to believe more than his reason can comprehend: Now this is of singular use for your Master, for he that believes God called him to the government, must believe more then his reason can apprehend. Secondly, he that believes there is a spark of honestly or christian goodnesse in the great man before mentioned, must believe more than his reason can comprehend. Thirdly, He that believes that O.P. intends any good to these three Nations, he must believe more than his reason can comprehend. Fourthly, He that believes England is in a better condition, then it was in the dayes of the long Parliament, he must believe more than his reason can comprehend. Fifthly, He that believes himself and his posterity are any better than slaves, and meer vassals to the will of O.P. he doth believe that which he hath no reason, for as you may perceive by that which fell from his own lips, viz. That he had an unlimitted power till he was pleased to limmit himself, in the paper which he calleth the Government: which puts me in mind of an old Maxime, that he which bindes may loose, and he that hath power to loose can binde; from which you may easily discern, that our Lives, Estates and Liberties depend upon his will and grace: therefore he that believes we are any better than slaves, believeth more than his reason can comprehend; and therefore O. P. had need to make this Ordinance passe for good law, that the people may be bound to stretch their faith beyond their reason, that in sodoing they may believe Cromwel to be that which indeed he is not, an honest man.

Tim.

Sir, I have a word to speak on my Masters behalf, and that is, he is bound by his Oath to maintain all the Laws, Statutes and Ordinances as well as any one of them; and therefore he must maintain this before mentioned.

Plain.

Suppose that which you have said were true, yet you have not acquitted your Master from being a transgressor for the act of Edition: current; Page: [7-326a] Parliament, that establisheth two shillings six pence a day for the Horsemen, and ten pence a day for the foot is already broken: and this is as good law as that before mentioned (if not a great deale better) yet your Master can dispence with his Oath at this turn, and reduce the Horse to two and three pence a day, and the foot to nine pence.

Tim.

Sir, you endeavour to insinuate that my dear Master is partial in the law, which is a thing that must not be admitted, for I can shew you good reasons of State, why the souldiers pay should be reduced.

Plain.

Let me hear them, and I will consider them?

Tim.

First, The souldiers being insensible of the grievous burthen of Tythes that the Country-man lyeth under; his Highnesse to make them, if not sensible, yet conformable to the rest of their neighbours, thought good to take one penny off ten out of the souldiers pay; that so they may, if they please, tell their country landlords, we are become like you, for now we also pay Tythes. Secondly, His Highnesse being necessitated to raise money to maintain his Court in that splendor which becommeth a Prince of his extraction; and in some measure to be like the Kings of other nations; and let me tell you a Protectors necessity is above law. Thirdly, There being many of the old souldiers which served the Parliament against the interest of a single person, which now serve him onely for a present livelihood, which his Highnesse well enough perceiving, took away part of that, that so he might be rid of them. Fourthly, That he might ingratiate himself in the affections of the people, that rather than he will oppresse them, he will pinch a penny a day out of the bellies of the poor foot souldiers; and if they will take care to keep themselves honest, he will keep them poore; thus I have given you my reasons of State, to justifie my Master in taking off a part of the souldiers pay.

Plain.

Let me tell you that you speak very much like a Courtier in what you have said: and truly neither I nor my brother Sincerity, nor any of the good honest soules that ingaged with us in the late war, did ever think to have been so absolutely cheated by you till we saw all your Prayers, Fastings, and Appeals to heaven, turned into an Engine of State policy; and if these be your Court tricks, I hope my soul shall never enter into your secrets; and truly my bowels yerns for the poore souldiers, who have run so many Edition: current; Page: [7-326b] hazzards, and fought so many famous battles, stormed so many towns, waded through so many Rivers, with the losse of limbs and blood; besides all the hunger and cold, and lodging on the ground, which they have gone through, doing summer service in winter season; and after all this, to have the tenth part of their pay taken away, and spent upon your new Court, that the Gentlemen Ushers, and Gentlemen Walters, the Grooms of the Stoole, Gentlemen Sewers, beside the Fidlers, and others that I could name, which shine in their gold and silver; and that this might be maintained, the poore foot souldiers must contribute a peny a day, toward the deffraying of this charge: but time calling me away, if you have not else to say, I will be gone.

Tim.

I would have you resolve me this question, whether or not, it had been more just and honest for his Highnesse to have reduced some of the great Officers (which some think might be very well spared) and some of the pay of them that remain, then to have taken three pence a day from the Horse and a peny from the Foot.

Plain.

To which I answer, it had been more just and honest so to have done, but it would not have conduced so much to the settlement of his greatness, which is a thing that must be prized and preferred before all the justice and equity in the world: as appeareth, First, the Officers have taken a great deal of pains and care to exalt him, and therefore he must take heed he doth not displease them, for fear they which did exalt should abase. Secondly, they are content that he should have 200000. pound a year; and therefore he must let them have good round summes. Thirdly, The losse of one Officer may be more detriment to him and his affairs, then the loss of a hundred private men. Fourthly, the private souldiers never found the sweetnesse of great revenue as the Officers have done; and therefore they may part with their tenths with the lesse grief: Thus I have given you my resolve as to that question.

Tim.

Sir, I see you have some Inspection into our actions at Court, which maketh me the more willing to confer with you; and I desire you to resolve me this question, which depends upon a saying of my Master to the godly people, which petitioned him to make void the Ordinance of Blasphemy and Heresie; the words were these, That if they took care to cleanse the Churches by Excommunication, he must take the like care of the Common-wealth: My desire is to know of you what you think his Highnesse will cleanse the Common-wealth of?

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Plain.

Truly, Sir, you have put me to a stand, for I cannot imagine what he should intend in that saying, for if he should cleanse the Common-wealth of Hypocrites, then there would be one lesse at White-hall. Secondly, if he should cleanse the Common-wealth of Oppressors, then the Broom would sweep it self away. Thirdly, If the Common-wealth should be cleansed of Covenant-breakers, then where would he finde a habitation? Fourthly, if of such as devoure the man that is more righteous then himself, then our new Monarchy would receive a blow? Fifthly, if the Common-wealth should be cleansed of such as fast and pray, and under that pretence devoure Widdows houses, then it is to be feared, we shall loose him? so that I shall lay down no resolve to this question; but leave it for you to enquire of your great Master, what the Com-wealth shall be cleansed of?

Tim.

Sir, I could have given a better answer my self then this which you have given?

Plain.

I pray you Sir do, and I will consider it?

Tim.

Sir, first, His Highnesse will cleanse the Common-wealth of her money, the love of which is the root of all evill: secondly, he will cleanse her of superfluous members, and send them to Hispaniola, either to be killed by the Spanyards, or else to starve there for want of bread: thirdly, he will cleanse the Common-wealth of Justice, that it shall be no more heard in our land: fourthly, of the greatness of Trade by letting in the French upon our Merchants and Manufactors, that the French by having a free-trade may reduce the English men to like poverty; and consequently to like vassellage with themselves: and without doubt, the people being brought low, will be the easierly ruled: Fifthly, he will cleanse it of the benefit of her known law, especially, that which provideth against paying of Taxes and illegal imprisonments; witness his dealing with the Lord Gray of Grooby. Sixthly, He will cleanse the Common-wealth of Parliamentary Priviledges, that they may be no more a burthen to him: and now I will proceed to my last question, whether or not you think his Highnesse Kingdome will continue long?

Plain.

To this I answer, his Kingdome is like to a man that is born of a woman, which continueth but a few dayes and is full of trouble, it came up like a flower and will vanish like a shaddow, and my reasons why I think so, are these: First, because the Spanyard will not part with his Mines in the West-Indies, which was intended Edition: current; Page: [7-327b] to be obtained for the support of this kingdome of his. Secondly, General Blake is come home without his Plate-Fleet. Thirdly, The City is not willing to part with much money upon trust, except the East-Indian Merchants have some more money in Controversie, which they are willing to deposite in his hands, till they have wit to agree about it. Fourthly, The peoples eyes begin to be open, and they can now see and do say there is no law that requires Taxes to be paid. And upon that account many do refuse as justly they may. 5. The soldiers grumble for the losse of the tenth part of their pay, and are ready to serve a better Master if occasion be. 6. His own fears are such, that he is a terrour to himself, and dare not go forth without strong guards to defend him; and as his fears increase, and his hopes faile, his guards are strengthened; and doubtlesse if this new Government were of God, there would not be all this stir to support it. Seventhly, Many of the Officers and souldiers are so convinced in their Consciences that this kingdome is quite contrary to the things they engaged for; that there is not one in five, that will strike a blow to maintain it, if it should be put to a decision that way; so that I am perswaded it is very crasie and will not continue long.

Tim.

I must confesse that when I consider of these things, it puts me into a grievous agony, so that my bowels are pained, and my heart trembleth, and my bones shake at the very thoughts of an alteration: Alas, alas! what will become of my dear Master, when his Kingdome is weighed in the Ballance and found to light? who will have the fine Houses, the brave Parkes, the pleasant Fields and delightfull gardens, that we have possessed without any right, and built at other mens cost, who shall enjoy the delight of the new Rivers and Ponds at Hampton Court, whose making cost vast sums of money, and who shall chase the game in the Hare-warren, that my dear Master hath inclosed for his own use, and for ours also that are time-servers? Oh how shall we be able to see our pleasant things taken from us, to be imployed to better uses & all our pleasant songs turned in to mourning, & in Whitehall shall found no more the Trumpet, Harp, Lute and Organ, besides other instruments of Musick in which we took much delight; those will then be taken from us, and our brave Vellory of singing Birds will be despised amongst the Commons; because it was built at their great charges, and all our male dear Does and Prickets will then be meat for Velder mouths; What cause shall we have to curse our Court Chaplines, which sewed pillows of security under our arms, as if we should never be moved? who made us believe that God had made an everlasting Covenant with us ordered in all things and sure: and that our exaltation was no humane contrivance, but the good pleasure of God, which said they brought us to this dignity, and that no instrument formed against us should prosper, but we should long enjoy the works of our hands, and alwayes rancked us amongst the Saints, as Edition: current; Page: [7-328a] if we had been really godly; and as they tickled our ears with these sayings, even so the Confectioners with their sweet meats, and delicious Wines did please our pallates; besides all our other dainty dishes, fitly composed for carrousing gallants, and dainty Ladies: Oh what will become of this courtly brood, when a Common-wealth will be in fashion? and a Parliament to call all our actions into question? how shall we answer one action of a thousand? Oh, misery to think? and grief to consider our condition: the earth will shake at the sound of our fall, and few will bewaile our sad disaster, and one thing that troubleth me more than all the rest, which is this, that if I should alter my course, and change my name from Time-server to Reformation, yet none will believe me, because I have betrayed the dear purchased liberties of my Country, into the hand of an Usurper; and broke all my Engagements, performed none of my promises; and when good men were sent to prison, I have given my voice against them; so that I am exceedingly afraid, that all my feigned tears and long prayers, frequent Fastings, solemn Oaths, large promises will signifie but very little; because we Time-servers gilded over all our unrighteous actions with such lovely things, by which we have oft deceived the good meaning people; so that being once discovered we are quite undone; for doubtlesse the same measure that we have made to others, will be made to us, even to be cut up from cumbling the ground: And thus I have discovered my fears to you, and I pray make a good construction.

Plain.

Sir, you have made a very large complaint, and I must tell you, the thing you fear will doubtlesse come upon you; for the wicked will be snared in the works of their own hands, Psal. 9. 16. and taken in their own counsels, & the cup which they have filled to others shalbe doubled to them, to the exceeding joy of the righteous, the very thoughts whereof maketh my heart to leap for joy, that the house of the wicked shalbe overthrown, but the tabernacle of the upright shall flourish, Prov. 14. 11. and then shall I and my brother Sincerity have our mouths filled with praise; when the captives shall be released with honour, even them which suffer for bearing testimony against your great Masters wickednes: Oh, the sweet peace of a good conscience, which is a continuall feast, its liberty in prison, its joy in adversity, life in death; therefore lift up your heads you prisoners of hope, for the day of Redemption is near, and then shall that word be verified, that the rod of the wicked shall not alwayes rest upon the back of the righteous; and though your great Master may oppresse for a time, yet he shall come to his end and none shall help him: This is the portion of a wicked man with God, and the heritage of oppressors, which they shall receive of the almighty, if his children be multiplied, it is for the sword, and his off spring shall not be satisfied with bread, though he heap up silver as the dust, and prepare raiment as Edition: current; Page: [7-328b] the clay: he may prepare it, but the just shall put it on, and the innocent shall devide the silver: Men shal clap their hands at him, and hisse him out of his place, Job 27. 13. to the 23. The righteous shall see this and be glad, but the wicked shall tremble and quake, when this great mans hypocrisie shall be fully laid open and detected, and his secret designes and his subtill contrivances to vassellize the people shall be obvious to every eye, and every fowle shall call for his feather, which he hath plucked from them by violence, to adorn that despicable brood of vain Courtiers: and then all the time-servers will mourn, weep and howle, for anguish of spirit, when they shall fall under sequestration; glory be to Jehovab, that will bring down the mighty from their seats, and exalt the humble and meek, even so let all thine enemies perish oh God.

Tim.

Sir, I can no longer stay, for my heart is sick, and my head is heavy with the thoughts of these things; and I have nothing to comfort me but this hope, that I shall go to my grave in peace before the evill day come, and so farewell.

Plain.

If you or your Master go to your grave in peace, then God hath not spoken by me: And so I take my leave, and remain an enemy to your Court, but a friend to the Common-wealth.

Finis.

POSTCRIT.

Let none take an offence because the word Highnesse is used in this short Tract, for it onely is when Time-server speaketh, whose proper phrase of speech it is, and onely such do delight to give flattering Titiles to men. And this may suffice to satisfie the impartiall Reader.

An Apendix to the preceding Treatise, by which the Nation may see what they expect from their new Courtiers: For doubtlesse, the disease which is begun in the remote parts of this great body, will in time spread it self into the very Heart and Head of the Common-wealth or Nation; for so it was not long since in the West of England.

First, that an honest man being a law with one for a just debt, to the value of six score pounds, his Adversary making application to Major Gen. Disborrow, the said Major Gen. sent for the Plaintive, who when he came was commanded to desist his suit; the honest man replied, he could not do it, without wronging himself and family; to whom the Major Gen. said, that he was a perverse fellow; and he should go on with his suit this seven year if he would, but he would promise him, he should never do good in it: and forthwith demanded a particular of his Estate, notwithstanding the man was not within the qualifications of his Instructions, nor was ever an enemy Edition: current; Page: [7-329] to the Parliament; and although his estate was not above 40l. per an. yet this Disborow was so mercilesse, as to Fine him ten pound by the year to the Protector (so called) his use; a Commissioner which sate with Disborow, being asked whether this was justice? he replyed it was hard measure; and if the poore man would refer it, he would undertake to get off his Fine, which the poor man was forced to consent unto, though to his great dammage.

Another piece of injustice, as bad as the former, was; That there being one of the late Kings party called before this Disborow, the man was asked, whether he would desist a suit which he had in law against one who had made Disborow his friend, which suit was for the value of four or five hundred pound? the man said, that they might, if they would, by the same rule, take all that he had; upon which saying without any more ado, this Disborow with the rest of these new made Commissioners, Fined the man 30l. by the year to the Protect. though the mans estate was not 100l. by the year: the man being astonished at this tyrannical decree, and not being able to discharge his Fine, was forced to desist his suit, and then his Lordship took him off 20. pound by the year, of his Fine; and now he pays but ten. A third piece of this new kinde of justice, that the said Disborow did, was, That a certain man, whom I could name, had a suit at law, for a sum of money but out of his purse, was at the instance of his Adversary sent for before Disborow, and forcibly brought by the mercenary souldiers, and was kept in custedy till he had condescended to their unreasonable determinations, which was to take onely his [Editor: illegible word] money, with the lose of the use and charges, which was much by reason of the long forbearance, and a chargable suit at law; but the man at first refusing to submit to their corrupt wils: Disborow against the poore mans will granted the defendant a reference, and put it two Gentlemen to determine the businesse, which determination was this, either to take the old debt without use or charge, or be sent beyond the seas, either to [Editor: illegible word] or some other place: the poore man being unwilling to be banished his native Country, was forced to abide their Award. A fourth piece of the new justice which Disborow did, was upon a Gentleman in the West, who being summoned before the Court creatures, or new created Commissioners in the west parts, who being forced before them, he was bold to ask them by what stature they did what they did to him? and was for but asking that honest question, fined 200l. by the year; but upon his submission had all taken off, except 60l. by the year, which the poor Gentleman must pay, to maintain a Militia force to so make himself and his country slaves: by all which instead of many more like instance of tyranny; you may see now the poore people of England are fairely delivered from being subject to a Parliament of their own chusing, to be slaves to Comwell and his creatures, which God nor man did never set over this Nation.

Finis.

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John Lilburne

Lilburne, John

16 May 1656

27.

7.27 John Lilburne, The Resurrection of John Lilburne (16 May 1656).

Editor’s Introduction

(Placeholder: Text will be added later.)

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THE RESURRECTION OF John Lilburne, &c.

HAving many and strong compulsions, from the measure of the light of the Lord now shining clearly within me, and raised up now to a good degree of life and power in my soul, to make a publike declaration in print, of my reall owning, and now living in, (in my present attained to measure) the life and power of those divine and heavenly principles, prosessed by those spirituallized people called Quakers; at my owning of which, all my old and familliar friends (in a manner) are so much troubled and offended with me for, and my great adversaries so jealous of the reall intentions of my heart within me, at my so doing, and by that measure of the Light of JESUS shining in my soul, I am now directed and guided to intitle it as aforesaid, and here at this place (as an introduction, before I come to the main thing of that which through the strength of God I have now to say) to insert here the copies of the very two first Letters, that ever I writ of note, after the great and glorious power of God had seized upon my soul, to let in the real beginnings of convincement into my soul, of my spiritual blindness, deadness and emptiness, and by which I came to see a clear glimps of that spiritual fulness that was, and really is, in the divine and heavenly declared principles of the aforesaid precious people: The first Letter being to my wife, take in these following words.

John Lilbvrne

Lilbvrne, John

4 th. day of the 10 th. moneth, 1655.

Elisabeth Lilbvrne

Lilbvrne, Elisabeth

Dover-Castle the fourth day of the tenth moneth, 1655.

For my deer and loving wife Elizabeth Lilburn, at her friend George Wades (house) a Cook, at the Sign of the Sun neer Guild-Hall, and Lawrence Lanes end in London, these with speed deliver.

My dear heart,

WHat in a great measure my temper of spirit was before thy coming to me, I in its measure communicated unto thee, by the copy Edition: current; Page: [7-332a] of my letter to Luke Howard, which I have here inclosed thee at thy leisure to peruse: And what distemperedness my earthly spirit was in, at, and towards thee, at thy and my last meeting upon Saturday, the tenth of November last, I need not to repeat unto thee, being (I beleeve) it is fresh enough in thy own memory.

And the frame of my heart, after thy reconciliation and mine (so far as God hath given me the spirit of discerning, and searching it) I in no small proportion in reallity discovered to thee.

And since my departue (upon VVednesday the 21. of November last) setting my self seriously to a deep and weighty consideration of that work that my soul longed for a new to be a travelling in; And giving fulness of scope to that divine and heavenly voice of God speaking plainly in my heart, unto which I am truly able to set my seal to, that it is that spirit, or power of the Holy Ghost, or true Comforter, spoken of Joh. 16. 7. 8. that convinceth, or reproveth the world, or the carnal, or first, or fallen nature in me, of sin, and of righteousness, and of judgement, and is that eternal and everlasting spirit of truth, that (imbraced and closed with) leads my soul by its divine and strong power, or attractive drawings, step by step in its measure and degree into truth, and in my heavenly fathers good time, I doubt not but it will establish and build me up in truth, Iob. 16. 13. and mould me into a real conformity in life and power (in real and substantial injoyment) to the wayes of truth, of light, and life, be they never so difficult to the flesh, carnal man, or fallen, or first nature in me, or never so full of the cross, or self-denyall, or giving up my own reason, understanding, will, wisdom, and affections, to be crossed and crucified by the Will and Wisdom of JESUS, the annoyated above measure of the Father, and to be guided or led on by him the living life, light, or power in all the sons of men, that have the greatest degree, or least of sparks of divine or heavenly light, shining within their dark, (in their small degree or measure) or inlightned, inlivened souls, in their larger degree or measure.

I have, since I see thee, read extraordinary much of those two volumes which I shewed thee, containing both almost seventeen hundred pages, of the writings of those preciousest (though most contemptible) people called quakers; the truly beloved objects of my soul. And this at present, (because I rather now heartily desire to live in the possession, power, or life of truth in my soul, then in the bare profession, notion, or talk of it) I shall, and can in sincerity say to thee, that my soul hath been amazed, and even confounded by them; not as Herod by Iohn Baptist preachings was, for fear of eternal wrath (or loss of his Tetrarch-ship by, or) for his sins, which to avoid made him reform, and amend many things, Mark 6. 20. but of real breakings, or shame of soul, that so glorious a Talent, as my Lord and Master (by the clear, lively, and powerfull breakings in of his divine and heavenly light into my heart) long, and many yeers ago bestowed upon me, should by me (or my first, and carnal wisdom) be most ungratefully, and unfaithfully, like a lighted Edition: current; Page: [7-332b] candle put under a bushel, or hid, or buried in the earth in me, in obscurity and darkness: Or, that my soul should by the will and wisdom of the first nature, ambitiously (Adam-like) eat anew upon the tree of Knowledge of good and evill, and thereby covet to be esteemed something amongst the sons of men, (more then the Divine Wisdom would have me) with that measure or degree I had attained to; and therewith be with it (like the unbelieving Jews, the type in the flesh) or the first (or mean in its degree or measure, to what I ought to have thirsted after) out-goings of the divine and heavenly teaching, and instructing spirit, or voice of God in, or unto my soul, willing and content to sit down in the wilderness, or journeying way to Canaan; and not with precious Ioshua and Caleb (the spiritual anti-types in that particular, or in another particular, the outward types, of the spiritual travelling anti-types, the seed of God under the Gospel, into Gods spiritual rest in himself) be willing, longing, and desirous, by faith in the strength of Cod, (resting as the old Israelites after the flesh ought to have done, in his faithfull and powerfull promise of carrying me on) through all difficulties, self-denyals, crosses, and hardships whatsoever; to travell into the spiritual Kingdom, or heavenly Land of Rest, that God in the naked injoyment of himself hath prepared for (and at this very day I beleeve hath experimentally and really bestowed the clear injoyment of, upon man, of) his Ransomed ones, contemptibly and scornfully called quakers.

I say unto thee, the real (and close applyed home unto my soul by the spirit and power of life from God, that now aloud again speaks within me) consideration of the premises, or that which is foregoing, and that people afar off, (yea, ignorant ideats, fools and prophane* ones) in comparison of my being so nigh at hand so many yeers ago, to the clear and full possession of the spiritual Land of Canaan, should enter into the glorious Kingdom of God, or that clearness of Rest, Peace and Union in, and with him, that now clearly to my spiritual understanding they injoy, and there bring forth the ripe fruits of spiritual old age in comparison of me, of Praises, Honor, and Glory to the Lamb: and to the ancient of Dayes, that clearly sits upon the Throne in their hearts, as having judged down, conquered, and overcome, within them, all their sinns or spiritual enemies, and caused them to triumph over them, as in his strength, divine and heavenly power, reigning and ruling as King and Lord over them.

O, I say unto thee again, the real sight (in its measure and degree) and spiritual consideration of these things, since I last see thee, for divers hours in several nights, one after another, when my God denied sleep unto my outward eyes, and caused my soul to be awake with himselfe, and to be really exercised in an interchange of Divine conference, contemplation or parley with him, hath even caused my soul to weep, sigh, and mourn within me before him, and in his strength and almighty power to indent with him, and now in good earnest to ingage in my soul, or spiritual man, to be obedient to his heavenly and divine voyce, speaking Edition: current; Page: [7-333a] clearly in me, and to follow him (least I should now, by any longer resistance, totally quench his divine drawings, through the denyall of my own (or naturall reason) will, wit, wisdom, desires and affections; with a real weanedness from worldly or fleshly honor, applause, glory, riches, or creature-fulness, yea, even to a final denyal of father, kindred, friends, my sweet and dearly beloved (by me) babes, or thy own self, who viz. thy self, for many yeers by past, I must avow it before the Almighty in sincerity and truth, hath been to me the greatest and dearest of all earthly delights and joyes.

And now therefore look about thee in good earnest, and see what thou hast got to thy self, as to the flesh, by thy eager desires, and strong indeavours to bring me back again into England; for the day of thy real, strong, and full temptation and triall, never came upon thee till now, if God give thee not by degrees the fulness and compleatness of spiritual and heavenly strength and ability to bear it and go through it. For my part I am now in reallity and truth, in the clearly, lively, or evident seeing of the wisdom, and loving hand of a tender and indeared eternal Father, in stripping me naked of all earthly and created excellencies, and taking my outward estate and profitable imployments, and all my worldly glory from me, and graciously, and supportingly leading me through the valley of Naca, Psal. 84 6. or Tears, outward Dangers, and Death, for now almost four yeers together, and separating from me for a long time, that wonted delight that used to be betwixt thee (my old and real Idoll) and me; and at my coming to this place, clearly unrobeing me of all and every one of my old Friends, and familiar Acquaintance, that were any way fit, or able to do any thing for me; and therby hedging up my way, that I must, whether I wil or ne, in spite of my teeth, once again give ear to the serious and plain voice, call, or counsel of the Most High, speaking in, and unto my soul.

And so in much mercy and indeared loving kindness, as he did in my great straits in the Bishops time, provided and sent unto me a poor disspised (yet understanding) Priscilla, to instruct me in, or expound unto me by way of God more fully, or perfectly; (whom I am compell’d now to tell thee, I shall love and respect therefore, the longest day I live upon the earth, let her continue by whomsoever to be judged never so rigid or contemptible) so here at this place he hath also provided for me an Apple (being a contemptible yet understanding, spiritually, knowing, & single hearted Shoomaker) to do the same now to my spiritual, & no small advantage, refreshment, & benefit, by means of all which I am at present becom dead to my former busling actings in the world, & now stand ready with the devout Centurion or captain, spoken of Act. 10. to hear and obey all things that the lively voice of God speaking in my soul shal require of me, upon the further manifestation of whose glorius presence, my heart with a watching fear and care desires to wait, & to walk faithfully, and tenderly, and humbly in that measure of Light already received; and out of the strength of indearedness of love, and tenderness Edition: current; Page: [7-333b] of affection, that hath long in times by-past, dwelt in me toward thee and of late in much sincerity is renewed unto thee again; I have with the same eternal, wel-wishing of thy spiritual happiness, as I do my own ordered Giles Calvert to send unto thee several of those printed pieces of the quakers, that in the serious reading of which have been most convincingly, instructive unto my soul; amongst which I have judged in the first place Iames Naylor (that strong, or tall man in Christ) his Something in answer unto (thy and my indeared friend) John Jackson (that tall Cedar in great profession of Religion) his book called, Strength in weakness, (which book the last Post I received from thee) in the reading of which piece of Iames Naylors, I must set my seal to it, that there goes along in the breathings out of it a great deal of the quickning life & power of the spirit of God, & unto it are annexed several pieces of that precious and divine soul, VVilliam Deusbury, the Lords now, or late glorious prisoner, in Northampton common goal, (to whose precious and heavenly spirit, although I never see his face, mine indearedness of love is glued unto) whose book is called, The discovery of the great enmity of the Serpent against the Seed of the woman, and his discovery of mans return, have been pieces in my reading of them seriously, that by the power of the Almighty hath spoken home to my soul I have ordered to be annexed unto them (as I remember) as many as makes them ten in number; and then twelve more in another volume principally for answering Objections, I have ordered to be sent unto thee, which I hope thou wilt receive (before this come to thee) found up in that method that J have directed.

And now my dear love, for whom my soul travells with God for thy eternal good, with the same sincere heartedness as for my own, hoping that thy late out-fall and mine was but for a set season, that so as divine Paul in another sense speaks, Phil. 15. thy reconciliation and mine again might raw remain firm in love for ever.

I therefore earnestly intreat thee, not to much cumber thy self in thy toilings and journeyings for my outward liberty, but sit down a little, and behold the great salvation of the Lord; and if by any means possible thy spirit can be made free to it, retire thy self but for one week, or the like, into thy own chamber (as being sequestred from all thy friends & acquaintance) and with as much seriousness and deliberation read this, and the forementioned precious books, with the letter that thy & my indeared, spiritual, & faithful friend, Luke Howard, yesterday sent unto thee (as the real out-goings of the measure of the spirit of God in his heart towards thee) as I have often and deliberately read thy last Post-letter to me, Dated at VVhite-Hall, upon Wedneseday the 28. of November last, and often wept for joy and gladness of heart, at that thy honest exhortation to me, at the last end of it in these words, viz. My Dear, Retain a sober patient spirit within thee, which I am confident thou shalt see shall be of more force to recover thee, then all thy keen mettal hath been; I hope God is a doing a work upon thee and me too, as shall make us study our selves more then we have done.

Edition: current; Page: [7-334a]

O my dear Love, I am deeply already entred into my part of it: The mighty power of God inable thee to get in too, and also to go through thine, and effectually to go cheerfully & willingly along hand in hand with me, which abundantly would render thee more amiable, lovely, and pleasant in mine eyes, although thou wert then clothed in rags, then thou couldst be to me in thy drawings back, or standing still where thou wast when I last see thee, though therein thou wert clothed all over with rich, and outwardly glistering earthly Diamonds; and in the greatest of earthly prosperities.

I am sorry for that hard portion thou tell’st me thou hadst in going from me, in thy dangerous travelling upon the Thames, and I desire to bless God for thy deliverance from so nigh a death.

I am also sorry thou art so straightly put to it for money, but to live upon God by faith in the depth of straights, is the lively condition of a Christian: O that thy spirit could attain unto it!

According to thy desire in thy Letter, and my own present genius or frame of Spirit (which now can contentedly feed savourily upon bread and cheese, and Small-Beer alone) for saving of money. I have discharged my old Nurse, and borrowed 10. s. to give her to carry her towards her husband, and by her have I sent these lines to deliver to thine own hands.

Of which, poor ignorant soul, I must say this to thee in truth, that although the woman, in my clear understanding, be but wholly in the first nature of fallen man-kinde, yet she hath been in the hand of God, an instrument of much service, (honesty performed) faithfulness, and tender compassion to me, in the day of the greatest and unparalelled extremity of my outward desires in the Isle of Jersey, for which, in her station, I must value her as long as I live, and if ever outward prosperity in any competent degree be my portion, really requite her; therefore I expect from thee, if the have occasion to use thee, that thou beest tender and respectful to her for my sake.

And for my Liberty, about which thou so weariest and spendest thy self and earthly strength, as thy Letter acquaints me with thou dost, I can say no more to thee then what was contained in my Letter, directed to thee, and Dated Nov. 21. last, (which I gave here to thy own hands) but that I am in my present temper of spirit, ready really with Peter at the sight of the glorious transfiguration of Christ, to say, its good being here (for me) for here in Dover Castle, through the loving kindness of God, I have met with a more clear, plain, and evident knowledge of God, and my self, and his gracious out goings to my soul, then ever I had in all my life time, not excepting my glorying and rejoyeing condition under the Bishops, and now the pangs and travelling throes of God are powerfully afresh upon my very heart, and therefore now in my own will, I could rather wish thee and my sweet Lambs to be with me here, then I at present with thee and them where thou art, yet submissively and heartily I say, and can say, the Will of my heavenly Edition: current; Page: [7-334b] Father be done in me, by me, and for me; in whose Will I leave thee and thine, with all thy and my friends, and rest,

From Dover-Castle, the place of the
present injoyed delightfull dispensations
of the eternal, everlasting
love of God unto my soul, the

4 th. day of the 10 th. moneth, 1655.

Thine in the strength of
renewedness of
true love,

John Lilburn

Iohn Lilburn

Lilburn, Iohn

4. day of the 10. moneth, 1655.

The forementioned second Letter, take in these following words.

Dover-Castle, the fifth day of the tenth month, 1655.

For my indeared Friend, William Harding (commonly called Mayor) at Weymouth in Dorcetshire, these deliver.

Kinde Friend,

SInce my arrival here, I have often been desirous in my own spirit, at large to have writ to thee, but hitherto by a power above me, I have been hindered, and yet am, as to the particular aforesaid, onely now I thought it not only convenient to acquaint thee, but am thereunto compelled to tell thee, that meeting here with one of those precious people called quakers, (of which people thee and I at the Isle of Iersey had much talk of) and getting into my hands two volumes of their printed papers, amounting to about seventeen hundred pages, I have with serious of discourse, and seriousness reading therein, been knock’d down off, or from my former legs, or standing; and giving scope to my true teacher and guide, the light of God speaking in my soul, I am become at present, dead to my fallen, or first natures reason, wit, wisdom and desires; and also totally become dead to my old busling wayes in the flesh, and now in a great degree or measure, am struct down dead to the very earth within me, and by that Light which gloriously within my soul hath shined round about my first, or corrupt nature within me, I am like Paul, with astonishment and mazement, Act. 9. fallen down flat at the feet of Jesus, and hearing a voice speaking within me, to perswade me for my good and benefit, to become willing to be guided and directed by the heavenly wisdom of Jesus my annointed; I have thereupon given up my self wholly to be guided by his Divine reachings shining within me, before which I now stand ready to give ear to what by it shall be told me, being willing and desirous to have the seales fall further from the blinde eyes of my soul, that they may be further opened, and that a power there with may come in to my soul from the Holy Ghost, which may inable me in the strength there of, to redeem my lost, and misspent by-past precious time, and not now to consult with flesh and blood in Edition: current; Page: [7-335a] my daily taking up the Cross of Christ, and following him whithersoever he shall by his call, or heavenly Divine voice within me, lead me.

I say, I am compelled from a power within me, at this present time, in brief to tell thee these things, and to require thee from God, to give ear to that true convincing light, that clearly speaks in thy conscience, and by the assistance thereof to strive with the first, or fallen nature yet ruling in thy soul, and lay aside that greatness of wit and earthly wisdom that thou hast attained to, and in that measure of Light that long since thou hast received, withdraw into thy private Closet, and seriously meditate upon these brief lines. And being thou in my late conversing with thee, told me, thou hadst read, or hadst sent me down from London most of the Quakers Books; Let me in love to thy soul, earnestly intreat thee, with seriousness to read over (strong and call in Christ) Iames Nayler, his sheet of paper, intitled, Something further in answer to John Jacksons book, called, Strength in weakness; (which Iohn Iackson is my indeared friend, and old and long acquaintance, and a greater professor of Religion now, then ever thou thy self in all thy zeal once was; therefore in him thou mayest plainly read thy own condition) and that precious prisoner of the Lords in Northampton Goal, VVilliam Dewsbury, his two books, the first and excellentest of which is called, The discovery of the great enmity of the serpent against the seed of the woman: & his other book is intituled, The discovery of mans Return: and the Lord by his almighty power set them home to thy soul. I heartily desire to return thee my hearty thanks for all thy kindness and tenderness manifested to me at Jersey, in our passage from thence, and at thy own house: so with my hearty salutations presented to thee, and all thy friends that were with me at thy house at Weymouth. I desire to let thee know, that by my moral, honest, carefull, and industrious old Nurse Elizabeth Crome (who by reason of shortness of money with me, I am forced and compelled to part with) I have writ thee a few lines in her behalf, intreating thy countenance and favourable respect to the old (and real serviceable to me in my great distress in Jersey) woman; in case in things that are just and righteous before God, she desire thy favour, and what thee, or thy friend and mine, Edward (commonly called Lievtenant) Tucker, in that particular doth for her, I shal thankfully look upon as actions done to thy souls

From Dover-Castle, being a place
wherein God hath more clearly
then ever before, opened
the eyes of my understanding,
the

4. day of the 10. moneth, 1655.

Faithful, hearty, and real
wel-wishing friend,

Iohn Lilburn.

Edition: current; Page: [7-335b]

With which fore-mentioned main or principal thing that I have now to say, I thus proceed, and go on with it; & here in the especial presence of the Lord declare, that by that present measure of light now born up in my understanding, and moving in my soul at this very time, I am here compelled to let the Reader (whosoever he be) to know, that as I have long understood from my wife the original of my fore-going Letter to her, she conveyed to the hands of Oliver Cromwel himself, and at his Son-in-Law’s desire, Charls Fleetwood (my old, and somtimes much familiar greatly obliged friend) gave him a copy of it, and notwithstanding the clear declarations of a sincere (changed in measure) heart in the said Letter, at the penning of which, I had then lost all manner of ability to consult with one grain of Machivel, or humane deceitful policy, having then the very dreadful, and aweful, immediate, convincing, judging, and burning up power of God upon my soul; yet upon my said writing, and my wifes disposing, as aforesaid, of my said Letter, many and great jealousies arise upon me at VVhite-hall, at the strange politick contrivance of my (largely reputed by them) politique heart in my turning quaker, (of which I had several wayes exact information) which it seems out of humane fear, took that powerful impression upon my poor weak wife, as that, as I judged by her Letters to me, troubled the poor afflicted Woman at the very heart, and compelled her by writing in a vehement manner, to press me to sign such an ingagement as George Fox did, (the Copy of which I have seen and read) and sent it up to Oliver Cromwel to secure him from his pretended fears of my politick indeavouring to draw the temporal sword against him; unto which for many reasons having then no manner of freedom in the earth to do it (George Fox though even then a precious man in my eyes, his particular actions being no rules for me to walk by, unless I lived in the very same life and power of Spiritual injoyments that he did, and had the very self-same motions in spirit from God, that led him to a freedom and ability to do such, and the like particular actions) I therefore then ceased it, and did it not; and if I had then done it for my own particular human ends, as to avoid further persecution, and the like, I had in so doing been an outside pharisaical imitator, and the greatest and basest of hypocrites, which sin alone is the height of Godsa abhorrance, for although I must before the Lord now truly avow, that the said Letter was a true and faithful (without fraud or guile) declaration of as real and spirituall a power of God in its measure, seising upon my soul, for my conviction of my spiritual blindness and sinfulness, as ever seized upon Paul, declared in the 9 of the Acts, or any mans that ever breathed upon earth, yet betwixt the Winter-storms and fierce tempests of conviction, (or rather the beginning of it) and the pleasant Sunshine, dews, and springing days of growth into a measure of refreshment, there is a vast difference; and therefore then the true occasion, or real ground of all outward war and humane busling contest being not taken away, or absolutely crucified or subdued at the very Root in my soul, if then I had signed such an engagement, Edition: current; Page: [7-336a] I had clearly gone beyond my souls then living and real attainments, and thereby ran presumptuously and wickedly beyond my measure, and so had tempted the Lord my then present Leader, and spiritual guide, and abominably sinned against him.

But now in my already attained growing up measure, having the experimental witness of God within myb self, that I am already truly and really attained, in substantial, and witnessed within me, real truth, with the young men in Christ, spoken of by the Apostlec John, to a good measure or degree, in overcoming the wicked one within me, so that now I am able to witness in truth and righteousnes, that the true grounds or reall occasions of all outward wars, and all carnal buslings, and all fleshly strivings within me, is in a very large measure, or degree, become dead or crucified within me: wch true grounds & real occasions, of all the outward iron and steel sword war in the world, and all the wicked and fleshly fore-runners of it and dependants upon it, truly riseth from its fountain, the raging power of sin, or lust within, in carnal, and unregenerated, unsanctified, and unjustied (before God) mens hearts, as is plainly & truly witnessed by the apostled James in these words, From whence comes wars and fightings among you? come they not hence, even of your lusts, that war in your members? ye lust, and have not; ye kill, and desire to have, and cannot obtain; ye fight and war, yet ye have not, because ye ask not. Ye ask, and receive not, because ye ask amiss that you may consume it upon your lusts. Ye Adulterers and Adulteresses, know you not that the friendship of the world is enmity with God: whosoever therefore will be a friend to the world (that spiritual Kingdom of Satan in unsanctified mens souls) is the enemy of God.

And therefore Christ, the true Lord of the soul, and the true Head-Master, and King of that heavenly spiritual kingdome (as the Devil or Prince of the air, is the Head-Master, King, or God of the Kingdom of this world, in the hearts of the children of unsanctified, and unjustified, disobediente men) that he hath provided for all redeemed, sanctified, justified and righteousf souls, declares at his very answer before Pilate for his life, and saith, My Kingdome is not of this world, if my kingdom were of this world, then would my servants fight that I should not be delivered to the Jews; but now is my kingdom not fromg hence; and therefore it was when Judas betrayed this spiritual King, Christ, into the hands of his murdering enemies; and that his servant Simonh Peter stretched out his hand, and drew his sword, and stroke a servant of the High Priests, and smote off his ear; that this spiritual King, Lord and Master, cured the wounded man, although he was hisi enemy, & commanded his servant Peter to put up his sword again in his place, further saying to him, For all they that take the Sword [mark it well] shall perish with thek Sword: Thinkest thou that I cannot now pray to my Father, and he shall presently give me more then twelvel Legions of Angells. And therefore all the whole Laws of his inward and spiritual Kingdome, are made in quite opposition against the Laws of the meet glorious out-side kingdoms of the God and Prince of this world; unto which two Masters, or Edition: current; Page: [7-336b] Kings, or Law-givers, it is impossible for any men in the world, or upon this globy earth, to be a servant to them hath, at one and the samem time, but he that commits sin is the servant of sin, and so the servant of then devil; and he that is the servant of sin, is free from Righteousness, and so from being a servant or subject untoo Christ: And therefore the Spirit of Christ, this spiritual inside King, dwelling in the Apostle Paul, declares, that there is no fellowship betwixt righteousness and unrighteousness, nor no communion betwixt light and darkness, nor no concord betwixt Christ and Belial, nor no harmony betwixt the true believer (that knowsp God) and the infidel, (and such are all they that truly knows notq God) and there he further demands, what agreement hath the Temple of God with Idols? for ye are (saith he to the true knowers of God in Corinth) the temple of the living God, as God hathr said, I will dwel in them, and walk in them, and I wil be their God, and they shall be my people, wherefore come out from among them, and be yes separate saith the Lord, and touch not (mark it well) the unclean thing, and I will receive you, and will be a Father untot you, and ye shall be my Sons and Daughters saith the Lordu Almighty. And therefore it is, that the very same Divine Spirit that dwells in this Spirituall King Jesus, speaking in the Apostle Iohn, requires all his Spirituall and true Subjects, not to love the world, neither the things that are in the world, for, if any man love the world, (that Kingdom of Satan the Prince of Darkness, as) the lusts of the flesh, the lust of the eyes, and the pride of life, is not of the Father, but is of the world; and the world (and the vanities and empty pleasures of it) passeth away, and the lusts thereof; but he that doth the will of God abideth forw ever.

Yea, the contrariety is so great betwixt the foresaid two Kings and Masters, that whatsoever in the King, or Ruler in the Kingdom of the world, (or falne, or unrenewed man) and the Subjects thereof, is esteemed highly or excellent, is an abomination in the sight ofx God: And therefore this spiritual King having purchased all his Subjects and Servants with a glorious price, (as the greatest demonstration of love) of his own blood, by his spiritual Command requires them not to be the servants ofy men, but to glorifie him both in body andz soul; and therefore his grown up servant Paul, declares himself to be no man-pleaser, avowing himself, that if he were a man-pleaser, he should, nor could not be the servant of Christ.

And therefore the same apostle, by the infallible spirit of the Lord, requires the spiritual Subjects of this spiritual King Jesus, to present their bodies a living sacrifice, holy, acceptable unto God, which (saith he) is your reasonable service; and he not conformed to this world (the kingdome of the Prince of darkness) but he ye transformed by the renewing of your mind, that you may prove what is that good, and acceptable and perfect wil ofa God; & therfore when any man once becomes a spiritual subject of this spiritual King Christ, and dwells in him, he becomes a new creature, & old things in him are past away, & all things in him are becomeb new, spiritual & savory, yea even his very thoughts & his words Edition: current; Page: [7-337a] are found few and divine, his behaviour righteous and solid, his deeds upright, and free like God from all respect of persons:c and although there be such a perfect and absolute contrariety betwixt all the laws & constitutions of these two Kings or Masters, and a continuall and perpetuall war betwixt the Subjects thereof, yet the weapons of the warfare of Christs Spiritual, Heavenly, and glorious Kingdom, handled and used by his Servants and true Subjects, who although they do walk in the flesh, yet do they not war after the flesh, and therefore their weapons of warfare are not carnall, but mighty through God, to the pulling down of strong holds, casting down imaginations, and every high thing that exalteth it self against the knowledge of God, and bringeth into captivity every thought to the obedience ofd Christ: The Armour of Proof of these Spiritual warning Subjects and Souldiers of this spiritual glorious King, is to have their loynes girt about with truth, & having on them the Brest-plate of righteousness, and their feet shod with the preparation of the Gospel of peace; above all, taking the Shield of Faith, wherewith they shall be able to quench the fiery-darts of the wicked, and taking the Helmet of Salvation, and the Sword of the Spirit, which is the word ofe God; which Spiritual Sword, or Word of God, is quick and powerful, and sharper then any two edged Sword, piercing, even to the dividing asunder of soul and spirit, and of the joints and marrow, and is a discerner of the thoughts and intents of the heart; neither is there any creature that is not manifest in his sight, who is this Spiritual sharp Sword, or eternall and everlasting Word of God that indures for ever; but all things are naked and opened to the eyes of him with whom we have tof do. With which Spirituall Sword this spiritual conquering Lord and King, pricked and wounded to the very heart three thousand of his enemies at once, by the Ministration of his single Spiritual Souldier, the Apostle Peter, which made them bitterly to cry out for a Plaister, and a Physician to heal and cureg them: which spiritual Sword is the only and alone weapon that this glorious, conquering, spiritual King useth to fight with all against all enemies, the powers of the Prince of Darkness of this world; and with which only and alone he conquereth andh overcometh carnal Weapons of any kinde whatsoever, having no place, not being of no use at all in his spiritual Kingdom, for his Subjects are to love their enemies, to do good unto their haters, and to resist or require their evill withi good, and to dwell in love towards all men, as the God of love himself dwells ink love, and to be holy as God isl holy, and perfect as he ism perfect, and therefore not in the least to draw temporal weapons against their enemies; for among the true and real Saints of the Lord in the mountain of the Lord, where the Lord himself is the inward and soul-teacher and instructer of his people and Subjects in his own waies; there all the temporal swords are to be beat into plowshares, and their earthly spears into pruning-hooks, & no more using of carnal swords, or so much as learning of earthly war, is to be exercised amongstn them, but they are to walk in the pure, holy, & peaceable light of the Edition: current; Page: [7-337b] Lord, which shal & wil lead the sanctified, justified and redeemed soul to advancement, or set up the innocent, harmless, peaceable lamb-like nature, or seed of Christ, to become Lord and King in the heart, of, and over the Lyon like warring; devouring, and destroying wicked nature of the serpent, the devil, & satan, within man, yea in the Gospel-mount of God, or the spiritual kingdom of Christ (under the Gospel-dispensation) the habitation of the true Saint of God; The wolf shal dwel with the lamb, and the leopard shal ly down with the kid, & the calf, & the young lyon, & the fatling together, & a little child shal lead them. And the cow and the bear shal feed, their young ones shall lye down together. And the lyon shall eat straw like the oxe, and the sucking child shall play on the hole of the asp, and the weaned child shall put his hand on the Cockatrice Den. They shall not hurt nor destroy in all my holyo mountain, faith God; For the earth shall be full of the Knowledge of the Lord, as the waters cover the Sea. Yea, they shall be far fromp Oppression: Yea, and violence shall no more be heard in the Land; (of the spirituall Kingdom, inhabited by the spirituall subjects, or true Saints of Christ, nor) wasting, nor destruction within their borders; but they shall call their wall salvation, and their Gates Praise. The Sun (or borrowed humane Lights, or Rudimentall Ordinances) shall be no more thy Light (faith God) by day, neither for brightness shall the Moon give Light unto thee: but the Lord shall be unto thee an everlasting Light, and thy God thy glory. Thy Sun shall no more go downe, neither shall thy Moon withdraw it self, for the Lord shall be thine everlasting Light, and the dayes of thy mourning, shall be ended. Thy people shall be all Righteous, they shall inherit the Land for ever, the branch of my planting, the work of my hands, that I may be glorified. A little one shall become a thousand, & a small one a strong nation; I the Lord wil hasten it in hisq time.

In all which consideration, I say, I have now the faithfull and true witness in my own soul, that the Lord himself is become within me, the Teacher of my soul, and inabler of me to walk in a measure of his pure wayes and paths, yea, and so clear a teacher within me, is he already become unto me, as that I with confidence beleeve my inward Teacher shal never now more be removed into a corner; but is, and shall be as a continual voice speaking in my ears; This is the way, walkinr is: By which divine teaching I am now daily taught to dye to sin, and led up by it into living power, to be raised up, and inabled to live in a pure measure of Righteousness; and by which inward spiritual teachings, I am, I say again, led up into power in Christ, by which I particularly can, and do hereby witness, that I am already dead, or crucified, to the very occasions, and real grounds of all outward wars, and carnal-sword-fightings & fleshly buslings and contests; and that therefore I confidently Edition: current; Page: [7-338] now believe, I shall never hereafter be an user of a temporal sword more, nor a joyner with those that so do. And this I do here solemnly declare, not in the least to avoid persecution, or for any politick ends of my own, or in the least, for the satisfaction of the fleshly wils of any of my great adversaries, or for satisfying the carnal will of my poor weak, afflicted wife; but by the special movings and compulsions of God now upon my soul, am I in truth and righteousness compelled thus to declare, that so I may take away from my adversaries all their fig leaf covers, or pretences of their continuing of my every way unjust bonds; And thereby, if yet I must be an imprisoned sufferer, it may from this day forward, be for the truth, as it is in Jesus: Which truth I witness to be truly professed and practised by the savouriest of people called quakers: And to this my present declaration, which I exceedingly long and earnestly desire to have in print, and for which I know that I can chearfully and assuredly lay down my life, if I be called to witness the truth of it, I subscribe my outward name

From my innocent, and every way causeless
captivity in Dover-Castle, the place
of my souls delightful and contentful
abode, where I have really and substantially
found that which my soul
many yeers hath sought diligently after,
and with unsatisfied longingness,
thirsted to injoy, this present first day
of the week, being the

4th of the 3d. month, 1655.

IOHN LILBVRN,
the new, or inward
spiritual name, no
man knowes but he
that hath it.

The End.

Edition: current; Page: [7-339]

James Freize

Freize, James

17 June, 1656

28.

7.28 James Freize (Freese), A Moderate Inspection into the Corruption of the Common Law of England (17 June, 1656).

Editor’s Introduction

(Placeholder: Text will be added later.)

A Moderate inspection into the Corruption of the pratique part of the common Law of England.

Humbly offered in a word of Love to the Lords Instrument of Englands Honour, and victorious magnanimity, his Enemies Terrour, and Europ’s wonder; Oliver by divine Providence Lord Protector of England, Scotland, and Ireland, and the Emperial territories thereunto belonging, And to the truly pious (his Excellency) Charle Fleetwood, Lord Deputy of Ireland, and to the rest of his Highnesse most Honourable Council.

By Ja. Frese, who wisheth health and increase of Honour here, and eternal felicity in the glorious world to come.

May it please your Highnesse,

THose favours which it pleased your Highnesse some time past, to conferre on mee, though by the subtil contrivances of some machivillian instruments; have hitherto proved abortive (and I by malice robbed not only of them, but also of my livelihood) hath, and still doth, notwithstanding, draw forth my constant love and Cordial service to your Highnesse and this Commonwealth, in all faithfulness and readinesse, with my fervent prayers to God for you, whom he hath called to this high pitch of Emperial dignity, that the hearts of this great people may be united unto your Highnesse, as the heart of one man; which will doubtlesse be accomplished upon your drawing near unto God, by putting in practice the due Administration of Justice and Mercy, without respect of persons; causing Judgement to runne down as water, and Justice as a mighty stream: For, the practice of Princes, is a Law of life; being of more force than the Law of Letters, and what Princes do, that they seem to command: For if the substance and object bee straight, the shaddow and accidents will not bee crooked; it being as natural to the people to cast their eyes on Princes deportments, as for Marriners to gaze on the Sun in their maritine Courses. The fittest way therefore Edition: current; Page: [7-340a] for a Prince or Ruler to make good those hee governeth, is to bee good himself; for wisdome in Princes marcheth before in well doing, and leads the way for the people to follow. Government founded on justice and mercy, is the sure bond wherewith the joynts of the Commonwealth are knit together, and the vital spirits wherewith so many millions do breathe, without which they are fitted for oppression and utter desolation. Therefore the will, and fancies pleasure in Princes is not to bee preferr’d before justice and the good of the people. Of no one earthly thing then, ought Rulers and Governours (in their power and Authority assigned them from God) to bee more exactly tender and carefull, than in weighing out by the ballance of justice, to all, constant and faithful persons, according to their merits; as also in punishing offences according to desert. A Princes Sword sheathed, is said to be little feared, which made the Hollanders to picture King James with his Sword locked to his side, and his pockets empty: and yet too much severity alienates the peoples hearts, and diminisheth the power of authority; witnesse the late Kings too much adhering to the cruel proud Prelates; For cruel governments are ever more bitter then durable, it being a thing impossible that many should stand in fear of one, and yet that one, not to stand in doubt of all. To a Prince therefore for conservation of his person and estate, is nothing more necessary than the love of those he governeth.

Guards by day and night are good, and carry a face of strength and security, yet no such sure fortresse and strength for a Princes safety as the wall of hearts, which is both impenetrable and impregnable, and is unfallibly to be gained by true piety towards God, and probity towards men, in which unseparable vertues, I shall ever pray, and heartily wish your Highnesse to bee ever as perfectly good, as the God of Israel hath made you great,Psal. 15. that so by your goodnesse and sage government, freedome, peace, and safety may bee established to this Nation, God glorified, your Highnesse name, and fame in love advanced, and the people of God comforted, who ever have truly loved and honoured you, and by the rule of reason still ought so to do, for that their safety is much involved in your prosperity and well-being, under God.

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And as for many years past (by the good hand of God) I have been led forth for the Publick, and not for self ends; so I desire still to persist, to the glory of his great name, your Highness honor, and this my Countreys welfare (although by the subtile contrivance of some evil-minded persons) my reward hitherto hath been misery and ruine;But they travelled with wickedness, they brought forth a lie: But their cruelty and mischief is fallen upon their heads. yet still persisting in my constant affection to your Highness, and my Countreys prosperity, I am encouraged to present these lines to your Highness consideration, and by them my self, to your mercy and justice; hoping, that as the Lord hath exalted you to the pitch of Emperial honor,They are fallen into the pit they digged for me, Psal. 7. 14, 15, 16. so your zeal for the glory of God, and this Nations peace and tranquillity, will speedily appear to the joy of your friends, and terror of your enemies, who then will be enforced to acknowledge and say, that God is in you, and that he the Lord God of Israel hath done excellent things by you, and for you, ever since you first took the sword in hand, and that in such a successful and victorious way, as former Histories cannot parallel. O what engagements lie upon you for these mercys, to study the advance of the honor of this your gracious God, in the speedy administration of true Judgement, Justice and mercy (without which, no blessing to be expected from the Lord, but the contrary; and let me not reap your displeasure for dealing plainly with you, in putting your Highness in minde of your former several promises passed to God and his people to that effect; stick fast therefore to the Lord your God, and then he will stick fast to you assuredly, causing your enemies to be at peace with you, yea, to bow and fall down before you.

For whatsoever is not of God, is of the Devils. But the instruments of Injustice, Cruelty and Oppression, are not of God; therefore of the Devil.And for the sure gaining of the favor of God, and love of this whole Nation, be pleased to establish the ancient Law of England in its purity, grounded on the Judicial Law of God, by abollishing the abominable Capias, establishing Judges in every Province, County, Edition: current; Page: [7-341a] Hondred, Wapentake and Town corporate, that so arrest of persons may be taken off,In and by that famous Law-Book, called, Mirror of Justice, it appeareth, that Fellons are bailable, and not to be imprisoned before conviction, fol. 73. their lives preserved, and the Land cleansed from the blood of thousands that have perished and are cruelly destroyed by Bailiffe, and in Gaols, Prisons, and Dungeons, whose blood doubtless cries aloud for vengeance on the pervertors of Justice and Mercy,No Right in Judgement to be sold for Fees, or Bribes, fol. 258. and on such instruments of Tyrannie, and their self-seeking adherents, whose arrogancy and pride hath been, and is as yet, preferred before the liberty and well-being of this great Nation.Those that blemish the credit of a man, or imprison him, are by the Law of this Land infamous persons, fol. 192. It hath been prudently observed by wise Travellers, that a Countrey abounding with Physicians, must needs be deemed to be of a malignant and contagious Climate: So England abounding with Lawyers, Attorneys, Sollicitors, Clerks, Bailiffs, Serjeants, Gaolers, and such like Egyptian Locusts,Reasons shewed, That the new Statute for Imprisonment, in unjust, evil, and illegal, and contrary to the fundamental Law of the Land, and liberty of the people, fol. 33. 214. more than any four Kingdoms in the world besides, is by all Nations concluded to be inhabited by a people solely given up to strife, debate, contention, wrath, cruelty, oppression and deceit; All imprisonment of mens persons for debt, being clearly an Incroachment upon the known Laws and Rights of the people, as by the Statutes following appeareth.Justice was then administred truly, and all causes of Controversie to be finally determined in 15 days time. See Westminst. Chap. 18. the 25 of Edw. 2. Chap. 2. the 42.But now the Judges have made the first return to be 15 days. And whereas the Law gives but one peny for sealing of a Writ, they have added 4 shillings, toto 4 s. 1 d. of Edw. 3. Chap. 2. the 9 of H. 3. Chap. 29. Brat. Regis, fol. 77. the 3 of Edw. 1. Chap. 25.No action to be entred nor received to judgement, till security be given to make good the plaint, and costs & damages to the Defendant, if the plaint be not good, fol. 14. 233, 257. anno 5. Chap. 9. anno 25. chap. 4. Debo. Raplegi, fol. 66. Mirror of Justice, fol. 27, 28, 29, 30, 57, 64, 207, 216, 231, 239, 240, 253, 274, 283, 284: Petition of Right 3 Carol. And as the spirits of all men enjoy freedom; so is it as just, that our bodies being the Mansion houses of our spirits, should enjoy the same, and not be buried alive in Prisons, Gaols and Dungeons, as at this day.

That liberty from the Norman Law, is the just right of this Nation, is most clear also by the ancient practiced Law of this Land, from the reign of King Alfreds, acknowledged by all the Judges of this corrupt age, in the case of Sir William Herbert, reported by Edition: current; Page: [7-341b] Sir Edward Cook Lord Chief Justice of England; where it was resolved, that by the known Law (which is the great Charter) neither the body nor lands of defendants,Imprisonment of Felons before conviction, if they dye, is man-slaughter, fol. 27, 28, 30, 244. are liable to execution upon judgement for debt or damages (A Fortieri) therefore not to arrests nor imprisonments of their persons, upon any measue process whatsoever; for every man is an innocent person in the eye of the Law,None to be hanged for Theft, nor imprisoned for debt, fol. 202, 252. until condemned by the Law: How Satanical and most unjust is it then, that any person should be imprisoned upon a Copias (which is the utmost punishment on a Felon or Murderer)False witnesses are to dye the death, fol. 228. See 21 Jac. chap. 14. before he be condemned by the Law? It is therefore most clear, That all the Statutes which subject the persons of men to arrests and imprisonments,If Justices and Parochial Officers, suffer the Poor to starve, it is in them man-slaughter, fol. 228. are diametrical opposite to the pure Law of God, to Reason, to Charity, and to the fundamental Law of this Land; therefore void and null.Corrupt Judges to be punished in the same manner, as they had unjustly judged or inflicted upon others, fol. 207.

The body imprisoned never satisfieth debts, but by liberty and diligence in some calling, or by estate in possession, and management thereof. Is not therefore our present practice of the Law most Tyrannical, a cruelty not to be parallel’d in all Europe, in their arresting,None to be imprisoned but for felony and treason, fol. 57, 73, 231, 274. vide also Hen. 3. fol. 1 218. tossing and tumbling of persons from one Gaol to another, as often as they please; yea, and that very often on false and feigned actions, being the lawyers and Gaolers lime-twigs to catch the poor harmless birds,No Judge nor Officer to take any fees or reward, fol. 64. and so to keep them in their iron cages for an unlimitted time; yea, some of them, till they therein starve or depart this life; as Mr. Craufield was, who being imprisoned in 1598. dyed there 1646. and Sir Will. Beechers father,Gaols and Prisons are ordained onely for mortal offenders, fol. 72. who was imprisoned for debt in the 38 year of Queen Eliz. continued in prison about 36 years, then dyed, leaving his bones to his Creditors for their satisfaction;Goalers punished for detaining Felons in Durance after acquittal. And if the Felon dye in Prison, then the Goaler to suffer death, fol. 230. witness my own case also, who in Anno 36, and 37, having lost a great estate by sea and land, did then in discharge of a good conscience, freely assign 3400 l. in goods and moneys unto Edition: current; Page: [7-342a] my creditors,For taking monies of Prisoners, the Goaler to loose his place, fol. 231. for satisfaction of my own debts, being 480 l. and ingagements of 2780, by which assignment they are eyed not to infringe my credit and liberty,Fellons escape out of Prison no mortal offence, because warranted by the Law of Nature for safety, fol. 226. 1 Edw. 2. fol. 68. yet most unjustly they imbesselled that my estate, imprisoned my body for some yeers, and to this day have given me no accompt thereof, nor of the overplus of that estate, nor can I have redresse for these my wrongs by them sustained. But if through the mercy of God to this Nation,A Judge once doing wrong, is never more to bee obeyed, fol. 232. Justice commeth to have its free current, and my losses sithence sustained in Ireland (amounting to 8500 l.) and above 4600 l. in Russia, and my seven years cruel sufferings,Gaolers punished for plundring and putting Prisoners in Irons, fol. 231. and great services sithence faithfully performed for this state (to the hazard of life) will bee looked upon with a single eye, and taken into a due Christian consideration,A Counseller or pleader, attainted of false pleading, or maintaining an unjust action or cause, is to suffer bodily punishment, fol. 230. I then doubt not, but by the rules of Justice and piety, in some measure to reap due satisfaction (there being daily relief and satisfaction given to those that have sustained losses in Ireland since the rebellion) Therefore may I justly say with the prophet,That most just and famous Alfred King of England admitted no Pleaders into his Counsel, and did hang a messe of 44 Judges in one year, for oppressing the people by false judgement, fol. 240. No mans sorrow like to my sorrow; who for my losses, sufferings, services, and fidelity to the state, have instead of protection and satisfaction been exposed to most unjust cruel and close restraint from Anno 43. to 50. and in all that time nor having any accusers, nor the least evil laid to my charge. Yet do I ly under the scourge of some secret backbiting slanderous tongues. I could instance in many hundreds to this purpose, but I hope this is a sufficient pattern to reformation.

He hanged Judge Hall because he saved Trustrom the Sheriffe from death, who had taken to the Kings use from some men their goods against their will, for that such taking and robbery hath no difference, fol. 242.Wherefore upon just reason founded upon the Law of this Nation, all Statutes, opposite to the fundamental Laws thereof are nul and void, and all offenders are punishable in their lives (or estates at the least) for destroying this Nations just rights and liberties, for if one error be admitted, thousands forthwith follow; as at this day the perished and perishing lives of thousands of families doth testify,He Hanged Judge Athelston, because he judged Herbert to death for an offence not mortal, fol. 240. which Hen. 8. espying, Edition: current; Page: [7-342b] and being then also in want of monies, upon his expedition unto France, took an exact accompt of the proceedings and practices of his Barons, Judges’ and all others his Officers,He hanged Judge Rolfe for hanging a Felon that escaped out of Prison before Conviction, fol. 242. found them faulty, committed some to the Fleet, and set great fines on them all, whereby he raised above three Millions of money to himself speedily.

I do therefore (not in behalf of these) but in the behalf of this whole Nation,Judge Thelwel was imprisoned for imprisoning a man for an offence not mortal. become a most humble and earnest Suter to your Highnesse, his Excellency, and the most honourable Councill,Judge Belling was hanged, for judging Lauston to death by fraud. by whom the Lord hath done great things to the astonishment of all Europe) that by some speedy way Justice may bee advanced and set up in it’s purity; The poor relieved and righted against their cruel and potent oppressors;Judge Afold was hang’d for judging Ordine to death for not answering. The imprisoned forthwith set free; The Copias abolished, & the most ancient maner of citations, & levying debts on mens estates again practised,Judge Arnold was hang’d, for saving a Bayliffe from death, who had robbed the people by distresse, and for extorting fines, fol. 243. It being indifferent to all to take such apt remedy one against the other for all just debts, as the wisdome of our Ancestors thought fit and used; By means whereof all oppressors, cruel wolves and churlish Nabals, will be prevented of making their prey of mens estates, to the ruine of families.

He hang’d Judge Deeling, because he hang’d Eldon who, had kill’d a man by chance, fol. 242.The speedy establishment of this, will incourage persons and their friends to be industrious and helpful in some calling to serve their Country, and to make provision for the payment of their just debts, and maintenance of their families,Judge Priome was hang’d, for judgingFalk death out of Court, fol. 242. and to live peaceably with all their neighbours.

Whereas now men being imprisoned, become both careless and fearlesse, and prone to all evil;Judge Mekline was hang’d, for hanging Helgrave by a warrant of Indictment not especial, f. 242. Therefore if the cause bee taken away, these effects will cease. The greatest cause of the Lords displeasure against us, is the practice of injustice, cruelty, and oppression, devouring the poor daily, and murdering of them in several Gaols and Prisons.Judge Rutwood was imprisoned, for imprisoning a man for a debt due to the said King Alfred himself, fol. 244. To which wicked current Edition: current; Page: [7-343] the Lord in mercy, by your Highnesses gracious referrences of late, issued forth to several persons of humour, justice, and known fidelity, for the hearing and determining of Controversies between many poor oppressed people,Judge Perive was hang’d’ for suffering a man to dye in Prison, whom he had imprisoned for an offence not mortal. and their cruel oppressors. Hath put some stop, which pious course persisted in, will I trust under you Highnesse honourable and high in the herts of all men, and will bee a good leading way, for a more through reformation of the Law, as is by the whole Nation most earnestly desired and long expected.

Judge Adulf was hang’d, for hanging Capine before he was 21 years old, fol. 240.And of this I beseech your Highnesse to rest assured, that when you shall cause judgement to rest in the City, and justice in the fruitefull field, then the work of justice shall be peace to all, and the fruit thereof quietnesse, and assurance of the favour of God to you, and your posterity.But now boys of 10 or 12 years serve to be hang’d for theft, by the Devils Law, though not by Gods Law.

Judge Marks was hang’d, for judging During to death by 12 men not sworn, fol. 24.The sumes of injustice and cruel oppression was Israels destruction, and shall we that are guilty of the same think to go unpunished? No! No; But except we amend we shall all likewise perish.

Judge Thorborn was hang’d because he had judged Osgate to death for a fact whereof he had bin acquitted before.Woe to those workers of iniquity, who plead falsly against the poor and oppressed, undoing them by lying words, overthrowing the cause of the righteous in judgement, and causing the bread of the hungry, and drink of the thirsty to fail; uttering that for truth which their own Conscience (if they have any) cannot but still them, Tongue thou liest. The due Consideration of these particulars, I am bold to present to your Highnesse Wisdome, and to the Consideration of his Excellency, and your honourable Counsell; beseeching the Lord to bee your fole Protector and Director, in these and all other your weighty undertakings, to the comfort of all those that wish well unto Sions approaching glory, your Highnesse tranquillity, and this Nations peace, and prosperiti. This is and ever shall be the earnest desires of your Highnesse most humble and faithful servant in the Lord Jesus,

He hang’d Judge Wulster, for judging Haubert to death, though it was at the sute of the said King.Hee hanged all the Judges in every County and Province, who had falsly saved a man guilty, or falsly hanged a man against Law, or reasonable exceptions, fol. 145. The Lord God of Israel grant, such justice may take place again to the terrour of all cruel oppressors, Traducers, and time servers, that so the oppressed in this Land may have cause of rejoycing, and returning glory to God, and accompt themselves ever bound to pray for your Highnesse health and prosperous Government.He cut off the hand of Judge Hulf, because he did not cut off the hand of Armack, who had felloniously wounded one Riebald, fol. 245. But, England shall never say, which Lawyers bear such sway, I shall have happy day, or make my Foes a prey. A Prisoner breaking prison shall not suffer death, 1 Edw. 2. fol. 68. A false witnesse shall dye the death without Benefit of Clergy, Jarobi Chap. 14.He caused Judge Edulf to be wounded, because hee did not Judge Arnold to bee wounded, who had felloniously wounded one Aldence, fol. 245.

Ja. Frese.

FINIS.

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William Prynne

Prynne, William

6 November, 1656

29.

7.29 William Prynne, A Summary Collection of the principal Fundamental Rights, Liberties, Proprieties of all English Freemen (6 November, 1656).

Editor’s Introduction

(Placeholder: Text will be added later.)

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To the imprejudiced Reader.

BEing importunately solicited by Mr. VVilliam Shepheard, a Lawyer, specially imployed by some Swordmen and Grandees at VVhitehall, (from whence he came to visit me at my Study in Lincolns Inne, within two daies after their resolution to call a new Assembly at VVestminster, wherewith he acquainted me) to regulate the abuses in the execution of our Laws; that I would consider of such abuses of this Nature, as I had observed, for him to present to that Assembly to be reformed by them, being one chief end of their meeting; which I then informed him, I had no time to do, being ready to take my Journey into the Country; and that Sir John Davis in his Epistle to his Irish Reports, had written so much in justification of our Laws, as would satisfie and silence all soldiers and others that ignorantly censured them. He thereupon desired me at my vacant times, to consider of this his motion in the Country, for the publick good. Which I since calling to mind, and considering that in the Parliament of 5 R. 2 rot. Parl. n. 17, 18. it was the resolution both of the Commons and Lords (desiring redress of their publick Grievances and oppressions)* that Reformation alwaies ought to begin in the Head, and so gradually from the Highest Members to the Feet: and that it will be both Edition: current; Page: [7-346a] bootlesse, impolitick, and ridiculous for any publick or private State-Physicians, or Reformers, to spend their time and pains only to cure some small scratches, or cuts in the toes, or fingers; or breaches in the tyles or feeling of our State and Laws, (as some Mountebancks, and Pseudo-politicians now do) and in the mean time to overpasse, neglect, if not increase, dilate the large deadly wounds, in the very Head, Heart, Vital Parts; and most dangerous Breaches, Underminings in their very Foundations, which threaten present death, and suddain Ruine to the whole Body of our State, Laws, Nation, if not speedily healed, repaired with all possible care and diligence, by the most skilfull Artists and Philopaters, sufficiently qualified for such a desperate difficult publick cure, Repair, and with sincere self-denying publick spirits, couragiously addressing themselves with all their skill, might, to this necessary Heroick work. And withall observing, that there can be no health, ease, rest, quiet, but perpetual pain, languishing, consumption, torture, decay in the Body politick of our Nation, as in the Body natural, so long as there is any dislocation, fraction, convulsion, wound, malady in the Bones, Nerves, Arteries, or chief Parts and members thereof. And, then remembring that serious Protestation, and solemn League and Covenant, which I my self, all members of the late Parliament, most Persons in late power, and the generality of all the well-affected people, to publick Laws, Liberty, Justice, Religion, in our three Kingdomes, not long since took in the presence of the most High God, Angels, and Men with hands lifted Edition: current; Page: [7-346b] up to Heaven, and then subscribed with those hands; That they shall with sincerity, reality, and constancy, in their several Vocations, endeavour with their Estates and lives, mutually to preserve the Rights, Privileges, Laws and Liberties of the Parliaments and Kingdomes of England, Scotland, and Ireland, &c. And in this common cause of Liberty and peace of the Kingdomes, assist, and defend all those that enter into this League and Covenant, in the maintaining and pursuing thereof; and not suffer themselves directly or indirectly, by whatsoever combination, perswasion, or terror to be divided or withdrawn from this blessed union, &c. but shall all the daies of their lives, zealously, and constantly continue therein against all opposition, and promote the same according to their power, &c. (which Solemn League and Covenant I find subscribed in* print, by VVilliam Lenthal Speaker, Robert Nicholas, Gilbert Pickering, Oliver Cromwell, Philip L. Lisle, VVilliam Ellis, Oliver Saint-John, Miles Corbet, John Lisle, Francis Rous, Nathaniel Fyennes, Edmund Prideaux, John Glynn, Bulstrode VVhitelocke, Edward Montagu, and others in greatest present power and imployments, whom I desire now to remember, and perform the same effectually, as they shall answer the contrary at that great day, when the secrets of all hearts shall be disclosed, according to those their printed subscriptions thereof, for all the good ends therein prescribed.) I Edition: current; Page: [7-347a] thereupon apprehended I could not perform a more seasonable, acceptable, or beneficial service to my native Country in pursuance of the Protestation, and solemn League and Covenant, (lying still as sacred Bonds upon my conscience,) than to draw up this summary Collection of the principal fundamental hereditary Rights, Liberties, Properties of all English Freemen, both in relation to their Persons, Estates, and free-Elections (most mortally wounded, more dangerously under-mined, shaken, subverted by force and fraud of late years, since our Parliamentary and Military contests for their defence, to the vast effusion of our Treasures and Blood, (by some who were most deeply engaged in their Protection and preservation) than in the very worst of former ages, under our late or antient Kings, in every particular branch:) And of the several memorable Votes, Resolutions, Declarations, and Acts of Parliament, for their Vindication and Corroboration, in the happy Parliament of 3 Caroli; (remembred and ratified likewise, in the last Parliament of King Charles) as the most soveraign Balm, the most effectual materials prepared, applyed by the learnedest, skilfullest, wisest State-Physicians and Builders in those Parliaments, to heal and close up the mortal wounds, the perilous Breaches, our late Kings* Jesuitical, arbitrary, tyrannical, ill-counsellors, and other Viperous self-seeking projectors had formerly made in them, to the impoverishing, oppressing, enslaving of the People, and endangering the utter subversion both of our Fundamental Laws, Liberties, Properties, Edition: current; Page: [7-347b] Government, Parliaments, Kingdomes, Religion; now in a more desperate deplorable condition than ever, unless speedily revived, by the fresh application of these healing Cordials, reunited, repaired, supported with these sementing Ingredients by some expert, active Chirurgians, and Master-builders, to whom I humbly recommend them; as a brief Corollary to the first and second part of my seasonable, legal and Historical Vindication and Collection of the good old fundamental Liberties, Franchises, Rights, Laws of all English Freemen; till God shall enable me to compleat the remaining parts thereof, in their Chronological series of time; the best Legacy I can leave behind me to my Native Country, and the whole English Nation, whose real Liberty, VVeal, Tranquillity, Prosperity, (next to Gods glory and the safety of our endangered Church and Religion) hath been the sole scope, end, of this, and all other his publications; who, though ingratefully, despitefully requited for most of them, would repute it his greatest infelicity to be enforced (or hear other Cordial State-Physicians compelled) now at last to say of England, as Gods people once did of Babylon, Jer. 51. 8, 9, 10. Babylon is suddenly fallen and destroyed, howle for her, take balm for her pain; If so be she may be healed. VVe would have healed Babylon, but she is not healed; forsake her, and let us go every one into his own Country; for her judgment reacheth unto Heaven, Edition: current; Page: [7-348a] and is lifted up even to the Skies. Yet the Lord hath brought forth our righteousnesse: as he hath (maugre all Enemies, Oppositions, Slanders) the righteousnesse of him, who desires thy kind acceptation of this Breviary, and prayers for Gods blessing upon this, and all other his real endeavours for sick, desperately-wounded Englands cure;

Swainswick

Septemb. 6. 1656.

William Prynne.

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A Summary Collection of the principal fundamental Rights, Liberties, Properties of all English-Freemen, &c.

THe Liberty of the Subjects Persons having in the three first years of our late King Charles his Reign been very much invaded, endangered, undermined, 1. By Imprisonment of their Persons, by the Lords of the Council, without any special Legal cause assigned in the Warrants for their commitment, but only the Kings command; 1. By honorable banishments upon pretence of forein imployments; 3. By confinements to particular places; 4. By remanding and not bayling them by the Judges upon Habeas Corpora sued forth by them; 5. By Commissions for Trials of Souldiers and others for their lives, by Martial Law, in times of peace, when other Courts of Justice were open; and the like. The properties of their Goods and Estates being likewise much encroached upon, and in a great measure subverted, 1 By forced Loans and contributions. 2. By Lieutenants and Deputy-Lieutenants exorbitant Powers, and new rates, taxes, imposed on, and forced from them, without grant in Parliament, for billeting Souldiers, and quartering Souldiers in mens Houses Edition: current; Page: [7-349a] against their wills till they paid those rates. 3. By exacting Tunnage, Poundage, New customes, and impositions without special grant and act of Parliament. 4. By an intended Commission of Excise, (never put in execution) and other particulars of like nature. And the Liberty of their Free-elections, much impeached by Lieutenants, and others Letters, menaces, summoning of trained Bands to elections, and the like indirect courses. Whereupon the Parliament begun on Monday, 17 Martii, 3 Caroli, in the year of our Lord 1627, to vindicate these their infringed Liberties, properties, freedomes, and preserve them from future violations of this nature; after many learned Arguments by Sir Edward Cook, Mr. Noy, Mr. Selden, Mr. Littleton, Mr. Masen, Mr. Creswel, Mr. Shervile, Mr. Sherland, Mr. Bancks, Mr. Rolls, Mr. Ball, with other Lawyers, and able Members of the Commons House, passed their unanimous Votes against them, Nemine contradicente; fit now to be revived, re-established, after more dangerous avowed publick Violations of our hereditary Fundamental Liberties, Properties, by the greatest pretended Military and civil Champions for, and Patrons, Assertors and Protectors of them, than any in former ages, as the probablest means under God then, and now to cure the mortal distempers, and repair the sad divisions, breaches, desolation of our Land,(a) Resolved upon the Question.

1. That* no Freeman ought to be committed, deteined in Prison, or otherwise restrained by command of the King, or privy Council, or any other, unless some cause of the commitment, restraint or deteiner be expressed, for which by Law he ought to be committed, deteined, or restrained.

2. That a Writ of Habeas Corpus, may not be denied, but ought to be granted to every man, that is committed, or deteined in Prison, or otherwise restrained, Edition: current; Page: [7-349b] although it be by command of the King or Privy Councill, or any other, he praying the same.

3. That if a Freeman be committed or deteined in Prison, or otherwise restrained by command of the King or Privy Council, or any other, no cause of such commitment, deteiner or restraint being expressed forthwith, for which by Law he ought to be committed, restreined or detained, and the same being returned upon an Habeas Corpus granted for the same party, that then he ought to be delivered or bayled.

4.(b) That no Freeman ought to be confined to his House, or any other place, by any command of the King or Privy Council, or any other, unless it be by* Act of Parliament, or by other due course, or Warrant of Law.

5.(c) That the Commission for martial Law, and all other of such nature, to be executed within the Land at such times as were appointed by this Commission, (then questioned, to wit in times of peace, when the Kings Courts of Law were open, and other Legal trials might be had by Juries in Courts of Iustice) are against the Law.

6. That† billetting and placing of Souldiers or any other person in the House of any Freeman, against his will, is against the Law.

7.(d) That it is the* antient and undoubted Right of every Freeman, that he hath a full and absolute propriety in his goods, and Estate; And, that no taxes, Tallages, loan, benevolence, or other charge ought to be commanded, imposed, or levyed by the King or his Ministers, without common consent by Act of Parliament.

All which Votes were drawn up, and inserted into Edition: current; Page: [7-350a] the Petition of Right, assented to by the Lords, and at last by the King himself in his Answer to that petition, as the antient Fundamental Rights and Liberties of all English Freemen. And therefore after all our late Parliamentary and Military contests, wars for their defence; fit to be confirmed, ratified by all sorts of Domestick waies and policies, by which the great Charter was* antiently confirmed, and all violations of them exemplarily punished, without any further argument or debate, being indisputable principles and foundations, whereon all our Liberties, Properties, as English Freemen, are bottomed. To which end I would advise that all Civil and Military Officers whatsoever, as well Supreme as subordinate; all Members of Parliament, Barresters, Attornies, Graduates in our Universities, Steward of Leets and Court-Barons throughout our Dominions, should from time to time, upon, and at their investitures into their several Offices, Trusts, or taking their Degrees, be corporally sworn, To defend and maintain the Great Charter of England, the Petition of Right, and other Fundamental Lawes of this Land; together with the antient undoubted Rights and Liberties of our English Parliaments, (according to their late Protestation, and Solemn League and Covenant) And that all Justices of Assize, Judges, and Justices of the Peace, should specially be sworn at every Assizes and Sessions of the Peace in their respective Circuits, Counties, Corporations; and the Justices of the Kings Bench every Term, amongst other Articles to the Grand Iury, to give them in charge upon their Oaths, diligently to inquire of and present all Offences, Exactions, Oppressions, Taxes, Imposts and Grievances whatsoever, against the Great Charter, the Petition of Right, and other Good Lawes for the preservation of the Liberty, Right, and Property of the Subject, by any person or persons; to the end, that they may be exemplarily punished according to Law, by Fines, Imprisonments or otherwise, as the Edition: current; Page: [7-350b] quantity and quality of the Offences deserve: It being the* Advice, Desire, Proposition, and Petition of the whole Commons house first, and after of the Lords and Commons house joyntly to King Charles in his last Parliament; to which he readily assented: though never since put into actual execution; which is now most necessary to be effectually accomplished for the future, having been so long neglected.

After these Votes, and the Petition of Right passed, several Impositions upon Wines, Currans, Tobacco, Beer, and the taking of Tonnage and Poundage without Act of Parliament, being complained of, it was by special Votes and Declarations of the Commons House, resolved and declared in the same Parliament.

8.(e) That the receiving of Tunnage and Poundage, and other Impositions not granted by Parliament, is* a breach of the fundamental Libberties of this Kingdom; and contrary to his Majesties Regal answer to the Petition of Right: And those declared Publick Enemies, who should thenceforth collect, or pay any Customes, Tunnage, Poundage or Imposts, not granted by act of Parliament, which was since enacted and declared for Law in the(f) two first acts for Tunnage and Poundage, in the last Parliament of King Charles; and all those in a Premunire, and disabled to sue in any Court of Justice, who shall presume to levy the same without Act of Parliament. The case of all Customers, Excisemen and their Instruments, at this present, fit to be made presidents in this kind for the terror of others.

9. A Commission from the King under the Great Seal of England, directed to 33 Lords and privy Counsellors, dated the last of Febr. 3 Caroli, stiled,(g) a Commission of Excise, was complained of and brought into the Commons House, and there read, which commanded them to raise monies by Impositions or otherwise, as they in their wisdoms should find convenient, for Edition: current; Page: [7-351a] the safety and defence of the King, Kingdom and People; the Kings Protestant Friends and Allies; which without hazard of all could admit no delay, the necessity being so inevitable, that form and circumstances must rather be dispensed with, than substance lost. Injoyning the Commissioners to be diligent in the service, as they tendred the safety of his Majesty, and of his People, Dominions and Allies. This Commission of Excise by the unanimous Vote and judgement of the Lords and Commons, was resolved to be against Law, and contrary to the Petition of Right. And thereupon was cancelled (as such) in his Majesties presence, by his own command, and was brought cancelled to the Lords House by the Lord Keeper, and by them afterwards sent to the Commons: and the Warrant with all Inrollments of it were cancelled: and ordered by the Commons, that the Projector of it should be found out and punished. Which judgement(h) was thrice recited, confirmed, and insisted on by the Lords and Commons, (and some in greatest present power) the last Parliament of King Charls in printed Speeches and Declarations. And if this intended Commission of Excise, though never executed, was thus frequently damned as an intollerable and monstrous Grievance against our Laws, Properties, and the Petition of Right, How much more are all present Orders, Commissions, Warrants for the actual imposing and levying all sorts of Excises on such, without any act of Parliament?

X. The Commons House in that Parliament, upon solemn Argument and Debate, concluded; That by the Laws of this Realm, none of his Majesties Subjects ought to be impressed or compelled to goe forth of his County to serve as a Souldier in the Wars,* except in case of necessity of the sudden comming in of strange Enemies into the Kingdom; or except they be otherwaies bound by the Tenures of their Lands or possessions; Nor yet sent out of the Realm against his Will upon any forein Edition: current; Page: [7-351b] imployment, by way of an honorable banishment. Which Resolution in the last Parliament of King Charles was enacted and declared to be the Law of the Land, and fundamental Liberty of the Subject, by the(i) Act for impressing Souldiers for Ireland; by two Declarations of the Lords and Commons against the Commission of array; and assented to by the King in his answer thereunto.

All which unanimous Votes, Resolutions of both Houses, having been successively ratified in two several Parliaments in King Charles his Reign (whereof some in present Power were Members,) and enacted by several Statutes, assented to by King Charles himself; it must needs be the extremity of Impudency, Tyranny, Treachery, Impiety, Perjury, Barbarism, for any who have formerly contested with him in our Parliaments, or in the open field, for all or any of these premised Fundamental Rights and Liberties of all English Freemen; and who vowed, protested, covenanted, remonstrated again and again before God and all the World, inviolably, faithfully, constantly to defend them with their Lives and Fortunes all their daies, in their several places and callings; and who beheaded him as the Greatest Tyrant (together with Strafford and Canterbury) for infringing them; to oppose, contradict, violate or infringe them all in a more transcendent publike manner, than he or his worst Ministers formerly have done; and now not really, chearfully to corroborate, defend, transmit them to posterity in full vigor, by all good wayes and corroborations that possibly can be devised, without the least opposition and dispute, to make the Nation free, and their own posterity together with it.

19, 22, 23, 24, 26, 27, 28, May 1628.XI. After the Petition of Right had passed the Commons House, and was transmitted to the Lords; the House of Lords desired, that this Clause might be added Edition: current; Page: [7-352a] to the close thereof. “We humbly present this Petition to your Majesty, not only with a Care of Preservation of our own Liberties, but with a due regard to leave intire that Soveraign Power wherewith your Majesty is trusted, for the Protection, Safety, and Happinesse of your People. The Commons after a long and full Debate, resolved, “That this Saving ought to be rejected, and by no means to be added to this Petition; though very Specious in shew and words; for that it would be destructive to the whole Petition; and would leave the Subjects in farre worse condition than it found them. For whereas the Petition recites, “That by the Great Charter and other Laws and Statutes of this Land, No Loan, Tax, Tallage or other Charge ought to be imposed on the Subjects, or levyed, without common consent by Act of Parliament, Nor any Freeman of this Realm imprisoned without cause shewed, Nor any compelled to receive Souldiers or Mariners into their Houses against their wills, Nor any man adjudged to death by Martial Law, in times of Peace, but only by the lawful trial of his Peers, according to the established Lawes and Custom of the Realm; This addition would make the Sense and Construction thereof to be, “That the King by his Ordinary power and Prerogative could impose no Loan, Tax, Tallage, or other things upon his Subjects without their common consent by Act of Parliament; Nor imprison any Freeman, without cause shewed; Nor billet any Souldiers or Mariners in mens Houses against their wills; Nor condemn nor execute any Subject by Martial Law: But yet by his Soveraign power, wherewith he is intrusted for the Protection, Safety, and Happinesse of his people, here left intirely to him, he may when he saw cause and necessity impose what Loans, Taxes, Impositions and Charges he pleased on his people, without common consent Edition: current; Page: [7-352b] and Act of Parliament, imprison them without cause shewed, quarter Mariners and Souldiers in their houses against their wills, and condemn, execute them by Martial Law, upon this pretext, that it was for the Protection, Safety and Happinesse of his people in general; All which himself and his Council, not the Judges and our Laws, must determine. And so this Addition, if admitted, would quite overturn the Petition it self, the Great Charter, and all other Acts recited in it: and give an intimation to Posterity, as if it were the opinion of the Lords and Commons in this Parliament, that there is a trust reposed in the King upon some emergent cases and necessities, to lay aside as well the Common Law, as the Great Charter and other Statutes, which declare and ratifie the Subjects Liberty and Property, by his Soveraign power. And so by consequence to enable him to alter the whole frame and fabrick of the Commonwealth, and dissolve that Government whereby this Kingdom hath flourished for so many year, under his Majesties most royal Predecessors. Whereas in truth there is in the King no Soveraign Power or Prerogative royal to enable him to dispute with, or take from his Subjects that Birthright and Inheritance which they have in their Liberties by virtue of the Common Law, and these Statutes, which are meerly positive and declarative; conferring or confirming ipso facto an inherent Right and Interest of Liberty and Freedom in the Subjects of this Realm, as a Birthright and Inheritance descended to them from their Auncestors, and descendible to their Heirs and Posterity. But the Soveraign power wherewith he is intrusted, is only for the protection, safety and happinesse of his people, in preserving this their inherent Birthright, and Inheritance of Liberty and Freedom, and those Lawes and Statutes which ratifie and declare them. Upon Edition: current; Page: [7-353a] these and other reasons alleged by the Commons, the Lords after three large Conferences agreed fully with the Commons, and rejected this destructive Addition to the Petition of Right; which the Lords and Commons in their* Declaration touching the Commission of Array, January 16. 1642. (to which many now in power were parties) recite, insist on and corroborated in Parliament, as an undoubted truth. If then the King by his absolute Soveraign power wherewith he was intrusted, could upon no emergent occasion or necessity whatsoever, violate, elude, evade, subvert all or any of these fundamental Laws, Liberties, Rights, and Inheritances of the Subject, by the joynt unanimous resolution of the Lords and Commons in these two Parliaments of King Charles; much lesse then may any other Person or Persons, or new Powers do it, who condemned him for a Tyrant, and suppressed Kingship as tyrannical, over-burdensome, dangerous to the peoples Liberties, Safety, Prosperity, upon any real or pretended Necessity or Emergency whatsoever. Much lesse may any true English Parliament permit or enable them upon any pretence to do it in the least degree, to the prejudice of Posterity after so many publick Parliamentary and Military conflicts for these Laws and Liberties. The rather, because that our Noble Ancestors would admit no Saving or Addition to the Great Charter, or any Statutes for its confirmation, that might any wayes impeach their Liberties, Rights, or Proprieties: And when King Edward the 1. in the 28 year of his reign upon the Petition of the Lords and Commons, granted a New Confirmation of their Charters, and in the* close thereof added this Clause, Salvo fure Coronæ Regis: That the right and prerogative of his Crown should be saved to him in all things, (Which the Lords most insisted on, to justify the forementioned rejected Addition to the Petition of Right) when it came to be proclamed in London, the people Edition: current; Page: [7-353b] hearing this Clause at the end thereof, added by the King; fell into execration for that Addition, and the great Earls, who went away satisfied out of Parliament, hearing thereof, went to the King and complained thereof, who promised to redress it (as Mr. Selden then informed the Commons house, out of a Leiger Book of that year, in the publike Library of the Vniversity of Cambridge: Whereupon in the Statute De Tallagio non concedendo, 34 E. 1. the King to please his discontented Lords and Commons, not only granted, That no Tallage or Ayd should be taken or levied by us or our heirs in our Realm, without the good will and assent of the Archbishops, Bishops, Earls, Barons, Knights, Burgesses, and other Freemen of the Land, c. 1. But likewise added, c. 4. We will and grant for us and our Heirs, That all Clerks and Lay-men of our Land, shall have their Laws, Liberties, and Free Customes, as they have used to have the same at any time, when they had them best. And if any Statutes have been made by us or our Ancestors, or any Customs brought in contrary to them, We will and grant, That such manner of Statutes and Customs shall be void and frustrate for evermore. Yea, King Edward the 3. in pursuance thereof, in the Parliament of 42 E. 3. c. 1. assented and accorded, That the Great Charter and Charter of the Forest, be holden and kept in all points: And if any Statute be made to the contrary, that shall be holden for none. And c. 3, It is assented and accorded for the good Government of the Commons, that no man be put to answer without Presentment before Justices, or matter of Record, or by due Process, and writ original, according to the old Law of the Land. And if any thing from henceforth be done to the contrary, it shall be void in the Law, and holden for Errour. And therefore we all jointly and severally expect and claim the like Declaration and Resolution in all these particulars, being assented to by King Charls himself in the Petition Edition: current; Page: [7-354a] of Right, and by these antient Warlike Kings, and true English Parliaments, from whose vigilancy, magnanamity, unaminity, zeal, courage in defence of these our fundamental Charters, Laws, Rights, Liberties, we should now be ashamed to degenerate, after so many years, wars, and vast expences for their preservation; and all sacred solemn Protestations, Vows, Leagues, Covenants, Declarations, Remonstrances, and Ordinances, engaging us, with our lives and fortunes constantly to defend them all the daies of our lives, against all opposition. And if any who pretend to the Name or power of a Parliament, should now refuse or neglect to do their duties herein, they may justly expect to be had in perpetual detestation and execration both with God and all English Freemen.

XII. It was frequently averred, declared(k) by the Commons in this Parliament; That the old custome and use of our Parliaments constantly hath been, and ought to be, to debate, redress all publick grievances, and reestablish, secure their violated* Great Charter, Laws, Rights, and Liberties, in the first place of all, before they debated, or granted any aides, or subsidies demanded of them, (though never so pressing, or necessary) it being both dangerous, imprudent, and a breach of their trusts towards the people who elected them, to play an After-game for their Liberties, Laws, and Grievances, which would never be effectually redressed after subsidies once granted., VVhereupon they refused to pass the Bill of Subsidies then granted till the Petition of Right was first assented unto, enrolled, and their Grievances, redressed by the King.

XIII. They cast Sir Edmund Sawyer, a Member of the Commons House, out of it, upon solemn Debate;(l) committed him Prisoner to the Tower, and perpetually disabled him to serve in Parliament for the future, for having a chief hand in making a Book of Rates, for Tunnage and Poundag, and laying imposiions Edition: current; Page: [7-354b] on the Subject, in nature of a Projector, without grant or Act of Parliament. And likewise suspended Mr. John Baber (then Recorder and Burgesse of Welle) only for making a Warrant to billet Souldiers, on some of the Townsmen, against the Law, and Subjects Liberty, out of fear. Resolving, that all Projectors and Promoters of illegal impositions, Taxes, Billetings, Projects out of base fear, (which Mr. Baber) or by regal command (which Sir Edmund Sawyer pleaded for his excuse) were unfit to sit or vote in any English Parliament, and fit to be turned out thence by judicial sentence, with greatest Infamy. And whether any such be fit to be Members at any other season, let those whom it concerns determine.

XIV. In this Parliament of 3 Caroli the(a) Speaker in the close of his first Speech to the King (according to(b) usual custome in former ages) prayed 3 Privileges in behalf of every Member of the Commons House; the first whereof was, That for the better attending the publick and important services of the House, all and every Member thereof, and their necessary attendants may be free both in Person and in Goods from all Arrests and troubles, according to their antient Privileges and immunities: Which the King then readily granted them all, according to the true Rights and Privileges of Parliament: By the mouth of the Lord Keeper.(c) After which Sir Edward Cook (arguing against the King and his Councils power, to commit men only by special command, without any legal cause expressed in the Warrant in the House used this expression. This concerneth not only the Commonalty, but the Lords, and therefore it deserveth to be spoken of in Parliament, because this might dissolve the Parliament and this House: for we may be then all one after another thus committed. 31 H. 6. rot. Parl. n. 26, 27.(d) No Member of Parliament can be arrested but for Felony, Treason, or Peace: And all here may be committed Edition: current; Page: [7-355a] (under these pretences) and then where is the Parliament? Surely the Lords will be glad of this, it concerns them as well as us:(e) Not long after the Common House being informed, that Sir Robert Stanhop a Member thereof was committed by the Lords of the Council; thereupon the House, (in whose power it was, either to send an Habeas Corpus, or their Sergeant with his Mace, for any Member committed, as was resolved the last Parliament before this, together with the cause thereof) ordered; That their Sergeant should go with his Mace, and bring Sir Robert Stanhop, with his Keeper, and the Warrant for his commitment, into the House, the next morning they sate. Who accordingly brought him, with the Marshal of the Houshold, and the Warrant, wherein it was declared, That his commitment was, by the Lords of the Council, for breach of the peace, and refusing to give Sureties for the Peace: upon a challenge and a Duel, intended by him, as the truth of the Case appeared. Whereupon the House were of opinion; ‘That standing committed for his real breach of the peace, and refusing to give Sureties, he could not have his Privileges, without giving good security in the Kings Bench to keep the peace’. And Mr. Fansham alleging ‘That in such cases some Members by order of the House had entred into Recognizances in the Kings Bench in former times, to keep the Peace, a Committee was ordered to search out the Presidents, and consider of the Case. But the quarrel being soon after taken up, thereupon the Lords released Sir Robert without Sureties, to attend the service of the House. On the 28 of April 1627 Sir Simon Steward a Member of the Commons House, being served with a Subpœna ad audiendum judicium out of the Star-chamber, at the sute of the Kings Attorny, upon a Bill there exhibited against him, for sundry misdemeanours; complained thereof to the House, and shewed that he had been Edition: current; Page: [7-355b] inticed to enter into a Bond and Recognizance of 500l. not to claim any privilege of Parliament. The House upon solemn debate hereof, April 20. resolved, That Sir Simon, notwithstanding this Bond and Recognizance, should have his Privilege allowed him; because he was elected by, and served for others, and could not make a Proxy; and because else the House might thereby be deprived of his attendance by his Consure: Yea this Recognisance, with the Condition thereof (not to claim his Privilege) were held to be void and against the Law: And by order of the House, the party who served the Subpœna on Sir Simon Steward, was sent for as a Delinquent; and Sir Simon commanded to attend the service of the House, and not the hearing of the cause. Vpon this, on the 10th of May, the Inhabitants of the Isle of Ely exhibited a Petition against Sir Simon to the House, complaining, that they had exhibited an Information against him in Starchamber, for taking bribes about pressing of Souldiers as a Deputy Lieutenant, and defrauding the Country about the Kings composition; which cause was ready for hearing; Petitioning the House, that he might wave his privilege, having entred into a Bond of 500 l. not to claim it. But it was resolved upon debate, That the Commons House was Judge of any offence done by the Members of it. And thereupon ordered, That a Committee should examine the Witnesses and other proofs of the Charge against him; and so this House to proceed to Judgement against him: Which was done accordingly. To these cases of Privilege in the Commons House, I shall adde another memorable one in the Lords House, in the second Parliament of King Charls. The King sitting that Parliament, committed the Earl of Arundel to the Tower, without leave of the House, or acquainting the Lords with the cause thereof. Whereupon, May 25. 1626. the Lords drew up and sent this Remonstrance and Petition to the King, entred in their Journal on record.

Edition: current; Page: [7-356a]

The humble Remonstrance and Petition of the Peers.

MAy it please your Majesty, We the Peers of this your Realm now assembled in Parliament, finding the Earl of Arundel absent from his place amongst us, his presence was therefore called for. But thereupon a Message was delivered us from your Majesty by the Lord Keeper, That the Earl of Arundell was restrained for a misdemeanour which was personal to your Majesty, and lay in the proper knowledge of your Majesty, and had no relation to matter of Parliament. The Message occasioned us to inquire into the Acts of our Ancestors, and what in like cases they had done; that so we might not erre in a dutifull respect to your Majesty, and yet preserve our Right and Privilege of Parliament. And after diligent search made, both of all Stories, Statutes and Records, that might inform us in this case, We find it to be an undoubted Right and constant Privilege of Parliament, That no Lord of Parliament, sitting the Parliament, or within the usual times of Privilege of Parliament is to be imprisoned or restrained (without Sentence or Order of the House) unless it be for Treason or Felony, or for refusing to give surety for the Peace. And to satisfie our selves the better, we have heard all that could be alleged by your Majesties learned Counsel at law, that might any way infringe or weaken this claim of the Peers: And to all that can be shewed or alleged, so full satisfaction hath been given, as that all the Peers in Parliament upon the Question made of this Privilege, hath una voce consented, that this is the undoubted Right of the Peers, and hath inviolably been enjoyed by them.

Wherefore we your Majesties loyal Subjects and Edition: current; Page: [7-356b] humble Servants, the whole Body of the Peers now in Parliament assembled, most humbly beseech your Majesty, that the Earl of Arundel (a Member of this Body) may presently be admitted by your Gracious favour, to come sit and serve your Majesty and the Commonwealth in the Great Affairs of this Parliament.

And we shall pray, &c.

Vpon this Remonstrance and Petition sent to the King, the* Peers presently adjourned their house till the next morning, by which time they expected the Earls release; but not finding him enlarged, the next day May 26. they presently adjourned their House till the 2. of June, refusing to sit, and resolving not to act any thing till the Earl was released to sit among them, or the particular cause of his Commitment and seclusion declared to them, that they might judge of its legality. Whereupon the King was inforced to release him to satisfie the Lords House: In imitation whereof the(f) whole House of Commons the last Parliament of King Charls, upon the Kings comming into the House to demand the 5 Members he had impeached of High Treason, January 4. 1641. (which they Voted, To be an high Breach of the Rights and Privilege of Parliament, and inconsistent with the Freedom and Liberty thereof) presently adjourned it self, and so did the House or Peers too (upon his demand of the Lord of Kimbolton) refusing to sit as an House, but only as a Committee in London, for certain dayes, till this breach of their Privileges was repaired, and their Mmbers restored, vindicated, cleared by the King; who released all further prosecution against them.

From which Presidents in these Parliaments of King Charles, it is observable.

1. That it is an antient and undoubted Privilege and Edition: current; Page: [7-357a] Right of all and every Member of Parliament, as well Commoner, as Peer, (as likewise of their necessary Servants and Attendants) to be free from all Arrests, Imprisonments and restaints whatsoever by the King, Council, or any others, except only in cases of Treason, Felony, and Breach Surety of the Peace: which was then cleared by 5 H. 4. n. 39. 5 H. 4. c. 6. 8 H. 6. n. 57. 31 H. 6. n. 25, 26, 27, 28. 39 H. 6. n. 9. 17. E. 4. n. 36. 4 H. 8. c. 6. 3. Iacobi, the Baron of Waltons case, and Sir George Hastings case 2 Caroli, to which the Presidents printed in Sir Edward Cooks 4 Institutes p. 24, 25. and the Statute of 8 H. 6. c. 1. may be added; which declares, That the Great men and Commonally of the Realm of England called or to be called to the Kings Parliament, do enjoy, and were wont to enjoy, and in time to come ought to enjoy, this liberty or defence in coming, tarrying, and retorning, not to be arrested, molested, or inquieted; and gives the same Liberty to the Clergy called to the Convocation by the Kings writs, and to their Servants and Families. Therefore the arresting, imprisoning, secluding, molesting of any Members of late or present times by the Army Officers or others, is a most apparent breach of this antient Privilege, worthy the severest penalties, and speedy reformation.

2. That the ground and only reason of this Privilege is, that all & every member summoned to, or elected and returned to serve in Parliament, might duly, freely, and diligently attend his publike trust and service in the Parl. without molestation, restraint, seclusion or disturbance: (as these Presidents, Statutes, and Records resolve:) which all and every of them are bound to doe, under pain of being amerced, fined, and otherwayes punished, and of losing their wages besides; as is clear by the Statute of 5 R. 2. Parl. 2. c. 4. The King doth will and command, and it is assented in the Parliament by the Prelates, Lords and Commons, that all and singular Edition: current; Page: [7-357b] Persons and Commonalties, which from henceforth shall have the summons of Parliament, shall come from henceforth to the Parliament in the manner as they be bounden to doe, and have been accustomed within the Realm of England of old times. And every person of the same Realm which from henceforth shall have the said summons, (be he Archbishop, Bishop, Abbot, Prior, Duke, Earl, Baron, Baneret, Knight of the Shire, Citizen of City, Burgesse of Borough, or other singular Person or Comminalty) which doth absent himself, or come not at the said Summons, (except he may reasonably and honestly excuse himself to our Lord the King) shall be amerced and otherwise punished, as of old times hath used to be done within they said Realm, in the said case, &c. As likewise by the Statutes of 1 H. 5. c. 1. 32 H. 6. c. 15. 9 H. 8. c. 16. The Act for Triennial Paliaments, 16 Caroli, 31 H. 6. n. 45, 46. 8 Martii 23 Eliz. Cooks 4 Institutes, p. 1, 2, 4, 9, 10, 15, 17, 23, 24, 35, 42 to 50, and my Plea for the Lords, which you may consult at leisure. Therefore no member duly summoned or elected, may or ought to be arrested, secluded, or suspended the Parliament by any Persons or Powers whatsoever, upon any pretext or new devised Instrument, but only by the House and Parliament it self, without the highest injustice, affront to the Parliament, Member, and the people who elect him.

3. That the Parliament alone during its sitting, and no other person or powers whatsoever, is and ought to be the sole Iudge of the due elections, offences, fitnesse, ejection, seclusion, suspension, imprisonment of the Members of Parliament. And that no Member in cases of Treason, Felony, or Breach of Peace, ought to be taken away or detained from the service of the House whereof he is a Member, until that House hath satisfaction concerning the truth of the fact, and grounds of the Accusation; Edition: current; Page: [7-358a] which it is bound to examine, and then to proceed against him, themselves, if it be proper for the Parliament, or to suffer him after to be proceeded against elsewhere, as resolved in the Presidents of Sir Edmund Sawyer, Mr. Baber, Sir Simon Steward, Sir Robert Stanhop, the Earl of Arundel, the Lord of Rinbolton, and 5 impeached Members, forecited of late: By sundry antient Presidents in my Plea for the Lords, p. 33 to 54. My Ardua Regni, and Levellers Levelled, Cooks 4 Institutes, p. 23, 24, &c. And expresly declared by the Lords and Commons, in their printed Declaration, Octob. 23. and Remonstrance Novemb. 2. 1. 42. Exact Collection p. 655, 657, 723, 724, 726, 727. Wherefore for any persons or Powers out of Parliament to arrest, or seclude any Member duly summoned or elected by the People (especially without, before, or against the judgement of the Parliament, or without rendring any reason thereof to the Parliament and People who elect them) is the highest usurpation over, and affront to the Soveraign jurisdiction of Parliaments, that possibly can be devised, yea an erection of a supream new Power, both over Parliaments themselves, and their Members; and great injustice to the People, lately(g) voted the Soveraign Power, and only fountain of all lawfull Authority in the Nation.

4. That the Parliaments of England in all former ages, have been very diligent, vigilant, zealous, resolute, couragious in maintaining these their antient undoubted Privileges of their Members, and the Houses of Parliament, against the least incroachment or violation; not suffering so much as one or two of their Members at any time (especially in the Parliaments of King Charles) to be imprisoned, or restrained from the Parliament, for any real or pretended causes, without present demanding of him, or them, and examining the grounds of their restraints, adjorning their Houses, and refusing to sit or act till Edition: current; Page: [7-358b] their Members were restored, righted, and their Privileges repaired; And that upon these four grounds, worthy special observation.

1. Because our Parliaments in former times, were constantly adjourned from the day of their first appearance, till a further time, when any of the Lords, Knights and Burgesses, by reason of shortness of time, other publike imployments, or default of the Sheriffs returns, were absent, and did not appear, to make up a full Parliament upon the first day of the Summons; which I have proved by 30 Parliaments, Presidents and Records(h) elsewhere cited) in the reignes of King Henry 3. Edward the 3. Richard 3. and Henry the 4th, (to which some others might be added) to prevent the danger of acting any thing in a thin or packed House.

2. Because the undue seclusion of any Members duly elected by force or combination, (especially when others unduly, or not at all elected by the people, were returned and admitted as Members) hath nullified, made void and repealed all the Acts and Proceedings of former Parliaments, thus fraudulently packed for sinister private ends; as being no Parliaments at all in law or truth, but a packed Conventicle aud Confederacy; as the printed Statutes of 21 R. 2. c. 12. 1 H. 4. c. 3. and rot. Parl. 1 H. 4. n. 22, 23. 38. 48. 66. 79. 38 H. 6. n. 35. 39 H. 6. c. 1. 17 E. 4. c. 7. And the Statutes of 10 H. 7. c. 23. made in Ireland, will resolve the perusers of them, being over-tedious to transcribe.

3. Because else the King and his Council, or others might as well summon what Nobles, Counties, Cities, Boroughs they pleased to the Parliament, and omit whom else they pleased out of the Summons, without any Writs directed to them; and seclude or admit whom they pleased, when summoned, elected, returned to serve in Parliament; contrary to the(i) Great Charter of King John, and the Statute of 5 R. 2. c. 4. Edition: current; Page: [7-359a] which expresly provide, That all the Barons, Citizens, Burgesses, Comminalties and Counties shall be summoned to every Parliament. And if any Sheriff of the Realm be from henceforth negligent in making his returns of Writs of the Parliament, or that he leave out of the said Returns any Cities or Boroughs which be bound, or were of old time wont to come to the Parliament, he shall be amerced or otherwise punished, in the manner at was accustomed to be done in the said case ib times past. They being all to be summoned as formerly, ex debito Justiciæ, as Sir Edward Cook resolves in his 4th Institutes, p. 1. printed by the Commons House special Order: else the Parliament will be Void and Null, as the Statute of 10 H. 7. c. 23. for Ireland declares, resolving the Patent of Drogheda to be void, upon this reason.

4. Because (as both Houses of Parliament resolved in their(k) Declaration of October 23. and Remonstrance, Novemb. 2. 1642. published in print to all out 3. Kingdoms and the World, (penned and assented to by some Grandees in present power) the King or any prevailing party whatsoever might else at any time seclude and pull out of the House of Parliament all such Members as they found crosse and opposite to their designs; Make whom and how many Members they pleased a Major part, to carry on their designes, and thereby destroy the whole Body of the Parliament by pulling out the principal Members, and pull up their Privileges by the roats. A treachery, injury, innovation, not to be tollerated or connived at in the least Degree, after so many Protestations, Vowes, Solemn Leagues, Covenants, Declarations, Remonstrances, both by the Parliament and Army, and so many years bloudy wars, for defence of the Rights and Privileges of Parliament. I shall therefore close up this particular with the memorable words of Lords and Commons forenamed Remonstrances, Edition: current; Page: [7-359b] which I desire all Swordmen, the whole Nation, and those especially who were then Members, to take special notice of.(l) This Privilege of the Members seclusion from the House, and arrests (fore mentioned) is so clear and essential a Publique of Parliament, that the whole Freedome of Parliament depends upon it. For who sees not, that by this means under false pretence of Crimes and Accusations, such and so many Members of both or either House may be taken out of it at any time, by any persons to serve a torn, and to make a major part of whom they will at pleasure. And therefore as the Freedom of the Parliament dependeth in a great part upon this Privilege, and the Freedome of this Nation upon the Freedome of Parliaments; We have good cause to believe, that the People of England, knowing that their Lives and Fortunes are bound up in this Bundle, will venture their Lives and Fortunes in this Quarrel, Accursed, and for ever execrated then let all those Swordmen and Innovators be, who by any Matchiavilian Policies, Engines, or Instruments whatsoever, shall endeavour to deprive the Parliaments and People of England, of this their antient essential Privilege and Freedoms; or necessitate them once again to venture their Lives or Fortunes in this quarrel, to maintain or regain the same by a New war or insurrection, against the Imprisoners or Secluders of any of their duly elected and best respected publick Trustees out of our Parliaments in time to come (as they have oft times done for some years by-past) to the subversion of Parliaments, and Peoples general affront and discontent. To prevent which danger, I could heartily wish, that a free Legal English Parliament might be duly summoned, either by the Peers of the Realm, or by the Freeholders, Freemen, and Burgesses of every County, City, and Borough, in their default, according to the late Act for triennial Parliaments, yet in force (to which many Edition: current; Page: [7-360a] in present power were assenting) to redress all high violations of our Parliaments just Rights and Privileges, and prevent the like for the future, reform all publick Grievances, remove all unrighteous oppressions, compose our manifold sad Divisions, Schismes, Fractions both in Church and State, and settle our three distracted Kingdome in such unity, peace, prosperity, after all our destructive wars, as all good men long, pray for, and none but Traytors, or professed Enemies to our Tranquillity and Welfare, can or dare oppose.

15. The whole House of Commons (m) impeached, and the Lords House judicially sentenced Dr. Manwaring (then a Member of the Convocation) for preaching before the King, and publishing in print in two Sermons, intituled Religion and Allegiance, contrary to the Laws and Statutes of this Realm, and propriety of the Subject,

1. ‘That the King is not bound to keep and observe the good Laws and customes of the Realm, concerning the Rights and Liberties of the Subject, who undoubtedly inherit this Right and Liberty not to be compelled to contribute any tax, tallage, aid, or to make any loans, not set or imposed by common consent, by Act of Parliament: And that his Royal will and command in imposing Loans, Taxes, and other Aids without Common consent in Parliament, doth so far bind the conscience of the Subject of this Realm, that they cannot refuse the same without peril of damnation.

2. ‘That those his Majesties Subjects who refused the Loan imposed on them, did therein offend against the Law of God, against his Majesties supream Authority: and by so doing became guilty of impiety, disloyalty, rebellion, disobedience, and lyable to many other Taxes and censures.

3. ‘That authority of Parliament is not necessary Edition: current; Page: [7-360b] for raising of Aids and Subsidies, That the slow proceedings of such Assemblies are not fit for the supply of the urgent necessities of the State, but rather apt to produce sundry Impediments to the just designs of Princes: and to give them occasion of displeasure or discontent.

For which Sermons and positions the Lords House adjudged, 1. That this Dr. Manwaring (notwithstanding his humble Petitions, and craving pardon for these offences) shall be imprisoned during the pleasure of the House. 2. That he be fined 1000 l. to the King. 3. That he shall make such a submission and acknowledgement of his offences, as shall be set down by a Committe in writing, both at the Lords Bar and in the House of Commons (which he accordingly made.) 4. That he shall be suspended for the time of three years from the exercise of the Ministry. 5. That he shall be for ever disabled to preach at the Court hereafter. 6. That he shall be disabled hereafter to have any Ecclesiastical dignity or secular Office. 7. That the same Book is worthy to be burnt, and that for the better effecting thereof, his Majesty may be moved, to grant a Proclamation to call in the said Books, that they may be burnt accordingly in London, and both Universities, and for inhibiting the printing hereof upon a great penalty. Which was done accordingly.

Whether some late Court-Chaplaint, or Parasites have not incurred the like offences, and demerit not as severe a censure as he, for some Sermons, and printed Pamphlets,* Instruments of like nature; is worthy the consideration of the next publike Assembly, and future English Parliaments.

XV. The(n) House of Commons sent for, and committed Mr. Laughton, and Mr. John Trelawny, to the Tower, and Sir William Wray, and Mr. Edward Trelawny, to the Sergeant at Arms, during the Houses pleasure, and ordered them to make a Recognition of their Edition: current; Page: [7-361a] offences at the Assises in Cornwal for interrupting the freedomes of Elections in that Country; For that some of them being Deputy. Lieutenants, and others of them Justices of Peace of the County of Cornwal, writ Letters to this effect. ‘Whereas the safety of the Realm depends upon the Parliament, we the Deputy-Lieutenants and Justices to whose care the County is committed, finding A. and B. fit persons, have desired them to stand to be Knights, whereof we give you notice; and advising Sir John Eliot and Mr Carlton to desist, that they wished them not to be chosen, and menacing them in this manner, but if you go on, we will oppose you by all means, lest his Majesty suspect our fidelity; since you know how gracious you are to his Majesty, and how many waies he hath expressed his displeasure against you. And his Majesty will conceive your Election to be an affront to his service, and so we shall draw the displeasure of the King on us. Our hope is, that you out of conscience and loyalty will not seek this place; and we let you know, that if you do, we will oppose you all we can, &c. And writing Letters to others of the County to this effect. ‘Whereas unquiet Spirits seek their own ends we desire men of moderation may be chosen, and we desire you to give your Voice to A. and B, &c. And for that besides these Letters, they warned the trained Band to attend the day of the election. By which Letters, Menaces, and Practices they were voted guilty, as practising to pervert the freedome of the election of the Knights of that County; and thereupon thus censured by the House. On the 28 of the same May 1628.28 May 1628. Sir John Eliot reputed from the Committee sundry complaints against the Lord Mohun, Vice-warden of the Stanneries in Cornwal, by the Tinners of that County, whereof this was one, That the Tinners in Cornwal, have time out of mind used to elect a Parliament of Tinners, so often as there is occasion, Edition: current; Page: [7-361b] summoned ever in this manner, The Lord Warden of the Stanneries grants his Commission to the Vice-Warden, who thereupon directs Sommons to the 4 Maiors of the 4 Divisions of the Stanneries, appointing them to elect within every Division, 6 Tinners to be elected by the Maior and his Corporation; and so the parties elected are returned to serve in their Parliament. That the Lord Mohun being Vice-Warden at Christmas then last past, sent his Warrant to the 4 Maiors, commanding them to elect such and such Persons by name to be Tinners for the Parliament. The Maiors obeyed, and summoned the men, who met the 4th of January last. Upon the meeting, the Tinners questioned the lawfulnesse of that Parliament. First, because there was no Commission (from the Lord Warden, but only a Letter) and that for a meeting only to confer. 2. For that the Election was not free and due. VVhereupon that Parliament was dissolved as void. Upon which the Lord Mohun the 5 of February, sent out new Sommons to the Maiors, that they should, reassemble such and such Persons as he named in his Warrant; Who meeting together, he persuaded fourteen of them (against the Protestation of the other ten) to impose the sum of 500l. upon the Tinners, towards the maintenance of their Liberties, as he pretended; and sent forth his Warrants to collect the Money sitting this Parliament. VVhich the Tinners complained of in Parliament, as a great Grievance and impeachment of their privilege, and freedom of their elections and Parliaments; and was so voted by the Commons House, and the Lord Mehun thereupon summoned to answer the charge. Whether the Fredom of many late Elections of Members for this Assemblies in Counties and Burroughs, hath not been perverted, hindered, abolished, by like Letters, Menaces from Whitehall, Major Generals, Captains, other Grandees; by drawing up Troops of armed Souldiers to the places of Election to terrifie the peole, enjoining Edition: current; Page: [7-362a] such and such persons by prescribed Lists, Letters, and otherwise to be chosen, such and such to be opposed and not elected, as being persons disaffected, turbulent, unquiet Spirits, &c. and other indirect practices; (to make up a packed Court-Coventicle, to carry on private designs, instead of a New Free state Parliament) is worthy the inquiry and censure of those whom it most concerns; to preserve and vindicate the Free-dome of Elections, long since established, against such practices, menaces, force and terror, by the Statute of 3 E. 1. c. 5. which enacts, * Because Elections ought to be free, the King commanded upon great forfeiture, that no great Man, nor other, by force of Arms, or by malice or menacing, shall disturb any to make free Election. For violating which Law, and antient custome, the whole Parliament of 1 H. 4. rot: Parliamenti, nu: 36. thus impeached King Richard the 2. when they enforced him to resign his Crown, for his misgovernment in this particular amongst others. That although by the Statute and Custome of his Realm, in the Assembling of every Parliament, his People in all Counties of his Realm, ought to be free, to choose and depute knights for the said Counties to be present in Parliament, and to declare their Grievances, and to prosecute remedies thereupon, as it should seem expedient to them; Yet the said King, that he might be able in his Parliaments more freely to obtain the effect of his rash will, frequently directed his Mandates to his Sheriffs, to cause certain persons nominated by the King himself, as Knights of the County, to come unto his Parliaments. Which Knights verily favouring the King he might easily induce, as he frequently did; sometimes by divers Menaces and tenors, and sometimes by Gifts, to consent to those things which were prejudicial to the Realm, and very burdensome to the People, and specially to grant to the said King a Subsidy for certain Edition: current; Page: [7-362b] years, to the over-great oppression of his people. Which misdemeanour and incroachment upon the freedom of his Subjects elections, and packing of Parliaments for these ends, lost him not only his peoples hearts, but his very Crown, Regal Power and life. Which others who now tread in his footsteps, and exceed him herein, may do well, advisedly to consider, for fear of the like impeachment, and tragical events.

In 11 R. 2. Rot. Claus. dors. 13. The King sent Writs to the Sheriffs of Kent, and all other Sheriffs to summon a Parliament, with this New unusual clause, by reason of the differences between the King and his Nobles. Eligere homines in debatis modernis maxime indifferentes. But this being a Novelty, (contrary to the Freedom of Elections, and the Statute of 3 E. 1. c. 5.) & contra formam Electionis antiquitus usitatæ, et contra libertatem Dominorum et Communitatis regni hadenus obtentam. Ideo, therefore this clause was struck out of the Writs, by order of Parliament ever since. And that Parliament was afterwards repealed, by the Parliament of 21 R. 2. When the Parliament of 6 H. 4. Anno 1404. was to be summoned, the King by pretext of an Ordinance of 45 E. 3. rot. Parl. n. 13 wrote Letters to the Sheriffs and other Officers; * That no Lawyer should be chosen or returned a Knight or Burgesse for the Parliament, yet inserted it not into the Writ, as Walsingham and others mistake. But the very next Parliament after, 7 H. 4. the Commons grievously complained against the interruption of the Freedom of their Elections by these Letters; Whereupon, to prevent the like incroachment and interruption for the future, at the grievous complaint of the Commons, of the undue Election of the Knights of the Counties for the Parliament, which be sometimes made at the affections of Sheriffs and otherwise, against the form of the writs, to the great slauder Edition: current; Page: [7-363a] of the Counties, and hinderance of the businesse of the Comminalty in the said County; it was ordained and establishid* by a special Act yet in force; that all that attend to the Election of the Knights in the full County, shall proceed to the Election freely and indifferently, notwithstanding any Request or Commandement to the contrary. By vertue of which Acts and premises all late Letters to Major Generals and Sheriffs with like or worser clauses to restrein the people in the freedom of their Elections, must be void and illegal. In 18 H. 6. n. 18. A New Election and Writ was awarded and sent to the Sheriff of Cambridge, with proclamation, That none should assemble with names to the New election, nor intermeddle in it without warrant of Law, the former election being vacated by reason of the force and disturbance. Anno 38 H. 6. there was a Parliament summoned at Coventry on the 2. of November, wherein divers Knights and Burgesses were returned by the Sheriffs, nominated onely by the Kings Letters (surreptitiously procured from him by divers seditious and other evil disposed persons, to destroy and suppresse others of a contrary party) without any election by the people: This packed Parliament ordered, That they should stand and serve as Knights and Burgesses, though they were not elected nor duly chosen, and that the Sheriffs should not incurre the penalties of the Statute of 23 H. 3. c. 11. as appears by 38 H. 6. n. 35. and the Statute of 39 H. 6. c. 1. But what was the issue? The very next year a new Parliament being summoned, the first Act they made, was, to declare this Parliament, and all Acts, Statutes and Ordinances made therein, to be null and void, and of no force and effect: Because it was unduly summoned, a great part of the Knights for divers Counties of this Realm, and many Burgesses and Citizens for divers Boroughs and Cities in the same Appearing, were named, returned and accepted, some of them without due and free Edition: current; Page: [7-363b] election, some of them without any election, against the course of the Kings Laws, and the Liberties of the Commons of the Realm; by the means and labours of the said seditious Persons, &c. As the Statute of 39 H. 3. c. 1. (worthy perusal and consideration of this next Assembly) resolves in positive termes, though not one of those then duely elected by the people was secluded. Which I desire all our ignorant violent Swordmen, young Statesmen, and Instrument-makers to take Notice of, for fear all their Conventions, Acts and proceedings prove meer Nullities in conclusion, upon this account of unfree and undue elections, and seclusions of Members duly elected, against Law, and the Parliaments, Peoples Rights and Privileges.

16. In this Parliament of* 3 Caroli, the Attornies of York complained to the Commons House, that King Charles in the second year of his reign had granted to Sir Thomas Mounson by Patent, the sole making of all Bills, Declarations, and Informations before the Counsel of York, and likewise the sole making of Letters Missives and Processe in that Court for 3. Lives. The Committee of Grievances, and after that the whole House of Commons in the Parliament of 18 Iacobi, and after that in the Parliament of 19 Iacobi 29 Novemb. adjudged the like Patent as this made by King Iames to John Lepton 4 Iacobi of this Office, To be a Grievance and Monopoly, both in the creation and execution. And the whole Committee of Grievances, and Commons House upon the Report and full debate of this Patent to Sir Thomas Mounson, adjudged it likewise to be a Grievance, both in the Creation and Execution, in respect of Bils, Declarations, and Informations; though not in respect of Letters and Processe; the sole making whereof the King might lawfully grant upon the erecting of this Court by a special Patent, but being mixed with Bills, Declarations and Informations in the same Patent, they adjudged the whole Patent to be a Grievance, Edition: current; Page: [7-364a] (as they likewise resoved the Earl of Holland his Patent of Exchange, for the sole buying of Gold and Silver, to be a Monopoly and Grievance, both in the creation and execution, June 23. 1628.) And that principally for 3 Reasons. First, because it was a* Monopoly within the Statute of 21 Jacobi, tending to the prejudice of the Attornies of York in their very Profession of making Bils, Declarations & Informations, which they antiently made; and likewise of the people, who must dance attendance on this sole Secretary and his Clerk, til they were at leisure to dispatch their Bils and Declarations. 2ly, Because upon the making of Bils and Declarations men must shew their evidences to this Patentee and his Clerks, and trust them with them, as in cross Bils they must see the evidences of both parties, which would be very mischievous and prejudicial to the Clients. 3ly, Because this would erect a New fee, and bring a New charge upon the people: Which fee Lepton took for the execution of his Patent, though Mounson had not yet taken any New fee. And whether the old Court project (which I formerly twice quashed) now about to be revived, as I hear, of erecting Registers in every County, to record all Morgages, Feoffments, Leases, Sales of Lands, Statutes, Fines and Obligations made therein, to prevent fraudulent conveyances, and other mischiefes, as the Projectors pretended; but in truth to put a new charge, fee, and intollerable vexation upon all sorts of people, to their intollerable prejudice, and vast expence of many thousand pounds a year for fees, and travelling charges, which these Projectors only aim at for their private Lucre, and to discover all mens real and personal Estates (as King Richard the first, and his Successors did the English Jews estates and wealth, by the self-same device, and then seised and confiscated them at their pleasures; as you may read at large in the First and Second part of my Short Demurrer to the laws long discontinued barred Remitter into Edition: current; Page: [7-364b] England,) will not prove a greater Grieviance than this Patent, for the self same reasons, and sundry others. Whether the Committee for sole approbation of Ministers to livings, who must all post up to London, and there dance attendance sundry weeks or Months to their vast expence; and oft times return at last without their expected preferments, without any sufficient cause alleged either to their Patrons or themselves, being held fit for other livings, but not for those to which they are presented especially if benefices of good value or note, to which some of the Approvers their Friends or kinred have an eye). And the New fees there paid to their Clark and Register for approbations and admissions, be not as great a Grievance and Monopoly, as this of Lepton and Mounson, fit to be redressed; I refer to the approaching Assemblie, and others to resolve, upon full debate, and sundry complaints I have heard made by divers against their Proceedings, and New erected Fees; which cannot be created but by act of Parliament, as is resolved 13 H. 4. 14 Brook Patents 100. Fitzh. Nat. Brev. f. 122. Cook 11 Report. Darcies Case fol. 86. b.*

17. They appointed a* special Committee to hear, examine, report, punish the manifold complaints of the Counties, and Corporations of England, against the New exorbitant power and proceedings of Lieutenants and Deputy-Lieutenant, in quartering Souldiers in mens Houses against their wills, in imposing rates and taxes on the Country without Act of Parliament for the payment and billetting of Souldiers, and levying them by Souldiers on such as refused to pay them, by quartering Souldiers upon them till paid, or imprisoning, or vexing the Refusers. For which these Lieutenants, Deputy-Lieutenants, and Officers of the Souldiers were sent for as Delinquents, and their New power and proceedings voted to be contrary to Law, and the Subjects Liberties, Pernicious to the Country, and dishonorable to the Edition: current; Page: [7-365a] King. And whether the late erected New Powers of our Major Generals, and their Deputies throughout England be not such (in imitation of(o) Wil. Longchamp the first Protector in the Reign of Richard the first, who placed in every County armed Troops of Mercinary Souldiers, under New Governors of their own Creatures, to over-awe and enslave the People, and impose what Taxes and exactions he pleased, under pretext of preserving the publick Peace, and suppressing theevs and Tumults, yet was shamefully stript of all his Authority, and forced to flye over Sea, disguised in womens apparel, within one year after, notwithstanding all his Guards, or Garrisons; or of the(p) Turkish Bashawes, and Beglerbegs, as most Patriots of their Countries Freedome, and the ordinary people mutter) and their exorbitant Tyrannical proceedings in apprehending, taxing, decimating, dis-officing, dis-franchising, and sequestring all sorts of men in Counties and Corporations at their pleasure; in controuling all Officers and Ministers of Justice; in intermedling with all mens sutes and causes upon any informations, or Petitions, after Judgements, Verdicts, Decrees, and whiles pending or ended in any Courts of Law or equity; in summoning the parties to appear, before them, and committing, menacing them for not appearing; in usurping all the Civil as well as Military Power and Jurisdiction into their own hands; in levying illegal Taxes by Souldiers, and quartering them upon Refusers, (adjudged High Treason in Straffords Case, for which he lost his Head) sequestring Ministers at their pleasures, and taking upon them to nominate all Iurymen, and New Parliament men to the Sheriff, as some of them have done, and commit men to Prison upon civil causes or sutes; I leave to all such who have taken the Protestation, the solemn League and Covenant, to all Lovers, Patrons of English Liberties, and Declamers, Engagers against arbitrary Tyranny, yea to Edition: current; Page: [7-365b] the Consciences of all those army Officers, Souldiers, and Major Generals themselves to resolve, who were penners, subscribers, approvers, applauders of, or assenters to the printed Engagements, Remonstrances, Representations, Proposals, Desires, Letters, and Resolutions for setling this Nation in its just Rights, the Parliament in their just Privileges, and the Subjects in their just Liberties and Freedoms, published in the name of the General and General Councel of the Army, and of all officers and Souldiers of the Army, in one Volume, London 1647. Which how sincerely they have since (for the most part of them) performed, let God, their own consciences, and our whole Nation determine. To expiate which former guilt, let them now at last upon second and sober thoughts, effectually make them all good, to avoid the perpetual infamy of the most detestable Perjury, Treachery, Hypocrisy, Fraud, Impiety, Apostacy, Tyranny, Atheism that ever any Christian Saint-like Army and Officers were guilty of in the eyes of God or men, which else they will incurre: and for the present settlement of our three Nations, in their Liberty, Peace, and Christian Unity, without more effusion of English, Scotish, or Irish bloud, to regain those just fundamental old Rights, Liberties, Privileges, Freedoms, Laws, for which they first took up Arms (in reality or pretence at least) against the beheaded King, transmitted to them by their Ancestors, and their richest Birth-right, and best Inheritance, as therefore most unfit to be all betray’d, surrendred, lost, subverted now, without any further dispute, after so many years conflicts for their preservation.

I shall close up all with this memorable Petition of the whole House of Commons to the late King, by the Speaker and whole House at Whitehall (concerning the intolerable Grievance of billetting and keeping of Souldiers Edition: current; Page: [7-366a] amongst them, but for a few months only) in that Parliament of 3 Caroli, April 24. 1628. which the King then granted, and provided against for the future, in the Petition of Right (though since condemned(q) as the worst and greatest of Tyrants by some, who succeeed him at Whitehall) And therefore is much more just and reasonable to be granted by them now, for the Peoples ease, after so many years of incessant Contributions, quartering and continuing of armed Mercinary Souldiers amongst them, Winter and Summer, without any actual imployment for them, but to tertifie, seize, imprison, Guard, oppresse, enthrall, impoverish, dis-inherit of all hereditary Liberties, rights, privileges, our English Freemen at their pleasures, and to over-awe, force, dissolve, even Parliaments themselves, and secure, seclude their Members, for whose Protection they were first raised; VVhen as the Parliament of 5 R. 2. rot. Parl. n. 1. was adjorned for 3 days space, because great force of armed men, and others arayed in Warlike manner, came to the Parliament, by reason of the great debate between the Duke of Lancaster and the Earl of Northumberland. And the Parliament of 11 R. 2. & 21 R. 2. were both repealed, because they were held with many armed men, and Archers, who over awed, enforced them to consent to bills against their wills: as the printed Statute of 21 R. 2. c. 12. & 1 H. 4. rot. Parl. n. 20, 21, 22, 38, 70. at large inform us; so inconsistent are force and arms with the freedome and essence of a true English Parliament; as the armies Confederates in their own Ordinance of 20 August 1647. the Speakers own printed Letter July 29. 1647. with the Solemn Protestation of the prisoned and secluded Members, December 11, and Febr. 13. 1648. will further resolve the Nation, and Souldiers, against whose billetting, and scatering abroad in companies here and there, in the heart and bowels of the Kingdome, to inthrall and oppresse Edition: current; Page: [7-366b] it, the whole Commons House then thus petitioned.

To the Kings most excellent Majesty:

IN all humblenesse complaining, sheweth unto your most Excellent Majesty, your loyal and dutiful Commons now in Parliament Assembled. That whereas, by the Fundamental Laws of this your Realm, every Freeman hath, and of Right ought to have, a full and absolute propriety in his goods and estate, and that therefore the billetting or placing of Souldiers in the House of any such Freeman against his VVill, is directly contrary to the Laws under which we and our Ancestors have been so long and happily Governed. Yet, in apparent violation of the said antient and undoubtted Rights of your Majesties Loyal Subjects of this your Kingdome in Generall, and to the grievous and insupportable vexation and detriment of many Counties and persons in partcicular, A new and almost unheard of way hath been invented and put in practice to lay Souldiers upon them, scattered in companies here and there, even in the heart and bowels of this Kingdome, and to compell many of your Majesties Subjects to receive, and lodge them in their own Houses, and both themselves and others to contribute towards the maintenance of them; to the exceeding great disservice of you Majesty, the general terror of all, and utter undoing of many of your good people. In so much as we cannot sufficiently recount, nor in any sort proportionably to the sense we have of our present misery, herein are we able to represent to your Majesty, the innumerable mischiefs and most grievous exactions, that by this means alone we do now suffer; whereof we will not presume to trouble your sacred Ears, with particular information. Only most gracious Soveraign, we beg leave to offer unto your gracious view, Edition: current; Page: [7-367a] and compassionate consideration, a few of them in general.

1. The service of Almighty God is hereby greatly hindered, the* people in many places not daring to repair to their Churches, lest in the mean time the Souldiers should rifle their Houses.

2. The antient good Government of the Country is thereby neglected, and almost contemned.

3. Your Officers of Justice in performance of their Duties have been resisted and endangered.

4. The Rents and Revenues of your Gentry are greatly and* generally diminished; Farmers to secure themselves from the Souldiers insolence, being by the clamour and sollicitation of their fearfull and endangered VVives, and Children, enforced to give up their antient dwellings, and to retire themselves into places of more secure habitation.

5. Husbandmen, that are as it were the hands of the Country, corrupted by ill example of Souldiers, are* encouraged to idle life, give over their work, and seek rather to live idlely on other mens charges, than by their own labours.

6. Tradesmen and Artificers almost discouraged, being enforced to leave their Trades, and to imploy their times in preserving their families from violence and cruelty.

7. Markets unfrequented, and our waies grown so dangerous, that your people dare not passe to and fro upon their usual occasions.

8. Frequent Robberies, Assaults, Burglaries, Rapes, Rapines, murders, barbarous cruelties, and other late most abominable vices, and outrages, are generally complained of from all parts where these companies have been and made their abode; few of which insolencies have not been so much as questioned, and fewer, according to their demerit, punished.

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These, and many other lamentable effects (most dear and dread Soveraign) have, by this billetting of Souldiers, already fallen upon your loyal Subjects, tending no lesse to the dis-service of your Majesty, than to their own impoverishing, and distraction. So that thereby they are exceedingly disabled to yield your Majesty those supplies for your urgent occasions which they heartily desire. And yet they are more perplexed with the apprehensions of more approaching dangers. One in regard of the Subjects at home; the other, of Enemies abroad. In both which respects, it seems to threaten no small calamity.

For the first, the meaner sort of your People being exceeding poor, whereof in many places are great multitudes, and therefore in times most setled, and most constant administration of Justice, not easily ruled, are most apt upon this occasion to cast off the reigns of Government, and by themselves, with those disordered Souldiers, are very like to fall into mutiny and rebellion. Which in faithful discharge of our Duties we cannot forbear most humbly to present unto your high and excellent Wisdom, being possessed with probable fears, that some such mischiefs will shortly ensue, if an effectual and speedy course be not taken to remove them out of the Land, or otherwise to disband those unruly Companies.

For the second, we do humbly beseech your Majesty to take into your Princely consideration, that many of those Companies, besides their dissolute dispositions and carriages, are such as professe themselves* Papists; And therefore to be suspected, that if occasion serve, they will rather adhere to a foreign Enemy, (if of that Religion) than to your Majesty their Liege Lord, and Soveraign: especially some of their Commanders and Captains, being as Papistically affected as themselves, and having served in the wars on the part of the King of Spain or Arch-Dutchess against your Majesties Allies; Edition: current; Page: [7-368a] Which, of what pernicious consequence it may prove, and how prejudicial to the safety of all your Kingdom, we humbly leave to your Majesties high and Princely Wisdom.

And now upon these and many more which might be alleged, most weighty and important reasons, grounded upon the maintenance of the worship and service of Almighty God, the continuance of your Majesties high Honor and profit, the preservation of the antient and undoubted Liberties of your people, and therein of justice, industry, and valour, which concerns the glory and happinesse of your Majesty, all your Subjects, and the preventing of imminent Calamity, and ruine both of Church and Common-wealth; We your most humble and loyal Subjects, the Knights, Citizens, and Burgesses of the House of Commons, in the name of all the Commonalty of your kingdom, who are on this occasion most miserable, disconsolate, and afflicted, prostrate at the Throne of your Grace and Iustice, do most humbly and ardently beg for the present removal of this unsupportable Burthen, and that your Majesty would be graciously pleased to secure us from the like pressure in time to come. Which King Charls then did by the Petition of Right, which I shall here insert; because almost quite forgotten by most men like an old Almanack out of date, especially by our Grandees.

To the Kings most excellent Majesty.

HUmbly sheweth, unto our Soveraign Lord the King, the Lords Spiritual and Temporal, and Commons in this present Parliament assembled; That whereas it is declared and enacted, by a Statute made in the time of King Edward the 1. commonly called Statutum de Tallagio non concedendo; That no Tallage or Aid shall be taken or levied by the King or his heirs in this Realm, without the good will or assent of the Edition: current; Page: [7-368b] Archbishops, Bishops, Earls, Barons, Knights, Burgesses, and other the Freemen of the Commonalty of this Realm. And by an Authority of Parliament holden the 25 year of the reign of King Edward the 3d. it is declared and enacted; That from thenceforth, no person should be compelled to make any loans to the King against his will, because such Loans were against reason, and the Franchises of the Land. And by other Lawes of this Realm it is provided; That none shall be charged by any Charge or Composition, called a Benevolence, nor by any such like Charge. By which Statutes before mentioned, and other the good Laws and Statutes of this Realm, your Subjects have inherited this freedom: That they should not be compelled to contribute any Tax, Tallage, or Aid, or other like Charge, not set by common Assent by Act of Parliament. Yet neverthelesse of late divers Commissions (directed to sundry persons in several Counties, with their instructions) have issued, by pretext whereof your people have been in divers places assembled, and required to lend certain sums of mony to your Majesty. And many of them upon their refusal so to doe, have had an Oath not warranted by the Laws and Statutes of this Realm administred unto them; and have been constrained to become bound to make appearance, and to give attendance before your Privy Counsel at London, and in other places: and others of them have been therefore imprisoned, confined, and certain otherways molested and disquieted; And divers other charges have been laid and levied upon your people in several Counties, by Lord Lieutenants, Deputy Lieutenants, Commissioners for Musters, Justices of Peace, and others, by command or direction from your Majesty, or your Privy Counsel, against the Laws and free Customs of the Realm.

And whereas also by the Statute called the Great Charter of the Liberties of England, it is declared and enacted, That no Free-man may be taken or imprisoned, or be disseised of his Freehold or Liberties, or free Customs, Edition: current; Page: [7-369a] or be outlawed, or exiled, or in any manner destroyed, nor passed upon, nor condemned, but by the lawfull Iudgement of his Peers, or by the Law of the Land. And in the 28 year of King Edward the 3. it was enacted and declared by an Authority of Parliament, that no man of what State or condition soever, shall be put out of his Lands or Tenements, nor taken, nor imprisoned, nor disinherited, nor put to death, without being brought to answer by due process of Law. Neverthelesse against the Tenor of the said Statutes, and other the good Laws and Statutes of your Realm to that end provided; divers of your Subjects have of late been imprisoned without any cause shewed: and when for their deliverance they were brought before your Justices, by your Majesties write of Habeas Corpus, there to undergo and receive as the Court should order; and the Keepers commanded to certifie the causes of their deteiner; no cause was certified but that they were deteined by your Majesties special command, signified by the Lords of your Privy Council: And yet were returned back to several Prisons without being charged with any thing, to which they might make answer according to Law.

And whereas of late great companies of Souldiers and Mariners have been dispersed into divers Counties of the Realm, and the Inhabitants against their Wills have been compelled to receive them into their Houses, and there to suffer them to sojourn, against the Laws and Customes of this Realm, to the great Grievance and Vexation of the people. And whereas also by authority of Parliament, in the 25 year of King Edward the third, it was declared and enacted: That no man should be forejudged of life or limbs against the form of the Great Charer: And by other the Laws and Statutes of this Realm, No man ought to be adjudged to death, but by the Laws established in this your Realm, either by the Customes of the same Realm, or by Act of Parliament. Edition: current; Page: [7-369b] And whereas no Offender of what kind soever is exempted from the proceedings to to be used, and punishments to be infflicted by the Laws and Statutes of this your Realm. Neverthelesse of late time, divers Commissions under your Majesties Great Seal have issued forth, by which certain Persons have been assigned and appointed Commissioners, with Power and authority to proceed within the Land, according to the custome of Martial Law, against such Souldiers or Seamen, or other dissolute Persons, joining with them, as should commit any Murther, Robbery, Felony, Mutiny, or other Outrage or misdemeanour whatsoever; and by such Summary Course and Orders as is agreeable to Martial Law, and as is used in Armies in time of Wars, to proceed to the Trials and condemnation of such Offenders, and them to cause to be executed and put to death, according to the Law Martial. By pretext whereof, some of your Majesties Subject, have been by some of your Majesties Commissioners put to death, when and where, if by the Laws and Statutes of the Land, they had deserved death, by the same Laws and Statutes also they might, and by no other ought to be judged and executed. And also sundry grievous Offenders by colour thereof, claiming an exemption, have escaped the punishments due to them by the Laws and Statutes of this your Realm, by reason that divers of your Officers and Ministers of Justice have unjustly refused or forborn to proceed against such Offenders according to the same Laws and Statutes, upon pretence, that the said Offenders were punishable only by Martial Law, and by Authority of such Commissions as aforesaid. Which Commissions, and all other of like nature, extended to any except Souldiers, or Mariners, or to be executed in time of Peace, or when or where, your Majesties Army is not on foot, are wholly and directly contrary to the said Laws and Statutes of this your Realm.

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They do therefore humbly pray your most excellent Majesty, that none hereafter be compelled to make or yield any gift, Loan, Benevolence, Tax, or such like charge, without common consent by Act of Parliament: And that none be called to make answer, or take such Oath, or to give attendance, or be confined or otherwise molested or disquieted concerning the same, or for refusal thereof; And that no Freeman in any such manner as is before mentioned, be imprisoned or deteined; And that your Majesty would be pleased to remove the said Souldiers, and Mariners, and that your People may not be so burthened in time to to come; And that the aforesaid Commission for proceeding by Martial Law may be revoked, and anulled; And that hereafter no Commission of like nature may issue forth to any Person or Persons whatsoever, to be executed as aforesaid; left by colour of them any of your Majesties Subjects be destroyed or put to death, contrary to the Laws and franchises of the Land.

All which, they humbly pray of your most excellent Majesty as their Rights of Liberties, according to the Laws and Statutes of this Realm; And that your Majesty would also vouchsafe to declare, that the awards, doings, and proceedings to the prejudice of your People in any of the premises, shall not be drawn hereafter in consequence, or example; And that your Majesty would also be graciously pleased for the futher comfort, and safety of your People, to declare your Royal Will and pleasure, That in the things aforesaid, all your Officers and Ministers shall serve you, according to the Laws and Statutes of this Realm, as they tender the honor of your Majesty, and the Prosperitie of this Kingdome.

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To which Petition King Charles at last gave this full and satisfactory Answer: Soit droit sait come il est desire par le Petition: that is, Let All Right be done as it is desired by the Petition. To the unspeakable joy of this Parliament and all his Subjects. Adding withall thereunto: I assure you my Maxim is, That the Peoples Liberties strengthen the Kings Prerogative: and that the Kings Prerogative is to defend the Peoples Liberties.

The benefit of which most excellent Law, Petition, and of all the precedent Parliamentary Votes, Lawes (with the present repealing, and vacating all Acts, Votes, Orders, Ordinances, Declarations, Resolutions, Iudgements, Instruments repugnant thereunto, as meerly void in Law, by the express Statutes of 25 E. 1. c. 2. 42 E. 3. c. 3. and the Petition of Right) we all now jointly and severally claim as our undoubted Birthrights, and as the Price, Crown, Trophy, Guerdon of all our late Parliamentary Counsels, expended Treasures, Bloudsheds, Wars, Victories, over the real or pretended Enemies of these our just Liberties, Franchises, Rights, Laws, and Introducers of an Arbitrary, and Tyrannicall Government repugnant thereunto (wherein many thousands of the Nobility, Gentry and Commons of the realm of chiefest rank hazarded their estates, bloud, lives in the field, as well as the Army-Officers, to preserve and enjoy the forementioned fundamental Laws, Liberties, Rights and Properties) which we hope no true-bred English Freeman or Swordman whatsoever can have the hearts or faces to deny unto us, against all their former Protestations, Remonstrances, Vows, Oaths, Covenants, Engagements, both to God and the English Nation, for fear of being made shorter by the head, as the most perfidious Traytors, or rolled into their graves in bloud by the over-oppressed Edition: current; Page: [7-371a] enraged people, as the most insolent oppressing Tyrants, yea tumbled headlong into Hell flames for all eternity, Soul and Body, by God himself, as the most perjured execrable Hypocrites and Impostors that ever England bred.

Gal. 5. 1, 13, 14, 15. Stand fast therfore in the Liberty wherewith Christ hath made us free, and be not intangled again with the yoke of Bondage. For Brethren, ye have been called into Liberty: only use not Liberty for an occasion to the flesh, but by love serve one another. For all the Law is fulfilled in one word, even this, Thou shalt love thy Neighbour as thy self. But if ye bite and devour one another, take heed that ye be not consumed one of another.

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An Appendix to the Premises

IT hath been the antient Plot, and long agitated design of Robert Parsons, and other Iesuites and their Instruments, under pretext of reforming the Common Laws and Statutes of England, to alter, subvert abolish the Great Charter, Common fundamental Laws of the Land, and principles of Government, whereon the Iustice of the Kingdom, and Liberty and Property of the Subjects are established; as I have irrefragably proved at large, by Robert Parsons his Memorial for Reformation of England, written at Sevil in Spain, An. 1590. by William Watson (a seminary Priest) his Quodlibets, printed 1601. p. 92, 94, 95, 286, 330, 332. A Dialogue between a secular Priest and a Lay-Gentleman, printed at Rhemes 1601. p. 95. William Clark (a Roman Priest) his Answer to the manifestation of Father Parsons, p. 74, 75. Robert Parsons own manifestation of the folly, and bad Spirit of certain in England, calling themselves Secular Priests, f. 55. to 63. Mr. Thomas Smith his Preface to Mr. Iohn Daillae, his Apology for the Reformed Churches: Cambridge, 1653. p. 12, 13, &c. The Declaration of the whole House of Commons, 15. Decemb. 1641. Exact. Collection, p. 3, 4. Ludovicus Lucius, Historia Iesuitica, p. 318, 319, 535. and other Evidences in my Epistle to A seasonable, Legal, and Historical Edition: current; Page: [7-372a] Vindication of the good old fundamental Liberties, Rights, Laws of all English Freemen; and to A New Discovery of Free-State Tyranny, to which for Brevity I refer the Reader. That it hath been the Souldiers and Anabaptists design, endeavour, to put this their Iesuitical Plot against our Laws in execution, under pretext of reforming the corruptions in the Law, and Lawyers, by the Tutorship of the disguised Iesuites (swarming amongst us, and having a Consistory and Councel abroad, that Rules all the affairs of the things of England; as their own General, O. Cromwell himself avers in positive terms to all our three Nations, and the world, in his printed Speech in the painted Chamber, September 4. 1654. p. 16, 17.) I have there likewise demonstrated, and is so experimentally visible to all men by their frequent Consultations, Committees, Treatises, Discourses, Votes, and Instruments set on work, to regulate our Laws, that it needs do further proof.

The excellently connaturalness, conveniency of the Laws of England to Englishmens tempers, is so fully expressed, demonstrated by Fortescue, in his Book De laudibus Legum Angliæ, Glanvill, Britton, and others of antient, and by Sir Iohn Davies in his Epistle to his Irish Reports, Sir Edward Cook in his Epistles to his Reports, Institutes, with others of later times: by the very New Modellers of our old hereditary Kingdom, into a puny Free-State, in their Remonstrance of March 17. 1648. and by Mr. Iohn Pym, and Mr. Oliver Saint-John, in their late Parliamentary Speeches, printed by the Commons House special Orders; that I shall not spend waste-paper to commend them, being the most excellent Laws of all others in the world, as they all unanimously resolve. I shall only adde to their Encomiums of them: That the extraordinary care, diligence of our Ancestors, and all our Parliamentary Councels in former ages, to maintain, Edition: current; Page: [7-372b] preserve, defend and transmit to posterity those good old Laws we now do or should enjoy, with the last long Parliaments impeaching, beheading Strafford and Canterbury for Arch-traytors for endeavouring to subvert them with their innovations on the one side, and the late King and his Partisans on the other side, in above* 500 printed Declarations, Orders, Ordinances, Proclamations, Remonstrances; that the principal end of all their consultations, arms, wars, taxes, Impositions, expences of infinite Treasure and Bloud, in all the unhappy contests against each other; was inviolably to defend, maintain our Laws and the Subjects Liberties, secured by them as their best Patrimony, Birthright, and Inheritance; the inserting thereof into all their Generals and Military Officers Commissions, and all Ordinances, to raise monies for the Armies pay: is an unswerable evidence of their transcendent excellency, utilility, preciousnesse, value, esteem, in the eyes of our Parliament and whole Nation: And a convincing Discovery of the Iesuitical Infatuation, folly, frenzy, treachery of those Swordmen and their Confederates, who now revile, traduce, and endeavour all they may, to reform, alter, subvert those very Laws, and Liberties which they were purposely commissioned, waged, engaged inviolably to defend, both by the Parliament, and People, and for which end they formerly professed, declared in many printed* Romonstrances of their own, they fought and hazarded their lives in the field; yet now would conquer, and trample under feet, as if they had only fought against them and our hereditary Liberties confirmed by them.

I must confess, there are some few Grievances, Abuses, not in the Theory, but Practice of our Laws (introduced by dishonest Attorneys and Sollicitors for the most part) fit to be redressed by the Iudges of the Law, (as some of them have been upon complaint) Edition: current; Page: [7-373a] which I my self had many years since reformed (as I told Mr. Shepheard upon his fore-mentioned motion to me) had not those Army-men violently pulled me with other Members out of the House; and interrupted the settlement, peace, liberty, ease from taxes, excises, and good Government of the Kingdome, by a happy close with the late King, upon more safe and honourable terms of Freedom and happiness to the whole Nation and our Parliaments, than ever we can hope for from our New Governours or Sword-men; to usurp the Soveraign Power of King and Parliament into their own hands, and perpetuate our Wars, Taxes, Excises, Armies, and Military Government upon us, from generation to generation, as experience now manifests beyond contradiction, not for the peoples safety, ease, wealth, tranquillity, as they then pretended: which people though they then cried up,* voted for the only Supreme Authority; their free elections for the only Basis of all lawfull Magistracy, Power, in and over the Nation, and their safety as the Supreme Law; yet now they imperiously trample upon as their conquered slaves, and both by their publike speeches, actions, proclaim to all the world, They now no more value them than they doe the very Acorns of the Swine, or dust of their feet, no further than they are subservient to their own aspiring designs, and selfish ends.

For those few remaining Abuses in our Laws execution yet unredressed by former Laws, as they no waies concern the army, or army-Officers as Souldiers, being out of their calling, Commission, and fit only for Iudges, or Parliaments in their defaults, to redresse: So they concern not the generality of the People (many thousands of them having no sute at Law in all their lives, and the most of them very rarely) but for the most part only some Litigious, contentious persons, who out of their pride and animosity, occasion these abuses, and prolongations of sutes in Law, which they Edition: current; Page: [7-373b] and others complain against, and therefore are justly punished and rewarded by them; the expensivenesse and tediousnesse of their Law sutes, being the best means to correct, cure their contentious malicious spirits: other sutes between peaceable persons being soon determined without any great expence, or length of time, if diligently prosecuted by honest Lawyers, Attorneys, and Sollicitors.

But the Grievances these Martial Reformers of our Laws have introduced, under pretext of reforming some petty Abuses in the practice of the Law and Lawyers, are of a far more grievous, generall, and transcendent nature, subverting the very Fundamental Laws and Liberties of the whole Nation; and burthening them with two or three Millions of extraordinary Taxes, Expences every year, whereas all the abuses in the Law if rectified, amount not to above 5 or 6 thousand pounds a year at the most, and those voluntarily expended by litigious persons, not exacted from, or imposed upon any against their Wills, as Taxes, Excises, Imposts, Tunnage and Poundage now are by the Souldiers, without Act of Parliament against our Laws. Which if redressed by the Swordmen now, is not out of any affection towards, or design to ease the People, but out of spleen to the Profession and Professors of the Law, and to increase the Peoples monthly Taxes to the Souldiers, and maintenance of their new war, to tenfold the value every year at least, to what they now expend in Law-sutes by reason of these abuses they would now redresse; which will be nothing so grievous, expensive to the People, as those alterations they intend to make in our Laws and legal conveyances, which will but multiply Sutes, and draw all mens estates into future sequestration in few years space.

There are four things specially provided for by our Fundamental Laws, and the original constitution of Edition: current; Page: [7-374a] our Government, which principally concern all the Freemen of England in General, above all things else.

1. The Privileges and Fredome of their Parliaments and their Members.

2. The safety and liberty of their Persons.

3. The propriety of their Estates.

4. The Free course of Common Law, Right, Justice.

All which our Army Reformers have lately violated in the highest degree, beyond the Presidents of the worst of former ages, against all Laws of God and the Land, their own Commissions, Trusts, Declarations, Protestations, Vowes, Leagues, Covenants, Engagements, without any colour of lawful Authority; to the whole Nations intollerable Grievance, Injury, Oppression, Impoverishing, enslaving, and yet would be reputed the only just, upright, faithful, righteous, conscientious Protectors, Reformers of our Laws, Grievances, government, and Gods most precious Saints; and all others meer Malignants or Disaffected persons to Liberty and Reformation, who oppose or dislike their proceedings, secluding them out of their New Parliaments as such, when elected most freely by the People.

1. For the Privileges, Freedom of Parliaments, and their Members, formerly held most sacred and inviolable,(c) They have in their own and the Armies name, impeached, imprisoned, suspended from sitting, many Members of both Houses; marched up professedly against them; contrary to their Trusts, Commands, and the expresse Statutes of 5 R. 2. c. 4. 5 H. 4. c. 6. 8 H. 6. c. 1. 4 H. 8. c. 8. forced them to retract their own Orders, Votes, Ordinances; eject, imprison their own Members, and Vote what they prescribed them. Since which they imprisoned, close imprisoned my self, with sundry other Members, in remote Castles, sundry years, without any cause, hearing, or recompence Edition: current; Page: [7-374b] for this transcendent injustice; And not content herewith, they contrary to both Houses Votes seised, impeached, abused, condemned, beheaded the late King,(d) The head of the Parliament; suppressed, abolished the whole House of Lords, the antientest, chiefest Members of it; secured, secluded the greatest part of the Commons House; and forcibly dissolved the Parliament it self by the Sword, without any writ, contrary to an expresse act of Parliament. And how they have disturbed, secluded, abused, dissipated, dishoused their own mock-Parliament, and their Members even in the like manner; How they and their new Instruments have New-modelled that they now call our Parliaments; how they have deprived many antient Burroughs, Cities, of their right of electing Burgesses, or of so many Burgesses as they ought, contrary to their Charters, and the expresse Statutes of 5 R. 2. c. 4. 1 H. 5. c. 1. 32 H. 6. c. 15. 9 H. 8. c. 18; disabled many thousands of their Votes in Elections, who have Voices, and enabled others to be Electors who have no Votes by our Laws; incorporated Scotish, and Irish Knights, Burgesses as Members into their late Parliaments, and interrupted the Freedom of Elections, by Letters, Menaces, armed Troops, Soldiers, and other indirect means, against the Statute of 3 E. 1. c. 5. the great Charter, and Constitutions, Laws, Rights, Privileges of our Parliaments; (to make what Persons and Number of their own creatures they please, a pretended Parliament, to blind our three Nations (by colour of a void, illegal Instrument, made sodenly by a few Privadoes of their own in a corner; having no more legal force to bind our three Nations or Parliaments, than a Fiddle-string, or the new Cords wherewith the uncircumcised Philistines by their treacherous Dalilah bound Sampson of old; which he brake from off his arms like a threed, Judg. 16. 12.) All which is so well known to themselves, and others, that I shall not insist any further Edition: current; Page: [7-375a] thereon. And are not all and every of these far greater abuses, & of more general important concernment to the whole Nation, than any they would now reform, or declaim against in our Laws, or Lawyers? fit now to be redressed? being adjudged no lesse than High Treason in others; not only by the* Parliaments of 4 E. 3. n. 1. 21 R. 2. cap. 12. 1 H. 4. rot. Parl. n. 21, 22. 31 H. 6. c. 1. 3 Jac. c. 1, 2. and in Chaloners and Tomkins case June 14. 1647. in the last Parliament of King Charles, A Collection of Ordinances, p. 200. to 206. but likewise by the Army Officers(e) themselves; yea the very ground-work of all the uncapabilities, penalties, sequestrations, decimations, forfeitures, they have imposed on others for levying warre, and adhering unto the late King against the Parliament; which they but mediately and indirectly opposed and warred against, but themselves immediately, actually, directly warred upon, seised, secured, dissolved, destroyed, against their Trusts, Commissions to defend both the Parliament and the Members of it from force and violence: and therefore are the* far greater Delinquents, and uncapable to give any voice to elect any Members, or to be elected or sit in the three next Parliaments, by their own self-condemning Censures, Declarations,(f) New instruments, and Verdicts passed against others; and by St Pauls own Verdict, Rom. 2. 1, 2, 3. are inexcusable, and shall not escape the judgement of God: though they escape the sentence of all humane Tribunals, for their offences of this nature.

2. For the safety and liberty of their Persons, these Army-Reformers have contrary to the Great Charter, all other Fundamental Laws, Statutes, the Petition of Right it self, and premised Votes in the Parliament of 3 Caroli, in New-created Military Courts of Iustice, impeached, condemned, executed not only the late King and sundry Nobles, but likewise Edition: current; Page: [7-375b] Knights, Gentlemen, and other Freemen of all rancks, callings, without any lawfull Inditement or Tryal by their Peers, for offences not capital by our known Laws; Forcibly apprehended by armed Troopers, the Persons of Parliament-men, Noblemen, and others of all sorts; imprisoned, close-imprisoned them in remote Castles, under armed Guards, and translated them from one Castle to another, and my self amongst others, without any legall examination, accusation, hearing, or cause expressed; banished some, and imprisoned others, (yea some of their own Military-Officers, and greatest Friends) in those forein Isles, Castles, (whither the Prelates and Old Council-Table Lords, banished me and my fellow-brethren heretofore) without any legal Sentence; imprisoned, close imprisoned thousands at a time upon sudden carnal fears and jealousies (unbeseeming Saints, Christians, or men professing so much faith, confidence in God, and such signal ownings both of their Persons and present Powers by God himself, as they have done in publick or private from time to time, and having an whole Army to guard them) and dragging them out of their Houses, beds, in the night by Souldiers, and shutting them up in inconvenient places; banished multitudes from time to time, from London and other parts, for sundry months together; confined others to certain places; impressed thousands for Land and Sea-services, and forein imployment (as well Apprentices as others) against their wills, and carried them away perforce to, and others from forein Plantations, to the Indies, where they have lost their limbs, lives, to the ruine of their families and Masters. Degraded all our Nobles without any lawfull cause or hearing, of all their personal, hereditary Powers, Trusts, Commands: Disfranchised, disofficed Judges, Justices, Recorders, Maiors, Aldermen, Common-council-men, Freemen, Servants, and many such very lately even by Major Generals, and their Deputies Edition: current; Page: [7-376a] at their pleasures, taking far more Authority upon them now in all places in this and other kinds, than ever any Kings of England did, in late or former ages. And that which transcends all Presidents, imprisoning Lawyers themselves, as grand Traytors, and Delinquents in the Tower of London, only for arguing their Clients Cases, according to their Oaths, Duties, in defence of their Common Fundamental personal Liberty and property, when illegally committed for refusing to pay unjust Excises and Imposts, without Act of Parliament, in the late case of Mr. Cony, and threatning to imprison others for prosecuting lawfull sutes: when as the late King they beheaded for a Tyrant, freely permitted my self, and other Lawyers, to argue the cases of Knighthood, Loans, Shipmony, Imposts, Tonnage and Poundage, which so much concerned him, without imprisonment or restraint. And are not these, with the denying Habeas Corporaes to some, stoping the returning, or benefit of them when returned, to others, far greater Grievances, Abuses (which concern every Subject alike, and strike at the Foundation of all our Liberties) than any these Sword-men dislike or declame against in our Laws or Lawyers? fit now to be redressed. If any private person injure any Freeman in any of these kinds forementioned, he may be remedied and recover damages by an Action of the Case, Trespass, or false Imprisonment; but being thus injured by our New White-hall Grandees, Swordmen, Souldiers, Committees, Excisemen, Major-Generals, their Deputies, or Deputy Deputies, who all imprison, disfranchise, oppresse men at their pleasures, (which[f] none of our Kings could do) he is now left destitute of all relief or recompence by Law, or ordinary course of Justice, and imprisoned by Committees of Indemnity, if he sue, and forced to desist, or release his action, having no Lawyer who durst to plead his cause, for fear of imprisonment, nor Judge to release him, for fear of displacing; such is our present, Edition: current; Page: [7-376b] worse than Turkish Thraldom, under these Grand Reformers of our Laws, and New-found Guardians of our Liberties, crying out aloud to Heaven and Earth for present redresse.

3. For the Propriety of their Estates; so fenced, vindicated, secured by the forecited Parliamentary Votes, Acts, and Petition of Right; alas! what is become of it? Have not these Sword-Reformers forcibly disseised, dis-inherited not only our Kings, Nobles, and other Officers of their Hereditary Honors, Dignities, Offices, Franchises, but likewise them, and thousands more, their Heirs, Successors, Wives, Children, Kinred, of their Palaces, Mannors, Houses, Lands, Possessions, Rents, Revenues, real and personal Estates, without any other Law or Title but (that of Theeves and Pirates, Turks and* Mamalukes) the longest Sword? Against not only all Laws of the Land, but the very eighth and tenth Moral Commandements of God himself, now practically quite expunged out of their Decalogue? And do not all else hold their Lands and Estates as Tenants at will, to these supream new Land-Lords, who upon any New coined Delinquency, or pretended plots, really sequester, or confiscate them at their pleasures by the self-same Law and Title? Yea where as all our Kings in former ages took Aids and Subsidies from our Ancestors only as(1) as their free Gifts and Grants in Parliament, and that in moderate proportions, to wit, one Fifteen, Tenth or Subsidy, and no more in antient times, and but two or three Subsidies and Fifteens of later daies, payable at sundry times, in divers years, for which our Kings returned them hearty thanks in their Answers to those Grants, and granted them New(2) Confirmations of their Laws, Liberties and the Great Charter, when violated, together with beneficial General Pardons in recompence of these their Aids and Subsidies (though for publick uses and defence) which they never claimed nor imposed in the Clergy or Laity, but by their several free Grants Edition: current; Page: [7-377a] in full and free Parliaments, and Convocations of the Clergy, (as all our Parliament Rolls, our imprinted Acts, Histories, and(3) Sir Edward Cook at large inform us) Do not these our New Military Reforming Soveraigns (as if they were more than Kings) without any free gift, grant, or Act of Parliament in a full and free Parliamentary Assembly, by their own New usurped Power, (without any thanks at all to the People, or confirmation of their violated Laws, Liberties, Privileges, or general Pardons) against all former Acts, and Parliamentary Votes, impose both on the Clergy and Laity, against their Wills, (beyond all Presidents of former ages) what excessive heavy monthly Taxes, Excises, imposts, tunnage, poundage, and other payments they please upon the whole Nation, without intermission (which their new-modelled Parliaments themselves must, nor alter nor controll by the 27, 28, 29 Articles of their Instrument) and levy them by armed Souldiers, Violence, imprisonments, quartering, and other great penalties, fines inflicted on the Refusers of them, and dispose of them at their pleasures when levied, without giving any account thereof to the Nation? yea force them to pay their contributions some months before they grow due; when no Land-lord can receive his Rents, nor Creditor his debts to pay these Taxes, till at, or after the time they become due? And all to enslave, impoverish the Nation, to carry on new Wars, without consent of Parliament, and gain new Conquests abroad, whiles in the mean time our Merchants are robbed, undone, our trading decayed by these taxes, wars, and for want of well-guarding the Seas at home. And not content with these ordinary Monthly contributions, excises, imposts, have not these Reformers, without any legal Trial, hearing, conviction of New Delinquency(g) (oft endeavouring to take away all Ministers Tithes, though due unto them Jure divine, as well as by the Law; of the Land) exacted the Tithes of all formerly sequestred persons, their heirs and Widows Edition: current; Page: [7-377b] estates, improv’d according to the best improv’d value, by a late Decimation, (for which there is no divine nor human Law or Right) notwithstanding all former compositions, Pardons under Seal, Articles of War, their own Act of Oblivion, their late instruments of Government, and oath for its observance; besides all our antient Laws, exempting them there from, yea notwithstanding this sacred Canon Ezech. 18. 20. The Son shall not bear the iniquity of the Father; with this Maxim in our Law, Transgressio personalis moritur cum personâ; when as yet many Sons, yea some Infants are merely decimated for their Fathers, and Wives Jointures, Dowers charged for their Husbands delinquencies; Nay which is yet more barbarous, illegal, hundreds of Orthodox, able, godly, learned, Protestant Ministers of our Church, without any hearing or crime at all, for their former expiated pardoned mistake, in being addicted to the late Kings party, are not only turned out of all their livings, lectures, fellowships, schools at once; but likewise prohibited to preach, teach School, in publike or private, or to be entertained as Chaplains in private Houses, to support themselves, wives, children; or to administer the Sacrament, or mary any, under pain of imprisonment, banishment: And may not all our other Protestant Orthodox Ministers, School Masters, Scholars be thus smitten down, and suppressed at once, by the like club-law and justice, of which this President is a very sad presage? Moreover do not these Reformers seise mens Horses, Arms, Swords, fouling, birding pieces, (yea the very Armorets, Chandlers, Arms and Ammuntion, though their stock, wares, trade, livelihood) at their pleasures, upon every pretended plot, fear, jealousie? Yea do not Souldiers, Excise-men and their agents break open, search, ransack mens Houses, Studies, Trunks, Chests, both by day and night, and take away their Goods, Chattels, yea their Writings, Records, Papers, (as they(h) did mine,) at their pleasures, against all Law, and many late Parliament Edition: current; Page: [7-378a] Votes, Nay have not they forced thousands of all sorts to enter into great penal Bonds of late, with sureties, both for themselves and all their Servants, containing strange, unheard-of(i) illegall Conditions, and forced them to pay, some 10s. others 5s. others 2 s.6 d. for every Bond, (an unparalleld oppression) though many of them not worth so much, under pain of Imprisonment, sequestration, and banishment in case of refusal: to omit all other extorted fees by Marshals, Lieutenants, Officers of the Tower, and others, from Prisoners; by Souldiers for levying pretended arrears of Taxes, and of Excise-men, and their Instruments? And are not these more grievous abuses, fit to be redressed, than any coruptions, excesses, fees in Lawyers, or our Laws? No private Person or Lawyers can take one farthing from another against his will, nor do the least prejudice to his reall or personal estate against Law, but he may have present remedy for it. But these New Reformers, by Excises, Imposts, Contributions, Decimations, Sequestrations, and new-invented forfeitures, can forcibly extort, and levy some Millions of pounds from the whole Nation, every year, against their wills, all our Laws, yea strip whole families of their Inheritances, without any remedy by Law or otherwise: yet this must be no grievance or injustice at all in them, though the Highest Treason, and unparadonable crying offences, in Strafford, Canterbury, the old Council-Table, and beheaded King; but a most righteous proceeding, necessary to be still pursued if not now established by a New Law, inabling them still to tax and poll us at their pleasures, without any future Parliaments or redresse.

4. For the free course of the Common Law, Right, and Justice, according to Magna Charta, c. 29. We will deny, nor deferre to no man Justice or Right. It was never so much obstructed in any age by any persons, as by these new Reformadoes of our Laws. Witness their unparalleld late Whitehall Ordinances, touching their illegal Excises: which not only indempnifie Edition: current; Page: [7-378b] all Excisemen, and their Assistants against all actions to be brought against them, or other molestations by all parties grieved; but expresly requiring, injoyning all Courts of Iustice of this Commonwealth, and all Judges and Iustices of the same, Sheriffs, Counsellors, Attornies, Sollicitors, and all other persons to conform themselves accordingly,(k) Without any opposition or dispute whatsoever; So that now no Court of Justice, or Judge must or can right; nor any Lawyer, Attorney, Sollicitor, or other person, plead, argue or prosecute any sute at Law against any illegal Excise, Tax or Imposition, though never so unjust and oppressive; nor against any Levier of them, or imprisoner of refusers of them, under pain of being dis-Iudged, (like Thorp, Nudigate, and Rolls of late) or being committed to the Tower, as Mr. Maynard, Twisden, and Wadham Windham were, for arguing Conies case against these Whitehall Ordinances. A slavery worse than that of the(l) English laws of old; To omit all former inforcements of well-affected plundered persons and others, to release their Actions, Judgements, Executions against Cavaliers, Souldiers, and others, and to pay them dammages, and costs of sute besides, to their undoings, by their Councils of War, and Committees of Indemnity, of which there are hundreds of sad Presidents; I shall only touch their new Major Generals, Captains, Lieutenants, and others late Abuses of this kind, in sending for Lawyers, Attornies, Sollicitors, Parties, by Souldiers and other Messengers, and forcing them by menaces, terror, and threatned imprisonments to release their Actions, Iudgements, Executions, and to referre all sutes depending in Courts of Equity or Iustice, to their own hearing and determination. Their examining, controlling, reversing Orders, Iudgements, Decrees, made not only by Iudges, Iustices, and others, in Courts of Law and Equity, but even by Committees of Parliament, and the Commons House it self: their sending for some persons in Custody who refused to attend them, upon references, and others sundry miles, and making them dance Edition: current; Page: [7-379a] attendance on them from day to day upon bare Petitions and false suggestious of clamorous persons, after several Iudgements, Decrees in Courts of Iustice, Equity, Parliaments, and former references by the late King, seconded with many years quiet enjoyment, for lands recovered against them, to their intollerable expence and vexation. A preparative to ingrosse all Law and Iustice for the future into their own hands alone, and suppresse all Courts of Iustice, Iudges, as dull and uselesse tools, as some of late have stiled them. And are not these far heavier, sadder Grievances, abuses worthy redresse, than any these Reformers complain of in our Laws or Lawyers?

If our Sword-men imagin, their Victorious Successes will still bear them out in all these their illegal extravagances, against all Laws, Tribunals both of God and Men; let them remember, that* Cyrus King of Persia, after his victorious conquests of Astyages, Crœsus, all Asia, and the East, with a great part of Scythia, and 30 years reign, with continual and admirable Successe; was at last (after a great victory over the Scythians) sodenly surprised and slain by Thomyris Queen of Scythia, and his whole old victorious Army of two hundred thousand Persians put every man to the sword, not one of them escaping to bring back tydings of this their admirable universal overthrow and slaughter. After which his head was cut off by the Queens command, and thrown into a Vessel filled with mans bloud, with this exprobation of his cruelty, Satia te sanguine quem sitisti, cujusque insatiabilis temper fuisti. That* Pompey the Great, that glorious and famous Roman, after his Conquests of, and 3. publike Triumphs (decreed him by the Roman Senate) over Europe, Asia and Africa, (the whole known World in that age) which he had subdued, was yet at last conquered by Iulius Cæsar his Corrival, and forced to fly into Egypt; there taken and beheaded by a slave, and his carkass left unburied on the sands, as a prey to the birds and beasts, so that he who formerly wanted earth for him to conquer, now wanted earth to Edition: current; Page: [7-379b] bury him; such was the vicissitude of his fortune (as Paterculus observes.) And not long after this Great Conquerour* Cæsar, was sodenly stabbed to death in the Senate House by his own Friends in whom he most confided, for his ambitious Tyrannical usurpations over the Senate and people; Enough to make all other usurping oppressing Swordmen tremble (not half so great Conquerors as either of these three) notwithstanding all their former successes; which should rather humble and make them more just, righteous towards the people, for whose Lawes and Liberties they pretended they only fought against arbitrary Tyranny, Impositions and Rapine, than more arbitrary, insolent, exorbitant, oppressive than those they fought against, and suppressed; and that upon the consideration of 2 Chron. cap. 10. 2 Kings 14. 8. to 15. Mich. 2. 1, 2, 3, 4, 5, 7, 8, 9, 10. Ierem. 34. 8. to 22. and Rom. 11. 17. to 22. which I desire them seriously to peruse and meditate upon at their leisures.

To these forenamed 4. Generals, I might add their New Voluminous Whitehall folio Edicts, Ordinances, repealing, altering our former Laws and Statutes in many particulars, imposing new Taxes, payments, forfeitures, imprisonments, fines, penalties on the people, and such as shall infringe them; Their converting all Prizes taken by their Men of War, to private Vses, and their publike Treasury, without repairing or satisfying our Merchants Losses by Pyracies and Wars in the first place, by whose Customs and for whose Safety they are principally maintained, and whose damages should be therefore in justice, conscience, first repaired; Major Generals and their Deputies suppressing of Innes, Taverns, Alehouses (like absolute Justices) without any legal Authority, and then setting them up again soon after, through the mediation of Friends or mony: Their riding in circuit with those who are their Iudges to overawe and controll them; their open abetting and countenancing of causes; their great destruction of the timber of the Nation, against sundry Edition: current; Page: [7-380] Statutes, their building of new stately Houses, Gardens, &c. upon the peoples and the publick stock; the sharing of the publike Lands and Revenues of the kingdom amongst themselves, which should defray publike expences, now fit to be reformed, as in former ages; Their making Sectaries and illiterate Swordmen, and other persons of mean quality, who understand neither Law nor Iustice, their Iustices of Peace, and Committee men in sundry places, against former Statutes: Their imposing, administring Oaths to men without any Legal Commission or Law (as every Swordman now presumes) a Præmunire and grand Offence in former ages: With sundry more generals, which I pretermit, the particulars where of would amount to many Baronian Tomes, if at large recorded, being worthy the consideration of the approaching Assembly, if not of reformation. Which Assembly being purposely called, as these Army Officers, and Major Generals report, and some Whitehall Letters import, for the reformation of our Laws, and for the healing and closing up of the wounds, breaches of our distracted, discontented Nations; which my skill in Chirurgery and Politicks, and the method of all former Parliaments assures me can never perfectly be healed and closed up, without danger of relapse & breaking out again with greater pain, danger, violence, unless they be first searched, lanced, and laid open to the bottom, & then perfectly cleansed, and incarnated, without leaving any core or Corruption underneath. I have thereupon (to gratifie Mr. Shepheard, and discharge my bounden duty to my Profession and Country) thus briefly anatomized and laid them open to publike view, to the end they may (through Gods blessing) receive a speedy, sound and perfect, not superficial palliative cure, without any other sinister design. Now the grand Physician both of Souls and States give so effectual a blessing and successe to these few leaves, that they may prove like the leaves of the tree of life, Rev. 22. 2. for the healing of the Nations; That God may not now say of England, as he did once of Israel, Jer. 39. 13, 14, 15. Thy bruise is incurable, and thy wound is grievous, There is none to plead thy cause that thou maist be bound up: thou hast no healing medicins: All thy lovers have forgotten thee; they seek thee not; for I have wounded thee with the wound of an Enemy, with the chastisement of a cruel one, for the multitude of thine iniquities, because thy sins are encreased.

FINIS.

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Edward Sexby

Sexby, Edward

21 September, 1657

30.

7.30 Edward Sexby, Killing, No Murder (21 September, 1657).

Editor’s Introduction

(Placeholder: Text will be added later.)

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William Allen

Allen, William

Oliver Cromwel

Cromwel, Oliver

To his Highness, OLIVER CROMWEL.

May it please your Highness,

HOw I have spent some hours of the leisure your Highness hath bin pleased to give me, this following Paper will give your Highness an accompt. How you will please to interpret it, I cannot tell; but I can with confidence say, my intention in it is to procure your Highness that justice no body yet does you, and to let the people see the longer they defer it, the greater injury they do both themselves and you: To your Highnes justly belongs the honour of dying for the people; and it cannot choose but be unspeakable consolation to you in the last moments of your life, to consider, with how much benefit to the world you are like to leave it. ’Tis then onely (my Lord) the Titles you now usurp will be truly yours, you wil then be indeed the Deliverer of your Country, and free it from a Bondage little inferiour to that from which Moyses delivered his. You will then be that true Reformer, which you would be thought. Religion shall be then restored, Liberty asserted, and Parliaments have those priviledges they have fought for. We shall then hope that other Laws will have place besides those of the Sword, and that Justice shall be otherwise defin’d then the will and pleasure of the strongest, and we shall then hope men will keep Oaths again, and not have the necessity of being false, and perfidious to preserve themselves, and be like their Rulers. All this we hope from your Highness happy expiration, who are the true Father of your Countrey; for while you live, we can call nothing ours, and it is from your death that we hope for our Inheritances. Let this consideration arm and fortifie your Highnesses mind against the fears of death, and the terrours of your evil Conscience, that the good you will do by your death, will something ballance the evils of your life. And if in the black Catalogue of High Malefactor, few can be found that have lived more to the affliction and disturbance of Mankind then your Highness hath done, yet your greatest Enemies will not deny but there are likewise as few that have expired more to the Universal benefit of Mankind, then your Highness is like to do. To hasten this great good, is the chief end of my writing this Paper; and if it have the effects, I hope it will, your Highness will quickly be out of the reach of mens malice and your Enemies will onely be able to wound you in your memory, which strokes you will not feel. That your Highness may be speedily in this security, is the universal wishes of your grateful Countrey. This is the desires and prayers of the good & of the bad, and it may be the onely thing where in all Sects and Factions do agree in their Devotions, and is our onely common prayer. But amongst all that put in their Requests and Supplications for your Highnesses speedy deliverances from all Earthly Troubles, none is more assiduous, nor more servent then he, who with the rest of the Nation hath the honour to be

May it please your Highness,
Your Highness present Slave and Vassal,

W. A.

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IT is not any Ambition to be in Print, when so few spare Paper and the Presse; nor any instigations of private revenge or malice (though few that dare be honest now want their causes) that have prevailed with me to make my self the Authour of a Pamphlet, and to disturb that Quiet which at present I enjoy by his Highness great favour and* injustice. Nor am I ignorant to how litile purpose I shall imploy that time and pains, which I shall bestow upon this Paper. For to think that any reasons or perswasions of mine, or conviction of their own, shall draw men from any thing wherein they see profit or security, or to anything wherein they fear loss, or see danger, is to have a better opinion both of my self and them, then either of us both deserve.

Besides, the subject it self is of that nature, that I am not only to expect danger from ill men, but censure and disallowance from many that are good; for these opinions only lookt upon, not lookt into, (which all have not eyes for) will appear bloody and cruel; and these compellations I must expect from those that have a zeal, but not according to knowledge: If therefore I had considered my self, I had spared what ever this is of pains, and not distasted so many, to please so few, as are in mankind, (the honest and the wise.) But at such a time as this, when God is not onely exercising us with a usual and common calamity, of letting us fall into slavery that used our liberty so ill; but is pleased so far to blind our understandings, and to debase our spirits, as to suffer us to court our bondage, and to place it among the requests we put up to him; Indignation makes a man break that silence that Prudence would perswade him to use; if not to work upon other mens minds, yet to ease his own.

A late Pamphlet tells us of a great design discovered against the person of his Highness, and of the Parliaments coming (for so does that Junto profane that name) to congratulate with his Highness, his happy deliverance from that wicked and bloody attempt. Besides this, that they have Ordered, that God Almighty shall be mockt with a day of thanksgiving, (as I think the World is with the Plot) and that the people shall give publique thanks for the publique calamity, that God is yet pleased to continue his Judgments upon them, and to frustrate all means that are used for their deliverance: Certainly, none will now deny, that the English are a very thankful people. But I think if we had read in Scripture, that the Israelites had cryed unto the Lord, not for their own deliverance, but the preservation of their Task-masters, and that they had thanked God with Solemnity that Pharaoh was yet living, and that there was still great hopes of the daily encrease of the number of their Bricks: Though that people did so many things not only impiously and profanely, but ridiculously and absurdly; yet certainly they did nothing we should more have wondered at, then to have found them Ceremoniously thankful to God for plagues, that were commonly so brutishly unthankful for mercies; And we should have thought that Moses had done them a great deal of wrong, if he had not suffered them to enjoy their slavery, and left them to their Tasks and Garlick;

I can with Justice say, my principal intention in this Paper is not to declaim against my L. Protectour or his Accomplices; for were it not more to justifie others, then to accuse them, I should think their own actions did that work sufficiently, and I should not take pains to tell the world what they knew before. My design is, to examine whether if there hath been such a Plott as we hear of; and that it was contrived by Mr. Sindercombe against my L. Protectour, and not by my L. Protectour against Mr. Sindercombe (which is doubtful) whether it deserves those Epithites Mr. Speaker is pleased to give it, of bloody, wicked, and proceeding from the Prince of darkness. I know very well how uncapable the vulgar are, of considering what is extraordinary and singular in every case, and that they judge of things, and name them by their exteriour appearances, without penetrating at all into their causes or natures. And without doubt when they hear the Protectour was to be kill’d, they streight conclude a man was to be murdered, not a malefactour punished: for they think the formalities do alwayes make the things themselves, and that ’tis the Judge and the Cryer that makes the Justice, and the Goal the Criminal: And therefore when they read in the Pamphlet Mr. Speaker’s Speech, they certainly think he gives these Plotters their right titles; and, as readily as a High-Court of Justice, they condemn them, without ever examining whether they would have killed a Magistrate, or destroyed a* Tyrant, over whom every man is naturally a Judge and an Executioner; and whom the Laws of God, of Nature, and of Nations expose, like Beasts of prey, to be destroyed as they are met.

That I may be as plain as I can, I shall first make it a Question, (which indeed is none) Whether my Lord Protectour be a Tyrant or not? Secondly, if he be, Whether it is lawful to do Justice upon him without Solemnity, that is, to Kill him. Thirdly, if it be lawful, Whether it is like to prove profitable or noxious to the Commonwealth?

The Civil Law makes Tyrants of two sorts, Tyrannus sine Titule, and Tyrannus Exercitio. The one is called a Tyrant, because he hath no right to govern; the other, because he governs Tyrannically. We will very briefly discourse of them both, and see whether the Protectour may not with great Justice put in his Claim to both Titles.

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We shall sufficiently demonstrate who they are that have not a right to govern, if we shew who they are that have; and what it is that makes the power just, which those that rule have over the natural liberty of other men. To Fathers within their private Families nature hath given a Supreme power. Every man, sayes Aristotle,(a) of Right governs his wife and children, and this power was necessarily exercised(b) every where, whilest Families lived disperst,(c) before the constitutions of Common-wealths; and in many places it continued after, as appears by the Laws of Solon, and the most Ancient of those of Rome. And indeed as by the Laws of God(d) and nature, the care, defence, and support of the family lies upon every man whose it is; so by the same Law there is due unto every man from his Family a subjection and obedience, in compensation of that support. But several Families uniting themselves together to make up one body of a Comon-wealth, and being Independent one of another, without any natural Superiority or Obligation, nothing can introduce amongst them a disparitie of Rule and subjection, but some power that is over them; which power none can pretend to have but God and themselves. Wherefore all power which is lawfully exercised over such a Society of men,Vid. Hooker. Eccles. Pol. lib. 1. c. 10. (which from the end of its institution we call a Common-wealth) must necessarily be derived either from the appointment of God Almighty, who is Supream Lord of all and every part; or from the consent of the Society it self, who have the next power to his, of disposing of their own liberty, as they shall think fit for their own good. This power God hath given to Societies of men, as well as he gave it to particular(e) persons; and when he interposes not his own authority and appoints not himself who shall be his Vice-gerents and rule under him; he leaves it to none but the people themselves to make the election, whose benefit is the end of all government. Nay, when he himself hath been pleased to appoint rulers for that people, which he was pleased peculiarly to own, He many times made the choice, but left the Confirmation and Ratification of that choice to the people themselves. So Saul(f) was chosen by God, and anointed King by his Prophet, but made King by all the people at Gilgal.(a) David was anointed King(b) by the same Prophet, but was afterwards, after Saul’s death, confirmed by the people of Juda,(c) and 7. years after by the Elders of(d) Israel, the Peoples Deputies, at Chebron. And it is observable, that though they knew that David was appointed King by God, and anointed by his Prophet, yet they likewise knew that God allowed to themselves not only his confirmation, but likewise the limitation of his power; for before his Inauguration, they made a league(e) with him; that is, obliged him by compact to the performance of such conditions as they thought necessary for the securing their Liberty. Nor is it less remarkable, that when God gives directions to his people concerning their government, he plainly leaves the Form to themselves: for he sayes not, When thou shalt have come into the Land which the Lord thy God gives thee, Statues superite Regem; But, Si(f) Dixeris statuam. God sayes not, Thou shalt appoint a King over thee; But if thou shalt say, I will appoint; leaving it to their choice, whether they would say so or no. And it is plain in that place, that God gives the people the choice of their King, for he there instructs them whom they shall choose, E medio fratrum tuorum, one out of the midst of thy brethren: Much more might we say, if it were a less manifest Truth, that all just power of Government is founded upon those two bases, of Gods immediate command, or the Peoples consent. And therefore whosoever arrogates to himself that power, or any part of it, that cannot produce one of those two titles, is not a Ruler, but an Invader, and those that are subject to that power, are not governed, but opprest.

This being considered, have not the People of England much reason to ask the Protector this Question, Quis constitut te virum Principem & judicem super nos? Who made thee a Prince and a Judge over us? If God made thee, make it manifest to us. If the People; where did we meet to do it? Who took our Subscriptions? To whom deputed we our authority? And when and where did those Deputies make the choice? Sure these Interrogations are very natural, and I believe would much trouble his Highness his Council, and his Junto to answer. In a word, that I may not tire my reader, (who will not want proofs for what I say, if he wants not memory) If to change the Government without the Peoples consent: If to dissolve their Representatives by force, and disannull their Acts: If to give the name of the Peoples Representatives to confederates of his own, that he may establish iniquity by a Law: If to take away mens lives out of all course of Law, by certain Murtherers of his own appointmentment, whom he names A High-Court of Justice. If to decimate mens Estates, and by his own power to impose upon the People what Taxes he pleases: And to maintain all by force of Arms: If I say all this does make a Tyrant, his own impudence cannot deny, but he is as compleat a one as ever hath been, since there have been Societies of Men. He that hath done, and does all this, is the person for whose preservation the people of England must pray; but certainly if they do, ’tis for the same Reason that the old Woman of Syracuse prayd for the long life of the Tyrant Dionysius, lest the Devil should come next.

Now if instead of Gods Command, or the Peoples Consent, his Highness hath no other Title but Edition: current; Page: [7-385] force and fraud, which is to want all Title: And if to violate all Laws, and propose none to Rule by, but those of his own will, Be to exercise that Tyranny he hath usurpt, and to make his Administration conformable to his claym: Then the first Question we proposed, is a Question no longer.

But before we come to the second, being things are more Easily perceived and found by the description of their Exteriour Accidents, and Qualities, then the defining their Essences: It will not be Amiss to see, whether his Highness hath not as well the outward Marks and Characters by which Tyrants are known, as he hath their Nature and Essential properties: Whether he hath not the Skin of the Lyon, and Tayl of the Fox, as well as he hath the Violence of the one, and Deceipt of the other. Now in this Delineation which I intend to make of a Tyrant, all the Lineaments, all the Colours, will be found so Naturally to correspond with the life, that it cannot but be doubted, whether his Highness be the Original, or the Copy. Whether I have in drawing the Tyrant, represented him? or in Representing him, Exprest a Tyrant. And therefore lest I should be suspected to deal un-sincerely with his Highness, and not to have Applyed These following Characters, but made them, I shall not give you any of my own Stamping, but such as I find in Plato, Aristotle,The marks of a Tyrant. Arist. Pol. l. b. 5. c. 10. vid. Mach. Discor. l. 1. c. 40 Tacitus, and his Highness own Evangelist, Machiavell.

1. Almost all Tyrants have been first Captains and Generals for the People; under pretences of vindicating, or defending their Liberties. Ut Imperium evertant Libertatem præferunt; cum perverterunt, ipsam aggrediuntur, sayes Tacitus;(a) to subvert the present Government, they pretend Liberty for the People; when the Government is down, they then Invade that Liberty themselves: this needs no Application.

2. Tyrants accomplish their ends much more by fraud than force. Neither vertue nor force (sayes Machiavel)(b) are so necessary to that purpose, as una Astutia fortunata, a Lucky craft: which sayes he,(c) without force hath been often found sufficient, but never force without that. And in another place(d) he tells us their way is Aggirare Lucer velli de gli huomini con Astutia, &c. With cunning plausible pretences to impose upon mens understandings, and in the end they master those that had so little wit as to rely upon their faith and integrity. ’Tis but unnecessary to say, That had not his Highness had a faculty to be fluent in his tears, and eloquent in his execrations: Had he not had spungy eyes, and a supple conscience; and besides to do with a people of great faith, but little wit; his courage and the rest of his Moral vertues, with the help of his Janizaries, had never been able so far to advance him out of the reach of Justice, that we should have need to call for any other hand to remove him, but that of the Hangman.

3. They abase all excellent persons, and rid out of the way all that have noble minds, Et Tertæ filios extollunt; and advance Sons of the Earth. To put Aristotle into other words, they purge both Parliament and Army, till they leave few or none there, that have either honour or conscience, either wit, Interest, or Courage to oppose their designs. And in these Purgations (saith Plato)(c) Tyrants do quite contrary to Physitians; for they purge us of our humours, but Tyrants of our Spirits.

4. They dare suffer no Assemblies. Not so much as Horse-races.

5. In all places they have their Spies and Dilators, that is, they have their Broughalls, their St. John’s (besides innumerable small spyes) to appear discontented and not to side with them; that under that disguise they may get trust, and make discoveries. They likewise have their Emissaries to send with forged letters. If any doubt this, let him send to Major General Brown, and he will Satisfie Him.

6. They Stir not without a guard, nor his Highness without his Life-guard.

7. They impoverish the people, that they may want the power, if they have the will,Arist. Ibid. to attempt any thing against them. His Highness way is by Taxes, Excise, Decimations, &c.Arist. Ibid.

8. They make war to divert and busie the people: And besides, to have a pretence to raise moneys, and to make new Levies, if they either distrust their old forces, or think them not sufficient.Id. Ibid. & Plato de Repub. l. 9. The war with Spain serveth his Highness to this purpose, and upon no other Justice was it began at first, or is still continued.

9. They will seem to honour and provide for good men:Id. Ibid. That is, if the Ministers will be Orthodox and flatter: If they will wrest and torture the Scripture to prove his Government lawful,Arist. Ibid. and furnish him with Title:Machiev. Pr. cap. 19. his Highness will likewise be then content to understand Scripture in their favour, and furnish them with Tithes.

10. Things that are odious and distastfull, they make others executioners of;Machiavel adds, And do grateful things themselves. But that I omit; for I really am unprovided of an 12. All instance for his Highness, for I have not yet heard of any good he hath does himself. and when the people are discontented, they appease them with Sacrificing those Ministers they imploy: I leave it to his Highness his Major Generals to ruminate a little upon this point.

11. In all things they pretend to be wonderful careful of the Publique: to give general accompts of the money they receive, which they pretend to be levied for the maintenance of the State, and the prosecuting of the War. His Highness made an excellent Comment upon this place of Aristotle in his Speech to this Parliament.

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12. All things set aside for Religious uses, they set to sale; that while those things last, they may exact the less of the people. The Cavaliers would interpret this of the Dean and Chapters Lands.

Plato de Repub. lib. 8. Id. & Plut. passim.13. They pretend inspirations from God, and responses from Oracles to Authorise what they do, his Highness hath been ever an Enthusiast. And as Hugh Caper, in taking the Crown, pretended to be admonisht to it in a dream by St. Vallery, and St. Richard: so I believe will his Highness do the same, at the instigation of St. Henry, and St. Richard his two Sons.

Histor. of Fran. Ibid. lib. 5. c. 11.14. Lastly, Above all things they pretend a love to God and Religion. This Aristotle calls Artium Tyrannicarum potissimam; the surest and best of all the Arts of Tyrants, and we all know his Highness hath found it so by experience. He hath found indeed that in godliness there is great gain; and that preaching and praying, well managed, will obtain other Kingdoms as well as that of Heaven. His indeed have been pious Arms, for he hath conquered most by those of the Church, by prayers, and(a) tears. But the truth is, were it not for our honour to be governed by one that can manage both the Spiritual and Temporal Sword, and Roman like, to have our Emperor our High Priest: We might have had preaching at a much cheaper rate, and it would have cost us but our Tythes, which now costs us all.

Other Marks and Rules there are mentioned by Aristotle to know Tyrants by: but they being unsuitable to his Highness Actions, and impracticable by his Temper, I insist not on them. As among other things(b) Aristotle would not have a Tyrant insolent in his behaviour, nor strike people. But his Highnes is naturally chollerique, and must call men Rogues and go to Cuffs. At last he concludes he should so fashion his manners, as neither to be really good, nor absolutely bad, but half one, half tother. Now this half good is too great a proportion for his Highness, and much more then his temper will bear.

But to speak Truths more seriously, and to conclude this first Question. Certainly what ever these Characters make any man, it cannot be denied but his Highness is; and then if he be not a Tyrant, we must confess we have no definition nor description of a Tyrant left us; and may well imagine there is no such thing in Nature, and that ’tis onely a Notion and a Name. But if there be such a Beast, and we do at all believe what we see and feel; let us now enquire, according to the method we proposed,Whether it be lawful to kill a Tyrant? whether this be a Beast of Game that we are to give law to, or a Beast of Prey to destroy with all means are allowable and fair?

In deciding this Question Authors very much differ, as far as it concerns Supream Magistrates, who degenerate into Tyrants. Some think they are to be born with as bad(c) Parents; and place them in the number of those mischiefs(d) that have no other Cure but our Patience. Others think they may be questioned by that supream Law of the peoples safety; and that they are answerable to the Peoples Representatives for the breach of their Trust. But none, of sober sense, makes private persons Judges of their actions; which were, indeed, to subvert all Government. But on the other side, I find none (that have not been frighted or corrupted out of their reason) that have been so great Enemies to Common Justice, and the Libertie of Mankind; as to give any kind of Indemnity to a Usurper, who can pretend no Title, but that of being stronger; nor challenge the peoples obedience upon any other obligation but that of their necessity, and fear. Such a person, as one out of all bonds of Humane Protection, all men make the Ishmael,(e) against whom is every mans hand, as his is against every man. To him they give no more security then Cain, his fellow murtherer and oppressour, promised to himself, to be destroyed by him that found him first.

The reason why a Tyrants case is particular, and why in that every man hath that vengeance given him, which in other cases is reserved to God and the Magistrate cannot be obscure, if we rightly consider what a Tyrant is, what his crimes are, and in what state he stands with the Common-wealth, and with every member of it. And certainly if we find him an enemy to all Humane Society, and a subverter of all Laws, and one that by the greatness of his villanies, secures himself against all ordinary course of Justice: we shall not at all think it strange, if then he have no benefit from humane society, no protection from the law, and if, in his case, Justice dispenses with her forms. We are therefore to consider that the end for which men enter into society, is not barely to live, which they may do disperst as other Animals: but to live happily; and a Life answerable to the dignity and excellency of their kind. Out of Society this happiness is not to be had, for singly we are impotent, and defective, unable to procure those things that are either of necessity, or Ornament for our lives, and as unable to defend and keep them when they are acquited. To remedy these defects, we Associate together that what we can neither joy nor keep, singly, by mutual benefits and assistances one of another, We may be able to do both. We cannot possibly accomplish these ends, if we submit not our passions and appetites to the Laws of Reason and Justice. For Edition: current; Page: [7-387] the depravity of mans will makes him as unfit to live in Society, as his necessity makes him unable to live out of it. And if that perversness be not regulated by Laws, mens appetites to the same things; their Avarice, their Lust, their Ambition would quickly make Society as unsafe, or more, then Solitude it self, and we should associate onely to be nearer our misery and our ruine. That therefore by which we accomplish the ends of a Sociable life, is our subjection, and submission to Laws, these are the Nerves and Sinews of every Society or Common-Wealth; Without which they must necessarily dissolve and fall asunder. And indeed (as Augustine says) those Societies where Law and Justice is not, are not Common-wealths or Kingdoms, but Magna Latrocinia, Great Confederacies of Thieves and Robbers. Those therefore that submit to no Law,De Civit. Dei. are not to be reputed in the Society of Mankind, which cannot consist without a Law. Therefore Aristotle(a) saith, Tyranny is against the Law of Nature, that is, the Law of Humane Society, in which Humane Nature is preserved. For this reason they deny a Tyrant to be Partem Civitatis; for every part is subject to the whole; and a Citizen (says the same Author)(b) is he who is as well obliged to the duty of obeying, as he is capable of the power of commanding. And indeed he does obey, whilest he does command, that is, he obeys the Laws, which (says Tully) Magistratibus præsunt, ut Magistratus præsunt Populo, are above the Magistrates, as the Magistrates are above the People. And therefore a Tyrant that submits to no law; but his Will and Lust are the law, by which he governs himself & others, is no Magistrate, no Citizen or member of any Society, but an Ulcer and a Disease that destroys it; and if it be rightly considered, a Common wealth by falling into a Tyrannie absolutely looses that name, and is actually another thing: Non est civitas quæ unius est viri (saith Sophocles) that which is one mans, is no City. For there is no longer King and People, or Parlament and People, but those Names are changed (at least their Natures) into Masters and Servants, Lords and Slaves: And Servorum non Civitas erit sed magna Familia (says Grotius)(c) where all are Slaves, ’tis not a City, but a great Family. And the truth is, we are all members of White-hall, and when our Master pleaseth, he may send for us thither, and there bore through our Ears at the door-posts. But to conclude, a Tyrant, as we have said, being no part of a Common-wealth nor submitting to the laws of it, but making himself above all law; there is no reason he should have the protection that is due to a member of a Common-wealth, nor any defence from laws, that does acknowledge none. He is therefore in all reason to be reckoned in the number of those savage Beasts, that fall not with others into any Heard: that have no other defence but their own strength, making a prey of all thats weaker; and, by the same Justice, being a prey to all thats stronger then themselves.

In the next place, let it be considered, That a Tyrant making himself above all Law, and defending his injustice by a strength which no power of Magistrates is able to oppose; he becomes above all punishment, above all other justice, than that he receives from the stroak of some generous hand. And certainly, the safety of mankind were but ill provided for, if there were no kind of Justice to reach great villanies, but Tyrants should be Immanitate Scelerum tuti, secured by the greatnes, of their crimes. Our Laws would be then but Cobwebs indeed, made only to catch Flies; but not to hold Wasps or Horners: And it might be then said of all Common-wealths, what was said of Athens; That there onely small Theeves were hanged, but the great ones were free, & condemned the rest. But he that will secure himself of all hands, must know, he secures himself from none: He that flies Justice in the Court, must expect to find it in the street: and he that goes armed against every man,Grot. de ju. Bil. l. 1. c. 8. arms every man against himself. Bellum est in eos, Qui judiciis coerceri non possunt, (says Cicero) We have war with those against whom we can have no law. The same Authour, Cum duo fiat decertandi genera, &c. There being two ways of deciding differences, the one by Judgement & Arbitration;Ibid. [Editor: illegible word] 17. the other by force: the one proper to men, the other to beasts. We must have recourse to the latter, when the former cannot be obtained. And certainly by the Law of Nature, ubi cessat Judicium, when no Justice can be had, every man may be his own Magistrate, and do justice for himself. For the Law (says Grotius) that forbids me to pursue my right but by a course of Law: Certainly supposes, ubi copia est Judicii, where Law and Justice is to be had: otherwise that law were a defence for injuries, not one against them: and quite contrary to the nature of all Laws, would become the protection of the guilty against the innocent, not of the innocent against the guilty. Now as it is contrary to the Laws of God & Nature, that men, who are partial to themselves, & therefore unjust to others, should be their own Judges, where others are to be had; so it is contrary to the Law of Nature, and the common safety of mankind, that when the Law can have no place, men should be forbidden to repel force by force, and so to be left without all defence and remedy against injuries. God himself left not the slave without remedy against the cruel Master: And what Analogie can it hold with reason, that the slave that is but his Masters money; and but part of his Houshold-stuff, should finde redress against the Injuries and Insolencies of an Imperious Master? and a free people, Edition: current; Page: [7-388] who have no Superiour but their God, should have none at all against the injustice and oppression of a Barbarous Tyrant? And were not the incongruity fully as great, that the Law of God permitting every man to kill a Thief, if he took him breaking open his house in the night: because then it might be supposed he could not bring him to justice? But a Tyrant, that is the common Robber of mankind, and whom no Law can take hold on, his person should be, Sacrosancta, cui nihil Sacrum aut Sanctum, to whom nothing is Sacred, nothing Inviolable? But the Vulgar judge ridiculously like themselves. The glister of things dazles their Eyes, and they judge of them by their appearances; and the Colours that are put on them. For what can be more absurd in Nature, and contrary to all common sence, then to call him Thief and kill him, that comes alone, or with a few to Rob me:Exod. 21. And to call him Lord Protector and obey him, that robs me with Regiments and Troops? As if to rove with two or three ships were to be a Pirate, but with 50 an Admiral? But if it be the number of Adherents onely, not the cause, that makes the difference between a Robber and a Protectour: I wish that number were defined, that we might know where the Thief ends, and the Prince begins. And be able to distinguish between a Robbery and a Tax. But sure no English-man can be ignorant, that it his Birth-right to be Master of his own Estate; and that none can command any part of it but by his own grant and consent, either made expresly by himself, or Virtually by a Parliament. All other ways are meer Robberies in other Names:Exod. 22. 2. Auferre, Trucidare, Rapere, falsis nominibus imperium atque ubi solitudinem faciunt, pacem apellant: To rob, to extort, to murder Tyrants falsly cal’d to govern, and to make desolation, they call to settle peace: in every Asseasment we are rob’d, the Excize is Robbery, the Custom’s Robbery, and without doubt, when ever ’tis prudent, ’tis always lawful to kill the Thieves, whom we can bring to no other justice.Tacit. in Vid. Agric. And not onely lawful, and to do our selves right, but Glorious, and to deserve of mankind, to free the world of that common Robber, that universal Pirat, under whom, and for whom, these lesser Beasts prey. This Firebrand I would have any way extinguisht. This Ulcer I would have any hand to lance. And I cannot doubt but God will suddenly sanctifie some hand to do it, and bring down that bloudy and deceitful man, who lives not onely to the misery, but the infamy of our Nation.

I should have reason to be much less confident of the justice of this opinion, if it were new, and onely grounded upon Collections and Interpretations of my own. But herein if I am deceived, I shall however have the excuse to have been drawn into that errour, by the examples that are left us by the greatest and most vetruous, and the opinions of the wisest and gravest men, that have left their memories to posterity. Out of the great plenty of Confirmations, I could bring for this Opinion, from Examples and Authorities; I shall select a very few: for manifest Truths have not need of those Supports; and I have as little minde to tire my self as my Reader.

de in Bal. lib. 1. c. 4.First therefore an Usurper that by onely force possesseth himself of Government, and by Force only keeps it, is yet in the State of War with every man, says the learned Grotius: and therefore every thing is lawful against him, that is lawful against an open Enemy, whom every private man hath a right to kill. Hostis hostem occidere volui, says Scævola to Persena; when he was taken, after he had failed in his attempt to kill him;Luc. lib. 2. I am an Enemy, and an Enemy I would have kil’d, which every man hath a right to do.

Contra publicos hostes, & Majestatis Reas, omnis homo miles est (says Tertullian,) Against Common Enemies and those that are Traitors to the Commonwealth, every man is a Souldier. This opinion the most Celebrated Nations have approved both by their Laws and Practises. The Grecian (as Xenophon tells us) who suffered not Murderers to come into their Temples, in those very Temples they erected Statues to those that kil’d Tyrants, thinking it fit to place their Deliverers amongst their Gods. Cicero was an Eye-witness of the Honours that were done such men, Græci homines, &c. The Greeks (saith he) attribute the honours of the Gods to those that kil’d Tyrants:Pro milone. What have I seen in Athens, and other Cities of Greece! What Religion paid to such men! What Songs!Plut. in Solon. What Elogies! By which they are Consecrated to Immortality, and almost Deified! In Athens, by Solon’s Law, Death was not onely decree’d for the Tyrant that opprest the State, but for all those that took any Charge,(a) or did bear any Office while the Tyranny remained. And Plato tells us the ordinary Course they took with Tyrants in Greece. If (says he) the Tyrant cannot be expuls’d by Accusing him to the Citizens; then by secret practises they dispatch him.

Amongst the Romans the Valerian Law was, Si quis injussu populi, &c. Whosoever took Magistracy upon him, without the Command of the people, it was lawful for any man to kill him. Plutarch makes this Law more Severe, ut Injudicatum occidere eum liceret, Qui Dominatum concupisceret. That it was lawful by that Law, before any Judgement past, to kill him that but Aspired Edition: current; Page: [7-389] to Tyranny. Likewise the Consular Law which was made after the suppression of the Tyranny of the Decemvirate, made it lawful to kill any man that went about to create Magistrates, sine provocatione, &c. Without reference and appeal to the people. By these Laws and innumerable Testimonies of Authors, it appears; that the Romans with the rest of their Philosophy, had learned from the Grecians what was the Natural Remedy against a Tyrant: Nor did they honor those less that durst apply it. Who as Polybius says (speaking of Conspiracies against Tyrants) were not, Deterrimi civium, sed Generosissimi Quique, & Maximi Animi; not the worst and meanest of the Citizens, but the most Generous, and those of greatest vertue.Hist. lib. 6. So were most of those that conspired against Julius Cæsar. He himself thought Brutus worthy to succeed him in the Empire of the World: And Cicero, who had the Title of Pater Patriæ; if he were not conscious of the design; Yet he at least affected the honour of being thought so. Quæ enim Res unquam, &c. What act (says he) O Jupiter more glorious! more worthy of Eternal Memory,Phil. 2. hath been done nor onely in this City, but in the whole world! In this design, as the Trojan Horse, I willingly suffer my self to be included with the Princes. In the same place he tells us, what all vertuous Romans thought of the Fact aswel as he. Omnes Boni, Quantum in ipsis fait, Cæsarem occiderunt: aliis consilium, aliis animus, aliis occosio desuit, Volunt as nemini; All good men (saith he) as much as in them lay killed Cæsar: Some wanted Capacity, some Courage, others opportunity; but none the will to do it. But yet we have not declared the extent of their severity against a Tyrant. They exposed him to Fraud, as well as Force, and left him no security in Oaths and Compacts; that neither Law not Religion might defend him, that violated both. Cum Tyranno Romanis nulla fides, nulla juris jurandi Religio, saith Brutus in Appian: With a Tyrant the Romans think no Faith to be kept, observe no Religion of an Oath. Seneca gives the Reason; Quia quicquid erat,Appian. lib. 7. de Benef. quo mihi cobæreret, &c. For what ever there was of mutual obligation betwixt us; his destroying the Laws of Humane Society, hath dissolv’d: so these that thought that there was in hostem nefas, that a villany might be committed against an Enemy: These that profest, non minus justè quàm fortiter arma gerere, to manage their Arms with Justice as well as Courage:Sin. These that thought Faith was to be kept even with the perfidious,(b) yet they thought a Tyrant could receive no Injustice, but to be let live; and that the most lawful way to destroy him, was the readiest.Id. No matter whether by force or fraud; for against Beasts of Prey, men use the Foyl and the Net,Saul of as well as the Spear and the Lance. But so great was their detestation of a Tyrant, that it made some take their Opinions from their Passions; and vent things which they could but ill justifie to their Morality, they thought a Tyrant had so absolutely forfeited all Title to Humanity, and all kind of Protection they could give him or his: that they left his wife without any other Guard for her Chastity, but Age and Deformity; and thought it not Adultery what was committed with her. Many more Testimonies might I bring; for ’tis harder to make choice,Sence. in exerc. 4. 7. than to find plenty. But I shall conclude with Authorities that are much more Authentique; and Examples, which we may much more safely imitate.

The Law of God it self decreed certain(c) death to that man that would do presumptuously, and submit to no Decision of Justice. Who can reade this, and think a Tyrant ought to live?Mic. Ephes. ad 5. Nich. But certainly neither that, nor any other Law were to any effect, if there were no way to put it in execution. But in a Tyrants Case, Process and Citation have no place; and if we will onely have Formal Remedies against him, we are sure to have none. There’s small hope of Justice, where the Malefactor hath a power to condemn the Judge.

All remedy therefore against a Tyrant is Ehud’s Dagger; without which, all our Laws were fruitless, and we helpless. This is that High Court of Justice where Moses brought the Egyptian: whither Ehud brought Eglon; Samson, the Philistins; Samuel, Agag; and Jehojada, the She-Tyrant Athaliah.

Let us a little consider in particular these several Examples, and see whether they may be proportioned to our purpose.

First, as to the Case of Moses and the Egyptian;Exod. 2. 11, 12. certainly every English-man hath as much Call as Moses, and more cause then he, to slay this Egyptian that is always laying on burdens, and always smiting both our brethren and our selves. For as to his Call, he had no other that we read of, but the necessity his brother stood in of his help. He look’t on his brethrens burdens, and seeing an Egyptian smiting an Hebrew, knowing he was out of the reach of all other kind of Justice, he slew him.

Certainly this was, and is as lawful for any man to do as it was for Moses, who was then but a private man, and had no Authority for what he did, but what the Law of Nature gives every man; to oppose Force to Force, and to make Justice where he finds none. As to the Cause of that action, we have much more to say then Moses had: He saw one Hebrew smitten, we many English Edition: current; Page: [7-390] men murdered; He saw his brethrens burdens, and their blows, We, our Brethrens burdens, imprisonments, and deaths. Now sure if it were lawful for Moses to kill that Egyptian that opprest one man, being there was no way to procure an ordinary course of Justice against him: It cannot be but absurd to think it unlawful to kill him(a) that oppresses a whole Nation, and one that Justice as little reaches as it defends.

The example of Ehud shews us the natural and almost the onely remedy against a Tyrant, and the way to free an opprest people from the slavery of an insulting Moabite, ’tis done by prayers and tears, with the help of a Dagger, by(b) crying to the Lord, and the left hand of an Ehud. Devotion and action go well together; for believe it, a Tyrant is not of that kind of Devil that is to be cast out by onely Fasting and Prayer. And here the Scripture shews us what the Lord thought a fit Message to send a Tyrant from himself: A Dagger of a Cubit in his belly, and every worthy man that desires to be an Ehud, a Deliverer of his Countrey, will strive to be the Messenger.V. 15.

V. 20.We may here likewise observe in this, and many places of Judges, that when the Israelites fell to Idolatry, which of all sins certainly is one of the greatest; God Almighty to proportion the punishment and the offence, still delivered them into the hands of Tyrants; which sure is one of the greatest of all Plagues.

Judg. 15.In the story of Samson ’tis manifest, that the denying him his wife, and after the burning her, and her Father, which though they were great, yet were but private injuries, he took for sufficient grounds to make war upon the Philistins, being himself but a private man, and not onely not assisted, but opposed by his servile Countreymen. He knew what the Law of Nature allowed him; where other Laws have no place,V. 11. and thought it a sufficient Justification for smiting the Philistins hip and thigh, to answer for himself, that as they did unto him, so had he done unto them.

Now that which was lawful for Samson to do against many Oppressours, why is it unlawful for us to do against one? Are our injuries less? Our Friends and Relations are daily murdered before our faces. Have we other ways for reparation? Let them be named, and I am silenc’d. But if we have none, the Fire-brands, or the Jaw-bone, the first Weapons our just Fury can lay hold on, may certainly be lawfully employed against that uncircumcised Philistin that oppresses us. We have too the opposition and discouragements that Samson had, and therefore have the more need of his courage and resolution. As he had the men of Judah, so we have the men of Levi, crying to us out of the Pulpit, as from the top of the Rock Etam, Know you not that the Philistin is a Ruler over you?V. 14. The truth is, they would fain make him so, and bind us with Samson in new Cords; but we hope they will become as Flax, and that they will either loose from our hands, or we shall have the Courage to cut them.

2 Sam. 15. 23.Upon the same grounds of Retaliation did Samuel do justice with his own hand upon the Tyrant Agag. As thy Sword (says the Prophet) hath made women childless, so shall thy Mother be childless amongst women; nor is there any Law more natural and more just.

How many Mothers has our Agag, for his own ambition, made childless? how many Children Fatherless? how many have this reason to hew this Amalokite in pieces before the Lord? And let his own Relations, and all theirs that are Confederates with him, beware, lest men come at last to revenge their own Relations in them. They make many a woman husbandless, many a Father childless.in Discors. Their wives may come at last to know what ’tis to want a husband, and themselves to lose their children. Let them remember, what their great Apostle Machiavel tels them; that in contestations for the preserving their Liberty, People many times use moderation; but when they come to vindicate it, their rigour exceeds all mean, like beasts that have bin kept up & are afterwards let loose, they always are more fierce and cruel. To conclude with the example Jehojada hath left us; 6 years he hid the right Heir of the Crown in the house of the Lord, & without all doubt, amongst the rest of Gods services there he was all that time contriving the destruction of the Tyrant, that had aspired to the Crown by the destruction of those that had the right 10 it. Jehojada had no pretence to authorize this action, but the Equity and Justice of the act it self. He pretended no immediate command from God for what he did, nor any authority from the Sanedrin,2 King. 11. and therefore any man might have done what Jehojada did as lawfully, that could have done it as effectually.2 Chron. 23. Now what citation was given to Athaliah, what appearance was she cal’d to before any Court of Justice: her fact was her trial she was without any expostulation taken forth of the Ranges, and onely let live, till she got out of the Temple, that that Holy Place might not be defiled by the bloud of a Tyrant, which was fitter to be shed on a dung-hill, and so they slew her at the Horse-gate.Chron. 23. 14. And by the Kings house, the very White-hall; where she had caused the Blood-Royal to be spilt, and which her self had so long unjustly possest, there by Providence did she receive her punishment, where she had acted so great a part of her crimes. How the people approved of this glorious action of destroying, Tyrant, this Chapter tells us at the last verse.

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And all the people of the Land rejoyced, and the City was quiet,2 Chron. 23. 14. after they had slain Athaliah with the sword. And that it may appear they no less honoured the Authors of such actions, then other Nations did; as in his life-time they obeyed Jehoiada as a King, so after his death, for the good he had done in Israel (saith the Scripture) they buried him amongst the Kings.2 Chron. 34. 16.

I must not conclude this story without observing that Jehojada commanded, that whosoever followed Athaliah should be put to death. Letting us see what they deserve that are Confederates with Tyrants and will side with them, and but appear to defend them, or allow them, his Highness his Councel, his Junto, and the Agaes of his Janizaries, may, if they please, take notice of this,Mr. Sindercomb’s Judge and Jury may likewise consider of this point. and repent, least they likewise perish. And likewise his Highness his Chaplains, and Tryers, who are to admit none into the Ministry that will preach liberty with the Gospel; may, if they think fit, observe, that with the Tyrant fell Mattan the Priest of Baal. And indeed none but Baals-Priests will preach for Tyrants. And certainly those Priests that Sacrifice to our Baal, our Idol of a Magistrate, deserves as well to be hang’d before their Pulpits, as ever Mattan did to fall before his Altars.

I should think now I had said much more then enough to the second question,2 Chron. 23. 17. and should come to the third and last I proposed in my Method; but I meet with two Objections lying in my way: The first is, That these examples out of Scripture, are of men that were Inspired of God, and that therefore they had that Call and Authority for their Actions, which we cannot pretend to,Object. 1. so that it would be unsafe for us to draw their actions into examples, except we had likewise their Justifications to alledg.

Object. 2.The other Objection is, that there being now no opposition made to the Government of his Highness, that the people following their callings, and trafficque, at home and abroad, making use of the laws, & appealing to his Highnes courts of justice: That all this argues the peoples tacit consent to the Government; and that therefore now tis to be reputed lawful, and the peoples obedience voluntary.

To the first I answer with learned Milton, that if God commanded these things,Sol. 1. ’tis a sign they were lawful and are commendable. But secondly, as I observed in the Relations of the examples themselves; Neither Sampson nor Samuel alledged any other cause or reason for what they did, but retaliation, and the apparent justice of the actions themselves. Nor had God appeared to Mosis in the Bush when he slew the Egyptian; nor did Jehojada alledg any Prophetical Authority or other Call to do what he did, but that common Call which all men have, to do all actions of Justice that are within their power, when the ordinary course of Justice ceases.

To the second my answer is, that if commerce and pleadings were enough to Argue the people’s consent, and give Tyrannie the name of Government,Sol. 2. there was never yet any Tyrannie of many weeks standing in this world. Certainly, we then extreamly wrong Caligula and Nero in calling them Tyrants, and they were Rebels that conspired against them; except we will believe, that all the while they reign’d in Rome, they kept their shops shut, and opened not their Temples, or their Courts. We are likewise with no lesse absurdity to imagine, that the whole 18 years time which Israel served Eglon, and 6 years that Athaliah reigned, that the Israelites quite desisted from traffique, pleadings and all publique acts: otherwise Ehud and Jehoiada were both Traytors, the one for killing his King, the other his Queen.

Third Question.Having shewed what a Tyrant is, his Marks and Practises; I can searce perswade my self to say any thing to that I made my third Question, Whether the Removing him is like to prove of Advantage to the Common-wealth or not? for methinks ’tis to enquire whether ’tis better the man die, or the Imposthume be lanch’d, or the Gangræn’d limb be cut off? But yet there be some, whose Cowardice and Avarice furnish them with some Arguments to the contrary; and they would fayn make the world believe, that to be base and degenerate, is to be Cautious and prudent: and what is in truth a servile fear, they falsly call a Christian patience. It will not be therefore amis, to make appear, that there is indeed that necessity, which we think there is, of saving the Vineyard of the Common-wealth, if possible, by destroying the wild Boar that is broke into it. We have already shewed, that it is lawful; and now we shall see, whether it is expedient. First I have already told you, That to be under a Tyrant, is not to be a Common-wealth, but a great Family, consisting of Master and Slaves. Vir bene servorum nulla est usquam civitas, sayes an old Poet, A number of Slaves makes not a City. So that whilest this Monster lives, we are not members of a Commonwealth, but only his living tools and Instruments, which he may employ to what use he pleases, Servi tua est fortuna, Ratio ad te nihil, sayes another; Thy condition is a Slaves; thou art not to enquire a Reason, nor must we think we can continue long in the condition of slaves, and not degenerate into the habits and temper that is natural to that condition: our minds will grow low with our fortune; and by being accustomed to live like slaves, we shall become unfit to be any thing Else, Etiam sera animalia si clausa teneas virtutis obliviseuntur, sayes Tacitus(a) the fiercest creatures by long constraint, lose their courage. And sayes Sir Francis Bacon, the blessing of Issachar and that of Judah, falls not upon one people, to be Asses crouching under Burdens, and to have the Spirit Edition: current; Page: [7-392] of Lyons. And with their courage ’tis no wonder if they lose their fortune as the Effect with the cause, and Act as Ignominiously abroad, as they suffer at home. ’Tis Machiavel’s(b) observation, That the Roman Armies that were alwayes victorious under Consuls, All the while they were under the slavery of the Decemviri never prospered. And certainly people, have Reason to fight but faintly, where they are to gain the victory against themselves; when every success shall be a confirmation of their slavery, and a new linck to their chain.

But we shall not only lose our Courage which is a useless and an unsafe vertue under a Tyrant, but by degrees we shall, after the example of our Master, All turn perfidious, Deceitful, Irreligious, flatterers, and what ever else is villanous and Infamous in Mankind. See but to what a degree we are come to already. Can there any Oath be found so fortified by all Religious Tyes; which we easily find not a Distinction to break, when either Profit or Danger perswades us to it? Do we Remember any Engagements? or if we do, have we any shame to break them? Can any Man think with patience upon what we have profest, when he sees what we Vilely do, and Tamely Suffer? What have we of Nobility amongst us but the name, the luxury and the vices of it? poor wretches, these that now carry that title, are so far from having any of the vertues, that should grace, and indeed give them their titles, that they have not so much as the generous vices that attend greatness,Dr. Locker. they have lost all Ambition and Indignation. As for our Ministers, what have they, or indeed desire they,Dr. Owen. of their Calling, but the Tythes? How do these horrid prevaricators search for distinctions to peece contrary Oaths? How do they Rake Scriptures for flatteries? And Impudently Apply them to his monstrous Highness? what is the City but a Great Tame Beast, that eats and Carries,Mr. Jenkins, &c. and cares not who Rides it? What’s the thing call’d a Parliament but a Mock? Composed of a people that are only suffered to sit there, because they are known to have no vertue, After the Exclusion of all others that were but suspected to have any? What are they but pimps of Tyranny, who are only Imployed to draw In the people to prostitute their Liberty? What will not the Army fight for? What will they not fight against! What are they but Janizaries, slaves themselves; and making all others so? what are the people in general bus Knaves, Fools, and Cowards; principled for Ease, Vice and Slavery? This our temper, his Tyranny hath brought us to already; and if it continues, the little vertue that is yet left to stock the Nation, must totally extinguish, and then his Highness hath compleated his work of Reformation. And the truth is, till then his Highness cannot be secure. He must not endure vertue, for that will not endure him: He that will maintain Tyranny, must kill Brutus, sayes Machiavell. A Tyrant, sayes Plato,(c) must dispatch all vertuous persons, or he cannot be safe;(f) so that he is brought to that unhappy necessity, either to live among Base and wicked persons, or not to live at all.

Nor must we expect any Cure from our patience, Inganno si gli huomini, sayes Machiavel,(a) credendo con la humilità vincere la superbia. Men deceive themselves, that think to mollifie Arrogancy with humility; a Tyrant’s never modest but when he’s weak; ’tis in the winter of his fortune when this Serpent bites not: we must not therefore suffer our selves to be couzened with hopes of his amendment: for Nemo unquam(d) Imperium flagitio quæsitum, bonis artibus exercuit; Never did any man manage that Government with Justice, that got it by Villany. The longer the Tyrant lives, the more the Tyrannical humour increases in him, sayes Plato,(e) like those Beasts that grow more curst as they grow old. New occasions daily happen, that necessitate them to new mischiefs, and he must defend one Villany with another.

But suppose the contrary of all this, and that his Highness were vi Dominationis convulsus, & mutatus, changed to the better by great fortune, (of which he yet gives no symptoms) What notwithstanding could be more miserable, then to have no other security for our liberty, no other law for our safety, than the will of a man, though the most just living? we have all our beast within us, and whosoever(sayes Aristotle)(f) is governed by a man without a Law, is governed by a man and by a beast. Etiam si non sit molestus(a) Dominus; tamen est miserrimum posse si velit, sayes Tully, Though a Master does not Tyrannize, yet ’tis a miserable thing that ’tis in his power to do so if he will. If he be good, so was Nero for five years, and how shall we be secure that he will not change? Besides, the power that is allowed to a good man, we may be sure will be claimed and taken by an ill. And therefore it hath been the custome of good Princes,(b) to abridge their own power, it may be distrusting themselves, but certainly fearing their Successours, to the chance of whose being vertuous, they would not hazard the welfare of their people. An unlimited power therefore is to be trusted to none; which if it does not find a Tyrant, commonly makes one: or if one uses it modestly, ’tis no argument that others will; and therefore Augustus Cæsar must have no greater power given him, then you would have Tibirius take. And(c) Cicero’s moderation is to be trusted with a consideration, That there are others to be Consuls as well as he.

But before I press this business father, if it needs be any farther prest, that we should endeavour Edition: current; Page: [7-393] to rescue the honour, the vertue and liberty of our Nation, I shall answer to some few Objections that have occurred to me. This I shall do very briefly.

Some I find of a strange Opinion, That it were a generous and a noble action to kill his Highness in the field; but to do it privately they think it unlawful, but know not why. As if it were not generous to apprehend a Theef, till his sword were drawn, and he in a posture to defend himself and kill me. But these people do not consider, that whosoever is possest of power any time, will be sure to engage so many either in guilt or profit, or both, that to go about to throw him out by open force, will very much hazard the total ruine of the Common-wealth.Sueton. in vit. Calig. A Tyrant is a Devill that tears the body in the exorcising; and they are all of Caligula’s temper, That if they could, they would have the whole frame of Nature fall with them. ’Tis an opinion that deserves no other refutation, then the manifest absurdity of it self; that it should be lawful for me to destroy a Tyrant with hazard, blood, and confusion, but not without.

Another Objection, and more common, is, the fear of what may succeed if his Highness were removed. One would think the World were bewitched. I am fallen into a ditch, where I shall certainly perish if I lye, but I refuse to be helpt out for fear of falling into another; I suffer a certain misery for fear of a contingent one, and let the disease kill me, because there is hazard in the cure. Is not this that ridiculous policy, Ne moriare, mori; To die for fear of dying.Seneca. Sure, ’tis frenzy not to desire a Change, when we are sure we cannot be worse; Et non incurrere in pericula, ubi quiescemi paria metuuntur, and not then to hazard, when the danger and the mischiefs are the same in lying still.

Hitherto I have spoken in general to all English-men; Now I address my discourse particularly to those that certainly best deserve that name, Our Selves, that have fought, however unfortunately, for our Liberties under this Tyrant; and in the end couzened by his Oaths and Tears, have purchased nothing but our slavery with the price of our blood. To us particularly it belongs to bring this Monster to Justice, whom he hath made the Instruments of his Villany, and sharers in the Curse and Detestation that is due to himself from all good men. Others onely have their Liberty to vindicate; We, our Liberty and our Honour. We engaged to the People with him, and to the People for him, and from our hands they may justly expect a satisfaction of punishment, being they cannot have that of performance. What the People at present endure, and Posterity shall suffer, will be all laid at our doors: for onely We under God have the power to pull down this Dagon which we have set up. And if we do it not, all Mankind will repute us Approvers of all the Villanies he hath done; and Authors of all to come. Shall we that would not endure a King attempting Tyranny, shall we suffer a profest Tyrant? We that resisted the Lyon assailing us,Cic. in Epist. ad Octav. shall we submit to the Woolf tearing us? If there be no remedy to be found, we have great reason to exclaime; utinam te potius (Carole) retinuissemus quam hunc habuissemus, non quod ulla sit optanda servitus, sed quod ex Dignitate Domini minus turpis est conditio servi; We wish we had rather endured thee (O Charles) then have been condemned to this mean Tyrant; not that we desire any kind of slavery, but that the Quality of the Master something graces the condition of the slave.

But if we consider it rightly what our Duty, our Engagements, and our Honour exact from us, both our Safety and our Interest oblige us to, And ’tis as unanswerable, in us, to discretion, as ’tis to vertue, to let this Viper live. For first he knowes very well, ’tis onely we that have the power to hurt him, and therefore of us he will take any course to secure himself: he is conscious to himself how falsly and perfidiously he hath dealt with us, and therefore he will alwayes fear that from our revenge, which he knowes he hath so well deserved.

Lastly, he knowes our Principles, how directly contrary they are to that Arbitrary power he must govern by, and therefore he may reasonably suspect, that we that have already ventured our liues against Tyranny, will alwayes have the Will, when we have the opportunity, to do the same again.

These Considerations will easily perswade him to secure himself of us, if we prevent him not, and secure our selves of him. He reads in his Practise of Piety,(a) chi diviene Patron, &c. He that makes himself master of a City, that hath been accustomed to Liberty, if he destroyes it not, he must expect to be destroyed by it. And we may read too in the same Authour, and believe him, that(b) those that are the occasion that one becomes powerful; alwayes ruines them, if they want the Wit and Courage to secure themselves.

Now as to our Interest, we must never expect that he will ever trust those, that he hath provoked and feared: He will be sure to keep us down, lest we should pluck down him. ’Tis the Rule that Tyrants observe, when they are in power, never to make much use of those that helpt them to Edition: current; Page: [7-394] it, and indeed ’tis their Interest and security not to do it: for those that have been the authors of their greatness being conscious of their own merit, they are bold with the Tyrant, and lesse industrious to please him. They think all he can do for them is their due, and still they expect more: and when they fail in their expectations, (as ’tis impossible to satisfie them) their disappointment makes them discontented, and their discontents dangerous. Therefore all Tyrants follow the example of Dionysius, who was said to use his friends, as he did his Bottles, when he had use for them, he kept them by him; when he had none, that they should not trouble him and lie in his way, he hung them up.

But to conclude this already over-long Paper, let every man to whom God hath given the Spirit of Wisdome and Courage, be perswaded by his Honour, his Safety, his own Good and his Countries, and indeed the duty he owes to his Generation, and to Mankind, to endeavour by all Rational means to free the World of this Pest. Let not other Nations have the occasion to think so meanly of us, as if we resolved to sit still and have our Ears bored: or that any discouragement or disappointments can ever make us desist from attempting our Liberty, till we have purchased it, either by this Monster’s death, or by our own. Our Nation is not yet so barren of vertue, that we want noble examples to follow amongst our selves. The have Sindercombe hath shewed as great a mind, as any old Rome could boast of; and had he lived there, his name had been registred with Brutus, and Cato; and he had had his Statues as well as they.

But I will not have so sinister an opinion of our selves (as little Generosity as Slavery hath left us) as to think so great a vertue can want its Monuments even amongst us. Certainly, in every vertuous Mind there are Statues rear’d to Sindercombe. When ever we read the Elogies of those that have dyed for their Country; when we admire those great Examples of magnanimity, that have tired Tyrants cruelties: When we extoll their constancys whom neither bribes nor terrours could make betray their Friends: ’Tis then we erect Sindercombe Statues, and grave him Monument: Where all that can be said of a great and noble mind, we justly make an Epitaph for him. And though the Tyrant caused him to be Smothered, lest the people should hinder an open Murder; yet he will never be able either to smother his memory, or his own Villany. His Poison was but a poor and common device to impose only on those that understood not Tyrants practises, and are unacquainted (if any be) with his cruelties and falshoods. He may therefore if he please, take away the Stake from Sindercomb’s Grave; and if he have a mind it should be known how he dyed, let him send thither the Pillowes and Feather-bedds with which Barkstead and his Hangman smothered him. But to conclude, Let not this Monster think himself the more secure, that he hath supprest one great Spirit,(a) he may be confident, that Longus postillum sequitur ordo idem petentium decus.

There’s a great Rowl behind, even of those that are in his own Muster-Rolls, that are ambitious of the Name of the Deliverers of their Countrey: and they know what the Action is that will purchase it. His Bed, his Table is not secure; and he stands in need of other Guards to defend him against his own. Death and destruction pursues him wheresoever he goes: they follow him every where,Job. 20. like his fellow-travellers, and at last they will come upon him like armed men. Darkness is hid in his secret places, a Fire not blown shall consume him; it shall go ill with him that is left in his Tabernacle.White-Hall. Hampton-Court, &c. He shall flee from the Iron weapon, and a bow of Steel shall strike him through. Because he hath oppressed, and forsaken the poor; because he hath violently taken away a House(a) which he builded not: We may be confident, and so may he, that ere long, all this will be accomplisht:V. 5. For the Triumphing of the wicked is but short, and the joy of the Hypocrite but for a moment. Though his Excellency(b) mount up to the Heavens, and his Head reacheth unto the Clouds, yet he shall perish for ever like his own dung, They that have seen Him, shall say, Where is He?

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To all Officers and Souldiers of the Army, that remember their Engagements, and dare be honest.

I Heartily wish for Englands sake, that your number may be far greater then I fear it is; and that his Highness his frequent purgations may have left any amongst you, that by these Characters are concern’d in this Dedication. That I and all men have reason to make this a doubt, your own action, as well as your tame sufferings do but too plainly manifest. For you that were the Champions of our Liberty, and to that purpose were raised, are not you become the instruments of our slavery? and your hands that the people employ’d to take off the yoak from off our necks, are not those very hands they that now put it on? Do you remember that you were raised to defend the Priviledges of Parliament, and have sworn to do it; and will you be employed to force Elections, and dissolve Parliaments, because they will not establish the Tyrants iniquity, and our slavery by a Law? I beseech you think upon what you have promised and what you do, and give not Posterity as well as your own Generation, the occasion to mention you with infamie, and to curse that unfortunate valour, and success of yours, that onely hath gained victories (as you use them) against the Common-wealth. Could ever England have thought to have seen that Army that was never mentioned without the titles of Religious, Zealous, Faithful, Couragious, the fence of her liberty at home, the Terrour of her enemies abroad; Become her Gaolers? not her Guard, but her oppressors? not her Souldiers, but a Tyrants Executioners, drawing to blocks and gibbets all that dare be honester then themselves? This you do; and this you are; nor can you ever redeem your own honour, the trust and love of your Country, the estimation of brave men, or the prayers of good; If you let not speedily the World see you have been deceived; which they will onely then believe, when they see your vengeance upon his faithless head that did it. This if you defer too long to do, you will find too late to attempt, and your Repentance will neither vindicate you, nor help us. To let you see you may do this as a lawful action, and to perswade you to it as a Glorious one, is the principal intent of this following Paper: Which, whatever effects it hath upon you, I shall not absolutely fail of my ends; for if it excites not your vertue and courage, it will yet exprobrate your cowardice and baseness. This is from one that was once one amongst you, and will be so again when you dare be so as you were.

AN APPENDIX.

VVHat is here treated of, appeareth to be lawful; there are not a few Examples, that it hath been followed amongst the Romans; the greatest part of their Emperours fell by the hands of private men: Some of them rather then they would fall by a private hand, or publick hand of Justice, did follow the Counsel here prescribed the late Tyrant, that is, to free others from the trouble of hanging him according to his defers, by killing himself; as Nero and others did before him by poysous and other means. The Advice is good, for none that ever attained to that Estate of Dignity, on Villany, but their Imaginations were served up to the deeming themselvs to be reckoned amongst the Immortal Gods: Men of less Dignity, though of much better mind, must not claim that acquaintance of the Gods, as these Wolves and Panthers. Nero must be deified 3 days before he was condemned to be whipt to death like a Rogue: All men desire rather to appear to be what they should be, than what they are. Their Commands are of Divine Stamp: The preservation of themselves is reckoned at a higher rate then the preservation of the people. They can perswade themselves no otherwise, but their dignity is bestowed upon them out of singular love from above; and that all inferiour to them are given to be vassals; and that they should hold Life, Liberty & Estates, by no other Tenure than that of Courtesie: If it were profitable for the Tyrant to take all three from all, as well as one of all from some, he would do it: But he will not do that, because he must preserve them, or at least so many that by them he may subsist: those whom he destroyed are always the best of men. The Tyrant that is Edition: current; Page: [7-396] the Subject of this Discourse, since none would put in execution what is here urged; nor yet the Army, who should have delivered him to Justice, and made him a famous Example to all afterages; God, by his Divine Hand of Justice, did deliver this poor Captivated Nation from under his hand: His death was not a death like unto other men; though some would have it so: Not one drop of bloud was found in his Heart, who had delighted to drink so much innocent bloud as he did, of many persons who were trappan’d by his Sicofants, who contrived the Plot, & drew in those persons, whose late sufferings prepared them, and made them apt matter for the receiving any thing propounded that had the least savour of Revenge, as Tinder to receive fire. These Sicovants afterwards became the discoverers of the Plots, and the Witnesses themselves; and the Army standing by as aiders and abettors of those horrid inhumanities, of which the Army have (in part) repented: There remaineth yet of their Repentance, Newness of Life, that is, Never more to be instrumental in aiding a Tyranny, either in one or more. The Expedients for prevention thereof, are such as these; That seeing it is lawful to kill a Tyrant and Usurper, without any express Law, it would be much more warantaable, and more encouragement, for Undertakers herein, if a Law were made, that in that Case onely it should be lawful for a man to kill another, that doth design, plot, conspire; or that setteth on foot any thing that tendeth to the erecting a Tyranny. Here it is not meant to countenance Murders, that after slaying a man, it shall be sufficient to plead he was erecting a Tyranny for himself or others: No, but his Plea for his Justification, shalbe attended with such Circumstances, and other Evidences and Proof, that it shalbe demonstrable and evident that it was so. Without some such kind of Law, and the often reading thereof as once it was a Custom, that Magna Charta should be read once a year in every Church throughout these Dominions, you shall never else be able to keep out Tyrants. Would you do it by Arms, he maketh them his: would you do it by Law, he lifteth himself above the Laws? In such a Case, no Hand can reach him, but a private Hand. To what purpose is it, that a Common-wealth shall ordain, that it shall be Treason for any to attempt the Supremacy, and that it shall be punished with death, when such like Ordinances cannot take place, not be put into execution: unless that he who attempteth the Tyranny, do miscarry and fail of his Enterprise? But on the contrary, if the Usurper doth accomplish and effect what he undertaketh, then such kind of Laws are but dead Letters; for that the Law by a publick Hand of Justice cannot reach him, in regard that now he hath made himself Master of the Law, and all Courts of Justice, in which the Law is administred; therefore a private Hand of Justice must reach him: to that end and purpose, to preserve a State free, you must ordain such a Law that great Rewards shall be given, and respect shall be had to such person or persons, as shall kill a Tyrant and Usurper, that shall attempt the Supremacie of a Nation. If such a Law had been in being at that day that the sitting of this Parliament was interrupted; and that in prosecution of that Law some one or two had put it in execution upon Cromwel and Harrison, who took the Speaker by the hand, and drew him out of his Chair, it had doubtless prevented that Tyranny, that hath been over us for these six years, and might again the same day have given quiet to the sitting of the Parliament, if the same day the Execution had been done; the which, doubtless, would have been, if any such Law had been in being. Is it any other, then, in effect, than the same Law that it shall be death to attempt the Supremacie; and that it shall be lawful for any one to kill him, that shall attempt the Supremacie: You design his death, that shall do such a thing by your Law; onely the manner of the Execution differeth: Both are good, and when ordinary Justice cannot reach him, Extraordinry ought. The Reward to the person that shall deliver his Countrey in this manner, ought to be great, he ought to have his Condition bettered ten times, of what it was under the Tyrant; which will invite some to undertake the work. Killing of a Tyrant is onely lawful, when other means faileth. It is not lawful, but when the Publick may probably reap the benefit of it. If you should kill one Tyrant to set up another, you sin against God, and Nature, and Law.

FINIS.

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21 September, 1657

31.

7.31 Anon., Killing is Murder (21 September, 1657).

Editor’s Introduction

(Placeholder: Text will be added later.) Editor's Note: Most of the Greek text in this pamphlet was unreadable.

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Killing is Murder.

OMnibus scribendi datur libertas, paucis facultas, (was the saying of Scaliger:) And therefore, when I first fell upon this Paper, I was wishing to my self, that so good a Subject, as the answering so dangerous an Error, had lighted upon some better Pen than mine; that the justness of the Cause, might not have suffered under the weakness of the Defender: But when I saw the wiser sort gazing one upon another, and the rest greedily swallowing it, either because they understood it not, or believed the others might; I thought it my duty to evince to the World, that every man was not of the Authors opinion, and that a general silence had not begotten a general consent. And this was the true cause of this present Writing; wherein if the World shall be pleased to believe me, I ask no more: If otherwise, I seek nothing but the emancipation of Truth; and therefore if it be an Error, it is one on the right hand, and may the better deserve pardon, if not imitation.

To say nothing of the Title, (which is no more than the Decalogue tythed, or one Commandment thrust clearly out of doors) I shall begin with the Author, whom we find bound up under the name of William Allen; but I believe he is not the first who hath fathered a child that is none of his own; and therefore I question whether it be not as hard to suspect him, as difficult to find him out? For (besides that by the thread it looks not as if it should be home-spun) there are many circumstances might induce me to think it may be Alien-born, if I could for the present think upon any English-man abroad, who (bating the Subject) were able to beget such another: But whoever he be, the Example is more then the Man; and therefore I thought good to discuss his Arguments, and bestow some ink upon the Tetter, that it spread no farther.

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The next thing considerable are his Epistles; in the first whereof the Gentleman is very merry, and gives his Highness an appellation, no good Subject will deny him: He calls him the Father of his Country, (for so indeed he is) yet very dutifully,

——— ante diem patrios inquirit in annos:

He would fain have him gone, that he might come by his inheritance; and plays with the word Father, as Absolom with the credulity of the people, not that he might mend any thing in the Government,1 Sant. 19. 12. but strengthen the Conspiracie, for so the Text calls it.

In the second, to give the more credit to his mutinous perswasions, he would fain be thought to have been a Soldier, and believes, there is no way to be deemed the Cato of the Age, unless he dare be honest, (as he calls it) which in plain English, is factious, and rebellious:

—— Habeat jam Roma pudorem!

Tertius è cœlo cecidit Cato ——

Flor. t. 1. c. 26.Lastly, he implies as if he had deserved well of his Country; and yet methinks he might have remembred, the same did Manlius Capitolinus, of Rome; yet upon moving a sedition, and seeking to get the people to his faction, he was, without any regard had to his good desert, pitch’d headlong from that Capitol, which to his former honor he had so valiantly defended. In a word, he endeavours to place a Religion in the Act, and would be thought himself to be an Angel, if it be for nothing else but troubling the waters.

But to descend to his Book, than which I have not met with a thing more fallaciously composed, or more craftily put together; wherein, Id sibi negotj credidit solùm dari, populo ut placeret, &c. And therefore (like Manna) he would fain relish every mans taste, and become all things to all men, that he may gain some. For whilst he argues confidently, tanquam ex concessis, and as Tully faith of such another, Nihil tam verers, quàm ne dubitare aliquâ de re videatur; he insinuates into every faction, and interest, and secretly steals into the easie People, whose ears are more open to Rhetorique, then Logick, and sooner driven by fine words, than led by perswasion: whence it comes to pass, that they are cheated with the Gloss in stead of the Text, and gulled with the speciousness Edition: current; Page: [7-399b] of the bait, to swallow the hook; which they seldom discover, till they come to repent of, or disgorge, without the very entrailes of some of them, where it bath taken fastest hold. But the best of it is, we have not many examples, that peeces of this nature have made any understanding man a Proselyte, and rarely met with a cordial reception in any, except a few loose, idle fellows, who like the Athenians in the Acts, spend their time in nothing else,Act. 17. 21. but either to tell, or hear some new thing: For, as to the persons for whose sake our Author saith he hath displeased so many to please so few, (the honest and the wise) it cannot be thought but that the former will be so far from being pleased with it, that they will look upon it (as he tells us he wrote it) with indignation; as well knowing, that it is not enough for a man to be Integer vitæ, but he must be also sceleris purus, which I think no man can be said to be, who hath had his hand in blood, especially in the blood of his Prince, whom, by the Laws of Nature, and Nations, he is obliged to defend. And as for the wiseman, though he may have so little honour, and less honesty to approve of such an action when done, yet he hath too much wit to imbarque in the design, as counting it as difficult to be concealed, as dangerous to be effected: And therefore (as vapours go no higher then the middle Region, and from thence fall down again upon the earth) the greatest influence it is like to have, must be upon (the τοπολὺ) the multitude, and these he useth as the Monkey did the Cats paw, to scrape the nuts out of the fire; and having put them in the head that they are the Geese that must preserve the Capitol, he perswades them to put their shoulders to that, which himself knows to be too hot to touch with his finger. In a word, he wants neither fallacies to amuse, nor malice to exasperate them, so that I may as truly say of this Pamphlet what Hotoman as injustly said of Littletin,De verbir [Editor: illegible word] cit. fordum Stultitia videatur in isto libro cum malitiâ, & calumniandi studio discertasse

In the next place he falls upon the business of Sindercomb, and would sain know, whether (if there had been any such Plot) it deserves the Epithites Mr. Speaker gave it, viz. of Bloody, Wicked, &c. concerning which, because I shall have an occasion to speak to it in its proper place, I shall onely say thus much to it at present; That it will sound little otherwise to any person of honesty, or honour, it being a course against all Honour, Religion, Edition: current; Page: [7-400a] Society, Humanity, Laws of Nations, and the very Rules of Policy; Lastly, An act so barbarous, and ferine, that were it not that it would be a very reproach to the age, that the matter should be once disputed, or called in question, it could never be defended:Jan. 3. 15. And so I leave it to that censure which St. James giveth of the wisdom of this world, Which (saith he) descendeth not from above, but is earthly, sensual, and divilish.

But to draw into a lesser circle (or as himself saith) to speak sense more seriously; his Questions are Three. 1. Whether his Highness be a Tyrant or not? (which he is pleased to say will be none) 2. If he be, Whether it be lawfull to kill him? 3. If it be lawfull, Whether it is like to prove more profitable, or noxious to the Commonwealth? In the handling of all which, that I may not seem to balk any thing by silence, or cloud any thing by words,1. Quest. handled. I shall take them in order as he hath laid them; And begin with the first, which, if it be no Question (as he would have it) it needs no Answer: But because he makes use of that seeming negation onely to affirm the stronger, I shall consider his division of a Tyrant, viz. sine Titulo, & Exercitio; wherein, I hope I shall evince to the World, That His Highness is within neither.

That his Highness is not Tyrannus, sine Titulo.As to the first; he saith, That all Power over a Commonwealth, is derived either from the appointment of God, or the consent of the People themselves: Which I grant him, with this restriction, That where the power of God doth not interpose (as it will be hard for him to prove that it hath done at any time, since the Commonwealth of the Jews) the custom of the Country is the rule to go by; and therefore the thing that we are to enquire into will be, whether his Highness hath a sufficient power committed to him according to the Laws and Constitutions of this Nation? which, if he have, it will not matter what customs the Hebrews had amongst them, but sufficiently prove our purpose, that he is no Tyrant in Title. And therefore for answer to his Examples of Sauls and Davids being chosen by God, and confirmed by the people; we must know, that the Jews had an immediate revelation of the will of God by his Prophets, which in those times, we shall rarely find, that they gain-said, (especially in things of this nature;) and consequently, the meeting of the people at Mizpeth, and Hebron to confirm them (as he calls it) was but an act Edition: current; Page: [7-400b] of compliance, to that will of God, which he had pre-declared by his Prophet Samuel; for if it should be otherwise, the election from God would have signified little, unless it should have pleased the people to have confirmed them afterwards. Besides, let him make of it what he can, I do not conceive that the Law given to the Hebrews (as it is properly Law) is obliging to other Nations; for no Law binds any to whom it was not given,Grot. l. 1. c. 8. de jure belli, &c: Deut. 5. 1. and so saith Grotius: And that it was given to them, the Law it self speaks as much, Hear O Israel, &c. And to them solely, will appear not onely by the second verse of the same Chapter, The Lord our God made a Covenant with us, &c but by Deut. 4. 7. and Psal 147. 20. where Moses and the Psalmist, tells them they were the onely people in the world, to whom God peculiarly gave his Laws. And that the Jews themselves did take it so, will be manifest in this, that the Proselytus Portæ,Jew. Antiq. l. 1. c. 3. of whom we read in the Fourth Commandment, was not circumcised, neither did he conform himself to the Mosaical Rites; onely he was tied to the observance of those Commandments, which were given (say they) to Adam and Noah, viz, to abstain from Idols, and Blood, &c. and yet they were such persons as lived in the heart of their Commonwealth amongst them; of this sort were Cornelius, Act. 10. the Worshipping Greeks, Act. 17. and those of whom we read Act. 2. 5. There were dwelling at Jerusalem Jewes, ([Editor: 3 illegible Greek words]) men that feared God of every Nation under Heaven. And this will appear farther by St. Paul, who saith, That he that is circumcised is a debtor to the whole Law; to which, if any one who was a stranger, did submit himself, he not onely thereby gained the right of a Native, but was in opposition to the former, called Proselytus Fæderis, sive Justitie, in regard he was obliged to the whole Mosaical Pædagogy, the other not. Again, we are bound by no part of the Hebrew Law, as it is properly Law;Id. Grat. l. 1 c. 8. because all obligation, except by the Law of Nature, comes from the will of the Law-giver: But that it was the will of God that others besides the Israelites should be holden by that Law, we have not the least intimation. From all which, I argue thus, that if the Laws of the Jews are not obliging to any Nation but their own, as I have shewn before; his examples which are grounded upon those constitutions must necessarily be the same, and therefore no more to be observed, or followed by our State, then is agreeable to our own Edition: current; Page: [7-401a] Customs, or convenience. And therefore supposing that he had argued thus, The Kingdom of France is Hereditary, therefore the Polonian should be the same; or, The Polonian hath no power in time of Peace, therefore no Prince should have more; I beleeve every man would say, there is as great a non sequitur, as I conceive there is in the Gentlemans Argument, That because such a frame of Government fitted the Jews, therefore it should be a pattern to oblige the English; which, if it may be admitted, it will serve as well to prove that there are Oracles now, because there have been such antiently, or that the Devil of Delphos hath not lost his tongue, but gotten a cold. But what will the Gentleman say if in Answer to his Interrogation, Quis fecit te virum, & Principem super nos? I make it evident,

1. That his Highness hath as much an election from God, as is, or can be demonstrable to man.

2. That he hath a sufficient confirmation from the people; and consequently, the Laws of this Realm look upon him as a lawful, and a rightful Prince.

As to the first; Divines tell us, there is a two-fold will of God, viz. Decreti. & bene placiti; For the first, we are not to examine whether God hath in his secret Decree ordained, that he should reign over us; it is enough for us to know his revealed will; we see he is in possession of the Chief-Magistracy, and the Apostle tells us,Rom. 13. 1 There is no power but what is of God, and the powers that are, are ordained of God; not that he hath instituted every several form of Government, but Government in general; which, as it is immediately from him, so all other proceed from him, as from their first principle, and efficient cause, though by the intermediate wills of men; as heat, cold, health, and such like good things, are all from God, but effected by mediate natural causes. So then there is no power which is not from God; the affirmative, we have in the Old Testament,Pro. 18. 5 (By me Kings reign,) the negative (which is more effectual to express a generality, and exclude the contrary) we have in this place, which may seem to be taken from those words of our Saviour to Pilat,Joh. 19. 11 Thou hadst no power at all, &c. except it were given thee from above. For out of that particular, Thou hadst no power, &c. we may safely conclude this general, There is no power, &c. And this, all powers, as well Civil, as Ecclesiastical, confess by their several stiles, of Dei gratia, and Providentia divina. But to proceed; It Edition: current; Page: [7-401b] cannot be imagined that God should regard Sparrows, and take an account of the hairs of our head, and yet stand as unconcerned in the revolution of Scepters; and therefore we cannot lay that to his charge which Phidias did to his Jupiter, that he had loosed his Eagles from his Charriot, and having forsaken his Throne, was gotten down into the Air, a making Centaures (as Boys, diagrams in paper) and had left the world to be governed by Fortune: No, if Scripture were silent, the Poet will teach us otherwise,

—— Neque enim hac sine numine Divum

Eveniunt — —

And therefore let it be enough for every honest man, to keep that station wherein God hath placed him, and as he was not born to a Crown himself, so to let it rest where he finds it;Psal. 75. 7. the disposal of Kingdoms belongeth to God, it is his own prerogative to put down one, and set up another, and therefore it little becommeth a Subject to dispute the title of his Prince, and with his peremptory ballance pronounce a Mene Tekel on his Soveraign.

2. He hath a sufficient confirmation from the people, and consequently, the Laws and Constitutions of this Realm, look upon him as a lawful, and a rightful Prince. And here, give me leave to take my rise to my ensuing discourse, from the state of affairs, in the year 1653. at what time there was no visible face of Government, all things being subjected to arbitrariness, and the whole power over the three Nations, in the hands of his now Highness, then General, boundlesly, and unlimited, and which might add to the danger, a person, not a little beloved by his Army, by whose assistance, it had been no hard matter, to have made any thing lawful, which he had thought convenient: Whereupon, divers Gentlemen, and those too not meanly considerable, made their applications to his Highness, that in regard of the great distempers that then lay upon the Nations, and the greater incertainties that were like to follow (in as much as there being no declared form of Government, men were generally at a stand, either how to act, or what to obey) he would be pleased to accept of the Government, it being thought the onely means to beget a composure, and stop that torrent of blood and confusion, which in all probability was breaking in upon us; adding withal, that they came not to give him an encrease of power, but intreat him rather, that he would abridge himself of some of that, of which (they Edition: current; Page: [7-402a] humbly conceived) he had too much already: In a word, that he would be pleased, to circumscribe himself within such bounds and limits, as they had prepared for him, in that Model, or Instrument of Government, which they desired he would be bound by oath to observe, till such time as it should be further ordered by Parliament; whereupon, weighing no doubt, Minimum decet libêre cui nimium licet,Sen. Tread. and considering, how much better it might be, to become the love, then fear of the people, he accepted of the place, and Title of Lord Protector, &c, and was in the presence of the Lords Commissioners of the Great Seal, the Judges, Lord Mayor, and Aldermen of London, Souldiery, and other persons of quality, publickly sworn to the said Government in Westminster-Hall, before the face of the people: And so having brought his Highness into his Chair, I shall leave him there, and consider, whether the people have given their consent and approbation to this Government of his Highness; wherein I think it will be an easie matter to prove the Affirmative. Witness to this purpose, first, The most considerable of the people, the Officers and Souldiers of England, Scotland, and Ireland (whom I call most considerable, in regard, the experience of all times hath made it evident, that such persons, have always carried no small stroke, in the disposal of the Chief Magistracy, especially, where it hath been Elective, and not Successive) and therefore I say, witness first, their consent, which is not onely clear enough at this day, by their submitting to him, but was further evident, at that time, by their Remonstrances and Subscriptions. Secondly, witness all the Judges of the Land, who conceiving there was a dissolution of Government, scrupled to act, till they had received new Commissions from his Highness, by vertue of which, they have since acted. Witness thirdly, That publick and magnificent Entertainment, of the City of London; those congratulatory Manifesto’s of the City, and County of York, and divers other Cities and Burroughs; the general approbation of so many Grand-Juries, at their publick Assizes, in the name of themselves, and Countries; their returns of thanks to his Highness, that he was be pleased to accept the Government; and solemn Protestations, of their defence of him, in the defence of it: Add to this, the humble Petition of divers Cities, and Towns incorporate, as Salisbury, Colchester, Lynn Regis, Marleborough, Wickam, Woodstock, Swansy, and others, whereby they Edition: current; Page: [7-402b] desired, his Highness would be pleased to renew their Charters, which hath been accordingly done, and with no small acknowledgments, received. Witness Fourthly, All Sheriffs, and Commissioners of the Peace; and generally, all the people of England, Scotland, and Ireland; their submissions to his Highness Writs, for calling two Parliaments, since his Highness accepting of the Government; their elections by vertue of those Writs, and Returns of them; and lastly, the actual sitting of their several members (the Representatives of the people) and making Laws together with his Highness, both which, could not (so much as in common speech) be called Parliaments, no otherwise, then as they owned that power, which gave them being; and nothing of which could have been done by his Highness, if the supremacy had not bin in him, for, Quicquid efficit tale, est magis tale: In all which instances, I have purposely avoided every thing that might, so much as look, like a passive, or implicite submission; (it being one of the objections which our Author pretends to answer, but how lamely, and fallaciously he hath done it, I submit it to sober men) and have onely pitched upon such, as are in themselves express, and actual; and such, as not amount to, but are, explicit acts of faith and obedience: So that I may not improperly apply that of Martial, to our present purpose, Vox diversa sonat, populorum est vox tamen una. Fifthly, To say nothing of the recognition of the present Government under his Highness, made in the Parliament last before this; There is an act of this present Parliament (however the Gentleman is pleased to call a free Election, a Juncto) disanulling the Title, and Line of the late King, as also one other, wherein they declare that the prosperity and safety of these Nations, dependeth (under God) upon the security and preservation of his Highness person: I might add, the offer of the Crown, and Regal Dignities, made him in this Parliament, but I use it onely as an inference, to shew, that they are so far from disowning what he hath already, that they would have given him more: As also that other of this Parliament, whereby they desire, that his Highness will be pleased, by, and under the name of Lord Protector of the Commonwealth of England, Scotland and Ireland, and the Dominions, &c to hold and exercise the Office of Chief Magistrate of these Nations, &c. and his Highness’s publique Instalment in pursuance of it; but because it happened since this Pamphlet came out, I shall onely use it as an argument, that requires our Edition: current; Page: [7-403a] obedience for the time to come: So then, admitting the highest power was once in the People, they have by these Acts divested themselves of that power, without any part of that right retained or reserved to themselves; Neither was this without the height of reason, if we consider the many changes and circumrotations we have suffered within these ten last years; wherein, one party hath been prevalent to day, another to morrow, a third the next, whilst the poor State lay weltring in her blood, and exposed to the ignorant guidance of any fourth, who were able to beat the other three; Nothing considering how they rent their Common mother, and that whoever had the better of it, the Commonwealth must needs be a loser:T Liv. l. 5. & l. 8. I say therefore it was providently done of the People, to dispose of that power out of their own hands, which, all the while they held it, they seldom used but to their own hurt: And that such things have been done in like manner by others, we have the examples of the Falisci, the Samnites, and the Campanians to the People of Rome: The subjection of the latter of which we have in this form. Populum Campanum, urbem quæ Capuæ, agros, delubra drûm, divina, humanáque omnia, in vestram P. C. ditimum dedimus:Julia. 38. The People of Camparia the City Capua, our Lands, the Temples of our Gods, all divine and humane things, we yield into your hands, O ye Conscript Fathers. Besides, it is best agreeable to the humor of this Nation, who naturally hate, either to be governed by more then one, or to see a priority that way in their Fellow-Subjects; and therefore,Annal. 1, Hist. l. 1. like the Cappadocians, refuse that liberty which was offered them, affirming they cannot live, but under the government of a Single person; holding it not only convenient, but most rational, according to Tacitus unum Imperil corpus, unius animo regendum; and in another place, Pacis interesse omnem potestation ad unum conferri. Lastly, he is in possession, which is as good a Title as any of the Roman Emperors, or most of our own Kings had to their Empire;De jure belli &c. lib, 1. c. 74. Mat. 22. 20. And Grotius tells us, A private man ought by no means to take upon himself to judge, but follow the Possession: So did Christ, commanding Tribute to be paid to Cæsar, because the money bare his Image, q. d. because he was in possession of the Empire:Plut. in Pomp. And the same advice did Pompey (whilst he was even then flying from the Rout at Pharfalia) give to the City of Mytilene, That they should fear nothing, but submit themselves to obey Cæsar the Conqueror. So Edition: current; Page: [7-403b] then, whether we look upon the consent of the People,In vita Eliz. 18. or his being in possession of the Supreme Magistracie, (which, saith Cambden, takes away all defects whatever, and was so held by all the Judges in the Exchequer-Chamber, in the case of Hen. 7.) he hath Title enough to require our obedience, and submission to him.

1 H. 7. 4.Besides, the Laws of this Land require it, albeit he had no other Title then the bare Possession: For, where-ever the Law speaks of Nostre Seignior le Roy: it is to be understood of a King de facto, and not de jure, q.d. of a King regnant, and not of a King in name only. And so we find it taken, 1. & 2. of Philip and Mary,Cap. 10. where an Act was made, That the compassing the death of King Philip, during his marriage with the Queen, should be Treason; as well knowing, that he was but a King in name only, and not in office, and so not within 25 E. 3. 2. So the Statute of H. 7.11 H. 7. c. 1. (for indempnifying such as should take part with the King) hath been expounded, to be understood of a King in possession; For if there be a King regnant in possession, although he be Rex de facto, and not de jure, yet he is Sn̄r le Rey within the purview of this Statute. And that we may see this was no new thing, taken up to serve the present occasion, we may easily find that it had been so adjudged before these Statutes:Inst. 3. 7. For it was said that a man might be arraigned in the time of Ed. 4. for Treason done to H. 6. in compassing his death: And further, that if E. 4. had granted a Pardon in the time of H. 6. it had been void, for that it cannot be granted by any but a King en fait. But if any man shall object, that what I have offered speaks only of a King, which his Highness is not, and therefore being penal shall be taken strictly to intend nothing else;9 E 4. 1. be pleased to turn to the end of the second Question, where I have determined to handle this matter, as in its most proper place. And therefore to proceed; He that shall but seriously examine how often the line of succession to this Crown hath been disturbed, since the Norman Conquest, will find that a great part of the Kings of this Land had no better Title then Possession, or an Act of Parliament, and yet have thought their Rights sacred and inviolable. To say nothing of W. Rufus, Hen. K. Stephen, K. John, Edw. 3. Hen. 4. 5. & 6. Rich. 3. I shall begin with Hen. 7.Ret. Pat. 20 R. 2. (whose first Ancestor John de Beanfort, was legitimated by Act of Parliament, with this Clause,m. 7. Inst. 4. 37. (Exceptâ dignitate Regali;) who knowing not where well to find his Title, unless it were in his Edition: current; Page: [7-404a] Scabbard, had an Act penned under covert and indifferent words, That the Inheritance of the Crown should rest, remain, and abide in the King, &c.Hist. H. 7. p. 11. Which words (faith the Lord Bacon) might equally be applied, That the Crown should continue to him; but whether as having former right to it, (which was doubtfull) or having it then in fact and possession, (which no man denied) was left fair to interpretation either way; and yet this was thought Title good enough, for the Nation to yield him obedience: For it is to be noted, that at this time, nor in some moneths after the dissolution of that Parliament, he had not entermarried with Elizabeth the eldest daughter of Edw. 4. and consequently,1 Marie, Sess. 2. c. 1. had no more right of his own, then what a long sword and a better Parliament had given him. In like manner Q. Mary thought herself legitimate enough when the Parliament had declared her so; (and hence possibly it might be, that that Parliament took its name of Parliamentum propitium) And Queen Elizabeth, and King James2 Eliz. 3. 1 Jac. 1. their Titles strong enough by their several Recognitions: For, that they suspected it before, will easily appear in this, that had there not been some apparent flaw in them, they knew too much, to have submitted them to be sodered by a Parliament. And therefore to take all this together, if the People of England, Scotland and Ireland have given his Highness their actual consent and submission; if the Parliament of the three Nations have disannulled the old Title and Line; if they have owned his Highness by the name of the Lord Protector, &c. if they have more then once received Laws at his hands, which is a most inseparable mark of Supremacie—volentes—Per populos dat jura—saith Virgil; If the Law regards no other King, but him in possession; And lastly, if many of our own Kings have thought it, and an Act of Parliament, a sufficient Title to this Crown; I may safely conclude this Part, That whoever hath so much to shew for the Supremacie, hath a good Title to it; And that his Highness hath as much, I hope I have by this time satisfied any unbyassed judgment, and being so, his Title is such,

—quo possit dicere, Jure meum est.

But to proceed; The next thing I meet with is a ripping up of many things, which, though possibly they may not be so well for the present as could be wished, yet may be justified to be no other then what the present necessity of State requires, and what others Edition: current; Page: [7-404b] (both Princes and Commonwealths) have done in like cases: In setting down which, methinks the Gentlemans ink is a little too thick: For, besides that he hath thrown in a great deal of dross to help out weight, he thinks it will best suit with the Genius of the people, if what he wants in Argument, be made up in Railing. But because all this is of the same batch with his Character of a Tyrant, I conceive it may receive a more proper Answer in his second Division of a Tyrant, viz. Exercitie.

And herein I shall begin, with his Character;2. That his Highness is not Tyranous Enercitio. and because most things in it are packt together meerly to amuse the people, and few or none of them do competere solo q.d. proper only to a Tyrant, but may be applicable in like manner to almost all Princes, especially such as are wise, or would be safe; I shall take such of them as are of most weight, in pieces, and prove them to be no other, then what have been done formerly, and may be made use of again upon the like emergencies. And by his favor, his first is not so properly a Character: For because particular men that have been Generals of Armies, have misused that power into a Tyrannie, it will not follow that every General must do the same, or that there may not be a Tyrant as well without an Army, as with it. For Tyrannie, which is nothing more then a depravation of Monarchy, may be as well exercised in times of peace by distorting the Laws, as cutting them in sunder by the power of a sword. But to pass this, I believe it will hardly be denied, but that most Kings who have laid the foundation of any new Government, have been the same,Discor. l. 1. c. 10. q.d. Generals of Armies. What was Romulus, Theseus, Cæsar and others? whose memories are so fresh in History, and whose names look so big in the rolls of Fame. To avoid many instances, I shall pitch upon that of Cæsar, concerning whose war with Pompy, and taking upon him the Empire, though Machiavel says, that they that wrote his History, were bribed by his Fortune, yet if we shall believe Florus that wrote neer One hundred and eighty years after his death, (and so long after Truth is freely spoken, especially under Trajan,Tac. Hist l. 1. in whose days (saith Tacitus) a man might have thought what he would, and spoke what he thought) he will tell us, that after he had beaten Pompy at Pharsalia, and his sons at Munda,Flor l. 4. c. 2. the people of Rome were so far from thinking him a Tyrant, that non ingratis civibus omnes honeres in unum; Principem congesti: circa templa imagines, &c. His Edition: current; Page: [7-405a] Country not ingrateful, heaped all sorts of honor upon that one Prince: He had his Images about the Temples, a Crown deck’d with rayes in the Theatre, a Chair of State in the Senate, a Pinacle upon his house, a Moneth in the Zodiac; and besides all these, himself proclaimed,Rom. Antiq. 171. Pater patriæ, Consul in decenuium, Dictator in perpetuum, Sucrosanctus, & Imperator: All which Titles, together with the name of Augustus, were afterward conferred upon Octavius Cæsar, after he had broken the Triumvirate. All which I was the more willing to instance in, because I have not met with any thing come neerer our own story: Here is a General invested with the Civil power, and so far from being thought a Tyrant, or his taking the Government upon him an Usurpation, that the People (as I have shewn) not only laded him with honors, but loved his virtues, rather then feared his power: But I am afraid I have been too long.

De jure belli, & c. 1. 3. c. 5.His next mark of a Tyrant is, That he proceeds rather by fraud, then force: (a luckie Craft, as he calls it) pray who is more full of it then Ulysses, in Homer? or thinks it more just, then Agesilaus, in Plutarch? or calls it more profitable, then Xenophon in his life of Cyrus. Grotius calls it an honest craft, if it he devised against an Enemy; and saith, It matters not, whether a man get out of the power of his Enemy, by force or fraud: and to that purpose quotes St. Chrysostom, who saith, Those Generals are most praise-worthy, who have gotton the Victory by Stratagem: And St. Augustine, who declares, that when a just War is undertaken, it is no difference in point of right, whether one fight with open force, or lye in wait. But because some may object to me, that the Father saith it must be a just War: if you will take what is a just War (out of Livy) it is thus; Justum est bellum, quibus necessarium, & pia arma, quibus nisi in armis spes est. That War is just, that a man cannot avoid, and those Arms pious, where a man hath no other hope but in them. And therefore let no man think, he is obliged to fight with his Enemy in mood and figure,Hor. Furens. or that it is a breach of honor, to strike him anywhere but upon his Buckler. No —— Dolus an virius quis in hoste requirat? was an old saying; and without a large command of both, I think a Prince may keep his Dominions so long, till another who hath more wit then himself, take them from him: For it will be an easie matter to satisfie the people, with whom, as saith Seneca —— Quaritur Edition: current; Page: [7-405b] belli excitus non cause, and the depth of their enquiry,Hor. Furens. is not how, but, who, had the better of it. Hen.-, (the first Ancestor of the late Line, for whose cause I beleeve this Pamphlet was principally intended) will tell us how lawful it is, if not, a credible Author will inform us, he made a higher use of it, when to give the more credit to his Espials abroad, he made his Religion,L. Bacon’s Hist. of H. 7. [Editor: illegible word] 125. a Pandar to his interest, and used to have them cursed at Pauls (by name) among the Bead-roll of the Kings Enemies. The use of which was, That as many conspiracies were thereby revealed, so the same and suspition of them, kept (no doubt) many from being attempted.

Then again, he saith, A Tyrant never goeth without his Guard, nor his Highness without his Life guard: Which, how usual it is for the meanest General, needs no example.Arist. Polit. l. 5. cap. 11. But if he had given us all that Aristotle had said concerning it, he might have bold us his difference, betwixt a King and a Tyrant, in that the first is guarded by his own Subjects, the other by Strangers: And which of these two his Highness resembles, I leave it to his very enemies, (nay the Author himself) to judge.

Again, (saith he) They impoverish the people, that they may want the power, if they have the will to attempt any thing against them: Which, that it is inseparably incident to all new States, no understanding man can deny, when he shall consider, that the People, who are always inclinable to change, in hopes of better, not meeting with what they expected (in regard of the Necessities that attend a new State) are still prone to try further.

Again, (saith he) They make war to divert, and busie the people: But, that this is no more then what hath been practised by our own Kings, will easily appear in our Stories (as lame as they are.) And truly, were our Wars at this time the same, (which the Gentleman doth not prove so much as by circumstance, or any thing else, besides his own word) yet they may be justified, to stand with a great deal of reason: For, foreign wars are the sink of a Commonwealth, and are the same to the body politique, that Leeches are to the body natural; who, besides that they carry off a deal of melancholy, black blood, are by experience found to draw off the causes of those vapors, which, if they were let alone, would infest the head. Edw. 3. and Hex. 5. made the same Edition: current; Page: [7-406a] use of it: The latter of which, at what time the Nobility had set the Commons against the Bishops; by the perswasion of Thomas Arundel Archbishop of Canterbury (who had put him in head of his Title to France) he diverted those ill humors into an honorable War, which ended in the Conquest of that Kingdom: whereas, if they had been cherished at home, and not vented abroad, they had engaged this Nation in little less then a general combustion. Neither can any sober man say, but that our Wars have had as honorable an Exit: wherein, we have let the world know, we have been able, at the same time, to grapple with our Enemies, and defend our Allies. The examples are obvious, and need not so much as naming. And therefore, whereas he instanceth the war with Spain, it will easily appear to be a war (however the Scene hath been his own Chamber) meerly defensive, and thrust upon us by that Nation, whose boundless ambition thinks he hath too little elbow-room, till he can write a Ne plus ultra upon the one, as he hath done the contrary upon the other of Hercules Pillars: And therefore, methinks we should a little disdain,L. Bacon. That the Nation of Spain (which however of late it hath grown to rule, yet of antient time served many Ages, first under Carthage, then under Rome, after that under Sarazens, Gothes, and others) should of late years take to themselves that spirit, as to dream of a Monarchy in the West, according to that bold Devise, Video Solem Orientem in Occidente; only because they have ravished some Mines, and Gold, from a wild, and unarmed people, who had less Iron then themselves: But I believe, they have met with another kind of people in the English, whose first work hitherto hath been to find them out, the next to beat them.

De jure belli & Pacis.Lastly, for that part of his Highness speech, which the Gentleman is pleased to call his Comment upon Aristotle, I have met with the like of M. Antoninus, who would not touch the publique monies, without advice of the Senate; Dion. l. 6. quoted by Grotius l. 1. cap. 67.

I might with ease run through the rest of his Character, but as I said before, they do not competere solo; and therefore in this place I shall make good, That if there be any little things in this Government of his Highness, that by implication may be drawn within any part of his Character, (for directly there are none) that they are no other, then what either the present condition of Edition: current; Page: [7-406b] the State will best bear, or what most wise Princes, and Commonwealths have upon like necessities of State done, and may well justifie the doing of. And here, we must not look upon a City, or State that is corrupted, with the same eyes, as we would upon those flourishing ones of old, which we have read of; because the Times men read of, are commonly better then the Times men live in, and the duties better taught, then practised: And to this purpose (saith the Lord Bacon) They contend too far, who would impose the Laws of Antient severity upon dissolute Times: And that our Times have been such, I believe the question may be saved:Plut. in Sol. And therefore as Solon said concerning his Citizens, That he had given them the best Laws they were capable of; So we must satisfie our selves with such Administrations as we have for the present, as well knowing, that the sudden throwing off, even of the worst things, is dangerous, and Advises that way are safelier heard, then followed: Which error Cicero notes in Cato the Second,l. 2. epistle 1. when writing to his friend Atticus, he saith, Cato optimé sentit, sed nocet interdum Reipub. Loquitur enim tanquam in Repub. Platonis, non tanquam in fæce Romuli. In like manner, we must not argue à Repub. constituta ad constituendam, in as much as the former is fixt, and setled, and the latter, trying all ways in order to that end. Some things may be not only justifiable, but laudable as the case may happen, which at other times, are so far from pardon, that they do not deserve excuse. Who would not think that man beyond the power of Hellebor, that should throw his goods overboard in a Calm? and yet, in a storm there is nothing more usual. The case is the same here: There are (saith he) Taxes, and Armies still on foot: To answer which, there are Enemies abroad, and Discontents at home: And as it cannot be expected, as long as the cause remains, the effect should be taken away, or that the Accessory should lead, but follow its Principal; so neither can it rationally be thought, that our Taxes should cease, or Armies be disbanded, as long as there are Enemies, or Discontents to be feared; who, though they may seem to sleep for the present, ’tis but as Pliny reports of the Lyon, with his eyes open: And therefore a man must not think an Enemy destroyed, as soon as he is beaten, or rooted out, because he is not able to keep the field; but ply him with warm clothes, and if he be not able to come to you, follow him. And so did Cæsar, who thinking it not enough to Edition: current; Page: [7-407a] have beaten Pompy at Pharsalia, follows him into Egypt, and his sons into Spain. to make that Victory secure, which otherwise had been but doubtfull: And the same do all wise Princes (or such as intend to be safe) dealing with those before (as boys do with Adders) never think them destroyed, though cut in pieces, or sufficiently secure of them, as long as they threaten so much as with their tail; lest (what Naturalists report of the one, prove true in the other) that those divided pieces crawl together again, and those brands, but superficially quench’d, break forth into a greater flame: Now how this should be done without men, and monies, I understand not. So then, if we have Armies, and Taxes, they are but some of those natural effects which Wars bring along with them, which being once removed, the other will soon cease of themselves: till when, Preservation is to be preferred before benefit, in as much as those Counsels which tend to the former, seem to be attended with necessity; whereas those deliberations that tend to the latter, seem only accompanied with perswasion: And it is ever gain, and no loss, where at the foot of the account, there remains the purchase of safety.

But because men are best taught by Examples, and a sober inquiry into times past, is the best way to be satisfied with the time present; I shall give some few instances, wherein this Necessity hath been the guide not only of particular mens actions, but even of whole States.Plut. in Cæsare. ’Twas this made Cæsar break the sacred Treasury (notwithstanding the opposition of Metellus the Tribune) to take the monies there stored up, for the service of the War: And David to eat the Shew-bread,1 Sam. 21. 6. which was not lawfull to any, but the High-Priests only. ’Tis this hath made the Kings of France, and Spain, so often raise, and pull down their Coin, according to the fulness, or emptiness of their Coffers: ’Tis this hath made, not only them, but our former Kings to embase our monies: Frederick the Second, when he besieged Millan, stampt Leather for currant; And the Hollanders (Anno 1574) make monies of Pastebord.Camb. Rem. 179. In a word, If a man should ask why Dido laid Impositions upon her Subjects, and kept so many Soldiers on foot, Virgil will answer for her,

Res dura, & Regni novitas me talia cogunt

Molliri, & late fines custode tueri.

Edition: current; Page: [7-407b]

And another, to the same purpose ——

—Princeps (quia bella minatur

Hoster) militibus urbes præmunit, & armis.

Lastly, there is a Rule in our own Laws, Quod aliàs licitum non est, Necessitas facit licitum, & inducit privilegium, quod jure privatur. So to break prison, is felony; but not,15 H. 7. 2. Plow. Com. 4 E. 6. 13. 26 Assi 21. if the prison be on fire. So the wilful killing of a man is murder; but for preservation of his own life, a man may kill another that assaults him, or would rob him. I might add more, but I think these sufficient; and therefore conclude, That if not only particular men, but even whole States, have thought Necessity of State a sufficient warrant for the doing of things altogether unlawful in themselves; if our own Laws give a dispensation in like cases, and that to private persons too; It were hard measure to deny the same priviledge to Princes, to whom, according to Seneca, Quod Jovi, hoc Regi licet;Her. Fur. and who have the greater reason to be hedged and fenced about with such prerogatives, by how much the more they lie the more open, and exposed to storms. In a word, to be so nice and rigid in this point, were to invert the Fable of Æsop, To catch Swallows in Cobwebs, and suffer the little Fly to break through with the Spider: which, if it be not to be imagined, we can no more deny, but that such Actions of his Higness (which the Gentleman is pleased to call Tyranny) being no other then Actions in order to safety and preservation, are so much the more justifiable, by how much the more the general safety is to be preferred before a particular good, and the Common cause before a private interest. And so I leave his first Question to such satisfaction, as you have met with before: And hope that according to my promise I have proved his Highness to be no Tyrant, either in Title, or Government.

2 Quest.The next Question is, Whether if his Highness be a Tyrant, he may lawfully be destroyed? Wherein, admitting all that the Gentleman hath laid down to be true (as it is not) yet I say, A Subject cannot lay violent hands upon his Prince (although a Tyrant) and be held guiltless: And here I think it will not be expected that I should again prove his Highness to be a lawful Prince, according to the Laws and Constitutions of this Nation, having done it before in the 6, 7, 8, 9 Pages. — And therefore having admitted him to be such, I come to prove Edition: current; Page: [7-408a] the unlawfulness of destroying or killing him, though he either had, or should abuse that power into a Tyranny. And to this purpose having

1. Spoken something to his general matter.

2. I shall examine whether the Authorities, and Examples, which is hath brought to prove this Killing Proposition will serve to any purpose; or whether they are not grossly mistaken, if not wilfully detorted? and so disprove them.

3. I shall make it appear, That it is directly against

1. The custom of the very Heathens, and abhorr’d by them.

2. That it is against positive rules of Scripture, and examples of holy men therein:

3. Against the practice of the Primitive Christians.

4. Against the Laws of Nations.

5. Against the particular Laws of this Land.

4. I shall give some account of the evil fate that hath attended such persons, as have had their hands in the blood of their Princes, although Tyrants.

1. Answer to his general matter.For the first; It seems he hath not cast all his venom, at least if he have, he licks it up again: For he spends a side or two to the same purpose as he hath done the six former, only with this difference, that he hath wrested an Application in the former, but in this he hath given us none at all: only runs on, as if all were granted, and like Mr. Hobbs in his Epistle before his Leviathan, would have the people believe, he is a person loves his own humor, and thinks all he saith is Truth. And therefore, because in my former discourse I have sufficiently answered his point of Tyranny, I shall in this place meddle only with his new matter. As first, that of Grotius l. 3. c. 8. where he would have him say, That where all are slaves, it is not, a City but a great Family: And another out of his 1 lib. c. 8. (as he saith) Where no Iustice can be had, every man may be his own Magistrate, and do Iustice for himself. Concerning which, I will assure any man, that will not take the pains to search the book, that there is no such thing, nor ought that is like it. But however, to say somewhat to both, because they are in his Pamphlet: I shall not deny but the first may be good sense, and true enough, (whether it be Grotius’s, or the Poet’s, as he would have it in another place) but, that this should concern Edition: current; Page: [7-408b] our selves, he must give me some better proofs then his bare saying, We are members of White-hall, before I think it worth the answering: And as to his second, I cannot believe that Grotius should be guilty of interfering;Dejur belli l. 2. c. 74. for I remember a Position of his in another place, directly contrary to what he would have him speak here, and that is, A private man ought by no means to take upon him to judge, but follow the Possession: But if this single Authority be not enough to disprove it, Bodinus goes yet further,De Repub. l. 1. c. 5. who saith, That a private man ought not to be his own Judge, whether a Magistrate doth him wrong, or not. And so I leave these, and come to his other of Aristotle, Plato, and Cicero, whom we must allow (especially the two first) to speak somewhat freely, because they were generally conversant in Popular States, to which it is inconsistent, that one man be greater then another, for fear he should grasp the Seigniory: And therefore I think it very material to speak somewhat in this place to the word Tyrant: Concerning whose Etymologie, (to say nothing of Dr Critton’s quibble, who would have it come from[Editor: illegible Greek word];, caseus, because as Cheese is prest in the Wring, so the People are opprest by a Tyrant) I have met with none that comes nearer the primitive use of it, then what Calipine gives of it,Tit. Tyrannus. viz. [Editor: illegible Greek word], à dominandis populis, and so amongst the Antients was taken for him that had plenam in subditos potestatem, that is, a King: And in this sense it is used by Virgil,Æntid. 7.

Pars mihi pacis eri: dextram retigisse Tyranni.

Which in English, is no other, then to kiss the Kings hand. And therefore I should be easily drawn to believe, that by [Editor: illegible Greek word] they intended such a person, who by the constitutions of such, or such a place might, and did rule singly as King; and by [Editor: illegible Greek word] him that in a free, and popular State, used some indirect means (as of necessity he must) to usurp that Grandeur, which was inconsistent to their Laws: And so the Greeks took it; Græci olim quemlibet in libera civitate deminantem [Editor: illegible Greek word - possibly Tyrannon] appellabant, saith Rider: And truly it doth not appear to me, that it was the man, but the thing which they generally hated and decried, that is, to be governed by a single person, and therefore they spoke so bitterly against it, to deter others from attempting it: So that all that Aristotle, and Plato have written concerning it, are not to be taken so strictly, in reference to us: For till such time as there were many Free States, and that particular persons aimed at the sole government Edition: current; Page: [7-409a] of them, the word was used in the best sense, and signified no more of injustice, then the word Latro, did antiently a Thief, or that of Knave, for what we now use it. And I suppose Grotius might have thought of somewhat like this, when (in his Preface to his Book De jure Belli & Pacis) wishing that Principality, had not for some Ages, gone into Tyranny; he adds, That Truth to which Aristotle was a faithful servant, is opprest by nothing more, then the name of Aristotle; but for his own part (saith) he will imitate the liberty of the Antient Christians, who were sworne to no Philosophers Sect, &c. But to proceed; I had almost forgot that which he cites out of Tertullian, Contra publicos hostes & Majestatis reos omnis homo miles. Concerning which I shall use the words of Grotius upon the same place: where the question being, In what cases an Invader may be expelled by force;De jure &c l. 2 c. 74. he saith, That if an Invader by an unjust war, hath seised on the Government, nor hath there followed any agreement, or faith given him, but his possession is kept by force, in this case (saith he) the right of War seems to remain: But because there is nothing of this in our case, for as I have shewn before, his Highness hath received a sufficient Testimony from the People of their consent, and his first Commission was enough to justifie him from being an Invader, I think this needs no further Answer. I have but two things more, and I shall fall to his Examples. The first is the Valerian Law, that made it lawful, for any man, to kill him, that took upon him the Magistracie, without the command of the People: To which, I say the same which I did formerly concerning the Laws of the Hebrews, that it was a particular Law proper to the Commonwealth of Rome, and calculated for that Meridian only. But because this Answer will not satisfie every man, I shall refer him that is scrupled at it,v. p. 7. 8. so what I have said before concerning the Consent of the People, then which, this word Command signifies (in this place) little more, if not the same: But as if the people of England had thought, some such thing might be objected to them hereafter, they did by their frequent applications to him, make it appear, that what in them lay they went about to command him; and so consequently his Highness is not within this Law. But now he talks of the Laws of Rome, I can tell him two that would have made fine work with such doctrine: The first was the Law Horatia, Si quis Tribunis Plebis, Ædilibus, Judicibus nocuerit, ejus capus Edition: current; Page: [7-409b] Jovi sacrum esto: where, by Jovi sacrum caput, they intended a person excommunicated from the society of men, and such, as having his head vowed to the Gods, might be slain by any man, without being liable to Judgment for it,Rom. Ane 179 quoniam anima diie devot a amplius humani commercii non sit: And in this sense, whoever brake this Law, was called Homo sacer. Wherein it is observable, that the Law doth not say, whoever shall kill the Magistrate shall die therefore; but if he shall offer them never so little violence, q. d. si nocuerit, if he shall but hurt one of them, &c. The next is the Law made in the Consulship of C. Julius Cæsar,Cic. Phil. 2 whereby it was ordained, that such as were condemned of Treason, or raising uprores in the Commonwealth, should be banished. But as I said, they were Roman Laws, and so I leave them. The second is his master-Argument, drawn out of the 2. Philippick, wherein Cicero doth more then favour the parricide of Cæsar: But every man that remembers the story will be ready to say,Plea. in Cic. So brave an Orator, might have been eloquent at a cheaper rate, then the loss of his head, (for so much indeed it cost him) no great sign of approbation: And when he shall consider how suddenly the people revenged his death, damm’d up the Court wherein he was slain, Curiam in quâ occisus est obrui placuit, (saith Suetonius) Idúsque Martias Parricidium nominari,Sueton. in visa Cæs. ac ne unquam eo die Senatus ageretur, and withall bestowed upon him the honor of an Apotheosis, or enrollment amongst the Gods; the question will be soon out of doors, whether he were a Tyrant, or whether the people approved his murder: Besides, we must allow Cicero to speak like an Orator, especially against Cæsar, whose name (saith Florus) was so cryed up for eloquence and spirit, being thought to have been his equal therein, at least his second; and upon this score there was great emulation between them,Plut. in Cæsare. witness that book of his entituled Anti-Cato, wherein he did aspire to the victory of Wit, as victory of War, undertaking therein a conflict with the greatest Champion of the Pen, Cicero the Orator. I might add that other of his De Analogia, which was was nothing but a Grammatical Philosophy, wherein he did labour, to make vox ad placitum, to become vox ad licitum,L Bacon’s Adv. l 1. c. [Editor: illegible word] and to reduce custom of speech, to congruity of speech; and as also divers others which you may read in Suetonius and others. But Cicero himself hath not spoken so ill of him in this place, as he hath well of him in another, Edition: current; Page: [7-410a] when pleading for Marcellus, and desiring Cæsar to call to minde how much he had deserved of Rome, although he was unfortunate in lighting upon the wrong side, he saith thus, Memento Caje, memento: Dii immortales! quid dix rim. &c. Remember, O Cajus, remember: O ye immortal Gods! why do I bid Cæsar remember, who never forgot any thing but injuries? And so I pass this, with that censure which Juvenal gives of him for writing this second Philippick: O fortunatam, &c.

[Editor: illegible word] 10.Antoni gladios possit contemnere, si sic

Omnia dixisset; Ridenda poemata malo,

Quam te conspicuæ divina Philippica famæ, &c.

In a word, both this famous Orator, and our Gentleman, if they had not forgot Æsop, might have learn’d to be wiser, as remembring, the Wolf had his skin pluck’d over his ears, for but putting his head within the Lyons den.

2. A disproof of his Examples.In the next place I come to consider his Examples, which (with submission) I conceive to be nothing to his purpose, though he hath dealt with them as Procrustus did with his guests, some he stretches, others he cuts shorter, if by any means they may be brought to fit his model. The first is that of Mutius Scavola’s attempt against Porsena; which, that it is nothing to the purpose, will appear by his own words (Hostis, hostem occidere volui) Being an Enemy, I would have slain an Enemy: And being so (as all who know the story must confess it) he could not attempt his life as being a Tyrant, but an open Enemy; and consequently, was but an act of single valor, as the words themselves necessarily imply; and no other,2 Mac. 6. 40. then what Eleazer in the Maccabees. did upon an Elephant larger then the rest, supposing the King had been upon him; Or the two Roman Soldiers, that ventured to cut the cords of Balista,Tac Hist. l. 3. c. 6. De jure belli, &c. l. 3. c. 32. at the battel of Cremona. And to this purpose, Grotius makes this excellent difference, between murtherers who violate their faith, either express, or tacite, as Subjects toward a King, Soldiers toward their General, &c. and between those that are not bound with any faith, who being open Enemies, by the Laws of Nature, and Nations, may kill one another every where: And such was Persona, to Scavola. v. Flor. l 8 c. 10.

Exo. 2. 11.The next is that of Moses’s killing the Egyptian; concerning which, he saith every English man hath as much a call as Moses had, Edition: current; Page: [7-410b] to slay, &c. And truly I am of his opinion; for to me it appears, that neither had any: For if we consider the Text, we shall find that Moses had so little warrant to justifie his act, (that we read) he hid him in the sand; and the people were so far from allowing, or approving it, that the first time he hears of it, ’tis by way of exprobration, Wilt thou slay me as then didst the Egyptian? So that the act was altogether unwarrantable, and no more to be drawn into president, then the spoiling the Egyptians, to justifie Plunder.

The next is that of Sampson, and the Philistines: In which whole story, though we shall find in two places, that the Philistines had dominion over them, I conceive it cannot be understood otherwise, then of their prevailing over them; For, that Israel had given them any faith, or so much as promise of subjection, doth not appear, but rather the contrary,Jud. 16. 22. for themselves give Sampson the appellation of Enemy; Sampson our enemy, &c. And this might be the reason, why, although they had overrun the Israelites, they suffered no Smiths to live amongst them, because having received no faith from them, they were afraid of those excursions, which throughout the story we shall find some or other of the Israelites ever and anon making. And from hence I think I may safely say, the Philistines and Sampson were open Enemies, and consequently all acts of killing, and spoiling, were lawful between them. But this example will receive a stronger answer,Jud. 15. 5. which is a particular promise that God made to Manoah (the mother of Sampson) that He would give her a son, who should begin to deliver Israel out of the hands of the Philistines. And to this purpose we shall find, that the Spirit of God moved him, v. 25. of the same Chap. So v. 19. of the next Chap. The spirit of the Lord came upon him So Ch. 15. v. 14.—came mightily upon him, &c. and divers other places of the like nature. And so I think this Answer sufficient, 1. That they were open Enemies. 2. If they had not been so, there was an immediate inspiration from God to that purpose, and consequently not the act of a private man, as the Gentleman would have it.

The next is that of Samuels doing Justice upon the Tyrant Agag, (for so he is pleased to call it.) To which I answer, That besides that I said last before, that they were open Enemies, here was a particular command of God in the case. And therefore I shall take the Edition: current; Page: [7-411a] story in pieces, and see, what Analogy there is between it, and the present purpose.—When the children of Israel murmured at the waters of Massah and Meribah, Amaleck came out and fought against them,Exo. 17. 8. whereby to obstruct their passage into the promised Land; And this we may read more fully in Samuel, where God saith,1 Sam 15. 2. I remember what Amaleck did to Israel how he laid wait for him in the way &c. And therefore God commanded Saul, to destroy him utterly; that as he had been the first of Nations, (q. d. who had warred against Israel) so to fulfill the prophecie of Balaam, his latter end should be, that he perish for ever. Now Saul having destroyed the Amalekites, and contrary to the express commandment of God,Num. 24. 20. reserved Agag alive; Samuel, as well to fulfill that command, as to compleat the decree of God delivered (as before) by Balaam, hews him in pieces, &c. And other sense cannot rationally be drawn out of this place; for Agag had never any thing in the Nation of the Israelites whereon to ground a Tyranny, and consequently could not be slain as a Tyrant, as the Gentleman would have it: And so I think this Example quoted to as little purpose, as the three former.

De iure, &c. l. 2. c. 74.The next is that of Jehoiada’s slaying Athaliah. To which (besides what Grotius saith of it, that it was done as Protector to the young King Joash) I give this Answer; That when Athaliah saw her son Ahaziah was slain by Jehu, she destroyed all the seed Royal of the house of Judah (Joash only excepted:) which, that it was done with an intent to ingross the Scepter to herself, and her own line, will easily appear out of the same Text, Behold, the Kings son shall reign,2 Cht. 23. 3. as the Lord hath said of the sons of David: And what that was, we may read 2 Sam. 17. 16. where Nathan speaking by message from God to David he saith, Thy house and thy kingdom shall be established for ever, &c. both which Athaliah attempted to destroy, and therefore justly slain. But, saith our Author, He had no authority for doing it either from God, or the Sanhedrim. To which I answer, That if he had no authority, the less is it to be drawn into president;Luk. 1. 2. for though a man in many actions may do justum, yet if he have no warrant for it, ’tis but injustè. But what wrong will it be to the Text, to suppose God did particularly reveal himself in this thing to the High Priest, when we find that he discovered the birth of John the Baptist to an inferior Priest, of the eight course; and that our Saviour should die for Edition: current; Page: [7-411b] the people, to Caiphas; for saith the Text,Joh. 12. 51. He spake it not of himself, but being High Priest that year, he prophesied &c. Besides, upon a consultation with Urim and Thummim, though the King, or Father of the Consistory might propose the matter, yet the Priest only had the power to resolve: And therefore why may it not (without intrenchment upon the Text) be supposed, that God had discovered himself concerning this thing, unto Jehoiada? But supposing he had not, Jehoiada was High Priest,Jew. antiq. l. 1. c. 8. and had no small influence upon the people; and therefore knowing the revealed will of God, which he had said concerning David, (Thy house and thy kingdom shall be established for ever, &c.) it was authority enough for him, to do what he did; and consequently, was not the act of a private man. Then, for the authority of the Sanhedrim, which our Author saith was wanting also, it doth not appear to me out of Scripture, or ought else (and I believe it will be impossible for him to prove) that they had any power themselves over their Kings; and consequently, if they had given any to Jehoiada, they must have given what they had not, which could not be: Nay (though they were not put down till Herod) yet they had a power superior to them, even at their first institution: For Moses was none of them, but chief over them; and therefore after his death, they chose one, whom they called the Prince of the Seventy:Jew. antiq. l. 5. c. 4. Deu. 33. 5. which possibly might be intended by that Text, where speaking of Moses it is said, that he was King in Jeshurun (q.d. among the righteous.) But to make this more clear, it is said that Samuel judged Israel, and went from year to year Circuit to Bethel, Gilgal, &c.1 Sam. 7. 162. Which could not have been done, if he had not had a superintendencie over them. From whence I conclude, that they had no power over the Crown themselves, and consequently Jehoiada could not expect to receive any from them.

There remains only one, and that is of Ehud’s slaying Eglon; which at first sight, and as our Author hath delivered it, may seem a little to the purpose: But he gives us the Text, without the Context; for if we read eight or nine verses backward,Jud. 3. 25. we shall find that the children of Israel had done evil in the sight of the Lord, and that therefore the Lord strengthened Eglon King of Moah against them.—And afterwards, when they cryed unto the Lord, He raised them up a deliverer, Ehud, &c. See! The Text names God in both places; 1. As the Author of their punishment, Edition: current; Page: [7-412a] God strengthened Eglon, &c. 2. As the Author of their delivery, God raised Ehud, &c.—. And therefore till he can shew me as good an Authority to prove his doctrine, pardon me if I say, neither this also will make for his purpose: For if it should, it would serve as well to warrant the Assasination and murdering of all Kings, good or bad, when ever the people shall be discontented with them: And if themselves may be Judges, and they that are to give the sentence, make the case, Good God! how would the World be pestered with Tyrants? how many good Princes would be daily suppressed, by those, by whom they ought to be supported? There should not be a Prince milde, and religious, but he should be deemed a Fool, and consequently unfit to rule; whereas if he take care that his Laws (especially such as are penal) be duly executed, or put any man to death for traiterous attempts against his person, we should have the Traitors proclaimed Martyrs, and the Prince exclaimed against as cruel; A very Nero made up of dirt and blood: He shall not be favorable to tender consciences, but he shall be decried for Toleration: On the other side, he shall not urge uniformity, and decency, but he shall be railed at for superstition: In a word, because there is no Virtue so equilibrious, but hath some flexure to one of the extremes; we should have the extreme publish’d, and the vertue silenc’d: whereby in short time it would come to this pass, that he shall not do anything against the good liking of the people, but it shall be accounted Tyranny, of which (as I said before) if themselves may be Judges, and withall have such examples as these imposed upon them, that it is lawful to kill, and destroy such persons, we should have it so frequently acted, that the Cynick might once more put a candle in his lanthorn, and sooner find what he look’d for, then any (besides a mad man) that could be drawn to rule. And therefore to close this point, we must know, there are many things in holy Writ, which are in no case to be drawn into president, being not altogether so warrantable in themselves, but as Divines say, set down rather for our caution, then example: For, if it were otherwise, we cannot but justifie Romulus his taking away the daughters of the Sabines, for the Benjamites did the same to the daughters of Shiloh,Jud. 22. 23. upon the same occasion: Nor can we condemn the same Romulus, for killing his elder brother Remus, when we shall be told that Solomon Edition: current; Page: [7-412b] used the same policie, towards his elder brother Adoniah.1 Kings 2. 25. But as I said before, they are things rather of caution, then example; and therefore

——Satic est retigisse; Revertar.

The next thing I meet with, is an Answer of some Objections. The first of which is, That these Examples, are of men inspired by God, and therefore they had a call, and authority for their actions, which we cannot pretend to. To which he frames this Answer. 1. If God commanded these things, ’tis a sign they are lawful. 2. That none of the persons themselves alledged any other cause for what they did then the justice of the actions themselves, and though they were but the acts of private persons, yet they are justifiable by that common call which all men have, to do all actions of justice that are in their power when the ordinary course of justice fails. To which I Answer, that because God commanded these things immediately to them, it is no sufficient warrant for us to do the same. God commanded Abraham to sacrifice his Son Isaac, and yet it is not warrant enough, for any Enthusiast to do the same, upon pretence of a like revelation.Hos. 1.[Editor: illegible word]; So God commanded the Prophet to take to him a wife of Whoredoms, &c. which he did (for a sign to the people, &c.) yet I conceive it no excuse, to justifie any mans error, for falling into that ditch, only because the Prophet was commanded into it. I might add divers more, but I think this taste sufficient: 2. As to the second, because he brings no new matter to prove it, but the same Examples which I have handled before, I shall refer you back to them; onely adding this,2 Kings 9. 7. that Jehu though he were a Captain of the Host, yet he made no insurrection against Ahah, untill he had a positive command from God, and anointed King to that purpose.

The next Objection that he makes is, That the not opposing the Government, but submitting to his Highness Laws, is a tacit consent, &c. To which he gives this Answer, That is cannot be presumed, but the same-hath been done in all usurpations whatever. To which I answer, we must make a difference, between an implicite, and tacite consent, of which kind is this the Gentleman speaks of in this place: and an actual consent, of which I have spoken formerly, page 8. And therefore as to the first, it cannot be expected, but that the people will follow their business whoever sit at Helm, Edition: current; Page: [7-413a] as being not able to live without it, and if they can live without being opprest, ’tis as much as they care for, let him take the Government, that will, or can: but as to the second when the people, besides the doing those common things (before) shall according to the custom of their Country, (the office of the chief Magistracy being vacant and empty) set up any man, whom by a general consent, they shall declare their Ruler, and invest him with those ensigns of Majesty, peculiar onely to such an Office, and Person; (all which and more the People of England have given his Highness) I say in such a case, the consent is actual, and the people have bound themselves up, to yeeld him subjection, and defence. And therefore as to his examples of Caligula, Nero, and the Israelites under Eglon; the two former were never so much as thought to be Tyrants in Title:Vid. Suet. in Calig. & Narone. For, besides that both of them were of the blood of Julius Cæsar, and adopted Cæsars, they were after the death of the Emperors their predecessors, declared the same themselves, by the Senate and the Army; but for that of the Israelites under Eglon, it was no other, then a constrained subjection, to one that had over-run them, and therefore could not but be expected from a conquered people, with whose interest it stood, to be quiet at any rate: But that the Israelites gave any faith, or actual consent to Eglon, there is not the least light that way, throughout the whole story; and so his own examples do not agree amongst themselves. Lastly, to close this second point, I cannot but observe, how often the Gentleman hath given Machiavel, the nicknames of his Highness Apostle Evangelist, and Practice of Piety; where it will more probably appear, that he hath made him his own Vade mecum, and is better read in him then in the Bible: for if his quotations of the one, had bin no better to his purpose then the other, I might have safely transcribed them to my margent, and they would have served as much to prove, my Part of the question, as they have done his. And so I come to the third Point I proposed to my self,The unlawfulness, &c. wherein I shall prove the unlawfulness of the Act; as being a thing abhorred, even of Heathens. 2. Against the positive Rules of Scripture, and examples therein. 3. The example of primitive Christians. 4. The Laws of Nations. 5. The Lawes of this Land.

For the first, If there were no more in it then the very dishonourableness and treachery of the action (as to spill the blood Edition: current; Page: [7-413b] of War, in Peace, by poison or a knife) yet the Heathens themselves have been so far from acting it, that they have refused it, when offered; And the Reporters of such actions, have seldom named them without some Stigma, or brand of infamy. Examples in this kind we have divers.Flo. l. 1. c. 18. Medicum venale Regis Phyrrhi caput afferentem, Curius remisit, &c. (saith Florus) When the Romans made war against King Pyrrhus, his Physitian made an offer to Curius, to poison him, for a sum of money, but (so detestable were such acts of treachery, and cowardice, to a Roman spirit,Tac. Ao. 3. that) he sent him away: So when a Prince of the Catti would have undertaken the death of Arminius, Tiberius rejected him; equalling himself in that glory with the old Generals, saith Tacitus: So Galba when the Army had proclaimed Otho,Tac. Hist. l. 1. c. 7. and he in a great confusion went to appease the tumult, he was met by a Souldier, who brandishing a bloody sword, cried aloud, he had slain Otho; yet all the reward or thanks he received for it (though spoken no doubt out of a good design to quiet the people) was, a composed look, and these words, Commilite, quis jussit? My Friend (quoth he) who bad thee?Q. Curtiue l. 4. It was this which Alexander threw by way of infamy to Darius: Ye undertake (saith he) impious Wars, and though ye have Arms, ye bid money for the heads of your enemies. And the same is that censure, which Livy gives of Perseus the last King of the Macedons,T. Livius l. 42. Quem non justum bellum gerere, Regio animo &c. A person (saith he) whom we found to carry on the War, not honourably, and like a King, but privily, and like a Robber, with all the abhorred villanies of Butcherings, and poysonings.Flo. l. 2. c. 17. Neither hath the same Florus, whom I quoted before, less sting, when writing the transactions of Spain, and how Viriathus had well nigh over-run it, and assailed the Romans for fourteen years together, with fire, and sword, till at last being distressed by Fabius Maximus. Servilius Cæpio his Successor, to make the quicker dispatch of the War, procured him to be murdered; by which means (saith he) Violata victoria est, &c. The victory was stained: Neither is that brand, which Valerius Maximus throws upon the same story, ought inferior;Vol. Max. l. 9. c. 7. He deserved not the Victory but bought it. So in their Wars in Asia, against Aristonicus, Marcus Aquilius having poisoned the Well-heads of certain Cities, whereby to compel them to yeeld, he saith thus of it, Quæ res, ut maturam, ita infamem fecit victorian:Flor. l. 2. c. 20. quippe Edition: current; Page: [7-414a] contra fas Deûm &c. Tha fact, as it ripened the victory, so it made it famous; for against the Laws of the Gods, and custom of Ancestors, it blemisheth the lustre of the Roman Arms, preserved till then religiously pure. To come nearer home, the Mahometans make it a part of their Religion, to propagate their Sect by the sword; but yet still by honorable Wars, never by villanies and secret murthers: Nay upon this ground the Saracen Prince, of whom the name of Assassins is derived, having made use of such villaines, for the murthering of divers Princes in the East (by one of whom Amurah the first was slain, and Edward the first of England, wounded;) was put down, by the common consent of the Mahometan Princes. But what shall we say if the very Heathens have not onely abominated such actions, but advised submission and obedience to Princes though never so bad? Ferenda Regum ingenia,Annal. 12: saith Tacitus, We must bear with the disposition of Princes. And again,Id. Hist. l. 4. We must pray that we have good Emperors, but endure the bad.Id. H. l. 4. And again, Quomodo sterilitatem & cætera naturæ mala, it a luxum, & avaritiam dominantium &c. We must bear (saith he) with the luxury and avarice of Princes as we do with barren years, and those other evils of nature whch we cannot help. There will be vices as long as men, but they will not last always, and are recompensed with the intervenience of better things; and to this purpose excellent is that of Claudian,

——— Quamvis crudelibus, æquè

Paretur dominis ——

And therefore to close this; if the very Heathens have abominated those barbarous acts, of destroying their enemies, by treachery, and murder, and on the other side have advised submission, and obedience to Princes, although bad; how shall they rise in judgment against those Christians, that not onely hold it lawful to destroy their enemies, by such base ways, but even their rightful Prince whom they are bound to defend? In a word, what excuse can they make to themselves, who knowing the judgment of God (that they which commit such things are worthy of death) not only do the same, but take pleasure in them that do them?

2. It is against the positive Rules of Scripture, and examples therein; and here I argue thus. Whatever we are commanded to pray for, or perform any duty to, we are (à molto fortiori) forbidden to Edition: current; Page: [7-414b] destroy: but, we are commanded to pray for Kings, (nay even the worst of Kings) and to perform divers acts of duty towards them: and therefore (à moulto fortiori) we are forbidden to destroy them. Machiavel tells us that when life, liberty,on. Lio. 687. and safety, come in question, there ought to be no consideration had of just, or unjust; pittiful, or cruel; honorable, or dishonorable; But the Scripture teacheth us another Lesson; Captives, to pray for the peace of them that held them in captivity, but bids them nowhere, to lay violent hands upon them, though they got thereby, so dear, and precious a thing as liberty:Jer. 29. 7. And this precept doth Jeremiah give, to them of the captivity, that they should pray for the peace of Babylon, where they were then captives:Baruch 1. 11. And the same did Baruch (which thought it be Apocrypha, was never denied to be of good moral use) write to the Jews, that they should pray for the life of Nebuchadonosor, and for the life of Baltasar his Son, that their days might be upon Earth as the days of Heaven: And adds in the next verse, that they might live under his shadow, and the shadow of his Son.Ezra 6. 50. An example of this we have of the Jews in holy Writ, who were wont to pray for the life of the Kings that held them in captivity, and for the life of their Sons: And another pertinent to this purpose, out of Josephus; that when Petronius came to set up Caligula’s image in the Temple, they who would die rather then that should be done, being asked whether they would wage War with the Emperor, answered no, but on the other side, offered sacrifice twice a day for his safety: And that we may see they did no more under the Law, then what was warranted by the Gospel, let us peruse that of St. Paul to Timothy, where he waves the Authority of an Apostle, and he that might have commanded, exhorts; I exhort therefore, &c.1 Tim. 2. 1, 2. Nay, and as if this might not be thought perswasive enough, he descends yet a little lower, and makes himself less then the least of the Apostles; he entreats (for the word [Editor: illegible Greek word], will bear that sense also;) and having by a Rhetorical exaggeration heaped four words one on the neck of another, signifying the same thing, onely to add the more vehemency to the exhortation, that their prayers should be as general as their charity, extend to all persons, to all men; he begins with Kings in the next verse, and stops not here but goes on ([Editor: illegible Greek word]) and all that are in authority; and sure if there had not been a necessity of the duty, he would not Edition: current; Page: [7-415a] have prest it at such a time, when he that sate at the stern, he that was [Editor: illegible Greek word], was no other then that monster of Mankind, Claudius Nere: and yet for him would the Apostle have prayers be made, and not onely Prayers, but Thanksgivings.

Exo. 22. 28.Secondly, We are commanded not to speak evill of them: Diis non detrahes, & Principi populi tui non maledicet. Thou shalt not revile the Gods, nor speak evill of the Prince of thy people. And what the Text intends by that appellation of Gods, we may read, Psal 82. 6. where speaking of Governors, God faith, I have said ye are Gods,In Polit. &c. And in the same sense is it used by Plato, ὁ βοιοιλοὐς, ὡς Θεὸς ἐξ α[Editor: illegible Greek letter]ϑρώπωτ, The King is as a God amongst men. As also by the Poet

Ovid. Met.Cæsar in urbe sua Deus est.——

The practice of this we have in the Apostle St. Paul, who when the High Priest had commanded him to be smitten, though he could not contain a little passion (the natural effect of honestly and innocence) yet as soon as he understands him to be the High Priest, see, how suddenly he checks himself,Act. 23. 5. I wist not Brethren that he was the High Priest, for it is written thou shalt not speak evil of the Ruler of thy people.Eceles. 10. 20. Nay, Solemon goes further, and sets not only a bridle upon lips, but a curb upon our thoughts, Curse not the King, no not in thy thought, &c.

Rom. 13.Thirdly, We are commanded to be subject to them, not only for wrath, but conscience sake; and the reason of this we have both in the first verse, For there is no power but of God, as also in the fourth verse, For he is the Minister of God to thee, for good.

And here, before I go farther, it will be requisite to remove some stumbling blocks, which lie in my way; and dispel a couple of Scotch mists, which notwithstanding, I beleeve every man, that is not thick-sighted, will be able to look through of himself. The first of which is this,Object. 1. That the Apostle speaketh here, De ipsa Magistratuum potestate, non de mali, male potestatem gerentibus, So Buchanan.

Sol.To which I answer, That it is plain he speaks of both; of the Magistrate then in being, as well as of Magistrates in general, whose authority he acknowledgeth, and appealeth to his judgment-seat;Act. 25. 11. and as I have shewn but a little before, enjoyned prayers,2 Pet. 2. 13. even for Nero: but if there were any doubt, St. Peter makes it clear, who bids us, submit our selves to every Ordinance of Edition: current; Page: [7-415b] man, for the Lords sake: And the reason of this he layeth down, v. 15. For so (saith he) is the will of God, that with well doing we may put to silence the ignorance of foolish men. In which place, though he calls it a humane Ordinance, it is, Non quòd humanisùs inventa fuerit, sed quòd propria hominum est digesta, & ordinata vivends ratio. So Calvin.

Obj. 2.But you must consider the times wherein the Apostle wrote this: It was the infancie of the Church, when Christians were for the most part poor and weak, and not able to resist. So Buchanan again. (A dainty juggle.)

But contrary to this we must know,Sol. that all Morals in Scripture are catholique in respect of persons and times; and what was unlawful then, is unlawful now; it was unlawful to be a Drunkard then, the same now, & sic de cæteris.

Obj. 13.Lastly, The world hath not wanted others, who have declared, That Christ, and his Apostles were subject to Princes and Magistrates, de facto, but not de jure. So Bellarmine.

Sol.Which, how probable it is, will easily appear in this, 1.Rom. 13. 2. That the words are general (πᾶσα ψε[Editor: illegible Greek character]) every soul; and therefore include not this, or that, but every man, every estate, and condition. 2. The word (ὑπτ[Editor: illegible Greek character]αω[Editor: illegible Greek character]ϑ[Editor: illegible Greek character]) be subject, is a Verb passive, and implies, that this subjection may be forced, where men do not give it willingly: For as Princes have power, so they have right to exercise that power, nay they do so naturally depend one upon t’other, that they are inconsistent asunder. To instance but in one thing, and that is the honor and respects we give to Princes and Magistrates, which, though it be a duty we owe them, yet lies in the giver, not in the receiver: And therefore, I should think that Prince did much deserve it, who had no more to shew for it, then the courtesie of the people; who, like Carriers horses, though they know their road well enough, yet very often expect to be remembred of it, with the spur. Excellent to this purpose is that of no mean Statist, who observed, That all the Prophets who were armed, prevailed, but those that were otherwise, were too weak, wanting a sword to back their doctrine; and therefore (saith he) it behoves a Prince to be so provided, that when the people will believe no longer, he be able to compell them. We may say the same of obedience, &c.

Rom. 13. 7.Lastly, we are commanded to pay them Tribute and Custom: Edition: current; Page: [7-416a] Reader therefore, &c. Tribute to whom tribute, Custom to whom custom is due, &c. And this the Apostle calls (ὀφειλάς) debts; to shew, That it is not a thing of our own choice, whether we will do it, or not; but an act that is incumbeat upon us, and favours nothing of courtesie, but of duty. To add but one example for all, behold a greater then S. Paul, our Saviour himself, not only commands it to be done,Mat. 21. 21. Give unto Cæsar, &c. but that he might not seem to enjoin more to others, then what he had first done himself, he gives us his own example,ver. 24, 27. Mat. 17. where though he knew himself exempted from Tribute, yet lest he might seem to offend, he bids Peter cast his hook into the sea, and take up the first fish that cometh up, and when thou hast opened his mouth (saith our Saviour) thou shalt find a piece of money; Take that and give unto them for me, and for thee. From all which I conclude thus; That if we are environed with such a cloud of witnesses, that tell us there is a duty we owe to Princes; if we have the examples of Jeremiab, and S. Paul, who enjoined prayers for them; of the antient Jews, that made them; of the Apostle, that checkt himself for but speaking irreverently to the High Priest; of S. Peter that commands us to be subject to them; of the same S. Paul. that enjoined Tribute to be paid them; and lastly, of our Lord and Master, who not only commanded it, but did it himself, and that not to a good King,Surton. in Tiber. but to Tiberius, (one that came short of Nero in nothing, but that he lived before him, and drew that Original, which the other did but Copy after him:) Certainly by the stronger reason we are forbidden to rebel against them, to lay violent hands upon them, or to destroy them. But because Examples (as the Schools say) teach as well as Rules, and I think no man so impudent as to deny, but obedience is due to good Kings; I shall in this place give some examples of such bad Kings as we meet with in Scripture, and yet the holy men therein have been so far from not giving them obedience; that they have thought their persons sacred and inviolable. Pharaoh was a cruel oppressor of the children of Israel, as who, not only toiled them with making of bricks, but to adde to their slavery, denied them a part of the materials (to wit) straw, and yet expected his full tale; besides which, he commanded their midwives to destroy all the males, as soon as born; abused Moses and Aaron that came to mediate for them, and blasphemed that God that sent them: yet the people make neither open attempts Edition: current; Page: [7-416b] against him by Rebellion, as they might well have done, being more, and mightier then the Egyptians;Exo. 1. 9. nor private against his person, by Assassination, though Moses that had the freedom of access, might have done it by a dagger; or that lived in his Court, might have compast it by poison; or that wrought so many miracles, destroyed him by another. No, they only cry unto the Lord, and he returns them this answer, I will be glorified upon Pharaoh, &c. but says not, Ye shall be glorified, &c. thereby intending,1 Sam. 15. 31. that be the Prince never so great an oppressor, the people ought to submit to him, and leave their cause to God, who in his time will right them, and deliver them, as he did the Israelites from Pharaoh. But to proceed, Saul was a wicked King, and had his Kingdom rent from his for his disobedience, and yet Samuel gave him his accustomed veneration and attendance. So David,1 Sam. 24. 6. notwithstanding the Kingdom was transferred from Saul to him,1 Sam. 26. 7. yet he spared his life twice, when it was in his power to have slain him; and as the Text saith,2 Sam. 1. 14. his heart smote him for but cutting off the skirt of his garment: And after, caused the Amalekite to be slain, who upon request, and pitty, had lent his hand (as he said) to help forward that voluntary death, which he had designed to himself, that he might not fall into the hands of the Philistines. So Nebuchadnezzar King of Assyria, who was so violent a persecutor of the Jews, as having wasted all Palestine, taken Ierusalem, slain the King, burnt the Temple, led the people captive into Chaldea, where he erected his golden Image, &c.Ezck. 17. 19, 20. yet Ezechiel with bitter terms, abhorreth the disloyalty of Zedechiah, because he revolted from this Nebuchadnezzar, whose Homager nnd Tributary he was. From all which rules and examples it is manifest, that there is a duty owing even to the worst of Princes; and if we are forbidden the less, we are forbidden the greater; if we must not offend them with the tongue, we must not offend with the hand. In a word, be the Prince what he will, we ought to obey him, if for nothing else, yet because it is the command of God: Only this distinction may be added, That look what honor we give to evil Princes, we do it not to man, but to God himself, in reverence to his ordinance: And this was excellently exprest, by that Emblem of the Egyptians, viz. An Ass carrying the Image of the Goddess Isis, and the people falling down to worship it; the Inscription of which was, Non tibi, sed Religioni.

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Thirdly, It is against the Example of the Primitive Christians, who it is likely understood the Apostles meaning, as well as any else, yet in all those Persecutions, which attended the infancy of the Church, had recourse to no other weapons, then tears, and prayers, I,In Apolog. cap. 30. and that too for their Emperors, although Persecutors. Oramus (saith Tertullian) pro omnibus imperatoribus, pro ministris corum & potestatibus. We pray (saith he) for all Emperors, for their Servants, and powers: And what it was they prayed for, he tells us in another place; Vitam illis prolixam, Imperium securum, &c. That God would give them a long life, a secure Empire, a safe House, valiant Armies, a faithful Councel, an honest People, a quiet World, and whatever else are the desires of a man, or an Emperor. Imprudent no doubt, if not impudent were the same Tertullian, if before the Emperors, who could not be ignorant of the truth, he had so confidently dared to tell a lye: If we were willing (saith he) to use open hostility, should we want numbers, and forces? We have filled your Cities, Islands, Castles, Towns, Camps, Palace, Senate, all your places, but your Temples; and if our forces were unequal to yours, we might easily make War upon you, when we are so willing to be slain, if our Religion did as well allow us to kill, as be killed. Famous to this purpose is the example of the Thebane Legion,Grot. de jure belli &c. l: 1. c. 71. which consisted of 6666 Souldidiers, all Christians; (a reasonable Army) yet when Maximianus Cæsar commanded them to sacrifice to false Gods, rather then do it, they suffered themselves to be decimated, and every tenth man-slain without the least resistance: In which, the speech of Exuperius the Ensign-bearer, is worthy of our remembrance, O Emperor (saith he) desperation which is most valerous in dangers, hath not armed us against thee: Behold, we have weapons in our hands, yet do we not resist, because we had rather die, then overcome; and perish Innocents, then live Rebels. The sense of which made Diorysius Alexandrinus complain of Gallus the Emperor, Quod sanctos viros, pro Regni sui pace supplices, persecutuz sit: In a word, he that desires to be farther satisfied, in the obedience, and submission of the Primitive Christians, to Nero, Domitian, Trajan, Adrian, Severus, Maximinius, Decius, Valerian, Aurelian, and Diocletian, under those Ten Persecutions, let him but read Dr. Hakewels Scutum Regium, lib. 2. and there he may reap a plentiful satisfaction.

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Fourthly, It is against the very Laws of Nations; the Civil Law saith, Conjurationes omnium proditionum odiosissimæ, & perniciocissimæ. Conspiracies, are of all Treasons, the most hateful, and most dangerous; And therefore, they that have written concerning Ambassadors, say, That if an Ambassador, or a man that cometh in upon the highest safe conduct, do practise matter of sedition in a State, yet he is to be remanded: But, if he conspire against the life of the Prince by violence, or poison, he is to be justiced. Quia odium est omni privelegio majus. Because the detestableness of the action, is beyond all priviledge. (But the Laws of England go further, and say, the very raising of a rebellion,V. Cook Instit 4. c. 26. is enough to make him lose his priviledge; and so it was held in the Bishop of Rosses case, Hil. 13. Eliz.) By the same Laws of Nations, a Souldier, who hath resisted his Captain, willing to chastise him,Grot. de jure &c. l. 1. c. 62. if he hath laid hold on his rod, is cashiered: if he purposely brake it, or laid violent hands upon his Captain, dies; And from hence, any man may make the Argument, That if it be unlawful for a Souldier, but to resist his Captain; how much more unlawful is it for him to lay violent hands upon his Prince, to whom, not onely himself, but his Captain owe the duty of subjection, and defence? And to this purpose is the same Grotius very positive in another place,Id. l. 3. c. 3. where, though he saith it is lawful, by the Laws of Nature, and Nations, to kill ones enemy every where; yet speaking concerning attempts against the persons of Princes, by murder, or otherwise; he calls it perfidiousness; and saith, That though Custom may overpower Laws, nevertheless that Custom, hath staid beneath the right of killing: And concludes, that it is a violation of the Law, not of Nature onely, but of Nations. But to proceed: Although I cannot properly call the constitutions of the Church of of Rome, the Laws of Nations, in regard they are of force no where, but where the faith of Rome is retained: yet considering how great an influence it hath in Christendom (and probably more then ordinary upon our Author) I shall, to avoid multiplicity of heads instance in one or two of them in this place: I say then, that the Church of Rome that hath been so often branded by us Protestants (if I may use so new a name, for so antient a faith) as fautors of the Doctrine of Regicide,Suarez. yet all agree that though he be a Tyrant in Regiment, he cannot be resisted or killed without a sentence precedent. Nay, Ogleby the Jesuite goes further, who being arraigned in the time of K. James (in Scotland) and asked the Edition: current; Page: [7-418a] question whether an Heretick King being excommunicated, might be slain, though to save his life he would not say it was unlawful, yet he confest the Doctors of their Church were divided about it, and had not determined it; wherein, it is probable he spake a greater truth, then he intended; for if we shall look back upon the ancient Bishops, and Popes of Rome (before they had gotten the knack of moderating in the quarrels of Princes, and by a handsom twisting the Gospel, and the interest of the Chair together, found a way to cheat both, and to justifie that, brought up the devise of depriving such as would not stand to their sentence, and interdicting their Kingdoms) we shall find, that they were so far from thinking it lawful to oppose, or murder their Emperors, be they what they would, that they injoyned prayers for them; particular, for Julian, and Anastatius; the one an Apostate, the other an Heretick, and divers others; nay, Gelasius, Bishop of Rome, in an Epistle of his to the latter, stiles him, Clementissimum, gloriosissimum, Augustum, & Dei in terris Vicarium; and beseecheth God,V. Hakew. Scur. Reg. l. 3. c: 8. ut regnum ejus, & saluem perpetuà protectione custodias. But to proceed; By the Constitutions of the same Church, if a Confessor divulge any thing that is committed to him upon auricular confession, he shall be burnt: yet if it be matter of Treason, or conspiracy against the life of the Prince, he is bound to reveal it, and such discovery shall be evidence enough to arraign any man upon it; which if he shall confess, he shall suffer as a Traitor; so odious is even the very thought of conspiracy: An example of this we have in Bodinus.De Repub. l. 2. c. 5. There was saith he a Gentleman of Normandy confest himself to a Franciscan, of having had a purpose, to have killed Francis the First, of France, of which having repented, he received absolution: After which, the Frier having revealed it to the King, the Gentleman was sent for, who upon confession of the fact, was turned over to the Parliament of Paris, where he had sentence of death for it, and was executed accordingly. And the like we finde in holy Writ, where Bagathan, and Tharez, were both hanged,Est. 2. 11. onely for seeking to lay hands on King Ahasuerus.

Lastly, It is against the very Laws of this Nation: For as I have said, the Law that respects a King de facto, and not de jure, gives him the same preheminencies, as if he were a King de jure; nay, presumes him to be so, because he is in possession: For otherwise, the Laws would be very weak in this point, to think him a fit person Edition: current; Page: [7-418b] to protect others, that were not able to defend himself; and consequently give him no other advantage by that place of eminence, then to make him the fairer mark for every Traytor to level at. We shall therefore examine what the Law in this case hath always been: Before the Conquest it was such; Qui capiti,Inter leges Alver. c. 41. aut saluti Regis, perfidio, è sive solus, sive servis, aut sicariù mercede conductis, stipatus insidiabitur, vità & fortunis ejus omnibus privatar. Whosoever, either by himself, or by his Servants, or cut-throats hired to that purpose, shall traiterously attempt the life or safety of the King, let him be deprived of his life, and all his estate. Nay the now Law saith, that if a man be killed in open Rebellion, without judgment, yet he may be attainted by Parliament;1 Hen. 4. and so was Thomas Holland Earl of Kent; and shall suffer such forfeitures of estate, as is by such Act specified; or if the Chief Justice of the Upper Bench (who is the chief Coroner of England) shall upon his own view, of a body slain in open rebellion,V. Sir. Cook l. 4. 57. b. make a record thereof, and return it into the said Bench, he that is so slain, shall forfeit his Lands, and Goods. And so it was resolved in the time of Hen. [Editor: illegible word] by Fyneux Chief Justice. Wherein we may note, that if rebellions (which have this of commendation in them, that they are prosecuted by men, and resolution, and not by the barbarous, low waies of Assassination, or poisoning) are so severly punished; how great a stock of impudence must that man have, that dare defend such acts of treachery, and baseness, and not think them worthy of a more severe inquiry, in as much as there is no fence against them, being of the nature of thunder-claps, the blow struck before ’tis thought of, and the work done before we hear the report: But to avoid ravelling into too much Law, I shall instance onely in one more, and that is the 25. E. 3. which is for the most part declaratory of the ancient Law, and saith, that if a man doth compass, or imagine the death of the King, &c. and be thereof provably attainted, by open Act, it is Treason. Now the question upon this Statute will be double. 1. whether his Highness be within the perview of that Statute, because it speaketh onely of a King. 2. admitting he be, whether the declaring and publishing that it is lawful to make him away, and the inciting the people to do the same, be a sufficient overt act within this Statute? To both which I answer affirmatively; and therefore for the first, however the Statute speaks of nostre Sur le Roy (besides what I have said concerning Edition: current; Page: [7-419a] this before, I shall add, that it is not to be taken strictly and literally, as if it intended nothing else, but that individual word King; for then neither Queen Mary, nor Queen Elizabeth could have been within it,Inst. 4. 7. but must have had some other Act (as King Philip had) to have made the compassing their deaths to be Treason: but, by equity, to extend to any other chief Magistrate, that shall be entrusted with the management and execution of that office: And so, the compassing the death of him that is Protector, during the minority of a King, is Treason within this Statute.Vid. Inst. 2, p. 395. And the same of a Queen Regent, as I said before. But if any man shall object, that the Statute is penal, and therefore ought not to be taken by equity: I answer, That where it is more beneficial, then prejudicial to the greater number of people, and may well stand with the Rules of Law, it shall be taken by Equity. And so the 1 Rich. 2. c. 12. which gives an Action against the Warden of the Fleet, for Escapes, hath been extended by Equity to all other Goalers. So a latter clause of the same Statute,Plow 36, [Editor: illegible word] 25 E. 3. c. 2. that declares it to be Petty Treason for a Servant to kill his Master, hath been construed to be the same, in that Servant who shall kill the wife of his Master. I might add divers others, which being too many to set down, I refer my Reader to further satisfaction in the margent.Dyer 281. Now what greater benefit can come to a Nation, then that He be safe, in whose preservation the common safety of all is concerned? What greater interest then that, that Head should be defended, whose broken sleeps, give us security in our own? and which if it happen to be disturbed, the whole body is out of order. Excellent to this purpose is that of Virgil, concerning his Commonwealth of Bees:Inst. 3. pt. 20 5 Rep. 77 [Editor: illegible word] Rep. 34.

— Rege incolumi, mens omnibus una est;

Amisso, rupere fidem, &c. ——

In a word, A Prince is the same to a State, which the Primum mobile is to Nature; If it be never so little out of order, all the lesser Orbs must stand still, and consequently fall to their first nothing. 2. The next question will be, whether a Declaration by publique writing, That it is lawful to make his Highness away, and an inciting the people thereto, be a sufficient overt Act within this Statute. To which I answer, as formerly, that it is. For though it hath been said, that words may make an Heretick, but not a Traitor, yet I take the case to be otherwise here: For here are Edition: current; Page: [7-419b] more then general words (which are often either forgotten, or mistaken, and concerning which the Witnesses seldom agree in their evidence) there being a positive determination of the point, that it is lawfull, and an actual invitation of any man to venture upon it, as an act of honor and merit: And so hath it been held formerly: when Cardinal Pool, in his Book of the Supremacie of the Pope, had incited Charls the Emperor,Inst. 3. 14. then preparing war against the Turk, to bend his force against his natural Lord Hen. 8. 1.27 H. 8. That the writing of that Book was a sufficient overt act within this Statute: Nay,In his letter to King James, and in his Charge against Talbot in Cam. Sted. the Lord Bacon goeth a little further, who saith, That whoever shall affirm in diem, or sub conditione. that the King may be destroyed, is a Traitor de præsenti: And to this purpose he urgeth the Duke of Buckingham’s case; That if the King caused him to be arrested of Treason, he would stab him: And that of Elizabeth Barton (whom the people called. The holy Maid of Kent) who said, That if Hen. 8. took not again Katherine Dowager, he should be no longer King. For (saith he) though the act be future, and contingent, yet the Treason of compassing, and imagining is present, and contrary to that Allegiance, which (as he saith elswhere) must be independent, and not provisional and conditional. And therefore much more stronger should we give the severest judgment upon this, by how much the more it surmounteth all others, as being hardest to be avoided: For other Treasons meet with many impediments; for if it be such as may be attempted by one, it often happens, that he fails in opportunity, and resolution, and sometimes that he is touched with remorse: And if there be more then one in it, it is ten to one but it comes to light: For the persons that engage in such designs, are generally Discontents; and as soon as a Conspiracie is revealed to such a one, he hath at the same time a means given him to work his own content, by revealing his Accomplices; for, seeing certain gain on the one side, and only doubt, and danger on the other, he had need be a rare Friend, or an implacable Enemy that can conceal it: But for a man to publish and maintain, that it may be lawful for a Subject to attempt the life of his Prince, is a venemous sop which enters into the hearts of all those that are any way prepared, or predisposed to be Traitors: For if one man faint, another may dare; if one man hath not the opportunity, another may have; if one man relent, another may be desperate; Edition: current; Page: [7-420a] and if four or five cannot keep council now, it may light upon a Knot of more inveterate Male-contents, that may do it hereafter. In a word, all other Treasons have their Critical minutes, beyond which they are nothing; but this doctrine may outlive the Author, and infect some one an hundred years hence, though it may fail for the present: And therefore not unjustly punished so severely by our Laws, as thinking him a person fit for nothing, but the severest punishment they can inflict, who by so barbarous an act, as murdering the Prince, doth what in him lies, not only to subvert them, but the Commonwealth with them.

4. The evil fate that hath attended such persons, &c.In the last place, I come to give a few instances of the evil fate that hath attended such persons as have had their hand in the blood of Princes. How many have there been,[Editor: illegible word] in Cæs. ad sinem. Plu. in Cæs. Idem in Bruto. Flor. l. 4. c. 6. who having raised the people, and perswaded them to lay violent hands upon their Prince, upon the score of Tyranny, though they may have kept them within bounds for a time, yet (like young Conjurers) have been torne in pieces by their own Spirits,Precop. de bello Vand. lib. 1. for want of other work: An Example of this we have in the Conspirators against Cæsar, who were all generally slain by that People, whose liberty they had so much pretended: Others again to save them a labor, (smitten at last with the shame, and conscience of the fact) slew themselves with the same Dag which they had provided for Cæsar: And though Brutus (that Parricide) miss a death from both;Palmer. in Dion. yet the indignation of the People shall deny him Rome, and the evil Genius of Cæsar not forsake him till Philippi. And no better suecess had Maximus, who having slain Valentinian the younger, Emperor in the East; though he had cause enough to stamp a noble title upon the Action, and have married his Revenge to Justice, in as much as Valentinian had debauch’d his wife,Idem in [Editor: illegible word] and that too under the disguise of a kindness to the husband: yet he was torne in pieces (membratim, saith mine Author) limb by limb, by the people. In like manner Callippus having by corrupting the Soldiery slain Dion, in hopes of the Government of Syracusa, was himself slain with the same dagger, by the same Soldiers. And Cicero, of whom I spake before, though (for as much as ever I could meet with) he was hardly privy to the conspiracie against Cæsar, and therefore at most could be but accessory after the fact; yet had that hand that wrote,2 King. 21, 23. and that head that spoke in defence of his murder, strook off, and set over the Rostra where he had formerly Edition: current; Page: [7-420b] justified so dangerous an Error. Neither is holy Writ barren of examples in this kind. The servants of Amon conspired against him and slew him, and all the people of the land slew all them that conspired against him. In like manner Zimri conspired against Elah King of Israel, and slew him, and having reigned seven days in his stead in Tirzah the people encamped against it and took it: But Zimri burnt the Kings house, and himself in it, to escape a greater mischief for the Treason he had wrought,1 King. 16, 20. for so the Text calls it. And rather then I shall want any thing that may prove the present purpose the Gentleman himself will afford me somewhat; for as to his example of Athaliah, it will be no hard matter to turn the point of it upon himself, in as much as the Text tells us, she had slain all the seed Royal of the house of Judah; and consequently it can be no injury to that place, if (besides what I have said before concerning it) I add this,2 King. 12, 1. that it was a judgment of God, and an act of retaliation of the people upon her, for those many murders and slaughters which she had exercised upon the posterity of the Kings of Judah For as Ovid saith,

— Neque enim lex justior ulla,

Quàm necis artifices arte punire suâ.

Plut. in Alex.Neither have the People been the only Executioners of Justice, in these cases; but even particular Princes have thought it a duty to them, and interest to themselves, to revenge the death of their Predecessors. So Alexander the Great, put them to cruel death, that had slain Darius, his Enemy: Cæsar,Idem in Pompeio. Suet. in Vitell. s. 10. Idem in Domit. s 14. Herodina. such as had a hand in the blood of Pompy: Vitellius, the Murderers of Galba: Domitian, Epaphroditus the Libertine of Nero, because he had but helped him (although in love) to dispatch himself: And Seversis, the Killers of Pertinax his Predecessor. The same did David to the Amalekite (as before:) And when Rechab and Banaah brought him the head of Ishboseth, he commanded his young men, and they slew them, and hung up their hands and feet, over the Pool in Hebron.2 Sam. 14, 12. So barbarous and abhorred an act hath this of Killing been, even in the eyes of the People; and a thing of so ill president to Princes themselves, to suffer such people to live, that though they may have secretly approved the Action, as gaining a Crown by it, yet they have rarely forgot to give the Actor the demerit of his Treason. But if after all this men will not take warning, but suffer themselves to be run into dangers, by every Botefeu and Incendiary, that thinks he cannot warm his Edition: current; Page: [7-421a] hands, unless it be at a publique flame,v. Pluarch. in Eumene. I cannot tell what I should add more; for whom neither Religion nor danger can keep back, what can deter? Yet because some men are sooner led by interest then either of the other two, I hasten to his Third Question, which is,

3. Quest.Whether this act of killing, &c. is like to prove more advantagious, or noxious to the Commonwealth?

Concerning which, having in Answer to his First Question made it appear that his Highness is not a Tyrant either in Title, or Regiment; and in Answer to his Second, proved the unlawfulness of the Action; methinks I might well spare the labor of examining whether it be expedient to make him away? But because all his Propositions are grounded upon Suppositions, nay even this also he begins, If it be lawful, whether it be expedient; having disproved the former, there remains nothing, but that I consider the latter: And here, I need not ask the wearied Traveller, whether he would be at rest; or the weather-beaten Sea-man, what is the benefit of a Harbor? The case is the Commonwealths: How hath she been tossed to and fro upon the waves of Civil dissentions? how have her sons (like Rebecca’s Twins) strugled together within her, to the endangering their common mother? What breaches hath she received from the fury of the one, and the madness of t’ other? And now that this leaky Bottom hath made land, nay more, that that the waters are abated, and herself rested upon the mountains of Peace and Settlement; That her sons begin to acknowledge each other, and have beaten their swords into plow-shares, and their spears into pruning-hooks; what folly were it, nay what inexcusable madness, to engage her in new broils, and set those scars a bleeding again, which while they were wounds, were always thought (and so found) too great for any but the hand of God to close. And now because our Authors doctrine tends to little less, I would have every English-man examine our own Story, and tell me whether this Nation had not better have endured that too masculine spirit of King John then by that large effusion of blood in the Barons wars, subjected it last to the interloping of the Pope? Or whether they had not better plaid under that more then feminine easiness of Rich. 2. then by a continued war between the two Houses of York and Lancaster, sheathed that sword in one anothers bowels, which, Edition: current; Page: [7-421b] had it been in no other hands, then of those that were slain, had been Army enough to have stretcht out its boughs unto the Ocean, and its branches unto the Rivers, and in a word, given Law to all Europe besides. But before I proceed farther in this point, ’tis requisite that I look back upon my Author. And here, the first thing considerable that I meet with, is that of the Lord Bacon, viz. The blessing of Issachar, and that of Judah falls not upon one people, to be Asses crouching under burthens, and to have the spirit of Lyons. Wherein the Gentleman is wise to conceal the Book, because he hath made a little too bold with his sense, which were easie enough to be understood, if he did not explain himself, that he intended no other Taxes, then such as are laid upon the people against their consents, and for which there is no Authority, but the will of the Imposor; and therefore he calls them properly burdens: But speaking of such as are conferred by consent, he instanceth in the Excises of the Low-Countries, and Subsidies of England; which, though they are the same as to the purse, as those that are levied by command, yet (saith he) they work diversly upon the courage:Bac. Advancement, l. 8. c. 3. And so concludes, that a people overlaid, and overcharged &c. are unfit for Empire, which must necessarily pull down the courage of the most warlike people, when they shall have nothing, be it never so dear to them, which they can call their own, but may be taken away whenever their Prince shall have a mind to it. And that our condition is not the same, will easily appear to any man that shall consider, that there is no Tax now on foot in the Nation, other then such as is confirmed by Authority of Parliament; and though possibly they may be greater then hath been usual, yet they are no other, then what the People, by their Representatives, have laid upon themselves; and such, that though they may be a little troublesom for the present, will in the end produce Peace, and Plenty. The next thing, which he doth but touch upon, is that of Oaths, &c. How many Oaths have we broken, &c. To which (though I never took any my self) yet I may safely give this Answer: That although Oaths are always (at least ought to be) taken in the sense of the Giver, and not of the Receiver,Grat de jur. &c. l. 2. c. 42. yet an Oath may cease of it self, two ways. 1. Where he to whom, or for whose good the Oath was given, refuseth it. 2. Where the quality doth cease, under which a man hath sworne to any; as if a Magistrate cease to be a Magistrate: Now if any man hath taken an Oath, which he conceiveth to be broken, if he cannot bring it Edition: current; Page: [7-422a] under one of these heads, my advice to him is that he ask God forgiveness for what is past, and be more wary of such solemn engagements for the time to come. And so, because our Author makes no more of it himself, I have no reason to follow it further. The next thing he enquires is, What have we of the Nobility, but the name, the Luxury, and the Vices? Which I believe our Author set purposely down, because he would be sure to have somewhat in his Pamphlet that could not be disproved: And therefore I shall say no more to it, then what we have in an old Poet of our own, who calculates the time, since when they first fell in their esteem,

Ex quo Nobilitas servilia cœpit amare,

Nobilitas cœpit cum servis degenerare:

Adv: 300.Onely wish that they may disprove that Antithesis of the Lord Bacon, Nobility seldom springs from Vertue, Vertue more seldom from Nobility; And so I leave it. In the next place, he saith An unlimited power is not to be trusted in the hands of one Man, &c. Which though I shall not oppose it, yet I would fain know wherein this unlimited power concerns his Highness, or if so, wherein it consists: for, he hath not hitherto pretended to more then the Laws give him, and therefore we should be as charitable, as those Laws, who never presume a wrong, unless it be sufficiently proved: And so I cannot tell what it should be he drives at,Tac. Anal. 1. p. 220. except he thinks an unlimited power to consist in a negative voice, without which let a Princes Dominions be never so great, he is but like the Roman Priapus, who though he were God of the Gardens, could not keep a Crow from muting upon his head: Or that picture which the Dutch devised for one of our own Kings, a sword by his side, but locked in with a pad-lock. But if this be not the thing, but he is angry that the Power is put again into the hands of one, Tacitus will tell us, it was the onely way that settled Rome.[Editor: illegible Greek word] l. 1. c. 1. Neque aliud discordantis Reipub. remedium fuisse. quàm ut ab uno regeretur: There could be no other cure found for the divisions of the Commonwealth, then that the whole power should be put into the hands of one: And nothing impertinent to this purpose is that of Agamemnon in Homer

Ουϰ ἀγα[Editor: illegible Greek letter]ὸν ϖολυϰ[Editor: illegible Greek letter][Editor: illegible Greek letter]ανίη, εἷς ϰοί[Editor: illegible Greek letter]ϖ[Editor: illegible Greek letter] ἔςϖ,

Εἷς βασιλεὺς —

Where many rule, no good can spring;

Let be one Sovereign Lord, one King

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In the next place, he pretends to answer two Objections, in the first whereof, he would take off from the unlawfulness of the action of killing his Highness privately (as he calls it) which is in plain English basely and treacherously. Concerning which, because I have largely spoken to it in answer to his second Question, I shall only add what old Gualfridus saith of Rich. 1. slain by an Arcubalist

——Trajecit, tectus, apertum;

Providus, incautum: miles munitus, inermem;

Et proprium Regem——

The second (which he would seem to answer but doth not) is the fear of what may succeed, if his Highness were removed, which being little different from the question, I shall briefly run it over, and having given some instances how fatal the change of States hath generally been, I shall wind up the whole.

First then he saith, We suffer a certain misery for fear of a contingent one, and let the disease kill us, because there is danger in the cure. To which I answer, that if himself were judge, would not he think that Physitian mad, that should advise him to cut off his head, because it akes? Or those Marriners out of their wits, that because they are onely afraid of a storm, shall run their Vessel upon a Rock, out of the pretence of making the more haste to shore? The case of England is the same: We have been long sick, and our disease was well nigh grown to a habit, and now that we are gotten again upon our legs, and able to walk by the help of a staff, what desperate confidence were it, to throw away that supporter, onely because our old Nurse tells us we are able to go by our selves. How much better were it that we rested till we had recovered some more strength, then upon the vain and idle surmises of an incertain cure, expose our selves to a certain relapse? for little better can be looked for, from those desperate conclusions, which like the applying hot bricks to the soles of the feet, though it may be accident divert the disease, yet experience tells us, doth but settle the humor, in some other place, which in a short time becomes a more incurable Gangrene. And therefore I pitty him that shall think these prescriptions fit to be followed, and may safely conclude he is umhappily sick, as being more endangered by his Physitian, then his disease.

But who are they to whom he applies this discourse? or what are the men that must be the executioners of this villany? he thinks Edition: current; Page: [7-423a] the Souldiery the fittest persons, and therefore he would engage them, and if there be any discontents amongst them, boil up those ill humors into a mutiny, if not a rebellion. But I hope they see through his design, and beleeve, that though he pretends himself to have been one of them, ’tis but a design to kill two Birds with one stone: for if they should venture upon such an action, and fail in it, they ruine themselves, and he hath his end that way: and if they go through with it, he is sure they will fall together by the ears amongst themselves; or if that fail, contract an odium from the people, and blot out the memory of their former deserts by the murder of their General, to whom, besides the duty they owe him as their Prince, they have added (Sacramentum militare) the faith of a Souldier; and so he hath his end this way also: But I hope they both know this, and have also learnt, that if it were Gods Cause, as the Gentleman would make it little less, yet it must not be fought with the Devils weapons.

Non tali Auxilio, non defensoribus istis

Christus eget—

In a word, there is a maxime in Morality, That bonum oritur ex integris, and in Christianity, That we must not do evil that good may come of it.

In the next place he strikes upon a string that he thinks will make the best musick; and yet, but once, least it might be thought to be done of design. Utinam te potius Carole retinuissemus, quàm hunc habuissemus, &c. To which I give this short answer, that there are two Acts of Parliament in the case, the one in disowning his Title, the other in setling the Government upon his Highness by the name of the Lord Protector of the Commonwealth of England, Scotland and Ireland &c. And therefore it behoves no man, to be wiser then the Laws of his Country, nay rather, so far to submit to them, that he follow the great wheel of the State, referring nothing to his own brain, which must needs be excentrick and irregular. An example of this we have in Th. Howard Earl of Surrey, and eldest Son to the Duke of Norfolk, who being taken prisoner at Bosworth-field, and being demanded by Hen. 7. why he would bear Arms for a Tyrant, he answered, He was my King, and if the Parlamentary Authority shall set the Crown upon a stock, I will fight to defend that stock, &c.

Lastly, he concludes with the business of Sindercomb; and though in the beginning of his Pamphlet, he is one of those of whom Domitian Edition: current; Page: [7-423b] complains, that will never beleeve there is a Treason unless the Prince be killed, and therefore inquires whether it were a Plot of Sindercomb, against his Highness, or of his Highness against Sindercomb: yet here his study hath got him a stomack, he swallows it bones and all; he sings him an Epinicion (if I may give that name to prose:) and would do more for him then the Pope did for the Jacobine, or Raviliac (the Assassinats of Hen. 3. and Hen. 4. of France) canonize a Traitor for a Saint. But the Rat is discovered by his squeaking; We extoll (saith he) their constancy whom neither bribes nor terrors could make betray their friends; yet tis more then probable that some of them began to suspect it, or else they had never provided him a pill, to secure him against telling of tales. But I hope every man will take example by him, and beleeve there is another way to preserve a mans memory then by firing Diana’s Temple, and that there is as short a cut to Heaven out of a Bed, as from a Gibbet; for, he the Treason what it will, we shall rarely find, that Traytors have gone to their graves in peace; and therefore, I may not improperly use that of Juvenal,Sat. 10. though wrote by him in another sense

Ad generum Cereris sixe cæàe aut sanguine pauci

Descendunt, &c.—

for, either they receive their reward where they have attempted the action, or met with it from them, that set them on work,Plut. in Rom. most men being of Antigonus’s mind, who would say, he loved the Treason, but hated the Traytor: And here,Id. in emmens. if it be requisite to urge any thing further, to confirm a truth so generally received, amongst those multitudes of examples, take this one for all,Lib. 1. c. 1. out of Florus: Where Tarpeia having betraied the Capitol to the Sabins, upon contract, to receive for reward, what they carried on their left hands (intending no doubt their Bracelets;) they both to keep their promise, and withal not to suffer such an exemplary Treason to escape unpunished, threw her in their Bucklers to boot, wherewith being overwhelmed, she received the reward of her treachery. And so I leave it, and come to speak to the disadvantages that the alterations of Government have brought along with them.

Machiavel, whom the Gentleman hath quoted so often (as thinking the very name scandal enough to the people) calls that of Tacitus a golden sentence,Upon Livy, l. 3. c. 6. where he saith, that men are to reverence things past, and to submit to what is present: and should wish for good Princes, but whatsoever they are endure them: and verely Edition: current; Page: [7-424a] who doth otherwise ruins both himself and Country. The Prints of this are every where, but I shall insist onely upon the Roman State. When Lepidus went about to rescinde the Acts of Sylla, Florus saith thus of it, That it was deservedly designed, if it could have been done without the greater damage of the Commonwealth: And a little further,Flo. l. 3. c. [Editor: illegible word] Expediebat ergo, quasi ægræ, sauciæq; Reipub. requiesceve quomadocunque ut vulnera curatione ipsa rescinderentur It was expedient (saith he) for the sick, and wounded Commonwealth to take some rest at any hand, least the soars should be opened and bleed in the cure.Annal. 12. And this is that which Tacitus drives at, when he bids us bear with the dispositions of Kings; for saith he, Neq; usui crebras esse mutationes, it is not for the profit of the Commonwealth that there should be often changes: For as Cæsar said, Kingdoms never change without great combustions, and States suffer worse mischiefs, by not enduring even insolent Princes. The Commonwealth of Rome found it true enough after his death: Examine but the Triumvirate, and you shall find every one set up for himself: Lepidus covetous of wealth,Id. Flo l. 4. c. 5. the hope of which stood upon troubling the State: Anthony to be revenged on them that had proclaimed him Traytor: And Oct. Cæsar for the death of his adoptive Father, upon Brutus and Cassius: Then again came up the proscriptions of Sylla, the free sword did what it pleased, and was more familiar with entrails, then the Aruspices: In a word, it mowed down no less then 140 Senators, nothing but rapine, and slaughter bestrid the streets, till Oct. Cæsar by out-witting one, and beating the other, once more settled the Empire: But then again, when they had gotten the knack of murdering their Emperors, four of which successively were slain, viz Nero, Galba, Otho, Vitellius; the second, and last by the Army; the first, and third by themselves, to prevent worse usage. He that shall peruse the four Books of Tacitus his History, shall find it nothing inferior to that Character, which he gives of it in the beginning; Opus, plenum magnis casibus, atrox præliis,Tac. Hist. l. 1. c. 2. discors seditionibus, ipsa etiam pace sævum; A Work (saith he) containing sundry changes, bloody Battels, violent Mutinies, Peace full of cruelty, and peril: Four Emperors slain with the sword; Civil Wars three; foreign, more, and oft both, &c. Histories are full of examples to this purpose, and would rather require a volume then a few sheets, but I shall onely apply this last, and conclude.

When Alexander the Great had a purpose to build a City to his Edition: current; Page: [7-424b] glory, Dimocrates the Architect came to him, and shewed him how it might be built upon Mount Athos; which place, besides that it would be strong, he could so order, that the City should be made in form of a Man, which would be a wonder worthy his greatness; whereupon being asked how the Inhabitants should live, he answered, he had not advised of that point yet: And truly to me it seems that the Gentlemans brain, was big with some such Chimera, or else it could never have come into his head, to have advised the destroying one Government, before he had thought upon some other frame, to set up in the room of it: For supposing the Gentleman had his wish, and that his Highness were carried away in some popular combustion, or by a private hand, which would work the same effect, (which God forbid:) it could not but rationally be expected, that we should onely then begin to know what it were to suffer; for of all Tyrannies, the fury and madness of the people is the greatest: Then, when too late,Bodinus de Reg. l. 2. we should have every man complain, that if he were chastised before with rods, he is now lashed with Scorpions, and experimentally find, that the little finger of the people, would be thicker then his Highness’s loyns: Excellent to this purpose, is the Philosophers story of the Ass, who being laden with Salt, and passing through a River, casually stumbled in it, and perceiving that by that accident the salt melted, and his burden became lighter, he could never after come by any water, but he would be lying down in it; till his Master perceiving it, laded him with Wooll, and then, when too late, the poor Ass began to repent himself of his trying Conclusions. Besides, there is a great advantage we recieve, both by not changing our Governors, and by not suffering the Government, when vacant, to run into too many Families; the contrary of which, hath been the great impoverishing of elective Kingdoms: And this I shall deliver in the same Fable that Æsop did to the Samians upon the like occasion. There was a Fox, saith he, swiming over a River, but the stream being too strong for him, he was beaten into a bush, where he was horribly infested with Flies: it happened the Hedge-hog came by, and pittying his condition, profered him his service to beat them off: to whom the Fox; No Brother, let them alone, for their bellies being full, they are quiet, and do not trouble me, but if you shall beat off these, I shall have others come in their room, who will take all that blood which these have left: The Moral is good, and prevaild so with the Samians Edition: current; Page: [7-425] that they continued their Governor; and weighed so much with Tiberius, that he seldom removed his Deputies of Provinces, there being (as Josephus relates) only two (viz. Cratus and Pilate) in Judæa for twenty years together. For as Statius saith, Non parcit populis Regnum breve—For not knowing how long, or little they may continue, it cannot be expected, but that they will make hay, whilst the sun shines. And as to the second, of the inconvenience of letting the Government run into too many Families, I need go no further for instance then the Empire of Germany, which by this means hath had such Cantons lopt from it by the sons of Emperors, as Bavaria, Saxony, the Palatinate, and others, that (whatever it is now) it had ere this time crumbled into dirt, had not Charls the Fifth thought upon that policie of Rex Romanorum, whereby, it hath been not only kept to this day, in the Austrian Family, but divers of those Territories are again brought into the Antient channel, from whence, to the great endangering of the Empire, they had been formerly purloined.

Lastly, to winde up all, I have but a word, and that is to the Discontent, upon whom this kind of doctrine hath the same effect, as poison upon cholerick constitutions; it enters easiest, and works fastest: And therefore ’tis probable they were the persons principally intended by this Pamphlet; and the rather, in as much as they look upon his Highness as a person come in by Conquest; and therefore say, That all power won by the sword, may be lost by the sword. To which I answer, That admitting that, which his Highness never owned, or pretended to, yet even upon that score it stands most with their interests, to be quiet, and submit to the Government: And therefore I will give you the opinion of Seneca, upon the very same case:

Mer. Fur.Si aterna semper odia mortales agant,

Nec cœptus unquam cedat ex animis furor;

Arma felix teneat, Infelix paret.

And having in the following Verses reckoned up the miseries and inconveniences of a War, he adds,

Pacem reduci velle, victori expedis;

Victo necesse est. ———

And so having brought my discourse down to particular interests, I think I cannot break off in a better place.

FINIS.

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Michael Hawke

Hawke, Michael

c. 1657

32.

7.32 Michael Hawke, Killing is Murder (c. 1657).

Editor’s Introduction

(Placeholder: Text will be added later.)

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Call. comm. f. 1. 133. b.ANd first of his Title, Killing no Murder: Wherein by his Jesuitical fallacy he shewes himself to be of that Faction; for Killing is Murder, and no Murder: And it is no Murder in the Supream, or Subordinate Magistrate, for any Capital Crime to condemn one to death, and Execute him: But it is Murder in any private Person upon precogitated malice to kill any private Man. And that, if any private Person compasse the death of the Supream Magistrate, and declare it by any overt Fact, though he be a Mad Man (as I suppose therein William Allen is) the very intent is high Treason, and Superlative Murder by the Law of God and Nations, though it be not effected; which he in facto will be inforced to acknowledge, if once apprehended; notwithstanding the Jesuitical Institutions of his Ghostly Father Mariana.

Contra Monarchi. com.Which also the taking upon him the spurious name of William Allen seems to signify; wherein no man of that name and his condition is to be found within the Latitude of our territories; a fashion followed by the Jesuites, as by Eudemon Johannes, and Junius Brutus, whom Beza supposeth to be Parsons the Jesuit; and not without reason, saith Barclai, in that they blush to own that opinion, which they in conscience know to be erroneous:See the Preface to the Provincialls. Which is allowable to the Jesuitical Doctors, to teach others that which they really know to be erroneous, as Layman the Jesuit affirmeth, quamvis ipse Doctor ejusmodi sententiam speculative falsam esse sibi persuadeat. Neither doth his bearing of Armes free him from that suspicion;Watsons Quodlibet. f. 238. for Parson the Jesuit is checked by Master Watson, for Acting in Campo Martio, with Bellanas Banners; and if Fame speaks truth, he is not the onely Jesuit hath under the shape of a Souldier lurked, and done mischief in our Army.

Put them in mind to be subject to principalities and powers ready to obey Magistrates, and to every good work. Tit. 3. 1.

Neither murmure, as some of them have also murmured, and were destroyed of the Destroyer. 1 Corin. 10. 8.

Curse not the King, no not in thy thoughts; for a Bird of the Aire shall carry the voice, and that which hath Wings shall tell the matter. Eccles. 10. 20.

Falsa maledicta in privatum quidem non licet jacere, in Regem vero veris abstinendum. Grot. de bel. l. 1. c. 4.

Remove from me reproach and contempt; for I have kept thy Commandments. Psal. 119. 221.

Non est ulla restanti, aut commodum ullum expetendum, ut viri boni & splendorem & nomen omittas. Cicer. 3. Offic.

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To the Most Puissant and Prudent PRINCE, OLIVER CROMWEL, By the Grace of God LORD PROTECTOR Of the Commonwealth of England, Scotland, and Ireland,

And the Dominions and Territories thereunto belonging.

Most Renowned PRINCE,

PArdon me, if I presume to present these Papers to Your Princely View, as Justine did his Annals, to the Emperor Antoninus; Non tam cognoscendi, quam emendandi Edition: current; Page: [7-428a] causa; not so much to instruct you as to be Instructed of You, who are best able to Judge of the Historical Passages related in them; in which You have been a Continual and Honorable Actor: Which, if it shall please Your Highness, to peruse and examine by the quadrant and square of Your exact Judgement, and peircing Intellect, You shall highly Honor him, whose ambitious and ultimate scope is to vindicate Your Highness Honor; which hath alwayes, and ever shall be divulged and defended by the Pen, and Hand of Your,

Unworthy Servant, and observant
Subject,

MICH. HAWKE.

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To the Upright and Unbiass’d READER.

IT is not unknown to some great Personages, that the Author had compleated this Exercitation before the Answer to Killing no Murder saw the light; and had been made publick sooner, but that he doubted to divulge it without the surveigh of some of the Higher Powers: their being therein specified many particular passages concerning the State. Neither is it a Novelty, or an inutility for diverse Books of the same subject to passe the Presse, as St. Augustine upon the same occasion averreth. Utile est (saith he,)Lib. 1. de Trinit. c. 3. plures libros, a pluribus fieri diverso stilo etiam de quæstionibus iisdem, ut ad plurimos res perveniat ad alios sic, ad alios autem sic: It is profitable to have many Books composed of many in a divers stile, even of the same questions, that the knowledge of the thing may be conveyed to many, to some after this manner, to others after another. Which also may be very requisite, and conducent to the suffocating of this Edition: current; Page: [7-429a] serpentine pamphlet; for a single eye may clearly discern by the therein inserted secret and several relations, that it cannot proceed from one brain, but that it is Hydra multorum Capitum composed by many virulent Heads, and therefore had need of more Heads then one to incounter it: Besides many material passages are untouched by the other, which in this are punctually handled, and not by skippes, but litterally, and orderly decided: And also have retorted in his teeth the filth of his scurrilous and bitter taunts, and thrown them in his own face, which for the most part work more powerfully on cavalier and nimble wits then a Logical Argument; for as Horatius one of the Secretaries of Augustus,

Rid culum acri

Fortius, & melius magnam plerumq; secat rem.

Horat. l. 2. Sp. 1.Which are generally by him pretermitted. My intention is not to disparrage the Author; for in many things he hath done very well; Sed plus vident oculi, quam oculus: Two eye see more then one.

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The Preface.

IT hath been deemed prudence in Princes, to sleight calumnies; for which Tacitus gives these Reasons, Quia spreta exoleseunt, si irascare agnita videantur; because, they being slighted vanish and come to naught; but if you be angry at them you seem to acknowledge them; and in another place by condemning them, Nil nisi dedecus sibi,View of the Civil Law, &c. fo. 31. atque illis gloriam peperere, They have purchased nothing but disgrace to themselves, and glory to the Authors: which are to be understood of defamations, proceeding from the lubricity of the tongue, or weakness of the brain as Sir Thomas Ridley distinguisheth, according to the saying of the Emperor, Siquis Imperatori maledixerit si id ex levirate processerit, contemnendum est, si ex insania, miseratione dignissimum. If any shall speak evil of the Emperor, if it proceed from lightness, it is to be contemned, if from madness, it is worthy of commiseration; but if they be Vulnifici sales & cruenta verba Wounding and bloody words, full of rancour and malice;Curt. l. 6. which as Alexander in Curtius, perveniunt ad gladios, Produce quarrels and seditions: Such Calumniators according to the constitution of Theodosius, ought to be secured,Tac. l. 6. by Custody, and according to other Princes, by Death, as Tiberius the sagest of the Emperors, who otherwise, was merciful to Male-dicants, caused Panconianus for composing Verses in disgrace of him to be condemned Læsæ Majestatis, Of High Treason, and to be strangled in Prison; which moved Henry the Seventh, whom Sir Francis Bacon adorneth with the Elegy of a wise Prince,Bacon His H. 7. to hang and execute five persons, for contriving and spreading of swarms and volleyes of Libels against his Majesty. And so severe and strict was the great Turk in punishing this crime, who in moral policy by dilating his Empire seemeth second to none, that he commanded fifty Scholastiques whom they called Totti, to be put to death, because they made certain signes and signification of a sinister conceit they had of him, which might be conceived to be a very cruel censure; but that the Wiseman intimateth the same Eccles.Clapm. l. 6. nuper. 10. 20. Curse not the King no not in thy thoughts, and that the disparagement of Princes are the fomentaries, and as Sir Francis Bacon the Females of Sedition.

Idem. H. 7.And though the words of a malitious Detractor as the Wise-man, are sharper then Swords, or as Heracides, then whetted Swords, and penetrate into the Bowels of the Belly, yet the diffamations of a Libeller, are more pernicious especially Printed Libels, because more permanent; Littera Scripta maner,Plut. Apotheg. and perpetually read & carried from one malevolent hand to another, and will not exelescere as Tacitus saith, but gliscere, not decay but increase; for most men are transported with a philanty or self-respect, and have envious and itching ears, to hear ill reports of others, and are easily induced to beleeve them. So as the more dangerous they are, the greater care should be taken, to cancel, and vacuate them, which may be according to the practice of other Princes, either Cremando, Edition: current; Page: [7-430a] by apprehending them in Ovo when they sweat under the Presse; And to fire them as Tiberius did those of Liberius, who wrote the Elegy of Brutus and Cassius: or else refutando, by Reasons, which work most on a man, to refute them: as the most learned Doctor Andrew handled and tortured Tortus, who by his Pen, as this Libeller attempted to seduce the Princes Subjects from their allegiance; These are the thoughts which have instigated the Author, to convel, and confute this pestilens and perilous Libel, which punctually levelleth at the ruin, and fate of his Highness; and also by collection of other Princes, for under the pretence and colour of Tyranny, he concludeth it lawfull for any obscure or sordid person to kill or murder his Sovereign Prince, pronouncing it to be a glorious and magnanimous Act so to do. And for so much that this Pasquil is covertly dispersed among discontented and seditious persons, which they embrace as their Apostles Creed, and communicate and extol it to others, as an indubitable, and sacred Truth, whereby many well disposed people may be debauched, corrupted, and withdrawn from their due obedience to their Prince. The Author, thought it his duty to the Prince, and Publique, to prevent such imminent and future mischiefs,Oseand. Cent. by making it manifest, that every page of this Pasquiller is full fraught with venemous errors, and seditious falsities. And that their Apostle is Os Diaboli as Ireneus stiled Marcion, the Mouth of the Devil; and that this Creed is the Devils Creed, forged in the Infernal Shop of King Killing Jesuits his selected Apostles.

Wherein if the Author shall seem Superficially Prolix

Utque oblita modi millesima pagina surgat.

Juv. Sav. 7.Yet hopeth he well that the Serious Observator will mark, and consider the various, curt and close couched Historical Passages, with his Suspence and involved Questions, which could not be clearly conceived, and fully reselled in canciser and fewer Lines.

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Invidia calumnia mater.ANd first in general to tax him for his Calumnies, the brood of envy and malice, wherein he followeth the steps of Satan, who for calumniating and accusing his Brethren is sirnamed Diabolus, which in the Original signifieth a Calumniator; and practiseth the precept of Medius, whom Plutarche stileth Dux Calumniatorum, the Captain of Calumniators, which is Audacter calumniis mordere, inquiens, si it qui morsus est, vulneri medeatur, cicatricem tamen relinqui; boldly to bite with Calumnies, saying, that if he that is so bitten be cured,Lip. de cont. yet a scarre will remain; for as Machiavel, though Calumnies be grounded on slight suspitions, yet they being once divulged and entertained will hardly be removed. And this is generally this Impostors breviary,Plutarche de diff. & ad. or practise of piety in all the passages of this Pasquil, to interlace, and interweave here and there divers contumelious opprobries against his Highness, which though they be universally fictitious, yet hopeth he that some scarre or filth will adheare to his skin; but he is vaniely deceived, for the Magnanimity and integrity of his Highness will with scorn and contempt cast off the dirt, and filth of his contumelies, as a Lion doth dirty water passing through a miry slough, without any blemish remaining, saying, Ille didicit maledicere, ego maledicta contemnere;Machiavel. l. 1. cap. 8. he hath learned to revile, and I to contemne revilings.

Terent.And then in particular to pursue him close, and to pay him in his own coyne: Ut quod ab ipso allatum est, id sibi illatum putet; that what scoffes are cast from him, he may find retorted on him.

In the front he placeth his supplication to his Highness, which is as full of jeeres as words, wherein he endeavoureth with Archilochus by his snarling scoffes, to jeere his Highness out of his life, as he did Lycambes according to the Verse,

Tincta Lycambæo sanguine tela gerunt:

And would fain perswade his Highness to his happy expiration, whereby he might shew himself a true Father and Deliverer of his Countrey, and free it from a bondage little inferior to that from which Moses delivered his ---- (A Simile, which by his often repetition seemeth much to please his fancy, though no more like then this Impostor is to a true Israelite) and that then he will be a true Reformer of Religion, and till then we can call nothing our own; and that by his death we hope for our Inheritance, with some other Ironys tending to that purpose, which becomes the Kings Jester better then a States man, as he would seem to be: but his Highness may truely and justly say with Titus the best of the Roman Emperors, who by such Detractors was reproached in the like kind; Seeing I have done nothing worthy of reproach, Mendacia non curo; I weigh not lyes: and that by all Edition: current; Page: [7-431a] peaceable and prudent people and their Representative; he is acknowledged to be a true Father of his Countrey, and a Deliverer of his people, from the Ægyptian bondage of Popery and Tyranny, and that by his Paternal and Princely care; our Inheritances are setled and protected against forreine invasions; and domestique seditions, unlesse theirs who through intestine insurrections, or publique Rebellions have justly forfeited the same, such as this Impostor and his Consederates are, or have been.

And that contrary to this Impostors contumalions suggestion, justice is not defined by the will and pleasure of the strongest; but other Laws take place as well as those of the Sword, which all the subordinate Justiciaries to his Highness will averre; that it hath been his principal and peremptory charge to them to administer Justice to all impartially, without any respect of persons, according to the Laws of the Land; and that his Highness upon particular complaints of divers of his people, pretending that they have not received Justice, by the hands of his Justiciaries hath called them before him, and according to Law, equity, and good conscience heard and determined the same. And as St. Paul did, so doth his Highness exercise himself to have alwayes a good conscience, void of all offence,1 Tim. 4. 2. towards God and man; where is then the terror of conscience this Impostor would fasten on his Highness? is it not fixed in his own heart? is not he one of them the Apostle mentioneth, who speaking lyes with Hypocrisy, having his conscience seared with an hot Iron, giveth heed to seducing Spirits, and the Doctrine of Devils? For who can deny but it is the Doctrine of the Devil, who was an Homicide from the beginning, to give the Reins of Authority to dissolute persons, to wound and slaughter the supream Magistrate, to whom they ought not onely to be subject for wrath but for conscience sake?

And therefore it behooveth William Allen to consider in his own conscience, in what a sad and desperate condition he standeth through his Diabolical murderous intention, whereby he cannot onely escape the certain doom of Gods vengeance, but also incurre the Capital ceasure of his Vicegerent; which to avoid, I will not advise him as he did his Highness, though it may be supposed, that to escape a shameful death like Brutus and Cassius, he will perish on his own Sword, or rather with Judas frighted with the terror of conscience will be his own Hangman, or else with his renowned Sindercombe swallow a Spanish Figge to shun the Triple Tree; but why should he be supposed to be so Valiant, whose valour, like Thersites, consisteth onely in braving, railing, and encouraging others to fight, and assault one he dares not himself encounter; and what man of common sence will give ear and credit to his exhortations, by which he would incite others to Act that horrid Homicide he himself feareth to attempt? Howsoever this Impostor may assure himself, that his Highness hath his heart and conscience so armed, and fortified with Religious fortitude, and Pious constancy, that no Scuril or popular conceits can deterre him from laying fast hold on his Scepter.

Virtus repulsa nescia sordide,

Intaminatis fulget honoritus,

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Nec sumit aut ponit secures

—— Arbitrio popularis aura.

Next followeth his Dedication, which is as full of shifts, as his supplication was of scoffs,

Astutam vapido servans sub pectore vulpem:

Shrowding two faces under one subtile hood.

Wherein he straineth all the nerves of his conceit to corrupt and debauch the Army, and either to withdraw it from his Highness, or to divide it to its and his Highness destruction, which is apparent in the Title; it being directed to all those Officers and Souldiers of the Army that remember their engagements, and dare be honest (hoping at the least to gain the honest party to his Devotion.) But I wonder much that he should have such confidence in the honest party, having so little honesty himself; for what honest man would attempt to divide but unite, and especially the Army, whereby it might be decayed or ruined, which under God was the principal meanes of procuring our Liberty, and of preserving the same? but what cares William Allen if with Phaeton he fires the world, so he may have his will; to wit the ruine of his Highness, which is the fatal close of his Dedicatory Epistle? This the Levellers aimed at in the year 1649.See the Declaration of the Parliament of England, dated 27. September 1649. And the Case of the Commonwealth &c. Dated 1654. and the fifth Monarchy men in the year 1654. by the division and alteration of the Army, to suppresse the Generals; but his Highness and the Army are in one Body so naturally and affectionately incorporated, that no Command or divice can dissipate and separate them, no more then the device of Pompy, and the Commande of the Senate could Cæsar and his Army at Rubicon.

But to weigh his wily Arguments, by which he cunningly goeth about to seduce the Army from his Highness; the one, and the Prime one, is, that the Officers and Souldiers of the Army, which were raised to defend the Priviledges of Parliament, his Highness hath made to dissolve Parliaments. This is a fallacy from the cause, a non causa ut causa;See the true Case of the Commonwealth &c. Dated 1654. for the raising of the Army was not to defend the Priviledges of Parliament, but to bring Delinquents to condigne punishment, the maintenance of the Laws, and Liberties of the Land, and of due successions of Parliament, which did not intend to quarrel with the Kingly Government, but to regulate the disorders, and excesses in the Government. And the Army never took up Armes against any particular form of Government, nor ever fought against the King as a King, nor for the Parliament meerly as a Parliament, as appeares by all the Papers and Declarations have been published in the beginning of these Warres; and therefore was the long Parliament justly dissolved by the Army, because it exceeded the due time of successions of Parliaments, which should have been but triennial, & not perpetual as they would have had it; besides many other enormities did concurre to its dissolution, which in the true State of the Commonwealth Stated, Dated 1654. Fo. 11. 12. are amply declared, so as when that was dissolved, there was not so much heard as the barking of such a Dog as the Impostor is, or any general or visible repining at that; and the Souldiers therein were not made the Instruments of slavery, and establishers of Tyranny as he Edition: current; Page: [7-432a] saith, but the Restorers of our Liberty, and Instruments of Justice. No other Parliament I know of, but that it did continue out the fixt period of time, according to the first Institution.

And as concerning their engagements; the Parliament being justly dissolved, the engagements concerning the Priviledges of the same, are also justly dissolved; for all promissory Oaths as engagements are but Political ties, grounded upon Political considerations for Politique ends, and binde no longer then the particular Politei and State standeth; for as the Civilians distinguish in such Oaths,Tholosa Syntag. 49. c. 4. apposita clausula censeatur, promissionem valere rebus sic ut tunc erant extantibus & in codem statu permanentibus; an annexed clause or condition is to be supposed, that promise to be of force, things standing as they then were, and remaining in the same State; so as if that State be changed and ended, such engagements as reflect on it are determined;Suares resp. ad apologiam projure fidelit. 409. which distinction this Impostor might have learned of his Master Suares, Quod sublata materia Juramenti, consequenter obligationem auferri necesse est; that the matter of the Oath being taken away, by consequence the Obligation of necessity must be taken away; as if a King, faith he, be deposed, he ceaseth to be a King; and in that respect no obedience is due unto him, and forthwith the Oath doth not binde; à fortiori, if the Government be determined, and the matter of the Oath dissolved, the Obligation of the Oath is ipso facto extinct; for as Master Askham, possession is the great condition for our obedience and allegiance; how unjustly therefore doth this Impostor call these distinctions prevarications to piece up contrary Oaths, which are grounded on approved Authority, and his own Masters opinion. The other reason on which he groundeth his seditious designe, is, that the Officers and Souldiers of the Army are employed to force Elections, that is, as may be conceived to seclude such as are turbulent and factious from being Elected, and admitted members of Parliament, wherein we are to distinguish between a quiet and setled State, and a Commonwealth which is distracted with factious. In the first a free Election of Knights, Burgesses, and Citizens in Parliament, is requisite, and ought to be, as Plato saith, Libere & incorrupte; in the second a free Election is altogether inconvenient and dangerous; for otherwise that great Council may be distructed, and overruled by turbulent Spirits, and nothing by it resolved for the publique good:See his High. 22. A pregnant Example, of which we lately had in the proceedings of the late Precedent Parliament, which as his Highness saith, wholy spent their time, and did nothing. And in such cases of extremity where there is no course of prevention otherwise provided by Parliament, Expedit principi omnium dissentionum causos in repub. dirimere;Jan. 1654. it appertaineth to the Prince to prevent all causes of dissention in the Commonwealth, for he is the supreame Conservator pacis; and by the advice of his Council may bar, and frustrate the Election of those of whose malignancy and disaffection to the State, he hath received certain and infallible intelligence, and that by way of preventing future discord and distraction; and accordingly in the turbulent times of Henry the third, when the Kingdom was divided into two mighty Parties, That wise King called the best affected onely to Parliament, as Master Cambden in Edition: current; Page: [7-432b] his Britannia relateth; Ad summum honorcm pertinet,F. 122. saith he, Ex que Henricus tertius ex tanta multitudine que seditiosa, & turbuleata fuit, optimos quosque ad Parlementaria comitie evocaverit. It was an highly honoured Act in Henry the third, that out of so great a multitude, which was seditious and turbulent, he had called every one of the best affected to the Parliament, by whose prudence and moderation the torn Estate of that Kingdom was cemented and setled in an uniformity of peace and tranquillity. In like manner did his Highness this Parliament out of a multitude of malignant and discontented persons, by the advice of his Council, according to the Instrument of Governement, call and admit those onely who were best affected, and well disposed, into the Parliament House; by whose wisdom and advice with little disturbance and contradiction the three main Pillars of the State, which were then tottering, were firmly fixed and established by Act of Parliament; to wit, the supreame Magistracy was confirmed in his Highness, the succession setled, and the Liberties of the people were Ratified, and secured by his Highness, according to the advice and Request of the Members of Parliament; and were not as he impudently saith, Pimps of Tyranny, onely imployed to draw the people to prostitute their Liberty.

How unworthily and injuriously therefore doth this Impostor brand that pacifique and prudent Parliament in divers passages of his Pasquil with the strange name of a Junto (with whose found he is as much pleased as children are with the strange noise of a Rattle) because it was purged and cleansed of such malignant and factious spirits, and not virtuous, at this Impostor saith, who would have formented discord and dissentions among them: By which means the distracted State of these Nations is happily united to the content of his Highness, and satisfaction of the People: And that with the approbation and applause of the Religious, Zealous, Faithfull, and Couragious Officers and Souldiers of the Army, as he stileth them, notwithstanding his conjuring imprecations,F. 15. who for their fidelity upon occasions, are deservedly advanced & exalted by their magnificent & victorious Prince & General; & not ruined by him whom they raised, according to this Impostors Machiavilian rulle, which, he saith, Princes observe, when they are in power, never to make use of those that help’d them to it; unless they be such as this Impostor is, Seducing Mutineers, who are justly purged, and cast out of the Army like dung, and like cudgeled hounds lye lurking in their kennel, bawling, barking, and catching at flies, and are not like to rise, or be exalted, unless it be as Haman was, and as he divineth, be hanged up like bottles.

Qui male dixerit pejus audiet.

His Preface now ensueth, wherein, like the Fox, though he seems to change his hair and outside, yet still retains his nature and manners, according to the Proverb, Vulpem pilum matare, non inores; and pretendeth, that it was not instigations of private revenge and malice (though it may be conceived, manet alta mente repostum, that his publique disgrace doth still stick in his stomack) but indignation did make him break that silence prudence would perswade him to use. But indignation and anger, saith the Edition: current; Page: [7-433a] Royal Preacher,Eccles. 7. 9. resteth in the bosom of fools: And, Ira furor brevis est, Anger is a mad Pen-man, which makes him use such frantick and wild expressions. But what is he angry at? but that he shall employ his time and pains to little purpose (which he truly divines) or to think that any reasons of his, or convictions of theirs, shall draw men from any thing wherein they shall see profit, or security; or to any thing wherein they shall see loss, and fear of danger (which also is true) for, by the dictate of reason, every one is taught and convicted to pursue his own profit, and to shun danger; neither will any one of sound sense hearken to his unprofitable and unreasonable delusions.

And, that we court our bondage, and place it among the requests we put up to him (which is illi cordolium, and strikes to his heart to see the sincere affection of the Parliament, and their respective observance) And, that he expecteth not onely danger from ill men, but disallowance from many which are good, that have a zeal, but not according to knowledge (neither of which he hath, which therefore he must expect.) All his hopes is, in honest and wise men, which, he saith, are but few, or indeed none at all; for what honest or wise man will give ear to his projects, which as he confesseth, appear so bloody, and so cruel, unless such discontented and forlorn persons as himself, whose life is a death to them, and for whom Timon Misanthropos hath prepared a new Gibbet in his Garden, expecting daily their desired hansel.

But his foul Pen bespatters not onely his Highness, but his accomplices, as he terms them, and especially Mr. Speaker by name, for giving Mr. Sindercombes traiterous designe the epithites of bloody, wicked, and proceeding from the prince of darkness, fearing that the people judging of things according to their outward appearances, without penetrating at all into their causes and natures, when they shall read the Pamphlet of Mr. Speaker, they will certainly think he gives those plotters the right Titles; and not without good reason; for though the vulgar do not ordinarily dive into the causes of things, are not wise enough to apprehend them, yet most of them are so wise, as to hearken unto the advice and reports of those whom they know to be wise, and able to judge of them (whom Aristotle in that respect adjudgeth to be wise men) And therefore without doubt, they will sooner believe what is declared by Mr. Speaker, who is a man of Authority, and who hath alwayes been reputed vis bonus, & sapiens, a wise, and honest man, then that what is feigned and foysted in the Pamphlet of this Impostor, an obscure, scurril and lying Pasquiller, which for it in divers places of the City of London was burnt by the people, for want of an Hangman, which is notoriously manifest, in that he seemeth to doubt of Sindercombes traiterous design, and suspitiously to ascribe it to his Highness invention, whereas the contrary is made clear by the confession of his confederates, and upon sufficient evidence, at a publique Trial, so adjudged. Which is not unlike to his lying protestation, to wit, that his principal intent in this paper is not to declaim against my Lord Protector, or his Accomplices; and that were it not more to justifie others then to accuse them, he should think their own actions should justifie them sufficiently; which, as Cicero, Edition: current; Page: [7-433b] is magnum & impudens mendatium, a great and impudent lye: For in his Supplication he perswadeth his Highness to his happy expiration, and that his death shall something ballance the evils of his life. And in his Dedication he inciteth the Officers of the Army against him, that they can never redeem their honour untill they see their revenge upon his faithless head. And herein in his Preface he justifieth it lawfull for Sindercomb to have killed him, as a Tyrant, and by consequence for any other private man. If then to perswade his Highness to his expiration, or to incite the Army to take away his life, or to allow it lawfull for any private person to kill him, and that as it is probably said, tribus bolis, he would have him forthwith devoured one way or other, be not principally to declaim against his Highness, then fools cannot speak nonsence.

But what will William Allen gain by his lying, but that when he speaketh truth, no man will beleeve him, but say to him as it is said in the Comedy, Si dixtris mendacium solens tuo more feceris?

Plant. Amph.But to pass by his other sensless and superfluous passages, and to discuss and examin his three serious questions, which contain in them the contagion and venom of this pestilent Pamphlet.

The first is, Whether my Lord Protector be a Tyrant or no? which he saith is no question, and would disputare ex non concessis; but he shall neither find it granted of us, nor proved by him.

The second is, If he be, whether it it is lawfull to do justice upon him without solemnity, that is, to kill him?

The third is, If it be lawfull, whether it is likely to prove profitable, or noxious to the Common-wealth?

The first question: Bartolus makes Tyrants of two sorts, In titulo, or Exercitio; the one is called a Tyrant, because he hath no Right to govern; and the other, because he governeth not rightly, or as he Phraseth it, Tyrannically; and at last inferreth that the Protector may with great Justice put in this claime to both Titles, but how unjustly, the conclusion will manifest.

And then saith, that we shall sufficiently demonstrate who they are that have not right to govern, if we shew who they are that have:Arist. Polit. l. 1. c. 1. And first he premiseth truely that the supreame Power was first placed in Fathers of Families, as Aristotle tells us from Homer, that every one gives Laws to his Wife and Children; so Adam was the King and Lord of his Family; and a Son a subject, and a Servant was then one and the same thing; and this power was exercised everywhere where Families were dispersed,Rules concerning Governement. F. 14. and some small time in some places after Commonwealths were constituted; but whereas William Allen assumeth, that after, of many Houses and Families a Society was made, the supreame Power was designed and setled in one man, by the consent and Election of the people, where the immediate appointment of God himself did not interpose; William Allen must give me leave to leave him; for after the fall of our first Parents the natural State of men, before they were setled in a Society, as Master Hobbs truely saith, was a meer Warre; and as Cicero saith, tantum haberent quantum manu ac viribus per cadem & vulnera eripere, & retinere potuissent:De Regis Institut. Fo. 16. had so much as by force and might through wounds and slaughters they could obtain and retain; Edition: current; Page: [7-434a] and as his Master Mariana in those times, Ubique latrocinia, direptiones, cadesque grassabantur; everywhere Robbery, Rapine, and Slaughter did rage, which abhorreth not much from the Sacred Scriptures, as is plain by the Tragedy of Abel and the Murtherous minde of Lamech:Gen. 6. And what may be meant by the Giants who were mighty men, and in the old time men of renown, but such as Thucydides writes of, who by force and rapine did snatch and catch what they could from others, holding it an honour, and no disgrace, so it was Valiantly done; all which continually happened before the setlement of a Society by a Supreme Governor;Lib. 1. how then was it possible for such a discordant multitude of people solemnly to concurre, or unanimously to consent in the Election and approbation of a Supreame Magistrate, which indeed at that time was bellua multorum Capitum? and though God for the special care he had of the People of Israel, did sometime after a special manner choose their King, whom the people afterward; did accept and approve, yet cannot this Impostor find any Place or Text in the Scripture, where any Power or Commission is given to the people to govern themselves, or choose themselves a Governor, or to alter the manners of Government at their pleasure; though this Impostor would obtortâ gula wrest the Text of Deut. 17. 14, 15. to that purpose; If thou say I will set a King over me, like as all the Nations are about me; Thou shall make a King over thee, such as the Lord thy God shal choose; so as notwithstanding their saying, the choise and nomination of their King was to proceed from God; and therefore according to that prediction, when the people did ask a King;1 Sam. 6. 5. and that Samuel would make them a King to Judge them like other Nations, he shewed them Saul, saying, See you him whom the Lord hath chosen,1 Sam. 6. 5. which the people acknowledged, showing and saying, God save the King.

And in that he saith, it is plain in that place that God gives the people the choise of their King, for there he instructs them whom they shall choose, one of the midst of their Brethren: This is otherwise; for he there saith not they shall choose a King from among their Brethren; but they shall make a King over them;1 Sam. 10. 1. from among thy Brethren, whom the Lord God shall choose; that is to say, shall approve and confirme Gods choise: So Saul was chosen by God, and anointed by Samuel, but was made, that is, confirmed King by all the people in Gilgal; so David was chosen by God, and anointed by the same Prophet, but was afterwards confirmed by the people of Juda and the Elders of Israel.

1 Sam. 16. 2. 14.And if the peoples consent were alone sufficient, then was Gods choice in vain; but I hope this Impostor will not be so vain in this as in other things he is, to make Gods Election and choice vain, to please the people; for Deus & natura nil faciunt frustra, God and nature do nothing in vain: Much more he saith he could say if it were a lesse Manifest truth, to wit for the Election of the people; but how can it be a Manifest truth is so absonant from reason? for it is averse from reason, that men who are free by nature, should by free Elections expose themselves to imperious subjection, without fear or force;Orationed Cæsarem. for by nature every one asperrime Rectorem patitur, unwillingly and slubbornly endureth a Ruler; especially to have the Edition: current; Page: [7-434b] Power of life and death over him, as every Ruler hath; whereupon Patricius inferreth this conclusion, Nulla gens sine aliquo metu,De rep. F. 6. vel vi supremo Magistratui se subjecit; and therefore as Bodin saith, Aristotle is deceived in supposing that Kings where chosen by the suffrages of the people; fallit enim Aristoteles, saith he, qui aureum illud genus homitum Fabulis Poetarum quam ipsa re illustrius, Reges Heroas suffragio creasse prodidit,Bodin. de repub. l. 2. c. 2. Aristotle deceiveth in that he sheweth that the people who lived in the Golden Age, did create their Heroique Kings by suffrages, which is more Illustrious by Poetical Figments then by real truths; for it is perspicuous that the first Kingdom and Royalty was constituted by Nimrod, whom the Sacred Letters call a mighty Hunter, because by force he gained his Kingdom; for before his age, Liberty was equal to all; and he was the first that compelled Free men to subjection, and therefore is called Nimrodus,In. Gen. 10. that is Dominus metuendus, a terrible Lord, and as Tostatus, was the first King and Monarch, because we read of none in Holy Scriptures Reigned before him.

But against this I surmise this Impostor will object who goeth about to make all Princes Tyrants in Titulo,Cajus in Arist. Fo. 3. c. 10. whose Power is not founded on popular Election or consent; that Nimrod was a Tyrant, because he was a mighty Hunter, Populosque vi & armis Sceptro subjecit, and subjected the people by force, and Armes to his Scepter; but on the contrary he is said to be a mighty Hunter before the Lord, because as Chrysostome saith, robur acceperat à Domino;Cornelius de lapide Melehior Canus, Aben Ezra in 10. he had received his strength from the Lord, by which he subdued the people that lived in that age and that lie nutu & beneplacito Dei, by the impulse & good pleasure of God had forced the barbarous and rude people unto a Civil life, and stoutly ruled them by the Power of the Sword, as many Commentators on that place observe;Gen. Barcl. contra Monarch F. 281. so as if this Impostor will make Nimrod a Tyrant, he must make the will and power of God Tyranny, by which he obtained his Royalty; for as Aquinas, effectus semper convertitar in suum principium; the effect is alwayes converted into his principle: It is clear therefore, that if we respect the foundation of Government, it is not Election or consent of the people, as this Impostor would have it,Acq. sum. [Editor: illegible word] q. 63. Ar. 4. Syntag. Ic. l. 18. c. 18. c. 12. but force and Armes which first raised and established it; which is also confirmed by Judicions Tholosamis, primus vi constituit imperium, alii partim successione, alii Electione facti sunt reges: The first by force constituted a Kingdom; others were partly by succession, and partly by Election made Kings. Election then hath no priviledge in a Commonwealth, which was first constituted by force; neither in a setled Commonwealth hath it any power where succession reigneth, which is almost universal; and where it hath any vigor, it is but little and in part; for many Princes are and have been chosen by some part of the people, but by the whole or major part none at all; but most have been by the nobility, Gentlemen, and Princes of the blood, as in Poland, Denmark, Swethland, and Germany, and not by any collective or representative body of a Nation, whence this Impostor may learn, if he scorn not instruction, that all just Power of Government is not founded upon those two bases of Gods immediate appointment, or the peoples consent, as he would have it; but datur tertium, to wit Warre and Victory, which he might have learned of the ancient Father Tertullian, Imperia Edition: current; Page: [7-435a] armis quari,Apoll. Victorin propagari; that Empires are purchased by Armes, and protagated by Victories; or else of his new Master Suares, Solent interdum provincia seu populi liberi involuntarie subjici regibus per bellum; Provinces and free people are unwillingly sometimes made subject by Warre; but this hapneth to be done justly or injustly; when therefore Warre hath a just Title,Resp. ad Apollo. Jur. F. 124. the people is justly deprived of the power they had, and the Victor that prevaileth against them, hath true Right and Dominion over them: For jus est in Armie; there is Right in Armes, and it is the most potent Right, which the Roman Civilian Cicero was at the last forced to confesse,Ep. ad Atticum. Nullum Jus plus potest quam arma; ut enim quisque potentissimus est, it a justissime dicere, & facere omnia videtur; no Law hath more power then Armes, for as every one is more potent, so doth he seem to say and do all things most justly. By this it is perspicuous that there are three bases of all just power of Government, the immediate appointment of God, Warre and Victory, and the Election and consent of the people. And therefore this Impostor shall give me leave to inferre his conclusion, that whosoever doth arrogate to himself that power, or any part of it, and cannot produce any of these three Titles, is not a Ruler but a Tyrant. And now let this Impostor dare to ask his Highness, Quis te constituit Principem & Judicem super nos? who made the Prince and Judge over us? and he shall be fully answered, to wit, that he was made a Prince and Judge over us by the immediate appointment of God, by the Right of Warre, and by the consent of the people, which two Titles dimane also from the Divine providence, as shall be in the sequel showed; but first of the immediate appointment of God.

Rom. 13. 1.The power of all Kings, Princes, and Rulers, immediately proceeds from God, though not by his special revelation, which was onely incident to some of the Kings of Israel, yet by particular designation, which is common to all, and is a matter of Faith, if we will believe St. Paul, who saith, There is no power but of God; which he useth as a reason to perswade due obedience to the Prince;Ib. 2. 4. and that God is the immediate Dispensator of that power he proveth by the Authority God hath given to a Prince to revenge and execute wrath upon him that doth evil, by depriving him of life, if it be requisite as he saith, that he beareth not the Sword in vain, which is onely in the gift and power of God, who is Dominus vita & necis, the Lord of life and death; for no man hath power to take away his own life without the guilt of being a Murderer; and therefore are Princes called by the Prince of Poets [Editor: illegible Greek word], Gods Son, and Schollers; and by a more Divine Poet,Homer. Gods, Dixi quod dii estu; I have said you are Gods, because they immediately have their power from God.

Prov. 14. 21.Solomon the Wisest of Kings acknowledged this, By me Kings Raign, and Princes degree Justice: And Daniel who was wiser then all the Astrologers and Magicians, taught Nebuchadnezzar this lesson, Thou O King art King of Kings;Dan. 2. 21. for the Lord of Heaven hath given thee a Kingdom, power, strength, and glory; and that he changeth the times and seasons; he removeth Kings,Apology fetche out of Allen. and setteth up Kings, which none will deny, but he that saith in his heart there is no God, but nature; to which purpose speaks some of Edition: current; Page: [7-435b] the Papists and Jesuits, and especially Bellarmine; In regnis hominum potestas Regis est à populo, &c. In the Kingdom of men the power of the King is from the people; which power is immediately in the multitude as in the Subject; and Suares second to none in subtility, says that God is said to give this power to the Prince, because he hath immediately given it to the people, who transferres it to the Prince; and this saith he,Bellarm. de conc. l. 2. c. 19 is modus maxime connaturasu, & optimus qui intra latitudinem naturalis rationis cogitaripotest; the most connatural, and best meanes, which can be thought or sound within the Latitude and extent of natural reason.

Which to confirme, he produceth Scripture, that whereas St. Paul saith, there is no power but of God;Resp. ad Apollo. Jur. fidel. F. 127. he doth not say that every Prince is constituted of God; for his saying is not of any Prince, but of the power; and so as he said before, the power being immediately in the people from God, is immediately by them conveyed to the Prince; yet will he not allow the power to be immediately in the people; Ex peculiari institutione & donatione divina; from the peculiar institution and Divine gift; sed per naturalem consequutionem ex vi primæ creationis; but by natural consequence from the force of his first creation; in which they seem to ascribe more to natural reason and production, then to Divine patefaction. But St. Paul is his own Interpreter; for after his general Doctrine of obedience to the power, he expoundeth it in the singular, and applyeth it to the Prince in particular, as he is the Minister of God to thee; and then again, that he beareth not the Sword for nought; and least they should forget it he reiterateth it, for he is a Minister of God, &c. But it is objected that though St. Peter makes the King Supreame, yet he tells us the King is an humane Ordinance, or creature of the people, for the words are, Submit your selves to every Ordinance of man, for the Lords sake: but it is answered,1 Pet. 2. 11. Kings may be called an humane Ordinance, for being made of one of the people, and not by the people; and are humane in regard of their material cause, though not of their efficient; and if Peter had meant that Kings had been made by the people, he must also have meant that the Governors had been made by the people; for he saith, they are sent by him, not by them, for the punishment of evil Doers, so as the Governors are sent by the King, not by the people.

This needs no application, were it not for this Impostors exprobations; for who but such a blind Bayard will question who made his Highness a Prince and Judge over us, and cannot see what wondrous works the immediate hand of God hath wrought by him, who as Moses delivered this captive Nation from the bondage and Tyranny they groaned under; and though not sent by particular nomination as Moses was; yet questionlesse by the immediate designation of the Almighty above ordinary providence; for if we observe his various and marvelous progressions in his military imployments, who from a common Commander within a few Summers for his stupendious Victories was made Commander in chief; and from that dignity above his own ambition, or humane calculation, Resque side major, was advanced to the Supreame power of these three Nations; how can we but acknowledge that it is the Lords doing; and that it is marvellous Edition: current; Page: [7-436a] in our eyes, who raiseth the poor out of the dust, and lifteth up the needy out of the dunghil,Psa. 113. 7. that he may sit with Princes, even the Princes of the people?

Chyl. rud. Fo. 16.The second way by which the just power of Government is gained, is bello & Victoria; by Warre and Victory; for as Master Hobbs saith, it is a Corollarie in the natural state of man, that a sure and unresistable power conferres the Right of Dominion and ruling over those who cannot resist, of which before sufficient hath been said.

A Title also to which his Highness may justly lay claim, for after the Victorious and invincible Army under the Command of Sir Thomas Fairfax and his Highness, had layed the Royal part in the dust, and trampled it under foot, the Enemy which was vanquished in the Field, had recourse to subtile practises to corrupt the Parliament, and City of London, upon the specious pretences that there was no Enemy in the Field; and therefore no more need of any Army to continue the heavy and unnecessary charge upon the people: by such Arguments as this the faction prevailed to vote the distanding of the Army, and vast Summes of the Commonwealths Treasure were wasted in raising Forces, and entertaining of Reformadoes to beat the Army, and thereby to make way for the readmitting of the then King, to the reexercising that power which had produced such bloody and fatal effects, and that without any just satisfaction given for the same to the people, or reasonable provision for those had Faithfully engaged, in the maintenance of them;See the Declaration of the Parliament of England, dated 24. of September. 1645. insomuch that the Army presaging what dangerous and bloody consequences might ensue to the reinslaving of the people, and to make void and irrite all their former and glorious Victories; and that the Commanders and Officers of the Army might become a prey to the Royal party; and the Enemy whom they had with great difficulty, and much effusion of blood subdued; and that their own honor and safety was now in dispute; they of necessity were justly instigated by the principles of nature, and self defence, to oppose their bloody, inhumane and ungrateful designes, in attempting to supplant, and cut off those had been the Patriots and Champions of their Lives, Liberties and Fortunes, and by the power of the Sword, to force them to Victorious conditions; which having obtained by the Right of Warre, the Supreame power divolved on them, because they were in an Hostile manner unjustly invaded and inforced to defend themselves from imminent destruction. And that this was a just Warre,Cic. pro. Milone. let Cicero and Aristotle be Judges; Illud est non solum juslum sed etiam necessarium, saith Cicero, bellum cum vi vis illata desenditur; that is not onely just, but a necessary Warre, when inforcing force is defended by force:Arist. ad Alex. And Aristotle to the same effect; injuriam Passos oportet pro seipsis Arma capare; it is not onely just, but it behooveth those who suffer injury, to take up Armes for themselves, or to defend their Kinsmen, Benefactors, or Associates affected with injuries, as the Commanders and Officers of the Army did; neither is the objection of any force that in Civil Warre, where the people is divided into two parts, that part which conquereth the other, cannot challenge conquest over it by Right of Warre, because it is one Nation, and a Nation cannot conquer it self; to which Edition: current; Page: [7-436b] Grotius gives this satisfactory Answer,Grotius. 16. l. 2. c. 18. that in such a divided State Gens una pro tempore, quasi due Gentes babentur; One Nation during the time of those civil divisions, is accounted and esteemed as two; And therefore one part may claim Title of Conquest over the other: as one Nation may do over another. So Henry the Fourth, with one party of this Nation,Heywards Hen. 4. conquered Richard the Second and his party: after which conquest he was made King of England, and did not claim that by the Title of Inheritance; for as Mortimer said, he was Hæres Malus: but first by conquest, and then by consent of the people; which commonly follows the conquest, as Præmium Factorum, a Reward of his Valour, which all men naturally applaud and honor. And so Henry the Seventh, with one of the party of this Nation conquered Richard the Third and his party; neither did he lay claim to the Kingdome by proximity of blood, for there were others nearer then himself; but the first Title he had was in Bosworth field,Bacon, and Bakert Hen. 7. when after the conquest of Richard the Third, he was by publick acclamations saluted King of England. And such Conquerors for right of War may as Alexander saith in Curtius, Leges Victis dare, Give Laws and Conditions to the subdued party; and as Ariovistus said to Cæsar, Imperare in quemadmodum vellent,Cæsar de Bello Gallico. To rule over them as they please. And so did the Commanders and Officers of the Army: (of whom his Highness was the Head-piece,) by right of War rule and order the conquered party as they pleased; and caused the City to deliver up all their Forts together with the Tower of London, and all the Magazines and Arms therein. To disband all their Forces, and turn all the Reformados out of the Line, to withdraw all their Guards from the Houses; and to receive such Guards within the Line, as the Army should appoint to guard the Houses; to demolish their Works; and to suffer the whole Army to march in Triumph through the City, as Conquerors; and by the same Right did they purge the Parliament of its infected and corrupted Members, which power from that time they constantly retained, and upon occasions continually exercised; and were as Curators to the Parliament and Commonwealth, to remedy the distempers, and rectifie the disorders which the ambition of some, and lucre of others introduced; And in fine, for important Reasons above specified, dissolved that long Parliament; and that poor men under their arbitrary power were driven like flocks of Sheep,Hen. 4. See his Highness Speech, 12 Dec. 1653. by forty in a morning, to the Confiscating of their Goods and Estates; without any man to give a reason, that any of them had forfeited Forty Shillings; and that no door was open to their grievances.

By whose power afterwards a new Assembly & Parliament was constituted; & because it seemed not to be for the good of the Commonwealth, the Maior part of them thought it requisite to resigne, and deliver up the said power unto the Lord General Cromwell, which they received from him. So as thereby all Power of Government divolved on the Lord General Cromwell as Head of the Army, and by right of War descended to him as General: The Supream Power being then vacant to whom all the acts and honor of the Army is to be ascribed: Because as Iphicrates, the General is the head, without which the body cannot act; and as Curtius, militarem Edition: current; Page: [7-437a] sine duce turbam esse corput sine spiritu, A Military Company without a General is as a body without a spirit, and cannot be rancked and retained in its right postures without it; for as the Comœdian,

Plaut. Amph.Ubi summus Imperator non adest ad exercitum,

Citius quod non facto est usus fit, quam quod

Facto est opus.

And to speak truth without dawbing, he was the Life, spirit and head of the Army; And in all his Battails led them on encountring the Enemy in the front.

Hestibus haud tergo, sed forti pectore notus.

And as Fortunate as valiant, who by the amplitude of his Victories overcame the envy of his Enemies, for which as Romulus by the right of War, upon the request and approbation of the Army, he took upon him the supream dignity.

Juvenal.Ipstus certe Ducis hocque referre videtur,

Ut qui fortis crit, sit felicissimus idem.

This certes reflecteth on a Generals aim,

That he who valerous is, thrice happy raign.

Arist. lib. 3.And as Aristotle saith δίκατον, it is just that such a Valourous Prince be Lord of all, and King alone.

Polit. cap. 22.And this right and title also floweth from the Ocean of the Divine power; for the Lord is a man of War, and he in War overcometh ever; it was he that girded his loins with strength, and made his way perfect; he taught his hands to war, and his fingers to fight; his gentleness hath made him great, he hath given him the necks of his Enemies that he might destroy him that hates him; he hath delivered him from the strivings of the Enemy, and made him the head of his brethren. And as his Motto and Word in batrail was The LORD of Hosts: So hath his Highness perpetually and piously ascribed and consecrated all his victories to the LORD of hosts.

The third basis upon which the just power of Government is founded, is the election or consent of the people; and to this title also may his Highness justly lay claim, who to bar up the way against those manifold inconveniences, which have been felt under many other fleeting forms of Government, & to reduce us as neer as may be to our antient way of Government, by supream Magistrates & Parliaments, did at the request & intreaty of divers persons of honor & quality, & of many of the chief Officers of the Army for the good of the Commonwealth, under the name & title of the Lord Protector, take upon him the supream Government, and was by the consent and in the presence of the Commissioners of the great Seal, the Judges, the Lord Mayor and Aldermen for the City of London, the Souldiers, divers Gentlemen Citizens, and many other people and persons of quality, comfirmed in the same, with whom being accompanied to Westminster-Hall, he did promise in the presence of God, to the best of his understanding, to govern these Nations according to their Laws, Statutes, and Customes; seeking their peace, and causing Justice and Law to be equally administred; Edition: current; Page: [7-437b] whereupon the Commissioners and Judges received their commissions from him, by vertue of which they have ever since acted; and as all the Justices of Peace did also act by his Commissions, so did all the Sheriffs according to his Commands and Precepts; and all which came in by process, issued out by the Sheriffs, consented to it, and all the Justice in this Nation hath been administred by this authority; besides, his Highness had the approbation of the Army in England, Scotland and Ireland by Remonstrances, and under signature; the Souldiers at that time being a very considerable part of the three Nations; besides he had the Congratulation of the great City of London by way of invitements which was very great, high and publike; and by a numerous body of those who are known by the names of several Corporations and Societies in that City; as also the greatest County in England, the County of York, with many other Cities and Burroughs, and many other Counties assembled in the publique and general Allizes, gave him thanks for the undertaking of that Burden.

These and many more were the presentary and explicite Testimonies of the peoples general approbations, & congratulations, manifested to his Highness upon his gratious acceptance of this Government. And which of late hath been more amply & indiciously remonstrated, & declared in Parliament by the Knights, Citizens, & Burgesses, & confirmed, ratified, and established by an Act, that upon publication of the premisses, all and every person and persons of what quality soever are strictly charged, and commanded to take notice of the same, and to conform and submit themselves to the Government established; which Proclamation, being published at the magnificent and glorious inauguration of his Highness in Westminster-Hall, with great solemnity in the presence of the Lord Embassador extraordinary of France, and the States General of the United Provinces, and divers other noble and honorable personages, the people made great several acclamations with loude shouts: God save the Lord Protector; and the like congratulations and acclamations, with the expressions of their affections wishing to his Highness long life, were made by the people and the City of London, and so did all the Cities of England, Scotland and Ireland, upon the solemn Publication of the said Proclamation. With what brazen brow can the Impostor now deny but any that his Highness may also lay claim to this Title? if this be not a visible, publike, and general approbation, and consent of the people, then was never publisht any in Poland, Scotland, Denmark, or any other Dominion or Territory of the Universe; and if there be any restractory, or repugnant to the same, they are such as this Impostor and his Accomplices, malignant men of Belial.

And this also is the Lords doings, who prepared the hearts of the people, and touched them to appear and follow their Prince and Protector, as he did the Band of men that went with Saul, after the Lord had chosen him: so as his Highness Councel, or Parliament as he vainly vaunts, nor any one else shall not be much troubled to answer his Interrogations and Questions, which appear so frivolous and nugatory.

But here this Impostors malice ceaseth not; for though he confidently Edition: current; Page: [7-438a] concludeth his Highness to be a Tyrant in titule, as he falsely supposeth; yet will be have him also a Tyrant in exercitio, and as compleat a Tyrant as ever had been since the first Societies of men; for so he braveth it but as he faileth in the first, so doth he falter in the latter; and doth but labour and blot paper in vain, though he daubt it on with artificial cunning to make the delusion the stronger; for thus he cunningly argues: Is it not Tyranny to change the Government without the peoples consent, to dissolve their representative by force; and to disannul their Acts, to give the names of the peoples Representative to confederates of his own; to establish iniquity by Law; to take away mens Lives out of all course of Law, by certain Murderers of his own, whom he names an High Court of Justice; to decimate mens Estates; and by his own power to impose upon the people what taxes he pleaseth; and to maintain all this by force of Arms? Which criminations, as they are by him expressed, are malicious and contumlious; for he did not dissolve their Representatives by force, or disannul their Acts, but upon necessary grounds, and urgent occasions; neither did he give the name of the peoples Representative to confederates of his own, to establish iniquity by a Law; but he purged the Parliament of its unsound and putrified members, and setled in it sincere and sound persons who might act nothing but what was agreeable to Law, and equity, as is in the premisses expresly proved; neither did he take away Mens Lives by certain Murderers of his own, but did make Commissioners, & erect an High Court of Justice, to take away the Lives of such Rebellious & murdering persons as this Impostor & his Accomplices are, who would have taken away the life of their Prince and Protector, which he justly might do; neither did he decimate Mens Estates, and impose upon the people what taxes he pleased by his own power: but he by the power was given him by the Army, with the consent of many honorable people as well as others, at his installation at Westminster-Hall, and in other places, by whom he was created Lord Protector; did by advice of his Councel for the maintenance of the Army and Navy, and defraying of other necessary charges which concerned the honor and safety of the Commonwealth decimate mens Estates; & impose upon the people necessary taxes. All which as he truly saith, he maintained by force of Arms out of all course of Law, as by right of War and his second Title he might, as hath been fully debated, and decided. Besides, though upon acceptance of this Government,Ploy. f. 19. with the consent and approbation of the people, his Highness hath promised to govern these Nations, according to the Laws, Statutes and Customes;Tholosan. Syn. l. c. 18. and 28. yet is it a Rule in the Divine, Civil, Canon, and the Common Laws, that necessity hath no Law, and that Necessitas facit licitum quod alioquin fuerit illicitum; and that necessity maketh that lawful, which otherwise should not be lawful; and Princes strained with imminent and urgent necessity for the dignity and safety of the Commonwealth, no established Law providing for a present remedy, may justly do those Acts which otherwise by the course of Law were unlawful, as to decimate Mens Estates, and by his power with the advice of his Councel to impose such Taxes as are convenient and necessary.

Davis Rep. fol. 12.And as the learned Legist. Sir John Davis saith, The King by his Prerogative Edition: current; Page: [7-438b] Royal to support the necessary charges of the Crown, may decree Imposts and Impositions payable upon Marchandizes; and so have Princes heretofore by their Prerogatives to encounter suddain dangers and mischiefs, which would not endure so much delay as the assembling of the great Councel of the Commonwealth, used their Edicts and Proclamations, which Mr. Pym a grave and prudent Senator of this State stileth the most eminent power of a Prince, and the most glorious beams of Majesty,Mr. Pym his Speech in Parl. 1642. fo. 31. in commanding Obedience and Subjection, which he calleth Leges Temporum; and onely disallowes them for the abuses in being exercised for the maintaining & enjoying of sundry monopolies, and other graunts, exceeding burthensome and prejudicial to the people. And therefore, how can this Impostor answer his Highness Question in this point, Whether the people should prefer the having of their wills, though it be their destruction, rather then to comply with things of necessity? which as he truly Divines, he should wrong his Native Countrey to suppose:See his Highness Speech 22 Jan. 1654. See his Highness Speech the 12 of Sept. 1654. unless he will suppose the necessity to be faigned, & imaginary, which his Highness acknowledgeth to be the greatest cousenage, that men can put upon the Providence of God, and which his Princely and Paternal care abhorreth. Besides, his Highness acted nothing in this Kind, but by the advice of his Councel, who are the Trustees of the Commonwealth in all Intervals of Parliament, and hath an absolute negative upon the Supream Power in the said Intervals, as the Parliament hath in the sitting; so as it is not his own, but a mixt Act by the advice of his Councel, who in all probability would not advise him to any thing but what is necessary and expedient; and if they should, the offence would lie at their door. And thus are the preterit Ordinances of his Highness fully cleared from the unjust aspersion of this Impostor in giving him the title of the Violation of Laws, and Exercise of Tyranny and Robberies. And for the future to prevent all ensing mistakes and suspitions of the necessity of imposing Taxes on the people,See the humble Pet. and advice of the Parl. &c. the 17 of Sept. 1646. upon provision made for the support of the Government and Safety of these Nations; It is declared and enacted, that no charge be layed, nor no person be compelled to contribute to any gift or loan, benevolence, tax, tallage, ayde, or other like charge, without common consent by Act of Parliament.

But to proceed in the canvasing of this Impostors Calumniations; and whereas he saith, That notwithstanding his Highness hath done all these things, yet for his preservation the people must pray,Mat. 5. 45. as if it were impiety in the people to pray for him. Our Saviour Christ was of another mind, whose Councel is, to pray for them who despitefully use or persecute you; And so was his selected Apostles, who exhorteth that first of all prayers, supplications, intercessions and giving of thanks be made for all men, for the King, and those that be in Authority. And who had rule over them at that time, but Nero? a reputed Tyrant;1 Tim. 2.1. and for persecuting Christians supposed to be Antichrist; wherein by the fruits we may perceive of what spirit this Impostor is; for he hath not the fruits of the Spirit of our Saviour Christ, the Prince of Peace; to wit Love, Joy,Swarez respons. ad Apolog. [Editor: illegible word] Jur. fidel. Peace, &c. but he hath the fruits of the spirit of his father the Devil, to wit, envy, cursing, lying, and all manner of Edition: current; Page: [7-439a] reviling; So if his father, the Prince of darkness should be deposed, by right of inheritance, the succession may properly descend to him as the Devil Incarnate; who is the worser, and most dangerous Devil.

And now in every respect are the reasons of this Impostor, by which he fortifieth his first Question, utterly quashed, notwithstanding his vain-glorious triumphing before Victory, that it is a Question no longer.

But before he comes to the Second Question, seeing things are more easily perceived by the Description of Exteriour Accidents and Qualities, he thought it not amiss to see whether his Highness hath the outward marks and characters by which a Tyrant is known, aswel as he hath their nature and essential properties, which, as he saith do so naturally correspond to his Highness that it cannot be doubted, whether his Highness be the Original or the Coppy, or whether he hath in drawing the Tyrant represented him, or in representing him expressed a Tyrant. But here also will his fair and glorious pretences prove but shadows and sick mens dreams; for as it hath been exactly proved, that the nature, and essential properties of a Tyrant are not to be found in his Highness, no more cannot the exterior accidents and qualities be inherent in him; for if the nature and essential properties be not in him, the external accidents and qualities also cannot; for as Aristotle,Arist. Categ. c. 2 Accidens non potest esse sine eo in que est; and therefore cannot the Characters be aptly and properly applied to his Highness, though they be not of his own stamping, as he saith: but such as be found in Plato, Aristotle, Tacitus, and his Highness own Evangelist Machiavel; who indeed is his onely Evangelist: for he seemeth better versed in him then in the Gospel; having cited more Texts and Passages out of him, then out of that, whereas his Highness in his Writings never mentioneth him, nor ever had him in his mouth; as this Impostor every where hath who supposeth his Paradoxes authentique, whereas neither his Highness, nor any Pious Prince will adhere to his authority, and therefore in vain cited by him.

Howsoever, if we examine his Characters, Marks, and Scutchion of a Tyrant, which he would fasten on his Highness sleeve, we shall find them sleeveless, and altogether impertinent.

The first Character is, That all Tyrants have been first Captains and Generals of the people, for which he quoteth Aristotle; but his words are, all Tyrants have been made [Editor: illegible Greek letter];ϰ δαμωγαγᾶν, of Leaders of the people, and so have all Kings & Princes; for without a party of the people, how can an Army be raised?Arist. Pol. d. 5. c. 10. and without Armies how can there be Leaders? So Arbactes, and Cyrus Leaders of the People were made Kings, the one of Assyria, and the other of Medea data libertate, for giving and gainings the Peoples Liberty.

See the humble advice of Parl. 1656.And so was his Highness also made Protector of these Nations, for delivering us from Bondage and Tyranny, and restoring us to Peace and Tranquillity, as is declared by our Representative in the last Act. But to construe it according to his own mind and meaning, which is incongruously pacht out of Aristotle and Tacitus, That his Highness being made a Leader for the people, under pretences of vindicating and defending their Edition: current; Page: [7-439b] Liberties did subvert the present Governement, which being done, he invaded that Liberty himself. And so indeed his Highness was made a Leader for the people, and did vindicate and defend their Liberties; and vanquished their Tyrannical Enemy: but when some of the Corrupters of the people (contrary to the Law of Nature and Reason) in an hostile manner would have compelled their Leaders by force of Arms to have subjected themselves to the power of the Tyrant, whom they before had conquered, then according the Law of Nature were they inforced to repel such ingrateful and destructive inuries & aperto Marte, to force them to submission and subjection, whence by the Law of War their Command, Rule and Government was transferred on them which they afterwards always exercised over them, as hath been before argued and determined; yet did not their Leaders leave them, but persevered to maintain and defend their Liberties against the said Tyrants abetters, and never ceased till they had wholly and perfectly routed and subdued them, for which not onely by the Law of War, but by the Consent of People, and Act of Parliament, the Supream Power was placed and setled on his Highness, by whom we enjoy our Liberty more fully then before we did in our new modelled Democracy;Arist. Pol. l. 5. c. 10. for as Aristotles Tyranny is a confused and mixt of Timocracy and Democracy, of the principalities of a few, and the power of the people, and hath the vices of them both; for the vicious end of the one, as his accurate Expositor Camerarim observeth, is to be an Enemy to the noble and rich men, and them either to destroy or exile, of which we have had sensible experience, and the vicious end of the other is through diffidence to afflict the people, to banish some, and dissipate others into several places, which also hath been formerly practised among us: but by Monarchs and the Government of one these Vices are rejected, and remedied. For as Aristotle saith, by it the nobles and rich are defended from the injury of the multitude, and the people are protected from the oppressions of the Nobles and Rich: So as there is no greater Liberty then in Monarchy, by which the Tyrannical vices are expunged and expelled; and the Nobless are according to their virtues worthily preferred and defended, and the People according to their deferts advanced. And this is his Highness cases far different from that of Panztius, Pysistratus and Dionysius, whom Aristotle produceth as examples of Tyranny. And now I am of the Impostors mind, this needs no further application.

The second Character is, That Tyrants accomplish their ends much more by fraud then force: neither virtue nor force are so necessary to that purpose, as Una astutia fortunata, A lucky craft which without force hath been found sufficient, but never force without that: wherein he mistaketh his Apostle Machiavel, as if in that place he should denote a crafty Tyrant; whereas he intimateth a prudent Prince, as if his Prince were all one with a Tyrant. For though all his Precepts collectively taken are not authentick, or allowable, yet some parts of his policy are necessary and useful, for the gaining and preserving a Princes State; as Guards, Garrisons, Fortresses, Vigilancy of Councellors, diligence of Spyes, and Intelligencers;De Arcanis Imperii, f. 207. for which reason acute Clapmare in dispraising commendeth him pro politico magni acuminis Edition: current; Page: [7-440a] sed minus sana & pia mentis, for a Politian of great wit, though not of a sound and pious mind; and if we read him with a Chymical Judgement, and refine him by Religious Policy, we shal find many conditions in him worthy our observation and practice, whereof this is one, that Virtue and Fortune availe not so much in obtaining a principality as a lucky craft; for as the Civilians distinguish, there is dolus bonus, a good craft; if it be as Plautas saith, sine omni malitia, without any malice; and is called soleltra, a cunning craft; which is not disallowable, but laudable, especially in a General or Prince, as it was in Hanibal; in which the nature of the Lion and Fox did concurre;Just. l. 1. and in Darius Hidaspes, who by the cunning craft to make his Horse neigh, gained the Kingdom of Persia; and in Servius Tullus, the Son of a Captive, who being substituted in the place of a King, by Tanaquil his Queen,For l. 1. c. 6. Regnum dolo partam sic egit industria ut Jure adeptus videatur, did so Rule the Kingdom gotten by craft, that he seemed to have gained it by Right, and obtained that by craft they could not have gotten by force; for as Tacitus,Tacit. Ann. 2. plura consilio quam vi geruntur; and as Machiavel, fraude without force hath been sufficient, but never force without that; and though he saith that it is praise-worthy in a Prince to deal plainly, truely, and really;Mach discours. l. 2. yet is there Serpentine prudence to be used in his Dovelike plainnesse, and ought to be participate of the fraude of the Fox as well as the force of the Lion; and as this impostor Phraseth it, to have the Tail of the Fox as well as the Skin of the Lion; thereby as he saith, aggregare I cerveli de gli huomini con astutia, to wind himself into the braines of men with craft, and by plausible pretences to feel the pulse of their affections,Mach. Princ. 18. or to discover their sinister intentions, that in the end he may Master those had so little wit as not to rely on his Faith and integrity; of whom I believe this Impostor to be one by his little wit in that point; neither is such dissimulation unlawful, as a Pious Politician averreth, but Lawful and commendable, yea, and sometimes necessary;Artyl. Religious Policy. c. 31 especially in Princes, who ought to cover their intentions with more care and circumspection then other men, so as it may well and truely be said, qui nescit dissimulare, nescit regnare; he that knoweth not how to dissemble, that is to say, discreetly to Cloak and cover his Intentions, when occasion requireth, knoweth not how to Raign; so Pious Æneas concealed and dissembled his departure from Dido, for which she Taxed him in the same Termes,

Virg. Æni. 4.Dissimulare etiam sperasti perfide tantum

Posse nefat, tacitusque mea discedere terra:

But wherefore doth this Impostor flowre his Highness for his fluency in teares? Elisha wept for the evils would fall on the Israelites; and our Saviour bitterly, to foresee the destruction of Hierusalem; and why should not his Highness weep to see the evils did afflicts his Countrey? who by his prayers and teares did prevail more with God, and worke more in the hearts of the people of great prudence & piety, though this Impostor shamefully defileth his own nest, (in stiling them a people of great Faith, and little wit) more then his courage and the rest of his moral virtues with the help of his Commilitons, which he scoffingly calls his Janisaries; leaving the eloquence in execratious and contumelious opprobries to himself, who wil never leave them till the halter hath him.

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The third Character is that they abuse all excellent persons, and ridde out of the way all those have noble mindes; & terra Filios extollunt, advance Sons of the Earth, which be thus applies, that his Highness purged both Parliament and Army, till he left few or none there that had either honor or conscience, either wit, interest or courage to oppose his designes, which before hath been effectually answered, to which he referreth the Reader; neither were there any excellent persons abused, or rid out of the way; but such as this Impostor is, who were disturbers of the quiet and peace of the Common-wealth, as they justly deserved; neither were there any advanced but for their Valour and Virtue, which is Vera nobilitae; for we are all terræ Filii, and it is not birth, but worth puts the difference between us.

The fourth Character is, they dare not suffer assemblies, not so much as Horseraces; but to use Aristotles words, they strictly forbid Feasts and Companies, and take away Schooles of Learning; all which his Highness approves, and hath honoured the Schooles of Learning as their Head and Chancelour; but Horse races were prohibited three years ago, when mischievous plots were formed and acting in the State, and that but for a time to prevent new troubles might be raised in such a great concourse of people by ill disposed persons.

Apol. Pol. l. 5. c. 11.The fifth Character is, that in all places they have their spies and dilators, which though he borroweth of Aristotle, yet may we without reprehension decede from our Master in this, because experience, which was his Master, and that practice of Princes teacheth us, that Spies and Intelligences are necessary Members of a State; and as Bodin, Necessariæ sunt quidem magnic principibus largitiones ad bostium consilia, copias & opes evertendas,Bodin. de repub. l. 6. c. 11. nec porest ullum magnum Imperium speculatoribus carere; Stipends are necessary to a great Princes, neither can any great Empire want Intelligencers to frustrate and overthrow the Counsels, Forces, and Estates of the Enemies: But how impertinently and impudently doth he apply this? besides many innumerable spies, saith he, they have their Fleetwoods, Braghals, and St. Johns to seem discontented, and not to side with them, that under that design they may yet trust, and make discoveries. The poison of Aspes is under his lips, and his venemous tongue spares none comes within his reach.Horat.

Quælibet in quem opprobria figere [Editor: illegible word]

But how should this Impostor know these things, unlesse he hath more Spies then his Highness, which surely he hath, such as frequent Tavernes, Alehouses, and Barbers Shops, who stamp news by the Print of their own phansies, and will seem to know those things which never were done,Plaut. truo. or never will be, of whom the Comedian wittily,

Qui res alienos curant opere maximo,

Qui omnia simulant scire, nec quicquid sciunt,

Quæ neqne futura, neque sunt facta sciunt.

Who into others Acts do dive with curious eyes,

And all things do pretend to see, yet nothing Spies,

And seem to know what never was, or will be done.

But why should these honourable persons weigh his Fables, which are above Poetical fiction, and which none will believe but Fools and Mad men, Edition: current; Page: [7-441a] his onely Parasites and Pattons? his Highness also, saith he, hath his Emissaries to send with forged Letters; if any one doubt this, let him send to Major General Brown, who will satisfy him; and what saith Master Brown?Plutarch. vita Eumenis. he cannot iustify any Letters to be forged; onely he suspecteth that one who brought him Letters from Charles Steward, received not condign punnishment: But though his Highness is clear of this calumnie; yet hath that been judged arcanum imperii, a secret of Government in Princes and Generals, to forge Letters, thereby to fish out the affections of those they doubted to be disaffected, or for other Politick ends, as Eumenes and Sertorim did,A Gell. l. 15. c. 22. which in such cases is not unlawful, according to the practice of the Emperor Frederick the first, and Lewis the eleventh King of France, whose proverb was, qui nescit dissimulare, nescit imperare; and which lesson the said Lewis would onely have his Son to learn, as before hath been intimated.

The sixt Article is, They stir not without their Guarde, nor his Highness without his Life-Guarde, as if it were Tyranny in a King or Prince to have a Guarde; which is not onely useful, but necessary to defend himself from the ambitious and seditious; without which no Majesty is safe, or secure; for as Pontanius, amor incedit inermis,Arist. l. 3. Pol. c. 11. Armatus dormit; love walkes unarmed, but the Armed man may sleep: and truely Aristotle being a witnesse, the use of such Guardes is necessary as well in a quiet and peaceable Commonwealth as in a turbulent and seditious; for how, saith he, can a King exercise his power, unlesse he hath about him Force and Armed men, to resist those oppose it? But he saith, his Highness hath a Life-guarde, and so had Romulus three hundred Horse-men, tam pace quam bello; as well in peace as Warre for his Royal body. And for the same cause Antoninus had German Horse-men; but this Impostor would fain have him to discard his Life-guarde, that his Bravos may the sooner slay him.

Liv.The seventh Character is, They impoverish the people that they may want the power, if they had the will to attempt any thing against him. His Highness way, saith he, is by Taxes, Excise and Decimations.

But let us remember what the Impostor said to his Reader, that he should not want Proofs, if he wants not memory, whereas herein his own memory faileth him; for he might have called to memory that the like Taxes, Excise, and Decimations were imposed by the Parliament; for which in all his passages he pleadeth whilest that possessed the sole Government; & ubi est tadem ratio, ibi est eadem lex; and where there is the same reason, there is the same Law; and if such Taxes were Lawful then, and did not impoverish the people, how can they for that reason be unlawful now?Arist. Pol. l. 3. c. 11. But if his Highness should have imposed such intolerable Taxes on the people, as Dionysius did on the Syracusans, having by them within five years space exhausted the wealth of Syracuse, for which Aristotle in the same place, from which he extracteth this Character, branded him with Tyranny; or if he should have laid such Imposts on them, as the Duke of Alva did on the Netherlanders; who, as Bodin saith, exacted the tenth part of their Vendible goods; by which device within a short time he almost swallowed up all the Merchants Estates (they using to tell the Edition: current; Page: [7-441b] same ten times over) then might he have had just cause to charge his Highness with the impoverishment of the people; but since he hath alwayes imposed moderate and necessary Taxes, according to the publicke occurrences and occasions, and now onely such as are ratified and established by the last Parliament, this Impostor may put up his Pipes, and set down by weeping Crosse.

The eighth Character is, that they make Warre to divert and buisy the people; and besides to have a pretence to raise money, and to make new Levies if they mistrust their own Forces, or think them not sufficient:Arist. Pol. 5. c. 11. But the words of Aristotle are, they make Warre least the people should be idle, and that they may have need of a General; and varyeth nor a little from his alledged Authority, to intrude his own Inventions; but herein also must we shake hands with our Master, being taught by experience, that as Bodin, nihil est utilius quam externis bellis implicart;Bodin. de repub. l. 4. c. 1. there is nothing more profitable then to make Warre with Forrainers.

And first to invert Aristotles reason, that idleness in people may be taken away; for idleness is the Mother of all vices, and begetteth vicious persons in a Commonwealth, which unless they be expunged, the body will be vitiated and corrupted. Therefore it is necessary to make Warre; whereby such nefarious and facinerous persons may be exonerated,Tholosan. Synt. l. 41. & 22. and those which remain imbettered; and more glorious for them Valiantly to hazzard their Lives for the honor of their Countrey abroad, then ignominously to endanger themselves by loose living at home. An other reason is drawn from Annibal, that ancient circumspect and couragious Captain, that Warre is to be made with Forrainers, to prevent intestine seditions, which was his State Aphorisme;Livii. Nulla magna civitos diu consistere potest; si foris hostem non habet domi invenit: No great City can long continue; if it have not an Enemy abroad, it will find one at home, as prevalid bodies are secure from external hurts, yet are they burdued and laden with their own strength, which was the principal cause that Scipio Africanus the younger would not destroy Carthage,Bodin. de rev. l. 4. c. 10. least if there were no Warre against the Enemy, it would begin at home; and therefore to avoid some Warre at home, or some eminent and supposed Warre abroad, a Prince may well support a just quarrel in any such Countrey by way of prevention; so as it is no Tyranny, but preventing Policy, to make Warre with an ambitious Enemy; Non cuivis homini contingit; and this Impostor is uncapable of this imperial mystery.

But mark his malitious inference, The Warre with Spain serves his Highness to this purpose, and upon no other Justice was it begun at first, or is still continued; what Pander can be more impudent, as it may be he is to the Whore of Babylon, who savors much of her Conclave, to deny the justness of the undertaking that Warre, which is so plainly and evidently demonstrated in the Declaration of his Highness, in the year 1655. that the prudent and Protestant Princes of Christendom embrace and believe it; and so do all others who are not simply ignorant, or wilfully blinded: but let us hear the Advice of Master Pymm, that provident Member of this State to the late King Charles in Parliament, and the reasons by which he would have moved Edition: current; Page: [7-442a] him to the same Warre: The Spanish Colonies, saith he, in the Indies were weak, distracted, and discontented; and that there were sixty thousand Persons of this Nation in those parts, whose bodies were seasoned to that Climate, which at a very small charge might be set down in some advantagious part of those pleasant Rich and Fruitful Countreys, and easily make him Master of all that Treasury,Master Pymms Speech 1642. which not onely foments the Warre, but is the support of Popery in all parts of Christendom: what will this Impostor now say? He cannot say it was his Highness Plot, but Mastes Pymms, against whom, if he open his Jawes, they will instantly be Metamorphosed into the Jawe bones of an Asse, by Vote of Parliament; and whereas he makes this Warre his Highness pretence to raise monies to replenish his vacant cohorts: What did Queen Elizabeth the Semiramis and Sheba of this Nation? She was the Spaniards Potent Antagonist, and never encountred him but she Conquered him; for which she received this boon and benevolence for her Victorious attempts against him; as Master Pymm affirmeth, that the greatest part of that charge was made upon the Subjects Purses,Vid. Pym. ibid. and not upon the Queens; though the honor and profit of the same did most accrue to her; this certainly will close this Impostors lips from bawling against the Taxes, and that Sacred and hopeful Warre.

The ninth Character is, They will seem to favour and provide for good men: But herein this Impostor mistakes Aristotle; for he doth not propound this as a Character of a Tyrant, but of a King, to wit, to favour and preferre good men; and sheweth that by this meanes a Tyrant may lengthen his power, if he square his Rule by the patterne and similitude of the Royal power.Arist. Pol. 5. c. 11. And makes as absurd an Application: That is, saith he, If the Ministers will be Orthodox and flatter; if they will wrest and torture the Scriptures, to prove the Government Lawful, he then likewise will be content to understand Scripture in their favour, and furnish them with Tithes: For his Highness before the acceptance of this Princely dignity, when the fifth Monarchy men in Parliament would have deprived the Clergy of their benefices and Tithes, his Highness preserved and confirmed them, according to the Laws of the Land; neither need the Ministers wrest and torture the Scriptures to prove his Government; for they are generally plain in that point, as before hath been demonstrated.

The tenth Character is, That things which are odious and distastful, they make others Executioners of, and when the people are discontented, they appease them with Sacrificing those Ministers they employ, and do grateful things themselves; and simply inferreth that he will leave it to his Highness Major Generals to ruminate a little on that point; for Princes make others Surrogates, and Executioners of their Judicial Acts; because as Jethro said to Moses, they are too heavy for them, and not able to performe them themselves alone; not that they be distastful, but expedient it so should be; yet whatsoever they do, or Act, is in the Princes name, and by their Authority; and in this respect is his own Acts:Exod. 18. So did his Highness by the advice of his Councel imploy the Major Generals upon urgent and necessary occasions, to prevent seditions, preserve Peace in the Commonwealth, which are particularly expressed in his Highness Declaration, Dated October 1655. which in that regard was his Edition: current; Page: [7-442b] Highness own Act; and though it did prove distastful to the people, yet was it not therefore unjust and inconvenient; for Moses a most just Prince did enjoin, and prohibit almost all things contrary to the mind, and will of the people; neither were the Major Generals that Action Sacrificed to the censure of the Parliament, nor thereby incurred any penalty, though the Parliament was not pleased for some weighty reasons, to confirme their Authority in the same mode they desired, yet stand they in the some favour with his Highness, and without any disparagement in the Parliament; and whereas the deaf Adder saith,See the Humble Advice, &c. holden at Parliament. 1656. he never heard of any good his Highness hath done himself, it seemeth he never frequenteth our Churches; who upon Thanks-giving days from the Pulpit might have heard Commemorations of his marvellous Victories; and every day might have heard from the Parliament the thankfulnesse they have acknowledged to God, for preserving his Highness in many Battailes, and to make him an Instrument for restoring and preserving our peace; and if he had not lost all his Sences, he could not but see, hear, taste, smell, and feel, the many gracious blessings which God hath conferred on us since his Highness acceptance of the Empire: For what greater blessings can accrue to a Commonwealth then peace and plenty? which through Gods blessings we enjoy quietly and abundantly: that we may say with the Poet,Hor. l. 2. Ser. 2.

———— Non est quod copia Major

A Jove donari possit.

Strabo. l. 17.Or as it is said of Augustus, Nunquam pace facultas tantaq; omnium bonorum copia affiuxit, quantum suppeditavit, &c. Never so much Liberty of peace and plenty of all good things did abound, as he hath sufficiently Ministred since he took upon him the Reines of the Empire, insomuch as if we compare the store and cheapnesse of our present Commodities, with the Scarcenesse and dearnesse of the preterit times, we shall conceive them to overpoise ours to the value of our Taxes. And as he hath lost all his Senses, if he had lost his Tongue too, he had been rid of his worst member.

The tenth Character is, In all things they pretend to be wonderful careful of the publick, to give general accompts of the monies they receive, which they pretend to be levyed for the maintenance of the State, and the prosecuting of the Warre.

But in this also he misconstrnes Aristotle, who doth not deliver this as a Symptome of a Tyrant; but insinuateth that by practising those Precepts are proper to a Prince, his power may endure the longer; and for that he saith, his Highness made an excellent Commentary on the same in his Speech to this Parliament, which if he did, his Highness therein did performe the part of a debonaire Prince, to give an account to the representative of the people of his charges,Arist. l. 5. c. 11. & disbursements for the Commonwealth.

The twelfth Character is, All things set aside for Religious uses they set to sale, that whilest these things last, they may expect the lesse of the people; the Cavalier saith, he would interpret this of the Deanes and Chapters Lands, as if he were not a Cavalier; and if he be not, he is worse; for many Cavalliers have submitted to Gods providence, and this civil Government: but this is nihil ad rhombum; for his Highness since his power hath maintained Edition: current; Page: [7-443a] the Estate of the Church, and advanced Learning; though it may be not in that Superstitious kind, this Impostor would have him.

The thirtenth Character is, They pretend inspirations from God, and responses from Oracles to Authorize what they do; but how doth he apply this? His Highness, saith he, hath ever been an Enthusiast, as if it were Enthusiasme for him to believe and avouch his power to be of God, and of Christ himself; upon whose Shoulders the Government is layed, and not to attribute the contrivance and Production of this mighty Work to himself, or any other person; and not to judge of Gods Revolutions as the products of mens Inventions; and if this be Enthusiasm, then all our precedent Kings and Princes have been Enthusiast’s; who by their Title Dei gratia professe to have received and held their Scepter of none but God; and that their power dimaned immediately from him as the first cause, and mediately by second causes from him also, as before hath been asserted: or that it were Enthusiasm to pray and beleeve, and to receive returns from God, or to be spoken unto by the Spirit of God, who though he speaks with the written word sometimes, yet according to that of Job, God speaketh once, yea twice; for though God doth not speak to men in these dayes by Revelations, or by the voice of a Prophet, yet speaketh he by the secret operation of the Spirit, though it doth not visibly appear to us; as it is said in the same place of Job, God speaketh once yea twice, yet man perceiveth it not;Job 33. 14. and that by prayer we may obtain the returns, and comfort of the Spirit, is clear by the simile of our Saviour. If ye then, saith he, being evil,Luke 11. 13. know how to give good gifts to your Children, how much more shall your Heavenly Father give the Holy Spirit to them that ask him? whosoever therefore doth exclude the Spirit, without whose concurrence or teaching all ordinances are ineffectual, is like to the Disciples of John, who had not so much as heard whether there was an Holy Spirit; by which as the Apostle saith,Acts 19. 2. 1 Corinth. 12. 13. we are all baptized into one Spirit, and made to drink into the same Spirit, and have one and the same Spirit, with the Apostles, though in a different measure.

But Linguæ quo vadit? his tongue runs at randome, and idely blurreth a nonsensical simile. And as saith he, Hugh Capet in taking the Crown, pretended to be admonished to it in a dream by the Instigation of St. Vallery, and St. Richard; so I believe his Highness will do the same at the Instigation of St. Henry, and St. Richard his two sonnes; A meer bull, & a nominal conceit without sense or reason; for what correspondence hath my Lord Richard with St. Richard, or my Lord Henry with St. Vallery? they being no such superstitious Saints and dreaming Spirits. But what if his Highness at the Instigation of my Lord Henry, and my Lord Richard, should have taken the Crown, which this Impostor did but dream of? he had taken no more then he hath merited; and he were worse then an Infidel, if he should not provide for his own, and especially for these of his own houshold. And my Lord Henry, and my Lord Richard may be St. Pauls Saints, that is, Holy men, if they follow his Doctrine by Faith in Christ, and works of Salvation.

Arist. Pol. 5. c. 11.The fourteenth Character is, they love God and Religion, and in this doth he also rack Aristotles words from the sense; for his meaning is that, if a Tyrant Edition: current; Page: [7-443b] will prolong his power, he must imitate a good pious Prince, which he preposterously calleth Artem Tyrannorum potissiman, the best Art of Tyrants; for piety and justice are the two pillars of a principality; otherwise by this Character, David a man after Gods own heart might be a Tyrant, and Numa Pompilius also, who was the Founder of Religion among the Romans, and for his piety advanced to that Royalty, as his Highness likewise partly was to this supream Magistracy: for protecting and cleansing true Religion of its superstitions.

And indeed, as he saith, His Arms were Pious Arms; and conquered most by those of the Church, Prayers and Tears; for his Prayers and Tears prevailed more with God, then his Arms and Force with Men; and that as he also saith, Godliness hath bin great gain to him, for which the Lord hath honoured him with a Temporal principality, as in all probability he will with his Heavenly Kingdom. Thus are this Impostors prophane Scotts against his Highness, piously inverted to his honor, who not onely as he likewise saith Romanlike, but Brittainlike, being a Prince and Priest (for by our Law also Rex est persona mixta cum Sacerdote) hath and doth as a Prince protect our Temporal Estates; And as a Priest preserve the Tythes-offrings, & duties of the Church, and not cost us all as he maliciously slandereth him.

No other marks of a Tyrant can be found in Aristotle, Plato, and his familiar Machiavel, saith He, which are suitable to his Highness but those two, as he conceiveth: The first to use Aristotles own words (which he commonly changeth and wresteth to his own conceit,) is that he would not have him impulst with anger, to fight and strike; for as Heraclitus, It is a difficult matter to resist anger which may cost ones life;Arist. Pol. l. 5. c. 16. which is also a precept for a Prince, by the practice of which a Tyrant may the longer subsist; For as St. Ambrose saith, Dum justo amplius irascimur, & volumus aliena corrigere peccata graviora committimus, when we are angry above measure, and would restraine and represse offences,Ambros. de Sancto Josepho. wee commit greater. And therefore Theodosius, after the furious slaughter of the Thessalonians, ordained that Sentences of Princes should be deferred for thirty dayes from execution: yet Aristotle saith in another place, Anger is a virtue in a Valiant man, and spurs him on to dangerous attempts,Arist. 9. c. 8. Vires injicit ira, and by consequence in a General and Prince; And therefore as Solomon saith, We ought not to provoke a King to anger, because the anger of a King is like the roaring of a Lyon.

And therefore as this Impostor saith,Prov. 20. 2. seeing his Highness is naturally cholerick, and will call men Rogues, and go to Cuffs, let him beware he falls not into his Highness clutches, least he handle him like a Rogue; and serve him as Agamemnon did Thersites a bawling Captain of the Grecians, who for his impudent railing slew him with a cuff of his fist.

And the last is, that a Tyrant should not be really good,Arist. 15. c. 11. nor absolutely bad, but half one, and half toother; but herein also he falsifieth Aristotle, whose words are, that he so fashion himself [Editor: 4 illegible Greek words], that he either have a good minde to virtue, or else that he be half good, and not altogether vicious; and doth not say that he would have him really good, but that he would have him like a Prince, be as good as possibly may Edition: current; Page: [7-444a] be. And whereas he saith that this half good is too great a proportion for his Highness and more then his temper will bear; It is onely his saying, as if his Ipse dixit like the Pope his Holy Fathers Sentence were definitive, and to be rested in; though the contrary be humbly acknowledged by the Parliament,See the humble advice of Parl. 1656. which is of more authority then his finxit or the Popes dixit.

1 Kings 1. 11. 1.In conclusion he supposeth, That if his Highness be not a Tyrant, then there is no description of a Tyrant. And because he hath put an if to it, he hath invited me to shew him that some have affirmed, there are no Tyrants in Titulo, and others no Tyrants in Exercitio, and divers no Tyrants at all; according to his Hypothesis. And for that there are no Tyrants in Titulo, some alleadge the example of Jeroboam,Justin. l. 1. who invaded the right of Rehoboan; yet was he by Holy Writ neither reputed an Usurper or Tyrant: but on the contrary, that the ten Tribes were given him by God.Esay 45. 1. And so say they, Cyrus invaded the Kingdome of Harpagus, to which he had no Title though the Sonne of his Daughter; and did beat him out of his Kingdome, yet is he by the Prophet Esay called the Lords anointed.

Jer. 15. 9. 24. 17. Baruch 1.Others to prove there are no Tyrants in Exercitio, produce the example of Nebuchadnezzar, whose cruelty and Tyranny in Sacred Writ is generally expressed, but in especial for erecting his golden Image, and commanding that they who refused to worship it, should be cast into a fiery Furnace, by which he would have enforced and compelled the consciences of men to his prophane superstitions, which is the most execrable Tyranny, & Carnificina Animorum, a Torture and Torment of mens Souls, yet God calleth him his Servant, and the Prophet Jeremy and Baruch did write to the Jews to pray for the life of him, and Baltazar his Son; And further say that God stirreth up the spirits of wicked Princes to do his will, and that if they abuse their authority, they are to be judged by God onely, who is onely their Superiour: yet say they, God reserveth them to the forest Tryal; Horribly and suddenly will the Lord appear unto them, and an hard Judgement shall they have.

In Gen. 10.And those who maintaine there are no Tyrants at all, argue from the name of a Tyrant, which as Musculus saith, signifieth nothing but as a Monarch, a Prince, and a King, though of late it hath been taken in the worser sense;Act, 19. & 19. which though it be frequent in every mans mouth, and our old English Translation useth sometimes the word Tyrant, yet the Authors of the New Translation have not once used the words, because they find no Hebrew word in the Scripture to signifie a Tyrant. Neither do Aristotle, Bodin, or Sir Walter Rawleigh agree in the distinction or description of Tyranny; and therefore question whether any man can describe what a Tyrant is; and then who can tell who was ever a Tyrant according to that description?

Pardon me for this digression; for my intention is not to assert any of these opinions, but onely to give this Impostor a glance, and a touch for his if; who will be of any opinions which may serve his turn. But now, this Impostor shall give me leave to rowl up the conclusion, which things Edition: current; Page: [7-444b] seeing they are so, It is certo certius and not lyable to exception, that according to his distinction and description of a Tyrant, His Highness without question is no Tyrant, in Titulo nor in Exertio, neither in Title nor in Practice; and that he is a Lawful and Legitimate Prince, ordained by God, warranted by the Sword, and approved by the People; And triplex nodus non facile est solvendue, A triple wreath is not easily loosened. And this is the prime and peremptory question upon which the other two depend, which being defunct, the other two dye with it. For to resticate your memories, The first Question was whether his Highness was a Tyrant or no? upon which it is resolved upon the Votes of the Scripture, Reason and Parliament, that he is no Tyrant. The second Question is, If he be a Tyrant, whether it be lawful for any private person to kill him? Thirdly, If it be lawful, whether it is likely to prove profitable or noxious to the Commonwealth? So as it is as cleer as the Day-star, that the first question, which is the Foundation of the other, being resolved against him, the other two which are built upon it, will of themselves fall to the ground; for Sublato Fundamento corruit opus; The Foundationing failing the Work falleth.

And now me thinks I hear my Genius calling on me,Cic. Epist. ad Att. Heus tu, manum de tabula, Hark, Sir, Stay your Hand, and spare your Pen, least it may seem over-long and troublesome. And so I would, were it not to be feared that some of the Impostors swearing Auditors will be made by his Enchantements Jurare in verba Magistris; to swear what he saith, or through simplicity, or prejudice will not, or cannot conceive, or weigh the premisses in the golden Scales of true Judgement, and distinguish real Demonstrations from glistning probalities: Whereby they may be seduced to imagine his Highness to be one of his Tyrants, and his Ears to be Horns, and his Justice Tyranny: And consequently, to be lawful for every person, to do Justice upon him without solemnity, as he saith, that is to kill him, according to his seditious inference. For what reverence and obedience will be given to a Prince (without which what is his power?) when the people are perswaded, that under pretences and colour of Tyranny every private Subject may vindicate his own quarrel, and be a Judge and Executioner of his Right and Actions? Which preposterous inconveniences to prevent, I thought it necessary to continue this discourse, and further to proceed in the refutation of his strange absurdites; and according to my design of brevity, will succinctly consider his material passages, omitting his superfluous Tautologies.

First Therefore he proposeth, that Supream Magistrates who degenerate into Tyrants, are not be censured by private persons, and that none of sober sense do make them Judges of their actions: But he findes none have been such great enemies to Comon Justice, or to the Liberty of mankind to give any kind of indemnity to an Usurper, who can pretend no title, but that of being the stronger; nor to have the peoples obedience upon any other Obligation then that of necessity, or fear. Wherin, by the way, I cannot supersede Sir Edward Coke’s Rule of State: Sunt quos ducit amor; plures sunt tamen quos corrigit timor,Cooks Com. P. 392. Some are drawn to be obedience by the cords of love, but more are forced to it by the scourge of Edition: current; Page: [7-445a] fear; which the Magistrate could not do, unless he were the stronger, and had the power of the Sword. But how unfitly do these expressions correspond with his Highness Title, which hath been before discussed and resolved?Perseus Sat. 4.

Sambucam citius caloni aptaveris alto.

A Fidle you shall sooner fit to a Souldiers side.

But to examine his Reasons, why a Tyrants case is particular; and why, in that every man hath that vengeance given him, which in other cases is reserved to God and the Magistrate; which he saith, cannot be obscure, if we rightly consider what a Tyrant is, what his crimes are, and in what state be standeth with the Commonwealth, and with every member of it.

And first, he assumeth that Laws are the Nerves or Sinewes of a Society, or Commonwealth, without which they must necessarily dissolve, and fall asunder. Those therefore that submit not to the Laws, but make their Will and Lust a Law, and secure themselves against the ordinary course of Justice as Tyrants do, are not to be reputed in the Society of mankind, nor to have benefit from Humane Society, nor protection from Law; wherein he seemeth, as he pretended, to argue from the definition of a Tyrant, which is, as he supposeth, that he that submitteth himself to no Law, but secureth himself against the ordinary course of Justice, is a Tyrant; which is in imperfect definition: For in the beginning of Societies, there were no written Laws; but Princes being advanced to the hight of Majesty for their Valour and Wisdome,Just. l. 1. & l. 2. Arbitria Principum pro Legibus erant, The Decrees of Princes stood for Laws, as Justine saith of the Assyrians, and of the Athenians; Libido Regum pro Legibus erant, the Will and Lust of Princes were for Law. If then all Princes were Tyrants, which submit themselves to no Law,Arist. Polit. l. 3. c. 12. but made their Will a Law, all the Grecian Princes before the Laws of Draco, Solon, and Lycurgus; and all the Roman Kings before the Laws of Tullius Hostilius, were Tyrants; and so also was Moses, whose licet was a Law before the Law was given him by God on the Mount: His definition therefore is defective, because not adaquate to the thing defined, and generally the Nonsubmission to written Laws, which he speaks of, doth not make a Tyrant; For a good Prince without Laws may Rule the People aswel as with Laws.Arist ibidem. And Aristotle makes it dubitable, and disputable, whether it is better to be Ruled by a good Law, or a good Man? And whereas he maketh Arisotle to say that Tyranny is against the Law of Nature: he doth not mean, contrary to the Law of Humane Society, by which Humane Nature is preserved, as the Impostor coustrueth it; for Humane Nature hath, and may be preserved without the Law of Humane Society, and that by the Law of Nature: According to which as Sir John Davis,In the Preface to his Reports. If we all lived of Nature, we should need few Laws, and fewer Lawyers, which Princes, as Gods Subjects, are bound to observe, aswell as their Subjects them; and which as Bodin, is, Regina utrisque Imperans,Bed. Poc. A Queen commanding them both: And a Lesbian Rule flexible every way, according to the various contingencies and vicissitude of things: Which therefore by some is preferred before written Laws, because the inconstancy of the people, and change of things do often require new Edition: current; Page: [7-445b] Laws, which the Law-givers cannot foresee, or provide for, which Defects are supplied by the Law of Nature is a good Prince. Therefore such Princes as do not guide themselves, and rule their Subjects according to the Law of Nature, as Aristotle saith, are Tyrants,Arist. Eth. l. 8. c. 10. because they rule contrary to the Law of Nature; And as in another place, Rexsi vitiosus sit, Tyrannus efficitur, A King, if he be vitious, becomes a Tyrant, for vices are contrarie to the Law of Nature, and right Reason: Such vitious Princes were Sardanapalus, and Astyages: And therefore for their vices by Arbactes and Cyrus expulsed their Kingdomes. But grant his Major, that those Rulers who subject themselves to no Humane Law but their will, and his lust is a Law, by which be governeth himself and others, are no Magistrates, but Tyrants: How doth this reflect on his Highness, who hath submitted himself to the Laws of this Nation,Virgil. Æne. 2 and hath a principal care to put them in Execution? Justissinus Vane

Qui suit ex Anglis, Et servanrissinus æqui,

As before hath been shewen: Besides in cases of present importunity, or imminent necessity, he exerciseth not an absolute power, but is guided by his Councel, who have as absolute a negative voice in the Intervals of Parliament, as the Parliament had whilest it was sitting. Then he falls fowl on the crimes and effects of Tyranny: A Commonwealth, saith he, falling into a Tyranny absolutely, loseth that name. For serverus nulla est Civitas, saith Aristotle, and Grotius,Arist. Pol. c. 8. Grotius de Jubel. l. 3. c. 8. f. 2. Sed magna familia, Where all are Slaves, it is not a City: for as he saith, there is one Government for the utility of the Ruler, and another for the commodity of the Ruled; this hath place among the free people, the other between Lords and Servants, and where the people is bridled by such a Government, is not a City, but a great Family; And he inferres there is no longer King and People, Parliament and People, but these names are changed (at least their natures into Masters and Servants, Lords and Slaves. But certainly this Impostor hath learned the Art of Forgetfulness, not to forget injuries, as Themistocles and Cæsar did, but benefits and good turns as Brutus, whom though Cæsar saved at the Pharsalian battail,See his Highness Speech. 12 of Septemb. 1654. yet was he the chiefest Conspirator against him; Even so doth he brand his Highness, with the enslaving others, who freed him from slavery; and aims more at the utility of the Commonwealth then his own, and will not remember the gentle and gratious protestation his Highness publikely and solemnely made in Parliament, that he did not assume to himself dominion over them, but resolved to be a Fellow-servant with them: And so indeed he is; for in his Protection he serveth us, and we in our obedience serve him: unlesse he wil make obedience slavery, which is Regis & Legis essentia, the being & essence of a Prince and Law. And of the two, his service and burden is the greater; and as Tiberius said, Onerosior servitus, The heavier service. But observe his sottish inference: And in truth, saith he, we are all members of Whitehal, and when our Master pleaseth, he may send for us thither, and there bore through our ears at the Dore-posts; For for whom did his Higness send for thither, but for such refractory and turbulent spirits as his is, and there by godly and moral instructions did labour to bore them through their Edition: current; Page: [7-446a] consciences and reclaim them, or otherwise, by custody, to secure them to prevent future combustions in the Commonwealth? And let this Impostor take heed that his Highness find not his hole wherein he lurketh, and send for him to Westminster-Hall, and there cause him to be mounted on the top of a pillery, and his ears and tongue too to be bored through, and his forehead stigmatized for his impudent and eminent scandals. Next he sheweth the condition wherein a Tyrant standeth with the Commonwealth: to wit, that a Tyrant is no part of the City, nor member of the Commonwealth, and therefore in all reason to be reckoned in the number of those savage beasts that fall not within any other horde, that have no other defence then their own strength, making a prey of all that is weaker, and by the same reason being a prey to all, are stronger then himself: But if we grant that a Tyrant is no part or Member of a Commonwealth (which I can neither finde in Aristotle or Grotius, whom he quoteth in his margent,) yet is he not for that reason a Tyrant; for injury should be offered to a Prince, saith Aristotle,L. 1. Pol. c. 9. who excelleth others in virtue and valour, to esteem him apart of the City & Commonwealth, seeing there is Impar in eis virtus, Unequal virtue in them; for such a man ought to be esteemed a God among men; And so also is there in Tyrants, who as he also saith, for their Virtue and Valour were at the first made Tribunes, or Leaders of the people:Regis Just. 1. cap. 5. And though they be Eccentricque and above the other Sphære and Orbe, yet do they like Primum Mobile, Rowl about, and sway all the Inferiour Orbes with their Motion and rule. And therefore the comparison of Tyrants with wild beasts, which he borrowed of his Master Mariana is incongruous and absurd, because there is not the same Reason of both, & parium eadem est ratio; for among wild beasts there is no rule, or government,Lib. 1. Hist. but promiscuous confusion and dilaniation, whereas in Tyranny there is a Form of Rule and Government, though not so just and equal as it ought to be:Kek. Pol. sol. 21 And for that Reason, saith Tacitus, Præstat esse sub malo Principe, quam sub nulla, It is to be better under an evil Prince then none, and a Tyranny is better then an Anarchy; for where there is no Government at all, men like brute beasts indeed by wounds and slaughters, snatch and catch what they can to themselves. And for the same infirm Reason,pag. 9. he in the ensuing page assevereth, that no Society and no Faith is to be kept with Tyrants, nor no Religion of Oath to be observed, because as Seneca saith, that whatsoever was of Mutual Obligation between us, his destroying the Lawes of Humane Society hath dissolved; but I wonder much that he who seemes so well versed in Grotius, should not observe that he utterly rejecteth that opinion of Seneca,Grotius lib. 3. and also of Cicero’s, which in that Place he also citeth,cap. 2. Nulla nobis Societas cum Tyrannis, sed summa potius distractio, That no Society is to be had by us, but rather extream distraction. For saith he,L. 5. Tusean. Tyrants have had Society with the people, and by compacts and agreements with them, established their power, by granting them Liberty: And which is more to be admired, the Impostor seemeth to countenance the Error of Michael Ephesus, which as Grotius saith, proceeded from that Fountain, That Adultery is not committed with a Tyrants Wife, and graceth it it with a jeer, if she have no other guard for her chastity, but age and deformity: Edition: current; Page: [7-446b] But he will finde, that if his Wife have not the guard for her chastity of age and deformity, a Tyrant may with lesse offence, and danger commit Adultery with his Wife, if he have any.

In the next place he produceth another argument of the same nature, that a Tyrant making himself above all Law, and defending his injustice by a strength which no power of Magistrates is able to oppose, becomes above all other punishments, above all other Justice, then that he receives from the stroak of some generous hand. And by the Law of Nature, where no Justice is to be had, every one may be his own Magistrate, and do justice for himself: which he learned of his Master Suarez, who giveth the same reason for the lawfulness of every private mans authority in such a case.Suarez Resp. ad Apologiam pro Jur. fidel. Fol. 415. Quia, saith he, per Naturalem Legem Deus dedit unicuique potestatem defendende se. Because God by the Law of Nature, hath given power to every man to defend himself, where no remedy is to be had against him from their Superior.

But herein is this Impostor catched in his own ginne, by falling from his first principle, which was that it is Lawful for every private person to kill Usurpers or Tyrants in Titulo; but not supream. Magistrates who degenerate into Tyrants, and be Tyrants in exercitio; whereas by this reason every private person may as well kill the one as the other; for a Tyrant in exercitio is also above Law, and defendeth his injustice by a strength which no power of inferiour Magistrates is able to oppose; and by his successive Title becomes more potent and irresistible in his Acts of Injustice; for no Injustice can be had against him also for his Compulsory, Contributions, Loanes, Benevolences, Assessements, Taxes, or other the like Impositions; and may as well be stiled magna Latrocinia, great Robberies as well as the other. In which Argument this Impostor seemeth to have lost his sober senses; for he saith, None of sober sense makes private persons Judges of the Actions of those that degenerate into Tyrants, which by this Argument he doth.

And further in this case the Impostor saith, that every one may be his own Judge, and do Justice for himself; for the question is not whether a private man may take upon him to be his own Judge, whether a Magistrate doth him wrong or not; for that is denied of Grotius and Bodin.Grotius l. 1. c. 3. Ne occasio sit majoris tumultus faciendi; least it should be an occasion of greater tumults: And therefore Cicero compares such resisters of Magistrates to the Titans, Qui ut illi Cælestibus, adversantur Magistratibus;Cic. lib. 3. de Legibus. who oppose Magistrates as they did the gods. But the question is, Whether every private person may take upon him to be his Judge, in punishing an usurper that hath no just Title to Magistracy, which this Impostor resolveth in the affirmative. In which he decedeth from the Institutions of his Masters, Mariana and Suarez:Suarez resp. ad Apolog. pro Jur. fid. The one averring, that if the Tyranny be doubtful and not Manifest, no man ought to offer him force, & how this doubt shall be resolved the other sheweth, Neque enim in privato cujus quam arbitrio ponimus, &c. We place it not in the Judgement of every private person nor mamy,De Regis Iest. L. 1. c. 5. unlesse the publick voice of the people be assenting, and learned and grave men be called to Councel, least, saith he, any one should conspire against the life of the Edition: current; Page: [7-447a] Prince, as if he were a Tyrant: And so also saith Grotius, maxime autem la re controversa judicium sibi privatum sumere non debet: In this case above all other, a private man ought not to take to himself Judgement.

Grotius lib. 1. c. 4.And yet this Impostor would Father that opinion on Grotius, which his grave Fathers Mariana and Suarez rejected, and make him like the Satyre in Æsop, iisdem buccis calorem & frigus esstare; breath contraries, to supply his purpose; for Grotius doth not say, where no Justice is to be had, every one may be his own Magistrate, and do Justice for himself; for before he said the contrary,Molin. de Instit. Fo. 1. disp. 100. and so doth Molina whom Grotius cited in that place, to wit, that no private man ought to take vengeance for an injury offered him, eo quid unusquisque possit facile occæcari sua in causa, because every one may be easily blinded in his own case: And therefore it is written,Grotius de sol. l. 1. c. 3. Vengeance is mine; that is, God’s, and his Magistrates; whom (though we suppose them to do us injustice) we ought not to resist. And in that Grotius saith, ubi cesset judicium, where Justice ceaseth, the Law of nature somtimes now hath place. He doth not speak of injustice done by Magistrates in their place of Justice to private persons, but of injustics and wronges that happen between private persons, which appeareth by his subsequent distinctions; for Justice saith he, doth cease momentané, for the present moment, where Justice cannot be executed without certain danger and dammage: In which sence that of this Impostor is to be taken, that the Law of God permitteth every man to kill a thief, if he take him breaking open his House in the night, because he cannot bring him to Justice without certain peril or losse: Or else saith Grotius, Justice doth cease continué, continually; which is either by Right, as in Wildernesses and Islands, where there is no City and Government; or by Fact if the Subjects will not hearken to the Judge, as Pirates, Robbers, Mosse-troopers, or such notorious Malefactors,Grotius l. 3. c. 19. who are no part of a City, but contemn Government; and therefore as Grotius saith, may be punished by every man, if we respect the Law of nature; or else saith he, When the Judge doth refuse to do Justice; as if saith Molin, in one Kingdom one City assaulteth another, and doth grievous injury to it;Molin. ibidem. and the King (being requested) neglecteth, or dareth not to vindicate the offered injuries. In this case that City may not onely defend it self, but also make Warre with the other, and put the Malefactors to the Sword: But cautiously addeth, Non tamen auderem facultatem hane multum extendere; yet I dare nor much extend this power no further then between City and City; and not to give private persons the power of Magistracy; and that where no Justice is to be had, to do Justice for themselves; no, not between themselves, unlesse in the causes above mentioned; and therefore à fortiori not against a Magistrate, as this Impostor conceiveth; which opinion both Molin and Grotius utterly reject.

And in that he saith, That it is contrary to the Law of nature, that when the Law can have no place, men shall be forbidden to repel force by force: but to be left without all defence and remedy against injury: God left not the Slave without a Remedy against the cruel Master, and permitted every man to kill a Thief breaking upon his House in the night, because it may be supposed he could not otherwise bring him to Justice; and shall a Free People have no redresse Edition: current; Page: [7-447b] against an Imperious Master, nor an oppressing Tyrant? Wherein this Impostor hath forgot the old Wife Lesson.

——— Fuit hæc sapientia quondam

Publica privatis secernere, sacra profanis.

To distinguish between publike and private things, Sacred and Profane; for private persons, upon any pretence of Injustice, may not be their own Judges, and make resistance against the publike Magistrate, or the Supreame power, for they are publike and Sacred persons, Sanctified by the Ordinance of God: Yea, though they be unjust and wicked, yet is there power and Authority the Ordinance of God; and therefore Christ told Pilate, that the power he had was given him from above;John 9. 11. and as Jehosaphat said to his Rulers, They execute not the Judgement of man, but of the Lord.

The same answer may be returned to that he saith, What can be more absurd in nature, and contrary to all common sence to call him Thief, and kill him that comes alone, or with a few to rob me, or to call him Protector, and obey him who robs me with Regiments and Troopes, as if to rove with two or three Ships were to be a Pirate, but with fifty an Admiral; as if the number of Adherents onely, not the the cause, did make the difference between a Robber and a Protector: But it is not the number of Adherents puts the difference between them, but the cause; for the Protector as the publike and Supreame Magistrate, by the Advice of his Councel, or Parliament, for the good of the publike may impose Assessements and Taxes on the people whom as Gods Vice-gerent, we are all obliged to obey: but the others in contempt of publike Authority, as private persons Robbe, Pillage, and Plunder their Brothers and Neighbours: Otherwise the Pirates answer to Alexander had been pertinent, who being demanded of him by what Right they did infest the Sea, and spoil Passengers; said, by the same Right that he with many did Robbe the whole World. Whereas the Legal and publike Authority of the one did make the difference of Right and Robbery between them. And as concerning the consent of the people to Taxes, either made expressely by themselves, or virtually in Parliament, satisfaction therein hath before abundantly been given. And if this Impostor will have other Remedy and satisfaction, let him hearken to Grotius, who will further Instruct him, and tell him that Magistrates Judge private men; Princes Magistrates, and God Princes,Grotius l. 1. c. 3. of whom he hath a peculiar care, who will vindicate their offences, if he Judge it needful, or bear with them in pænam & explorationem populi; for the punishment or Trial of the people; or else as others say, they may be questioned of the Superior Magistrates, by the Supreame Law of the peoples safety. And every private mans defence; as he would have it is altogether in this cause restrained by the Law of God and man, since Magistrates and publike Courts of Justice have been constituted.

These are his reasons; in which he saith, He should be much lesse confident, unlesse they were seconded by the Examples that are left us by the greatest and most Virtuous, and the opinions of the greatest and Wisest Men, by whom, saith he, if I am deceived, I shall however have the excuse Edition: current; Page: [7-448a] to have been drawn into that error by them: So that notwithstanding his former Thrasonical vaunts; he begins now to doubt that he is deceived, and drawn into an error: Et habemus paene confirentem reum; and not without cause; for Examples and Authorities, as the Logicians say, are the weakest Weapons brandished in our humane Academy who give it for a Rule,Boeth. [Editor: illegible word] Lotus ab Authoritate est infirmissimus: An Argument from Authority is the weakest: And especially his which are either wrested, or for the most part misconstrued. But to examine them in order; in the front he placeth Grotius as his chiefest Champion, whom he mistaketh and dismembreth as he did before. For Grotius, saith he, saith, That an Usurper that onely by force possesseth himself of Government, and by force onely keeps it, is yet in the State of Warre with every man; and therefore every thing is Lawful against him, is Lawful against an open Enemy, whom every private man hath Right to kill.

Whereas Grotius saith, If by an unjust Warre any one by force snatcheth unto himself the Empire, and no agreement and consent followeth, nor longe Possession, but by force retaineth it, the Law of Warre seemes to remain; and that what is Lawful against an Enemy, is Lawful against him, who by Right may be killed of every private man; and omitteth the Limitations (to wit) an unjust Warre, consent of the people, and possession, as not conducent to his design, because they jointly concurre to the establishment of his Highness just Title; for as hath before been declared, his Highness may lay clame to this Government by the just Title of Warre, and also by the consent of the people; the onely question may be, is concerning the possession, which as I conceive, is rightly determined by Learned Master Ashkam.Vol. 90. That place, saith he, is Judged to be in full possession, when it is so held, that another power as great as that that holds it, cannot approach it without great danger; or that there is no probable hope to recover it, which is sufficient saith he, to challenge our obedience; & which as Grotius saith, Every private man ought to follow, as our Saviour Christ did; who though he was the King of Kings, yet because he had undertaken the condition of a private person, did willingly pay Tribute to Cæsar, because the monies bore his image and Superscription, that is, because he was in possession of the Empire.

Arist. Plut. l. 1. c. 3.All his other Authorities were deduced from the Laws and practises of those Citisens, who lived and Ruled in meer Commonwealths, to whom the Government of one was alwayes odious: And as Aristotle οί πλήςυ ϕαολὸς υϱίτας τῶν ὀικ[Editor: illegible Greek word], most people are evil Judges in their own affaires;[Editor: illegible word] 8. and as this Impostor, who like the Devil sometimes speaks truth; it is contrary to the Laws of God and nature, that men who are partial to themselves should be their own Judges: And therefore Xenophon, Solon, Plato, and Cicero are not competent Judges in this case, because it concerned the continuance of their own State and dignity. And though in their Commonwealth they erected statues in their Temples to Tyrannicides, and Deified those private persons who murthered Tyrants; yet in Monarchical Governments, none such escaped Capital censure, whose Examples because they are divulged in most Histories, I willingly supersede; and Edition: current; Page: [7-448b] will onely name two, which seem more rare and memorable: As that of David, who caused the Messenger to be slain, that upon Request & for pitty had lent his hand to help forward the voluntary death of Saul; and another of Domitian, who did put to death Epaphioditus, Neros Libertine, because he helped Nero in love to kill him; which may seem to be summum Jus, and in equity considerable, as void of a malicious Intention, which is the forme of Murder, and partly excuseth or mitigateth ordinary homicides but that the parricide of Supream Magistrates is of higher consequence, and abominable by the Law of God and Law of man, that whosoever shall brew his hands in their blond, though by consent and voide of malice, shall in Publicum Exemplum without hope of mercy receive the highest punishment.

From his authorities, he desendeth to the examples of such lawlesse Murderers, which as his Master Mariana, are not numerousDe Just. Reg. l. 1. c. 6. Ex tanto numero Tyrannorum saith he, qui anti quis temporibus exticerunt, paucos quosdam numerare licet ferro suorum periisse, Out of the great company of Tyrants have been in ancient times, few can be numbred who perished by the sword of their own people.

And as in Spain, he saith but two, so may we say of England, so faithful and loyal commonly have the people been to their Supreme Magistrate. And this Impostor instanceth but in one, which in his judgement seems instar omnium, though indeed little ad Rhombum: to wit the slaughter of Cæsar, which his Pater Patriæ Cicero extols as an act most generous, and worthy of eternal memorie. But Tacitus, more truly, cum occisus suit Cæsar, aliis turpissimum, aliis pulcherrimum facitus videretur: when Cæsar was slain, it seemed to some a most fowl,Li. 1. Ann. to others a most glorious act.

Scinditur incertum Stadia in contrari vulgus.

For if we consider that according to the judgement of the sager sort, it will appear a barbarous murder and obnoxious to the state of Rome as then it stood, and that by the judgement of Tacitus himself; Quia, saith he, Nullum aliud discordantis Patriæ remedium fuis. Because there was no other remedy to cure and unite that discordant Nation, then by the Government of one. And for that reason as Plutarch relateth,Plut. Vit. Casar. was Cæsar created Perpetuus Dictator, by the Senate and People, hoping thereby saith he, Ab intestimis Discordin respirare, To breath and rest from their Intestine Discords, so as in the regard of the necessity and utility (which as they were the cause of our consociation, so are they of our preservation) Cæsar’s acceptance of the Empire was a necessary and a commodious Act:Li. de Nat. Deo. which Cicero himself, who souly trampled on Cæsar ashes, did upon mature deliberation acknowledge. Quod is esset status Reipublicæ, quod eam unius Consilio & cura gubernati necesse est, That such was the State of the Commonwealth, that that of necessity must be governed by the Councel and care of one; And Necessitas est Lex temporis, Necessity is the Law of the times, which we are forced to obey, and against which as one saith,App. Alexand. de Bello Civili. Ne dii quidem pugnare possiut. And therefore the Senate and People of Rome after the Conquest of Pompey as Appian saith, did not onely create Cæsar perpetual Edition: current; Page: [7-449a] Dictator, but with the Dictatorship gave him the perpetual Consulship, to the Consulship the Title of Emperour, and the sirname of Pater Patriæ, whereof Cicero was one. Neither could the Senate plead any excuse for Cæsar’s murder, whom they themselves acknowledged Supreme: But condemned it as an horrid parricide. Onely the prevaricator Cicero who (as this Impostor saith) if he was not conscious of that design, yet he affected the honour to be thought so, as appeareth by his Philippick and invective Orations, for which he justly paid the mult of his head which forged them, and his hands which pressed them, and were both fastned to the Rostrum wherin he made them: which may be the Impostors penalty in the end for his prevaricative and invective pamphlet, and that jure, who is as faithless and caluminous as the other: Insomuch as if Cæsar was an Invador, as this Impostor conceiveth:Plut. Vit. Cæsaris. yet was he rightly fixed and setled in the Majesty of the Empire by the Decree of the Senate, and consent of the people; who were so enraged at his death that they unanimously flocked to the houses of the Parricides to punish and tear them in pieces.

Syntag. l. 6. c. 20.But I will conclude this Question with the determination of Tholosanus; Exempla Tyrannicidarum, saith he, non hic sunt sequenda. The Examples of Tyrannicides are not here to be followed, which happened in a free Commonwealth which had no King, nor did not subject themselves to him, or that those things which were done rashly be measured by the success: which this Impostor seems to acknowledge in that, he saith, That how he will conclude with authorities are much more authentick, and Examples we may much more safely imitate, as if it were not very safe to imitate the former. And now Ventum est ad triarios, He is driven to his last refuge: The ranks of his many battails are broken, and his humane arguments routed and forced to his last reserve, and to bring up his triaries and divine authorities into the field, on which he chiefly relies; but they like a staff of reed will fail him, and though primo impetu, at the first dispute they seem more then men, yet at the second they will prove Minus Fæminarum, Weaker then Women, and soon overcome: But to encounter them in the same order they are ranked.Deut. 17. Ch. 12. Ver. The first is drawn from the Law of God, which decreeth certain death is that man that doth not hearken, as he saith, or submit himself to the Judge, or the Decision of Justice, and thence inferreth, that neither that, nor any other Law is in force, if there were no way to put it in execution, and against a Tyrant processe, and citation have no place, neither have any formal remedies against him, and therefore includes that every man may kill him.Joan. Særisb. de nug. Cur. l. 8 c. 20. But he rowls the same stone he did before, and the same answer will satisfie both. That a Tyrant is the Minister of God, whom any private man ought not to resist, but is to be left to the Judgement of the Lord,Horat. who will either take vengeance on him, or permit him for our punishment or trial to remain.

Regum timendorum in proprios greges,

Reges in ipsos Imperiun est Jovis.

The next is taken from the example of Moses; every English man, saith he, hath more cause, and as much call as Moses had to slay the Ægyptian. But as he hath no cause, as hath been manifested, so hath he no such call; for Edition: current; Page: [7-449b] Moses from the inspiration of God, obtained his authority, who moved him to this slaughter, that he might begin to shew himself an avenger of his people, and to kill the publick Enemy, which is the interpretation of the best Commentators according to the harmony of the Scriptures.Acts 7 Chapt. 24, 25. Ver. For Stephen saith, that Moses seeing one of his Brethren suffring wrong, defended him and smote the Egyptian who oppressed him, supposing his Brethren would have understood that God by his hand would have delivered them, but they understood not; Though Moses did know that he was ordained a Captain from God to vindicate the Hebrews, and that he should prepare himself by this slaughter to that charge;Heb. 11. 27. And though he did fly out of Egypt; yet as the Apostle saith, by Faith Moses forsook Egypt, and feared not the feirceness of the King, for he endured as he that saw him which is invisible, that is, he did it not for fear, but believed in his time to deliver Israel. What imprudence or impudence is it therefore in this Impostor to aver that Moses had no other call we read of, but the necessity his Brother stood in of his help, when the contrary is cleared by the Scriptures, that he had his call in this action, immediately from God, who by the smiting of the Egyptian was prepared and animated to the deliverance of Israel.

Suarez in Apol. pro Jursidel.The example of Ehud followeth which both his Masters Mariana and Suarez principally urge, that he as a private person killed Eglon the King of the Moabites, to free the Israelites from his Tyranny. But as Grotius saith, Sacred authority doth plainly justifie that he was raised by God, and by his special command to avenge the Tyranny of the Israelites:Mor. de Rege Inst. l. 1. c. 6. And that God also by what Ministers he pleased, did execute his Judgements against other Kings, as he did by Jebu against Joram: neither doth it appear, saith he, that the King of the Moabites had no right to rule by compact, which seemeth probable by the whole eighteen years time he ruled them, that some consent might passe between them.Grotius, l. 1. c, 23

And whereas he saith, That a Tyrant is not a Devil to be cast out by prayer and fasting but by a Dagger of a cubit long; yet was it the onely and pious meanes the people of God used to free themselves from the Tyranny and Slavery of Nebuchadnezzar and other Princes, which at the last they obtained without the helpe of a Dagger; but he had rather run to the Devil for a Dagger to execute his revenge, then fly to God by prayer for his deliverance.Judg. 10. This same answer also may be given to his Example of Sampson: for it is perspicuous by his miraculous acts that he was raised by God, to begin to deliver Israel out of the hands of the Philistines, and that whatsoever he acted was by the Spirit of God.In eundem locum. Besides as Peter Martyr saith, he was a publick Magistrate constituted of God, and that as a Magistrate he did punish and plague the Philistines; and therefore stiled their Enemy. And so is it said, ver. 20. That he judged Israel in the dayes of the Philistines twenty years. For as the same Author, Nemini privato licet ad hunc modum injurior prosequi, It is not lawful for a private man in this manner to prosecute injuries; and not as a private man to do unto them as they did unto him, as this Impostor saith, and conceiveth. And in that the Text saith, that the men of Judah should say, Knowest thou not that the Philistines Edition: current; Page: [7-450a] are Rulers over us: It is answered by the Glosse on that place, that it was their grosse ignorance that they judged Gods great benefits to be a plague unto them, which they understood not, though he did, and therefore suffred he them to bind him, because he knew that God would deliver him. And therefore this Impostor for his ignorant collection in this place, meriteth to have his brains brayed in a Morter with Sampson’s Jawbone of an Asse, that he may be cured of his foolishness. And if his Friends and Relations daily receive capital punishment as he saith, it is because they adhere to the foolish dictates of such a frenetick Impostor, by which they are blinded and bewitched to foment such mortal and pestilent conspiracy against their Prince and the State. And therefore justly suffer: The same Response may also be returned to his Example of Samuel: That nothing was acted by him on Agag, but by the special command of God. Which, because it was neglected of Saul, Samuel according to the Voice of God,1 Sam. 15. 9 hewed him in pieces before the Lord in Gilgal. Neither was this Agag a Tyrant, as this Impostor saith, or an Usurper, or had any rule or command over the People of Israel, and therefore extra oleas fertur, he is carried beyond the limits of the question, and idly argueth not ad idem. He concludes with the Example of Jehojada the high Priest,Lib. 1. c. 45. Godw. Ant. l. 1. c. 45. who saith he, Six years hid the right Heir of the Crown in the House of the Lord, and without doubt was all that while contriving the destruction of that Tyrant Athaliah, who aspired to the Crown by the destruction of those had right to it, but though he pretended no immediate command from God as Jehu did,Martyr. Con. In 2 Kings. 11. In 2 Cron. 23. or immediate by Urim & Thummim, which signified his Prophetical Office, & by which he answered as from an Oracle; yet as Peter Martyr saith, he enterprised that Act Fiducia præclara auxilii Divini, By the clear and manifest confidence of the Divine assistance, or as Wolfinus Tigurinus, Impulsu Spiritus Sancti, By the Impulse and Inspiration of the Divine Spirit, And therefore doth this Impostor improperly ascribe this action to the sole contrivement and invention of man; and that Jehojada had no pretence to authorize this action, but the equiry and Justice of the act it self, which was Gods Act in him, and wrought by the Impulse of his Spirit, who though as Lavater also saith,2 Chron. 23. Whatsoever he did was done by the Incitement of the Holy Spirit, yet doth he use the ordinary means of prudence, and diligence, and military forces: Because humane helps, when they be offred ought not to be despised, no more then they were by Moses and Jehu in the like case. And whereas he saith, that any man might have done what Jehojada did as lawfully, that could have done it is as effectually as he: Jehojada did not do it, as Jehojada or a private person, but as the Princes Tutor and Guardian, which appertained to him, as the next of kinne, having married the Princes Aunt, who in that respect, represented the person of the Prince; and by virtue of that Relation was not onely obliged to hide and defend his person, but to have a care of his right to the Crown, and restore him to the Kingdom of Juda, which he lawfully did, and onely might do, and not any other private person. And therefore for that Royal Act was he honoured as a King, and buried among the Kings. Besides, as Peter Martyr saith, Non erat bona privatus, Edition: current; Page: [7-450b] sed Reipublica summus Pontisex, he was not a private man,2 Chron. 23. In Eundem Lacum. but the High Priest of the Commonwealth, to whom it appertained to judge in all Civil as well as Ecclesiastical causes; and by that authority as a Judge according to the decree and promise of God, that the Scepter should not depart from Judah till Shiloh come; and that his House and Kingdome should be established for ever; and according to the Law in Deuteronomy, that the Kingdome should not reside in Strangers; he did lawfully and justly do execution on Athaliah, whereby the seizin and possession of that Kingdome was made, and delivered to the right Heir of the House of Judah, and did not do it as a private person with his Dagger, but as a publick Magistrate with the assistance of the Nobles, and the approbation of the People; and therefore as the Text saith, All the People of the Land rejoyced, and the City was quiet after they had slain Athaliah with the Sword.

But mark this Impostors preposterous allusion; They slew, saith he, Athaliah at the horse-gate, and by the Kings house, the very Whitehall wherein she had caused the blood royal to be spilt, and which she had so long unjustly possessed, and there, by providence did she receive her punishment, alluding to the late Kings execution before Whitehall. A comparison as absurde as odious, and no more like then Cicero and his Son: for the one was acted by the authority of a publick Act of Parliament, the Representative of the People; and the other by the malicious and revengeful hand of a Cruel Woman, with the detestation of all the people.

Wherein this Impostor discovereth his reserved intention, in that before he did pretend to stand solely for the Parliament, but here he covertly wheeleth about to the King, and which in the next page he plainely professeth Utinam, saith he, Te potius Carole, retinuissemus quam hunc habnissemus, We wish we had rather retained thee O Charles, then had this man. Who presaging that he shall not by advising the Parliament draw the Army to his mischievous design, endeavoureth by coquesing the King to invite the Royallists to effect it,Virgil. and careth not how it be done so it be done, resolving with that desperate malecontent.

Flectere si nequeo superas Achavant a movebo.

If the Heavens will not help him, the Devill shall. But what will the Devil help him to but shame and confusion? and will serve him as he doth the Witches, leave him when he cometh to the gallows; which will be the end and portion also of his accomplices, that unless as he saith, in the contrary sense they repent, they shall also perish as their precedent Assassinates have, and justly suffer in the same place where they shall act such an high offence, and therefore admonish them with the Poet by others dangers to be wisely cautious;Tibull.

Vos ego nunc moneo, fælix quicunque dolore

Alterius, disces posse carere tua.

Yet will he not conclude this Story of Athaliah without observing that Jehojada commanded, that whosoever followed her should be put to death, and generally applies it to all are confederates with his Highness, but more especially to his Chaplines, and Tryers, who, as he saith, will admit none to the Edition: current; Page: [7-451a] ministers that preach liberty with the Gospel, though indeed they admit all that will preach not onely civil Peace and Liberty, but also Christian Liberty, and Liberty of Conscience; and onely bar those who will preach uncivil sedition, and tyranny of conscience: And yet doth he compare them with Baal’s priests, because as he saith, they do sacrifice to our Idol of a Magistrate, and preach for Tyrants, when as they preach nothing but sound Doctrine, according to the Scriptures in defence of the Supream Power: and yet would have them hanged before their Pulpits as Matten Baal’s priest sell before the Altar; but it he is a Jesuit, as he showeth himself to be, he is one of Baal’s Priests.

Et sape in Magistrum sceleva redierunt sua.

And what he designes to others may fall on himself, who with his popish Priests and Jesuits, for preaching continually like Baal’s Priests, Idolatry, and practising it in their Masses, & principally for sowing the Cockle of Sedition among his Highness Leige People, as Baal’s Priests did, will certainly, as then heretofore have been, we hanged, drawn, and quartered at Tyburn, if once discovered, which they also may be pleased to take notice of, and to use his own phrase, that unless they also repent, they shall all likewise perish.

Herat.Sed tandem amito quæramus seria Indo.

And now he begins seriously to consider what he above hath said, and hath found out two Objections which he hath made stronger then he is able to answer. The first is, That those Examples out of the Scriptures, are of men that were inspired of God, and that therefore they bad that call, or authority for their actions, which we cannot pretend to: And so that it would be unsafe to us to draw their actions into Examples, unless we had likewise their justifications to alledge; to which he answereth, That if God commandeth these things, it is a sign they were lawful and commendable; But if he had answered,Non Apollonis magis verum, quam hec [Editor: illegible word] that these were lawful and commendable in them whom the Lord had commanded to do them, Apollo’s answer had not been more true. But to say, they are commendable and generally lawful, and to be drawn into Example as a General precept by every one, is more incertain then a Paradox, and absonant from the harmony of the Scriptures; and are no more set down for our imitation then Jehu’s slaughter of Joram, which was done by the expresse Oracle and Revelation of God: For otherwise every private person may by that Example slay his true Prince, such as Joram, and Abaziah were, if they degenerate into Tyrants, which this Impostor himself saith, none of sober sene will averre. Thus is the Bee drowned in his own honey, and intangled in his own words, and his own mouth hath condemned him, yea, his own lips testifie against him.

What shall I say of the Israelites robbing of the Egyptians, or Sampson’s self murther, or Jonas casting himself into the Sea, or any other Prophetical precedents, or priviledged commandments, of which sort there are many recorded in Holy Writ: but that they were otherwise heynous offences by the Law of God, and out of the general, precept, and therefore unlawful for us ordinarily to follow, unless that, as he saith, we had their justifications to alledges.

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The other Objection is, That there being no opposition made to the Government of his Highness, the people following their callings and traffique at home, making use of the Laws, and appealing to his Highness Court of Justice, that all this argues the peoples tacite consent to the Government. But this Objection is not rightly stated, and something he hath not fully expressed; as to stile that a tacite which is more then a tacite, and implicite consent; for, it is more then a tacite and implicite consent: for the Judges and Justice; of Peace to take their Commissions from his Highness, and the Sheriffs to act by his Processe, and the people to come in upon the Processe issued out by the Sheriffs, and appealing to his Court of Justice; For there are two main Pillars of Government, Imperare & Obedire, to Rule, & to Obey, which are Relatives and cannot be severed; And there can be no Rule without Obedience, nor no Obedience without Rule. Sint quibus Imperat. And when subordinate Magistrates are created for the Meum & Tuum of the whole Land, to which the people actually submit an active obedience, it is more then a tacit and implicite consent.

And in the stating of the Objection something he hath omitted; for he should have premised that in that his Highness at the request of divers persons of honour and quality, and many of the chief Officers of the Army, did take upon him the Supream Government, which afterward was seconded by the general consent of the people, and by them created the Supream Magistrate of these Nations, as before hath been acknowledged, and demonstrated; The people therein have openly and explicity declared their actual and real consent to the Government of his Highness, which would have made the Objection stronger, and altogether unanswerable.

But now to examine his Answer which is that if commerce and pleading were enough to argue the Peoples consent, and give Tyrants the name of Governments, there was never yet any Tyranny of any long standing in this world, which in his sence may be true, speaking of a Tyrant in Titulo, who so soon as he hath gained the peoples consent without any prescription of time, is no longer a Tyrant, even by the judgement of Learned Grotius, as he not unworthily stileth him; whereof commerce, pleadings, and obedience to him and his Magistrates is one clear argument which the general concurrence of the peoples consent makes invincible. And therefore impertinently doth he produce the Examples of Nero and Caligula, who were not Tyrants in Titulo, but Exercitio; who if they had been Tyrants in Titulo, the consent of the Senate and People had cleared them of that odions name.

And as to the Example of Eglon, whom the Israelites, as he saith, served eighteen years, no question but he by his so long continuance of time, and the consent of the people might have challenged the Right of Government, as well as by conquest; neither can time corroborate a principality where the antient of dayes will change it? And to the Example of Athaliah who reigned six years, it may be answered, that though traffick, pleadings, and all publick Acts of Justice were exercised by and under her for the same time, yet wanted she the complete consent of the people, Edition: current; Page: [7-452a] all the people generally disaffecting and disliking her Government, which was apparent by their publike rejoycing at her death.

Besides Jeboiada by the impulse of God, as a publike Magistrate and Tutor of the Prince, to whom by the decree of God, the Kingdom of Judah did remain, which was irrepealerable, might lawfully Act what he did against Athaliah,Got. de Jur. l. 1. c. 4. though her Raign had been of longer continuance, at Grotius seemeth to intimate.

To the third question, Whether the removing of a Tyrant is like to prove of advantage to the Commonwealth, or not; he can scarce perswade himself to say any thing, because he thinks that needless, and all one to enquire whether it is better the man dye, or the impostume be launched, or the Gangreen Limbe be cut off: yet be there some, saith he, whose cowardice and avarice furnish them with some Arguments to the contrary, and would feign make the world believe, that to be base and degenerate, is to be cautious and prudent; and what indeed is a servile fear, they basely call a Christian patience; and that with continuance in slavery they have lost their courage, and with their courage their Fortitude.

And thus would he perswade his Auditors to precipitate themselves into mortal dangers, upon the rumination of his precepts, as Cleombrotus vainly did on Plato’s, without any prudential circumspection or caution.

De regnis Inst. l. 1. c. 6.But he might have Learned a more wary Lesson of his Master Mariana, who though he Fathers his impious principles, yet adviseth he every man to be cautious how he enterpriseth such a dangerous attempt. Attente saith he, cogitandum est; we ought seriously to consider what moderation and reason is to be observed in expelling a Tyrannical Prince; least one evil be heaped on another, and one impiety avenged by another; and the safest and expeditest way is, if a publike assembly may be called to deliberate by common consent, what is to be determined: And especially the Prince is to be admonished, to be recalled to health; who if he obey and satisfy the Commonwealth, I think it fitting to desist, and not use bitter and sharp Remedies. But his Master Mariana’s provident Instructions are too dilatory for this Monsters heady Resolution, who will rather hearken to the Counsel of his prime Apostle Machiavel, That men deceive themselves, saith he, to mollify arrogancy with humility; a Tyrant is never modest but when be is weak, ’tis in the Winter of his fortune when the Serpent bites not; we must not therefore expect cure from our patience, and suffer our selves to be consened with hopes of amendement;Matt. 18. 15. though our Saviours Counsel is, that if our Brother trespasse against us, we should first tell him of his fault privately; and if he hear us not, to tell him of it before witnesses; and if he refuse them, to tell it to the Church: but if he refuse the Church also, let him be as an Heathen and Publicane. These are the degrees of charity every Christian is to observe in admonishing his Brother, before he exerciseth the severity and extremity of Justice; because as our Saviour saith, by that means we may win our Brother, and he is little less then an Infidel & Publicane that refuseth so to do. Nay, God himself never strikes but he denounceth his admonitions that they might repent; as he did by Eliah to Ahah, by Jade to Jeroboam, by Jeremiah to Zedekiah, and by Daniel to Nebuchadnezzar: Edition: current; Page: [7-452b] and in civil affaires admonition ought to precede Processe; Non autem de necessitate, sed de urbanitate, & honestate,Tholas. Synt. l. 32. c. 3. not for necessitie sake, but for civility, and honesty; so as this Impostor seems in this sudden fit to be void of all Piety, Civility, and Honesty; and like a Brain-sick Mountebanck will cut off the Limbe, before it appeares to be a Gangrene or immedicable, and lance the Impostume, which with Soveraign Salves may be cured, and Judge that a Gangrene and Impostume which is none. Yet this Impostor saith, Nemo unquam impertum flagitiis quæsitum benis artibut exercuit; never did any man Mannage the Government with Justice that got it by wicked meanes: The longer a Tyrant lives, the more the Tyrannical humor encreaseth in himself.Tac. l. 1. Hist. But this is part of Pisos speech against Otho, who was a competitor with him for the Empire; and therefore the lesse authentical: And if Flagitiis is understood by force and might, as this Impostor in this pamphlet seemes to take it, then this position is not generally true, for Julius Cæsar who gained the Empire by force, and is stiled by Victor Invasor,Vict. vita Cæs. was as he saith, iam pacis bellique artibus clarus, & imprimis clementia longe clarissimus, most famous in Peace and Warre; and especially in clemency most famous:Ib. vita Aug. And though Augustus was Dominandi susræ modum avidissimus, and by might obtained the Empire; yet for his candid Demeanor and civil Justice was he so beloved, and honored after his decease by the people, that they wished ut non nasceretur, aut non moreretus, that he had not been born, or had not died:Grot. l. 3. c. 14. besides Grotius saith, Tyrannt interdum libertatem reddiderunt; Tyrants sometimes have restored Liberty; & Tacitus himself in the same sense, Vitia erunt donec homines, sed nec hæc continua, sed interventu mesiorum pensantur; there will be Vices as long as there be men;Hist. l. 4. but these are not continual, but are recompensed by the intervening and supply of better things.

But what, saith he, would succeed, if a Tyrant should be removed? I will tell him, that cura pejor sit morbo; the cure may be more dangerous then the disease. And as his Master Mariana saith, one evil may be heaped on another; and one Impiety avenged by another: and all Historians will shew him the lamentable events of such preposterous and precipitated mutations, which many times beget effusion of blood, ruines, and sacking of Cities, and sometimes the destruction of Cities and Kingdoms. But I will rather instance in some ancient Examples then Novel, which as yet adhere in the minds and mouthes of men: it is not unknown to those who are versed in Annals, that of all the Grecians none were more renowned then the Spartans, either for the glory of Military, or severity of Civil discipline: but they when they could not endure the Dominion of Agie because it seemed to be a Tyranny; conspired against him,Cic. Tull. Offic. and openly slew him: But what were the Fruits of this unhappy Slaughter, Tully doth shew us; Ex eo tempore, from that time, saith he, the strength of the Lacedemonians did fall into divers Stormes and Tempests of adversities; and did suffer all the calamities of a miserable state. And what succeeded the Barbarous slaughter of Cæsar, but most dangerous and mortal Divisions among the chief, who being inflamed with the hope of obtaining the Empire did by their Dissentions tear the Bowels of the Commonwealth in pieces? Edition: current; Page: [7-453a] Insomuch that the people complained, as Tacitus relateth, prope eversum orbem,Histor. etiam cum de principate certaretur; That by the Dissentions of men, concerning the principality, the whole world was turned upside down: Which Cæsar himself presaged, who being informed of some Nocturual conjurations, and meetings of some Malevolent persons, did checke and reprehend them saying and Prophecying of himself, Non tam sua quam Reipublica interesse ut salvus fieret, That it reflected not so much upon his own good, as the welfare of the Commonwealth, that he should be safe; and that for himself he had got abundance of glory: but the Commonwealth, if any such thing should happen, would not be quiet and peaceable, but in a worse condition then before.

In Plut. in Bruto.And therefore is the safety of a Tyrant more to be desired then his Slaughter, because commonly civil Warres thereupon ensue: for as Favorious, A civil Warre is worse then an unlawful Dominion; which Cicero, who could best judge of the best State of a Commonwealth, in his Epistle to Pomponius Atticus, in the time of the civil Warres writing of them, acknowledged, Ego autem usque eo enercatus sun, as malim [Editor: illegible Greek word]τυϱαιῦσθαι quam cum optima spe dimicare; But I, saith he, am so out of heart and cast down that I had rather live under a Tyrant, then fight with the best of hopes. And therefore after the civil Warres were ended, and the Empire placed on Augustus,Lib. 1. Ann. the people wisely, as Tacitus writes, novis rebus aucti tuta, & præsentia quam vetera & periculosa mallent: being augmented and advanced by their new Government, did desire rather those present times which were safe, then those preterite which were dangerous. This needs no application to the condition of our State: Res ipsa loquitur.

Golden Grove. l. 3. c. 1.Besides it is observed, that according to the French Proverb, Un mal traine un auter, one evil draws on another; and commonly that one Tyrants head being cut off, three more may arise in their roome; so the people of Rome by the avoiding the Scilla of one Tyrant, to wit Silla fel headlong into the Charybdis of many Tyrants, which more perplexed them. To which purpose Valerius Maximus reporteth a pretty Story of a certain old Woman, who,L. 6. c. 3. when the Syracusians did fervently desire the end and expiration of Dionysius the Tyrant, did poure forth her Prayers for his health; and being demanded of the Tyrant (wondring at her undeserved reverence to him) for what good turn she did so: answered, that she being a Maid, and living under a grievous Tyrant, desired to be rid of him, who being slain, a more cruel Tyrant possessed the Castle, and that she also wished a period to his Dominion, which also was effected, and that then a more outragious Tyrant succeeded him: And therefore saith she, fearing that you being taken away, a worse might possesse your place, she did devote her Prayers for his safety: A grave though a Fœminine answer, which deserves to be placed among the famous Apothegmes; for it is generally observed, which also is verified in the succession of the first Roman Emperor, that the latter commonly is worse then the former.

Tiberius, as Dion. saith, was cruel, and a dissembler; and was sublated by poison, whom Caligala succeeded, an incestuous, Prodigal, and Luxurious Tyrant, and incestuous with his Sisters, whom Cherea murdered. Edition: current; Page: [7-453b] Claudius succeeded him, who was a Slave to Messalinæ and his Servants, and was poisoned with a Mushroome; whom Galba succeeded, who was inexplebilis pecuniæ, a Slave to his Coffers; which is a most abominable vice in a Prince, who above all others ought to be magnificent; for which vilenesse he was slain by his Souldiers. Nero succeeded him, who was a detestable Monster, defiled his Mother, and after murdered her; he was condemned by the Senate; and for fear of shame executed the office of Hangman upon himself. Not long after Vitellius took upon him the Empire, who was nothing else but drunkenesse and gluttony, and of all the rest died most shamefully and miserably; Ætas parentum pejor avis, and seldome comes a better. Onely Vespasian, saith Tacitus, in melius mutatus erat, was changed into the better. I could Load you with Examples of this nature, but my Intention is not to be tedious and burthensome: But let us perpend what this Impostor saith to it: It is phrensy, saith he, and ridiculous policy, to suffer a certain misery for a contingent one, and let the disease kill us because there is danger by the cure, and ne moriare mori, and not to desire a change, when we are certain we cannot be worse: Cujus contrarium verum est, & in this case the contrary is true; for we suffer not a certain misery; and if we change, we may be worse; for we now possesse plenty and peace, which are optima rerum, the best of things; and upon the change may probably fall into civil dissentions, and have a worse Government, which is pessima rerum, the worst of things: and therefore as Cicero in the same case affirmeth, omnis pax bello civili utilior videtur: Any peace seemes more commodious then a civil Warre. And whosoever should attempt such an infernal Act, is sure to under go a certain, not a contingent misery, and no lesse then capital censure, and losse of Life; unlesse with this Impostors brave Syndercombe he prevents it with a ne moriare mori; for discovery, vengeance lies at there door; and the Lord doth never, or rarely permit such impostors to escape Divine Justice: Augustus, as Suetonius Historiseth it, non ultima quidem sortis hominum conspiratione & periculo carnit,Vita Augusti. wanted not the dangerous conspiracies of the meaner sort of men; yet were they discovered or suppressed, priusquam invalescevent, before they were of any validity, and incurred the fatal stroke of the Sword of Justice: And to come nearer the state of the question, Leonagistus,Golden Grove. l. 9. c. 1. an ancient King of the Gothes in Spain, both a Tyrant and a Arrian, pursued the true Christians, and exiled his own Son, because he was of the true Religion; whereupon this young Prince being moved at the persecution of the Christians, did twice raise Armes against his Lord and Father: At the first he was taken captive and banished, and at the second he was put to death on Easter day. So Nebuchadnezzar being a Tyrant and Persecutor of the Jews, who were then Gods people, yet because Zedekiah rebelled against him, who was then his Soveraign, was he put to flight, and he and his Sons taken Prisoners,Ann. Dom. [Editor: illegible word]. who were slain before his eyes, and himself bound in chaines, cast into Prison, and both his eyes put out, where he remained till the day of death. Two notable Examples of the effects of Gods Judgements against two Princes for rebelling against their Soveraign. More precedents to this purpose are recorded in the Volumes of preterit Stories, quam Edition: current; Page: [7-454a] muscarum cum calctus maximè, then flies in the heat of Summer: but I Study Brevity, especially in so a clear case; how soever it is resolved in this Impostors Junto, that his Highness is to be killed; but he onely questions the manner how; some, saith he, are of a strange opinion, that it were a generous and noble Act to kill his Highness in the Field, but that pleaseth not his Spirit, knowing well that he is impar congressus Achilli, and that he is stronger in the Field then in the Court, and doth not like the hazard, blood and confusion that thereupon might ensue: but he would have him catched in a Ginne,Fol. 9. and slain by a Stratagem; for, saith he, The most Lawful way to destroy him, is the readyest; no matter whether by force or fraude.

Regis Inst. l. 1. c. 7.And by consequent, saith Mariana, no matter, if by poison, especially, saith he, the faculty of Acting by fraude being granted. And for this reason, because saith this Impostor, it may be so effected with lesse hazard, blood, and confusion, which makes no difference between open force, and private fraude, for though he be not removed by a precedent bloody War, yet a subsequent Warre may happen as dangerous and as bloody as it, as it did upon Cæsar, and Richard the seconds Slaughter; which was the cause of the greatest confusion and effusion of blood between the Houses of York and Lancaster, that ever embroyled this Nation, wherein four score of the Blood-Royal perished. As also of the losse of France, which as Philip Cominaus, Secretary to Lewis the eleventh King of France, averreth, we might have retained, had not those divisions intervened and impeded us; such are the fatal effects of the murder of Supream Magistrates, though supposed Tyrants.

Aristotle.And though it is more generous and more noble to kill the Enemy in the Field, then by fraude; and that a magnanimous man loves to speak freely and truely; and a generous mind knows not by stealth to conquer his Enemy; as Alexander, though he were Advised by Varmenio, to conquer his mighty Enemy Darius by circumvention, refused so to do, holding it more glorious, Aperto Marte, by dint of Sword to gain the Victory, because thereby the mind of the Enemy is perpetually conquered, and forced to confesse the Victory, as Claudian,

Confessos animo quoque subjug at hostes.

And which generally also was the practice of the Romans, unto the end of the second Punique Warre; yet is fraude by the stoutest and sagest Captains ranked in equal posture with strength and might, as Ulysses,

Virg. Æn. 2.——— Delus an virtus, quis in hoste requirat.

And as by Fabius Maximus,

Silius Ital.Et in virtuti placuit delus.

And according to the vulgar Verse:

Nil refert armis contingat palma, dolove.

Quest. 10. super Jos.And as Austin, it appertaineth not to the Justice of Warre, whether it be Acted by force or fraude.

And to give the Devil his due, such prudent fraude and craft is to be preferred in Martial enterprises, before force and might of hand, because as Vegetius,De re Militar. aperto Marte commune est periculum: In open fight the danger is common and equal; but Ex occulto, by a close and suddain fight, the Enemy Edition: current; Page: [7-454b] may be either vanquished or put to flight with little losse and lesse danger; which was the cause of the Ceremony of the Lacedemoniant (who of all the Grecians were the best warriours) that they (when they overcame the Enemy by Stratageme) did sacrifice an Oxe to Mars; but when by open strength, a Cock; preferring the utility of the first before the magnanimity of the latter: And therefore Chrysostome chiefly commended those Emperors, who by fraude obtained Victories.Chrysostome l. 1. de sacerdotre. But what doth all this avail to this Impostors drift? for though such Stratagemes are approved between Prince and Prince, Captain and Captain; yet are not such violent fraudes allowable between private persons in a peaceable Commonwealth, much lesse to Subjects against their Magistrates, who are to obey Magistrates, as the Apostle Paul saith, and to be subject to Principalities and Powers; for that were cælum cum terra miscere, to confound Heaven with Earth, and make a Chaos or confusion in the Commonwealth, and therefore by all Princes condemned as Capital.

And though Empoisoning is lesse turbulent, because more occult; yet is it more excerable and detestable,Grotius de Bello l. 3. c. 4. and exploded by the Law of Nations, even in military affaires. Which Tiberius (subtil enough to do mischief) refused to Act on his terrible Enemy Arminius, of which Grotius gives the reasons; because the perils of Warre (which were frequent) should be too much extended. And that Princes (whose lives before others are defended by Armes) are lesse safe then others from poison: Yet Mariana (this Impostors Tutor) who approves the killing of Princes by poison, whom he calls Tyrants, if they do not please the Pope;De Regis Inst. l. 1. c. 7. yet alwayes with this modification, That it is better to poison a Tyrant in his chair, or in his habit, in imitation of the Moores, then to poison his drink, for fear the Tyrant may be guilty of killing himself, and that it may prejudice his Salvation.

Bourbier de la foy. Fo. 730.Certainly a great Example of charity saith Pierre du Mouline Ironically, that those Fathers should have a cure of the Soul, when they cause the Body to be slain; and yet extols the Murder of Jacobim the Monk, for killing with a poisoned Knife Henry the third King of France, saying, caso Rege,De Regis Inst. l. 1. c. 6. ingens sibi nomen fecit, That he got himself a great and excellent name by killing him; for which the Pope gave thank to God in a full Consistory, without any charitable respect to the Soul of Henry the third:Pet. Mol. b. d. f. 129. Such charitable Fathers hath this Impostor.

And though the Gothes, and the Parthians, and the Moores, did infect their Weapons with poison, and double the causes of death;De Nugis Cur. l. 1. c. 9. yet hath it alwayes been abhorred of most Christians, and especially of the ancient Brittains, as Johannes Sarisburiensis (the Disciple of Thomas Becket) writeth, Quod Britannia veneto abhorruit, & in principes non novir, sed pro suis principibus invictos gladios exerecre: That Brittany abhorred from poison, and did not know to exercise their invincible Swords against their Princes, but for their Princes.Bakers Hist Q. Eliz. Reign. F. 553. And such poisoning Plots were not heard of in our Nation, until some Spaniards thinking to make Queen Elizabeth away by poison, and not daring to trust any English man in such a businesse, did treat to that purpose with Rodericke Lopes a Jew, and Physitian to the Edition: current; Page: [7-455a] Queen, with Ferrara Loysy and other Portugals, who came into England at that time in Relation to Don Antonio, but were discovered by the Interception of their Letters, and were all condemned and executed at Tyburn,

But now he begins to rave, and like Ajax is angry without sear or wit;

——— Calido sub pectore bilis

Intumnit, quam non extinxerat Urna cicute.

Perseus sat. 5.He presageth, and truely that his senceless projects will not prevail with ingenious Auditors; and that he doth

——— Væntis persundere verba,

Vent his mind to the wind; and therefore gives over his seducing exhortations, and vomits out the Venone of his rancour and bitternesse against every one. What have we of the Nobility (saith he) but the name? The Luxury and the Vices of them. Poor Wretches, those that now carry the Title, are so far from any of their Virtues that should grace them, and indeed give them the Titles, that they have not so much as their gentrous Vices, Indignation, and Ambition.

And wherefore all this but that the Nobles are so virtuous and pious, as to submit to the good pleasure of the Almighty, and not madly (as he doth) to kick against the Prick.

What have the Ministers, saith he, or what indeed desire they of their calling, but their Titles? how do they tacke the Scriptures for flatteries, and impudently apply them to his Highness? And why this also? but that they derive his Highness Authority from the power of the Scriptures, and Minister the sincere Milk of the word, and in plain evidence of the Spirit and power, and not by the enticing Speech of mans wisdom, as he doth the contrary.

What is the City, saith he, but a great tame Beast that eates, and carries, and cares not who rides it? And this too, because they prudently and cautiously affect peace and tranquillity, and will not be rid by such a mischievous Baboon, nor driven through his instigations to rush into the Battail, like the Horse and Mule that have no understanding. And what, saith he, will not the Army fight for? what will they not fight against? what are they but Janisaries and Slaves themselves, and making all others so? But it is an old saying, that one Fool may propound more questions then twenty wise men are able to answer; but he hath here propounded many questions any Fool may answer.

What will not the Army fight for? saith he: Who knows not but they will not fight for such seditious, and turbulent Traitors as he? and who knows not what they will not fight against? not against their couragious and Victorious General; and their magnificent, and courteous Lord and Protector; and who knows not that they are not Janisaries, but their Generals Commissions and fellow Souldiers; not Slaves, but Commanders, and have freed us from Slavery; and as it is said in, the peoples late Representative, restored us to peace and tranquillity?

At the last saith he, What are the people in general, but Knaves, Fools, and Cowards, principled for ease, vice, and Slavery? But who knows not that their honosty and fidelity exceedeth that of other Nations, and that in that respect Anglorum fides, among Christians may passe for a Proverb; as anciently Edition: current; Page: [7-455b] Artica fides did among the Grecians? And he hath forgotten what his holy Father Pope Gregory called them, Angli, quasi Angeli, for their feature, and honesty; and fools they are not, because they will not swallow this Impostors principles of knavery, which none but fools and gudgeons will? And who dares call them so, whose renowned valour is ecchoed and resounded within the circumference of France, Spain, and Germany, and are not principled in ease, vice, and slavery as he saith, but employed in noble and virtuous actions, for the glory of their Countrey?

And as for Slaves, that Tenure hath been long since exiled England, Et nanquam Libertas gratior extat, We never enjoyed more gratious Liberty; And those Epithites do more properly appertain to himself. For doth not he play the knave and fool too with the Nobles, Ministers, Citizens, Parliament, People, and with the Counsel? yea, the Protector himself almost in every passage of this pamphlet?

And who will not judge him a Fool, whose peevish conceits end in his own destruction, which questionless will fall on his petulant noddle? Et Sapiens incipit a fine, And a Wise man begins from the end. And a Coward certainly he is, and dares not appear in the open field,Virgil. Æneid. though a professed Souldier,

——— Et larga est issi copia fandi

Tunc eum bella manus poseunt.

And it bragging and prating when he should be fighting.

Syndercombe is the onely Patriot, he deems worthy of his Elogies, who he saith, hath shewed as great a mind, as any Old Rome could boast of; and had be lived there, his name had been registred with Brutus and Cassius, and had had his statue aswell as they; and so he might; for Brutus and Cassius had no statues erected to them in Rome; And if they had not fled from Rome, the people had served them as they did Cæsar, so much they abhorred his barbarous murder; But on the contrary, besides statues, the people erected a Columne of the purest stone, almost of twenty foot long to Cæsar, and placed it in the Market-place, in which was engraven Pater Patriæ. And also erected a Temple to him in common with the Goddesse of Clemency, and conferred many Divine honors on him. But all the honour that Brutus and Cassius gained, was their miserable self-murder, and rather for the same merited a stake knocked in their graves, then statue in the temple, with his desperate Syndercomb, who instead of taking away his stake from his grave (which this Impostor would have) deserveth to have his head fasined to the top of a long pole, and set on the top of Newgate according to the English custome, as an ensign of his traiterous intention, and spectacle of infamy, which is the onely statue or monument this Impostor must expect for him. Yet do I not much wonder why he is so profuse and excessive in his commendations, when I observe that he chiefly praiseth him, for that neither bribes nor terrors could make him betray his Friends, whereof he may be supposed to be one, and that Mulus Mulum scabit, One Knave clawes another.

And at the last I cannot but observe that this Impostor in three passages of this pamphlet, hath been tampering with the Army to perswade them-against Edition: current; Page: [7-456a] his Highness, and hath excogitated an irrefragable reason, as he suppeseth, whereby to effect it [Editor: illegible word] ’Tis a Rule saith he, that Tyrants observe when they are in power, never to make use of them that help them to it. And indeed, saith he, it is their interest and security not to do it: for those that have been the Authors of their greatness being conscious of their many merits, they are bold with the Tyrant, and lesse industrious to please him; They think all they can do for them is their due, and still they expect more; and when they fail in their expectations, as it is impossible to satisfie them, their disappointments make them discontented, and their discontents dangerous.

His Rule is experimentally false; for Princes whom he stiles Tyrants, when they are is power make use of those, and prefer them that helped them to it, until they grow insolent in their demands, and offensive in their discontents.

Victor Vita Nervæ.But true it is, that it is a most difficult thing to please and satisfie those that advanced him, and lecture them from discontent, which made Nerva to complain, after he had taken upon him the Empire, that he was not onely subject to many vexations and perils, but to the censure not onely of his Enemies, but of his Friends: Qui cum mereve omnia præsumant, si quiequam non extorseriat, atrociores sunt ipfic quoque [Editor: illegible word], Who when they presume to merit all things, if they cannot extort; what they desire, are more bitter and dangerous then their Enemies themselves.

And therefore is every Prince and Emperour between Scylla and Charibdis, two dangerous Rocks, to wit, their enemies and their Friends. And though by their Friends influence they keep their Enemies in aw; yet many times their deserts make them to forget themselves, and in a most dangerous manner to oppose their Princes, if they correspond not with their peremptory votes which hath Moved Princes sometimes to lessen their power, and other times severely to punish them According to the degree of the contempt;Bak. Hen. 7. of which a rare Example we have in the uncivil deportment of Sir William Steanley towards Henry the Seventh, who at the Battail of Bosworth, came in to rescue him, when he was in danger to be slain by Richard the Third, and afterwards did set the Crown on his head, which was found among the spoils; for which Noble Act he promoted him to be one of the Privy Councel, & Lord Chamberlain of his Houshold, and gave him the Ample Spoils of the Victory, and otherwise abundantly rewarded him, insomuch as at his death were found in his Castle in ready money Forty thousand Marks besides Plate and Jewels:Bacon. Hen. 7. Yet because Henry the Seveth refused to grant him one inconvenient boon (to wit) to be Earl of Chester (which was an Appennage to the Principality of Wales, and an honour appropriate onely to the Kings Son) he fell into a mischievous discontent, and began to incline to Perkins, and as some say, to aid him with mony; but certainly to prefer the Title of York before that of Lancaster, which appeared by his own confession, in saying that if he certainly knew that Perkins was the son of Edward the fourth, he would never fight, nor bear arms against him, for which words he was arraigned, condemned,Bak. Hen. 7. and beheaded; and all his former merits buried in the grave Edition: current; Page: [7-456b] of this conditional treason: and in this sense, is that true that the Impostor saith, that a Prince will never trust those he hath provoked, and fears, and will be sure to keep him down, least he should pluck him down.

And in such cases a Prince is not at liberty to shew mercy as a private man may; for a Prince,Coke l. 5. f. 124. as Sir Edward Coke, is Caput & salus Reipublice, the head and safety of the Commonwealth. And as from the head health is conveyed to every part of the body, so from the Prince safety is conveyed to every part of the Common-wealth, and every private person hath interest in the safety of the Prince, because his safety is their safety; and therefore a Prince ought not freely and absolutely to shew mercy to such traiterons malefactours, because the Commonwealth is intercessed in it.

Et pereat unus ne pereant omnes. It is better that one perish, then all suffer; And a Prince (to use that Impostors allusion) may use such friends (who abuse their trust, and conspire against him, and are not onely useless, but obnoxious to the Commonwealth,) as Dionysius did, hang them up like Bottles, and not incurre the rule of a Tyrant, but be adjudged a wise Prince, as Henry the seventh was.

But now this Impostor is acting the last Scene of his interlude, and as in a Tragedie, in the beginning or Protasit, he was very pleasant, so now in the Catastrophe he is very rigid, and threatens nothing but death. ——Intentant omnia mortem. And verily all his passages would better become a Scenical Stage, then a Princely Court, wherein he layes his bloody Scene, and like an imposthumed stomack vomits nothing but blood. Though brave Syndercombes great spirit saith he, be suppressed, yet there are a great rowl behind even of those, which are in his own muster-rowls, that are ambitious of the names of Deliverers of their Countrey, and do know what the action is that will purchase it. Which they all know to the contrary,See the Humble Advise fol. 2. that his Highness eminently, and the Officers and Souldiers of the Army subordinately, have (under God) been the Deliverers of their Country, and Restorers of our Peace and Tranquillity, whose faithfulness to the Commonwealth, the late Parliament gratefully and publikely acknowledged, and that they shall put a just value thereupon, to their general satisfaction. In vain therefore doth this Impostor go about to fright his Highness with a supposition of their infidelity, whose constancy as a rock is irremoveable,Auso. and with one voice averre.

Nec feret isla dies ut commutemur in æus.

And further with a bug-bear he thinks to fright his Highness as others do Children: His Bed, his Table saith he, is not secure: and he stands in need of other Guardes to defend him against his own. But those are but Figmenta & terriculamenta puerorum, Feigned and childish scarre-crowes,Ju. and are above credulity.

Nec pueri credunt, nisi qui nondum are lavantur.

For he who hath the wisedom to win the affections of a potent Army, cannot want the purdence to gain the love of his own Family, which as Cleobolus, is the best Oeconomy to govern by love, not fear,Macrob Sar. 1. s. c. 11. as his Highness doth, who as a greater Pater familias as Macrobius adviseth, useth his Followers as Familiars, and not as Servants, but as Fellow-servants.

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Beisius de Nat. Ep. ad Max.And also his Highness Court is by his Virtuous and Religious Example formed and fashioned into such a pious and civil frame, as the Emperor Maximilian was, that no Christian family can be better instituted, and instructed; and therefore his Followers cannot be inscious, what an abhominable, and odious crime it is to betray their Lord and Master not onely in respect of them to whom by mutual relation they are obliged to be faithful, but in the apprehension of others, and even of those who have instigated them to commit such a detestable fact, and received benefit by it, and yet punishing them for it?

Patric. de Princip. Tit. 20.As we read of Publius Servilius, who being with C. Marius and L. Sylla Condemned as Enemies of the people of Rome, hid himself in a private Village, but was betrayed by his Servant, and so slain, whom for his prodition they first rewarded, and then as a Proditor precipitated from the Tarpeian stone.

Patric. de Princip. Tit. 20.And so Sylla the Daughter of Nysus, who inflamed with the love of Minois, upon his promise to her of marriage, betrayed her Fathers Palace to him; but in stead of standing to his promise, he married her to the Ocean, and precipitated her to the bottom of the Sea.

Dion. l. 60.And so it is also related of Claudius, that before he had gotten the Empire, he was assured it by Cassius, Cheræa, and Lapys, who slew Caligula, yet after he had possessed it, he caused them to be punished with death. Because though Caligula for his cruelty deserved to be cut off, yet ought it not to have been done by Cheræa his Tribune to whom the safety of the Prince was committed: for how can a Prince expect that he will be faithful to him, was perfidious to another?

Niceph. l. 14. c. 16.And if Philip of Macedon, who above all other Princes approved Proditors, will give them a reward, yet did he permit his Souldiers to taunt them and call a Spade a Spade.

To which purpose Nicephorus reported of Constantius, that when he had conquered Zadochius who rebelled against him, and put him to flight, and forced him to repair to his familiar Friend Eudicius for refuge, who had received many benefits from him, yet in the night ungratefully cut off his head, and in all haste carried it to Constantius, who gave him thanks for it, but would not permit him to remain with him, neither did he think the company of a perfidious Friend to be good matter or example to himself, or army: Insomuch as if Proditors sometimes escape capital punishment, yet can they never avoid capital hatred.

By such Patterns and Examples as these, which his Highnesse Gentlemen and Servants have learned in their Academy (for what is his Court but a little University? so studious are they of any erudition) are they settled and confirmed in their fidelity and allegeance, that his Highness doth not stand in need of another Guard to guard them, as this Impostor pretendeth: for they are his privy and Cabinet-guard, and nearer to him then his Life-guard, who in all privy and secret passages are prompt at hand, girded with their Swords to guard and defend his person with hazard of their Lives.Pol. Virgil. l. 1. c. 17. As the couragious Servant of Maurice Duke of Saxony, did, who of late years seeing his Master suddainly assaulted by certain Turks that Edition: current; Page: [7-457b] lay in ambush, and cast from his Horse, covered him with his own Body, and valiantly repelled the Enemy, until certain Horse-men came in, and saved the Prince, but died himself a little while after, being hurt, and wounded in every part of his Body.

Or as the undaunted and adventurous Esquire of the Duke of Guyse,Jean de Stres Charry f. 446. who seriously surveying a Trenche, a certain Souldier levelled a Harquebusse at him, which his Squire espying as it was firing, suddainly casting himself between them, and with the losse of his own Life, guarded his Masters.

Or else as that affectionate Servant of Urbinus,Macrob. Sat. l. 1. c. 11. who being commanded to be slain, hid himself in a secret place, but being betrayed, one of his Servants changed his apparel with him, and put his Ring on his finger, whom the Souldiers rushing into his Bed-chamber, supposing him to be his Master suddainly slew him, by which meanes his Master escaped.

I could furnish you with many more Examples of such Noble Servants, who have sacrificed their Lives for their Masters safety; but I hasten to an end; Pulchrum est pro Domino mori, It is a most glorious act to die for a Master; for which many Servants have been graced with Noble Elogies, and registred in the Monuments of Eternal Memory.

At the last this Hobgoblin would fright his Highness with the formidable judgements of God out of the Scriptures; which he abuseth as the Devil did, when he tempted our Saviour, and have more analogy and proportion to this Impostor then to his Highness.

For those places of Scripture which he thundreth out of Job, against him, are judgements generally denounced by the Spirit of God against the wicked for their evil and wicked imaginations, and machinations; and therefore I do truly, and properly applie them to himself Death and Destruction pursues him wheresoever be goes; they follow him everywhere.Job. 20. 24. Darkness is hid in his secret places. A fire not blown shall consume him: he shall flee from the Iron Weapon, and a Bow of Steel shall strike him through: The Heavens shall reveal his iniquity, and the Earth shall rise up against him.Ver. 27. That the eyes of the wicked shall fall, and they shall not escape, their hope shall be at the giving up the ghost. And so I fear it will be with him, for before the giving up the ghost he will never repent, or be good.Job 10. 21.

But to his Highness the antecedent Verses may justly be ascribed: Thou shalt be secure, because there is hope, thou shalt digge about thee, and thou shalt take thy rest in safety. Also thou shalt lye down, and none shall make thee afraid;Horat. Ep. yea many shall make suite unto thee.

———Rex eris, ajunt,

Si rectè facios; hic murus abeneus esto

Nil conscire sibi, nulla pallescere culpa.

Thus would this Monopoly of mischief have frighted his Highness with pernicious and deadly Threates; who though Pyrrhus and Hanibal were ad portas, yet would he not fear them, no not the principalities and powers that dwell in high places; nor all the crafts and subtilities of the Devil, or this Impostor himself, who is one of his most pretious Imps; for the Lord is with him: But on the contrary, his Highness hath struck him Edition: current; Page: [7-458a] into such a fright,——Ut mote ad Lunam Trapidabit arundinis umbram. That he is afraid that every shadow is a Messenger: And that he shall not escape the hand of Justice.Horat. l. 1. Ep. 10. And though the Monster lurk in Catos cave, yet not withstanding his preposterous steps will be discovered; his foot shall slide in due time, the day of his destruction is at hand, and the things that shal come upon him make hast, for the Lord hath forsaken him, because he hath forsaken the Lord, and followed that which is evil, and not that which is good: And this also may be said of his confederates and accomplices, that, because they partake of his villanies, they shall participate of his infamy.

And thus have William Allens parturient mountaines produced a pittiful and ridiculous Mouse; who with it for shame were best to conceale, and hide their heads in some obscure chincke or corner, and never appear again, either in the light or night, for fear the Dog or the Cat catch them, which night and day watch, and observe their peepings.

A word to his Post-script.

JUdicious Reader, expect two or three Sheets more of Paper, in refutation of this Impostors Jesuitical Opinion, if in the mean time he escape the Halter of the Hang-man, which he himself not without just cause doubteth; and which I presage will be the Castrophe and conclusion of his Tragical design; for though the fugitive Sculk in some forrein seminary; yet the false Spirit may move him to come over into his Native Countrey, to do more mischief, and to receive Sentence according to his deserts.

Vivat PROTECTOR.

FINIS.

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16 February 1659

33.

7.33 Anon., The Leveller: Or The Principles & Maxims Concerning Government and Religion (16 February 1659).

Editor’s Introduction

(Placeholder: Text will be added later.)

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THE LEVELLER: OR, The Principles and Maxims, concerning Government and Religion, which are Asserted by those that are commonly called LEVELLERS.

WHen the Sect of the Christians first arose, the Tyrants wrapped them in Beasts skins, to provoke the Wild Beasts to rend them in pieces; and when Christ their Lord descended to Earth, the Priests and Pharisees, (finding his Doctrine and Holiness against their Interest) cast upon him all the dirt of Blasphemy, Drunkenness, and Confederacy, with the worst of Sinners; and to make sure of his life, they rendred him an Enemy to Government, and told Pilate, that he was no friend to Cæsar, if he let him go: It hath been the common practice of all Tyrants, to cover the face of honesty with the mask of scandal and reproach, lest the Edition: current; Page: [7-461a] People should be enamoured with its beauty; ’tis a Masterpiece in their Politicks, to perswade the People that their best friends are their worst enemies, and that whosoever asserts their rights, and liberties, is factious and seditious, and a disturber of their peace; did not the Grachi in Rome by such policy perish by the Peoples hands, whose liberties they sought to vindicate. And do not some English men now suffer deeply upon the same account, from the Peoples hands for whose sakes they have prodigally hazarded their estates and lives; are not some lovers of their country defamed and esteemed prodigious monsters, being branded with the name of Levellers, whilst those that reproach and hate them, neither know their principles, or opinions concerning Government, nor the good they intend to their very enemies; those that have designed to prey upon the Peoples estates and liberties, have put the frightful vizard of Levelling, upon those mens faces, and most People are agast at them, like children at Raw-head and Bloody-bones, and dare not ask who they are, or peep under their vizard to see their true faces, Principles and designs; doubtless if the People durst but look behind them upon the Bug-bear from which they fly, they would be ashamed of their own childish fear of the Levellers Designs, to make all mens estates to be equal, and to devide the land by telling Noses, they would easily discern (if they durst consider it) that no number of men out of Bedlum could resolve upon a thing so impossible, that every hour would alter by the birth of some child, if it were possible once to make our equal shares; nor upon a thing so brutish and distructive to all Ingenuity and Industry, as to put the idle useless Droan into as good condition, as the laborious useful Bee: Neither could the people think that any number of men, fit to be feared (rather then scorned and pittied) could gain by Levelling estates, for they can never have power and interest enough to disquiet the nation, unless their estates be much greater, than they can be possible upon an equal devision; and surely ’tis a Bugbear fit for none but children, to fear any mans designs, to reduce their own estates to little better than nothing, for so it would be, if all the land were distributed like a three-penny-dole.

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But to satisfie such as desire to know, what they are, who are now for destruction sake (though formerly by their enemies scandalously) called Levellers, and what their designs are; I shall tell you their Fundamental Doctrins or Maximes, concerning our Government, and from thence you may make a true Judgment of all their Plots, and either fear them, or favour them accordingly.

I. First, they Assert it as Fundamental, that the Government of England ought to be by Laws, and not by Men, they say, the Laws ought to be the Protectors and preservers under God of all our persons and estates, and that every man may challenge that protection as his right, without a ticket from a Major General, and live under that protection and safely, without fear of a Red-coat, or a Pursevant from White-Hall; They say, that English men ought to fear nothing but God, and the breach of the Laws, not to depend upon the will of a Court and their Council, for the security of themselves and their estates: They say, the Laws ought to Judge of all offences, and offenders, and all penalties and punishments to be Inflicted upon Criminals; and that the pleasure of his Highness, or his Council, ought not to make whom they please offenders, and punish and imprison whom they please, and during their pleasure.

They say also, that the Laws ought to decide all Controversies, and repair every mans injuries, and that the rod of the peoples supream Judicature, ought to be over the Magistrates, to prevent their corruption, or turning aside from the Laws; but that the Magistrates for executing the Laws should not hold their offices at the pleasure of a King, or Protector, lest the fear of displeasing him perverts Justice. In their opinions ’tis highly criminal, that a King, or Protector, or Court, should presume to interpose by letters, threats, or promises, to obstruct the due course of the Laws, or countenance and abet, or discountenance and brow-beat any mans cause whatsoever; In fine, they say, the Laws that are incapable of partiallity, interest, or passion, ought so to govern, as no man should be subject to the crooked will, or corrupt affections of any man.

II. The Levellers second Maxime or Principle about Government, Edition: current; Page: [7-462a] is, that all the Laws, Levies of Monies, War and Peace, ought to be made by the peoples deputies in Parliament, to be chosen by them successively at certain periods of time, and that no Council Table, Orders, or Ordinances, or Court proclamations, to bind the peoples persons or estates; ’tis the first principle of a Peoples liberty, that they shal not be bound but by their own consent, and this our Ancestors left to England as its undoubted right, that no Laws to bind our persons or estates, could be imposed upon us against our wills; and they challenged it as their native right, not to be controuled in making such Laws as concerned their common right and intrests, as may appear by the Parliaments Records in the time of Edward the 2d. and Richard the 2d. The Levellers say, that those whose intrests are in all things one with the whole Peoples, are the only proper unintrested Judges of what Laws are most fit to preserve and provide for that common interest, such are the People in Parliament rightly constituted and methodized, and they may be depended upon, to provide remedies for the Peoples grievances, because they themselves are sharers in every common grievance, and they will be naturally led to study the common good, because they shall share in it; but if a Monarchs pleasure should controul the Peoples Deputies in their Parliaments, the Laws must be fitted for the interest of the Monarch and his family, to keep him in a condition to overtop the People, not for the common and equal good of the whole Nation; and then the Monarchs fears on the one hand, lest the People should be able to diminish his greatness, or that he should hold his greatness at their mercy; and the Peoples fears on the other hand, lest the Monarch should be able to make them slaves, and they come to hold their estates and lives at his mercy: These I say would set two opposite interests, alwayes at contention, in the composing of Laws; and the wisdome and industry of the Peoples Deputies, that should be spent in contriving the advancement of the Peoples common good in the Laws, would be taken up, endeavouring to defend and preserve the Peoples interests, against the Monarchs: Therefore say the Levellers, ’tis equal, necessary, and of natural right, that the People Edition: current; Page: [7-462b] by their Deputies should chuse their own Laws; yet they conceive it would be of much greater good to our Country, if out Parliaments were moulded into a better form, and some Deputies were chosen by the People, only to give their consent or dissent unto Laws proposed; and other Deputies were chosen for Senators, that should consult and debate of the necessity, and conveniency of all Laws, Levies of Monies, War, and Peace, and then propose all to the great assembly of the Peoples Deputies, to resolve; that so the proposing, and resolving Power, not being in the same assembly, all faction and private Interests may be avoyded, which may possibly arise in a single Council, vested with the sole soveraign Law-making Power. This second doctrine of the Levellers, had been fit for all England to have asserted some years since, and then so many Fatherless and Widdows had not now been weeping for their lost Husbands and Fathers in Jamaica, and other forraign Countries, nor had so many families been ruined, nor England impoverished by the loss of Trades occasioned by the Spanish War, begun and prosecuted upon private interests or fancies, without advice or consent of the People in Parliament.

III. The Levellers assert it as another Principle, that every man of what Quallity or Condition, Place or Office whatsover, ought to be equally subject to the Laws; every man say they, high and low, rich and poor, must be Accountable to the Laws, and either obey them, or suffer the penalties Ordained for the Transgressors; there ought to be no more respect of Persons in the execution of the Laws, then is with God himself if the Law be transgressed; no regard should be had who is the offender, but of what kind, nature, and degree is the offence; ’tis distructive to the end of a Government by Law, that any Magistrate or other, should be exempt from the obedience or Justice of the Laws; it dissolves the Government, Ipso facto, and exposeth all the People to Rapine and Oppression, without security of their Persons and Estates, for which the Laws are intended; therefore say they, great Thieves and little must alike to the Gallows: and the meanest man as readily and easily obtain Justice and reliefe, of any Injury and oppression against Edition: current; Page: [7-463a] the greatest, as he shall do against the lowest of the People; and therefore say they, it ought not to be in the power of any single person, to defend himself from the impartiall stroke of the Laws, or to pervert Justice by force; and that brings in their fourth Principle, viz.

IV. That the People ought to be formed into such a Constant Millitary posture, by and under the commands of their Parliament, that by their own strength they may be able to compell every man to be subject to the Laws, and to defend their Country from Forrainers, and inforce right and Justice from them upon all emergent occasions. No Government can stand without force of Arms, to subdue such as shall rebell against the Laws, and to defend there Territories from the Rapine and Violence of strangers, and the People must either hire Mercenary Souldiers to be the Guardians of their Laws and their Country, or take the care upon themselves, by disposing themselves into a posture of Armes, that may make them ready and able to be their own guard: Now say the Levellers, ’tis neither prudent nor safe, that the Peoples Armes should be put into Mercenary Souldiers hands; what reason can induce any People to beleeve that their Laws, estates, liberties and lives, shall be more secure in the hands of Mercenaries, than in their own? who can think his estate, his liberty, or his life in safety, when he knows they are all at the mercy and will of Hirelings, that are led by no other motive, then that of profit or pay, to serve them; and may be led by any proposal or temptation of greater profit or pay, to dissert them.

All ages have afforded sad experiments of trusting their strength in the hands of Mercenary Armies; most Nations who have kept them, (at lest in their own bowels) having been devoured by them; did not the Egyptian King by trusting the Armes in Hirelings hands, lose both his Crown and life, and brought the People to be slaves to the Mamulakes for neer two hundred years? Was not the famous Common-wealth of Rome, ruined, and Inslaved by their negligent permission of Julias Cesar, (upon his advantage of long continuing Genneral,) to form a Mercenary Army? Did not the Inhabitants of Rhegium, perish Edition: current; Page: [7-463b] by the hands of the Roman legion left to be their Mercenary defenders? And were not our neighbours of Amsterdam lately very neer the loss of their estates and liberties, by their own Mercenary Army? And say the Levellers, the people have less reason to trust to Mercenaries to defend their Country from Forraigners, then they have to preserve their estates and liberties from Domestick Oppression; How can their valour or fidelity be depended upon, when a small stipend only obligeth them to either; and if they be Conquered one day, they are ready to serve the Conqueror next day, it being their professed principle, to serve where they can have best, and most certain pay. But say the Levellers, when the People which are owners of a Country, are disposed into a Military form, they fight Pro aris & focis, they are sensible that they have more at stake then a daily stipend, and are in no hopes to better their conditions, by division amongst themselves, or by betraying their Country to Forraigners, Thus say they, is it prudent and safe for the People to be masters of their own Arms, and to be commanded in the use of them by a part of themselves, (that is their Parliaments) whose interest is the same with theirs.

These four foregoing Maximes, contain the sum of all the Levellers Doctrine about our Government in externals; (whose Principles without naming one of them, have been rendred so prodigious, and of such dangerous consequence) but let the reader judge, whether the liberty, happiness, and security, of every English man be not sought in the endeavours, to establish those Foundations of equal Justice and safety; neither can they be charged herein with novelty or unconstancy, the same Fundamentals of Government, having been claimed by our Ancestors as their right, for many hundred years.

And the late long Parliament proposing the same to the People, as the things to be defended by the late Warre; alledging that the King had set up Courtiers to govern instead of Laws, by Imprisoning at pleasure, and during pleasure, and that he had attempted to make proclamations, and Council Table Orders, to be as binding as the Laws, Edition: current; Page: [7-464a] that the People made by their Parliaments; and that the King had exempted himself and others from subjection to the Laws, and pretended a right to the Militia, to command the Peoples Arms without their consent; and in confidence of the Parliaments real intentions and fidelity in what they proposed, the People neither spared, neither treasure nor Blood to preserve themselves, and their declared native rights. And therefore those called Levellers, do now challenge their Principles of Justice and freedome as the price of their blood; and however, many of the Parliaments friends and Adherents, have since disserted their first pretences, yet the Levellers say, they can give no account to the righteous God of the blood they have shed in the quarrel, nor to their own Consciences, of their duty to themselves, their Families and Country, to preserve their Laws, rights, and liberties; if they should not persist in their demands and endeavours, to establish the Government in what form soever, upon the Foundation of the Principles herein declared; and therein they would acquiess, humbly praying the Father of all wisdome, so to direct their Law-makers and Magistrates, that all Gods People might enjoy their spiritual Christian Liberties, in worshiping God according to their consciences; and they heartily wish, that such a liberty may be setled as another Fundamental, or Corner-stone in the Government.

But the designers of oppression, having also thrown dirt in the faces of those, whom they have named Levellers, in the matters of Religion, and aspersed them sometimes as Jesuites, sometimes as Notorious Hereticks, and sometimes are licentious Athiests, men of no religion; ’tis necessary that I should acquaint the reader with their Principles that relate unto Religion; I do not mean to give an account of their faith, for the men branded with the name of Levellers, are and may be under several dispensations of light and knowledge, in spiritual things, in which they do not one judge the other; yet they are all professors of the Christian reformed Religion, and do all agree in these general Opinions about Religion, and the power of men over it.

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First, They say, that all true Religion in men, is founded upon the inward consent of their understandings and hearts, to the truths revealed; and that the understanding is so free, that ’tis not in the power of men to compel it to, or restrain it from a consent; nothing but the irresistible evidence of a truth, can gain a consent, and when the evidence is clear to any mans understanding, he himself, (much less another howsoever potent) cannot so much as suspend an assent. Therefore no man can compel another to be religious, or by force or terror constrain the People to be of the true Religion.

Secondly, They say, that the last dictate of every mans understanding in matters of faith and Gods worship, is the last voice of God to him, and obligeth him to practice accordingly; if a man be erroniously informed, yet the misconceptions he hath of truth, bindeth him to practice erroniously, and should he resist that seeming light, (though it should be in truth darkness) his sin would be much greater, and of worse consequence, then if he follows by his actions, his erronious conceptions: Therefore the only means to promote the true Religion under any Government, is to endeavour rightly to inform the Peoples consciences, by whose dictates God commands them to be guided; And therefore Christ Ordained the preaching of the Gospel, as the outward means for converting souls: Faith coming by hearing; and he also Ordained spiritual Ordinances for the Conviction, Instruction, and punishment, of Erronious and Heretical Persons; the Scripture commanding the Erronious to be instructed with the Spirit of meekness, and admonished privately, publickly, &c. And Christ never mentioned any penalties to be inflicted on the bodies or purses of unbelievers, because of their unbelief.

Thirdly, Levellers say, That there are two parts of true Religion, the first consists in the right Conceptions and Receptions of God, as he is revealed by Christ, and sincere adorations of him in the heart or spirit, and the expressions or declarations of that worship outwardly, in and by the use of those Ordinances, that are appointed by Christ, for that purpose. The second part of it, consists in works of righteousness, Edition: current; Page: [7-465a] and mercy, towards all men, done in Obedience to the will of God, and in imitation of his Justice and goodness, to the whole world.

The first part being wholly built upon the Foundation of revealed truths, doth in its own nature absolutely exclude all possibility of any mans being Lord of his Brothers faith, unless the understanding or faith of a Magistrate could constrain the faith or understanding of others, to be obedient to his, or rather to be transformed into the likeness of his: And therefore therein every man must stand or fall to his own Master, and having done his duty rightly to inform his neighbour, must give an account to God of himself only.

But the second part of Religion, falls both under the Cognizance or Judgment of man, and the Law-makers, or Magistrates power. Christ hath taught his followers to judge of mens Religion by their works, by their fruits, saith he, ye shal know them, for men do not gather Grapes of Thorns. Whosoever (be it a Court, or an Army, or a single Person) pretends to Religion, and yet remains treacherous wherein they are trusted, and continue in the breach of their promises, and are not conscientious to do to others as they would that they should do to them, but can without regard to Justice, seize by force of Arms upon the Peoples rights, due to them by Gods Law of Nature, and their Ancestors agreement; and subjects their Persons, and estates, to their wills, or their ambition and covetousness, and make themselves great by Oppressions out of the Peoples purses; those mens Religion men may clearly judge, being in vain by the Scriptures judgment, yea their prayers, and their preaching, as abominable in Gods eyes, as were the Fasts, New Moons, and Sabbaths of the Jewes, (which were then also Gods Ordinances) whilst their hands were defiled with blood, and oppression, and the works of Righteousness and Mercy neglected.

It properly belongs to the Governing Powers, to restrain men from Irreligion in this second part of Religion; that is, from injustice, Faith-breaking, Cruelty, Oppression, and all other evil Works, that are plainly evil, without the devine light of truths that are only revealed; and it is the duty Edition: current; Page: [7-465b] of Governing Powers, to compel men to this part of Religion, that is, to the outward acts of Justice and Mercy; for the inward truth of mens Religion, even in these, is beyond the Mastgistrates Power of Judgement.

Fourthly, They say, that nothing is more destructive to true Religion, nor of worse consequence to humane Society, than the quarrels of Nations or Persons, about their difference of Faith and Worship, and the use of force and punishments, each to compel the other to be of his belief. It cannot be denied, that God in his infinite secret wisdom, is pleased to cause his Spirit to enlighten mens minds with several degrees of Light, and to suffer many to remain in darkness, which be afterwards also enlightened; and therefore their Faith and Worship, if it be sincere, must necessarily and unavoidably differ, according to the different root of Light upon which it grows. Surely Babes in Christ, and strong men, differ much in their apprehensions and comprehensions of the Objects of Faith, and much more those that are not yet born in Christ, though appointed unto Regeneration, and it may be instructed like Cornelius, in some things.

And, as to Opinions about Worship, the thoughts of men must naturally be different, as the mind of one exceeds another in clearness of Light, and capacity of Judging; Now when the most powerful party, seeks by force & punishments, to constrain the Governed or Conquered, to subscribe to their Faith and Opinions, without regard to their own Light or understandings; doth it not (as much as is in mans power) banish all dependance upon the Spirit of God for light, out of mens minds, and constrain them to put out the candle of God within them, that is the light of their own Understandings, and induce them for their worldly respects and safety, to profess a Faith, and practice a Worship, which they neither do, nor dare understand. And by continuence to contract a blindness of mind, and hardness of heart; And is it possible to practise a design more opposite to true Religion, and the propagation of it? And it is evident that those of false Religions, under a pretence of honouring God, by forcing men to be Religious, have blinded Millions of thousands with false Worships. And also, that such as have professed the true Religion in substance, have wickedly opposed the further inlightning work of the Spirit of God, and caused thousands for fear of Edition: current; Page: [7-466a] punishments, to rest satisfied in the profession of a Faith and Worship, which they understand not, and therefore can have no true Religion in them. And Histories will tell plentifully, how pernitions the quarrels grounded only upon difference in matters of Faith, hath been to man-kind, an honest pen would tremble to relate the Murders, and Massacres, the dreadful Wars, and Confusions, and the Ruins, and Desolations of Countries, that have been upon this account; and the same must be to the worlds end, if difference in Opinions about Religions, Worship, and matters of Faith, should be admitted to be a sufficient ground of quarrels; Errors and differences in mens Understands, are from natural unavoidable infirmity, which ought not to be the objects of punishments, or mens angers; ’tis not more likely, that God should make all mens understanding equal in their capacity of Judging, or give to all an equal means or measure of knowledg, then that he should make all mens faces alike. Why then, say the Levellers, should any man quarrel at another, whose Opinion or Faith is not like to his; more then at him, whose Nose is not like to his; therefore say they, let us be unanimous in seeking an establishment of equal freedome and security to the whole People, of the best provisions for commutative and distributive Justice, without partiality; and of the best means of Instructing the whole People in the Spirit of love and meekness; and then true Religion will increase and flourish.

I have now faithfully related the sum of their Principles about Government and Religion, who have been usually called Levellers, and Scandalized with designs against Government and Religion, and Plots, to bring the Nation into Anarchy and Confusion; Let the reader Judge, what colour there is, to suspect those that are thus principled, of such ill designs; or rather, whether freedome, justice, peace, and happiness, can be expected in our Nation, if these Fundamentals of Government be not asserted, vindicated, and practised, and made as known and familiar to the People, as our Ancestors intended the great Charter of the Liberties of England should have been,Statute of 25. Edw. 1. C. 1. when they provided that it should be sent to every City, and every Cathedral Church, and that it should be read and published in every County, four times in the year, in full County.

I have only mentioned the Fundamentals, because they claim Edition: current; Page: [7-466b] these as their Right, and humbly submit the Circumstantials, as to the number whereof Parliaments should consist, and the manner of their Elections, and the order of their debating and resolving of Laws, &c. to the wisdome of the Parliaments. But the reader may well enquire, how those that have asserted these Principles, came to be called Levellers, the People believing generally otherwise of them, then these Principles deserve. Truly the story is too tedious to relate at large; but the sum of it is, that in the year 1648, &c. the Army having been in contest with some members of the long Parliament, they constituted a general Council of Officers, and Agitators for the Souldiers, and then fell into debate of Proposals to be made to the Parliament for a settlement, and then some of that Council, asserted these Principles; and the reason of them, quickly gained the assent of the Major part; but being contrary to the designs of some that were then Grandees, in the Parliament and Army, (but most of them since dead) and had resolved of other things at that time even with the King, who was then at Hampton-Court; it fell into debate in a private Cabinet Council, how to suppress or avoid those that maintained these Principles, and it was resolved, that some ill name was fit to be given to the Asserters of them, as persons of some dangerous Design; and that their reputations being blasted, they would come to nothing, especially if that general Council were dissolved; then was that Council dissolved, and an occasion taken from that Maxime, that every man ought to be equally subject to the Laws, to invent the name of Levellers; and the King, who was to be frighted into the Isle of Wight from Hampton-Court, with pretences that the men of these Principles in the Army, would suddainly seize upon his person, if he stayed there, he was acquainted with those men by the name of Levellers, and was the first that ever so called them in print, in his declaration left on the table at Hampton-Court, when he secretly (as was thought) stole away from thence, and thence it was suddainly blown abroad, with as much confidence, as if they had believed it that first reported it, that a Party of Levellers designed to Levell all mens estates; and since then, the late Lord Protector, knowing these Foundations of Freedome, to be inconsistant with his Designs, hath often mentioned the Edition: current; Page: [7-467] Levellers Plots, with malice, scorn, and scandal; and now of late generally, whosoever asserts the Peoples Liberties and right of Government by Law, and not by Will, is branded as a Leveller, by the Flatterers.

Now I heartily wish, that my Country-men, may not be mistaken in my candid intentions, in giving them this account: I mean not to Court them as Absolum did his Fathers subjects, to make them believe, that those called Levellers, would use them better then others, if power were trusted in their hands; for our age hath given me experience, that power to inslave the People, ought not to be intrusted in any mens hands, upon the fairést pretences, and most solemn oaths, that that power shall be used to establish their freedome. And ’tis the Levellers Doctrine, that the Government ought to be setled upon such equall Foundations or common Right and freedome, that no man, or number of men, in the Nation, should have the power to invade or disturb the common Freedome, or the common course of impartial justice: and therefore that every Authority ought to be of small continuance, and the several Authorities, to be so ballanced each by other, that without such an agreement of men, against their own interest, as humane prudence, cannot think possible, the People cannot suffer any common Injury; but my meaning in this, is, only to prevent the division of my Country-men into parties, with Animosities each against others, by the couzenage of names or scandals, when it may be they would otherwise joyn hands and hearts for their common Rights and Liberties, if they understood each others minds, and could converse each with other without prejudice, because of the names whereby each hath usually called the others. ’Tis a thred bare plot of Tyrants to divide the People into parties, that they may the more easily master them; but I wish that my Country-men would unite in the equall Principles of common right, and hearken to reason with clearness of mind, whosoever offers it, not regarding whether he that speakes it, is called a Leveller, or a Sectary or an Anabaptist, or a Presbiter, or a Cavileir, but considering what he sayes; and then the number of hands to defend our Liberties, and properties, would be so numerous, that the ambition of one, or a few, could not hope for successe in attempting a Tyranny over us. And if this poor Paper may have such an effect, that my Country men be not deluded with the idle scandal of Levelling, cast upon honest men, into an opposition of their own welfare, I and many that agree in the publication of this, shall have our ends.

Consider therefore what you here read, and the Lord make you understand the things that conduce to your Peace, and Freedom, and the glorifying his Name in righteousness, in this Nation.

FINIS.

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William Allen

Allen, William

27 April 1659

34.

7.34 William Allen, A Faithful Memorial of that Remarkable Meeting (27 April 1659).

Editor’s Introduction

(Placeholder: Text will be added later.)

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To Lieutenant-General Fleetwood, and other the Officers of the Armies in England, Scotland, and Ireland, especially to such of them, who in the sence of the dangers of the day, have been of late (as is said) betaking themselves to that most necessary duty of solemn Addresses, and servent supplications to the Lord, humbling their souls before him, in the sence of their own and others abominations abounding in this day; with unfeigned desire and endeavour to find out, and for sake them accordingly; with all others in the Armies, that are or shall be found searching and trying their waies in order to return: The following Narrative is humbly tendered by a late member of them, and now a mourner for them; yet unfeignedly desiring their prosperity in the path of repentance.

HAving understood, that you have of late been much conversant in seeking the Lord, in this day of distress, and enquiring (as becomes you) into the causes of his displeasure against us (which seems to wax hot) all which if performed in a right sence, observing right rules and ends, may be of singular use to help in time of need. Yet knowing the aptness of my own with others hearts to miscarry in such duties, and thereby miss of the desired success, by either setting up the stumbling-block of our iniquity before our eyes, or having any secret regard thereto in our hearts, the effect of which is to shut out prayer; I held it my duty to contribute my mite to this work of weight, by presenting you with a president once famous amongst us, by the success the Lord crown’d it with, and us in that path, in a day of very great distress round about: and desire that so far as you shall see this practise here presented, with the method Edition: current; Page: [7-470a] therein observed, to agree with the revealed will of God contained in the Scripture, relating to the duty of his people, in such a posture, that you will not be affraid to make it your patern, since the Lord hath formerly born such a witness to it, and written such blessing upon it, as may well be set up as a Pillar of remembrance in the midst of us, to his praise, as well as our direction to, and in like duties in future streights.

In the year 47. you may remember, we in the Army were engaged in actions of a very high nature, leading us to very untroden paths, both in our contests with the then Parliament, as also conferences with the King; in which great works wanting a spirit of faith, and the fear of the Lord, and also unduly surprized with the fear of man, which alwaies brings a snare; we, to make haste, as we thought, out of such perplexities, measuring our way by a wisdom of our own, fell into Treaties with the King and his party; which proved such a snare to us, and led into such labyrinths by the end of that year, that the very things we thought to avoid, by the means we used of our own devising, were all, with many more of a far worse and more perplexing nature, brought back upon us, to the overwhelming our spirits, weakning our hands and hearts, filling us with divisions, confusions, tumults and every evil work, and thereby endangering the ruine of that blessed cause we had with such success been prospered in till this time: for now the King and his party, seeing us not answer their ends, began to provide for themselves, by a Treaty with the then Parliament, set on foot about the beginning of 48. The Parliament also was at the same time highly displeased with us, for what we had done, both as to the King and themselves; the good people likewise, even our most cordial friends in the Nation, beholding our turning aside from that path of simplicity we had formerly walkt (and been blest) in, and thereby much endeared to their hearts, began now to fear and withdraw their affections from us in this politick path into which we had stept, and walkt in, to our hurt, the year before. And as a farther fruit of the waies of our own backsliding hearts, we were also filled with a spirit of great jealousie and divisions amongst our selves, having left that wisdom of the word, that is first pure, and then peaceable, that we were now fit for little but to tear and rend one another, and thereby prepare our selves, and the work in our hands, to be ruined by the common Enemy, as Edition: current; Page: [7-470b] these that were ready to say, as many others of like spirit in this day, of the like sad occasions amongst us, Lo, this is the day, we looked for. The King and his party prepare accordingly to ruine all, by suddain insurrections in most parts of the Nation, the Scot concurring with the same designs, comes in with a potent Army under Duke Hamilton. We in the Army in a low, weak, divided, perplext condition in all respects, as aforesaid, some of us judging it a duty to lay down Arms, and quit our stations, putting our selves into the capacities of private men, since what we had done, or was yet in our hearts to do, tending as we judged to the good of these poor Nations, was not accepted by them.

Some also encouraging themselves and us to such a thing, by urging for such a practice the example of our Lord Jesus, who when he had born an eminent Testimony, to the pleasure of his Father, in an active way, sealed to it at last by his sufferings; which was presented to us as our patern for imitation.

Others of us were different minded, thinking somthing of another nature might be farther yet our duty, and therefore were by joynt advice, by a good hand of the Lord led to this result, viz. to go solemnly to search out (and humble our souls before the Lord in the sence of) our iniquities, which we were perswaded had provoked the Lord against us, to bring such sad perplexities upon us, as at that day, out of which we saw no way else to extricate our selves.

Accordingly we did agree to meet at Windsore Castle, about the beginning of 48. and there spent one day together in Prayer, inquiring into the causes of that sad dispensation. Coming to no farther result that day, but that it was still our duty to seek; and on the morrow we met again in the morning, where many spake from the Word, and Prayed; and the then Lieutenant-General Cromwell did press very earnestly, on all there present, to a thorough consideration of our actions as an Army, as well as our waies particularly, as private Christians, to see if any iniquity could be found in them; and what it was, that if possible we might find out, and so remove the cause of such sad rebukes, as were upon us by reason of our iniquiries, as we judged at that time. And the way more particularly the Lord led us to herein, was to look back, and consider what time it was that we could with joynt satisfaction, say to the best of our Judgements, the Edition: current; Page: [7-471a] presence of the Lord was amongst us, and rebukes and judgements were not as then upon us. Which time the Lord led us joyntly to find out and agree in; and having done so, to proceed, as we then judged it our duty, to search into all our publick actions as an Army; afterwards duly weighing (as the Lord helpt us) each of them, with their Grounds, Rules and Ends, as neer as we could; and so concluded this second day with agreeing to meet again on the morrow: which we accordingly did, upon the same occasion, reassuming the consideration of our debates the day before, and reviewing our actions again; by which means we were by a gracious hand of the Lord led to find out the very steps (as we were then all joyntly convinc’d) by which we had departed from the Lord, & provoked him to depart from us; which we found to be those cursed carnal conferences, our own wisdom, fears, and want of faith, had prompted us the year before, to entertain with the King and his party. And at this time, and on this occasion, did the then Major Goff (as I remember was his title) make use of that good word, Prov. 1. 23, Turn you at my reproof, &c. which (we having found out our sin) he urged as our duty from those words, and the Lord so accompanied by his Spirit, that it had a kindly effect, like a word of his, upon most of our hearts that were then present; which begot in us great sence, shame, and loathing our selves for our iniquities, and justifying the Lord as righteous in his proceedings against us: and in this path the Lord led us not only to see our sin, but also our duty; and this so unanimously set with vveight upon each heart, that none vvas able hardly to speak a vvord to each other for bitter vveeping, partly in the sense and shame of our iniquities of unbelief, base fear of men, and carnal consultations, (as the fruit thereof) vvith our ovvn vvisdoms, and not vvith the vvord of the Lord, vvhich only is a vvay of vvisdom, strength and safety, and all besides it vvaies of snares: and yet vvere also helpt vvith fear and trembling, to rejoyce in the Lord, vvhose faithfulness and loving kindness vve vvere made to see yet fail’d us not; but remembred us still, even in our lovv estate, because his mercy endures for ever. Who no sooner brought us to his feet, acknovvledging him in that vvay of his, viz. searching for, being ashamed of, and vvilling to turn from our iniquities, but he did direct our steps, and presently we vvere led, and helpt to a cleer agreement amongst our selves, not any dissenting, that it vvas the Edition: current; Page: [7-471b] duty of our day, with the forces we had, to go out and fight against those potent enemies, which that year in all places appeared against us, with an humble confidence in the name of the Lord only, that we should destroy them; also enabling us then, after serious seeking his face, to come to a very cleer and joynt resolution, on many grounds at large then debated amongst us, that it was our duty, if ever the Lord brought us back again in peace, to call Charles Stuart, that man of bloud, to an account, for that bloud he had shed, and mischief he had done, to his utmost, against the Lords cause and people in these poor Nations: and how the Lord led and prospered us in all our undertakings this year, in this way, cutting his work short in righteousness, making it a year of mercy equal, if not transcendent to any since these Wars began, and making it worthy of remembrance by every gracious soul, who was wise to observe the Lord and the operations of his hands; I wish may never beforgotten; bringing us together again, from all parts shortly after, with admiration; each ones heart as it were filled with the wonders beheld, and occasion given to all to say each to other, Lo, what hath God wrought! the Kings Armies in all places broken, his strong holds most of them taken: he himself all that time treating with the then Parliament, and both of them desirous to conclude; yet by an over-ruling Providence hindred, and the King so infatuated, as he stands disputing Punctilio’s till he loses all, and himself with it, and is fetcht away from his place of Treaty to a Prison, in order to execution, which suddenly followed accordingly; and all this done within less then three quarters of a year, even to astonishment of our selves, and other beholders both at home and abroad; yea our very enemies then were made to say, God was amongst us of a truth, and therefore they could not stand against us.

But alas, who would have thought that so few years would have worn out the memory of such a not-to-be-forgotten mercy, or that any of those that then saw his works, and sang his praise, should so soon forget what their eyes had seen, as not to wait for his faithful counsel in future streights! Yet behold, how some directly, and others consequentially are now saying, All these things were but the product of a potent politick partie flusht with success; and others, though more modest & moderate, yet it’s to be feared, in too eager a pursuit of falling in with, or fear of Edition: current; Page: [7-472a] being hurt by what is uppermost, if not timely complying, at once in the lump adventure to cry up absolute obedience to the powers that are, though thereby they condemn themselves and others, as transgressors and rebels for opposing those that were; together with the whole series of action made glorious by Gods appearances with us, beyond parallel of any late years: and thus doth the name and works of the Lord suffer (as Christ of old) between these two, who almost equally, though not alike intentionally, rob the Lord of his glory, and give great occasion to the worst of our enemies the more to blaspheme.

This is the brief, yet true account of this matter, with the blessed effects of it, as a manifestation of the Lords inclination & disposition to poor returners; who is still the same, because he hath said, and will perform it, as in Jer. 29. 12, 13. Then shall ye call upon me, and ye shall go and pray unto me, and I will hearken unto you. And ye shall seek me and finde me, when ye shall search for me with all your hearts. And I have a little hope that this precious patern, thus presented, may not be without some use to you in this day, if the Lord lead your hearts rightly to consider it. That vve are a poor broken, divided, intangled, bevvildered people in our publick affairs; none but they that are very great strangers in our Israel can be ignorant: for vvho hath known and observed former daies, when the Candle of the Lord shin’d on our Tabernacles, by the light of which we walkt thorough darkness, and shall compare those daies with these four or five years past, can look upon them without a heart deeply affected, to think vvhat once we vvere (vvhen vve follovved the Lord, though in a land that vvas not sovvn, vvhen vve vvere a more plain simple-hearted people, yet prospered by the Lord to the terrour of enemies abroad and at home, through an eminent presence of God vvith us) and vvhat novv vve are, since we have turned aside into the carnal, empty, formal shews of the Nations, admiring, (and acting by) their Policies, and saying a confederacy with them, fearing their fear, and not sanctifying the Lord in a way of believing: how are we become the tail, and not the head, a hissing, yea, a scorn to the basest of Nations! what rebukes at Sea, at Land! what disappointments of enterprizes! what stroaks on many formerly eminent publick instruments! what impoverishing of these poors Nations, by decay of Trade in all parts, to the ruine of many! what sore visitations, Edition: current; Page: [7-472b] and of long continuance on the Nations thoroughout, by deaths, and lingering pining diseases! Yea, what heart-dividings are amongst those that have been as one stick together, used in the hand of the Lord, in his works of wonder in the midst of us, and thereby endangering the whole interest we have fought for, into the hands of such as are known enemies, or at best have been but faint friends to it and us, in daies of distress? And are not all these things worth considering and enquiring into, by every gracious heart, with the causes of them? for sure the Lord afflicts not without cause, nor grieves not the sons of men willingly.

And would you inquire aright, pursue the method laid down in the Case presented; inquire when could you with joynt satisfaction, say, At such a time the presence of the Lord was with you; and these sore hands of displeasure that have of late years attended you, were not upon you, nor works in your hands as now. And if you can but find that, let me advise and beseech you, as you tender the delivery of your own souls, and good of these Nations, weigh action by action since, and see where you have gone out of that prosperous path you were formerly in, and fear not to look into any action you are or may be concerned to look into, in which you think evil may be at the botom; for that remaining, will cause greater shakings then the most strict enquiry you make can do: and consider what as an Army you have done, with the grounds of it, and what you have engaged before God, Angels and Men to do; and either, if it be your sin, make your repentance as publick as your evil hath been, and so clear your selves; or else up and be doing, whatever you judge your duty, in the face of whatever difficulties you meet with; and in that path doubt not of Gods being with you, while you are with him: but if you will neither pursue your duties in one respect or other, know of a certain, the Lord who is a jealous God, will not be mockt by any that is not stronger then he, but will be above men, and make them know, he will be so in those things in which they deal most proudly, and deliverance shall arise some other way, with sore rebuke to you, for your shameful neglects of duty in such a work of weight which you have been entrusted with, and must ere long be called to an account how you have discharged it.

Alas, may we not say, & shall we be afraid to say, We, our Rulers, Edition: current; Page: [7-473a] Prophets, Armies, People have sin’d; yea, have grievously departed from the Lord, and help nor healing is not to be had, but in returning from what evil soever is in our hands or hearts? It is not Power, nor Policy, nor Forraign confederacies; ’tis not Prayers, though frequent, or seemingly fervent, no, though attended with tears and confessions, without thorough forsakings, will be a path of safety for us, Isa. 58. No, the voice of the Lord is plain to Rulers, Armies, People, Thus saith the Lord, Consider your waies: Why do we labour in the fire for very vanity? Why is wisdom hid from the Prudent? Why do we sow much in prayers, tears, confessions and hazardous undertakings at home and abroad, and bring in little, and what we get is as it were put into a bag with holes, and the Lord in a way of rebuke seems to blow upon it? is it not that we should consider our waies! Oh search and try, yea call in the help of God and good men in this, to see if there be any way of iniquity in your hearts or hands, and clear your selves of it, with manifesting most indignation against it. And for your help herein, if it may be, let me humbly caution you to take heed of advising only with such that may be most pleasing to you; self-love is apt in such cases to blind much: yea, or with such only or chiefly, that are or may be under the influencing power of profitable imployments, steer’d by the favours, or fear of the frowns of Rulers; but rather with such who have been persons of known integrity, and ancient constant friends to the good old cause of God, and their Country, in all its vicissitudes and lowest ebbs; not Shimei-like cursing and deserting in a day of distress, and changing their Languages when it tended to the change of their conditions, for outward advantage; but such as have not been pleased with their highest, most profitablest promotions and preferments, when they could not see the cause of God and their Country promoted also; and let not those names of odium, of dissatisfied, &c. (that they have been clothed with, the better to answer the evil designs of some) affright you in this matter: and if you dare thus pursue duty in this path of simplicity presented to you, without setting up the stumbling-block of any your iniquities before you, I am perswaded (not without many demonstrable grounds producible from the word) you will find it a path of peace, through the Lords blessing it; and you, in the sincere applying to it, will be directed and led to grounds more cleerly laid, for an unanimous, vigorous Edition: current; Page: [7-473b] prosecution of the old dying cause, by its best and truest friends, then hitherto you have found; or at least will find it effectual to the rescue of your own souls out of paths of danger, which for want of pondering according to the Word, you may be walking in to your great hurt. And therefore, let me beseech you in all sincerity, as you tender your own, and these poor Nations welfare, apply to it with speed. For your betaking your selves to any other courses, will prove fruitless as aforesaid; for the Lord hath smitten, and only can heal; and if ever he do, he will do it in this way, Hos. 5. If what I have proposed, prove any way advantagious to the ends for which it is offer’d, viz. to cause you to search, try, and turn from the evil of your ways; I have my end, and let the Lord have glory: but if this poor means, in much faithfulness and tenderness presented to you, be rejected or slighted by you; I shall, I hope, be inabled to mourn in secret for you before the Lord: and shall have this satisfaction, when I shall come to lye down in the dust, which how soon it may be I know not, that I have in some measure delivered my own soul, and endeavour’d the like for yours; and shall earnestly entreat the Lord, that this poor word of warning amongst many others in this day presented to you, may not one day meet you, as a witness against you, for not regarding it: for I am well assured it shall live, speak, and have its fruit, when you and I shall cease to be.

William Allen.

POST-SCRIPT.

THis Paper was sent to the Press about six weeks since, to have been made publick at that time; but by an unexpected obstruction, hath hitherto been hindred: but hoping it may yet be of some use, is therefore now publisht.

April 23. 1659.

FINIS.

Edition: current; Page: [7-474]

James Freize

Freize, James

16 May, 1659

35.

7.35 James Freize, The Out-cry! (16 May, 1659).

Editor’s Introduction

(Placeholder: Text will be added later.)

THat notwithstanding this Nations humble Petitions, dolefull Complaints & miserable Out-cries from time to time sent forth for these 18. yeares past, both to Parliaments and Army, yet by reason of the strong delusions and Syren Inchantments of the self-ended Covetous Lawyers, deceitfull Attorneys, and Cruell bloody murthering Gaolers (the declared Enemies to Englands just and undeniable Liberties) extreamly slighted and obstructed. So that none hitherto hath truly regarded the many yeares continued heavie Judgements of GOD upon it is Nation. For, and in regard of their most wicked and audaciously Edition: current; Page: [7-475a] Continued practice of Injustice, Tyrannie and Oppression, and the still continued sale of Justice for the price of Iniquity called Bribes and Fees; None hath hitherto truly Considered the ruine of Thousands of People, Robbed of their Estates, Liberties and Lives, by Arrests, Outlawries, false Iudgements Executions, Decrees, Orders & Reports, begotten and brought forth by corrupt Judges, covetous Lawyers, deceitfull Attorneyes, Masters of the Chancery, Registers, Clerks, Sheriffs, Bailiffs, Serjeants and Goalers by whom the Poor, the Widow the Fatherless and the Stranger is slighted, scorned, devoured yea eaten up as they eat bread, none hitherto in Authority have called for justice nor for satisfaction to the oppressed, none hath hitherto regarded the lamentable Cryes of the Inthralled, none hath layd to heart the miserable enslaved Condition of this Nation by Lawyers, none hitherto hath considered the afflictions of Ioseph in bands, as formerly they have Protested, declared, vowed and promised to doe, but hitherto not performed by them; Therefore in behalfe of this whole Nation, thus enslaved and groaning under this unsupportable Burthen. The Appeale and Out-cry is made unto You the above-named Persons, praying for speedy help, remedy and redresse of these great Nationall destructive maladies, in and by suppressing the Lawyers speedily, advancing Justice vigorously, abolishing the Capias for arrest of mens persons, and restoring the Iust and undeniable Liberties of this Nation, according to Magna Charta, with full reputations to all the Oppressed, ruined & wrongfully Imprisoned in the Land.

And as for these 20. yeares past I have been (by the good hand of my God) drawn forth for the Publique (with the expence of many hundreds of pounds) and not for self-ends; So J desire still to persist to the glory of his great name and this my Countries welfare being revived in my spirits by those your most Christian expressions in your Declaration of the 7 th of May, 1659. wherein you promise faithfully to discharge the trust reposed in you by this whole Nation, and to settle this Common-wealth upon its true Bassis, to the Establishment of the Property and Liberties of the People, and vigorously to carry on the Reformation so much desired to the glory and praise of the Lord Jesus, and to the repayring and making glad the hearts of the upright in the Land; And this also is seconded by the Armies Declaration May the 6. th, 1659. who as true Christians acknowledge their former Declinations and turnings out of the way, and the with-drawing of Gods presence from them for the same; And therefore now againe promise their uttermost power and assistance to the establishing of this great good worke by you declared for, for which Declination in and by both Parties the displeasure of God hath taken hold of us for many yeares, and many of the people of God have gone mourning to their Graves, for that their Eyes could not live to behold the Parliament and Armies Declarations, Protestations, Manifestations, vowes and Promises performed, Edition: current; Page: [7-475b] to the glory of God, the advance of the Kingdome of Jesus Christ in true Iudgment, Iustice and Mercy without respect of Persons, and the restoration of this your Native Countries Birthright and Liberties.

Upon these your severall encouragements by your Declarations, trustling that they are not feigned nor self-ended, but really and truly by you intended, J am thereupon moved humbly to present those lines to your Christ an considerations, trusting that your Faith and zeale to Gods glory and this your Countries peace and tranquility, will speedily, faithfully, and undoubtedly appeare in and by your works to all the Inhabitants of this Land, whereby all your Friends in the Lord, will have great cause of rejoycing, and your Enemies will be inforced to confesse and say; That (of a truth) God is in you, and that he the Lord of hosts the God of Israell is your Director, and hath brought mighty things to passe by you, for his Glory, your owne praise, and this your poore enslaved Native Countries happiness to future Generations; For, by your Vowes, Declarations, Protestations, and Promises it appeareth, That it was Deliverance from Bondage and slavery your selves and the people of God sought for, to the vast expence of Treasure, and the Effusion of a Sea of bloud to and for the regaining of the most just and ancient Lawes, Rights and Liberties of this Nation as by your Declarations of April, 1646. and March, 1648. appeareth, yet contrarily the unlimited abhominable, corrupt practice of the Law, with their Arests and Imprisonment of mens Persons is still continued, whereby the Estates and liberty of mens Persons (a point of highest Concernment to the people in generall) is left open to the violent Barbarous and destructive usage and internall practice of the Lawyers Atturney, and Goalers, and of every covetous Churlish Naball and most inhumane Cruell revengefull oppressour. But to the only prosperous flourishing State of Lawyers and their self-seeking adherents, which hitherto hath been preferred by some (from whom we looked for better things) before the Peace and well-being of this great Nation. The dangerous consequence whereof hath and will prove fatall to all, and is very Iegible to be read in this Maxime; What Cruelty befals one man to day, may befall another to Morrow.

All Imprisonment of mens persons for Debt, being cleerly an Incroachment upon the Common Law of England; and therefore fit and just to be abolished in this year of Englands jubile. 1659. And as at present, the Spirits of all men doe pertake of Christian Liberty, so is it as requisite, That our bodies (being the mansion houses of our Spirits) may enjoy Liberty, and not to be buried alive in severall noysome Graves, called Gaoles, Prisons, Counters, Holes and Dungeons, of unparalleled cruelty.

That Liberty from the late Norman yoke and Thraldome is the due Birthright of this Nation, appeareth by the severall ancient Statutes of this Land Edition: current; Page: [7-476a] (many of which were never fully published to open view) Even from the dayes of that famous Mirrour of Iustice Alfred King of England, unto the 34 yeare of this last King Charles; See the 34. of Edw. 1. Chap. 4. the 23. of Hen. 6. cap. 10. Mag. Charta, cap. 35. West. 1. cap. 26. the 3. of Edw. 1. cap. 26. 11 Ed. 2. Dec. 172. 13 Edw. 3. Bar. 173. the 8. Hen. 4. cap. 18. 20. West. 2. cap. 18. the 25 Ed. 1. cap. 2. the 42. Ed. 3. 2. the 9. of Hen. 3. cap. 29. Brac. Regis fol. 77. Mirrour of Justice folio 231. De homino Replogiando, fol. 66. Sir Edw. Cookes Institutions, 2. Part, fol. 28. and 209. See Liberty vindicated against, fol. 8, 9. 10, 11, 12, 13. the 3. of King Charles, acknowledged also by all the Iudges of this corrupt age, in the Case of Sir William Herbert reported by Sir Edward Cooke, Lord Chiefe Iustice of England where it was resolved, That by the Common Law (which is to be understood the great Charter of Englands Liberty and Freedome) Neither the Body nor Lands of the Defendant are lyable to Execution upon Iudgment for debt or damages (a fortiori) Therefore the Bodies of men not to Arrests and Imprisonment upon any mesme Processe whatsoever, the reason is, Because every man is an innocent person, in the Eye of the Law, untill condemned by the Law.

How unjust and unreasonable a thing it is then, That the Free-men of England should suffer Imprisonment upon a Capias, which is the utmost punishment the Law can justly instict upon a Malefactor before hee be condemned by the Law.

It is therefore most cleere and true, That all those Statutes made and Iudgments passed, which have subjected the bodies of men to Arrests and Imprisonment for debt, are cleerly and diametrically opposite to the law of God, to reason, to charity, and to the fundamentall Law of England; Therefore in themselves are cleerly null and voyd, for, the body kept within iron Grates cannot there make satisfaction for debts, but only by Liberty and industry in and by some Calling.

Wherefore upon just reasons founded on the Birthright of this Nation, it is cleere That all Statutes which have been made and Iudgments passed against any one point of the great Charter, doe stand and are in themselves absolutely null and voyd and all Offenders and Infringers of the said Charter are justly punishable in and by their Estates and Lives, for thus Infringing the Freedome of this Nation, and murthering of Thousands by Imprisonment, and robbing this whole Nation of their just and undeniable Rights and Liberties; For if any one absurd errour be admitted against our just Liberties, a thousand will soone follow, as at this day wofull Experience sheweth, and the perished and perishing lives of thousands of Families doth testifie; For if the head of Royalty be off and the Power disowned, and this Nation declared to be a Free-State, why then the members of Tyrannie suffered to flourish, and still to beare Edition: current; Page: [7-476b] the poysonous fruits of Slavery and destruction, contrary to the freedome and deliverance, long-since by you Promised and now againe this Promise by you confirmed; and why not then this Nation a Free people as of right they ought to be; That so the Lawyer may no longer rob them of their Estates and Liberties, nor the Gaoler of their Lives, to the utter ruine also of Wives, Children, and Families.

It is therefore humbly Prayed, That this Nation may be speedily acquitted from this slavery of Imprisonment, The fundamentall Law of England set up on its Bassis, Iustice to be administred in every Province, County, Hundred, and Towne Corporate, and no man to travaile above Five miles from his habitation for Iustice, Consonant to the Practice of sundry other Nations and Countries, viz. Spaine, Jtaly, Germany, Russia, Poland, Holland, and many other Countries (where being) J have reaped more true Iustice for Eightpence, then I have had in England for 1500. l. That so the poore oppressed and distressed in this Land may be truly relieved and Righted, The Capias abolished, the Imprisoned set free, and the ancient justifiable Course for levying of Debts on mens Estates restored, and thereby all able Debtors inforced by their Lands and Estates (though intayled) to satisfie their just Debts, out of the two thirds of their Estates; and that all fraudulent Deeds, made by Debtors to convey their Estates in trust (meerly to defraud their Creditors, and making Prisons their Sanctuaries) may be made null and voyd, that so their poore perishing Creditors may reape satisfaction; It being no better then a plaine act of fraud in them, and most worthy of Exemplary bodily punishment to be inflicted on the actors.

The faithfull and speedy accomplishment of this, will soone produce if not inforce honest and plaine dealing between man and man, & will enable thousands (yea all) by their Liberties to use waies and meanes of Industry to serve their Country, labour in their severall Callings, make provisions for payment of their just Debts, and live peaceably and Charitably one with another in this Common-wealth, to the glory of God, and honour of our English Nation, which hitherto for these her Cruell practices, beares the burden of reproach and is for it condemned by all other Nations in the world: The faithfull accomplishment of these Particulars. In and by regulating of the Law, turning Gaoles into Hospitals, causing Iustice to be administred in every County, Hundred, and Towne Corporate, by the Neighbourhood, will advance the Kingdome of Jesus Christ, Peace and happiness to this Nation, and worke the totall down-fall of Sathans Thrones of Injustice, Cruelty and oppressions, even of the foure Faires kept in Westminster Hall, by the Ingrossors of pretended Iustice, where and by whom men are daily bought and sold in their Estates, Rights and Liberties, doing wickedly, and pleading falsly against the Edition: current; Page: [7-477a] Poore and oppressed in the Land, making thereby empty the soules of the hungry, and causing the drinke of the thirsty to faile, undoing the Poore, with lying words, overthrowing the cause of the righteous in Iudgment, and spinning out the thred of one suite to 20, 30, yea 40. yeares continuance, Where the remedy becomes worse then the Disease. And thus they worke mischiefe and that by a Law (not of Gods making) pleading and maintaining that for Truth, which their own Conscience (though black) tels them at that Instant time, Tongue thou lyest; Break their power O God, cast them downe (as the proud Prelates were) and let their habitations become dwellings for the poore and Fatherless, that so Iudgment may dwell in our Cities, and Iustice in the fruitfull field, causing the poore to rejoyce and the oppressed to sing for joy of heart; Then the worke of Iustice will be Peace to all, and assurance of quietness, yea happie deliverance from these their great oppressours; So shall God be glorified, your Names (as Israils deliverers) recorded to Posterities, and this whole Nation comforted, and ever engaged to blesse God for you their great Deliverers; And if no performance by You of these things, then can we justly expect none other then the wrath of God to fall on you and your Posterities, and his heavie Iudgments of utter desolation upon this whole Nation. Stick fast therefore unto the Lord your God in this worke, and hee will stick fast to you. Take good heed therefore, and love the Lord your God and his people, and cleave not to the generations of Cruell (self ended men) Joshua, 23. 8, 9, 10, 11. Then shall yee be the Lords people, and hee will be your God (and not till then) saith the Lord God, Jerem. 30. 22.

These Particulars (most noble Senators) together with my own more then 8. yeares Cruell sufferings undergone, by the hands and tongues of Cruell revengefull Sclanderous and backbiting persons (for Truth and Iustice sake) and for my faithfulness to this Common-wealth, and services performed to the hazard of my life and expence of Estate without any recompence or satisfaction had for the same to this day. I doe most humbly referre to your Grave wisdome and Pious charitable consideration, Beseeching the Lord God of mercy to goe along with you and to be your sold Director by his sacred Power and Councell in all your undertakings, to the Glory of his Name, and the joy of all those that wish well unto Sions approach in Glory, to the amazement of his and your Enemies, and to the Peace, Comfort and well-being of this decaying Nation, — This is, hath been, and shall be, the earnest desires and addresses to the Throne of Grace for you, of him, who in all Faithfulnesse subscribes himselfe,

Yours, and his Countries Servant in the Lord
to be Commanded during Life.

James Frese.

Edition: current; Page: [7-477b]

Whatsoever is not of Christ, is of the Devill but Cruelty, oppression and Destroying of men in Prisons, is not of Christ therefore of the Divell, for his servants yee are to whom yee obey, and whose will yee doe.

FRom the dayes of that just and famous Alfred K. of England to the time of Edw. the 1. Nationall Councels were held twice in the yeare, See the famous Law booke, called Mirrour of Iustice, folio 6. |
All Fellons baileable are not to be Imprisoned before Iudgment passeth on them, fol. 73. Those that Imprison a Freeman or blemish his credit, are by the Law infamous persons, 192. Multitude of Clarkes not permitted, fol. 246. |
No Right in Iudgment to be sold forFees or Bribes, fol. 258 |
Reasons shewed, That the Statute made for Imprisonment of men for Debt, is evill, Illegall and contrary to the fundamentall law of England, to reason, and the Liberty of the people | fol. 283, 284
All causes and Controversies were then determined in 15. dayes, fol 8. |
No Actions to be entered or received to Iudgment, unless security first given to make the Plaint good, with costs and damages to the Defendant, if not made good, fol. 14. 233. 257 |
Imprisoning of man till they Die, is by the law Man-slaughter, fol. 27, 28, 30, 274 |
None to be Imprisoned, but only for Murder, Fellony, and Treason, f 29. 57. 73. 231, 274 |
See also the Statute of Henry the 3. chap. 29. |
No Iudge nor any Officers to take any Fee of the people nor reward, | fol 64
Gaoles and Prisons ordained only for mortall Offenders, | 72.
Gaolers punishable for detaining a Fellon in Prison after his acquitall; and if detained and dye in Prison, the Gaoler then to be hanged for it, | 232
Gaolers and Prison keepers to be punished and to lose their places, for putting Fellons in irons or exacting monies from them, | 238
Sureties not to be issued for any debt, it the principall be able, see Hen 3 chap. 8. |
If Sureties be compelled to satisfie a Debt, then the Law forthwith to seize on the Lands and Good, of the principall Debtor for his satisfaction, 9 of H. 3 cap 8. safety, 126 |
Felons escape out of Prison is no mortall offence, because warranted by Law of Nature for A Iudge once pronouncing false judgement is never more to be obeyed, | 230
Gaolers punishable for plundring Prisoners or exacting monies from Prisoners, or putting them in Irons, | fol 231
Pleaders (now called Lawyers) once attainted of false Pleading or maintaining any unjust action or Cause at a Barre, is to suffer bodily punishment, | fol. 230
Alfred K of England Hang’d 44. Iudges in one yeare for oppressing the people by false Iudgment, 240 |
Iudges to suffer Death for pronouncing false judgment, fol. 239. |
No Gaoler to keepe a Prisoner to the dishonour of the State, | 214
No Freeman to be Imprisoned for Debt, 9 Henry 3. chap. 29. |
Alfrid the King hang’d Iudge Hall, because he saved Tristram the Sheriffe from death, who had taken some mens Goods against their wills, fol. 241. |
He hang’d Iudge Aethelstone because he judged Herbers to death for an offence not mortall, 240. |
He hang’d Iudge Rolfe for hanging a Felon for escape out of Prison before conviction, 240 |
Iudge Thelwell was Imprisoned for imprisoning a man for an offence not mortall, | 240
Iudge Bessing was hang’d for judging Laston to death by fraud, 240 |
Iudge Seafield was hang’d for judging Ordive to Death for not answering at the Barre, 240 |
Iudge Arnold was hang’d, for saving a Bayliffe from death who had robbed the people by Distresses and for selling these Distresses, and for extracting Fines, f. 241. |
He hang’d Iudge Darling because he caused Elden to be hang’d who had killed a man by chance, 242 |
Iudge Osloe was hang’d for judging Fulke to death out of Court, f. 241. |
Iudge Newline was hang’d, because he hang’d Helgrave by a warrant of Indictment not speciall, 242 |
Iudge Rutwood was put in Prison for imprisoning a man for a Debt due to King Alfred himselfe, fol. 244. |
Iudge Peria was hang’d, for suffering a man to Die in prison whom he had Imprisoned for an offence not mortall, | fol. 241 |
Iudge Asbolse was hang’d for causing Coppin to be hang’d before he was 21 years old, 242 |
Iudge Marks was hang’d for judging [Editor: illegible word] to Death by 12 men not sworne, 240. |
Iudge Therborn was hang’d because he judged Ofgate to death after his acquitall in Court, 240 |
He hang’d Iudge Wulster because he judged Hubert to death, though it was any Kings sute. |
He hang’d Iudge Hulse and Iudge Edalse, for passing false Iudgment, | 245
He hang’d all the Iudges in every Province, and County who had falily saved a man guilty of Death, or falsly Hanged any man against Law or reasonable Exceptions, | 243

The Lord God of Iudgment, Iustice and Mercy, grant that such Iustice may once more take place in this Land and Nation; That so the Bodies, Estates and Lives of men, may no longer become a prey unto those severall ravenous Wolves before named in this Treatise, as hitherto they have been; For the truth whereof I doe appeale in all the people of this Land, who for many yeares past and still doe long for Deliverance from this Bondage and Slavery, witness the many hundred Petitions from all parts of this Land from time to time, for these 18 yeares past, presented to the severall Parliaments, his late Highness Councell without any reall fruits but gilded Promises, hitherto reaped from them; But now we hope and expect from You to reape the happie fruit, by this Nation expected and earnestly desired. That it would please You forthwith to appoint some honest Faithfull persons to bee Visitors of all the Prisons in the Land, to search and see the true Cause of every Man and Womans Imprisonment, and out of Prison freely to acquit those miserable poore soules that have nothing left to satisfie their Creditors, not Bread to their mouthes; And also all those that suffer Imprisonment falsly upon Revenge and feigned Actions, and upon Executions by Attorneysstolne or indirectly gained and Charged on them, and acquit these distressed Prisoners, who being Creditors and have great summes of Money due to them, have been Arrested and are Imprisoned by their subtill and able Debtors, who thus usually pay their Debts, by Causing their poore Creditors to perish and dye in Gaole.

And that all great Persons and able Debtors (who make Prisons their Sanctuaries) and have unjustly Conveyed their Estates to others, to the defrauding of their poore distressed Creditors. That all such fraudulent Conveyances may be made null, and those able Debtors may be by their Estates compelled to yeeld speedy satisfaction for their reall and true Debts; And that all false Witnesses and false Swearers, who have ruin’d thousands of Families, may according to the ancient Lawes of this Land suffer Death; and all men wrongfully Imprisoned, may according to the Law of England have treble Damages assigned to them for their wrongs suffered; and that according to the Law of GOD and other Nations; Those that Rob and steale, may not suffer Death (as hitherto) but either by Estate for Service may satisfie Fourefold to those by them Robbed, which may be accomplished by sending them the said Felons to the severall Plantations beyond the Seas, where after some yeares of servitude; They may (through Gods mercy to them) turne, and become honest and able Commonwealths Men and Women.

By which Course the Plantations will be replenished and strengthned; and Marriners thereby increased, as well as other Occupations and Callings in those Parts.

By Jawes Freese Marchant, Humbly presented to the Parliament and Army this 16th of May, 1659. Together with a Petition Containing the substance of this Treatise; being Signed by many Thousands of well-affected publique Spirited persons; for the speedy Reliefe, Release and Deliverance of all their poore Oppressed and Immured Brethren; As also of this whole Nation to Posterities, from this Cruell bondage and slavery of Imprisonment for Debt; and the unjust, abhominable, Corrupt present practises of the Law, in use in this Land.

Truth from Injustice may happe to reape some blame,

Yet Truth shall stand, Injustice shall reape the shame.

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John Streater

Streater, John

1 June, 1659

36.

7.36 John Streater, Government Described (1 June, 1659).

Editor’s Introduction

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THE GOVERNMENT OF Monarchie, Aristocracie, Oligarchie, and Democracie, Described.

GOvernment hath in it this Order, Commanding and Obeying: The first Government was paternal, when the Fathers or the Eldest of the Family did command the rest, which lasted all the time that man lived to a great Age. Whilest this Government continued, Law was not invented, because that the Father of the Family, by the Institutions of Nature, could do nothing but what was good for the whole Family; therefore they were not necessitated to seek for Laws to secure them. The first, that brake this Order of Government was Nimrod, who usurpt absolute Power, and held people to servitude by Force and Policy. Besides, Families did so much increase, they were necessicated to joyn several small ones together to oppose more powerful and mighty Families who fought for Soveraignty and Dominion. In these Confederacies they united themselves; some Families under one, as their Captain, or Prince, or Monarch: Others, into a Democracy, or Number of Magistrates, that were to consult the good of that Confederacy or Society.

It would take up a Volume, to give the several Instances that are in History, of this Nature, the which shall be waved; onely remember, that Abraham did of his own Houshold arm such a number of men, that He gave Battel to the Kings of the Plain, and recovered Lot from his Captivity. Edition: current; Page: [7-480b] Paternal Government ceasing, people cast themselves into severall Forms of Government, and they received their Denomination from those that were Chief, and their variety of Forms; either from their Opinion of such a Form to be best; or, because that, at the Institutio, none person, or the Nobility, or the eminentest amongst the people, or the people themselves, had most power. Even so upon a Change of Government it falleth out, that the Government receiveth its Form from them in whom Power is. The chief of the Forms of Government are, first, Monarchy, that is, by a single person, who is bound by vertue of his Office, to rule according to the Laws of the People for the profit of all: But it often falleth out, that that sort of Government degenerateth, and cannot be kept within its Limits and Bounds: But, on the contrary, conspiring in behalf of its own Interest, against the Interest of the people, it thereby converteth it self into Tyranny, the worst of Governments. The Tyrant ruleth by his Will, and layeth aside the Laws, and consulteth not the Interest of a people. A Monarchy is a dangerous Government, in regard it can so readily make of it self a Tyranny. It is the desire of Mankind to be absolute, and a Monarch shall never want Flatterers to prompt and hasten him to a Tyranny; because, under a Tyranny, they can the better oppress the People, and arrive to Greatness and Wealth by the Peoples Ruine. They hold the people by their own Arms and Treasure, in Obedience to the Tyrant, onely for his Profit and Commodity, because he onely communicates the benefit of his power to such as conspire and are Confederates with him, in holding the people to their Servitude.

Aristocratical Government, is when the Noble-men bear sway, or such a number of men, as at the first founding, or constituting of that Government, were Chief, and had Presidency of the rest. Such is the State of Venice at this day, which suiteth well with its Situation, and the distance of the rest of its Seigniory; but it would scarce serve any other Common-wealth; in regard that the rest of the Seigniory are Forreigners either under their Protection or Obedience, they being Subjects to the Government, not Members of it; and there is but few in the City, but what have share in the Government. This sort of Government would not be durable in a large Commonwealth, because that the Policy of this Government naturally must prevent and suppress the increase of other Noble Familie, in order to its own preservation. Those that are excluded, when once grown rich, and thereby attained to Education, do desire to have share in the Government, and shake off Servitude, which causeth Changes: Besides, the great men in this Government do create a distinct Interest from that of the publike, by fortifying the Security of their own Families; and if once they should fall into Factions, immediately the most powerful Faction setteth up one of their own Faction to be Prince, or at least the Leader thereof hath opportunity, thereby to make himself Prince; as it fell out by the House of the Medici at Florence; and also at Rome, by Sylla, who was head of the Faction of the Nobility, against that of Marius, the Head of the popular Faction.

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There are Aristocraties mixt with Democracies; as that of the United Provinces. The Great men Consult of the Affairs of the Common-wealth, with the Peoples Deputies, who are Annually Chosen.

Oligarchy, is the Government of a Common-wealth by a small Number, who either hold by Policy or Force, the Supremacy; or who have absoluto Authority given to them, Such were the Triumvirate and the Decemviri amongst the Romans; Such also were the Thirty Tyrants at Athens: this kind of Government was upon speciall occasions Erected amongst the Antients, to carry on some Notable Undertaking, or to Determine and Arbitrate some difference as was blown big by Factions in the Common-wealth: the which power proveth Immediately dangerous, if not called in, and Nulled, so soon as the occasion is over, for which it was ordained; No Government can be more dangerous then this is, where the People are divided either in Civill or Religious Respects: in such a Case there shall be nothing but Changes, Murder, Miseries of all kinds, and destruction produced in the Common-wealth; it onely Respecteth the good of those that have the Government, and those that adhere to them: For the rest of the people, they must bereave them of their Wit, Money, and Arms. That was an Excellent Oligarchy Erected by John of Leydon at Munster; and was like to have been here in England, by a certain People that are unconstant, unlimited, spiritually proud, and notoriously ignorant; who think none to have Right in Government, but themselves.

Democracy is a Government, where the Governours are Elected by the People out of themselves; sometimes called Free-State, or Popular State, or Common-wealth: This kind of Government by the People, is the most Natural, and best sort of all Governments; they Elect their Magistrates, which are to continue in power but one year, or less; they Trust not their Arms in the hands of one Person, but they are managed by a Councel: This is the best sort of Government, because that the persons do not continue long in Trust: the which is the onely means to keep them from Corruption or Oppression. When they shall be reduced to a private Capacity, and be subject to give an Account of their Trust, doth not that Common-wealth stand better Assured to be free from Corruption, then that Constitution that shall secure the persons Governing, and protect them from Justice: He who doth continue alwayes in power, is enabled by virtue of his power to secure himself from being questioned; and maketh use of his Authority that should be to discourage Evil doers, to defend himself in Evill doing. But when the Common-wealth is large, and they send their Deputies, and Invest them with their Legislative power, who meet and Consult about making Lawes, Peace and War, and the management of other State-Affairs; it is more orderly and freer from all manner of Faction, than it would be, if the People should meet all in one Body, and Edition: current; Page: [7-481b] make Lawes as they did at Rome, Athens, Sparta, Corinth, Thebes, and other Grecian States. Although the People have not an Immediate hand in the Supream management of Affairs; yet they have the vertual power in them by Election, which is the Original of the being of Supream Authority, and also a possibility for every one that can arrive to Credit by his Parts, to be Chosen and Elected for the Next Representative: the which will animate an hundred in this Government (to one in any other sort of Government) to put themselves forth to acquire Parts, and to fit themselves with Abilities to serve the Publique, either by Councel or Arms.

I will here say nothing at all of the Defects of this Government, and the Remedies; nor of any other Government: it shall be done shortly in a Volume. But here I will give you a brief Modell of the Government of the Common-wealth or Free-State of Ragouse, scituated in Dalmatia, near the Bottom of the Adriatick or Gulph of Venice. Reader, here take notice, That a Common-wealth thus Constituted, though small, is able to preserve it self against the most powerful Princes; The Councels proportionably of such a Common-wealth, are more strong, and their Swords more sharp, then a Prince’s. This Common-wealth or Free-State maintaineth its self by its Just Impartial Policy, in perfect Freedom and Strength, notwithstanding they border on the Tyrannicall Turk’s Dominions.

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The Government of the Commonwealth of Ragouse.

RAgouse hath not been alwayes a Common-weal, for that it hath obeyed divers Lords at divers times; sometimes Grecians, sometimes Albanians. But since it hath embraced this kind of Government, they have been in some reputation. The Ragousans, when as they sought to reduce the Town to a Common-weal, followed (for the most part) the order of the State of Venice. Being thus resolved, they first instituted a Great Councel, knowing, that it was the foundation of a Common-weal, and as it were the firm Basis or Ground-work of their City. All Gentlemen of the City enter into this Councel, having attained to the age of Twenty years, and they are admitted proving their Gentry. In this Councel they create all the Magistrates of the City, which are such as I will set down.

There are first the Pregadi, or Great Councel, which should be commenly Sixty. There may be many Gentlemen of one Family; for the Families in time are reduced into a small number. These have charge of the Affairs of the Common-weal, and do judge of Civill Causes; they also judge of Criminal Causes which are of Importance in regard of the persons, as if any Gentleman be accused, or hath committed any Crime. They continue a year in this Charge, and are changed, as they are void, for that they are not all created at one instant, but one after another, as they end.

The Petty Councel (so called in regard of the Great) is the Councel of the Rector, which consists of eleven Persons, all of divers Families; who assist the Rector or Head of this Common-weal. They receive and hear the Petitions and Demands of strangers, and private men, Letters, Embassadours, and such like; and are as a hand that presents the things which come before them, to other Magistrates, and go afterwards to Officers appointed for such matters. And these decide some of those things which are presented to them, and report the rest to the Pregadi or Great Councel. They continue but one year in this Charge, and go out together; and the others which are created by the Great Councel, enter into this Office with the new Rector, the first day of January.

This Rector, who is head of all the Councels, is chosen in the Great Councel by three Elections, as they do in all other Offices; and of these Elections, the one is made by scrutiny by three Councellors of the Rectors and the two others are made by Lot. The Rector remaineth but one Edition: current; Page: [7-482b] Moneth in Charge, and he is bound, during that moneth, to live in the Palace. He wears the habite of a Duke, that is, a Robe with open sleeves, different from others by reason of his Authority. They give seven Duckats a moneth for his entertainment: yet when he is one of the Pregadi, he hath a Duckat every day to assist.

This Rector assembles with the Councellours upon working-dayes after dinner, and on Festival dayes on some occasions. But if the Rector be not there, the most ancient Councellour enters into his place, yet they dispatch not any thing without his presence. They give this Rector a Lievtenant, who hath Jurisdiction in matters which do not exceed three Duckats of Gold, and he is for Civill matters onely: The Councellours cannot be chosen Rectors the years that they are in their Magistracy.

Next, there are five Purveyors, who are fifty years old and upwards, and must be of divers Families. They have authority to cause all expeditions made by any Magistrate whatsoever, to be received, and they must be present when as the Councels assemble. These may be made Rectors during their Magistracy, and are so commonly. They are of the Chief of the Town, of great authority, and in a manner alwayes of the Councel.

After these, are the six Consuls which hear Civil Causes, at first for any sum whatsoever. They are most commonly men of great authority, and which enter into Councel with the Pregadi, and they frame the process of such things as they judge. The parties are not accustomed to make allegations; but these Consuls, hearing the matter in question, determine what Justice requires, and draw from every Cause two Duckats in the hundred. They cannot be Rectors for the space of two years, lest they should alter their proceedings in Civil Causes, and to the end the people might be soon dispatched in their Suits; for they do continually attend them.

There are also five Criminal Judges, and Expeditions go from them, according to the Judgments which they make Gentlemen are excepted; for that in Criminal Causes they go before the Great Councel, and they that have Fees of the Commonweal answer before the petty Councel. These Judges are made Rectors, as the Purveyors be.

There are moreover three Officers upon the Art of Wool; these do commonly hear the differences that grow betwixt men which exercise that Trade. They enter into the Great Councel, and may be made Rectors.

This Common-weal hath also a Colledge of 30: into which there may enter many persons of one Family. They take knowledge of Appellations unto the sum of three hundred Duckats, and every one of them hath three Duckats yearly for their Wages; which is done, for that all Officers are finable, if they attend not their Charges; for otherwise they would not accept them, for they are of small profit. When any Office is void, it is supplied by one that is in some other Office. If one of the Pregadi dies, they supply his place by one of the Purveyors, or of his Colledge.

There are six Captains of the Night, who, one after another, have the Guard of the City in the Night, with the Hongarians, who are about one Edition: current; Page: [7-483] hundred, with their Captains, and they obey these, who open and shut the Gates of the City. They remain two moneths in this Charge, and they observe this order, that They which shut the City Gates at Night, do not open them in the Morning, for they change them at Midnight.

The Captains and Earles, which go into Governments abroad throughout the Estate of this Commonwealth, are all created by the Great Councel, and some of them remain in charge seven moneths, and others twelve.

By this often changing of Officers, they preserve themselves: This is the true Embleme of a Free-State. The continuation of any Persons, or Councels, or Senates, are but Defects, unless that the Senate were also to be elected, as well as the Great Councel, or Parliament; it is hard if the people cannot be trusted with Election. It’s true, the people of England would, if intrusted now at this Juncture of time, elect such as would deprive them of the blessed Government of a Free-State; but that must not be an Argument to deprive them of their Right: they must be intrusted with Election with such Qualifications, as may preserve the Interest of the Commonwealth. Those that alleadge, that a Free people ought not to be limited is that Case, may also alleadge, That a Physitian must not hinder his Patient of such meat or drink as will ruine him, nor force him to take such medicines, as will cure him. Liberty consisteth not in every ones doing what he listeth; but true Liberty is such a thing, as a convenient and necessary Bondage; that is, I ought to be limited in such a thing: If not, it will be to the detriment of another; this Liberty would not consist with Society. He that would assassinate himself, must be deprived of his Liberty to do so horrid an act. England yet was never a Free-State; but it will be, if the Legistators can hit upon the Mark of denying themselves, in perpetuating their Power. No doubt but the People may be trusted with their Liberty in that point, and that with safety, if they had tasted once of the blessed Fruits of the Government intended, and much pretended to.

FINIS.

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22 June, 1659

37.

7.37 Anon., Lilburnes Ghost (22 June, 1659).

Editor’s Introduction

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Lilburns Ghost.

MUST we continue for ever in the Wilderness, and not obtain our Promise, viz. the possession of Canaan, nor yet return to our Egyptian servitude? Surely a Divine Hand hath kept us from our possession, and made us know the time was not yet come, till the Lord hath cut off the murmuring, self-seeking and perfidious Israelites from amongst us; the same Hand also hath kept the faithful ones from turning to the Egyptian flesh-pots, and forsaking the Cause of God, for which we have so long contended. How near we are to our desired Haven, we cannot precisely fathom; or how many of our Civil and Martial Grandees (loaded with the ruines and spoils of the People, and gorged with pride, covetousness, self-seeking, and all manner of filthiness, which can in no wise enter the promised Land) must be first thrown by, before we come to enjoy our promised and much desired possession, time will shortly discover.

The Lord hath in some measure returned to our Camp, and with a strong hand hath thrown down the Mighty from his Throne, overthrown his Chariots, and put a Bit in the mouth of his unruly and pampered horses; and hath raised a spirit among the people, to cry up the Cause of God, and the liberties of the People; both which to our great grief and sorrow, had like to have been (violently and barbarously) buried alive at White hall.

Rouze your selves, O ye Free-born people of England, and make it appear that de jure, the Original of all just Power Edition: current; Page: [7-486a] and Government, is and ought to be in you. Be no longer cheated of your right, nor let the Parliament and Army saddle you with slavery. The Scripture clears the point, that you are the Original of all power: the Apostle Peter calls it, The Ordinance of Man. When the murmuring Israelites cryed out for a King, God bid Samuel hearken to their voice; as if he should have said, Let them make use of their natural Rights, in making choise of the form of Government: and after God had nominated the person, he left the confirmation and ratification of the Government to the people, to shew that the Right was in them and to that end, Samuel calls them together, and with shouts and acclamations they proclaim him King: an evident Testimony that the validity of the Government depended wholly upon the peoples consent and confirmation. And indeed, the acts of all Tyrants and Usurpers do evidence the same; who to make their Actions as just as they can, do alwayes endeavour the consent and ratification of the people, and to enter into some compact with them, and to establish themselves with a shew of Legality; which if seriously considered, is a manifest confession of what I here affirm.

I shall insist no longer upon this subject, for I hope we may take it for granted on all sides, that the Original of all just power is in the people; but proceed to the removal of all such blocks which have lain in the peoples way, and hindered them of the possession of their just rights and Liberties.

1. The first foundation of Tyranny, and hinderance of the peoples just rights, is the division of a State into Ecclesiastical and Civil. It is true, the Commonwealth of Israel was thus constituted by God himself: but to say that there is the least ground or reason for such a division under the Gospel, or for congregating national Churches, to be drawn from the Scripture, is more then the Learnedst or Gravest of the Orthodoxal train can produce. It is clear that Christ came to put an end to the administration of the Jewish form, and to take away the pale which confined the Church to a Edition: current; Page: [7-486b] particular nation, that all nations might be taken into the Church, I mean here and there a few, whom the Lord should chuse: his Church now is not National; it is not a political, but a spiritual Body, according to the saying of Christ himself, My Kingdom is not of this world. This division of State is the right hand of Antichrist, which hath built up and nourished the man of sin, from an infant to a perfect man: and hath in all ages persecuted the people of God, and been the cause of most of the blood that hath been shed in the world. For whatever Reformation or change happeneth, either in Church or State, the Clergy can soon transform themselves into that shape, joyn Issue with the present power, and under pretence of errour and heresie, binde man to believe their arbitrary Dictates, Traditions, Errours and blasphemies, or persecute them to the death.

Therefore, O Parliament of England (whom the good people are pleased at present to own as the Supreme Authority, and will do so, provided you own them, and do their wills, and fulfil their intents) beware you suffer not the Ecclesiastick power to twist it self with yours; but on the contrary, to prevent making of parties and factions upon a religious accompt, and all broils and jars in the Nation) declare to the Nation that you have nothing to do in matters of Religion: as you are the civil Authority, labour to make good Laws for the punishing of sin and vice, and keeping all men civil, peaceable and quiet; and let Christ alone with his Church, whose work it is, not yours.

2. Secondly, that which hitherto hath smothered our declared-for Free-State, in the very birth, was want of care (upon the alteration of Government) to hinder the passage of Tyranny out of one form into another: the affairs of past ages and nations, and not onely so, but the late actions in this Commonwealth, do fully demonstrate that the interest of Monarchy and its inconveniencies have been fatal to other forms, and are undenyable proofs that they may reside in the hands of many, as well as in a single person. We might here, for illustration sake, produce the case of Athens, Edition: current; Page: [7-487a] after they had laid aside their King, the Kingly and Tyrannical power sprang up among their Decimal Governors, and their Thirty, whom the people commonly called Tyrants; and not onely so, but crept among the popular form, who were elected by the Commonalty, for want of a strict watch over them, to prevent their acting more for their own then the peoples interest. Not much unlike this, was the State of Florence: the Kingly interest sprang up alwayes in one up-start or other, in advancing his ambitious ends, stept up into a Kingly posture, and robbed the people of their right. Even so fared Rome with the Tarquins, Consuls, Senates, Decemviri, Triumviri, Dictators and Tribunes, all whom acted the flagitious enormities of an absolute Monarchy.

Setting aside all forreign examples, good people of England look at home, and O Parliament of England, behold your own body: have not you cut off Charles, and let the King live to this day? Consider what is the interest of Monarchy, but an unlimited, uncontroulable, unaccountable station of Power and Authority, in the hands of a single Person, or Many, who govern according to the Dictates of their own will and pleasure. If GOD hath so much mercy for you, that you now at last prove our Redeemers, and Restorers of our Liberties, declare for it in a due and orderly succession of Authority in our Supreme Assemblies; that Ages to come may have a reverent and noble respect of you, as the Founders of our Free-State and Commonwealth.

Thirdly, and since (to the grief of honest hearts) there are many discontented humours in the Nation, who endeavour to insinnate themselves into the Body of the Nation, to undermine the security of the Commonwealth; to gain a share in the government, to bring about their corrupt ends, great care ought to be had of the composure and complexion of our Representatives. And that you may be careful herein, pray shut the door; and not onely so, but stop every crack and cranny, to keep out the old and new Malignant out of Authority: you must be cautious not onely in excluding the wilde Geese, but the tame; not onely the old, but the new Malignant, Edition: current; Page: [7-487b] being full as dangerous as the other: There is another tame beast yet, more dangerous then the other two, viz. the Neutral Laedicean, who can live in any Element, sail with any wind, close with the Malignants or any for his own advantage, transform himself into an Angel of light, to bring about his deeds of darkness: Let not such be named in Elections: And good people, be not threatned by some, or deluded by others to sell your Birth-right for a Mess of Pottage. And as you ought to be careful of the persons to be elected, so you ought to be as careful of the Persons electing, who ought to be such as have made contribution of their purses, strength and counsels, to manage the Cause for the Liberty and Freedom of the People: for in this case those onely ought to be reckoned the people; the rest having by a traiterous engagement, complyance, neutrality, or apostacy, endeavoured to destroy the people, and by consequence have forfeited their Rights and Membership of free people; are no longer to be called Patriots, but Parties in Faction, having acted against the declared Interest of the Common-wealth.

4. Fourthly, the permitting of the Legislative and Executive power to rest in the same hands and persons, is a means suddenly to overthrow a Commonwealth. Reason clears it: for if the supreme power, the Law-makers, be also the Administrators and Dispensers of Justice, the people would be lost without Remedy, in case unjustice be measured unto them: for what appeal have we under heaven, against those that have the Supremacy? For true policie alwayes presupposeth the worst, that governors may be unrighteous; and therefore in all determinitions, points at the enormities and remedies of government.

If I could insist upon Examples, the state of most Kingdoms and Commonwealths in the world would evidence the truth of what I here assert; but passing by all, I come to our own State, and the affairs thereof, which are fresh in every mans memory. The late King, who was and ought to have been no more but an Officer in trust, to see to the execution Edition: current; Page: [7-488a] of the Laws, strained (by the ruine of Parliaments) to get the Legislative power, as well as the Executive, into his own hands: and whilst he strived for this absolute Tyranny, he pulled a swift destruction upon Himself and his Family. Oliver Cromwel, for his time, was a rare Proficient in such projects, and for the same (instead of a blessed memorie, which might have been celebrated for his valiant and bold archievements) he hath left but a stinking savour behinde him, in the nostrils of all honest men.

O Parliament of England, have you been free from this enormity, in the time of your government? Labour to be faithful Patriots to your Country now, and lay a foundation upon which the building may stand firm and sure.

5. Fifthly, There is another rank weed, that grows fast, and is apt to choak a Free-State, whilst it is young and tender; and it is called Reason of State; by Reason of State here, I do not mean the equitable Results of Prudence and right Reason, for upon these ought their Determinations to be founded, and is the safety of States and Princes: by Reason of State, I mean that which flows from a corrupt Principle to an indirect End, which is the States-mans will and lust, when he hath admitted ambition, preferment, profit, revenge, &c. to be his reason. It is a soveraign Commander, an important Counsellor; it answers all objections and quarrels; it makes War and Peace, raiseth Taxes, cuts off and pardons Offenders, treats Embassadors; It can say and unsay, do and undo, make by-wayes high-wayes, and what not? Many mighty Things it hath done in all ages. It was Reason of State that made Pharaoh keep the Israelites in bondage, contrary to the commands of GOD: It was that made Saul spare Agag, and endeavor the ruine of David: It made Jeroboam set up his Calves in Dan and Bethel: It made Ahitochel give counsel to Absalom to defile his Fathers Concubines: It made Abner take part with the house of Saul: And it caused Joah afterwards to kill him: It made John to mingle his own interest with the commands of GOD: It made the Jews cry out, Crucifie, and Pilate to pass sentence: It made Richard the Edition: current; Page: [7-488b] Third murther his Nephew: It was it that made Henry the Eighth persecute the Protestants; and shifting his Religion, fell as heavy upon the Papists. It made his Daughter Mary fill up the cup of her Fathers iniquities: It brought a Scotch Coward to be our King: It made his Son, the late King, endeavour, by a bloody war, to ruine Religion and Liberty: And O Parliament of England, it was Reason of State that made you imprison many of the free people for demanding their Rights: It made you falsifie your Trust, and keep the Liberties of England to your selves: It made Oliver Cromwel aspire to the Top of Supremacy: It made him leave his power to a Goose, instead of a Fox or a Lyon: It was Reason of State that made the Grandees of the Army bring you again to the Helm; and if you do not now sweep it out of your House, and take in the Rule of Honestie, it will unavoydably bring Ruine upon you, as it hath done upon the aforenamed Tyrants.

6. Sixthly, Breach of Vows and Promises, a violation of Faith, Principles and Engagements, upon every turn of time and advantage, is a great errour among Politicians, an Enemy to a Free State, and an Impiety that ought to be exploded out of all Nations, especially such as bear the name of Christians. The people that discern but little, magnifie it for admirable policie; and the Impostors that use it, for the onely Politicians. This is the old Court-Gospel, which hath gained many Proselytes, That a Prince cannot, nor ought not to keep his faith given, when the observance thereof turns to disadvantage, and the occasions that made him promise are past. Surely then the interest of the people should lead them never to trust Princes, nor Engagements and Promises made of Men in power, but ever to reserve a power to themselves, either to reject them, or to make them perform their promises, whether they will or no. And if Princes or men in Authority do sometimes resemble the Lion, and sometimes the Fox, let the free people observe them in both disguises, and keep a power to themselves, to cage the Lion, and to unkennel the Fox.

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I might here bring plenty of instances, both forreign and domestick, wherein might appear the benefit to a Commonwealth, which hath accrewed by a strict observance of Vows and Promises, and what sad effects the contrary hath produced; but for want of Paper, I wave them, and put you in minde, O Parliament of England, that your apparent violation of your Engagements and Promises, had like to have smothered our Free State, in its infancy, and hurryed you, and the Good Old Cause, to Utopia. I know you can frame excuses, and I could give you Machiavils reasons for it; but I question not, but most of you have read them, as well as I.

Seventhly, and lastly, the peoples ignorance what their Liberty is, how to obtain it, and how to preserve it, is an errour in true policy, and an enemy to a free State: by this means have the Grandees of the world, & the Clergy (holding their old Maxime, That Ignorance is the Mother of Devotion) kept the people in ignorance, and shared the government of the world between them. Therefore let the Parliament of England now let the people know what their power is, and let them lay the principles of a Free State before the People. Let Children be trained up and tutored in the Principles of Enmity and dislike against Kingly government, and all enter into an oath of abjuration (as the Hollanders do) against Kingly government for ever. Let the people know that it is inconsistent to a Free State for particular persons to grandize or greaten themselves more then ordinary; for that breeds in them an aspiring to Kingship: thus had the State of Holland like to have lost their Liberty, by the greatness of the Orange Family: And this Parliament hath cause to remember their old General. Let them not commit the continuation of power in anyone Family, because it gives them an opportunity to bring in their particular interest in competition with the peoples. Let the peoples Majesty & Authority of their Votes in their Supreme Assemblies be kept inviolable. Let the Arms and Militia be placed in the hands of such men who were alwayes firm to the interest of the peoples Edition: current; Page: [7-489b] Liberty, and let them be trained and made perfect in the use of them. And principally, let it be an unpardonable crime to incur the guilt of Treason against the Interest & Majesty of the People. First, let it be Treason unpardonable to endeavour to bring in the Kingly power: For this cause Brutus, the Founder of the Roman Liberty, caused his own sons to be put to death, for conspiring to bring back the Tarquins to the Kingdom. Secondly, the Romans held it an unpardonable crime for a Senator to divulge the secrets of the Senate. Thirdly, in the Venetian State it was held Treason for any Senator or Officer to receive any gifts or pensions from any forreign Prince or State upon any pretence whatsoever; or to have any private conference with any forreign Embassador.

The people being thus restored to their just Rights and Liberties, and placed in the Majesty of government, let them observe these brief Rules following.

First, That in a Free State it is above all things necessary to avoid dissention, and not to use the uttermost remedy upon every slight distemper and default of those with whom they have entrusted their Liberties, lest the cure prove worse then the disease: For the enormity of tumult, dissention and sedition, hath been the main objection of Tyrants and their Creatures, against the peoples government. Therefore let the people be moderate and discreet in their behaviour, and give a due reverence to those whom they have elected for their Superiors.

Secondly, That their guardianship of Liberty may be safely placed, Let them be careful, in their Elections, to have an eye upon the publick, and chuse such as have appeared most eminent and active in the Establishment of Love and Freedom.

Thirdly, Be not led by faction, affection, or alliance, to chuse any, but meerly upon the account of Merit; this will ingage your very foes, when they see men put into Authority that have a cleer Reputation of transcendent Honour and Wisdom.

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Lastly, As you ought to have power to call your Representatives and all Officers to an account when you please, so be careful to avoid false charges, accusations and caluminations against persons in Authority; which are great abuses and blemishes to Liberty. And whatever you do, beware of Ingratitude to those who have done handsome things for the Commonwealth: Nor put no trust in the hands of any person or persons, farther then you can take it back again at pleasure. Without a due observance of these or such-like cautions, our Liberty will turn to Licenciousness, which as ’tis a Tyranny in it self, so in the end it will occasion the corruption and conversion of a Free State, into Monarchical Tyranny.

FINIS.

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Zachary Crofton

Crofton, Zachary

20 September, 1659

38.

7.38 Zachary Crofton, Excise Anotomiz’d, and Trade Epitomiz’d (20 September, 1659).

Editor’s Introduction

(Placeholder: Text will be added later.)

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EXCISE Anotomized and Trade Epitomized.

SUch hath been the happinesse of this Nation, that the constitution of our best Laws (principally the great Charter and Petition of Right) which hath been confirmed by so many succeeding Kings and Parliaments, have been always of such force, that the ancient fundamentall Rights, Liberties, and Properties of the people thereof, have been ever kept inviolable; insomuch, that the fame of this our Freedome, hath sounded eccho’s of praises amongst all the Nations round a-about us, they thereby emulating our happinesse, as being that which hath crown’d our felicity, with the name of plenty, and made our trade the Worlds exchange, till of late yeares, this whole Nation hath, and still doth, lye under such weighty burdens by Excise, and such like heavy impositions, that the vitals and life of our trade so languisheth, that it is almost consumed to nothing; so that whereas all our expectations were, that so much Blood and Treasure, should not have been spent in vaine, but that the inlargement of our Liberties should have been indubitably confirmed; yet have we onely the name (in the place of real Liberty) caractarised on all our miseries and burdens; having in the place of righteousnesse, a cry, all the former hopes of our Freedom being eclips’d, and the little finger of our present condition, (exceeding in oppression, Edition: current; Page: [7-493a] the Loynes of those against whom we most exclaimed, and so consequently, are more deeply plunged and involved into thraldome then ever; unlesse this present Parliament, whose power did first impose it, doe now by the same prerogative utterly suppresse it, before the continued custome of it, bring it into the latitude of a perpetuated Law, and so consequently extinguish (with the being) the knowledge also of our Liberties.

That it is an unparalel’d oppression, shall be demonstrated by the severall particulars following, viz.

First, by the disproportionablenesse and inequallity of its imposition, by laying the greatest weight and burden on the back of trade, thereby utterly disheartning the most ingenious and industrious party: Insomuch, that finding the streame of the oppression so strong, and the gusts so powerfull, in an agony they stand amazed, not knowing how to contract, nor yet maintaine the sailes of their indeavours, least by the one they run on this Cilla, or by the other be driven on that Caribdis.

2. By the Bondage Marchants suffer after by all their care and industry, they have hazarded their estates and by Gods providence escaped the danger of the Seas (greater then which was never known) as by that almost incredible number of ships, which by a true list doth appear to be taken since our late warre with Spain, 1200 saile, (besides those which have been lost by shipwracke, fire, and such like casualties) should yet be exposed to an aditionall misery at home by not being permitted to deliver their goods after sale, without paying an imposed penalty by way of Excise; as if the trade of a Marchant (which formerly was accounted the most honorable profession, and principall fountaine, from whose industrious streames flowed in the riches of a Common-wealth) should now be looked on as guilty of some high abomination and therefore fitting to bee manacled and awed with the bonds of slavish restraint, depriving them of selling their goods, with the same liberty, which the Farmer doth his sheep and oxen, Edition: current; Page: [7-493b] or Landlord, his land and houses, without licence, or paying a fine; as if those goods which the Merchant hath purchased in forraigne parts, were not as properly his, as the Gentlemens houses and lands, (or the Farmers cattell) are theirs; or as if our Laws (to which all claime an equall title) should be dispenced with such partiall inequallity, that the one part may have an unquestionable priviledge, while the other is restrained by an unexcusable penury: yea, although this imposition be paid to the full of what that Law can demand yet dare they not deliver their goods without an Officer: so that by long and tedious attendance, for such besides other inconveniences (which requires the charge of keeping a servant more then ordinary, if they have any considerable trade) they often lose the sale of their goods, and conveniency offending them away, unlesse they will expose their estates to a violent seizure, by such, who like ravenous Wolves (using the Law of Excise for their sheepes clothing) will not satisfie their unsatiable appetites, with lesse then the greater part thereof: The Commissioners of Excise alwaies setting them on (like Masty-dogs on silly sheep) incouraging and countenancing (not onely their paid Officers, but such as goe under the name of Free-booters, no purchase no pay, all which, are generally of inferiour ranke and no worth) to give information against any, whom they please, they being without controversie beleeved, before never such able and honest men, that can witnesse by oath to the contrary; because they are Judges and Parties, and sharers in the booties, though they vaile this their arbitrary proceedings, with this plausable excuse, that an oath on the behalfe of the State renders them unquestionable; thus they take the water out of the States streame, to drive the grinding Mill of their oppressions, putting men of mean fortune, into a capacity of undoing, and ruining whom they please, their poverty prompting them also for their owne profit, to swear any thing, because by their arbitrary power, they have halfe what ever they can swear men out of & so erect their own Edition: current; Page: [7-494a] decaies by others ruins; so that from hence ariseth such a spirit of lying and hypocrisie, on the one hand, in hopes of gaine; and such Hypocriticall equivocations, and mentall reservations on the other hand, for fear of losing; that like an invenomed Serpent it hath ingendred a most obhorred and detestable spawne of carelesse swearing which is now grown to such a dangerous, and desperate monster of wilfull perjury, that the custome of this sin, hath taken away the conscience of it, esteeming others but ignis fatuis, bugbear,Jer. 2. 3. 10. Because of swearing, the Land mourneth. and by words, to the great dishonour of God, scandall of Religion, and infamy of this Nation, so that if not stoped, (like a canker) it will eate out the life of grace and spirit of fidelity from amongst us; and then consequently extinguish the very being of religion and power of godlinesse, and hereby also that sacred bond of an oath (which is observed by the very Turks, and Heathen, as the greatest, and most binding eye on earth, and should be also, a Christians chiefe security) will expose the life and estate, of every tender conscience, to the mercy, or rather cruelty, and treachery of every feared conscience, whose barbarous actions, and unbridled progresse in their impiety, utterly disanimates industry, and frights the spirit of ingenuity into a slavish fear.

3. Least there should be an objection made, that the foregoing grievances, have been long since remedied, by constituting a Committee of regulation, to put check to such their arbitrary proceedings; it shall be answered, that however the Parliament might intend it for good, yet it ushers in with it, but an aggravation of our calamities; their appellation, only sounding as if we should there bee supplied with healing salves, and that all our grievances and oppressions should be redressed; but these formerly have (contrary to the trust imposed on them) applied Corasives instead of Restoratives; so that the Marchant, partly with the Aturnies and Socilitors to follow their several causes, and partly by the often trouble and losse of time heire they can obtaine audience, they find the remedy Edition: current; Page: [7-494b] worse then the disease, and an addition to their burdens and oppressions, being often turned back to the Commissioners of Excise, from whence they came, thereby not only heightning the charge of the nation to no purpose; but as if principled by machiavel, they divide and rule, metamorphizing our beautiful ornaments of justice and equity, into torne raggs of oppression, and devastation; therfore, it is now hoped that our Laws shall be no longer restrained, but that those who have received injustice by the Illegall, & arbitrary proceedings of the executioners of that Law (principally the Farmers thereof) may now have liberty to take a due course, by a faire and legall proceeding in Common Law, (whereby our freedomes and liberties ought to be defended) and that there may be no stop put to such proceedings, as hath been, and is daily, most Illegally done by this Court.

4. A fourth grievance is demonstrated by imposing Excise on the very sweat of laborious brows, as Brewers, Stillers, Sopeboilers, &c. who although their materials, (from whence is extracted their manufactory) first paid Custome and Excise at its importation and sale, yet upon altering of the property, must pay it again.

As if a Farmer should pay Excise, not only for his Cows, and Hens, but for the calves and milke, eggs and chickins, which by the strength and heate of Nature, is the concocted product of that food which formerly was Excised.

So that hereby the Marchant and Trader stands in as much feare of the Excise-man, as the Welch Traveller did of his host, when being at supper, and finding amongst his egges, one with a chick in it, hastily supt it up, for fear least his Host seeing it, might make him pay a groat for it.

5. Fifthly neither was the imposition of Excise (as it was instituted in its first Creation) so heavily laid, nor executed with such cruelty and rigour as now, principally by those deformed Monsters of this age, cloked with the name of Farmers of the Excise (but in truth they are no other then unreasonable, and tyranical oppressors and Monopolizers Edition: current; Page: [7-495a] of our Freedome) whose insolent vilenesse, and exhausting oppressions, transcends all former ages: and to whom all those oppressive Courts of high Commission and Starre-chamber (which justly fell) never ran paralel, adding all those unworthy (and so much exclaimed against) patentees, with its projectors together.

Some of whom by the stirrup of pride and ambition, aspiring to lay hold on the bridle of our oppressions, (Excise and its Monopoly) have eclipsed the honour of this Nation and City, by mounting into the saddle of State and Government.

Others of them (being Monopolizers of the Country Excise) have not blushed (in their unhumane bostings) to say, that they would leave them so bare ere they had done with them, that whosoever should farme it after their lease is out,Exo. 1. 14. should never be able to do good by it. Thus they inlarge the gaping gulf of their greedy and unsatiable desires, & (like Egyptian Tax-masters) they compel from us our tale of Brick, when themselves have gotten all the straw; proclaiming themselves hereby, to be of the number of Solomons wicked ones, whose tender mercies are Cruelty, adding hereby not only shame to their posterity, but sin to their souls.

Act. 4. 34.So that contrary to the charity of the Primitive Christians (who sold their possessions, to relieve and make up the breaches of those that wanted) these purchase their possessions by their oppressions, though they hazard the intaile thereof, to be accompanied with a curse to their posterities, they (being wrapt and covered with depraved cruelty, as with a garment) blesse themselves in their impious achievments; adding impudence to their insolence, and by their grinding and cruell Inovations proceed to the violating of the very fundamentall Rights and Liberties of this whole Nation, that groaning under its heavy weight and unsupportable burden it lyeth gasping for breath, they having like unsatiable Horseleeches and Caterpillers, so devoured and drawn forth the treasure thereof, Edition: current; Page: [7-495b] that all our former flourishing tranquility, is thereby become a skelliton of dry bones.

6. A sixth grievance by Excise is, the inequallity of its impositions, by compelling the payment of Excise, for the very custome and charges of all goods, they being generally, not onely much over-rated, but those which are at the lowest rate, comprehend also the custome and charges; so that hereby, it doth evidently appeare, that the whole stocke, and first principle is totally eaten out, in lesse then two (insome) in one one returne, besides the insurance, freight, and charges, which attends all goods; yea, many times the goods are not worth the charges.

As for instance, in Spanish and French wines, which though never so much decayed, must pay Excise 4. l. per Tun Spanish, and 2. l. 10. s. per Tun French, besides the custome and all other charges; although the value of these wines will hardly amount to the very charge of Excise: And this is one of those cruell Laws, which the late unpatterned tyrant made; aiming by these, and such like oppressions, to sink, and vaile, both the Marchants and Traders, and (with these pillers) the prosperity of the whole City; imitating Machavils principles, least the flourishing estate of so large a head, might counterpoise, and turne the scale of all his usurpt Dominions.

And that which yet adds a greater aggravation to the Marchants miseries, is, that it is brought to a custome that they must pay Excise likewise, upon the sale of their goods; so that hereupon they are forced, not onely to imploy double the stock usual, but often (by the failing of their debtors) they lose both their stocke, first disbursed in forraigne Parts; and also the Custome and Excise thereof, together with all other charges; and yet pay to the State (if their trade be any thing considerable) the value of their whole stock yearly; yea, many Traders pay above treble their stocke, in Custome and Excise annally: How then is it possible this nation can possibly flourish, when the Marchants (the naturall fountaine of this Nations prosperity) Edition: current; Page: [7-496a] are obstructed and deprived of their former Freedomes, which in all other States, and Dominions, they have a tender respect unto, and alwayes confer more peculiar prerogatives for their encouragement, then to any other profession: being sensible, that with their well being, consists the prosperity of their whole Territories; witnesse the Duke of Tuscany, who by the policy of granting free priviledges to Marchants (upon very small or no duties) hath of a poor fishing village, converted it to a most flourishing, and strong City, and with it, thereby inriched his whole Dominions; and it hath ever been the chiefe, and principall policy of the States of Holland, in all times to procure of all Kings, and States, some peculiar prerogative above us, and other Nations, for the ease of the Marchants charge of their Nation; whereby (together with the small customes they pay at home, and; the charge in setting forth their ships, that we have) they insensibly eat us out, of both trade and shiping; as already doth so frequently, most apparently appear; in that it is seldome seen, that any Marchant that hath any parts of ships here, can reap the interest of his mony; but oft times, they on every voyage adde more stock (in place of receiving interest) to the setting them forth again; so that the Marchants building, or buying a ship for any Master, doth but purchase an Inheritance for him, while themselves suffer; and therefore must much dishearten them therein, and is the great cause of our decay of shipping, in regard they are necessitated to be at greater charge in victualling, and more numerous manning them, then the Holland, because they cannot be furnished with Convoyes to conduct them, which the State of Holland ever maintaineth, and alloweth to all; & in equity should also be greater by this State, because the customes they pay (which is upon that account) are greater.

Thus as our shipping goeth to decay, the Hollanders increaseth, and the Nation flourisheth; and if not suddenly taken into consideration, and provided against by some good Laws, this Nation will ere long be subjugated, to Edition: current; Page: [7-496b] their wils, as the Carthaginians, who as long as they continued their navall power, were able to wage war with their neighbour State, the Romans, upon equall termes; but upon their neglect thereof, they were suddainely involved into a constrained obedience.

And so likewise had we miserably suffered in 88, had not a speciall providence, and benediction attended the endeavours of our navall forces, with a happy successe against the Navy of the King of Spain, and the rest of the confederate Princes, when they came against us with such a potent, and numerous Armado.

7. A seventh grievance is by the frequent burthening mens consciences, by enforcing of othes impossible to be taken; so that many to avoid wronging their consciences, lose their trade, and sale of their goods, while others (stretching their consciences to the extent of the Excise-mans tainter) carry away the trade from them.

Neither is the rigour of these inforcements, any whit inferiour to that rack of good mens consciences (the Star-Chamber, and high Commission Court) formerly so much condemned, and exclaimed against, as a marke of the highest tyrany; but as if their tyrannicall ambition, disdained to come short of their Predecessors, they have so farre exceeded them, in this their oppressive Court, that they not only compell men to sweare against themselves, but also apprentice servants against their Masters, though absolutely contrary to their oaths, and covenants, which they make at their first entrance into servitude to them; herein appearing such active agitators of tyranny, that they have attempted to act that, which the Starre-Chamber Commissioners never durst so much as think. So that hereby, the Excise-man (like the subtill Jesuit in affairs of State) hath an unavoidable inspection into the misteries of trade, and thereby, are in a capacity upon all occasions, to enter upon the same way; and so consequently, not onely shuffle out ancient Traders, but likewise, stifle the very infancy of new beginners, and fortunes of Edition: current; Page: [7-497a] second brothers, whose trades have formerly proved so advantagious, as hath exceeded the inheritance of their elder brothers; but at the present (by this cursed Excise) it is almost utterly decayed, unlesse some speedy course be taken for its remedy; for being truely considered, reflects much on the interest, not onely of trades-men, but the most eminent families of the whole body of this Nation, will in some measure suffer, being epitomized, and contracted into the trade of this City.

8. The eight grievance is, the uncivill proceedings of the offices thereof, who upon every suspition, and often malitious information, come unto our houses with armed men, and if not immediately let in, violently break open our doors, to the great affrightment, and amazement of our wives, children, and families.

9. The ninth demonstrateth the inequality, of this imposition, depriving the Common-wealth of many members, who forsake their callings, to be waiters, informers, free-booters, with an innumerable rabble of idle drones, who make their gaine, by honest, and laborious mens ruins, and (like swarmes of noisome Locusts) they overspread, and devoure the substance of the whole Land, and become as chargeable to this Nation, as a considerable Army, so that notwithstanding the revenue that commeth in by Excise is so vast, yet the ¼ if not ½ part is eaten out by the innumerable multitude of officers; all which (besides the large profits which the Monopolizers thereof reap, being near sufficient to maintaine another Army) might be taken off, to an unexpressable ease of the People.

And then might we in some measure say, we have the priviledge (as well as the name) of a Common-wealth, when the charge of the Nation is ¼ part lessened, and not so heavily laid on the back of Traders; but all conditions beares a proprotionable share of the Nations charge, according to their abilities; and this cannot any way be done, but by raising monies by subsidies, tenths, or fifteenths, according to the usual, and laudable way of Edition: current; Page: [7-497b] our ancesters: and by this way onely did they defray all charges, when this Nation was beset (with farre more dangers, then now hath appeared for many years) both with French, Scots, and Spainard; and then also, had they a very small, and low Custome; and yet the expences of the Court, likewise to defray, which is now so much cryed out against, as an extreordinary charge of the Nation.

But it is the general opinion of some (whose affections perhaps concenter not with the way of this present government) that this Paliament (being most, or all landed men, and few Traders) will never take away Excise, because their own burdens, will thereupon become greater; but in this it is supposed, that opinion hath darkned the eyes of their judgements, which is very much hoped will be suddenly testified to the world; the Parliament being sufficiently informed, and sensible of the sinking, and languishing estate of this Nation (by this Excise) for want of trade, and that they will therefore, manifest to the world, that they disdaine so much as the thoughts of selfe endednesse, by taking away, and utterly abolishing this generall burden of Excise from the people; though in the meane time, themselves in some measure suffer by a larger Tax; yet is supposed cannot much exceed ordinary, if we thorowly consider the great, and vast charge, that will bee taken off by the innumerable attendance of this Excise.

Besides these, and many more insupportable burdens, that lyeth upon this Nation by Excise (too tedious here to insert) it ushereth in with it, an innumerable traine of oppressions: In consideration whereof, no former Parliament would ever consent to a grant thereof; untill the yeare 1643. at which time (the affairs of State, fluttering on the wings of doubtfull successe, against the forces of the late King, and not knowing which way hand of Gods Providence might turn the scale) the Parliament, (to carry on the great, and imergent affairs of the State, in the depth of their extremity in that juncture) did (for the ease of those that sided with them) impose the same, because therby Edition: current; Page: [7-498a] they brought the enemy to contribute to the maintainance of the warre against themselves, which by no other way could be; for we having all the Maretime Ports of consequence, and they the Inland onely, their necessities required a supply of all Marchandise from us; and so paid Excise, which defray’d the charge of the Parliaments army, & was their only policy, and chief reasons, for imposing the same as, by their own ordinance, 11 Sep. 43. doth appear; yet did they then impose the same, with much regret, and unwillingnesse, because contrary to the great Charter, and Petition of Right, which invironeth our Rights, and Liberties; and therefore, tenderly sympathizing with us therein, they then limited it, to continue but one yeare, hoping by that time, to bring those which adhered to the King, under their obedience; and then againe, to raise monies for the occasions of State, by the ancient, and equitable way of subsidies; yet finding that warre, to continue longer then their expectations, they were again necessitated to renew their former ordinance, 8 April 44. limiting it to continue only one year, from the eleventh of September following, least its continued progresse, might aggravate our calamities, as by the foregoing particulars, hath too apparantly appeared: But it was never knowne, that ever any Parliament in England before, did levie monies, by way of Excise; they never having such unhappy causes to force them to such impositions, which then was the best, and most equall, and carried with it much reason, and policy, because no other way could be found, to bring the Kings party, to pay towards the maintainance of the Parliaments forces; therefore it is generally hoped, that the cause and reasons, being now removed, the effects, and thing it selfe, will be likewise taken off; and that this Parliament (considering the cause, of our decay, and ruines) will with their ever honoured ancestors, annihilate, utterly demolish, and deradicate, both the name, and being, root, and branch of that detestible, and so often damned imposition of Excise, whose prudence never Edition: current; Page: [7-498b] gave it time to hatch, but always crusht it, in the very egg, at its first nomination; it being such a stranger to our Fore-fathers, that no History, nor Chronicle whatsoever, hath ever been seen to nominate it, before the third year of K. Charles; at which time the Duke of Buckingam, and other evill Councellors, endeavoured to set it on foot, dating it after the summons of that Parliament, and issued it to 33. Lords, and others of his Majesties Privy-Councell; thereby authorizing, and urging, the speedy raising the same imposition, and not to faile therein, as they tendred his Majesties honour, and the safety of the Kingdom, and People; yet the house of Commons, having notice hereof, sent for it, and without one dissenting voice, voted it, and adjudged it, to be against Law, and contrary to the Petition of Right.

And then desiring a conference about it, with the Lords in the Painted Chamber, after the commission was read, Sr Edward Cook, and Mr Glanvill, by the Commons appointment, did there manifest the illegallity, strangenesse, and dangerous consequence of it, to the whole Kingdome, and amongst other expressions he stiled it, Monstrum horendum, informe ingence (discanting upon every word) yet blessed be God, its eyes were pulled out, by the Commons, in Parliament (which they hoped, their Lordships would second) before ever it saw the Sun or was ever brought forth into the world, to consume, and devour the Nation.

Whereupon, the Lords fully, and unanimously concurred with the Commons, adjudging it, to be against Law, and the Petition of Right, and fit to be eternally damned; and upon the Lords request, to the King, this Commission was cancelled in his Majesties presence, by the Lord-Keeper, and by them sent cancelled, to the house of Commons for their satisfaction; who returned it back to the Lords, with thankes for their care, and concurrence herein.

And to manifest a farther emulation, and dislike to Edition: current; Page: [7-499a] such illegall proceedings, June the 21. 1628 they cast Sr Edward Sawyer (a member of the House) out of it, and upon solemne debate, committed him Prisoner to the Tower, and perpetually disabling him, from serving in the Parliament for the future, because he had a chiefe hand in making a book of Rates, for tunnage, and poundage, and laying impositions on the subject, in nature of a Projector.

And likewise suspended Mr John Baber (then Recorder, and Burgess of Wels) onely for making a warrant, to billet souldiers on some of the Townsmen, against Law, and subjects Liberty; resolving that all the projectors, and promoters of illegall impositions, were unfit to sit, and vote in any English Parliament, and fit to be turned out thence, with greatest Infamy.

If therefore these proceedings, in illegall impositions, were then so solemnly, and unanimously condemned, as contrary to the Law of the Land, and Petition of Right; it seemeth now exceeding strange, and absonant to reason, that so much Blood, and Treasure should be spent, to Purchase that Misery, from which we were then freed.

Neither would this Parliament, so much as passe a bill for subsidies, but in the 25 of March 1628. they did unanimously declare, that it had been the old custome, and use of our Parliaments, constantly to redresse, reestablish and secure, their violated Great-Charter, Laws, and Liberties, in the first place, before they would debate, or grant any aides, or subsidies, demanded of them, (though never so pressing, and necessary) it being both dangerous, & imprudent, and a breach of their trusts, towards the People, that elected them, to play an after-game for their Liberties, Laws, and Grievances; which would never be effected, nor redressed, after subsidies once granted.

Whosoever saw, or heard of the Declaration of the Commons in Parliament, dated 8 September 1642, could not have thought, but they would have been as faithfull, Edition: current; Page: [7-499b] and tender in preserving the Liberties, and Priviledges, of the subject as ever their predecessors were when they declared that they had received information, that divers publique rumours, and aspersions, are cast upon this House, that they intend to assess every mans pewter and lay Excise upon that, and other commodities: the House for their vindication therein, do declare, that those rumours, and scandals, are raised by ill affected persons, & tendeth much to the disservice of the Parliament; it is therefore ordered, that the authors, of these false, and scandalous rumours, shall be searched, and enquired after, and apprehended, and brought to this House, to receive condigne punishment.

Yet notwithstanding (as if such a declaration had never been made) the Parliament levied this imposition, the very succeeding year: So that now, we can onely say, we had such noble, and worthy Patriots, sitting at the helme of our Common-wealth, who would hazard their being blown overboord, by stormes, and tempests, before they would neglect their trust; it is now onely wished, that one drop of that noble blood, and resolution, were yet remaining in the veines of their successors; for then should we reap, (or at least, gleane) some part of the fruits thereof: But some there are, who endeavour to tickle our bleeding wounds, and thinke to set our sinking condition aflote, and rectifie the distempers, of our Excise maladie, by prescribing a removall, from Broad-street, to the Custome-house and to this end, have endeavoured to propagate it by petition; but they are not sensible of the inconveniences, that will succeed: they know not that the dead are there, & that her guests are in the depth of hell for though hereby the great expence of officers may be taken off, yet would it prove of dangerous consequence, and be a meanes to have it perpetuated with the Customes; so that we had better endure the inconveniences, we now suffer, for a time, where it is then be yoakt to it for ever in another place; this deceipt is much like that of boyes, Edition: current; Page: [7-500a] who hiding a pin in a faire rose, prick those that smell it. But we must have an eye, as well on Jaels Naile, which will pierce our Temples, as on her milke, and lodging, to relieve our thirst, and wearinesse; as well on Dallila’s sizers, to cut our haire, as on her lap to lull us asleep; as well behind on the taile of the Serpent, as on the uniforme variety of his chequered body. Now herein lies the danger, of such impositions, that like snowbals, they are alwayes gathering, and like Rivers, who the farther they goe, increase to a larger magnitude; and as the People of Naples, whose voluntary contribution, was at first ten Carlins, to Alfonsus, towards the maintainance of the wars of Spain; after that, it encreased to 5 Carlins more, in the time of Fardinando and from that time forward, it encreased by degrees to 66 Carlins.

So that to raise this, they laid a Gabell, (or Excise) upon all manner of necessaries for food, even to beanes, pease, apples, and all other fruit.

So that Charles the fifth, compelled from them, in 10 Taxes, 5 millons of gold and Philip 2. in 33 severall times, 30 millions of gold, and Philip the 3. and 4. from 1628. till Massanello’s rising 100 millions of gold.

Thus their Gabell (or Excise) like the River Nilus, never ceast increasing, till a universall deluge of misery, had so overspread, that flourishing Kingdom that the bankes therof, (not being able to containe,) brake forth with such violence. as threatned (with its ruine, and destruction) a perpetuall rent, at least, from his other Dominions: I need not inlarge, Mr Prin having more particularly amplified, and demonstrated, the Illegaility of this Excise, in his Declaration, and Protestation against the same.

And it is Gods great mercy, that our Excise, which hath filled our Land; with such an innumerable number of poor, hath not ere this, caused a generall insurrection, and devastation; here likewise, it being grown to such a height, and extorted, with such intollerable oppression, as it is at this day, by a cursed generation of Monopolizers, and Edition: current; Page: [7-500b] those who have let the same, have done no better, then enslaved the whole Nation by selling their Freedomes (and our formerly so famous Liberties) to satisfie some particular mens lucre.

Therefore, this monster (Excise) should be dealt with, as Jocasta did with Oedipus, who not only cripled, and cast him away, in his infancy, that he might have no feet, nor foundation to stand on; but likewise slew him, that he might not revive againe: for why should we hug, a poisoned dart, in our already wounded bosomes.

But some will say, how can it be expected, that this Excise can be taken off seeing the publique debts, are contracted, to such a vast summe, it is impossible that ever publique debts should be discharged without it : to which I answer, it can never be expected, so long as that continues; for the burden that it brings with it, is greater then it takes away; and to continue it, is but to pour liquor into a vessell by the spicket, while in the mean time, it runs out at the bung; whereas, by taking off this burden (though in the place a subsidy, or tax be laid) we shall have a third, if not halfe our shackles knockt off at once.

Is there no way to supply the necessities of this State, but by imitating the Devils remedy, who (taking the opportunity of Christs hunger) perswaded him to relieve himselfe, by turning stones into bread?

Seeing an ordinary meanes, by way of subsidy, may do it more easily, and equitably, why should an extraordinary way be used.

I know there are a multitude, that will plead for the continuance thereof; but if you look on the force, of their argument, the streame of their discourse, tends onely to drive their owne Mill, and like Demetrius the silver smith, who appollagiz’d for Diana: Sirs, you know by this craft, we have our goods, and if Excise goe down, our livings goe downe with it; thus for their owne private profit, they dispute against the publique good.

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Thus farre to testifie (with the inequallity) the miserable poverty, that is brought on this whole Nation, for want of trade, by this most unequall way of Excise.

There remaineth yet other oppressions, which causeth an impediment to trade, and so consequently the impoverishing the whole Nation, and that is by imposing such large Customes, on all goods, farre exceeding what hath formerly been, and that which yet aggravates this burden, is that Argeer duty, importing ten per Cent Custome, forcibly extorted from all Marchants, for all imported commodities; but that which is yet more abhorred, and detestable, is that all this is shrouded under the name of a Charitable act, to redeeme captives, when indeed it hath been converted, to other ends; neither is there a necessity of such Collections, in regard of our present amity, with that Nation; besides, when we were at peace with them, and were in a reall way to redeem Captives, yet did we then only pay the moity that we now doe; and this was, one amongst other of the late Tyrants trickes.

Now if this Parliament, in their wisdome, would please to constitute a Committee, for the advance of trade, that Customes, might be taken down, to a lower rate, we might thereby, much recover our lost Trade, and this Land would become a store-house for all Nations, and therby consequently, the reception of the Customes would be larger then now it is.

For first, the importation of Marchandise, will be far greater then now.

Then secondly, all those, who (while there are great impositions) will hazard the losse of all their goods, rather then pay so much, will then be content to pay the whole, without seeking to save: To verifie the truth hereof, there are many instances, Tobaccoes, not being altogether impertinent, which the lower the rate is put upon them, hath alwaies produced a far larger reception, and the higher the rates have been made, the less hath been the increase.

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The State of Venice, as long as they put low Customes, on goods, they carried the chiefe trade, of those parts, and inriched themselves, by supplying all the Nations, and Principalities, farre and neare; but upon raising the Customes, their trade strangely decayed, and was transferred to Genoa, upon their laying small impositions, so that thereby, in a short time, they became in fame the richest State in the World; but as time increast their wealth, so did it likewise beget covetousnesse, which prompted them to graspe at more, by raising their Customes; whereupon (notwithstanding that unexpressible expence of Treasure, in erecting a stately mould, for the security, and shelter of shipping, from the danger of those bad Seas) their trade suddainly, declined, and vanished; but the great Duke of Tuscany taking his advantage thereupon, made Leghorne a free Port, by which meanes, of a poor Fisher-Towne, it became not only rich it selfe, but hath enriched his whole Territorles, and continueth the Storehouse, of all those parts to this day; so that the State of Genoa, seeing their former error, are now endeavouring, to regain their former losse, and invite trade, by declaring that City as free, as Leghorne.

And this is another reason, that the Hollanders, also at this time, carry away the trade from us.

And this very way was likewise proposed, and some progresse made, for the setting of it a foot here in England in the time of King Charles.

It hath been the policy, also of our State (for the propagating of Trade, and continuing the staple of woollen manufactories, in this Nation) to provide strict Laws for prohibiting the exportation of Wool, and Fullers Earth; it being of such weighty importance that in the observance, and strict execution, of those Laws, consisted the chief riches of this Nation, and through the industry of the Merchant (who convoyed the manufactories thereof, as all sorts of stuffes, and cloth, farre and neare Edition: current; Page: [7-502a] supplied the whole World therewith, and thereby it became as beneficiall to us, as all the Spaniards West-Indies was to them: but of late, some particular men, to accomplish their owne private gaine, have frequently exported, both Wool, and Fullers Earth, into forraigne parts (principally into Holland) whereby that Nation, hath attained, not onely to the height of our Art, in all such like manufactories, but likewise have in a great measure drawn from us that Trade, by supplying other Nations; and if this be not suddenly provided against, by severe Laws, and as diligently lookt after for prevention, will unadvoidably, ruine that our Trade, its exportation being shrouded under such subtil wayes as is not easily discovered.

These I suppose are arguments, and presidents sufficient, to convince any man of reason, and therefore shall decline, from enlarging any farther, onely shall offer these few Scriptures following, to the consideration of this present Parliament.

That seeing the eyes and hearts of this whole Nation, are looking on this present Parliament, and longing for their deliverance, from all the tearing briers, of their oppressions, that like good Nehemiah (who when the people complained of their bondages, and oppressions, and that their Sonnes, and Daughters were Servants, and that their Land, and Vineyards were morgaged, for monies borrowed, for to pay the Kings Tribute) they will so manifest, their displeasure, and anger, not only against the oppressions, and arbitrary proceedings of the Monopolizers of our Freedomes, by exposing them to the lash of Justice, for their tyranny, (As he did, and yet went forward in the work of the Wall) but likewise that they will utterly remove, and take away the spawne which first ingendred, such thraldome, least by its continuance, this whole Nation become, not only disabled from trading, but likewise from paying their impositions, for they cannot make brick, without straw.

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And then likewise, may they be in hope in time, to redeeum their morgaged Lands, and Houses, and support their tottering estates.

Ezek. 46. 18. Thus saith the Lord, remove violence, and spoile, execute judgement, and justice, take away your exactions from my People.

Jsay 58. 6. Is not this the fast, that I have chosen, to loose the bands of wickednesse, to undo the heavy burdens, and to let the oppressed goe free, and that ye break every yoak?

12. And they that shall be of thee, shall build the old wast places, thou shalt raise up the foundation of many generations, and thou shalt be called the repairer of breaches, and restorer of Pathi to dwell in.

FINIS.

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William Bray

Bray, William

17 October, 1659

39.

7.39 William Bray, A Plea for the Peoples Good Old Cause (17 October, 1659).

Editor’s Introduction

(Placeholder: Text will be added later.)

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I.

AS to the first Aphorisme, it is granted you, that the errours and sufferings of a People, are from their Governours; But I desire you to consider, and grant the Reason thereof which is, (as I conceive) because they have laid aside the RIGHT RULE (viz. the FUNDAMENTAL LAW) to be directed, and governed by, and to govern others also by, in this grand and humane concernment, as to LIFE, LIMB, LIBERTY and ESTATE, according to the 29th Chapter of the great CHARTER of England.

II.

As to your second Aphorism I averr, That the foundation of the Government of England is LAW, and a sufficient unmoveable Foundation, and is termed a Fundamental Law, not only from the unknown Original of the great Antiquity of it, (by mutual consent, agreement, and usage of the People (as is to be presumed) upon mature and serious deliberation, without any violent imposition) But because of the justness, peaceableness, and impartiality thereof, for the provident means of conservation of all our Lives, Limbs, Liberties and Estates, from illegal, and Arbitrary violence, and destruction, and to procure Justice and Right in the Land of our Nativity; And for the Governours (being generally but temporary, and subject to imperfection, death, and divers humane casualties) they are in the eye of the Law subordinate to the being, and Excellency of the Law, neither did ever any wise and just person (as I conceive) who loved his Country) in any age or time, (upon just and serious consideration with himself (requisite in such cases of weight) endeavour to alter it. And if any persons have laboured an alteration (to gratifie an unjust Faction or interest, or for some other Reasons presented (though very plausible) it hath oftentimes proved very fatal to the Innovators themselves in the experience of the People in the exercise of two of the sences, (viz.) of Sight and Feeling, although you say in your 5th Aphorism, they cannot see but feel.

The 29th Chapter of the Great Charter consists of these ensuing Particulars.

1.

That no man shall be taken or imprisoned in the first Place; because the Liberty of a mans Person is more precious to him then all the rest.

2ly.

None shall be disseissed (that is dispossessed of his Freehold (that is) Lands, or Livelihood, or Liberties, or Free Customs, (that is) of Franchises, Freedomes, and Free Customes, as belong to him by Free BIRTHRIGHT.

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Thirdly,

None shall be Out-lawed made an Exlex, put out of the Law, (that is) deprived of the benefit of the Law.

Fourthly,

None shall be exiled or banished out of his Country (that is) no man shall loose his Country.

Fifthly,

None shall be in any sort destroyed, unless it be by the Verdict of his Equals, or according to the Law of the Land.

Sixthly,

No man shall be condempned at the Kings Suit, either before the King in his Bench, or before any COMMISSIONER or JUDGE whatsoever, but by the lawful Judgment of his Peers, (that is, Equals) or according to the Law of the Land.

And further to manifest that it is to be presumed, that the people were sensible that there was a possibility & probability of imperfection in a King (as he was a man) what through himself on the one hand, or what through evil advice on the other hand, which may surprize greatness and seduce it contrary (peradventure sometimes) to their own inclination, suitable to that saying of the Apostle 1 John 1. 8. 10. If we say we have no sin, we deceive our selves and the truth is not in us. If we say we have not sinned, we make him a lyar and his word is not in us, Rom. 3. 9, 10. What then are we better then they? No, in no wise: for we have before proved both Jews and Gentiles, that they are all under sin; As it is written, There is none righteous no not one. For no single PERSON or PERSONS in the world that ever did or may Rule among men, can say of himself or themselves as Paul in the 4 Heb. 15. said of CHRIST, who though he was tempted yet was without sin; therefore it was necessary there should be a Legal Supremacy in our FUNDAMENTAL LAWS and RIGHTS, and to manifest (as I conceive) that there was like Knowledge, and necessary indubitable apprehention in a King (in the daies of many Monarchs) as well as in the People, that there was such a possibility and probability of imperfection if the Law should not be a Rule to the Governours (as well as governed) there is in the end of the said 29th Chapter these other and last ensuing Legal and necessary particulars, and Obligations, to bind him from intermedling, and doing Acts of evil, or hindring Acts of Justice or Right, and that the Peple in their Methodical Fundamental way of Justice might distribute Justice, and Mercy one amongst another, according to that RIGHTEOUS RULE 7 Matt. 12. Do in all things as you would be done unto.

Seventhly,

We shall sell to no man Justice or Right; So that Covetousness, (which by the Reverend Apostles, and divers Scriptures, is said, to be the Root of all evil) was to be abandoned by this FUNDAMENTAL LAW, and no profit was to stand in the way of Right to any man whatsoever.

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Eighthly.

We shall deny to no man Justice or Right so that the Law saith, it was not in the power or courtesie of Princes to give us Right as a favour, for they were bound by the Common Law, which was our Right for many hundred years ago before the CHARTER, and by the CHARTER, and by OATH, not to deny us Right, yea impartiall Justice or Right. And therefore VVilliam the Conquetour after he had Conquered all almost, yet did sweare to confirme, and defend our Lawes, and antient Customes and Rights.

Ninthly.

We shall deferr to no man justice or Right, so that thereby it is apparent, there was no way for Evasion of this wise CHARTER of Confirmation or Restitution of our Common Law, or to avoyde the injoyment of our Fundamentall Rights (without which we cannot live) For it is a clear thing to all rationall men, that Justice or Right is not to be sold or denyed to any, but if it be neither sold or denyed (in any visible Fact or Deed,) yet if it should be delayed, it would be a lingring, and wasting spoyle and Consumption, and as destructive to the interest of the People, as if the two last precedent Provisions and benefits, had no being at all, for the renowned Lord Cook saith, dilatio est quædam negatio; And therefore I shall say as it is said by the Translator to the Reader in the Book called the Mirror of Justices, (who rationally declined the opinion of some) That our Common Lawes as to the generality slowed first out of Normandy) As Cicero was bold to derive the Pedigree of his Roman Law from the great God Jupiter, so (saith he) I hope without offence, I may be imboldened in the person of our Common Law, to say, That when the Lawes of God and Reason came first into England, then came I in. This I declare, and recite, to shew the excellency of the Fundamentall Law of the Nation.

The Lord Cook in the first part of his Institutes in his Commentary upon Littleton, Lib. 2. Cap. 4 Sect. 108. Magna CHARTA is so called in respect of the weightiness, and weighty greatness of the matter contayned in it in few words, being the Fountaine of all the Fundamentall Lawes of the Realme, and therefore to be presumed inviolable, and saith he, it may be truly said of it, That it is Magnum in parvo: It is in our Books called CHARTA LIBERTATUM. COMMUNIS LIBERTAS Angliæ, or Libertates Angliæ, or CHARTA de LIBERTATIBUS, MAGNA CHARTA confirmed above 30 times in full PARLIAMENT. And by the Stature of the 42 Ed. 3. cap. 3. if any Statute be made against it; it shall be voyd; whereby it doth appeare by the wise Act of our Ancestors (in former and peaceable times,) that they did foresee that future Parliaments might possiby endeavour to make this Fundamentall Law ineffectuall, by making somthing or other against it: And further he saith (To demonstrate Parliaments are, and are justly to be limitted, and guided by it, so as to make no Act contrary to it, or inconsistent with it) It is the FOUNDATION OF ALL OTHER ACTS OF PARLIAMENT: And further he saith (to manifest that this Law was common Law, and was before the Charter in the peoples possession:) It is but a Confirmation or Restitution of the Common Law, as in the Statute, made Confirmatio Chartarum. An. 25. Ed. 1. it appeareth by the opinion of all the Justices: And it is a Maxime in the Law, No man ought to be wiser then the Law, and Ed. 1. for demonstrating his affection to the excellent common Law of England had the honorable Title to be stiled Vindex Anglicanæ Libertatis, as appeares by Mr. John Bashawes Edition: current; Page: [7-506a] Argument of Law (in Parliament) against the Bishops Cannons: And likewise Mr. Sollicitor St. Johns in his Argument of Law against the Earle of Strafford, saith the destruction of the Law dissolves the Arteries, and Ligaments that hold the body together, and cites the Case of Empson and Dudley, who were beheaded for executing that ILLEGALL ACT of PARLIAMENT, 11. H. 7. cap. 3. which gave power to Justices of Assise as well as Justices of the Peace VVithout any finding or presentment by Jury of 12 men of the Neighbourhood being the ancient BIRTH-RIGHT of the subject, upon bare information for the King before them made to have full power, and Authority by their discretions to heare and determine all offences, or contempts committed or done by any person or persons against the order, forme, manner or effect, of any Statute made, and not repealed: By colour of which Act of Parliament SHAKEING the FUNDAMENTAL LAVV, viz: the 29. cap. of Magna CHARTA it is not credible (saith he,) what Exactions and Oppressions were done to the dammage of many People, both indicted at Common Law, and by Act of Parliament 21 H. 8. both lost their heads. And the Lord Cook in the 4th part of his Institutes, calls that ACT OF PARLIAMENT A MISCHIEVOVS ACT, with a Flattering Preamble, The Colour and Fraudulent pretences (to avoyde our ANTIENT BIRTH-RIGHT, TO DELUDE, and amuze the People) were to avoyde divers mischiefs.

1. To the displeasure of Almighty God.

2. To the great Let of the Common Law.

3. The great Let of the wealth of the Land, as high pretences as any (that would make Innovation) can devise.

It was one of the Principle Treasons of Trisilian cheife Justice for dilivering his opinion in subversion of the Law, for which he was deprived of his life: And the Lord Cook in his Proeme to the second part of his Institutes, sets forth that Edward the first did ordaine that Magna CHARTA should be sent under the great Seale to all Justices of the Forrest as to others, and to all Sheriffs, and to all other Officers, and to all Cityes, and to all Cathedrall Churches, and read and published in every County foure times in the year in full County, 25 Ed. 1. cap. 1. and cap. 3. and 28 Ed. 1. cap. 2. 17. And in the Preamble of the great Charter, as the Lord Cook shewes in the second part of his Institutes, This antient, this Common Law was assented unto, and confirmed in these words in the CHARTER, viz. that the King did it spontanea & bona voluntate, that so the King might not plead per duresse, as King John did, who sought to avoyd it upon pretence of Duress; And further saith the Lord Cook in his Proeme to the second part of his Institutes. The Common Law of England, the great Charter cannot be avoyded by the pretence and suggestion of the minority of a King, because his pollitique capacity did alwayes judge him to be of age and no Minor, that no argument whatsoever might avoyde our Fundamentall Lawes and Libertyes: And further he saith that the onely thing that hath impugned our Liberties, hath been evill Counsel, Flattery, and Ambition, and cites the Case of Hugo de Burgo cheife Justice in Henry the 3d, his time, which is above 400 yeares agoe, and Hugh Spencer, &c: for giving rash and evill Counsell to Ed. the 2d, but their advice proved destructive to them, as the Lord Cook that renowned and industrious PATRIOT, excellently shewes and illustrates in the second part of his Institutes of the Lawes, of England in his Proem, and upon the 20th, Chapter of the great Charter. All which (with friendly submission) (although you are a stranger Edition: current; Page: [7-506b] to me) to your impartiall, serious, and just consideration, is of great use, and worthy your reading, and of extending your abilityes, and understanding to manifest your affections, to those Fundamentall Legal Aphorismes therein contained, or to be naturally deduced instead of your own Politicall ones.

And further to continue to manifest the Excellency of the being and supremacy of the Law averred, and mutually confessed in the dayes of Monarchy, and by honourable Parliamentary Counsell, you may see in Rastalls Abridgements of the Statutes Title Justice and Right Justices, An. 2. Ed. 3. Cap. 8. By the assent of the great men, and otherwise men of our Counsell, we have commanded all our Justices that they shall from hence forth do even LAVV and execution of RIGHT, to all our Subjects Rich and Poore, without having regard to any Person, and without letting to do RIGHT, for any Letters or Commandement which may come to them from VS, or from any other, or for any other CAUSE, suitable to this also hath all the Kings of England been obliged by the Sacred and inviolable Obligation of an Oath, and therefore Saint Paul saith, 6 Heb. 16, 17. Men verily sweare by the greater, and an Oath for Confirmation is to them an end of all Strife, and that God (to shew the immutability of his Counsell) confirmed his promises by an Oath; And in the first Remonstrance of Parliament, dated the 15th of December, 1641. you may find what Particulars were declared as grand evils, Incumbrances, Breaches, and Inconveniences done against the Righteous antient Lawes and LIBERTIES of the People, which shewes what the GOOD OLD CAUSE was originally declared to be, in defence of which cause there hath been shed so much precious Blood, Destruction of FAMILIES, and many MILLIONS of Treasure spent.

I have been a little tedious in this, partly, because I saw an ingenious Pen take some just Cause of offence (as I conceive) from your Petition, directed to the Parliament of the Commonwealth, pag. 4. cited by Mr. Rogers in his Book called A CHRISTIAN CONCERTATION, &c.: your words he cites are these, (viz) Your minds are not settled in any known Constitution of Government, or Fundamentall Orders, according to which all LAWS should be made.

The late King Charls in his Declaration (published by advice of his Privy Councell, in the Book of Collections of Remonstrances and Declarations printed by Edward Husbands by Authority of Parliament, pag. 28, 29.) saith, That the Law is the INHERITANCE of every Subject, and the onely security he can have for his LIFE, LIBERTY and ESTATE.

And in an answer to the Petition of the House of Commons, 28 Jan. 1641. pag. 61. he called God to witness that the LAVV and LIBERTIE of the Subject should be as much his care, and industry as of his life, or of the Lives of his deerest Children.

And in the said book of Declarations of Parliament, 19th, May, 1642. pag. 211. 212. We are fully (say they) of the Kings mind, that he might rest so secure of the affections of his Subjects, That he should not need of Forraigne force to preserve him from Oppression, and are very confident he should never want an abundant evidence of the good wishes and assistance of the whole Kingdom, especially if he shall be pleased to hold that Gratious resolution of building upon that sure FOUNDATION the LAW of the Land. Then their Remonstrance of Parliament May 26. 1642. pag. 263. That they would be tender of the LAW, which they acknowledged Edition: current; Page: [7-507a] be the Safeguard of all PUBLICK and PRIVATE Interests. And page 657 and 666, That the Parliament raised the Army for their just defence and LAWS NECESSARY PRESERVATION when an Army was marching towards them to destroy them both. And in the Book of the Declarations of the Army Printed by Matthew Simmons 27, Sept. 1647. After their then victory, they hoped to to put an end to Tyranny and Oppression, that Justice and Equity according to the LAW of the LAND should have been done to the People, That the meanest Subject should fully enjoy his RIGHT, LIBERTIE and PROPRIETY in all things which the Parliament had made known to all the world in divers of their Declarations, to which they had so often bound themselves to perform by their OATHS, VOWS, COVENANTS, & PROTESTATIONS, and the Parliament in the aforesaid Book of Declarations, page 659, 666, 661, amongst other words declared that the Cause was, That the Commonalty might enjoy (in the maintenance of their LAVVS, LIBERTY. RELIGION, their own BIRTH-RIGHTS, FREEDOM and LIBERTY of the LAVVS of the LAND, being equally intituled thereunto, with the greatest Subject, yet we hope (say they) this is far from any purpose, to raise malice and hatred between them and the Gentry; but rather to knit and unite them more fast together, and the late KING CHARLES in his Declaration in the aforesaid Book of Declarations, page 768, 769. Confesses and averrs, That the LAW makes the meanest Subject as much a LORD, of his own as much as the greatest Peere to be valued, and considered as by the said several Declarations will fully and largly (upon perusal) appear.

So that I have shewed some of the chief FOUNDATIONS of our Government, which is unchangeable, and which all personal authorities are subservient unto (their greatest duty and care being to preserve the same inviolable) and the People will be miserable if these FOUNDATIONS or any suitable superstructure to this FOUNDATIONAL RIGHT, Government or Freedom be changed.

III.

As to your third Aphorism, you would have done well to have informed the People, and Parliament of the Common-wealth of England, wherein, or in what particulars the Government by Lawes formerly in the time of Monarchy were imperfect, or ineffectual, that so they might have had some benefit by you, by being made capable to know what you mean, and how to redresse any Invasion upon our FUNDAMENTAL RIGHTS, but a general Charge (in the judgement of Law or Reason) signifies nothing according to an approved Maxim in Law, Dolosus versatur in generalibus.

IIII.

As to your fourth Aphorism, It hath been the Peoples misery that there hath been so many various Governments (as you call them) by Arms. But the use of Arms in a generally professed and pretended, Christian and rational Common-wealth, that hath such excellent Laws (as we have) must be only as contingent things and subservient to the Supream Government the FUNDAMENTAL LAWS of Justice, Peace, and Safety, & PARLIAMENTARY constant COUNSELS

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V.

As to your 5th Aphorism, Its hard to judge and averr, that the People cannot see as well as feel, and it is much if the losse of many thousand persons and Families (several waies) Millions of Treasure, Destruction of Trade, and all other sad inconveniences and consequences thereof, should not make them see. Indeed, if you had said that a party of the People whose eys have swelled with fatness, and have had more than heart can well or reasonably wish, and who have had great and continual places of profit in the Common-wealth, under every Power almost For these not to see because they have not felt, I should have more approved of such a kind of Aphorism.

VI.

To your sixth Political Aphorism I say, That the declared end of this late sad intestine War, was that we might have our peaceable Government by Laws, abhorring all things of Force; The GOVERNMENT by good Laws (as ours are) is just, peaceable, and certain. The Government by FORCE, cannot properly be called a GOVERNMENT, but ought to be subservient to the Supream Fundamental Law, and to the Supream peaceable PARLIAMENTARY Legislators or CONSERVATORS of that Law.

VII.

To the seventh Aphorism, I say in agreement with you, That it is every FREE-BORN mans duty whatsoever, to endeavour to attain to that righteous end the Government by LAWS.

VIII, IX, X, XI, XII, XIII.

To the 8, 9, 10, 11, 12, 13. I say in brief, What the People of England may do, if not trusted with their Rights, I know not: or if trusted, I know not, I cannot divine. I think it is only known to the infinite wise God, who foresees all events; But I have shewed you that our Laws are sufficient, And by a Fundamental Constitution, and as a lawful means to preserve our Rights, it is our Right to have our constant SUCCESSION of PARLIAMENTS, 1 Rem. of Parliament 15. Dec. 1641. The Parliament declared. That the Triennial Parliament for the matter of it did not extend to so much as by LAW they ought to have required, there being two Statutes still in force for a Parliament to be once a year. And the Lord Cook in the 4th part of his Institutes, treating of the High Court of Parliament, cites 36 Ed. 3. cap. 10. A Parliament every year, 4 Ed. 3. cap. Iuter Leges Edgar Cap. 5. Before the Conquest Parliaments were to be holden twice every year. Sithence good men are rare, and also sithence you say, it is not Prudence to be sure of Assemblies of good men, and that there is but a possibility of good in a personal security, a Constant Succession of Parliaments would be a LAWFUL means to make men good, if it were to be supposed, or uncharitably to be presumed not to be in conscience and prudence; yet for fear of the evil, and infamy that may ensue to themselves if they should destroy good Laws, and make bad ones. So that I hope that it is clear, The Edition: current; Page: [7-508a] nature of our form is good, and that it will require necessary action and use, and I suppose your 13th doth conclude with my opinion, viz. Where the SECURITY is in the PERSONS the GOVERNMENT maketh good men EVIL: where the SECURITY is in the FORM the GOVERNMENT maketh evil men GOOD, (especially if the good Law or Form hath its course without violent interruption or Fraud) Hazael had a good opinion of himself a Kings 8. 12, 13. when he asked the weeping Prophet, Is thy servant a Dog that he should do this great thing?

XIIII, XV, XVI, XVII, XVIII.

To your 14, 15, 16, 17, 18. Aphorisms I agree, That Assemblies legitimatly elected by the People, are the only party that can govern without an Army, and that the People are deceived by Names, and not by things, and that the People are generally satisfied in a well ordered Common-wealth, and where they are justly dissatisfied it runs to confusion, and the sad consequences thereof.

XIX.

To your 19 Aphorism, It were good you should endeavour to convince the several parties of England, wherein they hold any thing inconsistent with the Commonweale, that so they may know what you meane. That a GOVERNMENT to be mannaged by a few or a party, is inconsistent with a Common-wealth, I agree with you in this, for it is contrary to our ancient FUNDAMENTAL CONSTITUTION, Lord Coke in his 4th part of his Institutes, upon his treating of the HIGH COURT of PARLIAMENT:, 1 H. 4 M. 70. The high Court of PARLIAMENT to be committed to a few, is against the Dignity of a Parliament, and no such Commission ought to be granted.

XXI, XXII.

To your 21 & 22 Aphorisms, It seems to me strange, that after all this blood and misery you should plead for a National Religion or Ministery, and to hold That any GOVERNMENT without it, is inconsistent with a Common-weale; If your meaning be that the Magistrate, or any of the People, may give a publick voluntary indowment to any, out of their own Labours, Proprieties, and Estates, I conceive they have that Liberty because they have a Liberty of their own Conscience, and so the Magistracy may have an Inspection into the Ministery, they being voluntarily (and according to their judgment and Conscience) obliged one to the other, and so it is the MAGISTRATES MINISTERY; But if you mean that a Magistrate shall impose a National Religion, and indowment upon the People or upon any consciencious dissenting part, when no man can justly give such a Power to the Magistracy, to Lord it over his Conscience (which is tender) and to have dominion over his understanding (which is only subordinate to God in point of Worship.) I am not of your judgment. For that if the People, or any of the People shall be to void of Reason, to pretend to give it, they pretend to give what is not in their Power to give, and the Magistrate receives a pretended power which is unlawful, inconvenient and distracting to receive, and indeed impossible (in manifold considerations) to be well and peacably mannaged if it were given, or received, or usurped, (by its being Edition: current; Page: [7-508b] not given, as indeed it is not in FUNDAMENTAL LAW or Reason) Therefore how barbarous, and irrational, as well as unchristian it is for a MAGISTRATE that is mutable in his understanding (as most Ages and times have shewed) & not LORD of his OWN CONSCIENCE: (no more then any other man) to impose upon another in Worship or charge that which is against his Spirit, when the very command and imposition (if against Conscience) may cause the sin of Hypocrisie, and make the Spirit boyl and rise in unpeaceableness within himself against the Worship, and Form thereof, as well as against the person imposed, there being nothing but indisposition of mind both to Person, Doctrine, Faith and mutual society, Whereas the reverend Apostle saith, VVhatsoever is not of Faith is sin. And God himself doth not value a worship if in Hypocrisie and without Faith, and conviction; I might mention the miserable and great calamity the endeavours of imposition upon the Conscience hath occasioned, How grievious and burthensome were the waies thereof (declared publickly to be offered) by the Bishops to men of different Judgements who came to be distinguished by Presbyter, &c. What calamities did they declare to suffer? And what change of calamity came upon the flourishing Episcopacy? And how grievious and contrary was it (a great while (and peradventure yet still remains) to the Conscience of the Episcopacy, to subject to the Judgment, Form and Worship of the Presbyter, and how difficult hath it proved to the Presbyter to endeavour to intermeddle with matters that concern the Conscience or Reason of any other men different from themselves, I submit to your self, and ingenuous and impartial Readers, Besides, if you take a view of the whole body of the Scriptures of the new Testament you will find that the greatest part of the National Ministery, and the special Prophets and Apostles of God, and of Christ were for the most part contrary one to the other; and how that God by his Son Christ, and his said special Apostles and Prophets brands them with words of infamy, as grand and capital instigators to Kings & Princes, by advising them to shew their advantage & be oppressive to their great danger, cares, and trouble of mind, perplexity of State and sometimes desolation, as wel as the calamity of multitudes of good People, and effusion of innocent blood. And indeed in our late times, Mr. Bagshawe in his Argument of Law in Parliament (against the Bishops Cannons) averreth, That the Liberty of Conscience is comprehended in the Charter of our Liberties. And I also remember, I have read that the Macedonians petitioning Jovianus the Emperour, for banishing of those who were not of their judgement in matters of their Religion; The Emperour perusing their Supplication gave them no other answer but this, I tell you truely I cannot away with contention, but such as do imbrace Unity and Concord, I do honour and reverence them: And I have also read, that it was the saying of Maximilianus the Emperour, To seek to domineer over the Conscience, is impudently to invade the Tower of Heaven; And how inconsistent it is with that golden Rule, (which every man should endeavour actually to excel another in, according to the saying of the Heathen Orator, Omnis virtut is law in actione consist it, the praise of all vertue consists in action) 7 Matt. 12. VVhatsoever things you would have others do to you, do the same to them, 7 Matt. 2. Judge not that ye be not judged, with what measure you mete, it shall be met to you again.

And Mr. Alexander Hinderson (the great Scot) in his Paper to the late King Charles about 1646. hath this quotation I remember (saith he) that the famous Joannes Picus Mirandula proveth by irresragable reasons, which no rational man will Edition: current; Page: [7-509a] contradict, that no man hath so much power over his own understanding, as to make himself beleeve what he will, or to think that to be true which his own reason telleth him is false; much less is it possible for any man to have his reason commanded by the will or pleasure of another. And further he confessed, That,

It is a true saying of the Schoolmen; Voluntas imperat intellectui, quoad exorcitium non quod specificationem, Mine own will or the will of another may command me to think upon a matter; but no will or command, can constrain me to determine otherwise then my reason teacheth me. See also Mr. Rogers his Christian Concertation as to this point of Christ, his being King and Lord of the Conscience, and Sir Henry Vane his Healing question, pag. 6. therefore let me close up my opinion against your 21 Aphorism, with the force of your own words in your 22 Aphorism, (viz.) To hold that there may be Liberty of Conscience, and not Liberty of Conscience is inconsistent with a Commonwealth that hath the Liberty of her own Conscience, or that is not Popish.

XXIII, XXIV, XXV.

As to your 23, 24, 25, Aphorismes I agree with you, that where civil liberty is intire, it includes liberty of Conscience, and where liberty of Conscience is intire, it includes civil liberty; They are the inseparable RIGHT of the people. As to your 25th. Liberty of conscience must have security under any GOVERNMENT; or else the opposers thereof wil descend into an inevitable Tyranny.

XXVI.

To your 26th. Aphorism I have cited and declared unto you the great and chief Foundations of our Government, which are GOOD ANCIENT LAWS, and SUCCESSIVE PARLIAMENTS; so that you need not put your self to the danger of introducing Government, or waving Prudence, and committing things to chance.

XXVII.

To your 27th. Aphorism, I shall onely say in addition to what I have already said, That our aforesaid Fundamental Laws, & Government of England, made and confirmed legally by our good and peaceable Ancestors, goeth Universally upon natural principles, and so is not inconsistent with Scriptures, the said laws of England are grounded upon the Laws of God and Nature Doctor and Student, and Fineux and Priset former chief Justices in England (in the dayes of Monarchy) said the Laws of England are founded upon the laws of God.

XXVIII.

To your 28th. Aphorism I agree, that the wisdom of man in the Formation of humane Government, may not go upon supernatural principles, because they are inconsistent with a Commonwealth, upon many and divers considerations, too tedious and too impertinent at present to treat of, considering we have such righteous Fundamentals already laid, better then which we none can lay, which foundations no men upon any pretence can justly destroy.

XXIX.

To your 29th. Aphorism wherein you aver and say in these words. viz. To hold that (Hirelings as they are termed by some) or an indowed Ministry to be removed out of the Church is in-consistent with a Commonwealth. I conceive I have sufficiently answered this in answer to your 21, 22, 23, 24. Aphorismes wherein the people have their lawful liberty, and the endowed Ministry have their lawful liberty to receive Edition: current; Page: [7-509b] the Contribution (if voluntary) of either Magistracie or others, and to expect more is a violent imposition and intrenchment, upon the natural and Christian Rights of the People, which judgement I confess I shall be of, unless I shall be rationally satisfied in answer to what I have already said; and unless it can be also made appear to me, that the incomparable PERSON CHRIST, and his Apostles did aduise Magistracie, to compel persons to violent actions to constrain maintenance to them, or any other of their successive Ministry, Matth. 10. 6, 7, 8, 9, 10. Christ bids his Apostle; preach to the Lost Sheep of the house of Israel, commands them freely to give because they had freely received; and orders them neither to provide Gold, nor Silver, nor Brass in their Purses, nor scrip for their journey, nor two Coats, nor Shooes, nor staffe, and if the House, City, or Town, was not worthy or should not receive them or hear their Word, they were to depart, and shake the dust off their feet, agreeing with Luke 9. 2, 3. and Luke 10. 3, 4. He told them he sent them as Lambs amongst VVolves, and to the end they (in their loving and Christian kind nature, as examples for others) might not scruple eating and drinking such things as were freely set before them. They were approved in accepting thereof, because the Labourer is worthy of his hire. And 2 Cor. 8. 1, 2, 3. 4, 5. Paul commends the Churches of Macedonia, that they were willing of them, selves to be bountiful, and to make intreaty to the Apostle for his acceptance of their liberality, and yet not as he hoped for it, He was so far from using arguments or FORCE and Violence to Magistrace inducing them to compel others to their subsitency. And I must confess if you can prove that the indowed Ministry at this day (many of whom are Learned and Wise men) can safely intitle themselves to be the Lineal descent, and especial Ministry of Christ, yet it will still remain to prove that they can legally extend their Authority, or desire the Sword of Magistracie to extend his strength higher or in another way, or method, (upon any pretence or dispensation) then either Christ or his Apostles did: I presume there may be given a thousand-fold more reason and Evangelical apparent arguments (against such an Innovation) then for it.

XXX. XXXI.

To your 30, & 31, Aphorisms (viz.) That nature is of God, and that some part in every Religion is Natural, You should explain your self how it may be said to bee of God, and what part in every Religion is Natural; if you would have another know your Judgment, and be convinced by you; In order to which I shall commend unto you an excellent little Treatise, entituled Natures Vindication, by Capt. Robert Euerard.

XXXII, XXXIII.

To these Aphorisms I agree at present, That an universal effect demonstrateth or may demonstrate an Universal Cause, there being a Reason for it in your 33 Because a Universal Cause is Nature it self.

XXXIIII. XXXV, XXXVI, XXXVII, XXXVIII, XXXIX, XL.

I agree to the 34, That every man hath some sense of Religion in him (if you mean by it, an acknowledgement of God, which is presumed to be in his understanding) and for your 35, I shall not disagree to it, if the rational Principle be not destroyed, upon colour or pretence of Religion; For your 36, I agree with you, That Government is of humane prudence, and humane Prudence is adequate unto mans Edition: current; Page: [7-510a] nature; But humane Prudence and mans nature, will never destroy a Legal ancient Government of a Nation, (grounded upon humane Prudence, and the Law of nature, (as ours is) For your 37, A Prudential Government (if you mean by Prudence, true Wisdom) cannot be regardless of true Religion; for thereby it would be dissatisfactory unto mans nature; But yet on the other hand, there may be a Religion National or Publick, or a Publick leading, (terms in your 39, 40, & 41 Aphorisms) That may be directly against God, Law, Nature and Nation. As to your 39, It doth not prove, or infer a publick leading in Religion to be good, because the Major part of Mankind, giveth up it self unto it, and therefore you had no reason to make such an Aphorism as your 40th, wherein you say, There must be a National Religion, that there may be a Publick leading, Witness the daies of Q. Mary, &c.

XLI. XLII. XLIII, XLIIII. XLV. XLVI.

I agree with yovr 41, & 42 taking what I have already said in this Point before and what you have already granted in your 22, 23, 24, Aphorisms. That if either Major or Minor part in a Nation, deprives the others of Liberty of Conscience, it is Tyranny. To your 43, & 44, The great pretence of the National Ministery is, That they are Ministers of Christ, and not relating to the Priesthood before Christ: so that to endeavour to attain to maintainance by Violence and Imposition, is against that Christian Apostolical example. And as for abolishing the Nationall Religion, none can or ought to endeavour to do that but the National Magistracy if he see Just cause, because they are the Magistrates particular indowed Ministery, the Magistrate having the liberty of his own Conscience, So that there is no rational Foundation, for the unconverted Jews (your own terms) to take away the Liberty of Conscience from Christians, For equal Justice and Conscience being observed, there would be no disturbing one another; Therefore if you are for such an impartiall Liberty of Conscience, you may have such a National Religion or endowed Clergy.

I thought to have treated more upon this subject, but I leave it to some other occasion, only I shall commend unto you the excellent Treatise of John Osborne Esquire, in his Book called an Indictment against Tythes, or Tythes no VVages for Gospel Ministers, (which is a Title pretended to in these times) which Book was Printed for Livewel Chapman at the Crown in Popes-head Alley London.

XLVII, XLVIII, XLIX, L. LI, LII, LIII, LIIII, LV, LVI, LVII, LVIII, LIX, LX,

To all these particulars, I only say in short, they are things determinable by SUPREAM PARLIAMENTARY COUNCELS, and our Nation is built upon the Foundations of Just Laws, and Liberties already, and our stedfastness unto that would be a means to promote our welfare, and save us from destruction; but to tell us of any thing that favours of Innovation, of the Presidents of the Athenians the Romans or the United Provinces, &c, can be no more pleasing or safe to us, then (I conceive) it would be pleasing to them for us to foment Innovation amongst them.

LXI, to the CXX.

To these I onely say, that I know not what Sir George Booth (if he had prevailed) would have done or introduced, whether a Commonwealth or a King, I leave it to Edition: current; Page: [7-510b] those that were privy to it, and to his Council (if any.) But if Monarchy should ever be restored, I beleeve it would find a great inevitable incumbrance and affliction to it self, if it should Govern without LAWS and PARLIAMENTS. For it is no pleasant thing to Govern by Armes, neither to the GOVERNOURS or GOVERNMENED and if the Fundamental Laws and Constant Parliaments be not observed inviolable the people are miserable, and the common interest of the the people will be laid aside inevitably, and we shall thereby fully declare, That we will fully slight and undervalue that peace and tranquillty that we may possess as some fruit of that blood and treasure which hath been consumed in this Nation. So that I say and averre by the requirable just application of your XCII Aphorisme, to lay aside our Fundamental Laws and CONSTANT constitution of PARLIAMENTS (as most probable Conservators of our FUNDAMENTALS.) VVe leave our selves and our Posterity to a further purchase of that which we may presently injoy, and hereafter leave to our Posterity in peace and glory, not to be taken away from them. As our Ancestors have left them unto us not to be taken away from us. I hope I have already proved that the Fundamental Laws and Government of this Nation is so just and of known, and approved good in the injoyment whereof neither Monarchy Aristocracie, or Democracy can justly hurt us, by any invention, or judgement. And although you say in your CXVII Aphorism, That it is not below the Dignity of the greatest Assembly, but according to the practise of the best Commonwealths, to admit of any man that is able to propose to them for the good of his Country, Yet I conceive it is not convenient for a Supream Legislative Councel to admit any man wilfully to propose any thing (apparently Innovating) to subvert a Fundamental Law and Liberty, many having (upon peaceable and prudent judgement of our Ancestors) been highly discouraged therein and felt their indignation, as I have already urged and proved.

The Rechabites obedience may be applyed (as I conceive) in this case, who were commended of God for denying his Prophet to drink Wine, because their father commanded them to the contrary. Although the Record saith, The WORD came unto Jeremiah FROM THE LORD, in the days of Jehoiakim, son of Josiah, King of Judah; saying: Go to the house of the Rechabites, and speak to them, and bring them into the house of the LORD, into one of the Chambers, and GIVE them VVINE to drink, Jer. 35. 1, 2, 3, 4, 5, 6, &c. 18, 19, verses. And indeed if we should admit Innovations upon our FUNDAMENTAL LAVVS received as I have said before, from our Ancestors, we should make an illegal President to subject our selves, not onely to the destruction of the good being of them, but to a thousand other Innovations, as often as the Moon changes, or occasions, or discontents, arise, or power prevails, or as often as any person or persons whatsoever may suggest, whereby to introduce an inevitable dangerous ARBITRARY POVVER, contrary to all the Declarations, Promises, Vows, and pretences, and what the consequences of that may be, lyes onely in the breast of the Almighty.

An Innovation it self, (if by any party) contrary to a FUNDAMENTAL LAW is ARBITRARY. And Arbitrariness is contrary to NATURE, LAW, AND PEACE.

The PARLIAMENTS long Remonstrance of Grieviances 16 Dec. 1641, vindicated the PETITION of RIGHT in full Parliament, Counselled the People against Arbitrary Power, violating the Law, and breaking the Priveledges of Parliament, calling it a bold and presumptious Injustice of such Ministers, as durst break the Edition: current; Page: [7-511] Laws, and suppress the Liberties, The Book of Declarations printed by Edward Hashands, & page 484 The Parliament declared themselves offended that the Kings party did endeavour to possess the people that they intended to take away the Law, and introduce an Arbitrary Government, a thing which every honest morall man abhorrs (say they) much more the Wisdom, Justice and Piety of both Houses of parliament. And page 709, It is well known, say they, The Laws of holding PARLIAMENTS once a year LAY ASLEEP for a long time, yet the practise was NO ARGUMENT AGAINST the RIGHT. And pag. 574, 575. They complained, That the Kings party were laying a Foundation of an ARBITRARY GOVERNMENT,

In the late KING CHARLES his Declaration pag. 768, 769. are words to this effect, viz.

That the RULES of an unlimited ARBITRARY POWER, are inconsistent with the least pretence or shaddow of that property it seems to defend. And in the said KING CHARLES his Speech and Protestation made 19 Sept. 1642, page 614 are these words (viz.) I do promise in the presence of Almighty God, and as I hope for his blessing and protection, &c. To maintain the JUST PRIVILEDGE and FREEDOM of PARLIAMENT, and to Govern by the known Lawes of the Land to my utmost Power, and particularly to observe inviolably the Lawes consented unto by me this PARLIAMENT.

In the Book of the Armies Declarations page 38, in 1647, Printed by

Matthew Simmons.

That they were not a meet mercinary Army, to serve an ARBITRARY, POWER of State, That they took up Arms in Judgment and Conscience, for their own and the Peoples just Rights and Liberties, To assert and vindicate the Just Power, and Rights of the People in Parliament, against all ARBITRARY Power, violence, and Oppression against all particular parties or interests whatsoever. And pag. 41, That they could not wish to have an ARBITRARY POVVER in any in whom they, more confided, or who were most of their oipinon or Principles, or whom they might have most personal assurance of, or interest in. I have read that when Bassianus had slain his Brother, and Coemperour Geta in his Mothers Arms, he intreated Papiniarus a famous Lawyer to plead his excuse, whose noble answer was, and is to be be commended, (viz.) Non tam facile est excusare quam facere fratricidium; It is not so easie to excuse, as to commit a fratricide, so I may say in this Case, It may be easier to endeavour and to introduce a hundred Innovations then to justifie one.

Thus I have given you my thoughts of your Aphorisins, in general intending to your own satisfaction (as well as others, and the discharge of my own Conscience) For some things which I conceive do chiefly belong to PARLIAMENTARY COVNCIL I wholly omit; But only in love to my Countrey (in which I have bin 11 years a very great sufferer) I put in my mite, without intended disrespect to you (you being a stranger to me) And so I shall conclude with subscribing my self,

24 Octob. 1649.

Your friend and Country-man.

W. BRAY.

FINIS.

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25 October, 1659

40.

7.40 Anon., The Grand Concernments of England ensured (25 October, 1659).

Editor’s Introduction

(Placeholder: Text will be added later.)

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TO THE READER.

Reader,

IF thou art prejudicate, save thy purse and thy paines; ’tis the considerate man, he that ponders his wayes, I had rather deal with: I promise thee thus much, I have no design to seduce thee, but whatsoever I have written, is my very thought: it may be thou art perswaded thou maist better employ thy time in Reading; I believe no lesse, however thou shalt finde some things here, not altogether unworthy of Consideration. I am well assured, I can never Edition: current; Page: [7-514a] please all; nor hath it been my study, to please any, and yet willingly I displease none. It may be, the first sheet may go for waste paper, but I hope the rest will make some part of amendes: I had some thoughts of wholly omitting that part of the Discourse, but am perswaded not to conceal the grounds of my adventure; the work hath been under my hands too long, but at first was mostly designed in Answer to a Paper, Entituled, The Interest of England Stated; and was well nigh finished so much of it as I then intended; but finding my self cast behind by a swifter pen, which did not run in vain, I laid it aside, being overpressed by much businesse; but after a while finding some little leasure, and my thoughts multiplying upon me, it hath sweld under me beyond my intention. I have cut short that work I first began, that thou mayest be staid but little from what since fell in; which I make publique not expecting it should yield one much credit, but hoping it may turn to some publique benefit If I am counted besides my self to walk in Print, Edition: current; Page: [7-514b] it is for my Countreys sake. This I am bold to say, If some Pens had the Managing of many matters herein contained, and would do their best, the Nation could not think the pains ill bestowed. For the Errata’s of the Preße I passe not much, if I scape thy lash for what I have written, I will stand to thy courtesie for what the Printer hath mistaken; only desire thee to take notice, that the four first sheets were Printed before this our mad change. Farewell.

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THE Grand Concernments OF ENGLAND ENSURED.

A While since there came to my hands Two sheets of Paper, under this Inscription, The Interest of England Stated——Promising a faithful account of the Aims of all Parties, now pretending; with their Effects in respect of themselves, of one another, and the Publique: offering an Expedient for the composure of the respective Differences, to the Security, and Advantage, not only of every single interest, but to the bringing solid lasting Peace unto the Nation —— Matters that I am very solicitous about; which easily perswaded me to look into it. In the perusal, I found the hand was the hand of Esau, though the voice (or Title Page) was the voice of Jacob: and though here and there, he salutes all parties with — All haile Sirs—and fals on their necks, and kisseth them; yet tis but to get the closer advantage of some, that, he may strike them to the heart, or at least may smite them in their hinder parts: and he layeth about so furiously, that none escape his Edition: current; Page: [7-516a] Vengeance but the Cavaliers, his only white boyes; which makes me believe, the man hath some wit in his anger, and knows what he doth when he drinks; else I should have concluded the man had been mad, to make himself the Umpire of our Differences; while he conjures all Parties, to put their necks under their feet, who will shew their teeth, when they cannot bite: one would think he should have given better words, if he would have led us into a fools Paradise; Is it not a great piece of confidence, to perswade men to come under their yoak, the most courteous of whom (for such no doubt this Reconciler would be thought) though they be yet upon their good behaviour, by the clemency of the Conquerors, think it their virtue, to spit their venome in our very faces? we shall guesse what quarter is to be expected, when you become our Lords. Tis (no doubt) a most plausible way to provoke these Parties, to an overture for agreement as is pretended; while you bespeak them in such friendly language as this: Tis the aim of the Army to Govern the Nation: To keep themselves from being Disbanded, or engaged in War. Tis the wish of the Parliament to continue themselves in absolute Power, by the specious name of a Popular Government; to new model and divide, and at last take down the Army: and under pretence of a Councel of State to set up an Oligarchy resembling the Thirty Tyrants of Athens: That it is and alwayes will be their interest to pull down the Army: That the primary end of the Parliament, is to destroy and overthrow, the very Constitution of Parliaments: That the mutual ruine of the Parliament and Army must needs be necessary for the support of either. That the Anabaptists designs are, to ruine all other Professions of Religion: to destroy Property, founding it in Grace and Saintship. That the late Protector was of no worth nor credit, of whom only this comparative commendation can be given, That he is not so very a brute as his Brother*. That the pretentions of his interest are low, odious, and ridiculous; that they have been false to one another, and their best friends. That from under Presbytery have grown up such, as utterly oppose all government in the Church, the being and support of the Ministerial Function, and that the rigid yoak of the Presbyterians is such, as this Nation will not endure; which his late Majesty was well aware of, when he conceded for setting it up for three years, being fully satisfyed how effectual an argument the experience of that short time would be to perswade the Nation, to endure that galling and heavy yoak no longer. The premises considered, tis not hard to conclude how these Parties stand in his esteem; (yea it being manifestly his interest at this time, to conceal his malignity, and dissemble a good will towards them, and yet in spite of his guts his malice gets out) I say there is little doubt, but this moderate Gentleman himself (as most of his party) account them Beasts of Prey, and not of Game, such Edition: current; Page: [7-516b] as should have no Law given them, or kept with them; but any one may knock on the head, and destroy by any method: and what ever terms are offered to draw them in, serve only as Traps baited with Chickens, to catch Weesels and Polcats: That killing them is no Murther; that they ought to be driven out of their houses and Synagogues, and whosoever kils them doth God good service. Tis easie to see into the mystery of this Pamphleter, under the specious pretext of a Moderator, to render all parties that ever opposed his Master, as odious as possible to the Nation, and to one another; and thereby involve them into as good an esteem of one another, as he hath of them, viz. into a mortal hatred of one another, and so oblige them to do that for the Cavaliers, which himself confesseth impossible, they should do for themselves; which wrought with a powder of late, and had dispatcht his business, but that a desperate or violent remedy was timely applyed, which spoyled the sport: But I shall take a more particular account of this Reconciler (though not so largely as I had prepared it, finding my self prevented by another pen, knowing men care but little to read the same thing twice over) and shall observe whether he deserve to be so well received as he pretends, that there should need no Rhetorical inducements to it; which I should not think much worth my labour, but that men, yea very honest men, are too too apt to be surprised with every Overture for setling this distracted State, and I fear many have unwarily sucked in the poyson of this Pamphlet (the Press having gone twice upon it) who of late years were no very ill willers to the Parliaments cause; who had they certain knowledge (as it is unhappily presumed) that Mercurius Aulicus the old Oxford Gazetteer was the Father of this Brat; would go near upon second thoughts, as much to suspect his expedient of a Cheat, as formerly they were confirmed of the falshood of his Intelligence; and a little patience will give you as good assurance of the one, as your experience hath given you certainty of the other. But his old friend M. Politicus is fallen upon his jacket though under a disguise, I shall spare him therefore many a knock, that I had lifted up my hand to reach unto him. He begins with telling what he esteems the designs of all parties pretending: The Roman Catholicks design, saith he, is to introduce the Papacy, and utterly to eradicate all he cals Heresie — Very good. That its the Royalists desire to bring in the King a Conquerour, to recover their losses in the late War, and to have the former Government of the Church — (as if this man were no Royalist) we make no doubt of what he sayes, it were strange they should belie themselves. He goes on, and tels the desire of the Presbyterian, Baptized Churches, Army, and Parliament, is to set up themselves, and to exclude all others: It seems then they are all alike peccant; and no marvel, for without peradventure they are much at one dear and precious to him; for if Edition: current; Page: [7-517a] any of them are more then other the objects of his fury, it is because they stand more in his way. After he hath told us what he thinks to be the interest of the Nation, he goes on and affirmes, That the designs of the Papists are not feasible: That the Royallists aim is not attainable; and the like he saith, one after another, of all the rest: so raising up to himself a man of Clouts, he knocks him down in the same breath; when stating their Interests and Designs, as he hath done (wherein he hath only dealt fairly with the two formost) it is mine, as no doubt it is every honest mans Prayer, as well as this good mans Prophesie, that they may be without effect: but we believe not the more, what he saith, because he saith it, of those that he most malignes: He resolves at length, That the pretentions of no party now on foot are attainable, (’tis strange there should want pretenders of his own kidney) or if attained are consistent with the good of the Nation, or of other Parties, and that the ruine of the Publick is inevitable, there being no door of hope open (but that to which he is turnkey) no method visible to unite so distant and incompatible ends: and presently through this great croud of Pretenders, with no little circumstance, he makes room for a contrivance that shall do the work; against which but one Objection in all the World can be raised, and that as easily razed; and this he introduceth as if himself were the Father of those that handle this Harp and Organ, as if all the forementioned interests had never dreamt on’t; to which I think some that are mentioned before, may claim a right by virtue of first discovery, but he thinks fit to forget it in their Character, not meaning to advance their merit above the rest, which I must needs say is not fair dealing that he should spoil them of that, he himself produceth as the only infallible means of Settlement (when ’tis apparent as the Sun at noon whose was the invention) and give them nothing in their description but what himself impresseth the marks of Folly and Tyranny upon. His Proposition he makes no doubt to pronounce in these plain termes,—The calling in the ‘King’ is the certain and only means for the preservation of the Kingdom, and also of the Rights and Interests of all single persons in it. I hope the Reader will expect this be well proved: To drive this Nail to the head; having before used his best win, to perswade of the indispensible necessity of this expedient, by rendring any other endevours for a Settlement fruitless, and so unavoidable ruine consequent: and having staged the pretentions of all parties, so as might most render them at his mercy, he makes no bones as occasion serves to calumniate and traduce, say and unsay, fawn and dissemble; one while he tels you of the gallantry of the Army, and their excellent discipline; that they have still owned a Publique Spirit; that every Common Soldier knows how to direct as well as to obey, to judge no lesse then execute. Elsewhere, That it is their design to Govern the Nation Edition: current; Page: [7-517b] themselves, to keep from being disbanded, &c. One while, That the differences between the Episcopal and Presbyterian, are easily aloued and in the same breath, That from under them have grown up those that utterly oppose all Government in the Church, &c. And elsewhere, That Presbytery is intolerable, a galling and heavy yoak, &c. Now he tels us, That the Parliament designs to set up an Oligarchy, resembling the Thirty Tyrants of Athens. And by and by tels us, That the Petition of Julii the 6. was penned by themselves, and after by themselves addressed to themselves, for which they themselves give themselves hearty thanks. And yet this Petition in express Terms as directly contrary to an Oligarchy, or the continuance of any men in Power, as it is possible to be Worded: surely the man is wondrous forgetful, or very malicious: But a Lyar had need have a good memory. I doubt a little, Whether we are under such necessity as he pretends, since he useth such Artifices to reduce us to other extremities? It is not for nothing that he turns Mutineer, and would create jealosies between the Parliament and Army; not doubting if he could effect that, he might bring in his King upon what tearms he pleased: tis therefore that they must believe that the security of the one, is founded in the ruine of the other. ’Tis for no other reason that he tels the Army, They have been ill requited for their good services, by being stopt in Pay, defeated of their Arrears, in danger of Disbanding, not suffered to communicate Councels, or meet at a General Rondezvous. That their recompence for their greatest merits, have been only exposing to new, and greater dangers: That their certainest pay hath been suspicion, affronts, and injuries. Let any sober and impartial man judge of the drift of this Gentleman; especially let not the Army misunderstand him, who while he is perswading might and main for an agreement, doth what in him lies to break us to pieces, and render us uncapable of defending our lives. Having then dispatched a great part of his work, viz. Shewn out undone condition, which he hath Prophesied, not Proved, and ushered in his expedient as you have seen, his next work is to apply his Plaster to the Wounds he had made: He begins with the common National interest, and pretends to accommodate his expedient to all its distempers, wherein he thinks a bare assertion, to be sufficient Demonstration; goes on like an Emperick, or States Mountebanck, telling this it is good for, that it is good for, wherein if I should follow him, I should lose my self and my Reader too; but I shall give him a turn by and by: however this is very observable, that he layes much stresse upon the merits of his King, being it seems the best reason in his Budget to commend him to the Nation; but Needham hath galled him so severely on this wing, that I shall make no stay here, but put on full speed to the main Battel, taking only a slight view of some inconsiderable forces that Edition: current; Page: [7-518a] way-lay me, which I shall soon breake thorough.

First he tels, It is the interest of the Roman Catholick to bring in the King; for, saith he, by this means the heavy payments now on their Estates, with other burdens, will be taken off; and as to the pressures of Penal Laws, they cannot but remember how far from grievous they were in the late Kings time, the Catholicks living here notwithstanding them, in more flowrishing condition then they of Italy, France or Spain, under their respective Princes; and would do infinitely more under their natural King, then if any forainer should acquire the power by conquest: Besides having generally adhered to the late King in his Wars, have no reason to distrust, finding favorable treatment from his Son, and to share that indulgence, he is ready to afford even his greatest enemies. And yet these are the men, that our Author tels us before would restore the Pope his ancient Revenue and Jurisdiction in England; and to the Church all that was alienated in Hen. 8. time, and would utterly eradicate all he cals Heresie: so far you are right; we doubt not they will get better terms then the poor Presbyters.

Secondly, It is the Interest of the Royalists, &c. Yea it is so, although he have no reparation for his losses: I cannot passe this without a smile, our Author tels us before, That it is the design of the Royalist to bring in the King a Conqueror, and to recover his losses in the late War; and in the very next leaf he tels us, That he is confident the Cavaliers expect no satisfaction at all: It seems then tis their interest though they have no satisfaction, I leave them this as a bone to pick; in the mean time I want an Interpreter of this mystery, The design of the Royalist is to recover his losses in the late War,—I am confident the Cavaliers expect no satisfaction at all—Very well bowled in good earnest, they will and they won’t, Anglice-good skill why, all the craft is in catching.

Thirdly, The Presbyterians are concerned also. As how? for example, to leap out of the Fryingpan into the fire; for fear of those lesser parties, to prostrate themselves unto the revenge of a Pontifical zeal: what courtesie is to be expected at their Graces hands, Mr. Pryn is yet a memorable example of, but the Presbyterians do not consult him as their Oracle (for all your hast) he having borne his witness with sufficient bitterness against them, enough almost to unchristian any man but himself.

Fourthly, It is the interest of the Baptized Churches—as also to acquiesce in a Moderate Episcopacy, enjoying the liberty of their consciences. I wonder how this shall become practicable, or sort with the honour of Episcopacy (which he throws in the dish of Presbytery) to suffer those lesser parties (as he cals them) to grow up with it, who utterly oppose all government in the Church, and being of the Ministery. No doubt your knowledge of the practices of the Anabaptists Edition: current; Page: [7-518b] in Germany, their cruelty and all manner of disorder, their taking away all property of Estates, founding it in Grace and Saintship; with the hard treatment the Papists in Ireland have found from them (these are his own words) will instruct you into some pretences, why you ought to be more partial in your affections towards them, and your better Sons of the Church, then why a Father should be fond of one Son, and discourage another, upon pretence of their divers hairs or complexions, which our Author would willingly skrew into their belief; but it will not be.

Fiftly, It is (saith he) the interest of the Army. Under this head he grows out of measure copious; but the wonder is not so much, since here lies his work, to bring the Army into disorder: Tis their concernment to be under a single person, and consequently to be under his King: he proves it thus, Because there is scarce a Common Soldier who is not sensible of it: Verily this is notable Demonstration; the whole Army is sensible that they are concerned to be under a Single Person, therefore not long since they restored our Common-wealth, and declared unanimously against a Single person, without so much as any muttering among the Common Soldiers to the contrary; and since all their Commanders have given up their old Commissions, and received new from the Parliament. Our Author is in very deed a notable Sophister, he goes on and tels, By this means (the Army putting themselves under the Standard of his King) they shall be out of danger of being Disbanded, and without fear of Wars: Very good arguments to Soldiers to be afraid of enemies; but better to Christians, that when the danger is over, they should refuse to disband: shall we know our friends from our foes Gentlemen? What are they who kill our honours and good names, while they court our friendship? But in the progress take notice, how much the calling in his King will answer the expectations of some, while he promiseth to keep the Army up, notwithstanding the dangers will be over; and for this end the King is the only person to raise Taxes and Contributions; they are his own words. He goes on to tell, this only can secure their Pay, and satisfie their Arrears; very good Sir, but I hope you will make no scruple to pay us in our own coyn. He proceeds—No body else dare trust you as a standing body; and endevours to exisperate the Army from the treatment they received from the old Protector—but I conceive he was a single person: Ay, but his King being supported by his just title, hath no such grounds of suspicion, but may repose himself upon the loyalty of his people, which usurpers dare not do. How now Sir? this is strange forgetfulness, remember the late King, I hope you deem him no Usurper; and would you perswade that the Son would repose himself upon that Army that hath opposed him and his Father unto bloud; when the Father put so little confidence in his Parliament? me-thinks Edition: current; Page: [7-519a] his King should con him little thankes, for this unhappy distinction between a Prince with a just title, and a Usurper. More yet, -- His King hath a particular respect for the Army, yea in spite of all their Rebellions. A strong argument in good sooth. Oh strange! that they should not envy any other the honour of being commanded by such a Prince; who is the only expedient upon earth, to render them and their posterity happy; I shall end this by inverting the force of his own conclusion, and turning its point upon himself: Were this directed to the Spanish or French infantry, those Venal souls that understand nothing but pay and plunder; these arguments of Pay, and keeping themselves from being disbanded, would passe their Pikes and be well received; but the English Army that have still owned a Publique Spirit, where every common man knows how to judge as well as execute, will not fail to steer themselves as prudence shall instruct: who ever hath conversed with my Author will finde I observe his own phrases, and I assure you I am not a little delighted in his style.

Lastly, It is the interest of the Protectors party and the Parliament to call in his King. He is in great hast I see, his wildefire being high spent, else he would still have maintained the distance he had been fomenting between these two before, which he had twice treated of distinctly, and not have joyned them together at last, but he cannot part them; I will leave them (as he hath brought them) together, to think whether they are so nearly concerned to jump in this Gentlemens judgement as he would have them imagine.

I have been forced to mispend some time in picquering with small Forces that were ambushed to intercept me, but have moved with as much speed as I could, securing such passes as might seem of any advantage to the enemy, that I might not be surprised in the rear: I shall burn no more day light, but fall in with him pell mell, and as plainly deny what he hath as peremprorily asserted, and do say,

That the calling in the late Kings Son, is neither a certain, nor yet probable means, much lesse the only means, for preservation of the Nation, and the Rights and Interests thereof.

I shall think I have well acquitted my self of this undertaking, when I have done two things.

Edition: current; Page: [7-519b]

First, Evidenced it, That the calling in the late Kings Son is directly against the common National interest, in several particulars, whereby it will also appear to be against the Rights und Interests of most single persons in it.

Secondly, When I have exhibited another expedient that shall do the work.

For the first, The common National Interests (for I own no particular interest at variance herewith) that I shall mention are such as these.

First, Liberty of conscience. It is the common interest of the Nation to be secure, that they may without disturbance, worship God according to their consciences, while they destroy not the Doctrines or life of Christianity, and live peaceably in the State: this our Author concedes with a greater latitude then I propound it, whether in jest, or in earnest, or between both, matters not much; saying, So all agree in Loyalty, though they differ in other matters; There is no reason why they should not all be alike dear unto their Prince, their differences being of no more consideration, then the complexion of Children to their Father. The Episcopal party claim this as their right, and think it hard usage if at any time they are forbidden publique assemblies upon Christmas day, and other good times; or are forbidden to read the Common Prayer book in their Churches; and really if no body were wiser then I, they should have no cause given them to be angry at it, so they would neither directly, nor indirectly promote Sedition against the Government. The Presbyterians would cry out of Oppression, if they should be bound to Surplesses and such like Crotchers; to read Common Prayer, or be Lorded over by Metropolitan Bishops; to do reverence to Altars, or bow at the name of Jesus; to observe Saints Holy-dayes, to keep Lent, in a word, to have any thing imposed on their consciences. The Independent must not be confined to his Parish Church, or be determined by the judgements of neighbour Churches; nor have the liberty of expounding Scripture by a Lay-brother be denied. These, and some others (every one for themselves) claim this priviledge of a Free-born man, accounting it slavish to be imposed upon in matters of Religion; and if I would be indulged my self, and hold it my right as a man, and a Christian, to be at liberty to serve God, according to what I know of his Will in his Word; Why should we set at naught our Brother? Why should we grudge that to him, that we claim for our selves? That every one claims this as his right and interest is out of doubt; yea that they who would deny it to others, think themselves wronged to be without it themselves, and would dispute it with the hazard of their lives, rather then this Liberty should be infringed, is evident to every mans experience. That hence Edition: current; Page: [7-520a] it is become (though no other reason could be assigned for it) the common interest of the Nation, without which no quietness can be thought of, that so many as fear God, and are sound in the substantials of Christianity, howsoever they may differ in those things that the Scriptures are not so expresse and clear in, and in modes and forms of Worship and Discipline; that such should be suffered without any discountenance or disturbance, is at little to be had in question. Whether the calling in the late Kings Son be a probable means for the salving this difficulty, is not hard to resolve; that his affection, if not his interest, is so linked with the Episcopal and Romish party, as to give small encouragement to any other of Tolleration, is so much to be presumed, that few words are wanting to assure it: Tis not the Solemn League and Covenant, not all the markes of Conversion, which he manifested to his Subjects of the Blew bonnet, that can wash him clean. Pray who are his Chaplains and Confessors now? Who are they that have assisted his Father and him, that have blown their Trumpets for him, prayed, preached, plotted, been undone for him? Who are they that have lost Bishopricks, Deanaries, and half a dozen fat Parsonages for him? who scorn to backslide, but continue fast friends and eager zealots for him, who told his Father formerly what it would come to; these whining Puritans will undo all; these he must needs consult as his Oracle, and be governed by their counsel in all affairs: is it probable he should settle any other Government in the Church but Episcopacy, or suffer any Nonconformists but the Papists; yes, but the Presbyterians have expiated their sin, they shall have what they please indulged to them, it may be some may be so good natured men as to believe this, but I know many of that judgement that differ from this perswasion. Who doubts but Episcopacy and Presbytery will agree better together when there happens a Settlement, and Episcopacy returns unto its former glory; tis well conjectured, they that can hardly give one another a good word now, will be honorably treated by each other, when either shall get the Chair: and no doubt the Royalist did lately hope well for the return of the Lawn sleeves; which when it shall happen, if an honest Presbyter dare deny the body and blood of Christ to any one that would be counted a Christian, he may in requitall deny him his Tithes; ask Mr. Pryn if this be not Law. Yes, but his King being supported by so good a title, need not Cajol and fool any one Faction. Oh rare I pray who have been the favorites all along? No Bishop, no King; good reason it seems to curry favour with them. Yes, but his Majesty knows it to be his interest to grant Liberty of Conscience: Well, be it so, by this means the greatest sinners will escape best; such a Liberty as was formerly connived at, when a Pelagian, or an Antisabatarian, might get to the top of preferment, and be able to confront a poor Puritan. To say the truth of them, if a man could Edition: current; Page: [7-520b] do as they did, he might believe what he pleased: It was not so much an error in the Fundamentals of Religion, as a scrupulousness about the Mint and Cummin of their Traditions that dubb’d a man an Heretick. Yea, but to kill all at a blow, His Majesty will settle Presbytery, and reserve liberty for the rest, and there is very good assurance of it. This is more indeed then my Author promiseth, who yet offers more then he can ever make good but can he do this with honour, and without regret, leave his old friends to be glad of being pittiful poor Parsons or Country Vicars, when every one of them have deserved at least a Bishoprick; can any body suspect his affections of so great abatement towards Episcopacy, as to put their necks under the feet of Presbytery; this were an ill requital of their Loyalty, who deserve to be head and not the tail. Yea, but suppose all that can be supposed, which we may chuse whether we will believe or not, that the Episcopal should so much deny themselves, as to take up this Crosse to follow his Majesties interest, and be content to be any thing or nothing, so he may come to Rule whose right it is, as some have ill applyed it, and his Majesty should so far forget himself as to suffer it to be so for a while, yet I know what I know; hark what saith our Author, and then guesse at the security: Besides that, Presbytery must be the overthrow of all other parties (which is as true of Episcopacy, saving alwayes the interest of the Papist) which are more considerable in the Nation then themselves, that rigid Government no wayes complyes with the genius of this Nation, or the frame of our Municipal Laws, which the late King was well aware of, when he conceded to the setting it up for three years, being fully satisfied how effectual as argument the experience of that short time would be, to perswade the Nation to endure that galling and heavy yoak no longer. The application is easie. Three years would finish the course of Presbytery, and for those lesser parties that have grown up under it, the rise of Presbytery must needs overthrow them. And so much for Liberty of Conscience.

Secondly, Tis the common National interest to discountenance, and if possible to extirpate Popery. Whether my Antagonist ownes this as a National interest, is clear in the Negative, however, most of us, especially those that adhered to the Parliament, have miserably forgot our selves if we renounce it. Tis almost in every month, the Papist, the Jesuit undo us; these cannot claim the benefit of toleration, being the bane of any Protestant Nation; the Vipers that gnaw out the guts of their dam; that requite their protection, with endevouring the destruction of their Benefactors: of these that saying is most true, Save a Thief from the Gallows, and he will cut your throat; and no wonder, since their Religion teacheth them, they that kill an Heretick do God good service: To this purpose they use all artifices immaginable to distract and disquiet a Nation, when they cannot cope Edition: current; Page: [7-521a] with it by force, and dare not break out into Rebellion, or attempt a general Massacre, which they make no more bones of, then cutting off a dogs head; witness the miserable Protestants of Ireland, which our Author hath so much forgot, that he laments the hard treatment the Papists in Ireland have found. A restless generation they are, and will be alwayes endevouring to introduce their Religion, and subject us to the bishop of Rome, and utterly to extirpate all that they call Heresie. This design is going now amongst us (as in other Nations) by creating and fomenting differences among all that are called Protestant, hoping still to engage us one against another, till they rise upon our ruines: To them Episcopacy, Presbytery, and Independency, &c. are one and the same thing; between whom they believe not so dreadful a difference, as we are made to think among our selves: we may be wiser one day. It is then become our National interest to suppresse, and if possible to extirpate Popery, thereby to secure the Nation from threatned and impending ruine: Whether the calling in the late Kings Son be a probable redress of this grievance, deserves to be so little a matter of discourse, that I shall resolve it in the very words of my Author, It is the interest of the Roman Catholick to call in the King; for by that means the heavy payments now on their Estates, with other burdens, will be taken off; and as to the pressures of Penal Laws, they cannot but remember how far from grievous they were in the late Kings time, the Catholicks living here notwithstanding them, in more flourishing condition then they of Italy, France or Spain, under their respective Princes; and would do infinitely more under their natural King, then if any forainer should acquire the power by conquest: Besides having generally adhered to the late King in his Wars, have no reason to distrust, the finding favorable treatment from his Son, and to share in that indulgence, he is ready to afford even his greatest enemies—i. e. such are Presbyterians and Independents—this is Authentick: Yea and besides all this, who can tell he hath not sucked in some of his Mothers milk.

Thirdly, The defence of Property is the common interest of the Nation. I will not mispend a word to prove this, least I should reproach my Countreymen of so much easiness, as ignorance of such a foundamentall in reason as this, Whether Property be in danger of being invaded by the calling in the late Kings Son, is more worthy of our enquiry: How many purchasors are there, of Bishops Lands, Dean and Chapters Lands, Delinquents Lands, and Crown Lands, whose Fee-simple would be no very wise title, but much worse then Tenure in Villenage; let any man of reason imagine: this will not only concern Roundheads, but many who in other matters are at no great distance with Episcopacy have their hands full of them, they being bought and sold over and over, many to whose hands this will come, will no doubt be sufficiently Edition: current; Page: [7-521b] sensible hereof: that these are alienated upon as good (if no better) reason, then were the Abby Lands, &c. in Hen. 8. time, none that were the first buyers had I believe any jealousie to the contrary, nor hath any man any thing material to object against it: King and Delinquents Lands were justly forfeited for raising and levying War upon the Parliament: the Bishops Lands, because those men involved us into those Distractions, and abetted and adhered unto that party, and drove the Chariot of the Church so furiously, that they were like to overthrow all, wherefore the State found it good prudence to take down their mettle, by making better use of their Lands to satisfie publick debts, and so to leave them disabled for the future to disturbe our peace, which if their Lands had been reserved, they would have been alwayes attempting to recover, and therewith the Government of Church and State too: the other Church lands went in company to help pay debts, being exposed to forfeiture by the general malignancy of the incumbents, besides were of no other signification then to maintain a company of lazy Lubbers: the Nation is hereby generally concerned to secure them their purchases, as those were secured and untouched in Hen. 8. time: that Qeen Mary could do the Pope no courtesie in the former, my Author denies not, that if any should go about to attempt the latter it would cost him hot water, I do most willingly believe; however as the one was attempted, so most certainly would the other, and with much more violence, the temptation being now far greater, since he must be a sorry King that hath lost his Estate, Queen Mary was not altogether so nearly concerned: Is it imaginable when he shall return King of these Nations, he will endure to see the Crown Lands fallen into the fingers of John an Oakes, and John a Stiles, himself King of England and not a foot of Land, could he say, soul take thine ease, while those Loyal hearts that followed him through thick and thin, in peril at Land, in peril at Sea, remain fleeced of thousands, and some it may be of ten thousands per annum, all the Church Lands gone, and nothing left to oblige those props of Prerogative, would this give his Majesty a competent satisfaction to sit down and let it rest thus? I trow not: How can he look upon himself as other then a burden to his Countrey, if he must live upon the Charity of well disposed people, such too would be the case of his Sequestered adherems, and could this comport with the honour of his Majesty? could he see his Bishops, Deans and Chapters thus brought to desolation, so far from having their kingdom in this world, that they should have scarce a hole to put their head in, and would not this be a hard Chapter? Could he look upon himself under the first consideration, and believe he were The high and mighty Prince CHARLES King of England, Scotland, &c. or under the second, and not think he had lost the Crown of his Crown: could he believe himself Defender of the Faith. It is come to this issue, Either Purchasers must be robbed of their Estates, Edition: current; Page: [7-522a] for which some of them have paid dear enough, and ready money: or, he must live upon a general Contribution: which latter I have so honorable thoughts of him, as to believe he would not endure: the former would be dishonest, the latter ignoble: the former would be an oppression, the ruine of many; the latter an intolerable burden upon all. How well then they will befriend him, that shall put him upon this Dilemma, let our adversaries themselves be the judges. Besides no body knowes how many new Delinquents must be made; it would be no easie matter to perswade every man that hath adhered to the Parliament, that their Estates should be so much their own, as at the pleasure of Prerogative; yea, should the strongest obligations immaginable be fastned on him, to bind up his hands from doing these Roundheads, and Puritans harme; yet would they hardly bind Him and his Heirs for ever. Whence must come those rewards that our Author promiseth they shall be sure to finde that have served him in any kinde, especially they that are instrumental in his restitution. Certainly want of money, which he must needs be reduced unto, to gratifie them, being abundance, almost innumerable swarmes of crawling, croaking, creeping things that helped to undo his Father and him in the late Wars, will make invincible necessity good reason of State for some arbitrary proceedings; and then this decayed threedbare Courtier will beg that Roundheaded dog for a Ward, and that beggarly Cavalier will beg this Puritan, that Presbyterian, the other Independent, or Anabaptist for a fool; and veryly I would have them beg us all for fools when we have no more wit. And however he may be engaged to forgive us, yet can hardly be obliged to forget us, we shall be as bad as bound to our good behaviour: it must needs be enough (being added to our former transgression) to entitle us to beggery, if not to the Gallows to pisse against a Church wall. The Cavaliers that cannot contain themselves from looking us through and through, and cursing us to our faces, while they are scarce yet in so good condition as to call it a State Militant, will make no great trouble of it when they arrive at their State Triumphant, to pick a hole in our Coats, that they may pick our pockets, and it is wonderful if they do not pick out our eyes. We should soon be reduced to no better condition then that of Shimei, Go dwell in yonder place, and stir not thence, and if it shall be told, saying, He is gone to bring back a run-away servant, or to seek an Ox or an Asse that was gone astray (yea it may be though it were but a say so, yet) his bloud must be upon his head, and it would be rounded in our ears, Thou knowest all the wickedness thy heart is privie to, that thou didst to my Father; therefore the Lord doth return thy wickedness upon thine own head.

Fourthly, Tis the common interest of the Nation to be eased of Taxes. To this I think no body will say nay. That the bringing in the late Kings Son is a hopeful remedy for the disburdening us of that heavy Edition: current; Page: [7-522b] load of Taxes that have almost bowed us together, is demonstrable from the deep arrear he is in to the Commanders and Soldiers of his and his Fathers Armies, every body knows how pitifully they were paid from time to time, whereby they were necessitated to make Plunder their help at a dead list; and if where it cannot be had, the King must loose his right, so must his Servants too, he could pay no farther then it would go; and a poor pittance it was he could raise, and much of that borrowed of his creatures, for which he remains their debtor; this would go but a little way, to stop so many monthes as he retained in his service: the Parliament having the purle of England at their girdle let it then be considered, what a vast charge the pay of his Army amounts unto, during those many years they were engaged against us, if our Arithmetick will reach it, and then let it be thought upon how little money they have fingered, and by the affaires of the Parliaments party, who notwithstanding Crown Lands, Delinquents Lands, Bishops, Dean and Chapters Lands, are most sold to satisfie the Arrears of our Armies, who were yet three to one better paid then the Kings, through the help of Excise, and Contributions to a far greater value then the King could possibly command; notwithstanding which, many of the Parliaments old Soldiers cannot much brag of being overpaid to this day, and thereby it may be shrewdly guessed, whether it be not likely to prove a very notable expedient to ease us of our Taxes to pay these old scores, which though we should think fit to dispute, I doubt we should not know how to refuse, when they shall bring as their King, who must pay them their Arrears if he will keep them his friends, whom in all appearance he should not do well to disoblige, being more trusty to his interest then to be laid aside upon easie terms; and verily he must be guilty of an implicit faith (for all the confidence of my Gentleman) that dare believe the Cavaliers will remit his Majesty, and the Nation their debts, if ever they shall have opportunity to put their Debenters or Royal faith bils in suit: neither do I know, how the Master hath more right to the Government, then his Servants to their wages, and they that are so conscientious of the one, will in reason finde as little scruple for the other, unless there be some prety fine distinctions that every one is not aware of. Besides what hath been said, it must not be forgotten, how long he hath been upon the ramble, at meer expence in Holland, France, Flanders, and Germany, and mistake if you can, who are like to pay the reckoning.

Fiftly, Advance of Trade is the common interest of the Nation. But most probably it is not so obvious to every understanding, how Trade should suffer a discouragement by the return of our old Monarchy; that it should be taken for granted upon a bare Proposition; and I the rather suspect it, because the calling him in would not finde so many Advocates and Notaries but upon a mistaken belief, that Trade would thereby lift up its head: however, some there are very conversant Edition: current; Page: [7-523a] in Trade, and most studious for its promotion, who are not in doubt to conclude, That it must needs be a great disturbance to Trade for a while, because there must necessarily attend it a general expectation and silence, till the issue of such an adventure, which ever makes Trade as still as the times; yea and when thu cloud shall be blownover, which cannot be in hast, yet shall Trade receive no benefit thereby; for besides, that the same oppressions, that are the now destroyers of Trade, must of necessity be continued (notwithstanding there should be peace) for the raising of monies to supply the necessities that would occur. I say, besides this, Trade would be a sufferer by the return of our Monarchy: What have the best of all their Majesties that ever Reigned in England done for the encouragement of Trade? If they had done any thing Material, England had been more bound to thank them then it is. Something it may be hath been done for the benefit of particular Trades, but Trade in general hath been little befriended. Trade and Tradesmen all along have been the very scorn and envie of the Court: not fit to keep a Gentleman company, but at his distance, though ten times better then himself in estate; must be looked upon as sorry Mechannick fellows, notwithstanding in other Nations or Commonwealths, their best Gentry, Lords, Earls, Dukes hold it no disparagement to Trade: Hereby Trade became of so good esteem, that a Gentlemans Son should be bread up for the Gallows rather then be dishonoured by a Trade: Hence a man might play the good husband, Care, Plow, buy and sell Hogs, Sheep, Horses, Cowes, Oxen, Hens, Geese, and yet be a tolerable Countrey Squire, but a Trades-man, no by no means, the time was when these were not fit to be numbred with the dogs of their flock: It was a noble knack to encourage Trade and Tradesmen, that care must be had least they should be too fine, and be mistaken for Gentry, and by all means their wives must be dressed according to Court directions, least they should vye gallantry with the Madams of Prerogative; by all means they must know themselves, and tis pity some course is not taken now, that we may know a Trades man from his betters; and however this may rather provoke some to laughter, then a serious thought about it, yet it is not of so light consideration; for whosoever is concerned to keep Trade under, he hath two things to do that will effect it. One is, See Trade into a condition of contempt, and this will keep a people of high Spirits (where the Gentry are highly honoured) it will keep them off from Trades, and make them seek their fortunes some other way, and if this prevail, then some reasonable boones may be granted to those few that maintain the Trade; for some Trade doth well under the greatest Tyranny; but if men will be content to be any thing or nothing, to be base, and dishonourable, to get rich [Editor: illegible word] in a way of Trade, and so begin to overstock a Monarchy, with Traders and Trade, then follows Edition: current; Page: [7-523b] all manner of Gabels and Impositions, that if they will be doing, they shall be sure to have no more then their labour for their pains: How much the flourishing of this City hath been envyed, some do yet very well remember; and how it was feared London should grow too big for England. It hath alwayes been a maxime with Monarkes to keep the unruly Plebeans from being over pursey, least their wits should increase with their wealth, and they should begin to contend for their Priveledges; and therefore to make the Conquest compleat, those Projectors and Pattentees, were encouraged with their Monopolies, to eat out the heart of Trade, and keep the Merchant as bare as my nail: which (with some other grievances) was the very beginning and ground of our late Quarrel: when although some did arrive to vast Estates, by reason of the paucity of Trades-men, scarcely any minding a Trade but such as had very low fortunes to begin, and these living in times of Peace, and Court jollity. Yet was not this so general a good for the reasons beforementioned, but so little encouragement was given, that if any Gentleman of a considerable Reputation had engaged any of his younger children in a Trade, he should be looked upon to have debased his family for ever, and marred the generosity of his childe; being only in a capacity to be put in Couples with a Hat and a Coif; a convenient match for a pair of Spatterdashes, and Leather Breeches; for such were generally those (saving only some few more serious then the rest) that occupied any Trade when they first began their employment. How well the Citizens of London would be rewarded (by calling in the Scottish King) for not being like the men of Izachar, crouching under their loads in the late Kings time, let those threatning letters of his late Majesty to this City informe those who are so sollicitous for the return of Monarchy. Who ever would have Trade to flourish in England, must dis-franchise two parts in three of those that have served Apprentiships since 1640. or must think of some better expedient then our old Monarchy for its advancement; it being abundantly manifest there are too too many Trades-men, and well willers to Trade, to thrive under that Monarchy, and receive that benefit by it they expect, who if there were such reasonable encouragement as might be given, would go near to be every second man in the Nation. Trade is now grown, and growing into so good esteem, which can never sort with the interest and continuance of Monarchy, nor Monarchy with it.

Sixtly, Tis the common interest of the Nation, that the Soveraign powers and authority of Parliament be vindicated and maintained, and their freedom and priviledges secured. This is indeed Salus populi, all that we have to shew for the securing of whatsoever we can call ours: Let Parliaments be rendred useless and unable to serve us, and all is cancelled that we hold by, we must become the most perfect slaves and Edition: current; Page: [7-524a] villains that can be. How well our Parliaments have been treated by our Monarkes, our Histories are not silent, having ever been looked upon with an evill eye, as the bane of their Prerogative, and therefore were sure never to be Summoned but upon most important and urgent occasions for money, when all other artifices and contrivances failed: And if they durst be so bold as to meddle with the general Grievances of the Nation, and were so sturdy as vigorously to prosecute their Redress, should not fail to be turned out of service. What ever boones they procured for the people, were wrung like drops of bloud from the noses of their most excellent Majesties; and seldom or never, without venturing at least, or pouring out their own bloud in the purchase. All the possibility they had to do us good, was disputed by inches, and got now a little, and then a little out of the very fire, and at a hard push at last came to signifie just nothing; Parliaments being utterly dissolved and broken up by meer Will and Pleasure, whensoever they sinned against the good liking of their Driver. A happy condition no doubt, and well agreeing with the Liberty of the Subject. We need look no further back then the late King Charles (though whole Volumes could not contain what might be written) and we shall finde more then enough to our purpose: all the Parliaments that ever he called in his life till his last, being quickly broken to pieces by his arbitrary will, and not suffered to do the Nation any service: This is so notorious, that no man will have the face to deny it; and therefore this Parliament finding that by no other way they could be made useful to the Nation, made tearms for themselves, not to be dissolved but by their own Consent and Act. Mr. Pryn in his Narrative asserts this self same thing; The King being hard put to it for Money, and sorely vexed by the irresistible clamours of the people, was forced to make a virtue of necessity, and to strike a bargain with them. Having tyed up his hands that he could not dissolve them, he must needs be pecking at them one by one; but finding himself prevented, not more by the Act he had passed for their continuance, and the priviledges they claimed for their Five Members, then by the honesty of the City, who would not suffer him to do them harm: He soon discovered how much security his Act for continuance should have yielded them; for departing the City, he sets up his Standard, and declares them Rebels, and what not, again and again, and fights them to his own ruine. Yea, after he was beat out of the field, and could bear up against them no longer, he runs in disguise to the Scots, hoping thereby to set us together by the ears, which after fell out to their very little honour. Wherein had he prevailed upon the Parliament, either by his Forces or his last reserve of Policy, in turning himself over to the Scots; the most mischievous and malicious design could be put in practice, and worse in mine opinion then any of the rest, having been the ground of all our mischief since; and verily they must presse the Edition: current; Page: [7-524b] Covenant Iustily, that after all this can perswade us we were bound to preserve his Person, and Honour, and Authority, and his Heirs for ever: I say, had he prevailed upon the Parliament, we had been the most absolute Vassals of Europe, we should have had amends made us for dissolving former Parliaments, and the ruine of this, by never seeing another: But no question the Son is otherwise enlightened, and seeing the Rock upon which his Father split, will be sure to avoid it, and will think it his happiness and honour to be governed by his Parliaments; and therefore is willing to agree to us what our most wanton wishes can ask, as our Author thinks fit to abuse us; but we are not so easily moved to believe against sense, nor can be perswaded, that the honesty of his person, and the sameness of his Interest with the Nation (which last proves a little disputable it should seem by this discourse) of both which my Author makes so great brags, would be good security to embolden us to entrust him with dispensing to us these unvaluable blessings that God hath given us by the mediation of our Swords; since we are of full age, and know how to manage them our selves to our better advantage: but should we distrust our selves to be such infants, as must call in a Guardian; it would be no great wisdom to make a bargain, and sale in Trust, and put the price of our all into his hands in his name, to be kept for us, who believes himself Heir to his Fathers Prerogatives, and would make no bones to cry all his own, possession being eleven points of the Law, it is something to say, he is Fathers one Son, and must take his revenge upon Parliaments, for the good turns they have done his Father and him; and the old Charles being in red letters in the Cavaliers Callender as the best of Kings, we should wrong his memory to hope better of the Child then the Parent; who hath to an heir trod in his Fathers track, where ever he could set his shooe, and discovered his good affection to our Parliaments, both in his Fathers time, and since he pretended to be Charles the Second; being as perfectly sound to rise up in his Fathers stead, as if he had been spit out of his mouth: and they who so vigorously advise for a treaty with him, hoping to kill him with kindness, to overcome evil with good; to court him into this Throne by such smooth language as those 1 King. 12. 4. Thy Father made our yoke grievous: now therefore, make thou the grievous service of thy Father, and his heavy yoke which he put upon us, lighter, and we will serve thee; will finde, although he ask counsel of the Old men that stood before his Father in his life time, who will advise him as vers. 7. If thou will be a servant unto this people this day, and will serve them, and answer them, and speak good words to them, then they will be thy servants, for ever: You notwithstanding after three dayes (a short times) breathing, after consulting with his Young men, he will most certainly do, though it may be beforehand will not so plainly deal with us, as did Rephoboam with the Edition: current; Page: [7-525a] men of Israel, vers. 13. And the King answered the people roughly, and forsook the Old mens counsel that they gave him: and spake to them after the counsel of the Young men, saying, My Father made your yoke heavy, and I will adde to your yoke; my Father also chastised you with whips, but I will chastise you with Scorpions. Whosoever thinks it their benefit to quit the Priviledges of Parliament, for the Prerogatives of an Hereditary Monarchy, shall do well to believe it their interest to call him in. Yea routing of Parliaments is found so absolute a requisite to Prerogative, and so really the interest and concernment of a Single Person, that the Old Lord Protector (who swore so solemnly to preserve the Laws of the Land) made no stick, but broke those Parliaments in pieces which he called to serve his turn, if they could not say the Lesson which was taken out for them: and thus it will be to the end of the Chapter, if care be not had; and they say prevention is the best physick.

Seventhly, Settlement is the common interest of the Nation. This is that every ones wishes zealously pretend unto, but few take the right course to procure; and therefore many being wearied out with expectation, fear we shall never see a Settlement, that no way can be found out, to give a rational content to all parties among us, that can be brought into practice, and therefore have doomed England to destruction, because a house, or Kingdom divided against it self cannot stand: because we have been so many years labouring under distraction, and emptied from Vessel to Vessel, they fear it will never be otherwise: but these are their fears, not their desires. Every one whose business is not to fish in troubled waters, heartily wishing a Settlement in these Nations; which would be so much the more welcome to us, as the want of it so long hath made us lament after it: It would be a great rejoycing to know where we should rest, that we might sit under our own Vines and Fig-trees, without being alarumed with this Insurrection, and that Change of Government, this Oath, and the other contrary Engagement, enough to make a wise man mad: but how this may be accommodated will fall in afterward, it shall suffice here to note how unreasonable it is to hope for a Settlement by calling in the late Kings Son; For where seeds of Disturbance and Discontents are universally sown (which though now more hidden and underground, yet will soon appear after a little expectations) there no settlement can be hoped for. This then is made good by consequence, it having been manifest, how he must needs trample upon the consciences of Religious people, which can but little oblige them; give encouragement to Papists, who will be continually plotting to disturb our peace: Entrench upon Property, which will create him not a few enemies: Encrease Taxes, which are the great makebate at this day: Discourage Trade, which will prepare men to raise their fortunes upon the ruines Edition: current; Page: [7-525b] of the publique: and that his Prerogative will clash with the Priviledges of Parliament, which if ever he grant us another Parliament, would most probably beget us another 20 years Distraction. If this then produce a Settlement of these Nations, it must be acknowledged a wonder is wrought for us: being a means not only very unlikely, but most contrary to its end; which only the hand of Omnipotency can over-rule. So that in all appearance, should be acquire the Government of these Nations, it would be too hot to hold, and we should be farther off from Settlement then now we are. From the whole I conclude,

That the Interest before mentioned under Seven Heads are Indispensible.

That the bringing in the late Kings Son is imcompatible therewith.

Both which are sufficiently cleared from any doubt; therefore it is by no means adviseable to call him in. What should I instance in Reformation of Religion: Establishing the good and wholesome Laws of the Land, which concern the Community: or Indempnifying irregular actions: Neither of which do require the application of such a desperate experiment; although some merciless. State Quacksalvers make this prescription, and thereby keep our wounds still bleeding, and distort us limb from limb, to practice their skill upon us, and make a triall upon their miserable-patients, till we swoon away and die under their clutches: when some Kitchin physick, something more natural to the body of the Nation, would with much more reason, in lesse time, and with lesse hazard, restore the pale faced Religion of England, and confirm the good Laws of the Nation, which necessity hath something weakned of later years, and procure a sound indempnity which some think to be in a languishing condition; neither of which, for ought I perceive yet, are in such extremity as to be under necessity of drinking in these Asses milk. I have done what I first promised, and made it clear, That the calling in the late Kings Son, is neither a certain, nor yet probable means, for preservation of the Nation, and the Rights and Interests thereof. My next business is to produce an Expedient that may do what the other only did pretend; which trouble I give my self and my Reader, not to prescribe to men in Authority, referring it to their judgements, what form of popular Government will make this Nation most happy, Edition: current; Page: [7-526a] whereunto my opinion shall submit, though it should not consent; but because our Author put in those tearmes [The Only means of Preservation] thereby Insinuating as if ruine were unavoidable, if his King could not save us, we must needs perish. I think my self thereby fairly provoked, not by my silence to consent, that the Nation is left in an undone condition; having rendred his only preservative fruitless and frustrate, but to perswade my Countrymen to cease from the Speeches and Actions of such as are desperate, and devoted to ruine, by offering a safe and facile way of recovery, to a better condition and temper of State, then our Nation hath enjoyed in the memory of Man, towards which the pulse of the Nation is felt to beat pretty kindly. Wherein I shall not be so much an Innovator, as some others, seeing I do not much magnifie such Propositions as have been made for new modelling foundations and superstructures, till it grows up to a Fabrick not unfitly resembling a Windmill which turns round, while it stands fast: while an English way of a Common-wealth is no farther to seek, I should mislike it more then I do, if I took a voyage to Venice, of any other part of the world, to bring in a new pattern; since if my chothes did fit as well to my back, they would please me no lesse, then if they were alla mode a France. I say then,

That the Supream Authority of the Nation, being fully vested in Parliaments of England successively, and frequently Chosen by the Good People thereof, being free and without check upon them; this is an Infallible means (under God) of preservation of the Nation, and the Rights and Interest thereof.

By the Supream Authority, I mean, the whole Legistative Power, and whatever Powers of right belonged formerly to Kings, Lords, and Commons joyntly. I add, that this be fully vested in them; thereby I understand, that they have the sole power of the Militia: which was claimed by the King, and by the Parliament; but whoever could get fastest hold would not let go, but would be sure to have and to hold from that day forward; without this they would only be complemented, Edition: current; Page: [7-526b] The Supream Authority of the Nation; as in courtesie we bespeak Sir John and Sir Thomas Knights of the Lord Protector, but no such matter—In Parliaments of England chosen, I intend Knights, Citizens, and Burgesses. By the good people of the Nation, I mean, such as have not declared themselves for the King against the Parliament in the beginning of the Wars, or been discovered in Armes, or Plots, upon the same account as disturbers of the peace since; being such as by Law are capable thereof. Successively and frequently, I design, that the people loose not their benefit of Elections after once chusing, by Parliaments sitting time out of minde, but that all Parliaments be chosen, and often chosen by the people, at least once in two years. Being free, and without check upon them; I would have, that they be not overpowred by force, nor controuled by a Negative voice of Single person or Peers. Thus explained I will stand to my tackling,

That such a Parliament is an Infallible means (under God) for preservation of the Nation, and the Rights and Interests thereof.

I shall take the lesse pains to clear the equity of my Proposition, since the Malecontents of the Nation that have made so great a noise lately, seem to make this their only wish; and profess to acquiesce in the resolutions of A Free Parliament, whose Supremacy they make so little doubt to acknowledge, that they, or some body for them professe they will be content to be accounted Traytors if they dispute. I shall only say this, That the Knights, Citizens, and Burgesses are those, and only those in whom we repose our trust, as those from whom we expect our benefits; they are as it were the Covenant Servants of the Nation, are a part, and the best part of our selves too, if we be not overruled in our choice; such who if they should harm us must wrong themselves, being obliged in every thing they impose upon us, our interests being common and inseperable: but that of King and Lords dissinct, yea contrary to our Liberties, and so selvish, and self-seekers, and most unlike to be our Saviours. The other are embarqued in the lame bottom with us, and so are concerned to make the best advantage for us they can: When these are bound to maintain their Honours and prerogatives, though upon our ruine: who are usually never the lesse Pursey, and powerful, as we are the more slavish and indigent. Therefore it concerns us, that the Supream Authority be Edition: current; Page: [7-527a] vested as I said. I propose them the Militia, because it would be poor Providence to betrust them with consulting for our welfare, if they have not power to see their resolutions put in effectual execution: give a Parliament power of declaring Laws, and some other person or persons power to dispute those Laws, or to subvert them, and then you may save the labour of the first, since the latter shall render the Supremacy of the former Subordinate. I know there can be no Supream Authority without the Militia; tis the same thing, but this (ad homines) to men that would unwillingly part with the Sword, yet seem very free the Parliament should be the Supream Authority. We remember who disputed the Militia with the late King, I would they had it now without dispute.

I propose that they be successively and frequently chosen, because it is most unreasonable that Parliaments, or what ever we call that we shall chuse, should continue as long as they please; this would make way for corruption, as it is commonly suggested against some in this Parliament, whose blame is very improvidently laid upon all the rest, for certainly there is no greater temptation upon a Parliament then Continuance, and I would not they should be lead into this temptation; this would make Parliaments ten thousand times worse then Monarchy.

I would have them frequently chosen, because it is better for us, that they be often chosen, then that they do not alwayes continue; that they be quickly in a condition, or in possibility of being in a condition of subjection is more for our security, and more likely that they should provide for us, and themselves, then if they should continue long in rule.

I would have them chosen by the good people of the Nation, as before explained; for it seems to me unreasonable that those who in the first quarrel took part with the King should be admitted as yet to elect or be elected; who having waved the Umpirage of Parliament, and referred themselves to the arbitration of the Sword, cannot expect that after a direct judgement given against them in the case; they should have recourse thither from whence their cause had been before Superseded; and for the others they are or might be more sensible of their miscarriages then to expect equal benefit with the more trusty and upright in the Nation; neither of which can with safty presently he admitted to chuse or be chosen, least their choice and counsels should lead to involve again the Nation in bloud.

I add, that they be not controuled by King, Single Person, nor Peers, or forced by Power: for if they should be under the Law of the former, or under the force of the latter; as good never a whit, as never the better: there would be a Law is those Members, would war against Edition: current; Page: [7-527b] the law in their minds; and they could not do the things they would; so that though to will were present, yet how to perform, they might truly say, they knew not; they could finde no ability.

In a word, Two things very much commend the nature of my Proposition, It takes in all interests, and it doth it by choice.

First, The whole interest of the Nation is taken in to constitute this Supream power, every County, City, and considerable Burrough, send or should send in competent Numbers to secure and assert their interests, no sort of men but have an interest going here, the Clergy not excepted, who though they do not sit here, least it should hinder their studies, yet strike a great stroak in Elections, and, never loose themselves by a Parliament. The Nobility, if they be not too high in the instep, and think it below them to serve their Countrey, may serve themselves too in this Counsel; being as like to be chosen as any other if they please. A Parliament alwayes takes in, or as taking in all Interests, every body hath his stock going here, which can be said of no other Power; therefore most rationally may we expect it should give satisfaction to all, since it takes care of the interests of all.

Secondly, It is performed by choice, which gives the most absolute and undoubted right, and is that under which we are infinitely obliged to sit down satisfied: a Woman cannot dispute the right, nor scruple to sit down content under the shadow of her husband, especially if he be not obstructed upon her consent, since he is the fruit of her own choice; she might have taken another if she would: but she could not so well content her self under the right and rule of a Master unto whom she was betrayed against her will; though since she cannot help it, she complics to make her slavery the more tollerable: but now the Woman that hath chosen her husband, though he prove worse then she expected, her choice hath obliged her as long as he lives. How undoubted then is their right of Supremacy, and with how abundant content and satisfaction may we give up our selves under their rule whom we chuse our selves, unto whom we plight our troth for so little time; unto whom we do not say, Be our servants to day, and we will be yours for ever after (though I would say this to Parliaments in general, yet not to particulars) but have a power in our selves after a little pause to mend our Masters, and put them into the same state of subjection with our selves, which is not found in other constitutions; by the late. Other House we may take a survey and estimate of the beginning and original of the House of Peers.

Those that desire full satisfaction of the Peoples right to chuse their own Government, and Governors, I refer them to Mr. Harringtons Oceana, where they shall not lose their labour, if they do not shut their eyes.

I passe on to commend my expedient, by its necessary effects, which will most certainly preserve the Nation, and the Rights and Edition: current; Page: [7-528a] Interests thereof. Let us try it then upon those common Interests of the Nation mentioned before, and see how we shall succeed, which I shall refer to be judged fit to be received or rejected, as it abides the tryal.

First them, for Liberty of Conscience. What, in the world, can be imagined to secure this better then a Parliament; they are obliged to no one particular party so as to humour them, to the opression or suppressing of the rest, having experience both of the affection and valour of the Presbyterians, Independents, and Baptized, towards the recovery of their just Supremacy; besides are too vast and too noble a body, to be agitated by so low, so narrow, and such a contracted soul, as should strait lace them so close, that they should be inexorable, and stiff to all dissenters, from the more generally received faith* of the Nation, so as they should not be able to breath the blessing of their protection upon them. Tis true Monarchy hath this Maxime, No Bishop no King: I know no such Maxime of a Free-State, of whom only this is true, their title is so good, they need fool no party to prop up themselves; yea, tis their direct interest, to indulge to every man, what liberty he can claim as a Man or a Christian, which is not repugnant to Reason or Scripture. Tis a sense of our just rights and our claim of them, that bear up the Pillars of a Parliament, it was this that not long since brought them out of Egypt, and tis this that makes them the delight of our eyes, and the joy of our hearts; it must need then be their interest, to gratifie us herein. Let us loose the sense of our just rights, or retaining the sense of them, loose the courage of heart to demand them, and our Free-state will soon degenerate into slavery, and become a prey to some Nimrod, some mighty Hunter: a Common-wealth can never sit fast upon Blind Bayard. Besides, that it is their interest to do every man right, there can be no party which can pretend to Liberty of Conscience, that can want their Advocates in this Assembly, every party may tell their tale here, and if they want not reason on their side, need not fear of succeeding to their content; can it be thought to sort with the Wisdome or Interest of the Parliament, to carry it on in a way of Faction as some dream, and thereby to disoblige any considerable number of their Members and Friends, when they shall urge nothing but what may be with safety conceded? Can they so little understand themselves, as to forget, that to commit and unite is their interest, which cannot be otherwise performed then by gratifying all Religious pretenders, so far as Reason and Religion will allow, divide & imperæ may not be written among their Politicks. Yea, the Episcopal party, who are not easie to be perswaded, that the Supremacy of Parliaments can signifie any good to them, cannot fail to receive an equal benefit with the rest in matters of Religion, if they will not leave us without Edition: current; Page: [7-528b] hope of their compliance with the Government, since they cannot be without many wel-willers to their way of Worship in that Councill.

The Presbyterians too, must needs finde friends there to bear his head above water, notwithstanding that mighty deluge of Quakers and others, having taken so deep rooting in the mindes of many, that those winds and waves, may do their worst against this House, and not finde its foundation in the sand. So that it is evident a sufficient liberty must be had by a Parliament, to content any but such as will be satisfied with nothing lesse then being absolute Lords over Gods heritage, and having absolute dominion over our Faith. There are some in the world that think it good discretion to indent for Liberty of Conscience, as not thinking is fit to trust our Representatives herein, fearing they should take up a little, and not throw the reigns upon the neck of every opinion as it is this day: But for mine own part I am free to trust my all with a Parliament, as not fearing them in the least; and for my Religion, I should not think it much, if it would not engage me freely to obey, or patiently to suffer, in case I must needs run counter to the unanimous resolutions of the Supream Authority, thinking it expedient that one man should die for the people; better I should suffer in my single concernment, then they should disturb the Publique Tranquillity. But put the worst, think as hardly as can be thought of Parliaments, here is a sufficient course to be taken with them, if we do indent with them at Elections about Liberty of Conscience; they cannot meddle in what they are not betrusted with. Those that are so tender for security in this point, cannot devise any way to hold if this will not, if they can let us know, which project we will allow in a due latitude rather then loose our business, but we shall not else need it: however this is neither Episcopal nor Presbyterian policy, which makes me wonder that either of these should be so much estranged from the Supremacy of Parliaments: and makes me often lament the hard fate of Parliaments, that one sort of men dare not trust them for a sufficient tolleration; and the other sort of men are unwilling to credit them, for as uniformity of worship; laying both together, makes me conclude, They are most like to be our Saviours, being disposed for middle persons, to salve those extreams amongst us, which are not to be reconciled, but by the interposition of such, as will not espouse the pretensions of either, but endevour to make both yeeld as much as may be to the satisfaction of all, and if Parliaments were more a party with either, they would be more unlike to attone the differences among us, but being a mixt body, and necessarity made up of all parties, must needs receive such as allay thereby, as shall dispose them to so great an indifferency, as may give every man reason enough to abide their award and judgement, unless we will reserve to our selves a liberty Edition: current; Page: [7-529a] of making Exceptions (as we may against some Jury-men) without shewing the least reason in the world for so doing: I conclude with Mr. Harrington, Either liberty of Conscience can have no security at all, or under a Popular Government must have the greatest security.

Secondly, Extirpation of Popery. Here now I cannot chuse but run sous against Portland, and fall foul upon Mr. Prin; how I shall get off, no body knowes: Ipse dixit: He tells us in his True and perfect Narrative, as he calls it, that it was a Plott laid long agone by the Jesuites, to reduce us to a Common-wealth: That Richelieu bequeathed it as a Legacy of his Politicks to Mazarin, to root out our Royall Family, and to perswade us into a Popular Government: And that a Confessor of the Queens waved his Hat at the Decollation of the King, in great triumph; as who should say, The day was their own. And much more to the same purpose, to enforce his Allegation, That the Government of a Common-wealth is Popish and Jesuitical, and tends to the advance, and encrease of Popery. I shall make no doubt, so farre to agree with Mr. Pryn, That the Papists and Jesuites great design is, and all along hath been, and will be, To dash us in pieces one against another: And it might be no insignificant Artifice to put us, upon laying aside Kingship; hoping thereby eternally to engage us in Parties and Factions, that might in the end be the ruine of each other: And who can tell whether Mr. Pryn hath not been an unhappy instrument in promoting their service. It is not to be doubted but the Jesuites were well enough pleased, with the first Differences between the Parliament and King, and yet I hope the Parliament were not Jesuited: I dare say it did not trouble the Jesuites that Mr. Pryn was brought into London from his house of bondage with so much triumph; for he must needs make a good Incendiary: And he tells us, The plot was laid long before; no doubt it pleased them as well that the Scots and English were engaged one against another; a hopefull way to settle our Common-wealth: Did it go to their hearts, doth Mr. Pryn think, that old Cromwell thrust this Parliament out of dores; that he made himself Protector, that he broke up so many Conventions at his discretion; that the Protectorship was laid by? and are they not more then ordinarily concerned now to rout this Parliament, before they can lay the foundations of our Free State? Doth not Mr. Pryn think they would cry, Aha, aha, so we would have it, if they could by any means set the Parliament and Army at variance? And were not this a blessed project for settlement of a Free State: I will not say Mr. Pryn is a Jesuite, but this I must say, He hath done more then one mans share to distract us, and to lay the foundation of this last Sedition; which smells more of the Jesuite then any of the rest, being more cuningly designed, more secretly managed, and Edition: current; Page: [7-529b] universally spread, then any that hath been on foot to this day: And yet Mr. Pryn will not say this was a design for a Free State. ’Tis the Papists design out of doubt, to disturb and destroy us; to unsettle us all they can, that they may ruine us. And therefore it was not unlike the Disciples of Machiavell, to drive us from a settlement, hoping to crumble us to dust, before we could arrive to a better constitution: If it were their plot, as I know no great ground to believe, (and Mr. Rogers hath well answered) more then to distract us; I suppose they meant us no good by it, but they are fallen into the pit they digged for us; the Lord is known by the Judgements he executeth, the wicked are snared in the work of their of their own hands: Higgaion Selah. We are now in a hopefull way of setling a Common-wealth, and we shall quickly understand what advantage such a settlement would yield to the Papist: It is not at all to be disputed but another Queen Mary would do their businesse as well as a Common-wealth; who would hardly be perswaded to joyn our Nation to Saint Peters Patrimony. I appeal to all the World, whether their designs be not more easily wrought out of a private interest, then a publique: Whether it should be harder to make one person for them, or the whole Nation? We are no strangers to the genius of our Native Countrey. If the single person should deny to pleasure them, it were no hard matter to take their revenge there; by Poyson, Ponyard, or Pistoll: They could quickly remove out of their way an Edward the Sixth, or a Prince Henry, if they were like to spoyl their designs; Were they not more likely to advantage themselves by matches of our Kings with Popish Women? Doth not Mr. Pryn acknowledge the Jesuites had a great number of Colledges in England, in his forecited Book? Do we not all know, the Papists had as much countenance as they can imagine under our Free State? Remember what my Author saith, which I mentioned before. Yea, have not our Parliaments been their greatest Enemies? I appeal to Mr. Pryn, If the House of, Commons have been any of their best friends since our Nation, hath been Protestant? He tells us himself, How angry the Papists were at the Propositions of the Isle of Wight, which the King consented to against the Papists: We all know whose was the contrivance. Yea, all the Papists of England appeared for the King in his warres against the Parliament; you will judge then whether they be for a Common-wealth against Monarchy; or whether they mean us a settlement of our Common-wealth; especially since Monarchy is now cryed up hotter then ever, by that party, and their Agents; or any thing rather then we should settle in the way of an equal Common-wealth: which certainly if ever they put us in pursuit of, they never meant we should reach, or overtake.

But let my Expedient be put in practice, the Nation setled upon Edition: current; Page: [7-530a] the Foundations of Parliaments, and my life for it, the Papists shall receive their deadly wound, which shall not be healed; nor shall they have power to vex our Nations any more, for they have been the mortall enemies of Parliaments, engaged in wars against them all along: and alwayes practising sedition against them. Instances are familiar here, and in Ireland: whereby they have engaged the Parliaments their everlasting foes; so that those of the Parliament that would have restored the King, shewed their good will unto the Papists, by causing the King to agree to their persecution: Yea Parliaments ever since Queen Mary especially, have shown their teeth at them, and bitten too as often as they have been able to reach them; till they have been rated off by their Masters: And it cannot be but their sins must come in remembrance before our Parliaments: And then falling into their hands whom they have obliged not to befriend them, they may expect what will follow, even the wages of their iniquities, which I see by their bustling they are well aware of: their Religion is an enemy to our Peace. They have done nothing to merit the Parliaments favour; not can finde any advocates in that Assembly, that dare speak out for them; no Cottington, no Digby: There shall be Episcopal, Presbyterian, Independant, and Baptized, all vying their zeal against them, who shall most fervently express his anger at them. Yea, and he shall think he hath sufficiently purged himself from all Damnable Errors, that shall would the Hairy Scalp of the Scarlet whore: The Papist will have good luck, if they do not receive at their hand double for all their villanyes; being more like to give them bloud to drink, who have drunk bloud in abundance, then to give them any encouragement or toleration among us: Yea the very Fist Monarchy-men, who of late years have been mentioned with as much detestation and indignation, as if they maintained some damnable Opinions, or Doctrines of Devils, are as forward as any to shew their zeal in this particular.

Thirdly, Defence of Property: This Parliaments must necessarily make good for their own credits. ’Tis irrationall to fear that Property in generall should be endangered by a Parliament; but those Estates which have been sold by former Parliaments, must be made good by following Parliaments, else they crack their reputation, and undo their credit: They who have been faithfull to the Parliament, need not fear, no nor the Cavaliers, for having compounded, there will remain no more sacrifice for their sin, if they live peaceably in the Land. Besides for Crown-lands and Church-lands, they can have no temptation to alienate them from the Purchasors, fince it cannot be, but they will have a Stock going in them themselves; and Kings, Bishops, Deans and Chapters being outed the Nation, there will be no occasion of those Lands to maintain their Grandeur: And for Delinquents Edition: current; Page: [7-530b] Estates that are sold, there can be no thought of their restitution, for care will be had that their Provender do not prick them to sedition against the State. However, if any of their Estates have been sold without due proof of their Delinquency (as it is pretended of some) God forbid but their estates be restored them, the Purchasors receiving their Money from the State, or satisfaction some other way: So that without peradventure, Every man shall enjoy the purchase of his Penny, under the Supremacy of Parliaments: And yet would there be no cause of Contest, but it would be a matter of generall content and applause, if the Parliament should be so highly just as to enquire in good earnest into the frauds of the Common-wealth; and make them pay the full value of their Purchases, who have plaid the Knaves, and cheated both the Souldier and the State; and then they too, may enjoy their Purchases, when they have paid the same rate for them with other men, who were forced to pay to such a value, or go without them.

Fourthly, Easing of Taxes. This is so absolute a benefit that we have had by the House of Commons formerly so called, that our Kings looked upon them only as our Pursers. And our last Lord Protector in his Speech to the other House, and the Commons assembled in the late Lords House, directed himself to the Commons, as if so be they had signified nothing in the world but to look to the peoples Cash, and to see which way their Money went before they parted with it. And the truth is, they have been alwayes very frugal for us, till the late unhappy differences; which have necessitated so many Charges, as hath forced them to a strange kinde of Prodigality, such as hath almost made the Nation Bankrupt: Which certainly had been repaired long before this time, had not that unparalel’d usurpation been practised upon our Government, that hath put us many hundred thousand pounds in debt, which must be paid; and may justly excuse the Parliament for having lately made bold with us, to pay a little before hand, and must leave them without blame, though they punish us a little more then ordinarily, till the Nation be in some measure out of debt: No man in his right sences but must willingly contribute thereunto as he is able, having no reason to expect it can yet be otherwise. But the Debts of the Nation being brought into a narrower room, which a little time may compasse, we may expect, and shall finde, our Taxes will be broght as low as possible: for ’tis the concernment of themselves to do us what good they can herein; they paying equall Taxes with other men, according to the value of their Estates: Besides being not of long continuance, and so not likely to advantage themselves by Offices, must needs be willing to go off with applause; every Parliament striving who shall leave least burden upon the people: There being no greater service they can do, Edition: current; Page: [7-531a] to commend themselves, to the generall good liking of the Nation: And therefore the Lord Protector after once he brought the Tax to Thirty five thousand pounds per mensem, with all his Rhetorick, could never perswade any of his Parliaments to raise it a penny, being unwilling to draw the envy of the people upon themselves: And it may be hoped, That the Parliament now sitting, will do something towards our relief herein; although perhaps at present they cannot avoyd a greater Tax then hath been upon us these Four or Five years, for reasons mentioned before, yet may we not hope in vain, to have amends made us, one way or other: It being a shrewd temptation to gain a general applause; that when they have finished their course, and done their work, they may have the Nations [Editor: illegible word], Well done good and faithfull servants. Something of this nature they have already under consideration; I wish it may succeed according to their desires: For I am very sure they are industriously studious to render us some such services, as may signalize the care they have of our welfare: In the mean while (pardon my homely Proverb) It is not wisdome to lose a Hogge for half a penniworth of Tarre: But when they can, let them give us as much ease as possible; succeeding Parliaments will be sure to take off what they may, but will hardly be perswaded to lay on more load, as you may well imagine: And every succeeding Parliament will have advantage of the other, to do us a pleasure, as we shall grow better quieted, and lesse disposed to sedition and disturbance; which fruit we must needs reap by a Parliaments Supremacy, which cannot but give content to all Partyes.

Fifthly, Advance of Trade. Here I dare say, I shall little need to bespeak attention; every one greedily listening after this advantage. Trade is the very life and spirits of a Common-wealth; it makes the complexion of a people lively, and pleasant: When it flourisheth, you may observe a general Jubile. Break the Neck of Trade, and you break the Heart of a Common-wealth, and make it fit to be ridden by every Tyrant and usurper. When people have more then enough to doe to get their Broad, they will have little leasure or heart to contend for their Rights and Priviledges: ’Tis when Riches abound, that men are in a condition to bear up their Priviledges; when Trade flourish then Riches flow in, and then no cost will be spared to preserve our Rights: Every body knowes the generall benefit of Trade; I need say no more to that. But this observe, wheresoever you take notice of Rulers giving all possible encouragement to Trade, you may be confident that people are already arrived under a just Government; or that it is really designed for them: And whoever they be, that Curtail Trade, whether single persons, or others, and think it not fit to give it us just Priviledges; (although they may do some common Courtesies for Edition: current; Page: [7-531b] it, to pick thanks) never doubt but they intend to make us their Slaves; let their pretensions be never so specious for liberty. The more refined any Government is, the more exactly squared to the line and Plumet of Reason; still the more of their countenance will be bestowed on Trade; knowing, the more healthy we grow, the more we shall contend for them: It is not to be doubted, that Government which is most rationall, and gives best satisfaction to the people; that shall be sure to thrive best, where the people thrive most; they grow up together to the greatest height; that Government encourageth Trade, and that Trade supporteth the Government: But usurpations, and Prerogatives being against common reason, are best born up upon the ruines of Trade: The more Beggars the more Soldiers for your Money. And therefore some have said, If his late Majesty could have kept this City from getting to such a head, he had sate fast in his Throne. And our old Protector plaid this game pretty well, by getting the Customs and Excise raised much higher then ever; and exposing them to Farmers, to squeeze the Trader to some purpose: which hath caused many a man to take Sanctuary in the Upper Beach; and made many others forbear Trading to keep what they have; not knowing which way to get more; which brought Trade to such a passe, that certainly if he had lived Protector Six years more, he had beggered half the Tradesmen in the Nation. And whoever he be that shall snatch away the power, out of the hands of our Parliaments, be he one man, or a few men, the best of men, what you please to term them; this be sure, they will have such a witnesse in their conscionces that their cause is not just; that they will finde it prudence, to keep the Tradesmen low enough; being those that set all the wheels of the Common-wealth a going, and bring in the wealth of the Nation; and are sturdy fellowes themselves, against Oppressors: And therefore the design of this Parliament, to take off Customes and Excise, as it is generally reported; which hath been had in deliberation among them, and which they are very desirous the project propounded may answer expectation, of which they were informing themselves by an enquiry throughout the Nation; and therefore have continued the Customs and Excise but for three months longer, to see what may possibly be done in it: I say, this is with me a very important sign, that they did indeed intend us an equal Government: it herein I heartily wished them good successe. It will be a good day in England indeed when Excise is taken off, better if both Customs and Excise could be taken off; but if the Excise were laid by, and the Customs halved, brought as low as any other Nation, or but half the Rates imposed that now are paid; it would be a great ease and benefit; and give infinite content unto the Merchant; and should neverthelesse bring more sacks to the Mill, be a greater Revenue then now kills, as is easie to demonstrate well, had this Parliament given us one list, and I dare hazard that the next shall not be behind hand; Edition: current; Page: [7-532a] for still as Parliaments come to be of shorter continuance, and can have no design upon us; they will work while it is called their duty; that they may give all encouragement to Trade; which must, and will be unto them instead of Walls and Bulwarks: And shall for ever secure them, against King, or House of Lords. So that their Interest considered, there will need in the Parliaments no Advocates for Trade; it will be so generally the Interest of the whole; but to make the security good beyond possibility of miscarriage; a considerable number of Tradesmen cannot fail for Cities, and Boroughs, to make voices for the advantage of Trade: Yea, few Gentleman of the Parliament, but must have younger children, younger Brothers, or very near Relations that are engaged in Trades, who will not be wanting to do them a pleasure: That a more then common advantage to Trade is hoped for from the Supremacy of Parliaments; I have this to adde, viz. The extraordinary abounding of Tradesmen, since this Parliament first began to scuffle with the King for the priviledges of the people: It is not to be dissembled, how little encouragement hath been given to Trade these many years; through the extraordinary Impositions that have been upon it; and yet ’tis no more to be concealed, how Tradesmen have multiplyed in London; so that if restraints had not been sold upon Buildings, it would not have been farre from London to Brainford. This is that which hath made Rents so unreasonably high in London; a strange kinde of wilfullnesse there hath been, that every body will be Tradesmen; when all the Trade that hath been going in the Nation these two years and upwards, hath been too little to afford one third part of them a comfortable livelyhood: ’Tis certainly a providence they have for future Benefit that must necessarily accrue after our Hurliburlies are over, and we arrive at a settlement, under an equal Common-wealth. And it is, no doubte a good piece of discretion not to be beaten off from engaging in Trade by present discouragements, when the long run promiseth the greatest advantages that men of but competent Fortunes can hope for: Neither doth the multitude of Traders, when Trade is open, and free, at all hinder Trade, but the more the merryer, and the better cheer too: Though when Trade is shut up, and spoyled, every one stands in the others way. I have wondred many times the reason why most of our Gentry have of late affected, to place their sons Apprentices, and will give any money, rather than fail to dispose of them in Trades: I durst never think them all, to be fools and their money soon parted; yea, the best Gentry of England, are very desirous, and do daily match their Daughters into the City, and give three times the portions that twenty years since would have been given to a Citizen; when money was much more plentifull then now; so that men are concerned to see it the better laid out. And yet Trade, so miserably bad as it hath been of late; I know not how to resolve it otherwise, then a presage of future good dayes unto the Trader, Edition: current; Page: [7-532b] grounded upon the alterations that have befallen us; and if Tradesmen have so much encreased under so many opressions, when fed upon stones, and getting what they have out of a flint, living most upon hopes; what may we expect, when under a constant Succession of Parliaments, enjoying our peace, trade shall receive all possible furtherance by Authority, but that we shall grow to an immense wealth, that shall make us with Gods blessing, a wall of brasse, and a terror to our Neighbours round about us. Yea, if Trade already be so well esteemed, that Tradesmen to a great number, are acknowledged to be men of very good ingenuity, and of commendable behaviour, so as many of them are hardly distinguished from the best bred men of the Nations, and are received as companions for them: to how much greater Reputation will they arrive when the incombrances of Trade being removed, men of the best literature shall think some of their time well bestowed in canvassing a Trade; and such curtesies yea such justice must needs proceed to Traders from a Parliaments Supremacy. Some there are, more nice then wise, the Gallants of the times, who are very jealous if the Tradesman have much countenance, he will go cheek by jole with them, and not give them the respect belongs to them, a meer fancy—Say they, who doth the Tradesman live by, but the Gentry: Very good, and so long as they receive a benefit by you, never fear, be not too long in their books, and you will not want their congeet; but I tell these Gentlemen they will reap a benefit hereby, for Trade getting reputation, you will be eased of those retainers in a great measure, those bloudsuckers that leave you not a peny in your purses by Quarter day, Younger Brothers, and Unkles, and Cozens, that stick as close to you as your shires to your backs, who scorn a Trade so much, that they do as it were rather beg their bread in a Gentile fashion. These then will be engaged in Trades, and be able to live by their own ingenuity, besides lesse portions will serve turn to set them up bravely, then now they draw away from their elder Brothers, which pincheth hard sometimes, and yea after a little roaring spend all, and are turned upon their good Brothers keeping at the last, who cannot be so little a Gentleman as to shut his dores upon them, and if he leave them open, they will be sure to come in, without crying, by your leave Sir, thinking it high injustice he should have so much when all theirs is gone.

Sixtly, Soverain powers and priviledges of Parliament, asserted and vindicated. This is so well cared for by this expedient; as if every thing else were of no comparative consideration with it; so that those who are our Trustees in Parliament, whom every part of the Nation chooseth to act for them; those that the great Patrons of Prerogative will tell you, were never known any other wise then as Petitioners to their Majesties, they are stated in the Supream Authority of the Nation, without King or Lords to controal them; so that they may then command Edition: current; Page: [7-533a] what formerly they might beg, and go without: that thing which we so much complained of, and was indeed a real grievance, that our Commons in Parliament were without power to do us good, by reason of the Negative Voices over them, is hereby sufficiently redressed, and we may expect the benefit of it, if we will be so true to our selves, as to chuse the best deserving Patriots, and most publique spirited men to act for us. I shall instance in three Particulars more that are the common concomments of the Nation, which were only named before, not insisted on, and hasten an end.

Seventhly, Tis the common interest of the Nation that Religion be reformed according to the Word of God, and the examples of the best reformed Churches. I do not dispute whether this be State Policy, but sure I am tis good Christian prudence. This comes to be our interest, not only as we have lift up our hands to the most high so to do, (which upon no account that I know can be dispensed) but as we expect God to blesse us, so it becomes our interest to glorifie him by bearing our witness to the truth; without which tis most high presumption to expect his blessing, especially since we professe our selves Christians, it is surely our duty to glorifie God by a publique profession of our Religion, arrested unto by the Supreme Authority, such as the publique vote of the Nation shall judge to be most of Divine Authority: it would be hard measure, that the minor part of the Nation, by claiming the benefit and right of serving God according to their consciences, as tender spirited men, should deprive the major part of that tenderness, their consciences must needs oblige them to express to Religion; for if the minor part claiming liberty of Conscience, shall debar the major part from a publick profession of Religion; then the major part is bereaved of their liberty of conscience by the minor, which is most unequal, as Mr. Harrington hath excellently well observed. It is strange to me, how any man should resolve, that a publique profession, and a Christian toleration are inconsistent and unpracticable: unlesse this be inseparable from a publique profession, that all dissenters must be persecuted, which can by no means be admitted; yea, I am bold to justifie Mr. Harrington in his 45. Aphorism, That there may be Liberty of Conscience, there must be a National Religion: it will then be the interest of the Nation, that a publique Ministery be encouraged and maintained: I have Mr. Harrington my friend in this too, Aphorisme 46. That there may be a National Religion, there must be an endowed Clergy; and verily he hath many things to this purpose of much concernment and unanswerable. I will repeat some few.

Aphorisme 42. Where the major part is deprived of the Liberty of Conscience by the minor, there they will deprive the minor of that liberty of Conscience, which they might otherwise enjoy.

Apoh. 43. In Israel there was an endowed Clergy, or Priesthood, and a National Religion under inspection of the Magistrates; whence the Edition: current; Page: [7-533b] Christians in Apostolick times, defraying their own Ministery, could have Liberty of Conscience; whereas if the Christians by going about to take away tithes, and abolish the National Religion, had endevoured to violate the Consciences of the unconverted Jews, these being far greater in number, must needs have taken away the Liberty of Conscience from the Christians.

Aphor. 44. Paul in Athens could freely and undisturbedly convert Dionysius and others, therefore in Athens there was liberty of Conscience; but if Paul and his Converts, had gone about to drive hirelings, or an endowed Priesthood, or Clergy out of that Church, who seeth not that the Athenians would have driven Paul and his Converts out of Athens? I do not forget my self, there must be a publique Ministery maintained, without which our publique, yea and our private Christian profession will be lost; to which the Parliament by their late memorable Votes, as also by their very kind receiving of the Lecestershire Petition, have given their publique testimony, Gods blessing on their hearts for it. However some in the world taking advantage of the rash actings of some few, who ought to have been better disciplined, yet were overruled by the blinde zeal of their private spirits, have thrust sore at the Ministery of the Nation, These are they who receive your Tithes, you see now how much beholding you are to the Ministery; what shall they have Tithes still? when will you know your friends from your foes? but these men know not what spirit they are of; and it appears, that you have not so learned Christ: that for the inconsiderate actings, of some fiery zealots, you should call for fire to consume them, and starve all the rest: A Ministery so learned, so pious, so spiritual, as no Nation, no age of the world hath enjoyed, in so great plenty. Yea, those very men, against whom many cannot finde words bad enough to expresse their malice. The Presbyterian Ministers, of whom I may truly say, they come behind in nothing of the chiefest Apostles (those that pretend more immediate converse with the Spirit) having their witness in the souls and consciences of very many, the soal of whose Ministery many are in the Lord, who are their crown, and glory, and rejoycing; of whom thousands will say, though they had ten thousand instructors, yet these were their Fathers, for in Christ Jesus they have begotten them, through the Gospel: and a thousand pitties it were, they should be exposed to the rage of unreasonable men, who would starve them out of the Pulpit, unlesse God should send them Ravens with food. In this digression I have only betraied my affection, not at all my suspition, of this or future Parliaments neglecting the Ministery; for I believe it will be owned for a National interest, that a godly and able Ministery be encouraged, that so the Ordinances may be purely dispenced amongst us, without this there can be no Reformation of Religion. Care too must he had concerning Heresie and Blasphemy, or there can be no publique Christian Religion. (I am fain to huddle things together) Shall Edition: current; Page: [7-534a] that Nation be called Heathen or Christian, that suffers men to Preach and Print, that Jesus Christ is not God; that he it not Man? that the holy Spirit is not God: that the Scriptures are not the rule of Faith, and life: that the Sabbath day is no more to be taken notice of then every otherday? and many other abominable opinions? I am sorry to mention it, but some care must be had in it: there must also be Reformation of life, this is our concernment no lesse then the former, and must be as necessarily and carefully inspected, else there can be no reall Reformation: Swearers, Drunkards, Unclean persons, Sabbath breakers must be punished, or there can be no reall Reformation, otherwise Reformation is a meer gingle: there are good Lawes for these already, let them be put in practice, but I am too prolix. That Parliaments will take care of this, is most certain, he is strangly unacquainted with the temper of the Nation, that fears it in the least, yea some there are, that are so sensible of it, that fearing their Reformation should take cognizance of their unwarrantable behaviour, use their best wits, to argue the Supremacy of Parliaments to be dangerous to the welfare of England; of whom I will not speak in the very words of the Apostle, They have reigned (yet this I am bold to say, they would reign) as Kings without us; and I would to God they did reign (over their own disorderly and carnal affections) that we also might reign together with them.

Eightly, Tis the Common interest of the Nation, That our good Laws be preserved, and the Liberty of the Subject duely regarded. This must be taken for granted, I think it is no more to be questioned, but our Representatives in Parliament must be the best security can be taken for performance of these conditions, especially since they are so nearly concerned. For example, The Adventurers for Ireland have some things of very great concernment to be done for them, would they not think themselves highly befriended, and the best provided for that could be, if they might choose so many of their own number as were convenient, to settle their affairs for them; could they doubt of having their dues, since the Trustees were themselves Adventurers, and would be sure to consult their own benefit, which they could not carry on without including the generality of Adventurers. Tis the very case in hand, as to matter of benefit, their case and ours as much the same, as one Adventurers with another; but it holds not as to matter of right, for they are but a party, and might do themselves kindnesses right or wrong.

Ninthly, Indempnity, and a general amnesty, and Oblivion, is the common interest of the Nation. And what can be conceived more compleat, then that this be performed, and granted, by those that represent every County, City, and considerable Burrough of England, and consequently every individual man. What can be more honourable? What can he more safe? shall we not think our selves secure, unlosse we obtain their forgiveness, who would have scorned to have crept to Edition: current; Page: [7-534b] us if we had been beaten. I wonder at the degenerate and sordid Spirit of some people; surely after a generall Indempnity, Amnesty, and Oblivion granted by a full representative, every man will be out of the Laws gunshot, for what is past: which we have no more reason to doubt of obtaining from the next that sits then of enjoying our lives and estats under them, it will be their interest and wisdome to be friends with all they can, that they may have no enemies if it be possible.

Finally, Settlement. When the Supream Power is fallen into such hands wherein the whole interest of the Nation is combined, such as are the fruit of our own choice, whose interest it must needs be to do us all imaginable good; to allow us a Christian Liberty of conscience, To root out Popery: To defend our Property: To ease us of Taxes: To advance our Trade: To make good the powers and priviledges of the Parliaments: To reforme Religion: To secure the good Lawes of the Land, and Liberty of the Subject: To grant a compleat indempnity, Amnesty, and Oblivion, and when if it could be imagined one Parliament would wrong us, we are sure it cannot be long lived, having its period, and bounds that it cannot passe; what should ail us but we should rest satisfied, what likelihood remains there of disturbance? I am sure cause there will remain none at all. Upon the whole I am certain I have made it evident:

That the Supream Authority being fully vested in Parliaments of England successively, and frequently chosen by the good People thereof, being free, and without check upon them, is an infallible means (under God) of preservation of the Nation and the Rights and Interests thereof.

—I marry Sir, this would do well; but you write merrily, when the skie fals, we shall catch Larkes.

It is Objected, as our Author hath it: whom I had now almost forgot, That the PARLIAMENT intended nothing otherwise then utterly to subvert Parliaments, Others there be of the same Edition: current; Page: [7-535a] minde, That we should never see Parliaments more in England: but that our Parliament lately sitting meant alwayes to be the Supreme Power.

I Answer, You might possibly have been mistaken, be not overhasty to conclude, you know whose bolt is soon shot, and you may peradventure be found peccant of speaking evill of the Rulers of the People; I cannot prophesie what they would do, but can easily foretell what would come on’t, if they should have done as you say; but I must take leave to differ from you, if this be your judgement, upon better grounds I believe then any you have for your conceit, and a little time would have told the truth of the matter: I take them to know their business better then so; and however some are never satisfied of speaking evill enough of them, malice hath never yet had the impudence to brand them with the imputation of folly: and would it not well advance the wisdom of those Sages, utterly to deprive us of, and totally to subvert the very constitutions of Parliaments; when but the interrupting, forcing, or imposing upon Parliaments, hath been of so dire and fatal consequence to the late King, and some body else: what could they expect but the general murmurs, seditions and revolts of the people, of worse consequence then any yet have been to them, who if they should be driven from Westminster; though they drew the Ark after them; should be perswaded with never so Golden and glorious pretenses of Religion and Toleration; yet would not be gotten on; but as they should prick them forward, and would nevertheless be continually lowing, and looking backward.

Parliaments are the Darling of the people, who so toucheth them, toucheth the apple of their eye; and wherever you see any shy of Parliaments, ’tis certainly in relation to Faction; or such things as they know well though cannot hold water: Yes, I wonder at my Author, but that it is no wonder to take him tripping; who tells us, That it is the Interest of the Army to break the Parliament to pieces; that he should think them guilty of so little foresight, as to give the Army such advantage against them, greater then ever old Oliver could shew to do what he did. If it were the Interest of the Army to break the Parliament to pieces, (which no man under the degree of Bedlam can fancy) could they contrive a better pretence, then what my Author saith, will certainly be matter of fact, that this Parliament had overthrown the very Foundations of Parliaments; certainly if this were true, we should all throw up our Caps, and hollow at this second rout: But you might have expected this at latter Lammas. The Parliament seeming resolutely bent for the good of the Nation; which every day appeared more and more, since this Paper hath been under my Pen. I make no question but they have made this observation, that Honesty is the best Policy. These have been and yet are sifting times, such as few Ages have been acquainted with, so as these that have studied the most prudentiall proceedings; Edition: current; Page: [7-535b] have been Non-plus’d in their resolutions how to steer themselves; and have not been able to ride it out, in those storms and fluctuations that have betided our State: and I mistake my self wonderfully, if the most downright honest men of the Nation, do not appear are long to be accounted the wisest; these who have scorned to speak or do any thing against their consciences; and yet too did not altogether hold their peace; and therefore many of then were brow-beaten, and others as faithfull men as any in the world neglected, and disregarded; but lets them lift up their heads, for their Redemption drawes nigh; they will be the men whom God shall delight to honour in the sight of the Nations; when those that have been as the waves of the Sea, carried to and fro with every winde or breath of pretenses; those Weather-cocks that have stood right with the winde from any point of the Compasse, though enough against their own Consciences; meerly as Time-servers, to save their own stakes, and get in other mens too into their fingers; would be glad to shuffle in among the Company: But their disguise is by this time so notoriously known, that they will not be hid under their Sheepe-clothing. The Parliament could not but foresee this, and certainly nothing hath appeared but that they really intended to doe honest things for us, which one would have thought had been good security for them against the [Editor: illegible word] usage they have met with a second time; so this objection, and the Parliament are out of dores together. But it is further objected, that this is variable; though it should be so setled, yet it may not long hold there, we shall be liable to continuall alterations. I answer, After it is thus setled, if it be altered, it must be either by force, or by free consent: And there is no Government but is liable to both these, as much as this: It may be forced away, by a greater power; or given away by free consent; this is true of any Government: And there is no Government can pretend to unchangeablenesse in this world: But this let me say, No people are in like difence against Invasion, as those that are under Popular Governments; I will not instance, I am sure I need not: As for intestine disturbances from the generality of a people, that is lesse to be feared then under Monarchy; for as hath been proved, it must needs give best satisfaction. All the difficulty then will be as to matter of force in this Common-wealth, (as of any other in our case) whether the Army will not be more than Quarter-Master: This is that our Aim hath rung the Eccho of, I’l warrant you the Army will turn out the Parliament before long, and then where is your Common-wealth you bragg’d so much of, and these glorious dayes of liberty you so much exulted in the foresight of. Verily, it troubled me to hear this language; that I meant not to break my heart with that which I hoped should never otherwise afflict me, then as a Reproach: I should not know well what to think; if our Army wore, as generally Armies, are, mad upon Rapine and ruine; but should hope we should be so much English-men, as to Edition: current; Page: [7-536a] sell out Lives in company with our Liberties, at so dear a rate, that if they were Conquerors, they should have little cause to twit our Survivours of their Conquest; if we could not carry on our cause in despite of their resistance. But our Army have professed a good will to our Liberties and Priviledges; and did not long since bewail their Apostasie in subverting them; and did therefore restore this Parliament, besides whom there is no visible nor seeming face of Authority in England, to settle the Nation upon their just Rights, and freedome; surely we will not believe our own eyes. It can never be thought that this Army should return again to their vomit; without some Witchcraft or strong operation and Inchantment of the Jesuite, to undertake the Government again; under which they so pitifully miscarried a while since; although the Northern Brigade gave very scurvy symptomes, of being Busie-bodies, and troublers of our Israel; supposing themselves wiser then the Parliament, who I am sure are as farre engaged as the best He of them all, to consult both the security of themselves, the Army, and the Nation, against the Interest of the Norman Race; and to preserve the Interest of all the Godly, and liberty of Conscience; but I hope the best part of the Army will not be fooled; but if they will make us their Slaves, we must endure till we finde a remedy; but I am sure any Government is liable to this inconvenience; if they cannot master their Army, if their Army be Knaves, they will master them: As for giving away the powers of Parliaments, by Parliaments themselves, as their own Act and Deed; in beyond that little forecast that remains with me to fancy: Is it probable that a Beggar being put into the condition of a Gentleman, whereby he may command his full satisfaction; should of his own choice be reduced into his former condition, it were certainly a sordid spirit where it should so happen: But if this could be supposed; yet how little doth it pretend to likelyhood that the Representatives of England; men of noble and ingenuous souls; who have not formerly been known under any other notion, then that of Petitioners; as saith Mr. Pryn, and others, who could never got a Dole for themselves, and us, but in a way of begging; and most commonly too when they got any thing, sent away with a bit and a brace: Having now got their Supremacy vindicated by the dint of Sword, and set upon the Pinacle of Government; whereby they may oblige as their Servants, by the good turns they may do us; it being more blessed to give then to receive: I say, doth it come within the compasse of Suspicion, that they should swap away their Supremacy, that they may be returned into their former capacity of being poor Knights of Westminster? I know not: Nay I conjecture, That if the affairs of the Nation were ordered under the peculiar inspection of our Representatives in Parliament, so that they may do us those kindnesses, and that justice we may Edition: current; Page: [7-536b] expect from them; that in one seven years, it would be impossible to chuse such a Parliament in the most free way of Election imaginable; that should betray their power into the hands of any Monarch whatsoever; they would finde so many advantages and so much sweet accruing by this way of a Parliaments Supremacy: But it is farther objected, That a single Councill is not so well consulted; it were better, and more to be relyed on, that we had a Senate, and a great Assembly; or two Houses of Parliament: I answer in generall, This age is very pregnant of projects; every body hath a fling at the State; and set their wits a-working to hammer out a Government for England: They say, Every body that comes into Westminster-hall, hath his Modell in his Pocket, what Government he thinks fittest for the Common-wealth. Whether this be true or false is no great matter; this I am sure is not unknown, that every Book-sellers Basket, and Shop, hath some new thing to shew for a Popular Government: Among the rest, a few days since I cast mine eye upon a Paper, that had for its Bust, this title: A Modell of a Democraticall Government. A trusty Trojan he is no doubt, and an excellent Democracy he propounds; no lesse then two Counsels will serve his turn; that he may be sure to be one of the wiser sort: A Senate and an, &c. the Senate to consist of the Parliament men lately sitting; who should choose to themselves so many as shall compleat their number three hundred: Every year one hundred to go off, and themselves to choose an hundred to fill up the three hundred: And these to have the sole power, of debating, and propounding Lawes:—Rare invention upon my word, and a gallant exchange, for Monarchicall Slavery; and very well worth the blood and treasure that hath been so prodigally expended: I should not much grudge at a little expence of time, so I did thereby a little ken this well-instructed Scribe; that I might know him another time from a Black Sheep. However, I hold his Modell not worth the whistleing after, but deserves to be hissed out of countenance, and the Ingenuity of the Author to be rewarded after the Desert of a Libell: And let me adde this as a piece of my minde, Those endeavours that make the greatest noyse, and most specious pretences for liberty, and freedome; and promise the greatest Refinings, and Reformation of Government; which yet in themselves tend directly to enslave and oppresse us; those are to be had in the greatest detestation and abhorrence, and ought more severely to be censured, then those others that deal more plainly with us; and oblige us by their Soveraign reaction to be their Vassals: For while they promise us Liberty, they themselves are the Bondslaves of Corruption, and would entangle us again in the yoak of bondage: But if nothing lesse then a Senate, and a great Counsell can serve the turn, (which I will believe when any body gives me good reason for) I shall immediately joyn my Forces with those publick spirited men, in Edition: current; Page: [7-537a] their Petition of July 6. transcribed from Mr. Harringtons Oceana; a Work which I greatly esteem, and a Person I very much honour for his Labours about Government: And really I am sometimes almost angry with my self, that I am forced to dissent from his opinion of a Senate: I think I have hunted his works over and over, to finde out the utmost of his reason for a Senate, which is not so swaying with me as to over-rule me in this matter; but I know ’tis no new thing to Mr. Harrington to meet with Dissenters from his Judgement; and I doubt not he will pardon me; since I will assure him I shall be willing to learn of him, and shall think my self honoured to be his Scholar; for in very deed if I erre, ’tis through ignorance, not willfullnesse; that I differ from him, is of constraint, not of choice; for I am so well informed of my self, that I should not seek occasion of difference with him whom I very well know to be more then my match: With Leviathan then if that be it at which Mr. Harrington so much wonders, I must acknowledge my opinion to be firm for a Single Assembly, as it hath ever been, notwitstanding, what I have seen in Mr. Harrington, or any other to the contrary: The greatest matter I have observed in Mr. Harrington for a Senate, is that of dividing and choosing; and that of Faction in a Single Assembly: Which for ought that I perceive (though it be the most that can be said) availeth little to the businesse. Let me state the Common-wealth into 20 persons with Mr. Harrington; why should the Cake be divided between 14. and 6. in two parcels, and not among the 20 into twenty parcels? Why should the six have so much share as the fourteen? is this an equal Commonwealth? Our work would be done by halves, and there would be strange dividing in the end I fear: But this must not run upon all four, there is a mystery in the businesse, I cry you mercy: And as to faction and scrambling, I do not foresee it, unlesse this be faction, A generall agreement about the Cake, how it shall be divided, and parcelled out among the people; else ’tis a Paradox to me how twenty persons should disagree together, and yet have perfect harmony, by an entercourse of spirits, when the entercourse of their persons in counsell fails by dividing 6 from the 14. would they agree better apart then together about dividing this Cake? I strange at the mystery of this scrambling; here is neither King nor House of Peers to scramble with; if there were a King there might be some reason for halving, and the Popular Assembly might be given to scramble for the other half that was kept from them: But what reason of scrambling, when the whole is in the single Assembly? unlesse for failing they must scramble among themselves; the major of the 20 with the minor of the 20. so by the same rule may the major of the 14 with the minor of the 14. and the major of the 6 with the minor of the 6. and the 14 and 6 scramble with one Edition: current; Page: [7-537b] another: It is frivolous to think that the 14 in England, like little Babies, would be pleased with this Rattle, of Choosing; when it is evident it must be Hobsons choice, this or none; and as I have been cheated my self when a Boy, and thought it priviledge enough to choose, the Wags have cut the greatest piece of an Apple, and offered me the Remainder, and bid me take that or choose; which proved an Apple of Contention; and presently down goes our Apple, and we fall to Boxing to end the quarrell: Which is most like to fall out here, when the Prerogative Tribe doe not like what the Senate proposes; how shall they help themselves? The Senate must goe to dividing again, which it may be, shall please no more then before; which if it end without Boxing will do very well. But let us consider again, the whole 20 are chosen by the people, these together would scramble and be factious; carry on a Party, or share places of Profit and Honour. Well, what benefit accrues by the Division, (unlesse because of the division, the 14 will be against the 6. right or wrong, as is something probable) if 4 of the 6. before something to be proposed as to Faction, or Scrambling, 8 or 9 of the 14 will not fail to ballot for them; if they be corrupt, they will be corrupt still; if they be filthy, they will be filthy still; ’tis not two Houses that will hinder Faction, or scrambling if they encline to it: ’tis not the praying 6 of the 14 to go apart, that will make them either the honestor or wiser; or will make them ever a lot lesse minde themselves and their private interest, and more the publique, or be more mannerly at the publique Table; and give the best from themselves to decency, and common interest: But put case that the 6 be over reasoned by 1 or 2 of their own number for something that before they thought not to be the common interest of the Nation, yet the Major part of the 14 (supposed by Mr. Harrington to be the least wise of the 10) are like to persist in the more common and first received opinion; being stripped of the benefit of hearing matters fully debated among themselves pro and con, which in a single assembly they receive the benefit of; where hearing what any man can say, their judgements are fully informed, and they finde cause many times to alter a prepossessed opinion, for who so speaks the best reason may expect to be followed with the greatest resentments; who (as Mr. Harrington hath it I think against himself) will be sure to lead the herd, as Stags of the largest heads; for while the 6 discoursing and arguing one with another, shew the eminency of their parts; the 14 discover things they never thought on, and are cleared in divers truthes which formerly perplexed them; but this I hope is not so well performed, while the 14 are shut out of their debates and conferences; or should not these 6 better inform those 14 if they were but one single assembly. But again, the 6 shall Debate, but not Resolve; the 14 shall Resolve, but not Debate: if the 14 meddle with the Edition: current; Page: [7-538a] businesse of the six, ruine is consequent, so saith Mr. Harrington, the 14 of Athens debating was their ruine: so Rome, the 14 debating caused her stormes; though it seems it fares nor so ill with Venice, whose 6 sometimes make bold to Resolve: and Carthage is reprehended by Aristotle because her 6 Propounded and sometimes Resolved too, her 14 sometimes Resolved and debated too: We do not want examples out of Mr. Harrington, of the enterfering of the 6 with the 14, and the 14 with the 6; both which are of such dismal consequence; neither could there be wanting sad examples of the like nature in England, if ever the Senate take place here: I doubt we should follow the fate of Athens and Rome. Would our Grand Counsel endure to loose the benefit of debating among themselves, that all their communication should be yea yea, nay nay, and that too only in dumb shewes; the genius and natural disposition of England would never away with it, a Nation that cannot endure to be tongue tied, her meanest Assemblies not sparing, but delighting to exercise their speeches and certainly the temper and constitution of a people are very considerable to Governments, which are to be made for men, and not men for them.

If these silent items of the minde be passable with some stupid heavy mouthed people, yet will they not take at all, with such a prompt and ready people as the English, upon whom I never desire to see them obtruded; yea, but should it be forced upon them by some sole Legislator; would it not debate the Spirits of the Nation, Parliament men should be bold as Lions, to speak freely their mindes, and to enter their Protestations if need be of dissent and dislike; and not be obliged to sneak their mindes into a box, as if they were afraid or ashamed to speak out. This would be of very ill importance in the Grand Counsel, and yet all this the benefit of two Houses: It was counted a great oppression that the King and Lords had a Negative Voice, and could hinder the Commons (which answered to the Prerogative tribe, as that was the Interest of the people) from what good they would do for the Nation, and yet the Commons were as free to propose and debate, as their Lordships; and I mistake exceedingly if those that propound, have not the better half of the Cake, if the other can only dissent, and are bound up from debating, or giving their reasons of dissent. Nay, how unreasonable it is that 1050 men should give their suffrages, without so much as the benefit of a Jury, going together to consult and debate about it among themselves, after only a meer Oration in praise of the matters propounded; when Mr. Harrington supposeth them to be none of the wisest, and therefore deserve to be better informed, before they proceed; and to what purpose such a goodly number should come together, to play, at blindmans bluff I cannot imagine, I shall never Edition: current; Page: [7-538b] expect the interest of England to be made good, though ten thousand and fifty should come to be of our prerogative Tribe, if they shall be like that great multitude, that the most Part of them knew not wherefore they were come together; for so they must needs be, if all must keep silence: Neither will the Printing and publishing of the Resolves of the Senate before it comes to the Ballot, mend the matter much, but mar it rather in my sorry judgement; every body hath the benefit of reading that which is Printed, and may by that reason be as well informed as themselves: but ’tis a sorry information that we can make to our selves by our own insight, and the advantage of occasional meetings, in comparison of that clearness of reason that convinceth in so grave an Assembly; but I did not mean to contend, only to object. I hasten, We have hitherto considered the Common-wealth to the number of 20 chiefly, they will differ something it may be under a multiplication.

Saith Mr. Harrington, Aph. 70. The popular assembly in a Common-wealth, may consist of too few, but can never consist of too many.

72. If a popular Assembly consist of so few, and so eminent persons, as are capable of any orderly debate, it is good for nothing but to destroy the Common-wealth.

73. If the popular assembly consist of so many, and so mean persons for the greater part as are not capable of debate, then this defect must be helped by a Senate.

74. The reason of a Senate is, that a popular assembly rightly constituted is not capable of any prudent debate.

76. A popular Assembly without a Senate cannot be wise.

109. As the soul of man can never be in the body of a Beast, unless a God make a new creation; so neither the soul and freedom natural to democracy in any other form whatsoever, then that only of a Senate and a popular Assembly.

Verily this last is smart, but wounds not much; the great matter is, That the popular Assembly being the interest of mankinde, cannot be sufficiently secured, but by such a number, as are uncapable of any orderly debate.

To which I return, That such a number as cannot understand, that cannot make and to use another the benefit of mankind, are too many to make good the interest of mankind in a way of reason, and if in any particular they hit upon it, ’tis more by hap then any good cunning. Therefore I believe, that so many and no more, as may among themselves, be best informed of their own and the people interest (being universally the same) are the only men, and number of men, to preserve the interest of mankind. When a fire breaks out, tis the interest of the whole neighbourhood to quench it, if they may be too many to be useful, therefore the supernummaries had better be at home, that they be no hinderance: Edition: current; Page: [7-539a] That may be the interest of the whole Nation, that doth not call for to great numbers to keep it on foot, therefore those that may be well enough spared let them keep at home, too many are troublesome, and stand in one anothers lights. Why 1050, and no lesse, to look to the interest of England, besides 300 to be the light of England: Or, why the light of mankind, must be separated from the interest of mankind, is very dark to me. If the one body be all eye, where is its tasting and its feeling, if the other be all tasting, and feeling, where is its seeing: this is not altogether so good contrivance as where two half-blind Coach horses are, so placed, that this may see out the one side, and that on the other, though, they can scarce see each other, their blinde sides being next together.

The people, saith Mr. Harrington can feel, but they cannot see: well then the light of this Body is the eye, that is, the Senate; if then the Eye be at Westminster, and the Body be at St. Pauls Church, for a little place cannot hold 1050 men; I perswade my self this body must be full of darkness. Why 1050 pray? a lesse number was formerly thought enough to assert the interest of mankinde, against the light of mankinde, the Lords spiritual and temporal, and the Judges to boot, which was the interest of some men besides; when yet the Commons were thought to have and were found to have the light of mankinde in them too, yea and have so well asserted and made good the interest of mankinde, against those lights and private interests, that leaves no man great cause to except against their number. Why 500 or there abouts being equally distributed for elections according to the interest of every part of England, should not as well, preserve the interest of mankinde, as 1050, especially when hereby the Body hath its eyes in its head, hath in it self the light of mankind and the interest of makind, can see and feel both, I know not? And unlesse we should put out our eyes, because some say they that see best, here worst sometimes, and they that hear worst, see best oft times; the losse of one, sense being the increase of another and so because the Great Coounsel is blinde, it should feel the better; or the Senate, because it doth not feel so much, must see the better; unlesse this be good reason, I am bound to think best of A single Assembly.

But stay, The Senate is the light reason or learning of mankinde and how easie it is for reason and learning, to delude sense, let any one imagine. It is true there are some things so sensibly certain, that they are not to be over ruled by any shew of reason, but reason seldome busieth its selfe about these; nor, are these the things that so frequently occur unto the consideration of your Representatives, if these were the things, there would be the lesse necessity for the light of mankinde; the reason of a Senate being to debate hard matters, things that are not so liable to Sense: This difficulty will yet remain, Whether, since Mr. Harrington saith a Senate alone will not be honest, Edition: current; Page: [7-539b] it be like to be ever the honester hereby, while by their light of reason and learning, it will be no hard matter, in many things, to dazle the weak sight of that vast Animal, if both parties do at all agree; whereby the benefit to result, will be this only, that iniquity be established by a Law, by a more seeming or pretended reason and interest: Sense doth not much foresee the benefit of a Law to be made, though it feels the good of a Law that hath been sometime in force; therefore it will be no hard matter for seeming reason to seduce common sense: This great Counsel wherein it may be some may be found to have scarce common sense, had need to be well instructed, better then a Senate can inform them by an Oration or Preachment, where every ones tale is good, till anothers is told, or else they are like enough to do they know not what; for I doubt me every man hath not a light within him, to a certain knowledge of good or evill, the interest or prejudice of the State, that without any more adoe, we should be left to do as God shall direct us: let me put a case, 1050 are chosen for the Great Councel, and 300 for the Senate according to Mr. Harringtons free way of Election for fear of fixing any in opposition. The 300 propose, That CHARLES STUART be made King of England; I may suppose this, for Mr. Harrington saith in effect, The Senate will not be honest if they can chuse, and a King might not do much amisse with these two Counsels; well what will the sense and interest of the 1050 say to this; supposing there must be no debating this businesse there, but every one must put their mindes in a box, without telling tales; there be some in the world that would lay two to one their sense would soon inform them that it is their interest to make him King: I leave the Reader to a free judgement—once more: the 300 would seem wiser and in their grave judgements propound to the 1050 to settle some Sectary as we call them, Lord Archon, and Sole Legislator of England, and signifie to them, that it is the National interest so to do, without debating the matter, but away presently to the Balloting box. I conceive their sense would hardly convince them, that either the one or the other were their interest: the sense of people in many things is a kinde of prepossession; they must be soundly convinced here if they believe any thing but what they thought before be it true or false; but in other things they are more facile and ductile, and not so hard to be imposed on.

If they are prepossessed with an error, then the work is done to hand; ’tis but proposing, and ’tis presently resolved. If they are prepossessed with their true Interest, if the contrary be not of necessary to the design of the Senate, it may lie still till better leasure; but if it be of absolute necessity, I hope it will be held fit that this be introduced at once, and not committed to chance, to be wrought out by little and little, according to the sense of the people The Senate may easily Edition: current; Page: [7-540a] over-reach them, in an error wherein they are prepared for them, this might be remedyed by a full and free debate, if it be capable of remedy; if they be prepossessed of their right, which is not with the pleasure of the Senate to suffer, though its contrary be not of absolute necessity; they can over-reach them here, by delay, and not proposing it; or it may be circumvent them some way unseen: What is of absolute necessity for the Senates turn, is cared for before by the sole Legislator, so that we shall not stirre their humours about that; and how many other things will fall under the consideration of the Senate, and under the Ballot of the popular Assembly, wherein they shall be so farre from being prepossessed, that it may be the major part of the great Assembly shall be wholly strangers to them; and how easily to be over-reached in these, by following those Stags of the largest heads, I cannot but muse now and then. And this I observe, That men generally are more apt to mistake the common Interest, then to understand it rightly; and are commonly more stiffe and inflexible in their errors that they suck in by Tradition; then assured and confident of some Truths they hold, which yet are of easie demonstration; and will yield no small advantage against them. All which are cogent reasons with me, that the Counsell wherein the Interest of the Common-wealth consists, ought not to be without debate. Upon which considerations, if it be possible to constitute such a Counsell as may enough make good the Interest of the people, and yet preserve its own eye-sight; (not knowing why one, and the greatest Counsell should wink, while the other takes aim;) I say, if there can be such an one, as may preserve the benefit of debating, and arguing among themselves in a way of prudence, and preserve the Peoples Interest too; hereby those inconveniences will be taken off, that must needs arise from two distinct Bodies: If then the House of Commons were sufficient for the light of Mankinde, and the Interest of Mankinde; when there was the light and Interest of a particular party uppermost, to grapple with; when yet by the swarms of petty Burgesses the Interest of that House was made as much as possible for the Court; and if they would have betrayed the people, or could have been separate from the Interest of the people, they might have had what recompense they could hope for; have yet made good the Interest of the people with advantage against all opposition. What reason is there then, when the stream that drove so hard to turn their Mill, but could not, is diverted; that, when there remain no temptation: at all upon them, to desert the Common Interest, that any one should fancy they would turn Cat in the Pole. Why should any think they would make good our Interest, when as things went then, one would rather have thought they durst not do, what they did: And yet now when they shall hardly dare to doe otherwise then make good our Interest; and nothing in the way to Edition: current; Page: [7-540b] terrifie them for doing it, and it shall be their own Interest so to do, and when they shall be so equally distributed, as to take in the whole Interest of the Nation alike; that now they should desert the Common Interest, and must now be as inconsiderable number, and not sufficient to maintain it; is to me such a fond imagination, as I have hardly patience to repeat it.

Well, notwithstanding Mr. Harrington voucheth these two Councils of Legislators, and warrants them sound wind and limb, I dare not take them upon his word, for I expect a halt; that the great Council would fall to debating; and then, saith he, ruine is, consequent; and if the Prerogative Tribe be fallen, and will not jog on, the Senate must not only Propound but Resolve too, with Carthage and Venice: And then as Mr. Harrington saith, If she that divides must choose too, it had been little worse for the other, in case she had not divided it all, but kept the whole Cake to her self, in regard that being to choose, she divided accordingly. Wherefore if the Senate have any more power then to divide, the Common-wealth can never be equall. The Reader will observe what hath been said, even against Mr. Harringtons Senate, the most rationall that hath been proposed: If any other that I have met withall, should be examined, they would appear an hundred fold worse then this, admitting such absurdities, and Slavery as would make one mad to think of them: I have done. But must give my suffrage for a single Council, that thing called in England formerly the House of Commons; ’tis that our Nation is well acquainted with, and extreamly jealous least it should be robbed of; and is without conception the best Government in the World being disburthened of the King and Lords; and doth not want a way to help it self in any thing wherein a Senate is of good use, making choice of Committee for this purpose, who* can with more judgemant finde out those men that are the light of Mankinde, then the rude Multitude, whose choice I condein would put little difference between the wisdome of the Senators, and many of those they returned for the Great Council; which Committees (for all what my Lord Archon hath said to the contrary) are capable of such Reformations, as shall render them every manner of way as usefull as a Senate; and yet not be obnoxious to its Exceptions. And as to matter of Faction it holds no water; or if it doe, the remedy is worse then the disease; and would encrease the Malady. Wherefore upon the whole there remains but one important Objection, which I consesse I cannot object that my Lord Archon hath Knockt the nail on the head;

That a single Assembly is like a Game at Football.

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And truely it is not fit we should all be fellowes: And therefore some who think themselves, more Honourable, more Wise, or more Religious then the rest; I wonder not, they think much to stand and be [Editor: illegible word]; else I think few know why they promote it unlesse to shew their Reading, or others, as Mr. Rogers conceives, that the Nation may be put into the fitter method for a Single Person: Such an Assembly as I have spoken of being frequently chosen, I suppose will with most reason doe the Nation right: wherein I think it may suffice that the people preserve their Right of frequent election; without any necessity that all of the former Parliament, be debarred of sitting in the next following. For if any man or men, have so well deserved of his Countrey as to be more then ordinarily serviceable for their good, I do not know why they should be disabled to shew their thankfulnesse, by choosing them again if they think fit. In this I agree with Mr. Rogers, though I understand not what Oligarchy he would have; wherein he is as dark, as if he were all Hebrew; at which one might venture divers Interpretations. Mr. Harrington ruleth me where he saith, Give us good Lawes, good Orders, and they shall make us good men. Good Orders are the very foundation of Government; and then give us as good men as you can with respect had to those Lawes and Orders: As good men as you can, but by no means break Orders to pick and choose. They that would set up a scripture Government, or the Kingdome of Christ in England, by overthrowing our natural Birthrights, are mightily to be pitied, but little to be trusted: ’Tis dangerous trusting good men too farre, they may seem good to day, and prove bad to morrow: We have seen sad instances of trusting good men. Who would have thought old Oliver had not had the spirit of the cause, and that he would not have cariyed on the Refined Interest: But alas! alas! how shall we know the men that will continue faithfull. And if any think or say with Peter to Christ, Though all forsake thee, yet will not we: they know not how soon their faith may fail them, and may do well to remember, that High-places are slippery, places, and doe endanger Back-sliding; who unlesse they have given over to pray—lead us not into temptation, would be very fearfull of falling into this snare. The best men prove bad Legislators, if trusted with, and continued in Arbitrary power: And this is one evil I have seen under the Sun; we call that good which is most like us, of our own party, or faction, and humour: but whoever are truly good will be best pleased to be prescribed by Rules, which may keep them within compasse, if they should fall into an hour of temptation, that though their Grace should faile, yet our Faith should not faile, while we know, that though they would, yet they cannot hurt us.

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I have done what I designed, only have transgressed my intended bounds and limits; I hold it no good manners to venture too far, to offer my thoughts about government, knowing very well those whom it concerns to Settle us, understand their Businesse better then I can teach them; and verily if some had not been overbusie in Print, I had kept all this in my breast, and not disturbed the publique with it; let this provocation plead my excuse. Only by the way, I do a little wonder at some who are so purely popular, that they are angry at a Council of State, for fear of usurpation, but ’tis like they fear where no fear is.

I had made it my request to the Parliament (which I believe they would have well received) to state us such qualifications for Members to be chosen into the next Representative, as we might have ventured our all with them; wherein I had delivered my opinion against admitting any of the late Kings party, without fearing to fix them in opposition against us, being already fixed in such bitter opposition against a Common-wealth, that they would not believe the benefit of it, though they did a little feel it, much lesse would they believe it at the first; but should all manner of men be promiscuously admitted into the next Parliament, many would be brought in, who when they were there would undoubtedly conclude, we had wonderfully beguiled them, and had put out their eyes that they should grinde in our mill, and would be confident, we called them in only to make sport: wherefore they would not fail to lay their hands upon the pillar of the Common-wealth, and bow themselves with all their might, if possible, to pull the House upon our heads, though they themselves were ruined by the fall.

Some other things I had humbly proposed to them in reference to the next Representative, tending to the security of the Government, of the good Cause we have been contending for, and Liberty of Conscience: all which I doubt not, but they would have put in practice, or have taken better care for all: and then when this Representative had found the want of a Senate, I should have submitted my judgement to theirs, who I doubt not would have had every jot as much foresight as the People of Venice, and if they had found the want, would have called for the remedy, without the help of a LORD SOLE LEGISLATOR.

I have done, and was indeed since this unluckie change, resolved wholly to omit this Argument of a Senate, which was sent to the Presse a week since, the whole being intended for the Parliament, who are since perfidiously forced, judging it little boot to plead for this or that way of a Common-wealth, when we are like to go without this or that either, and be ruled by meer will and pleasure; but observing some endevours for this Senate, and Popular assembly, by Edition: current; Page: [7-542a] HOOK on by CROOKE who think that LAMBERT shall deserve, 20000 l. per annum during his life to settle it: I am overruled to publish my Exceptions against it, and submit them to censure; however, expect not what I propound should be Setled by such Juglers, who but yesterday cryed Hosanna to the Supreme Authority, the Parliament, and now nothing will serve but, away with them, away with them, let them be crucified.

I had prepared (besides my Addresse to the Parliament) to close my Discourse with Addresses to the Episcopal, Presbyterian, Independent, Baptized, Protectorians, Army, and the whole body of the Nation; quieting them towards a submission to the Supremacy of Parliaments, chiding them heartily, and severally, as I saw occasion. But now the Army becoming the sole Masters of Reason, I dare make no Addresses but to themselves, wherein yet I shall hardly flatter them, as most of themselves did the Late Protector, and betrayed him with a kisse.

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TO THE ARMY THE Supreme Authority OF ENGLAND:

High and Mighty Masters,

IT hath been in every bodies mouth, The Parliament were your drudges, that you were twice or thrice about to discard them since they sat last: No doubt, they spake it most of them as they would have it. Well, you have broken this Parliament, yea, you have broken your selves and us too, yea have turned all topsie turvie. Tis true of you, These are they that have turned the World upside downe: you have made England, Scotland, Ireland a Chaos, without form and void, and I doubt your Omnipotency will never speak the word for such a creation, as any honest man shall say when he hath looked upon it, that it is very good: You may pardon me since you have put all out of Order, if you have disordered my thoughts, so that I observe no method, when all is without any method among us. I tell you, this action is the most faithless, senseless, bootless, ruinous action that ever appeared upon the Stage Edition: current; Page: [7-543a] of the world: the most false hearted and traiterous: the most ridiculous and insignificant: the most rash and fruitless, the most dangerous and destructive adventure that ever men took in hand, on my soul [Editor: illegible word] not thou into their secrets! nor let any honest man say a [Editor: illegible word] [Editor: illegible word] with theirs say a [Editor: illegible word] [Editor: illegible word] with theirs; let them associate themselves, they shall be broken to pieces, God will finde them out in due time. I beseech you what do you mean, are ye Christians and yet will not be men? to passe by all former Obligations: did you not the other day bewail your Apostasie, that you had wandred from your GOOD OLD CAUSE? did you not tell us, You took shame to your selves, and remembred from whence you were fallen, and repented, and would do your first workes; and therefore finding that God blessed you all along till you forced the Long Parliament, but after that, made you labour at in the fire, and no good came of all your after actions; therefore you assured them, that now they should sit freely, and you would strengthen their hands and be their servants. Is not all this truth in these very words, or to this effect, and much more if I had leisure to repeat; but it is fresh in every bodies mouths and mindes, though you have forgot it: and are you not past shame now: must we bewail your Apostasie now, as fearing since you are fallen away after being enlightened, it will be hard to restore you again by repentance; especially since ye have tasted of the powers of this world.

But besides this, did you not every Mothers childe of you Officers, did you not take your Commissions from the Parliament, and one by one promise your obedience: Yes, that most faithful and gifted Brother, Collonel Packer, promised when he received his Commission at Mr. Speakers hands, That, he would not only promise them to be faithful and obedient, but they should see by his actions that he would be a true servant to them and the Common-wealth. Yea Lambert himself was the greatest stickler for the Parliament (God forgive him, for what ends I know not.) and yet these men Act like as they had given the Parliament Commissions, and turn them out, whom they just now promised so seriously to obey: a Turk, a Heathen would have scorned this falshood, and baseness: What not be faithful to our trust! O faithlesse and perverse generation!

And to this, that flattering and insinuating Petition and Representation but the other day, wherein they so sadly bemoan themselves that the Parliament should so sharpely rebuke their humble servants, their faithful servants, that meant nothing but to Petition in a peaceable manner; where they artificially conceal their intentions for a General, only desire that Fleetwoods Commission may be renewed: other things they Petition for (we understand what your Petitioning signifies) some to insinuate into the favour of the Militia; others to secure the Government of the Nation in the hands of the Officers of the Army; it is so Edition: current; Page: [7-543b] in the effect; and then most Saint-like, promise all to be well-meaning men, to be Servants to the Parliament; and the most sweet expressions imaginable. But we have tryed them that say, they are Saints, they are the faithfull Servants of the Common-wealth, but are not; and have found them Lyars. Who, Lambert put the Northern Brigade to petition for a Generall? no such matter, he persuaded them (good men) all he could against it; yes, I’le warrant you: And yet the Fift Monarchy-men, (the Mad ones of them) think now Christs Kingdome goes on amain, and flock down in Shoals to Wallingford-house, to make way for Christe coming, who may be coming for ought that I know, as he saith, — when the Son of Man comes shall he finde faith upon the earth? Upon my word, these were fit to live and reign with Christ a thousand years, who cannot keep Faith an hundred dayes. Let me say with the Psalmist, Help Lord, for the Godly man ceaseth, for the faithfull fail among the Children of men; they speak vanity every one with his neighbour; with flattering lips, and with a double heart do they speak.

’Tis a most senselesse, ridiculous, and insignificant action; you pleasure your Enemies; and make your selves and us, the whole Nation, a scorn, a derision, and a Proverb in the earth. In the beginning of this book I have been dealing with a Malignant Impostor, whose whole businesse was nothing else but to make you break the Parliament to serve his designs; for I tell you, they fear their Wisdome, more then your power. Are the Cavaliers your friends? are ye bewitched to believe them, and to slight your old true friends; I thought I had not needed to say much in the beginning of the Book to answer that treacherous Cavalier; I thought it was enough to tell you whose was the plot, to perswade you to break the Parliament; But before I could bring my Book to light, ye are cheated into a belief of his Imposture. Ah me! are ye not proud of your wisdome? Whose is this Invention? who put you upon this exploit? Oh sad! will you please your enemies, and grieve your friends. Know him or them that put you upon this grosse piece of folly, and avoid them. We that put you upon calling back this Parliament, and encouraged you in the day of your straights, and told every body we met, how honest the Army would be, now they understood themselves; that they would stand by the Parliament, while they did settle the Nation upon the foundations of righteousnesse and truth: we, even we, are laughed to scorn; and I must speak to you in the words of Joah: Ye have shamed this day the faces of all your servants, that have saved your lives, (that have saved your credits, which should be as dear as life, and that have appeared for you in the day of your distresse) in that you love your Enemies, and hate your friends; for you have declared this day, that you regard neither Princes nor Servants; for this day I perceive that it pleaseth you well, though all we dye, so Absolom live. We know Edition: current; Page: [7-544a] not how to look any body in the face; though we thought we had done well when we appeared for you, against your enemies. But every one of us got away by stealth, as people that are ashamed steal away when they flee in Battell; — Not only so, but you have made your selves the most absolute Changelings in the world; It is a Proverb beyond Seas, to expresse any uncertainty thus, — As certain as England.

Our Agent Lockhart is laughed at, when he comes to treat with the Spanish Favourite: what a peace with you! who are your Masters? you have as many Masters as Moods: God make peace among your selves, and then talk of peace with us.

Ambassadors here in England know not who to make their Addresses to; and have said, What shall we treat? we know not who to trust to: You will have new Masters within this Six Weeks, and then we must begin again. This is greatly for your honour; ’tis your interposing hath begot all these changes; still as we have been setling you have broken us to pieces, this is all your wit, you mend the matters wisely; if we will have any Government to hold, better heads then yours must consult it. I am loth to think ’tis your design to unsettle us; if it be, God help your heads, you will feel the smart of it in time, as well as we; you are good Souldiers, but bad Statesmen, professing your selves wise ye are become fools: Be not wise over-much, nor take too much upon you; ye have mistarryed over and over; will you be doing again? I dread the consequence of this hair-brain’d Action; and there are such fools in the World, though they should be brayed in a Mortar, yet their folly will not depart.

Well, but the Parliament must out; why, what evill have they done? for which of all their good works do you stone them? Have they not gone through good report and evil report for the good of the Nation? Was not their hand in all that was done for the asserting the Nations Birth-rights? and were they not carefully providing for us when you first turned them out; it was an abuse put upon them by those that turned them out, to say, They intended to perpetuate themselves, that so they* might Colour their Usurpation and Tyranny. Out of your own mouths I judge you, you evil servants; remember your Declaration, wherein you bewayled your Apostasie. Did they not return to their duties again, to serve the publike if possible, and forget all your former abuses? And did they not set themselves seriously to work for the Nations welfare? and did they not doe as much as men could doe, that found things in so much distraction, to reduce us to better Orders? Yea verily, they did as much as mortall men could doe. Yea, did they not discountenance some men more then there was absolute necessary of, to give you content? yea, did they not get you a whole Years Taxe to be paid in Three Moneths, and a Three Moneths Tax more to be paid in Three Weeks, and all to keep fair with you; and to pay you Edition: current; Page: [7-544b] your due? Did they not prepare an Act for one hundred thousand pounds per mensem to be immediately levyed for you; and Ordered to sell every thing almost to pay you your Arrears? and thereby drew an odium upon themselves, more then ever any other Parliament would do since you first turned them out: And yet though men grumbled at these Charges, yet generally hoped the Parliament would make them amends by doing good things for them. Yea, did not the Parliament give them new Commissions, whom the Protector had cashiered, without respect of persons, if they were judged Faithfull; as Lambert his own self, though a worthy Member of Parliament gave good reason to the contray; all without respect to their opinions; dealing their respects without partiality, hoping hereby to oblige their affections; yea did they not encourage all that did the Nation service, and share their Rewards without distinction to all that deserved it; to Buckingfield and Creed, who deserve a thousand times more the reward of a Rope for their late Treason, then a Chain of Gold for their Christian Service: Oh ungratefull unthankfull Monsters of Mankinde! could it be believed, so much disingenuity should be harboured in English breasts? Nay, I pray heartily, had you any reason to mistrust the Parliament? no more then I have to mistrust my own heart: Have they not been embarqued all along in the same common cause with us? is it not as much their Interest as yours to consult the security of the Nation, and all that have been the Parliaments Friends? Yea, is not their life bound up in your life? They could not design to ruine the Army, but they must ruine themselves: You were and are as necessary by your Forces to defend us, as their Counsell to give forth such Orders as may make us happy being so defended; and enable us to maintain you as our Guards: When as through want of good advice, if the Common-wealth sink, (as undoubtedly it must without better Counsellors) ye may go and defend Jamaica; here will be no use of you. Certainly the Parliament cannot be without you, he is besides himself that thinks they can; they could no more settle a Commonwealth without your Arms, then you can without their Heads; neither could they secure themselves, but they must secure you; nor make any Lawes that should be bad for you, but they must be bad for themselves; which every body thinks they would be as carefull in as they could, and no body doubts but they could consult it as well as any company of men that ever were in England: Yea, and say, I said so. You must call them back again if ever you make any work of it against the Norman Race.

Goe your way then, think upon it: What have you done? certainly, the most barbarous, savage, and inhumane action that ever was done; it seems, you neither fear God, nor reverence man; the most brutish, childish, wilfull, headlong, giddy Undertaking that ever was put in practice. And We, aye woe indeed to the Nation whose Edition: current; Page: [7-545a] Prince is a Childe: And no lesse we to that Common-wealth whose Rulers are Children. Yet more, ’tis the most bootles rash and fruitlesse Enterprise that ever was introduced by men that would pretend to a design: Good now, what benefit did you propound to your selves, or the State? Do you propound an end of your actions? do you not think before hand, what you shall speak or doe? But doe you in that very same hour whatever is upon your Spirits? I doubt, if you have not thought of it before hand, it will hardly be given you so suddenly how to answer me aright; What, do you overturn, overturn, overturn; and take no care for the Nation, nor your selves; what we shall eat, or whether we shall drink; or whether we shall have any clothes to our backs? Is this Heathenish? Sure our Lord never taught you this Lesson, to understand him after this rate: Do you say to us, Be filled, be warmed, be clothed? Will this do the work? Do you design the benefit of the Nation, by disturbing our Settlement, by obstructing our Trade, by beggering the Nation, by undoing every thing as fast as it is done, by breaking our Parliaments, by setting the Sword above our ancient Birth-rights? is this your Providence for us? Gramercy Horse.

But stay, what did you get by breaking this Parliament before? but subject your selves to the pleasure of your Generall, who turned —— out all he pleased, that would not be his Janisaries.: And after Six years were forced to call them back again with shame enough. And now you have broken them again, what will you be gainers? Whoever gets the power, and not by right, will make us Slaves, and you too; insinuations and fair pretenses must be used to Trepas you or first; but they that are faithfull among you will be known, and weeded out, as soon as the businesse is effected; honest men may be instrumentall to set up a Tyrant, but are not fit instruments to keep them up; nay, honest men shall be so sure to be rooted out, that it is among their Politicks, to remove all that have been the Instruments of their Advancement, least they should presume that their good Services had for ever obliged their Master, or Masters, and so should not be so wholly at their devotion as others that they should gratifie with their places; who were more bound to deserve that, which they received without any merit. Are the pretenses fairer now then before? No, there is not half that pretense that was on old Olivers side. Can you not see through them; No single Person, no by no meanes; we abominate the thoughts of that: What then? No body knowes, unlesse something that is a thousand times worse, Three, Ten, Thirty, or it may be Seventy Tyrants for a while, till some one can get above the rest. The Second Generall Officer is an unlucky place; it was Lieutenant Generall Cromwell once, and then he was a Saint, a precious Saint, could preach, and pray, and promise strange matters; then Edition: current; Page: [7-545b] it was — Is thy servant a dog, that he should do so and so: what be Protector, be King, rule by my meer will, no by Gods grace I will never do it.

Put case Fleetwood will not act as General, not grant Commissions to them that have none, them the Parliament Voted out, and those that shall be brought into the place of those honest Commanders that did their part for the Parliament, the salt of the Army, who being put out (as certainly that will be their fare, if the weather clear towards the North) the Army will stinck in the noses of all Europe. I say, if Fleetwood will not, I hope somebody else will; what’s next then, why not a King? one King, or another King, and then what is the benefit, Richard Lord Protector is laid aside, and King JOHN the Second comes up in his place: At first it may be a Senate, but then something for the honour of England, a Duke of Venice Elective; Election will do the work to get into the Throne, but when once up, it must be theirs and their heirs for ever, if it be not made hereditary, I’le warrant you they know whom to nominate their Successor, for it will not be prudence to leave that matter undetermined and go out of the world, least these Disciples should fall together by the ears about this question, who should be greatest. If you will not believe your own experience, who can help it; I hope by this time your Commander in chief may make bold to put in and pull out who he please; out with an Overton, a Rich, a Harrison, and in with my Son Falconbridge, my Cozen Lockhart, and the rest of his well affected hundred: and I shall not pity you a jot.

But if it should hap to Lamberts chance to be Dominus fac totum, I hope those thorough paced Protectorians who laughed so heartily when his Lordship was turned out of service by the Old Protector, some of whom told me, when I complained of my Lord Protectors carriage to him, that it was no matter, never was any man lesse pityed, or lamented after, he was all for himself, he hoped to be next Protector, and because nominating the Successor was agreed of; therefore he was discontented. I say certainly these men will now be contented to yeeld their places to men that were better affected, and are the more endeared friends of his Lordship: hitherto then, you have notably well projected for your selves, ye are shrewd Politicians. What then shall you Govern the Nation your selves, a great purchase, a burden to any honest man, more then a benefit: how many of you are like to share in this if that were true? two or three of your Grandees, and theres your design; no you hate the thought of this, we mistake the matter, and do you a great deal of wrong to suspect this. What then you shall be better paid: that’s well guessed in good sooth, how will you have it? Why one way or other, Edition: current; Page: [7-546a] any how rather then said, we will have it by foul means, if it will not come fairly: no no, you abuse us, nothing shall be gathered, but what is levyed by the people in Parliaments; so far you are right, and if ever you see a Parliament in England that will take so much care of you as this Parliament hath taken, and was a taking for you, that will raise you 120000 l. per mensem, or 100000 l. per mensem, as they have done for you, if you could have kept your selves honest: then spit in my face, and tell me I lie. No, tis this Parliament that must hazard their Reputations to pay your Arrears, and the Debts of the Nation, and then future Parliaments may be more easily perswaded to grant such a Tax as may keep us alwayes out of your Debt. What then, hath the Parliament Voted 9 of your Commanders out of their places: doth this anger you, and is this the bottom of the business, and is this all your design to be avenged of them, and the Nation for it? goodly great ones! What are these mens trow that their particular concernments to be kept in Pay and Command, should stand in competition with the Ruine of Three Nations, a huge reach indeed: But pray, was it without good reason? could the Parliament do lesse? had not some of them promoted a General being of the Northern Brigade; notwithstanding after the Parliaments dislike of it, and after the Petition and Representation of the Army was presented and debated in the House, which though it did not expresly require a GENERAL, yet did strongly imply it, and reqiured some things of whose consequence.

I say, after this, these 9 Grandees combined together in a Letter signed by them all, to engage the subscriptions of a Regiment thereunto, which was produced in Parliament, and could have no other construction, but of the Parliament would not grant their commands, they should be made to do it: which deserved a greater severity then being put out of their places? The like practice they also set on foot in divers other Regiments.

If this became faithful servants, I wonder who are Masters; but for the honesty of the matter, they thus combined to effect, to instance only in one particular, No Officer must be displaced but by a councill of Officers. What is the mystery of this iniquity? why all must turn out that will be faithful to the interest of the Nation, and the trust reposed in them, they would pack their Officers to their own mindes and shuffle and turn both: verily then, if they should Petition in a peaceable may (as they call it) a priveledge not to be debarred the meanest Englishmen and wonder what Suprems Authority durst say them Nay: this is a thousand times worse providence, then to grant them a General, and to give him power to place and displace at pleasure; worse providence for the Nation I am sure: we might possibly finde one honest man in England whom we might trust, if it could not Edition: current; Page: [7-546b] otherwise be avoided, but how to make a whole Councel of Officers honest; most of whom have sprouted up from no very generans principles, this is next of kin to an impossibility. What a Corporation of the Army! what the Army the Representative of England? Must your General (as of late) be the Archon, or Sole Legislator; your Councel of Officers our Senate, and your small Officers the people of England; out upon it, this is too bad in all conscience: why not a Corporation of the Navie too? as much reason every jot. What, the Supreme Authority of England, that pay you your wages, that can put in and out at their pleasure (and it is reason they should) the Lords Keepers of the Great Seal: the Judges of the Lord: the greatest Officers of State: yea and besides whom none can give you Commissions: but they are Rogues, and Robbers, as bad as any High-way-men, and worse, who take upon them to act and have no Commission from there; it is the case of some among you.

Tis a Combination and a Conspiracy among you to make a GENERAL, and give him Commission, and then he to give you Commissions, or to set up any number of men as Supreme: (but such as the good people of the Land chuse) and then to take Commissions from them: this is Idolatry, to fall down and worship the work of your own hands, and to cry aha! we are warmed, aha! we are warmed. What not the Supreme Authority be able to remove a Lieutenant, an Ensigne, a Serjeant, a Cororal! But by your leave most Omnipotent Councel of Officers, ’tis true, it is dangerous trusting a General with this Power, he may turn all to his own Interest, which most commonly accords but little with that of the Nation, you have had wonderful experience of this already; but the Parliament, whose interest is the interest of the Nation, and can be no other; that their noses should come under the girdle of an Army, Oh sad contrivance!

What was it the Good Old Cause that the Parliament must have the Militia, and not the King; was it then reason they should command the Sword, who carryed the Purse, and carried the Interest of the Nation among them? and poor King must he suffer death for standing upon his terms with them: And now when the Parliament is by Your selves declared The Supreme Authority of England, now they must touch none of your anointed now they must not so much as remove one single Officer of your Army, but through the mediation of your grace and favour: could the Parliament say Amen to this part of your Petition and Representation, and not betray the Nation and their trust, and make themselves the scorne and hatred of the Nation, and future Parliaments? Yea, could they understand this private Combination, to force this unreasonable desire, and proceed with lesse tokens of their displeasure, and not give the Nation a jealousie that they would Edition: current; Page: [7-547a] betray them; And is this the reason why you hugge these 9 Powder-plotters, to effect this most horrid, hellish mischief. I can imagine nothing so like the truth of the Design, if there be any design in it as this; well should this be effected for you, that you should give Law to England, pray what will be the design of it? to what end I pray? to bewray your deep insight into the affairs of State? To gain your selves Honour and Renown for your rare Conduct of the State; no I fear shame would be your promotion; you would have little better successe then you have had; you may joult your Jobernouls together long enough, before you can hammer out a Settlement for us; no body thinks that saying true of you, I am wiser then all my Teachers: Where will be the Design, if when you have run your selves our of Winde, and out of your Wits too, you shall be reduced to the like exigency as of late, and be forced to bewayl your Blindenesse and Apostasie again; I say, what is become of the Design then?

And it is not in reason to foresee how you can manage the Chariot of the State long, but all must run into disorder; your Sin, yea and your Undertaking will be a burden, a punishment greater then you can bear: Very considerate men think you can hardly carry it a Month. Oh shallow, oh incogitant, oh pitifull, oh foolish Army! who hath bewitched you? you did run well, who hindred you? will you now altogether run in vain? will you lose the things you have wrought? will you sell the righteous for nought? Our Lawes, Liberties, our Good Old Cause for lesse then a pair of Shooes? Will you harm us, and do your selves no good? Oh peevish! oh wilfull! Are ye Children? are ye Fools? are ye mad? Do you discover your Gallantry by grapling with Impossibilities? For shame men, for shame give over. Oh but you mistake us all this while, our Design is, To carry on the Refined Interest, the Spirit of the Cause.

Good! good! is this the businesse? what is this new thing nothing, you now make sport withall, a Refined Interest; the spirit of the cause; hard words, what is the English on’t: I wonder, whether Sir Henry Vane hath opened these abstruse terms to your understanding; you apprehend things more nimbly then it seems, then honest old English-spirited Sir Arthur Haslerigge, that most highly deserving Patriot; I think it will be hard to understand the thing you drive at, by the terms you dresse it in; you will teach us to speak English after a new cut; certainly such an Interest, was never till now phrased a Refined one. The Refined Interest, saith Mr. Harrington is that which carries so much reason in it, and so much the Interest of the Nation, that it being once understood, and we in possession of it; needs not a Mercenary Army to keep it up: Is your Interest refined in this notion you so much blesse your selves in? what course will you take for Edition: current; Page: [7-547b] the carrying on the spirit of the cause, the Refined Interest? what will you preserve our choice inviolable? shall that power rule us, and you, that we choose so to doe? No, this would hazard the Refined Interest Ile warrant you. What then, shall all the old Friends of the Parliament, that are no more Turn-coats then your selves; and have served the State as well as your selves, shall these in every Country, City, and considerable Burrough, choose their Trustees for the Supreme Authority? No, there hath been a great Apostasie and Back-sliding; honest men shall be chosen, who are true to the Cause; who are fit to be Kings and Priests, and to reign for ever and ever; such as have the Spirit, and these will know what Israel ought to doe; and will make good Lawes: and Statutes, and execute judgement in the Gate; these will hate the Whore and burn her fleshe with fire: Is this the Refined Interest? what such another Gimcrack, as that little Mungrell thing that Voted it self a Parliament; any thing in the world that will keep our Faction in heart; that will carry on our design, this is the Refined Interest; whether it be honest, or whether it be iust, it matters not: many men extoll that Junto to this day, though the very Constitution of it stinketh in the Nostrils of every considerate man; as tending utterly to cheat us of our Choice.

And what do not men magnifie now adayes, that will but say as they say? Beshrew that Christian Policy that would ride over our Rights and Priviledges, under Pretense of a Refined Interest. Those that will forget to be Men, will not long remember to be Christiant.

They that will dash the Second Table of the Law to pieces, will hardly keep the first Table as they ought.

Will you rob us of our Rights, and kill us by Famine and decay of Trade? Surely we must all be Souldiers ere long, and then we shall get a Vote among you.

Will ye kill? will you steal, and say, Ye are delivered to work all these Abominations? No, you are out all this while: We will be honester then you think for; we will have Parliaments still, chosen by the people. But it cannot be safe for the Godly, unlesse we choose a Select number of faithfull men; Faithfull to the GOOD OLD CAUSE, that shall be a Check to the Parliament, an Influencing Senate, as Mr. Stubs hath it; who hath written a Book on purpose to prove Sir Henry Vane no Jesuite.

Sure Mr. Stubs did not finde this in Mr. Harringtons Modell, which he admires as if it were a Pattern out of the Mount. No certainly Mr. Harrington hath more Wisdome and more Honesty: His Senate is only to give light; he doth not propound a Senate Edition: current; Page: [7-548a] to be the Interest of the Common-wealth; to secure the Honest party; nor yet an Influencing Senate to be chosen by a few men, that call themselves the Godly party: But to be chosen by the People as the other House. These two Senates are as contrary as White to Black.

And if Mr. Harringtons Modell came out of the Mount, I wonder from whence, from what Manuscript this Library-keepers Noddle did bring one his. If there must be a Senate, surely none better, certainly none can be honest, and just, but that which the People choose, as Mr. Harrington saith. Pray why should the Army choose? Are there not as Honest men as themselves in every part of the Nation? What, I’l warrant, the major part is the worses part, therefore they must not be trusted, But the Council of Officers.

I wonder indeed, how the major part of the Council of Officers, can take themselves to be honest; who first Declared against.

A Single Person: Then vouted the Parliament: Then set up a Mock-Parliament; then pulled it down: Then made their Generall Protector for life; then made him to beget a Protector: Then broke this Government: Then suffered the Parliament to sit again: Now have broke them again. What comes next? That which they will break again ere long. One can hardly give a worse Character of Men: Meddle not with them that are given to Change.

And must these choose us an Influencing Senate? It is like to be well done; Well, and when all is done, carry on your Refined Interest as well as you can, your Mock-Parliament, or Seventy Elders would never agree; some would see further into Milstones then others, and had a more Glorious Cause to carry on then the rest; and then this would be the Refined Interest; there would be no end, till we fall all to Errant Popery: Yea, your Senate and your Parliament would agree like Cats and Dogs, they would never unite; where then is your Design?

Have you no Guts in your Brains? Why do you rage, and imagine a vain thing? As sure as you live, nothing but honest and righteous things will be a Foundation for us to bottome upon; if we mean Edition: current; Page: [7-548b] to stand against the windes and waves that are like to beat against our House.

He is no Designer now, that will not be Honest: Nothing but Honesty, and a publick heart can carry us with credit and safety through these Discriminating times. Never were such dayes of Triall in England: They may go to School again that have Machiavil by heart; there hath been and is another Game going in England, then these Gamesters are aware of. He must have been purely honest, and not much pre-possessed, that hath not gravelled himself in these last twenty years. Ye have many Flatterers, but few reall Friends.

Glad my heart, and do Righteous things, you that are Honest: Ye cannot wipe your mouth, and say, what evill have we done now? Ye cannot have such a Face of Brasse; such a Whores Forehead: Repent, repent: Deny us not our just Rights; let Righteousnesse take place: So shall you repair the Breach you have made upon us; so shall we be established; for God establisheth the Just. And let us by no means talk deceitfully for God.

To say no more, it is the most ruinous, the most dangerous and destructive action that ever was taken to task. Parliament broken, the Nation unsetled, Friends discontented, no body but blames you, Lawes and Liberties, all a going; the Sword Rampant, the Nation undone, your Enemies more numerous and mighty; the Common Interest of the Nation in jeopardy; your GOOD OLD CAUSE at stake; nay, your own Throats ready to be cut; as if you were going like an Oxe to the Slaughter, or a Fool to the correction of the Stocks; like a Bird snared in an evil Net, like a Bird that hasteth to the net, and knoweth not that it is for his life: What say Friends and Foes;

The Army would not referre the Nation unto the care of this Parliament, that were, as one should say, Flesh of their Flesh, and Bone of their Bone; surely no Parliament will ever do good upon them since this could not: If any other Parliament crosse them, then they must turn out for Malignants: With this word in their ears, What shall we be Governed by them we conquered but the other day? are there no English spirits in the Nation.

What can you expect, but a generall Revolt of the People? and that all the Nation should be in Bloud: Surely it is as good Edition: current; Page: [7-549a] for us to die as to live the Slaves of our Servants, most of whom our purses have raised from the dunghil.

Sir George Booth is an inconsiderable Traytor now; you may be ashamed to Sequester his Estate, who did but endevour to do what you have done; and had more to say for himself ten to one then you.

Every thing looks black about us at home, and abroad; Neighbours at home ready to cut our throats and yours too; at this very instant you have disobliged your friends, and yet forain Nations threaten us hard: It is in every bodies mouth, and I doubt ’tis too true, Ambassadors are coming to offer us CHARLES STUART upon Terms, if we will not, then they will bring him in by Force: if this be so, Lord have mercy upon us: here are thousands in England would rather the Turke should come in, then things should be as they are: and you have broken the hearts of your best friends, who will have small courage to assist you in keeping out our COMMON ENEMT, since when it is done, we might be sure to return to our former slavery.

France and Spain look at us untowardly, others besides would put to their helping hand to Ruine us; for all whom we should not have cared Three skips of a Louse, if you had not disturbed our SETTLEMENT, we should have been formidable to all EUROPE, yea, to the WORLD, as the Authour of that Book,

—France no friend to England—

hath put his Christian Majesty in minde of,

This is the kindness you have done for your selves and us, whereby you have made us carelesse of our own and of your safety; wherefore let me speak you in the words of Joab,

———Now therefore arise, go forth, and speak comfortable words to your Servants; for I swear by the Lord, if you go not forth, there will not tarry with thee one this night (when this night of trouble comes upon you, which hastens apace, our Sun being almost set) and this will be worse unto you then all the evill hath befallen you untill now.

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I am not humoursome, nor have I so much interest going in this Parliament as some of your selves, ten of them do not know me I am certain; if you could call another Parliament fairly, whom you could and would refer your selves unto, I should be silent, and glad that the salvation of the Nation might come that way; and so I dare say would most of that Parliament you have now shut out.

But I doubt, yea I am confident this will not be, can there be a Parliament fairly chosen, that shall so much be concerned to secure what we have been contending for hitherto, They cut off the Kings head: they Voted down Monarchy, and the House of Lords: they set up the Common-wealth; they are concerned to venture their credits to get you money: do you think they are not most concerned to keep up what they have set up: another Parliament would strain at a Gnat, and think it a Camel if they should swallow an Act for 40000 l. per mensem; these men as far as I can see, must do the drudgery, and make way for another Parliament, by putting all out of debt, and putting things into a Method for a new Election, and then things may go on hansomely; else I fear it much, we shall see no Settlement.

All things look with a sad face, the cloudes threaten us from every quarter of Heaven; the Ship of the Common-wealth is now launched out into the Ocean of Confusion, and it is greatly to be feared, the Voyage will be with hurt, and much damage not only of the Lading and Ship, but also of our lives, however the Masters of our ship have perswaded us that the Haven wherein we were was not convenient to Winter in, and have hoised sail intending to run a desperate course, and the winde now blowing softly they suppose they have obtained their purpose: but I doubt me it will not be long, ere there arise against it a tempestuous wind, an Euroclidon, which will catch the Ship, that they cannot bear up in the Winde, but must let her drive, when if they can come by the Boat, and use helps for undergirding the Ship, us well, they may strike sale, and be driven for fear of the quicksands, and to day light the Ship of the Goods, and to morrow cast overboord the Tackling of the Ship with their owne hands.

Verily now there is no small tempest to lies on us, and neither Sun nor Moon hath appeared for these many dayes, but all hopes that we shall be saved is well nigh taken away: we founded Wednesday, and found it twenty fathoms, Thursday, and found it fifteen fathoms, and in great fears we are of falling upon the Rocks, though but the other day we deemed that we drew nigh to some Edition: current; Page: [7-550a] Countrey, to some Settlement; however our Ship-men discovering a certain Creek, that they knew not what Countrey it is, minded to thrust in the Ship, but are fallen where two Seas meet, and the Ship is run aground, that it sticks fast; and great fears! there are all will be broken to pieces and all lost: those Marriners that but now managed the Ship are almost gone, but call them back by all means; you might indeed have hearkened to your friends, and not have looked from Creet (from Westminster) and so have gained this harme and losse; but put all again into their hands that are your best Guardians, they will by the blessing of God bring off the Ship safely; I dare warrant there shall be no losse of the Ship, nor of any mans life among you; Howbeit, at Paul said to the Centurian and to the Souldiers, I am confident I may say so,—Except these men abide in the Ship (for a while) ye cannot be saved.

FINIS.

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William Bray

Bray, William

c. 1660

41.

7.41 William Bray, A Plea for the Peoples Fundamentall Liberties and Parliaments (c. 1660).

Editor’s Introduction

(Placeholder: Text will be added later.)

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To the Reader.

I Have given my thoughts in answer to these ensuing 18 Questions, that so I might give some satisfaction to those doubts that may arise in the minds of divers good men, affected to their Countreys Rights, and safeties, in these times of great anxiety, dangers, and animosities, one towards another, and that truth may take place, and all may endeavour to understand one the other, by a faithful approaching to, and asserting, their Native Rights, and may not be withdrawn from them upon any pretences whatsoever; without which standing for their Rights, there can be no true ground to expect Justice, Love, and Unity. It is true, Calamities in Nations do oftentimes fall out to be best discerned, when they are desperate and most incurable; But however, though the difficultie be great, to amend a distracted Nation, yet it is all our duties to extend our endeavours to save our Countrey, and leave the success to the Almighty: and in so doing, the discharge of a good Conscience will offord great Comfort, I what soever may fall out in this uncertain and transitory Life.

W. B.

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Eighteen Questions propounded by Mr. Jeremy Ives. Questioned and Answered, by Capt. VVilliam Bray.

Question. I.

WHether a Free Parliament ought not by the Lawes and Customes of this Nation, to be chosen by the Generall Consent of the People?

Answer I.

It is one of the ancient and known general descriptions of a free PARLIAMENT, according to the Laws, and Customs of this Nation to be elected by the general and free consent of the People (who are not legally made uncapable) and when it comes to begin its Session by the Ancient Law & Right of the Parliament a PROCLAMATION ought to be made in VVestminster, That no man upon pain to loose all that he hath, shall during the PARLIAMENT in London, VVestminster, or the Suburbs weare any privy Coat of Plate, or go armed, or that Games, or other Plaies of men, women, or children, or any other Pastimes or strange news should be used during the Parliament, and the Reason thereof was, that the High Court of Parliament should not be thereby disturbed, nor the Members thereof (which are to attend the arduous and urgent business of the Commonwealth) withdrawn; And it is generally known by those whom it hath pleased God to save alive in our sad intestine warrs, That the Parliament often declared themselves to be highly affected, and displeased with the nature and manner of the late KING CHARLES his demanding of the Lord Kimbolton, and the five Members, Mr. Pim, John Hampden, Denzil Hollis, Esqrs. Sir Arthur Haslerig & Mr. Strood 5 January 1641, It was then Voted and Declared a high breach of the Edition: current; Page: [7-553b] Rights and Priviledges of Parliament, and inconsistent to the Liberty and Freedome thereof, and by a Declaration they did declare that the Kings Warlike manner therein was against the Fundamentall LIBERTIES of the People, and the RIGHTS of PARLIAMENT; And another part of Freedome in the Election of Parliaments is, That there ought to be no corrupt dealing to give money, &c: to be elected, because it was to poyson the Fountaine it self (from whom should proceed no Law contrary, but suitable to the Fundamentalls) Another principle Maxime and end why Parliaments are to be assembled, and sit freely by the Fundamentall, and righteous, Constitution of England, is to redress grievances against corrupt and unjust Judges, and great or potent oppressors who have subverted the course of Law and Government, and destroyed the Peoples ordinary Legall remedyes. And no Parliament ought to be ended whilest any Petition remaineth undiscussed, or at least to which a determinate answer is not made, as may be seen in the fourth part of the Lord Cooks Institutes, treating of the high Court of PARLIAMENT.

Question. II.

Whether a Parliament so chosen ought not to doe what they think best for the weale of the Nation that so chooseth them without the interruption of any party upon any pretence whatsoever?

Answer. II.

It is the Right of the People for their Parliament to be chosen in full Freedome, and have also a free Session (after a free Election) without interruption of any party, yet they are bound (as most Incomparable Example of Law, Justice and Right to the whole Nation, and Executive Ministers whatsoever) by the Right unalterable Rule, the Fundamentall Lawes and Liberties of the People to do impartiall Justice and Right to every party, and not to consider parties but the cause which wholly excludes an Arbitrary Power. And therefore upon full debate in full and free Parliament of the 42 Ed. 3. cap. 3. If any Statute shall be made against the Charter of our Liberties, it shall be voyd, as may be seen by the Lord Cooks Institutes, the first part, his Commentary upon Littleton, Lib. 2. cap. 4. Sest. 108. concerning which I have more fully treated in my late Plea for the Peoples good Edition: current; Page: [7-554a] Old Cause, or the Fundamentall Lawes and Libertyes of England asserted, proved and acknowledged to be our Right, before the Conquest, and by above thirty Parliaments, and by the Declarations and Convictions of Conscience or publique acknowledgements of the late King Charles, and by the Parliament and their Army in their severall and particular streights and differences, and in answer to Mr. James Harrington his CXX Politicall Aphorismes sold by Francis Smith at the Elephant and Castle neer Temple-Barr, wherein you will (as I conceive) upon your taking into consideration the Authors which I cite for my judgment) cleerly see; that Acts or Statutes of Parliament that have been against the common Lawes, (though upon glorious and specious pretences) are called illegall and mischievous Acts of Parliament, shaking the Fundamentall Law. And at a Grand Committee of the Parliament of the Commonwealth of England for the Government, Sept. 14. 1659. It was resolved that the Supreame delegated Power residing in the Peoples Trustees, is and ought to be limitted in the exercise thereof by some Fundamentalls not to be dispensed with or subjected to alteration.

Question, III.

If any shall say a free Parliament ought not to be so elected, and so impowred; I demand then how they are a free Parliament in the sense that the People of this Nation according to Law and Custome, do understand a free Parliament?

Answer, III.

I conceive I have answered this in the first and second answers; And I do further averr that a Parliament may be free in its election or originall being, and operations or exercise, and to and in the end of its Session, yet they are bounded by the Fundamentall Lawes and Liberties of the Nation, and this doth not make them ever the more unfree, because the Fundamentall Lawes doth limit the delegated power, and hinder them from doing that which is ipso iure & ipso facto Illegall in it self, viz: To destroy the Fundamentall Lawes, which is the salus populi, suprema lex, and according to all which any Statute is to be made. And therefore Parliaments I conceive will hardly give you thanks in making their Authority & power to be greater then is desireable, whereby to induce them to think they have no bounds, by which Edition: current; Page: [7-554b] Cogitation they may do Acts that may prove a snare unto them; And the people have no reason to thank you, for if there be no Fundamentalls, and a limitted Delegation in the Supreame Legislative power, they might feare some danger to themselves in their Election of their Parliamentary Conservators. But there being such Righteous Fundamentalls, and the peoples Right to have Parliaments every year, or oftner, (if need be) the people need not fear Parliaments; but have much reason to love their CONSTITUTION.

Question, IV.

If it shall be answered in the Affirmative that a free Parliament ought to be so chosen, and so impowred as aforesaid, I demand as the Nation is now influenced by Priests, Lawyers, and Cavaliers, how the end of the good People can be answered by a Parliament so elected and impowred?

Answer, IV.

Although there may be danger in the having a free Parliament, considering our late intestine, civil Warrs, and animosities, and so it doth behove those that have been faithfull in the Cause of their Country, to seek, to save and defend themselves from destruction and Violence, and our Enemies might tax us, as well as our own hearts condemne us, with carelessness, and want of common ingenuity, if we should not have respect to our just preservation, yet consider this hath been the pretence for very many years to avoyde our Rights, and it is the only way to continue perpetuall animosities, and to manifest that we trust not in the Lord our God at all. And besides, consider danger is no argument against Right. Upon this and the like suitable suggestions of yours, the people may be for ever deprived of their Fundamentall and auntient Lawes and Birthrights, as they were for a time by that Illegall mischievous Acts of Parliament, with a flattering Preamble of 11 H. 7. cap. 3. as that famous Lawyer the Lord Cook calls it in the fourth part of his Institutes. The colours (to make an Act good, or seeme good if colours only can make an Act to be so) were as specious as these which you have given; or can be made to extend unto, to justifie a force, or deny, or question Right. The said Illegal mischievous Act was pretended to be made to avoyde divers mischiefs.

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1. To the displeasure of Almighty God.

2. To the great let of the Common Law.

3. The great let of the Wealth of the Land.

Which were (I averr) as great, (or far greater) pretences as to tell us of influenced Lawyers, Priests and Cavaliers; For our Fundamental established Lawes, are so excellent and good in themselves, that no artificial Rhetorique of influenced Lawyers, Priests, or Cavaliers, (your names of distinction) or indeed any other Faction as well as they you name, could yet ever subvert them, or raze them; and there may or can be given you a very great Catalogue (in convenient season) of the force of the Law, and the visible displeasure of God and good people, in very many Generations past, against such influenced persons, when by their acquired wit and interest they have done the Nation injury, in willful acts and endeavours to subvert the publick Fundamental Lawes; And I have read Cassiodor saith, Jura publica, certissima sunt vitæ humanæ solatia; infirmorum auxilia, impiorum fræna. The Publick Laws are the most certain Comforts of humane life, they are the helps of the weak, and the Bridles of the Impious: Our Publick Fundamental Laws are the Bulwarks of our Nation in general, and of Families, and persons in particular; and if we can enjoy them, we have earthly happiness therein.

Question V.

If ever any Parliament could have answered the ends of the good people, I demand whether the last long Parliament were not once the most likely of any that went before them, or of any that can be expected to succeed them?

Answer V.

You need not publish a questioning or doubt of the ability of Parliaments to answer the ends of the good people for it doth too much tend to weaken & dissolve the peoples love, & affection to their own Right of Parliaments, & indeed the long Parliament were most likely in our late times, (for many Reasons) to answer the expectations of the good people, because of the Power invested in them by Act of Parliament, not to be dissolved unlesse by Act of Parliament, or adjourned, unless by themselves or their own Order; And further, because of those high and Edition: current; Page: [7-555b] Eminent Obligations they had upon them of their Faith and Promises, and of their Declarations, and invitations to the people in the case of the original of the Warr which hath caused much blood shed & expense of Treasure. And therefore sithence you and others had Commissions from the remainder of them (who were a declared refined party by the excellent pretences, and by power of some influenceing Officers of the Army) your expectations were so much the more liklier and neerer to be answered you in a peacable way of submission & obedience, rather then a violent way of interruption. Unlawfull and determined Violence many times Causes sad and lamentable facts against the Vertues of Justice, Temperance, Prudence and Fortitude, tending only to produce cares and feares innumerable, and only to leave place for great trouble and repentance, or the severe hand of God.

Question VI.

Notwithstanding the great hopes we had of them, Considering the good beginnings they made, and the faire opportunityes they had to perfect what they had begun, I demand whether the most Considerable of the good things they did (viz) the takeing away Kingship, and Peerage, and declaring this Nation a free State, were not rather the fruits and effects of that force, which was put upon them, when the Army garbled them, then the Votes and Results of a free Parliament?

Answer VI.

You take your opportunity to keep the Parliament of the Commonwealth of England out of their Right, supposing you are well backed by a great revolt or force. But yet you consider they made good beginnings as well as alleadge and averr that they had faire opportunities. But whether you do fairly to question whether the most considerable of the good things you cite and mention they did, were more the fruits and effects of a force of the Army then the Votes and Results of a free Parliament, I referr to the rational and unbiased, seeing no such Result did ever yet proceed from themselves; But yet by this method of yours, you acknowledge them friends to the Forcers, and you lay a ground (though I confess unwillingly by what appears) to invalid or weaken the Acts (as to any thing you declare and esteem as Edition: current; Page: [7-556a] good) because the Law of England is a great enemy to unlawful force, and violence; Maxime pacisunt contraria vis & injuria, Force and injury are contraries to peace, and it signifieth any thing that a man striketh or hurteth withal, as the Lord Cook in the first part of his Institutes his Commentaries upon Littleton. And you also by this your doubting, questioning, way, passe a censorious. Judgment upon their minds and Consciences; upon all the intrinsical considerations they moved in their publick affairs, and so you make your self and others Examples, or Presidents to devise and lay everlasting methods of private discontent or change to this or any future Parliament, upon your and their own accusations and Judgment.

Quest. VII.

VVhether the Parliament did not Act highest against the interest of the good People of this Nation when there was no force at all upon them?

Answ. VII.

No goodman, or a man of good and sincere desires, will (upon due consideration and entring into the Closet of his heart) justifie any action in the Parliament against the Interest of the good people before the force was upon them: so the good people ought not to do wrong or injustice to those whom they account evil, or worse then themselves; And it is very possible that any person or persons, who remain alive, and were in Parliament, may see their error in any thing you can justly charge; But however Generals are no method of satisfaction or conviction to any person, or charges in Law or Equity, against any person, by a Fundamental Maxime and Rule of Law, and Reason. And the force being upon them, as you confess, and the pretended ground of the force used, being publickly declared to try whether things were so yea or no; if those persons that were the cause, and principle Authors of the force had pleased; and if there declared aims and zeal had been for good people, they had time to manifest themselves by way of integrity to their pretences; But whether they did any thing legally in order thereunto, I appeal to God and the World. I forbear at present to cite particulars.

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Quest. VIII.

Whether there was not a time when the Army, and divers others, were accounted the great Assertors of their Countreye Liberties when they refused to comply with the Votes of the then Free and uninterrupted Parliament? ——— | } Col. Rainborough,
} Lieut. Col. John Lilburn,
} Capt. Bray.
} Cornet Joyce,
} Cornet Thomson,
} Mr. Richard Overton,
| } Mr. VVilliam VValwin,
| Thomas Prince, &c.

Answ. VIII.

You need not question whether there was a time or not, when the Army or others, some of whom you are pleased particularly to name, were accounted Assertors of their Countries Liberties; But you should have told particularly, in what they refused to comply with the then Free and uninterrupted Parliament; for it is a Maxime in Law, and approved Reason, Dolosus versatur in generalibus, The crafty man lodges, and busies himself in generalls, (they being vain and insignificant) And peradventure, if they or any of them did not comply, it might have appeared a dissent in such thing or things as the whole Parliament may be well satisfied in their Non-compliance. And I question not but divers of those Non-compliers, (as you call them) continue to the faithful affectionate asserting those principles, and malice it self, cannot in any lawful way, or means blemish their integrity. But if you think that it is their temper, disposition, or judgment, to refuse to comply with the Votes of a Free and uninterrupted Parliament, I believe you are much mistaken, unlesse you take them in this Legal sense, that they might be (in these times of division and Faction) in their peaceable, legal, judgment, and in Conscience, contrary to any thing that was particularly against the Fundamental Laws, Rights and Liberties of the People. And doubtless, or peradventure in the same sense they were, and have been LAWFUL NON-COMPLYERS WITH THE ARMY ALSO. But I suppose, you are deceived by your own heart, if you think to make your self a legall or warrantable Accuser in this your apt opportunity, Edition: current; Page: [7-557a] and blast them if you could, with their Non-compliance as a Crime; For if in the daies of MONARCHY an ACT of PARLIAMENT, against the Fundamental Lawes and Liberties, is VOYD, and shall be held for an ERROR, and called a MISCHIEVOUS ILLEGAL ACT, and be comptrolled by the People; COMMON-LAWS, and LIBERTIES, as I conceive I have proved before; much more may Votes which are not drawn to an Act, and which may be changed or anulled, (upon clear conviction of Conscience, and Reason, and understanding in a Parliament it self (upon revising or reminding the Fundamental Lawes and Liberties before it comes to be Enacted) be consciensciously scrupled, or not complyed with, without a blemish; but rather justified as a LAVVFUL AND COMMENDABLE NON-COMPLIANCE, both before God and man.

Quest. IX

VVhether there was not as much the hearts and spirits of all People, concurring to their interruption in 1653, as ever was to their Election?

Answ. IX.

I suppose you presume too highly, and too far to imagine that the hearts and spirits of all People did concurr to their Interruption, as ever to their Election. How can it be supposed you should know the hearts and spirits of all people in this matter? Surely you have not conversed with all People that were at the Elections. They did never tell you their judgment, and acquaint you with their hearts and spirits, if you made any such inquisition in the matter. And if your meaning by the words all the people, must be taken for the major part of the people, or the major part of the Electors, thereby you would have every man take you according to your meaning, and not your saying; But however this General Charge doth not accuse or concerne any persons with any triumph, or concurrence of hearts or Spirits in the Fact, but your own, and those that did, or you know did, concurr, it cannot reflect upon any other persons. For there were many who had been faithful in the publique Cause, who received many Edition: current; Page: [7-557b] and great injuries, and oppressions, by means of the influence and Power of the then General Crunwell, &c. yet their hearts did not concur in that violent fact in 1653, not only for that unlawful violence is not good in it self, but also because of the inevitable ill consequences thereof, they foresaw the sad ensuing evils and dangers which took effect, and had its suitable course (agreeable to the Cause) after the year 1653. And so I shall conclude this my Answer with the saying of Charron in his Book of Wisdom; Male cunst a minstrat impetus. Violence doth nothing well.

Question X.

Whether those men that last sate were not rather admitted to serve the present Exigency (as the best expedient that then could be thought on) rather then out of consciousness to their just Authority as a Free Parliament?

Answer X.

If you and others were ingaged by termes in your Commission, to he obedient to such orders and directions as should be given from the men that last sate, you had then termed this your tenth Qustion in apt words. And for their being admitted to serve a then present exigency, I could never find that it was any published end. And if it was a secret intention, only it was not a mutuall Compact, and so could not bind the publiquely invited. But by this you do inevitably and Consequentially charge them that invited the Parliament of the Commonwealth of England (into possession of their interrupted Session) with Hypocrisy, as if they did not intend what they publiquely and manifestly pretended. And that you may see your Errour, and inconsideration by Declaration of the 6th of April, 1656, divers Officers of the Army declared a Commemoration of what they had solemnly before declared not without appeales to God; And they complained therein that those which had been Enemies to that FAMOUS LONG PARLIAMENT had meetings and grew very insolent, to offer affronts and assaults to the friends thereof; That the FAMOUS ACTIONS of the Parliament were vilified and evill spoken of, And of persons dareing to speak against the Authority of PARLIAMENTS, and to call their proceedings and such as Edition: current; Page: [7-558a] acted in obedience to them illegall and unwarrantable, so that there was but a step (say they expresly) between the PUBLICK CAUSE and the FUNERALL thereof. And they bewailed their great failings and turnings aside, and desired wherein they had backslidden to take shame to themselves. The 6th. of May, after, they invited the Members of the Long Parliament from the year 1648, that continued sitting till the 20th of April 1653. And therein they called to mind and declared That the Long Parliament were EMINENT ASSERTORS of the Good Old Cause, and had a SPECIALL PRESENCE of GOD with them, and were SIGNALLY BLESSED in that work, And they did judge it their DUTY to invite the said Members to the Exercise and discharge of the said TRUST. And they promised them that they should be ready in their places to yeeld them (as they said expresly did become them) their UTMOST ASSISTANCE to sit in SAFETIE as will appeare by their publique Declarations, not declaring and inviteing them to serve the then present Exigency, &c: as the best expedient, &c. And if they did not submitt to them as a free Parliament, Consider who made them unfree, or in any sort of Bondage or Servitude; And therefore they themselves that were any Cause or colour of diminution to their just Freedome have no Reason to make it any Argument or ground for any violent violation of their Liberty.

Question XI.

VVhether there did not remaine a Force upon them all the time of the last Session in as much as the greatest part of their Members were secluded?

Answer XI.

If the Force did remaine on them all the time of their last Session, you accuse the Forcers whom you seem to pretend to clear and justify; Consider who forced them? or who caused the Force to remaine? If the greatest part of the Members were secluded. Consider they did not seclude themselves; And Albeit it is mans duty in Generall to deny to do that which is malum in se though under a force or terror & although in some Cases force may excuse in some measure, yet it is no argument that because one force was before acted, that therfore another Edition: current; Page: [7-558b] must be done, no more then a second sin should be committed to justifie a precedent on. And therefore the Querent had been better to have urged this question, or tendered this Case, and his Reasons in a peaceable humble manner to the Parliament of the Commonwealth, from whom he had his Commission in the time of their Session then justify the present Case of the Confusion and interruption.

Question XII.

If all Force Fetters and Shakles had been taken of, and they had enjoyed the free and accustomed Power, and Priviledges of the Parliament of England, I demand if ever Sir George Booth and Major Generall Brown, &c: had been voted Traytors?

Answer XII.

You enter upon Judgement too farr and before your time, for you know not what the Parliament would have done if Force Fetters and Shakles had been taken of, if they had enjoyed the Free and accustomed Power and Priviledges of Parliament. I think you cannot divine. I may say in the judgement of Charity, Peradventure they might have entered into a Righteous and equall consideration of things without respect of persons as in the sight of God and man. Therefore I suppose that place of Scripture, 7 Matt. 1. may be applyed to you in this matter, Judge not, that ye be not judged. And if you have any thing to say to those Gentlemen you name, in a legall manner, or when the Law is open, and hath its legall free indifferent and impartiall Course, you may have the Liberty to accuse, as they or any Englishman else ought to have the fullest liberty of defence, which the Righteous auntient Fundamentall Lawes and Liberties afford; And so I (who am not privy to their affaires) shall close this Answer in defence of our Fundamentall Lawes and Rights, with the sentences and wise sayings of the Town Clerk of Ephesus, 19 Acts 38, 39, 40. against the confusion and Uproare raised by Demetrius. VVherefore if Demetrius & the craftsmen which are with him have a matter against any man, the Law is----(or indeed ought to be) open, or the Court dayes kept, and there are Deputies let them implade one another: But if ye inquire any thing concerning other matters, it shall be determined Edition: current; Page: [7-559a] in a Lawful (or ordinary) Assembly. For we are in danger to be called in question for this daies Uproare, there being no cause, whereby we may give an Account of the Concourse, Verse 36. Seeing these things cannot be spoken against. ye ought to be quiet, and to do nothing rashly.

Quest. XIII.

And whereas it is objected, That by an Act made by King, Lords, and Commons, that 40 of them should make a Quorum, and that they should not be dissolved till they dissolve themselves; and therefore being yet a Quorum, they are therefore a Free Parliament. I demand, VVhether by this Argument those which the Army secluded when they came to Hounsloe-Heath, may not as well call themselves a Parliament, seeing they were a Quorum, and kept their places in the House, when the rest went away to the Army, and were as truly forced out then as these were afterwards; and whether this very Argument would not make them a Parliament, if another Interest should prevail to take off that Interruption. Again the intent of that Act was not that any 40 whom the Sword should separate from the rest should make a Quorum, but rather, if by degrees some should dye, and others by consent of the Major part should be Voted out as uncapable to sit, or that others should be absent by reason of any emergencies, that then and in such case 40 should make a quorum; and this is the Reason why a fixed number are appointed a quorum in all State Conventions; Therefore it remains, that the last Parliament were rather chosen and elected by the Army, in the capacity they stood since they were first garbled: then the Peoples Representatives, because the Army might have elected that number they forced out, as well as those they kept in, unto whom they might have subscribed obedience?

Answ. XIII.

I shall only (in brief) answer to this Question, (grounded upon a supposed Objection, which you have heard or made) If there is an Act that 40 of them should make a Quorum, and that they should not be dissolved till they dissolve themselves; This Act did invest them Edition: current; Page: [7-559b] or any of them with a Legal Season against any illegal, dissolution whatsoever, either by Army or any other. And the Law considers the Cause, the Common interest, and not parties, or Factions. I further inforce my answer (with submission) to the deep Judgment of a Sage, Honourable Person, upon his going to the Army, (viz.) by the Declaration of VVilliam Lenthal Esq. Speaker, &c. (in the Book of the Declarations of the Army, Printed by special Order, by one Matthew Simmons 27 Sept. 1647. pag. 107, 108. wherein is set forth particularly, the violent acts against him) He demonstrateth in express termes That in 1647 The Votes then passed were all null and void, being extorted by force and violence, That the omission of a circumstance or some formalities in the adjournment of the House (when through force and violence, it cannot sit in any sort as a Parliament) cannot be any prejudice to the future meetings and proceedings thereof, when it may sit, and meet again, as a Free Parliament, it being well known, that nothing can dissolve this Parliament but an Act of Parliament?

Quest. XIIII.

I demand then, how any can cry Hosanna to the last Assembly, as to a just and Free Parliamentary Authority, and endeavour to restore them to the exercise thereof, upon that foot of account, unlesse they also endeavour to take off the first as well as the last interruption, which how safe that will be, I leave to the others to judge?

Answ. XIIII.

To this, I only Answer, That when you did accept of a Commission from the last Assembly, or their Delegates, I suppose you cryed Hosanna, and not interrupt, or crucifie, crucifie them. But to conclude, this; I Judge any interruption, or seclusion of any party or parties, contrary to Justice or the Fundamental Laws of England, is void in Law, and destructive to Freedom, and layes a ground and method for animosities and perpetual Wars amongst the people, instead of love, quietnesse, and amendment of errours; And as for the latter part of your question, concerning the unsafenesse to take of the first interruption. It is fit to be debated Legally and peaceably in a Parliamentary way; & that Justice be done in the case.

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Quest. XV.

If we should assay to restore them upon a prudential account, then I query, what reason there is to believe such a thing will be effected, unless they will recede from their Votes, or the Army subject unto them, which how they can do with safety to themselves or the good people of this Land I leave others to judge?

Answ. XV.

If you should essay to restore them upon a Prudential account, you thereby would make your self a Judge, so far as to put a limitation upon their Restitution, unlesse your prudential intentions therein, did relate to the Justice of it requirable in the present case: so likewise to oblige them without doors, (if it could legally be) to recede from their own Votes, would continue an apparent force upon them; and so it would not be so valid, as if they should after the interruption taken off, in a voluntary manner consider and recede. And then if there be no taking of the force (which hinders their Session) unlesse they will recede from their Votes, this continues their Bondage, and that cannot be safe for the people, to have their Parliaments in fear, or under Force or servitude, no more safe then it can be lawful or honourable for Parliaments (the Supream Conservators) to act above and contrary to the Righteous Fundamental, and unalterable, Laws and Liberties. But however the People do (I conceive) justly incline to have the face of a Civil Authority, rather then the Force of a Sword over them; which way of Force (in the Case) may produce innumerable evils, both at present and in future, peradventure greater then the chief Authors of this Force may either fore-see, or ought upon due consideration to desire or aim at; and it may not only produce evil., but hinder that good, which no good man but would desire to be enjoyed; I mean our Fundamental Laws and Liberties.

Quest. XVI.

If it should be effected, and they should come to the exercise of their Authority; I demand, what reason there is, to believe they will answer the ends of the good people of the Land?

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Answ. XVI.

If it should be effected that they should be restored, there might be reason in the judgement of charity, to hope or believe that they will answer the ends of the good people of the land. It is possible they may enter into a mature grave and pious consideration of things. It is much to me that you should seem to have so great a prejudice to them, for why should you judge so of your friends, that they should not make a good ending of their Session, as well as acknowledge as you do in your 6th. Question that they made good beginnings? Can it be supposed or justly expected they would Vote a Period to their own Session, as they did, and yet resolve to go forth without giving a sweet smell and favour, and taking into consideration all the blood and treasure and their own promises and solemn obligations, I must confess if they should not take those things into consideration; for my own particular, I who am a Member of the oppressed people for about eleven years should have no remedy unless I should obtain Justice from another, and succeeding Honourable and just Councel of Parliament.

Quest. XVII.

If their restoring cannot in reason be thought practicable, and if practicable not profitable; why should we labour in the fire of contention to effect it?

Answ. XVII.

I know no reason why it cannot be thought practicable or profitable, or why it should be accounted a labouring in the fire of contention to effect it. You make the difficulty greater then it is; For do you think the obligations upon them are of so light a nature or of so little value that they will end their Session with dishonour? Or do you think the obligations that are upon the Army or the Officers thereof to the Parliament are of so little moment, as that they can be in this way (of the sword or fire of contention) evaded, and dispensed withal.

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Quest. XVIII.

If then this cannot be a Free Parliament upon their re-admission considering the force that remained upon them, and that most of the eminent good things they did were by force squeezed from them, and therefore in Law cannot be the free Representatives of the People of England. I demand, whether some number of honest men chosen out to serve the present exigency, may not be as Lawful an Authority as they, and sooner answer the desire of all good people?

Answ. XVIII.

By any thing whatsoever I can see presented from you of reason in the present case, this Parliament may be free if their interrption be laid aside or the force discontinued, but if the force be upon them, their re-admission (as you call it) may prove of little effect: And if your supposition be never so true, that most of the eminent good things you aver they did were by force squeezed from them, and therefore in Lawe you say cannot be the free Representatives of the people of England, this is an Argument to take of the force. And besides it doth not appear by any Act of their own confession or publick Declaration, that most of the eminent good things you aver they did were by force squeezed from them. Peradventure they on the other hand will say they had done far greater good things then they did, if the force had not been upon them: and likewise paradventure they will say they had not done or consented to such Acts, which (in the judgement of divers good and consciencious men even of destroyed or undone persons and families) were evil and contrary to the Laws and Liberties. And as to the last part of your question, what do you mean by some other number of honest men to serve a present exigency. If the Power by which an Election is created, is unlawful and usurped, it would be voyd, erronious, or dangerous, both as to the Electors and Elected, and full of dissatisfaction, in its being, introduce Innovations, and subvert our righteous Laws, and Liberties, for defence of which there hath been so much precious bloud-shed, and Treasure consumed; And further, whether you mean that number of honest men should be a lawful FREE PARLIAMENT in its Election Edition: current; Page: [7-561b] and Session? I know not: you leave it in doubt. And whether that any number of honest men can, and will, hazard themselves to serve an exigency, least they should be served as others have been before, is questionable, not only because of the unlawfulnesse of the imposition of those your number of honest men (so called) upon us, but also because of the inconstancy of Judgment, &c. and motions in these publique affairs; For in some part of your Questions, you seem to be for a full and Free Parliament, Then in the 4th Question you account it dangerous to have one, for fear of influenced Lawyers, Priests and Cavaliers: Then in your 10th Question, you say or conclude strongly, That the men who sat last were rather admitted to serve a present exigency; which admittance (as you call it) was after the dissolution of another Assembly before them. And why may not the other number of honest men, which you drive at be also admitted to serve an exigency, or a danger foreseen? And where are our Laws and Liberties, Fundamental, uninterruptible, ancient and undoubted Rights all the while, the possession of which would be a lawful means to repair the wrongs, and intollerable burthens of the oppressed, and discover who are the friends of publique Justice, Peace and Amity? Thus I have given my thoughts concerning these Questions, intendedly to manifest my affections: to the just LAWS and FREEDOMS of our Countrey to Truth, and right reason, (I hope) in sober contrariety to rash and illegal Violence, without unjust respect or disrespect to parties and Factions; And I do apprehend, at present I shall displease none herein, except my particular enemies, who may rejoyce in my wrongs, or such as are willful oppressors, and resolved in their way.

W. B.

FINIS.

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The Printer to the Reader.

Courteous Reader,

HAving received the Copy of this Book divers weeks since from the Author, I thought it necessary to informe thee, that it should have been published the 22 of December last, it being a time more seasonable then at present, and agreeable to the intentions of the Author; but was interrupted by some persons, the Agents of the late Council of safety (so called) who preyed upon the written Copy, amongst other Papers, then ready to be published in vindication of the present Parliament; and the Laws and Liberties of England.

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Margaret Fell Fox

Fox, Margaret Fell

c. 1666

42.

7.42 Margaret Fell Fox, Womens Speaking Justified (c. 1666).

Editor’s Introduction

(Placeholder: Text will be added later.)

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Womens Speaking Justified, Proved, and Allowed by the Scriptures.

WHereas it hath been an Objection in the minds of many, and several times hath been objected by the Clergy, or Ministers, and others, against Womens speaking in the Church; and so consequently may be taken, that they are condemned for medling in the things of God; the ground of which Objection, is taken from the Apostles words, which he Writ in his first Epistle to the Corinthians, chap. 14. vers. 34, 35. And also what he writ to Timothy in the first Epistle, chap. 2. vers. 11, 12. But how far they wrong the Apostle’s intentions in these Scriptures, we shall shew clearly when we come to them in their course and order. But first let me lay down how God himself hath manifested his Will and Mind concerning Women, and unto Women.

And first, When God created Man in his own Image; in the Image of God created he them, Male and Female; and God blessed them; and God said unto them, Be fruitful, and multiply: And God said, Behold, I have given you of every Herb, &c. Gen. 1. Here God joyns them together in his own Image, and makes no such distinctions and differences as men do; for though they be weak, he is strong; and as he said to the Apostle, His Grace is sufficient, and his strength is made manifest in weakness, 2 Cor. 12. 9. And such hath the Lord chosen, even the weak things of the world, to confound the things which are mighty; and things which are despised, hath God chosen, to bring to nought things that are, 1 Cor. 1. And God hath put no such difference between the Male and Female as men would make.

It is true, The Serpent that was more subtile then any other Beast of the Field, came unto the Woman, with his Temptations, and with a lie; his subtility discerning her to be more enclinable to hearken to him, when he said, If ye eat, your eyes shall be opened; and the Woman saw that the Fruit was good to make one wise; there the temptation got into her, and she did eat, and gave to her Husband, and he did eat also, and so they were both tempted into the transgression and disobedience; and therefore God said unto Adam, when that he hid himself when he heard his voice, Hast thou eaten of the Tree which I commanded thee that thou shouldst not eat? And Adam said, The Woman which thou gavest Edition: current; Page: [7-565a] me, she gave me of the Tree, and I did eat. And the Lord said unto the Woman, What is this that thou hast done? and the Woman said, The Serpent beguiled me, and I did eat. Here the Woman spoke the truth unto the Lord: see what the Lord saith, vers. 15. after he had pronounced Sentence on the Serpent; I will put enmity between thee and the Woman, and between thy Seed and her Seed; it shall bruise thy head, and thou shalt bruise his heel, Gen. 3.

Let this Word of the Lord, which was from the beginning, stop the mouths of all that oppose Womens Speaking in the Power of the Lord; for he hath put enmity between the Woman and the Serpent; and if the Seed of the Woman speak not, the Seed of the Serpent speaks; for God hath put enmity between the two Seeds, and it is manifest, that those that speak against the Woman and her Seeds Speaking, speak out of the enmity of the old Serpents Seed; and God hath fulfilled his Word and his Promise, When the fulness of time was come, he hath sent forth his Son, made of a Woman, made under the Law, that we might receive the adoption of Sons, Gal. 4. 4, 5.

Moreover, the Lord is pleased, when he mentions his Church, to call her by the name of Woman, by his Prophets, saying, I have called thee as a Woman forsaken, and grieved in Spirit, and as a Wife of Youth, Isa. 54. Again, How long wilt thou go about, thou back-sliding Daughter? For the Lord hath created a new thing in the earth, a Woman shall compass a Man, Jer. 31. 22. And David, when he was speaking of Christ and his Church, he saith, The Kings Daughter is all glorious within, her cloathing is of wrought Gold; she shall be brought unto the King: with gladness and rejoycing shall they be brought; they shall enter into the Kings Pallace, Psal. 45. And also King Solomon in his Song, where he speaks of Christ and his Church, where she is complaining and calling for Christ, he saith, If thou knowest not, O thou fairest among women, go thy way by the footsteps of the Flock, Cant. 1. 8. c. 5. 9. And John, when he saw the wonder that was in Heaven, he saw a Woman clothed with the Sun, and the Moon under her feet, and upon her head a Crown of twelve Stars; and there appeared another wonder in Heaven, a great red Dragon stood ready to devour her Child: here the enmity appears that God put between the Woman and the Dragon, Revelations 12.

Thus much may prove that the Church of Christ is a Woman, and those that speak against the Womans speaking, speak against the Church of Christ, and the Seed of the Woman, which Seed is Christ; that is to say, Those that speak against the Power of the Lord, and the Spirit of the Lord speaking in a Woman, simply, by reason of her Sex, or Edition: current; Page: [7-565b] because she is a Woman, not regarding the Seed, and Spirit, and Power that speaks in her; such speak against Christ, and his Church, and are of the Seed of the Serpent, wherein lodgeth the enmity. And as God the Father made no such difference in the first Creation, nor never since between the Male and the Female, but alwayes out of his Mercy and loving kindness, had regard unto the weak. So also, his Son, Christ Jesus, confirms the same thing; when the Pharisees came to him, and asked him, if it were lawful for a man to put away his Wife? he answered and said unto them, Have you not read, That he that made them in the beginning, made them Male and Female, and said, For this cause shall a Man leave Father and Mother, and shall cleave unto his Wife, and they twain shall be one flesh, wherefore they are no more twain but one flesh; What therefore God hath joyned together, let no Man put asunder, Mat. 19.

Again, Christ Jesus, when he came to the City of Samaria, where Jacobs Well was, where the Woman of Samaria was; you may read, in John 4. how he was pleased to preach the Everlasting Gospel to her; and when the Woman said unto him, I know that when the Messiah cometh, (which is called Christ) when he cometh, he will tell us all things; Jesus saith unto her, I that speak unto thee am he; This is more than ever he said in plain words to Man or Woman (that we read of) before he suffered. Also he said unto Martha, when she said, she knew that her Brother should rise again in the last day, Jesus said unto her, I am the Resurrection and the Life: he that believeth on me, though he were dead, yet shall he live; and whosoever liveth and believeth shall never die. Believest thou this? she answered, Yea Lord, I believe thou art the Christ, the Son of God. Here she manifested her true and saving Faith, which few at that day believed so on him, John 11. 25, 26.

Also that Woman that came unto Jesus with an Alabaster Box of very precious Oyntment, and poured it on his Head as he sat at meat; it’s manifested that this Woman knew more of the secret Power and Wisdom of God, then his Disciples did, that were filled with indignation against her; and therefore Jesus saith, Why do ye trouble the Woman? for she hath wrought a good work upon me; Verily, I say unto you, Wheresoever this Gospel shall be preached in the whole World, there shall also this that this Woman hath done, be told for a memorial of her, Matt. 26. Mark 14. 3. Luke saith further, She was a sinner, and that she stood at his feet behind him weeping, and began to wash his feet with her tears, and did wipe them with the hair of her head, and kissed his feet, and annointed them with Oyntment. And when Jesus saw the Heart of the Pharaisee that had bidden him to his house, he took occasion to speak unto Simon, as you may read in Luke 7. and he turned to the Woman, and Edition: current; Page: [7-566a] said, Simon, seest thou this Woman? Thou gavest me no water to my feet; but she hath washed my feet with tears, and wiped them with the hair of her head: Thou gavest me no kiss; but this Woman, since I came in, hath not ceased to kiss my Feet: My Head with Oyl thou didst not annoint; but this Woman hath annointed my Feet with Oyntment: Wherefore I say unto thee, her sins, which are many, are forgiven her, for she hath loved much, Luke 7. 37, to the end.

Also there was many Women which followed Jesus from Galilee, ministring unto him, and stood afar off when he was Crucified, Mat. 28. 55. Mark 15. Yea even the Women of Jerusalem wept for him, insomuch that he said unto them, Weep not for me, ye Daughters of Jerusalem, but weep for your selves, and for your Children, Luke 23. 28.

And certain Women which had been healed of evil Spirits and Infirmities, Mary Magdalen; and Joanna the Wife of Chuza, Herods Stewards Wife; and many others which ministred unto him of their substance, Luke 8. 2, 3.

Thus we see that Jesus owned the Love and Grace that appeared in Women, and did not despise it; and by what is recorded in the Scriptures, he received as much love, kindness, compassion, and tender dealing towards him from Women, as he did from any others, both in his life time, and also after they had exercised their cruelty upon him; for Mary Magdalene, and Mary the Mother of Joses, beheld where he was laid; And when the Sabbath was past, Mary Magdalene, and Mary the Mother of James, and Salom, had brought sweet spices that they might annoint him: And very early in the morning, the first day of the week, they came unto the Sepulchre at the rising of the Sun; And they said among themselves, Who shall roll us away the stone from the door of the Sepulchre? And when they looked, the stone was rolled away, for it was very great; Mark 16. 1, 2, 3, 4. Luke 24. 1, 2. and they went down into the Sepulchre; and as Matthew saith, The Angel rolled away the stone; and he said unto the Women, Fear not, I know whom ye seek, Jesus which was Crucified: he is not here, he is risen, Mat. 28. Now Luke saith thus, That there stood two men by them in shining apparel, and as they were perplexed and afraid, the men said unto them, He is not here; remember how he said unto you when he was in Galilee, That the Son of Man must be delivered into the hands of sinful men, and be crucified, and the third day rise again; and they remembred his words, and returned from the Sepulchre, and told all these things to the eleven, and to all the rest.

It was Mary Magdalene, and Joanna, and Mary the Mother of James, and the other Women that were with them, which told these things to Edition: current; Page: [7-566b] the Apostles, And their words seemed unto them as idle tales, and they believed them not. Mark this, ye despisers of the weakness of Women, and look upon your selves to be so wise; but Christ Jesus doth not so, for he makes use of the weak: for when he met the Women after he was risen, he said unto them, All Hail, and they came and held him by the Feet, and worshipped him; then said Jesus unto them, Be not afraid; go tell my Brethren that they go into Gallilee, and there they shall see me, Mat. 28. 10. Mark 16. 9. And John saith, when Mary was weeping at the Sepulchre, that Jesus said unto her, Woman, why weepest thou? what seekest then? And when she supposed him to be the Gardiner, Jesus saith unto her, Mary; she turned her self, and saith unto him, Rabboni, which is to say Master; Jesus saith unto her, Touch me not, for I am not yet ascended to my Father, but go to my Brethren, and say unto them, I ascend unto my Father, and your Father, and to my God, and your God, John 20. 16, 17.

Mark this, you that despise and oppose the Message of the Lord God that he sends by Women; what had become of the Redemption of the whole Body of Man-kind, if they had not believed the Message that the Lord Jesus sent by these Women, of and concerning his Resurrection? And if these Women had not thus, out of their tenderness and bowels of love who had received Mercy, and Grace, and forgiveness of sins, and Virtue, and Healing from him; which many men also had received the like, if their hearts had not been so united and knit unto him in love, that they could not depart as the men did, but sat watching, and waiting, and weeping about the Sepulchre until the time of his Resurrection, and so were ready to carry his Message, as is manifested; else how should his Disciples have known, who were not there?

Oh! blessed and glorified be the Glorious Lord; for this may all the whole body of man-kind say, though the wisdom of man, that never knew God, is alwayes ready to except against the weak; but the weakness of God is stronger then men, and the foolishness of God is wiser then men.

And in Act. 18. you may read how Aquila and Priscilla took unto them Apollos, and expounded unto him the way of God more perfectly; who was an elloquent man, and mighty in the Scriptures; yet we do not read that he despised what Priscilla said, because she was a Woman, as many now do.

And now to the Apostles words, which is the ground of the great Objection against Womens Speaking; And first, 1 Cor. 14. let the Reader seriously read that Chapter, and see the end and drift of the Edition: current; Page: [7-567a] Apostle in speaking these words: for the Apostle is there exhorting the Corinthians unto charity, and to desire Spiritual gifts, and not to speak in an unknown tongue; and not to be Children in understanding, but to be Children in malice, but in understanding to be men; and that the Spirits of the Prophets should be subject to the Prophets; for God is not the Author of Confusion, but of Peace: And then he saith, Let your Women keep silence in the Church, &c.

Where it doth plainly appear that the Women, as well as others, that were among them, were in confusion; for he saith, How is it Brethren? when ye come together, every one of you hath a Psalm, hath a Doctrine, hath a Tongue, hath a Revelation, hath an Interpretation? let all things be done to edifying. Here was no edifying, but all was in confusion speaking together; Therefore he saith, If any man speak in an unknown Tongue, let it be by two, or at most by three, and that by course; and let one Interpret; but if there be no Interpreter, let him keep silence in the Church. Here the Man is commanded to keep silence as well as the Woman, when they are in confusion and out of order.

But the Apostle saith further, They are commanded to be in Obedience, as also saith the Law; and if they will learn any thing, let them ask their Husbands at home; for it is a shame for a Woman to speak in the Church.

Here the Apostle clearly minifests his intent; for he speaks of Women that were under the Law, and in that Transgression as Eve was, and such as were to learn, and not to speak publickly, but they must first ask their Husbands at home; and it was a shame for such to speak in the Church: And it appears clearly, that such Women were speaking among the Corinthians, by the Apostles exhorting them from malice and strife, and confusion, and he preacheth the Law unto them, and he saith, in the Law it is written, With men of other tongues, and other lips, will I speak unto this people, vers. 2.

And what is all this to Womens Speaking? that have the Everlasting Gospel to preach, and upon whom the Promise of the Lord is fulfilled, and his Spirit poured upon them according to his Word, Acts 2. 16, 17, 18. And if the Apostle would have stopped such as had the Spirit of the Lord poured upon them, why did he say just before, If any thing be revealed to another that suteth by, let the first hold his peace? and you may all prophesie one by one. Here he did not say that such Women should not Prophecsie as had the Revelation and Spirit of God poured upon them; but their Women that were under the Law, and in the Transgression, and were in strife, confusion & malice in their speaking; for if he had stopt Womens praying or prophesying, why doth he say, Every man praying or prophesying, having his head covered, dishonoureth Edition: current; Page: [7-567b] his head; but every Woman that prayeth or prophesieth with her head uncovered, dishonoureth her head? Judge in your selves, Is it comely that a Woman pray or prophesie uncovered? For the Woman is not without the Man, neither is the Man without the Woman, in the Lord, 1 Cor. 11. 3, 4, 13.

Also that other Scripture, in 1 Tim. 2. where he is exhorting that, Prayer and Supplication be made every where, lifting up holy Hands without wrath and doubting? he saith in the like manner also, That Women must adorn themselves in modest apparel, with shamefastness and sobriety, not with broidered hair, or gold, or pearl, or costly array; He saith, Let Women learn in silence with all subjection, but I suffer not a Woman to teach, nor to usurp authority over the Man, but to be in silence; for Adam was first formed, then Eve; and Adam was the deceived, but the Woman being deceived was in the transgression.

Here the Apostle speaks particularly to a Woman in Relation to her Husband, to be in subjection to him, and not to teach, not usurp authority over him, and therefore he mentions Adam and Eve; But let it be strained to the utmost, as the opposers of Womens Speaking would have it, that is, That they should not preach nor speak in the Church, of which there is nothing here; Yet the Apostle is speaking to such as he is teaching to wear their apparel, what to wear, and what not to wear; such as were not come to wear modest apparel, and such as were not come to shamefastness and sobriety, but he was exhorting them from broidered hair, gold, and pearls, and costly array; and such are not to usurp authority over the Man, but to learn in silence with all subjection, as it becometh Women professing Godliness with good works.

And what is all this to such as have the Power and Spirit of the Lord Jesus poured upon them, and have the Message of the Lord Jesus given unto them? must not they speak the Word of the Lord because of these undecent and unreverent Women that the Apostle speaks of, and to, in these two Scriptures? And how are the men of this Generation blinded, that bring these Scriptures, and pervert the Apostles Words, and corrupt his intent in speaking of them? and by these Scriptures, endeavour to stop the Message and Word of the Lord God in Women, by contemning and despising of them. If the Apostle would have had Womens speaking stopt, and did not allow of them, why did he entreat his true Yoak-Fellow to help those Women who laboured with him in the Gospel? Phil. 4. 3. And why did the Apostles joyn together in Prayer and Supplication with the Women, and Mary the Mother of Jesus, and with his Brethren, Acts. 14. if they had not allowed, and had union and fellowship with the Spirit of God, wherever it was, Edition: current; Page: [7-568a] revealed in Women as well as others? But all this opposing and gainsaying of Womens Speaking, hath risen out of the bottomless Pit, and spirit of Darkness that hath spoken for these many hundred years together in this night of Apostacy, since the Revelations have ceased and been hid; and so that spirit hath limited and bound all up within its bond and compass, and so would suffer none to speak, but such as that spirit of Darkness, approved of, Man or Woman.

And so here hath been the misery of these last Ages past, in the time of the Reign of the Beast, that John saw when he stood upon the Sand of the Sea, rising out of the Sea, and out of the Earth, having seven Heads and ten Horns, Rev. 13. In this great City of Babylon, which is the Woman that hath sitten so long upon the Scarlet-coloured Beast, full of names of Blasphemy, having seven Heads and ten Horns; and this Woman hath been arrayed and decked with gold, and pearls, and precious stones; and she hath had a golden Cup in her hand, full of Abominations, and hath made all Nations drunk with the Cup of her Fornication; and all the world hath wondred after the Beast, and hath worshiped the Dragon that gave power to the Beast; and this woman hath been drunk with the blood of the Saints, and with the blood of the Martyre of Jesus; and this hath been the woman that hath been speaking and usurping authority for many hundred years together: And let the times and ages past testifie how many have been murdered and slain, in Ages and Generations past; every Religion and Profession (as it hath been called) killing and murdering one another, that would not joyn one with another: And thus the Spirit of Truth, and the Power of the Lord Jesus Christ hath been quite lost among them that have done this; and this mother of Harlots hath sitten as a Queen, and said, She should see no sorrow; but though her dayes have been long, even many hundred of years, for there was power given unto the Beast, to continue forty and two months, and to make war with the Saints, and to overcome them; and all that have dwelt upon the earth have worshiped him, whose names are not written in the Book of the Life of the Lamb, slain from the foundation of the world.

But blessed be the Lord, his time is over, which was above twelve hundred years, and the darkness is past, and the night of Apostacy draws to an end, and the true Light now shines, the morning-Light, the bright morning-Star, the Root and Off-spring of David, he is risen, he is risen, glory to the highest for evermore: and the Joy of the morning is come, and the Bride, the Lambs Wife, is making her self ready, as a Bride that is adorning for her Husband, and to her is granted that she shall be arrayed in fine linnen, clean and white, and the fine Edition: current; Page: [7-568b] linnen is the Righteousness of the Saints; The Holy Jerusalem is descending out of Heaven from God, having the Glory of God, and her Light is like a Jasper stone, clear as Christal.

And this is that free Woman that all the Children of the Promise are born of: not the Children of the bond-woman, which is Hagar, which genders to strife and to bondage, and which answers to Jerusalem which is in bondage with her Children; but this is the Jerusalem which is free, which is the Mother of us all; And so this bond-woman and her children, that are born after the flesh, have persecuted them that are born after the Spirit, even until now; but now the bond-woman and her Seed is to be cast out, that hath kept so long in bondage and in slavery, and under limits; this bond-woman and her brood is to be cast out, and our Holy City, the New Jerusalem, is coming down from Heaven, and her Light will shine throughout the whole earth, even as a Jasper stone, clear as Christal, which brings freedom and liberty, and perfect Redemption to her whole Seed; and this is that Woman and Image of the Eternal God, that God hath owned, and doth own, and will own for evermore.

More might be added to this purpose, both out of the Old Testament and New, where it is evident that God made no difference, but gave his good Spirit, as it pleased him, both to Man and Woman, as Deborah, Huldah, & Sarah. The Lord calls by his prophet Isaiah Hearken unto me, ye that follow after Righteousness; ye that seek the Lord, look unto the Rock from whence ye were hewen, and to the hole of the Pit from whence ye were digged; look unto Abraham your Father, and to Sarah that bare you; for the Lord will comfort Sion, &c. Isa. 5. And Anna the Prophetess, who was a Widow of fourscore and four years of age, which departed not from the Temple, but served God with fastings and prayers night and day, she coming in at that instant, (when old Simeon took the Child Jesus in his arms, and) she gave thanks unto the Lord, and spake of him to all them who looked for Redemption in Jerusalem, Luke 2. 36, 37, 38. And Philip the Evangelist, into whose house the Apostle Paul entered, who was one of the Seven, Acts. 6. 3. He had four Daughters which were Virgins, that did prophesie, Acts 21.

And so let this serve to stop that opposing Spirit that would limit the Power and Spirit of the Lord Jesus, whole Spirit is poured upon all flesh, both Sons and Daughters, now in his Resurrection; and since that the Lord God in the Creation, when he made man in his own Image, he made them male and female; and since that Christ Jesus, as the Apostle saith, was made of a Woman, and the power of the Highest overshadowed her, and the holy Ghost came upon her, and the holy Edition: current; Page: [7-569a] thing that was born of her, was called the Son of God; and when he was upon the Earth; he manifested his love, and his will, and his mind, both to the Woman of Samaria, and Martha, and Mary her Sister, and several others, as hath been shewed and after his Resutrection also manifested himself unto them first of all, even before he ascended unto his Father. Now when Jesue was risen, the first day of the week, he appeared first unto Mary Magdalene, Mark 16. 9. And thus the Lord Jesus hath manifested himself and his Power, without respect of Persons; and so let all mouths be stopt that would limit him, whose Power and Spirit is infinite, that is pouring it upon all flesh.

And thus much in answer to these two Scriptures, which have been such a stumbling block, that the ministers of Darkness have made such a mountain of; But the Lord is removing all this, and taking It out of the way.

M. F.

A further Addition in Answer to the Objection concerning Women keeping silent in the Church; For it is not permitted for them to speak, but to be under obedience; as also saith the Law, If they will learn any thing, let them ask their Husbands at home, for it is a shame for a Woman to speak in the Church; Now this as Paul writeth in 1 Cor. 14. 34. is one with that of 1 Tim. 2. 11. Let Women learn in silence with all subjection.

To which I say, If you tie this to all outward Women, then there were many Women that were Widows which had no Husbands to learn of, and many were Virgins which had no Husbands; and Philip had four Daughters that were Prophets; such would be despised, which the Apostle did not forbid: And if it were to all Women, that no Woman might speak, then Paul would have contradicted himself; but they were such Women that the Apostle mentions in Timothy, That grew wanton and were busie-bodies and tatlers and kicked against Christ. For Christ in the Male and in the Female is one, and he is the Husband, and his Wife is that Church; and God hath said, that his Daughter should Prophesie as well as his Sons: And where he hath poured forth his Spirit upon them, they must prophesie, though blind Priests say to the contrary, and will not permit holy Women to speak.

2. And whereas it is said, I permit not a Woman to speak as saith the Law: but where Women are led by the Spirit of God, they are not under the Law, so Christ in the Male and in the Female is one and where he is Edition: current; Page: [7-569b] made manifest in Male and Female, he may speak, for he is the end of the Law for Righteousness to all them that believe. So here you ought to make a distinction what sort of Women are forbidden to speak, such as were under the Law, who were not come to Christ, nor to the Spirit of Prophesie: For Hulda, Miriam, and Hanna, were Prophets, who were not forbidden in the time of the Law, for they all prophesied in the time of the Law; as you may read, in 2 Kings 22. what Halda said unto the Priest, and to the Ambassadors that were sent to her from the King, Go, saith she, and tell the Man that sent you to me, Thus saith the Lord God of Israel, Behold, I will bring evil upon this place, and on the Inhabitants thereof, even all the words of the Book which the King of Judah hath read; because they have forsaken me, and have burnt Incense to other Gods, to anger me with all the works of their hands: Therefore my wrath shall be kindled against this place, and shall not be quenched. But to the King of Judah, that sent you to me to ask counsel of the Lord, so shall you say to him, Thus saith the Lord God of Israel, Because thy heart did melt, and thou humbledst thy self before the Lord, when thou heardst what I spake against this place, and against the Inhabitants of the same, how they should be destroyed; Behold I will receive thee to thy Father, and thou shall be put into thy Grave in peace, and thine eyes shall not see all the evil which I will bring upon this place. Now let us see if any of you blind Priests can speak after this manner, and see if it be not a better Sermon then any of you can make, who are against Womens Speaking? And Isaiah, that went to the Prophetess, did not forbid her Speaking or Prophesying, Isa. 8. And was it not prophesied in Joel 2. that Hand-maids should Prophesie? And are not Hand-maids Women? Consider this, ye that are against Womens Speaking, how in the Acts the Spirit of the Lord was poured forth upon Daughters as well as Sons. In the time of the Gospel, when Mary came to salute Elizabeth in the Hill Countrey in Judea, and when Elizabeth heard the salutation of Mary, the Babe leaped in her Womb, and she was filled with the Holy Spirit; and Elizabeth spoke with a loud voice, Blessed art thou amongst Women, blessed is the fruit of thy Womb; whence is this to me, that the Mother of my Lord should come to me? for lo, as soon as thy Salutation came to my ear, the Babe leaped in my Womb for joy: for blessed is she that believes, for there shall be a performance of those things which were told her from the Lord. And this was Elizabeths Sermon concerning Christ, which at this day stands upon Record: And then Mary said, My Soul doth magnifie the Lord, and my Spirit rejoyceth in God my Saviour, for he hath regarded the low estate of his Hand-maid: for behold, from henceforth all Generations shall call me blessed; for he that is mighty, hath done to me great things, and holy is his Name; and his Mercy is on them Edition: current; Page: [7-570a] that fear him, from Generation to Generation; he hath shewed strength with his Arm; he hath scattered the proud in the imaginations of their own hearts; he hath put down the mighty from their Seats, and exalted them of low degree; he hath filled the hungry with good things, and the rich he hath sent empty away; he hath holpen his Servant Israel, in remembrance of his mercy, as he spake to his Father, to Abraham, and to his Seed for ever. Are you not here beholding to the Woman for her Sermon, to use her words to put into your Common Prayer? and yet you forbid Womens Speaking. Now here you may see how these two Women prophesied of Christ, and Preached better then all the blind Priests did in that Age, and better then this Age also, who are beholding to Women to make use of their Words. And see in the Book of Ruth, how the Women blessed her in the Gate of the City, of whose stock came Christ. The Lord make the Woman that is come into thy House like Rachel and Leah, which built the house of Israel; and that thou mayest do worthily in Ephrata, and be famous in Bethlehem, let thy house be like the house of Pharez, whom Tamer bare unto Judah, of the Seed which the Lord shall give thee of this young Woman. And blessed be the Lord, which hath not left thee this day without a Kinsman, and his Name shall be continued in Israel. And also see in the first Chapter of Samuel, how Hannah prayed and spake in the Temple of the Lord, Oh Lord of Hosts, if thou will look on the trouble of thy Hand-maid, and remember me, and not forget thy Hand-maid. And read in the second Chapter of Samuel, How she rejoyced in God, and said, My heart rejoyceth in the Lord; My Horn is exalted in the Lord, and my wrath is enlarged over my enemies, because I rejoyce in thy Salvation; there is none holy as the Lord, yea, there is none besides thee; and there is no God like our God: Speak no more presumptuously, let not arrogancy come out of your months, for the Lord is a God of knowledge, and by him enterprises are established; the Bow, and the mighty Men are broken, and the weak hath girded to themselves strength; they that were full, are hired forth for bread, and the hungry are no more hired; so that the barren hath born seven, and she that had many Children, is feeble; the Lord killeth, and maketh alive; bringeth down to the Grave, and raiseth up; the Lord maketh poor, and maketh rich, bringeth low and exalteth, he raiseth up the poor out of the dust, and lifteth up the beggar from the dunghil to set them among Princes, to make them inherit the seat of Glory; for the Pillars of the earth are the Lords, & he hath set the world upon them; he will keep the feet of his saints and the wicked shall keep silence in darkness, for in his own might shall no man be strong; the Lords Adversaries shall be destroyed, and out of Heaven shall he thunder upon them; the Lord shall judge the ends of the World, and shall give power to his King, and exalt the Horn of his Anointed. Thus you may see what Edition: current; Page: [7-570b] a woman hath said, when old Ely the Priest thought she had been drunk: and see if any of you blind Priests that speak against Womens Speaking, can Preach after this manner? who cannot make such a Sermon as this woman did, & yet will make a trade of this Woman and other womens words. And did not the Queen of Sheba speak, that came to Solomon, and received the Law of God, & preached it in her own Kingdom, and blessed the Lord God that loved Solomon, and set him on the throne of Israel, because the Lord loved Israel for ever; and made the King to do Equity and Righteousness? And this was the language of the Queen of Sheba. And see what glorious expressions Queen Hester used to comfort the People of God, which was the Church of God, as you may read in the book of Hester, which caused joy and gladness of heart among all the Jews, who prayed and worshiped the Lord in all places, who jeoparded her life contrary to the Kings command, went and spoke to the King, in the wisdom and fear of the Lord, by which means she saved the lives of the People of God; and righteous Mordecai did not forbid her speaking, but said, If she held her peace, her and her Fathers house should be destroyed; and herein you blind Priests are contrary to Righteous Mordecai.

Likewise you may read how Judith spoke, and what noble acts she did, and how she spoke to the Elders of Israel, and said, Dear Brethren, seeing ye are the honorable & Elders of the People of God, call to remembrance how our Fathers in time past were tempted, that they might be proved if they would worship God aright; they ought also to remember how our Father Abraham, being tryed through manifold tribulations, was found a friend of God; so was Isaac, Jacob, and Moses, and all they pleased God, and were stedfall in Faith through manifold troubles. And read also her prayer in the Book of Judith, and how the Elders commended her, and said, All that thou speakest is true, and no man can reprove thy words, pray therefore for us, for thou art an holy Woman, and fearest God. So these Elders of Israel did not forbid her speaking, as you blind Priests do; yet you will make a Trade of Womens words to get money by, and take Texts, and Preach Sermons upon Womens words; and still cry out, Women must not speak, Women must be silent; so you are far from the minds of the Elders of Israel, who praised God for a Womans speaking. But the Jezebel, and the Woman, the false Church, the great Whore, and tatling women, and busie-bodies, which are forbiden to Preach, which have a long time spoken and tatled which are forbidden to speak by the True Church, which Christ is the Head of; such VVomen as were in transgression under the Law, which are called a VVoman in the Revelations. And see further how the wise VVoman cryed to Joab over the VVall, and saved the City of Abel, as you may read, 2 Sam. 20. how in her Edition: current; Page: [7-571] wisdom she spoke to Joab, saying, I am one of them that are peaceable and faithful in Israel, and than goest about to distroy a City and Mother in Israel; Why will thou destroy the Inheritance of the Lord? Then went the Woman to the people in her wisdom, and smote off the head of Sheba, that rose up against David, the Lords Anointed: Then Joab blew the Trumpet, and all the people departed in peace. And this deliverance was by the means of a Womans speaking; but tatlers, and busie-bodies, are forbidden to preach by the True Woman, whom Christ is the Husband, to the Woman as well as the Man, all being comprehended to be the Church; and so in this True Church Sons and Daughters do Prophesie, Women labour in the Gospel; but the Apostle permits not tatlers, busie-bodies, and such as usurp authority over the Man, would not have Christ Reign, not speak neither in the Male nor Female; Such the Law permits not to speak, such must learn of their Husbands: But what Husbands have Widows to learn of, but Christ? And was not Christ the Husband of Philips four Daughters? And may not they that learn of their Husbands speak then? But Jezebel, and Tatlers, and the Whore that denies Revelation and Prophesie, are not permitted, which will not learn of Christ; and they that be out of the Spirit and Power of Christ, that the Prophets were in, who are in the Transgression, are ignorant of the Scriptures; and such are against Womens Speaking, and Mens too, who Preach that which they have received of the Lord God; but that which they have preached, and do preach, will come over all your heads, yea, over the head of the false Church, the Pope; for the Pope is the Head of the False Church, and the False Church is the Popes Wife: and so he and they that be of him, and come from him, are against Womens speaking in the True Church, when both he and the false Church are called Woman, in Revel. 17. and so are in the Transgression that would usurp authority over the Man Christ Jesus, and his wife too, and would not have him to Reign; but the Judgement of the great Whore is come. But Christ, who is the Head of the Church, the True Woman which is his Wife, in it do Daughters Prophesie; who are above the Pope and his Wife, and a top of them; And here Christ is the Head of the Male and Female, who may speak; and the Church is called a Royal Priesthood; so the Woman must offer as well as the Man, Rev. 22. 17. The Spirit saith, Come, and the Bride saith, Come; and so is not the Bride the Church? and doth the Church only consist of Men? you that deny Womens Speaking, answer; Doth it not consist of Women as well as Men? Is not the Bride compared to the whole Church? And doth not the Bride say, Come? Doth not the Woman speak then? the Husband, Christ Jesus, the Amen; and doth not the false Church go about to stop the Brides Mouth? But it is not possible for the Bridegroom is with his Bride, and he opens her Mouth. Christ Jesus, who goes on Conquering, and to Conquer; who kills and slayes with the Sword, which is the Words of his Month; the Lamb and the Saints shall have the Victory, the true Speakers of Men and Women over the false Speaker.

THE END.

*

Now these few Considerations, we offer to all England, and we appeale to the judgment of all rational and righteous men, whether this we speak, be not that substantiall Truth brought forth into action, which Ministers have preached up, and all religious men have made profession of; for certainly, God who is the King of righteousness, is not a God of words only, but of deedes; for it is the badge of hypocrisie, for a man to say, and not to do. Therefore we leave this with you all, having peace in our hearts, by declaring faith fully to you, this light that is in us, and which we do not onely speake and write, but which we do easily act & practise. Likewise we write it, as a Letter of congratulation, and encouragement to our dear fellow Englishmen, that have begun to digge upon the Commons, thereby taking possession of their freedom in Willinborow in Northamptonshire: And at Cox Hall in Kent, waiting to see the chains of slavish fear to break and fall off from the hearts of others in other Countries, till at last the whole Land is filled with the knowledge & righteousness of the restoring power, which is Christ himself, Abrahams seed, who will spread himself til he become the joy of all Nations.

*

Continua est rebus generatio & corripio. Arist. de gen. & corr. lib. 12. cap. 10. 3 Annal. Certic cunt cuncta Temporibus. Nasei debeus, crescere & extingui. Seneca consol. ad Hel.——Numina rebus Crescendi posucre modum. Lucan. Cic. de divia. Numeri fatales, vel periodi. Plat.

*

Peucerus de divinat. gen. fol. m. 30. & Gregor. Richter. axiom. polit. 1. & Occonom. 5. cum inultis aliic. Herod.

*

Hoc est, anno ab V. C. 244.

*

Irriti sunt conatun bumani. Vide Richter. 684.

*

Nulla vis bumani vel virtus, meruisse unquam potuit, ut quod præscripsit fatalis ordo, non fiat. Ammian. lib. 23.

*

Ad [Editor: illegible word] gladii sui appellavit. Girard. l. 21. Pasquier. 5. cap. 7.

†

Jactitare solebas, suà potissimum opera effectum fuisse, ut Reguil Gallicanum quasi ex Tutelâ, ad plenam Pubertatem fueris redactum. Besoldus in Synopsi. c. 4.

*

Norman, ille Spurius, Guilhelmus dictus, Anglicanum Regnum vi occuptoit; Legésq; tulit, nullas a cepit. Besoldus in Synopsi. lib. 1. cap. 14.

*

Necessitas summa reducit res ad rerum Ius naturæ. Grotius de Iure belli. l. 2. c. 6. Grotius, inter Prolegomena de Iure Belli.

*

Iure belli.

†

Si qui fare suo uti non possion, corñ jus accrescit præsentibus. Grotius de Jure Belli, lib. 2 c. 5.

*

Lib. de legib. 3. cap. 10.

*

Sanders ibid. novo sensum aliquam juramento à nobis prœstito, aut ejus alicuè parti affingamus, proprii commodi aut utilitatis causà, quam non quivis vir alius pius & prudens (quiest liberioris Iudicii, utpote cujà nibil interest) ex ipsis verbis facilè eliceres.

*

Omnia debent esse cadem quæ fuerint cum promitteres, ut promittentis sidem teneas.

*

Quia cũ omnia divine Providentiæ & voluntali subsint, nec sit in cujusvis hominis potestate omnes futures Casus præstare; qui fecit quod in se fuit ut adimpierec quod promisrat, Iuramenti fidem exeluit. Rei Impossibilis Sanders. Ibid.

*

Potestates apud Ammlanum aliosque Ammiznum penes quos saut Iura militaria. Arnold. Clapmar. de Iure Imperii. lib. 1. cap. 10. Viactur Apostolus voluisse tollere frivolä bominum curiosiatem &c. Calv. in Rom. cap. 13. Quum quætitur cui parendü, non est spectandum qualis sit qui potestatem exercet, nec quo Iurc, vel injuria, qulo potestatem invaserit. Dacet. in Rom. 13.

*

Sacramentum capitis diminutione sublatum.

†

Petr. Greg. Tolos. lib. 11. de Repub. cap. 3. pag. 656.

*

Mercenarii militia fides ex fortund pendet: qua inclinante ad hostes, ipsi etiam spem atq; animum ed inclinant. Francise. Patrit. lib. 9. de Reg. Tit. 15.

†

Soleut plus lucrum quam causam sequi bellaudi: Et ita facile ab hostibus, vel majore stipeudio, vel donis, corrumpi possuns. Petr. Greg. Tolos. ubi supra.

*

See the new Acts of Treason, and the Act for establishing an High Court of Iustice.

*

He was afterwards King, by the name of Henry 2. See Daniel. in the life of King Stephen.

*

Leges opprimis Timor. Sen. Herc. Fur.

(a)

Auferre, trucidare, rapere. Tac. in Agric.

(b)

Plutarch in vitâ Catonis.

(c)

Delatores per pramia eliciunt. Tacit. Annal. 4.

(d)

Boni quàm mali suspectiores sunt, semperque quem ex malâ.

†

Regni causà iam violandum esse.

*

Regni causà sceleratum esse.

a

Principi nibit est injustũ quod fructuasum.

b

Ubi honesta tantùm dominantì licens, procariò reguatur.

†

Quamvis bonus asq, clement fit, qui plua potest, tamen quia mate esse licet, formidatur. Salust. ad Cæs.

*

Dulce matum vindicta.

*

Monarchæ non amant Ordinum Conventua crobriores. Besold. de Simulachris Rerumpub.

*

Semiramis.

*

Ab istis exercitibus, quos defendendt sui causæ attraxcrunt, evertuntur. Peucer. Auxiliætores, ut selet, postea finne domins. Strigel. 2. Paralip. 28.

*

Maxima pars vulgi capitur Ambagibus.

*

Immedicabile vulnus Euse recidendum est. Ovid.

†

See the Irish Bishop’s Sermon at the Hague, in print.

*

See the Case of the Kingdome Stated. Anne 1647.

*

See the Case of the Kingdom, ut supra.

*

In vedire at Spiritualia.

†

Not out of any good will toward England, but because their discipline was not like to be set up here, if Hamilton had prevailed.

*

Indeque frequeniantur Agrariæ Leges; qua probibent, me quis nimis dives efficirur. Besold. in Synops. de Democr.

*

Plebs ut prone iu miscricordiā, ita immodica in savitiam.

†

Clap. de Arcan. dom. pop.

*

Incerti nimirum, solutiq; & magis sine dominio, quam in Libertate. 2. Annal. Genus bominum agreste, sine legibus, sine Imperio, liberū, atque solutum. Salust.

†

Quouiā ca demum Libertas Romæ est, non Senatū, non Magistratus, non Leges, non mares majorum, non Instituta [Editor: illegible word] non Disciplinam vereri Militiæ. Liv. l. 5.

*

Tales longè sunt crudeliores, et longè plus necent quam soli Tyranni, &c.

†

Omnium prope Judicio populari ee qudd inibi liceutia pro libertate habeatur.

†

Componi non possunt, nisi Imperio ad unum devoluto Clapm. de Arc. Imp. l. 2. cap. 14.

*

Eam Rempublican dorscordile civilibus fesson, nomine Principis, sub Imperium accepit. Tacit. Ann. 1.

†

Tumultus populares parturiunt regnum.

*

Aquin. de Regim. Princ. l. 4. cap. 15.

*

Δ[Editor: illegible letter]μοϰε[Editor: illegible letter][Editor: illegible letter]ία ἀϰε[Editor: illegible letter][Editor: illegible letter]ος, [Editor: illegible letter] πολ[Editor: illegible letter][Editor: illegible letter]εία ἀλλὰ πά[Editor: illegible letter][Editor: illegible letter]ων πολ[Editor: illegible letter]ὸν πολί[Editor: illegible letter]είων. Plato.

†

Ex Favore & pretio, populus distribuebat Magistraeus. Polyb. 6. [Editor: illegible word] à preparuts. 1. disc.

*

Summa Rerii sit penes pancos, qui anticellum reliquos virtute & sapiencia Polit. 1.

†

Bodinus. 6. de Repub. cap. 4.

*

Ostracismus used at Athens, as Petalismus else-where; when the People banished any eminent man, the Sentence was written either upon the Shell of a Fish, or an Olive-leafe. Arist. 3. polit. c. 13.

*

Ingrata patria, ne ossa quidom mea habes.

a

Ubi Imperium plebis est, ibi Patricios ac nobites, multis magn squo Injurils, affici necesse est. Arist. 3. polit. cap. 7. Inveratissinum suit in Rep. Romana odium plebis atversùs Patricios.

b

Livius lib. 4. & 5.

†

Clapm. de Arcan. l. 2. C. 13.

†

Auderentue postulare, ut cùm bina Iugera agri plebi dividerentur, ipsis plus quinquaginta jugera habere liceret? Liv. l. 10.

*

If this Government be destroyed, we must expect a regall, or a Presbyterian, or a popular Tyranny.

†

Mach. de Repub. l. 1. c. 16. 17. & 18.

†

Eio suit dami Industriæ, forle justum Imperii animus in consulendo liber; neq; libidini, neque delicto obnexius. Salustius; de Catone in suâ Concione ad Romanes Consules.

*

Sam Daniel. of the State of Britain.

*

Incredibile est memoratus, quatum alepta libertate, in brevi Romana Civitae creverit. Salust.

†

De summoperè placent; cò quod in iis, magis quàm in alio genere Rerumpublicarum, commune bonum conservetur, Ius suum cuique æqualiter distribuatur, Civium animi vehementius ad virtutem, &c. Fr. Guicciard. lib. 10. Hist.

*

Yam obstiuatè Ius suum usericat ut Turelcæ perfidiæ se committere maluerint, quàm Sceptris hæreditariũ eum potivi. Besold. de Successione regia. cap. 5.

*

Orat. ad Epist. Philippi.

†

Curtius, l. 6. suæ demptũ glerie existimans quicquid cecisset aliene.

*

Sepulveda. Comm. ad Arist. Polit. 3. c. 9.

*

Joh. Leo. lib. 8.

*

Curt. apud Alex. lib. 8.

†

Omnes intelligant, salvi esse velint, necessitari esse parendum. Cic. de offic. lib. 2.

a

Tac. Hist. 4. Dissolutionem Imperii doccut, si fructus quibus Republica sustinetur, diminusantur.

b

Tac. Annal. 14.

*

Inter Arma silent Leges.

*

See Axiom. polit. Rich. 57. p. 152.

a

Zanchius, Iunius, Geneva Interpret. Pareus, Diodates Anotations of Divines in locum.

b

2 Sam. 2. 1.

c

1 King. 12. 24.

d

[Editor: illegible word] 7. 14.

e

2 Sam 7. 12.

f

[Editor: illegible word] [Editor: illegible word] [Editor: illegible word] [Editor: illegible word] [Editor: illegible word] ipsi. nec boni fine. quos represset [Editor: illegible word] [Editor: illegible word] [Editor: illegible word] Gentium repagule duplici, Electionis & successionis, &c. Iusti Lipsi polit: l. 2. c 4.

g

Minore discrimine sumi principem quam quam quaeri. Tacit. Hist. l. 2.

h

Quirtum vera regalis Monarchiæ genus est quæ iam temporibus Heroicis voluntate civium, & patria legibus stque institutis approbata est. Aristot politicli 3. num. 85. Luk. 12. 13, 14.

h

Reges enim non solum secondum legibus, sed etiam volentibus, Tyranni autem invitis imperant. Arislot. polit. l. 3. num. 87.

i

Deinde Clana, Cubo sese, sine comitiis consules creabant in [Editor: illegible word] Chro. Carion. li. 2.

k

Ex Dictatore Consulem se cum P. Stevilio ipse tacit. Cluver. Hist. li. 7. pag. 235.

a

A Discourse, wherein is examined. &c. by Ant: Asbeam Gent: Part. 2. Chap. 9. pa. 84.

b

Tyrannus, ab quet titolo qui est invasor, quillbet privatur potest, debet e media tollere: neque enim ille Rex est, sed privata persona, &c. Alsted. Theol. Cas. cap. 17. Regul 8.

c

Magistratus subditos sider, ac cutæ suæ commissos tanquam Dei minister puber. nat. Synops. put. [Editor: illegible word] disput. 50. thes. 3.

d

Principatus est imperium moribus aut legibus delatom susceptum, gestumque parentium bo. no. Iust. Lyps. polit. li. 2. c. 3.

e

Magistratus est publica persona successions, sorte, aut suffragio electa, &c Io: Cab Sphæra, Cin l. 4. cap. 15.

f

Discourse of Ant: Ashcame part. 2. ca 9. page 18.

g

Ioseph. de Bell: Iudaic. lib. 1. cap. 1. Cron. Casion. lib. 2.

h

Considerations touching a warre with Spaine, written by Francis Lo: Verulam, &c. pa. 3d.

i

Non est æquum ut ex actu injusto, ius sibi quis acquirat D. Sand. do Iuramenti oblig. Prælect. 6. sect. 4.

k

O pubes domitura Deos, quodcunquæ videtis pugnan do dabitur: præstat victoria mundum. Cl. Claudiani Giganto machia.

l

Cicero seribens de officiis tertio libro semper Cæsarem in ore habuisse Euripidis versus, quos sic ipse convertit: nam si violandum est ius regnami gratia violandum est. ahis rebus pietatem colas Sueron. in Iul. Cæs.

m

Considerations touching a warre with Spaine. pa. 2d.

n

Gladius (ut ad Romanes hibetur) pace flatibus est [Editor: illegible word] Loc. commun. [Editor: illegible word] 4. ca. 20. loc. 12.

o

Plin. Nat. Hist. lib. 11. Chap. 17.

p

Arist. politic. lib. 1. num. 8. Naturali enim jure meritoq; [Editor: illegible word] ut qui provida mente sagacique fuerit, is imperet, ac duminatur, qui autem corpore viribus & lacertis hæc ipsa obtre onssie, is contra subjiciatur, & serviat.

q

Nec quisquam imperium slagitie quæsitum bonis artibus exercuit. Tacit. Histor. 2.

r

Magistratus eâ lex animata. P. Martyr.

a

Nolite igitus fortunam iu culpam convcrtere; neque regis injuriam hojus crimen putate; nec confillum ex necessitate, nec voluntatem ex vi interpretari. Cicero Orat. 39. pro C. Ra bino possumo. So he defendeth Posthumus his changing his Romantic gown for a cloak at Alexandria as compelled by K: Ptolomie.

b

Augustious ad publicolans. Epist. 154. Gen. 2 l. 31. 31. 31.

a

Regula juris rei impossibilis nulls obligatio.

b

Ars erat esse [Editor: illegible word] [Editor: illegible word] tura petie [Editor: illegible word] Et parner invenem somnoque & morte leravit.

c

Si li cui juratur ratum habuerit iuramentum, & velin servari, non potest [Editor: illegible word] alia quacunq, terria persona [Editor: illegible word] ratle est, quia nemo potest [Editor: illegible word] alteri acquisitum, nisi ipse consenserit adimere. D Saunderson de [Editor: illegible word] 1. rom oblig. prælect. 7. Sect, 8.

d

Dico sexto, relaxationem partis valere ad vinculum juramenti solvendum, quantum ipsius interest: non tamen valers in præiudicium terriæ personæ. Ratio est, quia potest quibbet per actum suum de iure proprio quantum vult remitteret sed non pocest quisquam de alieno iure quicquam demere, ipso vel inconsulto vel invita, si alterius [Editor: illegible word] [Editor: illegible word] aliquo suo iure obligationem non solvi, obligatio non solvitur, Ibid.

e

Having before our eyes the honour and Happinesse of their Kings majesty and his posterity.

f

Promissiones [Editor: illegible word] illæ Ded [Editor: illegible word] præsenti [Editor: illegible word] intelligendæ furit. Quamoth [Editor: illegible word] Dei promissiones [Editor: illegible word] sic oportet cogliare: vel conditionem ahquam conjunctam habent vel abso [Editor: illegible word] ponuntur. Dein vel in hoc tantum tempus valent velin posterun sunt implendæ. P. Martyr loc. com class. 3. ca. 13. Sect. 5. mis cited by him ca. 12.

g

Sed cum illæ ab hominibus præstari non [Editor: illegible word] Deus ex sua [Editor: illegible word] subject promissiones Evangelitas [Editor: illegible word] loco: quæ quim vis conditiones adiectas habent tamen afferuntur gratis. Promissio Evancelica sine allis conditionious conflare potast, [Editor: illegible word] conditiones impossibiles adiecta sont, ut homines [Editor: illegible word] infirmitatis admonerentur ca que ponitus intellecta, so conferent ad Christum à quo recepti in gratiam, adepte iam [Editor: illegible word] illa eadem promissa possens obtinete. Nam quod ad [Editor: illegible word] iam ex legalibus redduniur Evingelicæ. P. Mart. Ioc. com. Class 3 c. 12. Sect. 4.

h

Cal. Instit. 1. 4. c. 20. Sect. 24. 25. &c. P. Mart. Ioc. com. clas. 4. ca. 20. Sect. 12. 18 19. Alsted, Theol. cas. cap. 17. Reg. 8. num. 9. Schar. symph. 5. epoe. Quæst. 44. & 45. cue Perk. cas. consci. B. 3. cha. 6. Sect. 1.

i

Vide Alsted. Theol case 5. Reg. 2. num 3.

k

Vide D. Sanderson de jur. oblig. Pralect. 7. Sect. 3. & 4s They say, in omni voto, aut juramen to subintelligi debere illam conditionem si Domino l’apæ placuerit,

l

Vide D Sander. de iuram, oblig. prælect. 5. Sect. 5. & prælect 7. Sect. 6.

m

Qui sacit quod in se suit ut adimpleret quod promiserat inramenti sidem exolvit. D. Sanders de luram. oblig. prælect 2, Sect. 10.

n

Nec quisquam imperium slagitie quæsitum bonis artibus exercuit Tacit.

o

Et nomen pacis dulce est. & ipsa res salutaris, sed inter pacem & seruitutem plurimum interest; pax est tranquil a liberton servitus malorum omnium postremum, non modo bello sed morte etiam repeltendum. Cicero in M. Anton Philip 1 æ. Prov. 14. 34. 16. 12.

p

Credendum est cui libet artifici in arte fus.

q

Vide D Sanders. de juramoblig. prælect. 6. Sect. 9. Ant. Aschami Discourse 2d. part. Chap. 41.

r

Alterum perjurii genus est ubi juraveris, non syncerè agere, sed novo alique. excogitato commento iuramentivim (salvis tamen verbis) declinare & eludere D. Sanders. de Iuram. oblig. prælect. 6. Sect. 7.

a

Fanatici dicant potestates omnes sic a Deo esse, sicut pestes, morbl, & pænæ a Deosunt. Pareus in loc.

b

Tyrannum absque titulo qui est invaser, quilibee privatus potest, debere medio tollere, neque enim ille Rex est, sed private persons. Alsted Theol. Cas ca. 17. Reg. 8.

c

Non de hoe vel il & principe loquitur, sed de ipsare, Chrysost. apud Pareum in loc.

d

Quinetlam speciem quendam libertatis induxit, conservatis senatui & Magistratibus, & maiestate pristinâ & poreslace; neque tam privatum quidquam, neque tam magnum rublici privatique negotia suit, de quo non ad P. C. [Editor: illegible word] &c. Vide Sueton. Tibet ca. 30, 31, 32. Heb. 13. 7. 27.

e

Tacit. Annal. l. 1. c. 1.

f

Brightman, Mede. Symonds, Napier. Forbs, [Editor: illegible word] Apuc, 17.

g

Vibem Romam’s principio Reges habuete. Tacit. Annal. l. 1. c. 1.

*

Vide Tacit. Annal. li. 1. ca. 1, 2,.

h

Tum vero absent [Editor: illegible word] Dictator creatus pacifq; & belli dominus. Cluveti Histor., mundi, lib. 7. pag. 236. Vide Chreniton. Carton l. 2. pa. 180, 181. Muneribus, monumentis. longlariis, epulis multitu linem impentam [Editor: illegible word] suos præmiis, adversarios elementiæ [Editor: illegible word] [Editor: illegible word] Quid multa? [Editor: illegible word] jam liberæ civititi, pattim meru, pattim patientia consuetudinem serriendi. Cicero in N. Anton Philip 12. Orat. 44.

i

Cæsari quia arms [Editor: illegible word] [Editor: illegible word] pro [Editor: illegible word] Romano imperium à Senatu datum, cum Consularibus ornamentis. Cluveti Histor. lib. 7. pag. 240.

k

Sex. [Editor: illegible word] & Sex. Apuleius Coss primiia verba [Editor: illegible word] Cæsaris [Editor: illegible word] apudque cos Seina Strato, & C. Tutranius: mox Senatus milesque & populus Tacit. Annal. l. 1. ca 2. Vide [Editor: illegible word] in Tiber. c. 14.

l

Sic imperium adepti as popusum Romanum, vel ut ita dicam, hominum penus vnti compotem fruit, [Editor: illegible word] us Princeps, &c Vide Sneton. In Caliguls. c. 13, 14.

m

Vide Sueton. in Tiber. c. 76.

n

Vide eundem in Calig c. 14.

o

Verum postere die Senatu segniore in exequendis conatibus, per tædium, ac dis. sentionem diversa censentium, & multitudine quæ circumstabat [Editor: illegible word] rectorem jam, & nominatim exposcente, armatos pro concione jurare in nomen [Editor: illegible word] passus est. Sueton in Claudi c. 10. [Editor: illegible word] cius imperium non parum contuit Agrippa Res Iudæorum, autor & Claudio [Editor: illegible word] dignitatis, & Senatui non offendi [Editor: illegible word] [Editor: illegible word] Senate segniore in exequendis conatibus, & milite urbano Prætorianis se aggregante, in Claudii [Editor: illegible word] iuratum est. Cluver. Histor. lib. 3. pag 267. Hoc exemplo optimates deserti in magno [Editor: illegible word] esse cæperone, ac deinceps videntes fibl adversationem [Editor: illegible word] non esse, secuti [Editor: illegible word] ad Claudlum translerant. Claudius [Editor: illegible word] in castris [Editor: illegible word] senatum, & indulgenti homort complexus, egressut cum patribus confestim obtulit Deo hostias, [Editor: illegible word] mosest proimperio supplicari. Ioseph. de bello Iudaic. lib. 2. ca. 10. Vide eundem Antlq. Iudaic. lib. 19 c. 3.

q

Sententiam inclitam secuts pattum consulta; nec dubitatum est apud [Editor: illegible word] Tacit. Annal. lib. 12. c. 14.

r

Alfred Theol: cus cap. 170 reg. 8.

s

Aliud est potesta quæ a Den est, aliud acquisitio, & usur; out statis, quæ [Editor: illegible word] alias legitima, alias illegitima. Par. in Rom. 13.

t

Discernend [Editor: illegible word] inter potestatem ‘quæ’ [Editor: illegible word] Deo est, & inter acquisitionem. & [Editor: illegible word] pationem quæ quoad homine [Editor: illegible word] [Editor: illegible word] [Editor: illegible word] non a Deo sed ab hominum affectibus, & Satana malitia. Ib. in Dub. 3.

u

Nulla quaesita setlete potentia diuturna esse potest. Q Curt. apud Lyps. Polit. lit 2. c 4. Quam via enim demersæ sint leges alicujus opibus quimris tremilacta libertas, emergunt tamen hæc aliquande — nec vero ulla via imperii tinea est quæ prements metu possie esse diuturna. Testis est Phalarls, culus est preter cæteros nobilitata crudelitas — la quem universa Agrigentinorum moltitudo impertum, socit Quid? Macedones nonos Demetrlum reliquerunt, universique se ad Pyrrhum contuletunt? Quid? Lacedemonios in Iuste imperantos nonne repente omnes fers socit deserverunt, spect uoresque se otiosos præbuetunt leuctricæ calamitatis? Cicero de officiit lib 2. Ad tempus [Editor: illegible word] insidiosa & violenta valere possunt inventa hominum, sed absque iostitia, & æquitate prevalete non possunt dio: quippe vana & infirma sunt stratagemata civitatis quæ columna virtuos non sulciuneur. Boter Tractit. lib. 8. cap 6.

*

Arelote: autem morsus sunt [Editor: illegible word] libertatu. quam retentæ. Cicero de offic. lib. 2.

x

[Editor: illegible word] Tit. Rempub. Tyrannice, &c.

y

Nunquid [Editor: illegible word] Tyranno peccent illi qui recurrunt ad ipsum pro justitia.

*

Excusatar à [Editor: illegible word] inducendi Tyrannum ad actum, & opus fibi illicitum petences ab illo iustitiam: quia non petunt actum illicitum, sed justitism illius actus illiciti. Sanctè suadetur, quod minus male utatur dominio illo; scils si vis. seu ex quo vis detinere, & exercert hoc dominium, utere illo iusle, utere [Editor: illegible word] utere pie, utere ad [Editor: illegible word] public [Editor: illegible word] & privatorum prout deceret dommium. Conslat [Editor: illegible word] quod non [Editor: illegible word] [Editor: illegible word] petere, ut tyrannut utatur tyrannide, ut usurpet actum [Editor: illegible word] [Editor: illegible word] malient ut [Editor: illegible word] [Editor: illegible word] & iudle [Editor: illegible word] led ex quo usurpat libi dominium ac iudicium, intendunt ut [Editor: illegible word] ut pic utatur usurpito dominio, & [Editor: illegible word] [Editor: illegible word] & qu dintenduor hoc petunt; [Editor: illegible word] qued nec intendunt, non patunt actum usurpatum. sed qualitatem sanctum in actu usurpato [Editor: illegible word] Caietan Summul Tit. Remp. Tyrannies, &c.

a

[Editor: illegible word] fiducia [Editor: illegible word] inferi bellum Cyro [Editor: illegible word] justurn bellum adversus Tyrannum Babylonicum Chr. Cation. li. 2. pag. 69. Balshasar conspicatus Cyri, & Medorum potentiam coalescere, Cræsum ad infringendas corum [Editor: illegible word] incitat. Cluveni Hist. li 6. pa. 64.

b

Agnovit hoc ipse Cyrus, & publico est edicto ad hunc modum testatus: Hæc dicit [Editor: illegible word] Persarum, &c primo Esdra. Musculuin [Editor: illegible word] 45. 18 Cyrus lecto vaticinio Isaiæ de se nominatim edito Isa. 45. proposuit edictam quo Iudæ is in Babylonis captirus, reditum in partiam, & facultatem, in slaur and i templi concessit. [Editor: illegible word] Chronol. in 1 l. Herodat p. 147. Arbitror [Editor: illegible word] & runc cum rexit Persiam Daniel, præsos in Sufis fuisse ejus auditorum Cyrum [Editor: illegible word] & [Editor: illegible word] dediciste veram de Deo, & de [Editor: illegible word] doctrinam, & prædictiones Isaiæ [Editor: illegible word] [Editor: illegible word] nomen Cyri expresse [Editor: illegible word] est. Chron Cation. li. 2. p2. 69.

c

See Annotations of I [Editor: illegible word] [Editor: illegible word] on 2 Chron. 36. 22. & Ezra 1. 2. Diodat. Ibid. Musculu: in Isa. 45. 1. 13.

d

[Editor: illegible word] in August. de clret. Dei lib. 28. cap. 36.

e

Mr. Roberts his Clavis Bibliorum on Ezra.

*

Ezra 7. 7. [Editor: illegible word] with Mehe. 1. 1.

a

Marlorat, Muscal. Dieterius [Editor: illegible word] Deodate.

*

Ita temporarit responssi admirabill sua sapientia, [Editor: illegible word] neutri parti se redderts [Editor: illegible word] Calv. apud Marlorat. in locum.

b

Render as a debt. Rom. 13. 7. Annot of Divines.

c

Non dicit date ergo, [Editor: illegible word] illi interog assent, [Editor: illegible word] date se dicit zeddito tanquam ce quæ erus suut, quæ. que ab eo accepistis. Reddire, inquit, Cæsarl, sed quæ Cæsat tis sent, [Editor: illegible word] [Editor: illegible word] sua iurt postulare potest, Jansen. com. in cove. c. 116.

d

Ioseph: de bello Iudaic l. 1. c. 1. [Editor: illegible word] [Editor: illegible word] carlon li. 2. pag. 138.

e

Iose, de bello Iudaic l. 1. c. 4. 5. 6. Antiq. Iudaic l. 14 ca. 1. 2. &c. [Editor: illegible word] carian li. 2. pa. 118. Stella in lo c 20. 22.

f

Per quæ sicut [Editor: illegible word] imperatorem decust bene voleutia potius quam timore plebem [Editor: illegible word] De bello [Editor: illegible word] li. 1. ca. 1.

(a)

1 Sam. 7. 15.

(a)

Tal. 51.

(a)

Metamorph. l. 1.

(*)

Seldeni Nova ad Eadmerum. P. 190, 191. Exact collection, p. 868, 869.

(*)

See the Lords and Commons Journals, 3. Caroli, Exact collection, p. 885. Mr. St. Johns Speech and Declaration concerning Ship-mony, p. 15, 16.

*

And have not English Horse of late years, and still, been billited in most Counties, for this very end?

*

And are they not so now by a bare White-hall Order imposing them, till 1658.

*

4. Septemb. 1654. In the Painted Chamber.

*

See the Government of the Commonwealth of England, Artic. 30. The Ordinances printed in Folio amounting to near seven hundred and seven, pages.

*

See 21. R. 2. c. 11, 12, 13, 16. 1. H. 4. c. 3. & Rot. Parl. 3. H. 4. N. 21, 22, 36, 48, 66, 70, 81. H. 6. c. 1. 39. H. 6. c. 1. 17. [Editor: ]illegible word] 4. c. 7.

*

Exact Collection, p. 638.

*

See Doctor Beards Theatre of Gods Judgements, l. 2. c. 36 to 42.

*

A Collection of Ordinances, p. 453.

*

See my Irenarches Redivinus neor the end, where it is fully repeated.

*

See Exact Collections p. 789, 790.

*

See 21 R. 2. c. 11, 12, 16. 1 H. 4. c. 3. tot. Parl. n. 22, 23, 36, 48, 66, 70. 39. H. 6. c. 1. 17. E. 4, c. 7. worthy perusal.

*

Now revived and imposed, amounting to forty thousand pound a Month.

*

Was it not a thing of more strange impiety and unnaturalness in the General and Officers of the Parliaments own Army, raised, paved, Commissioned, Sworn, and every way engaged for the defence of the Parliament of England, actually to engage and bring up the Army again and again, to Impeach, Secure, Seclude, and Dissolve both the reall and pretended Parliament of England before and since this Declaration?

*

The Officers and Armies coming in person to seize forty three Members at once, seclude above two hundred more, and the whole House of Lords was certainly a farre greater Offence, especially after the branding of the Kings Act, and his repentance for, and disclaimer of it.

*

But the Army Officers, with some Thousands of the Army, better armed and provided.

a

Fox Acts and Monuments in the oldest Edition, p. 7. 41 See A New Discovery of the Prelater Tyranny, p. 210, 211, 212.

a

Prov. 3. 27.

b

Psal. 39. 13.

*

Which acts make it high treason to proclaim Charls Stuart, or to set up any one man in the supream Magistracy.

*

As is clearly proved by the printed speeches of severall of the prisoners in Northhampton and Eversham Goals.

a

Mat. 24. 51. Rev. 3. 15, 16. See Mat. 6. 5. & 33. 13, 14.

b

1 Joh. 5. 10.

c

1 Joh. 2. 13.

d

Jam. 4. 1, 2, 3, 4.

e

Eph. 2. 2. 3. 5, & 6. ii. & 2 Cor. 4. 4. Jam. 1. 13, 14, 15. Joh. 12. 3. & 16. 11. Rom. 6. 16. 20. & 2 Tim. 2. 26. & 2 Pet. 2. 19. & 1 Joh. 3. 8. 10.

f

Rom. 6. 20, 22, 23. & 8. 1, 2, 3, 4. Rom. 14. 17. & 15. 13, 14. & 1 Cor. 4. 20. & 2 Cor. 4. 6. Gal. 5. 22, 23, 24. Eph. 5, 7, 8, 9. Heb. 12. 22, 23. & 1 Joh. 1. 5, 6, 7. Rev. 6. 14, 15, 16, 17. & 21. 3, 4. 22, 23. & 22. 1, 2, 3, 4. Isa. 60. 19, 20, 21.

g

Joh. 18. 36.

h

Joh. 18. 10.

i

Luke 22. 50. [Editor: illegible word]

k

Mat. 26. 51, 52, 53. see Gen. 9. 6. Rev. 13. 10.

l

A constituted full Roman Legion of souldiers, at this time as I remember the Roman Histories, was reputed to be commonly about 70,8000, men.

m

Mat. 6. 24. Luke 16. 13.

n

Joh. 8. 34. 41, 42, 44. Rom. 6. 16. & 2 Pet. 2. 19. & 1 John 3. 8. 10.

o

Rom. 6. 17, 18, 20, 21, 22, 23. 1 Joh. 1. 6. & cap. 3. 3, 4, 5, 6, 9. & 5. 1, 2, 3, 4, 18, 19. Joh. 7. 17. & 8. 31, 32. & 9. 31. & 12. 26. & 14. 15. 21, 23, 24. & 15. 4. 7. 10. 14.

p

Joh. 17. 3.

q

1 Thess. 4, 5. See Tit. 16. Ex. 5. 2. Psal. 79. 6. Jer. 10. 25. Ro. 1. 19. 21. Eph. 4. 17, 18, 19.

r

Levit. 26. 12.

s

Isa. 52. 11.

t

Jer. 31. 1.

u

2 Cor. 6. 14, 15, 16, 17, 18.

w

1 Joh. 2. 15, 16, 17.

x

Luke 16. 15. See chap. 6. 14, 25, 26. Mat. 13. 13. Joh. [Editor: illegible word] 41. 44. & 7. 17, 18. & 8. 50. 54. & [Editor: illegible word] 42, 43. & 15. 19. & 16. 35.

y

1 Cor. 7. 13.

z

1 Cor. 6. 20. see chap. 3. 16, 17. & 2 Cor. 2. 5. 15. 17. &c. Psal. 1. 10. see 4. 3. 9, 10. 11. & 5. 1 Col. 2, 8. 20. 22.

a

Rom. 22. 1, 2.

b

2 Cor. 5. 17.

c

Mat. 3. 34. 37, 39, 40, 41, 45, 46, 43. & 6. 25 31, 32, 33. and 7. 12, 13. and 23, 3. 5, 6, 7. and 9. 10. Matk 12. 14. Luk. 20, 21. Act 10. 34, 35. Deu. 10. 17. Esth. 3. 2. 5, 6. Job 32. 21, 22. Prov. 10. 20. & 18. 21. Rom. 2. 11. and 1 Cor. 2. 16. and 15. 33. Gal. 2. 6. Eph. 4. 2. 9. and 5. 4. and 6. 9. Phil. 2. 5. Col. 3. 13. 8, 5. 16. & 4. 6. 1 Tim. 1. 10. & 6. 3, 4, 5, 6. & 2 Tim. 1. 7. 13. and 4. 3. Tit. 1. 19. 17. and 2. 1, 2. 8. Jam. 2. 1. to 10. and 5. 12. and 1 Pet. 1. 15, 16, 17. and 4. 12. and 2 John 9, 10, 11.

d

2 Cor. 10. 3, 4, 5.

e

Eph. 6. 13, 14, 15, 16. 17.

f

[Editor: illegible word] 12, 13.

g

Act. 2. 37. 41.

h

Rev. 1. 16. and 2. 12. 16. and 19. 15. 21. Hos. 6. 7.

i

Matt. 5. 39, 40, 44, 45, 56.

k

Gal. 6. 10. and 1 Thes. 3. 12. & 5. 14, 15. 1 Joh. 4. 16, 17.

l

Pet. 1. 15, 16.

m

Matt. 5. 48.

n

Ila. 2. 2, 3, 4, 5.

o

Esa. 11. 6, 7, 8. 9. & 65. 25.

p

Esa. 54. 14. & 66. 11, 12.

q

Esa. 60. 18, 19, 20, 21, 22. See ch. 40. 19, 20, 21, 22, 23, 25, 26. Rev. 7. 14, 15, 16, 17. & 21, 1, 2, 3, 4, 5. 10. 11. 22, 23, 24, & 22. 1, 2, 3, 4, 5.

r

Esa. 30. 20, 21. see ch. 24. 18, 19. & 35. 7, 8. & 42. 2, 3, 4. 7. & 44. 3. & 51. 7. & 54. 13. Prov. 6. 22, 23. Pf. 37. 31. Deu. 18. 15, 16, 18, 19. & 34. 6. Jer. 24. 7. & 31. 31, 32, 33, 34. and 32. 14, 15. Ezc. 11. 19. & 34. 22, 23. 24, 25, 26. 27 & 36. 21, 25, 26, 27. 28. and 37. 22, 23, 24, 25, 26, 27, 18. Joel 2. 28, 29. Matt. 11. 17. Luk. 10. 22. Joh. 1. 5. 9. 12. & 3. 21. & 6. 41. 45. & 7. 37, 8, 39. and 9. 5. 39. & 10. 7. 9, 16. & 11. 9, 10. 25. 22. 12. 35, 36, 46. 48. and 14. 16, 17, 18, 19. 23 26. and 15. 5. 15. and 16, 17, 18. 13, 14. 26, 27, 28. Act. 1. 4. and 2. 4. 6, 17, 18. Rom. 10. 7. 8, 9, 10. Gal. 1, 15, 16. Heb. 6. 7. 8. 9. 10, 11. and 10. 16. 19, 20. and 1 Joh. 2. 2. 20. 27, and 3. 24. and 4. 13. and 5. 10. see Act. 17. 27, 28. 31. and 26. 16. 18. Rom. 1. 19. 21. and 2. 15. 26, 27, 28, 29. and 1 Cor. 7. 19. and 2 Cor. 2. 3. & 4. 6. Gal. 3. 3. & 5. 5, 6. & 6. 15. Phil. 3. 3. Col. 2. 11. & 3. 11. & 3. 11. & 1 Tim. 4. 10. Tit. 2. 11, 12. & 1 Joh, 1. 5, 6, 7.

*

Reformatio semper dibet incipere in capite, et sic de Gradu gradatim ad imum.

*

At the end of the solemn League and Covenant, printed by both Houses orders by it self, and sent into all Counties: and in A Collection of Ordinances, p. 426, 427, 128.

*

See the Commons Remonstrance 15 Decemb. 1641. Exact Collection p. 4, 5, &c.

(a)

2 April 1628.

*

See the great Charter of King John. Mat. Paris p. 248. Magna Charta. 9 H. 3. c. 29. 5 E. 3. c. 9. 25 E. 3. c. 4. 28 E. 3. c. 3. 37 E. 3. c. 18. 42 E. 3. c. 3. 2 H. 4. rot. Parl. n. 60. 69. The Petition of Right. 3 Caroli.

(b)

4 April 1628.

*

Mag. Charta, 9 H. 3. c. 29. 35 Eliz. c. 2. 3 Jac. c. 5. Daltons Justice of Peace, c. 45. 9 H. 5. c. 8.

(c)

7 May, 1628.

9 H. 3. c. 29. 5 E. 3. c. 9. 25 E. 3. c. 4. 28 E. 3. c. 3. 15 E. 3. c. 1, 2. 1 H. 4. rot. Parl. n. 43. 44, &c. Petition of Right, 3 Caroli. See My Discovery of Free-state Tyranny, p. 39 40, 41.

†

Petition of Right, 3 Caroli.

(d)

4 April, 1628.

*

Mag: Charta, c. 30. 25 E. 1. c. 5, 6. 34 E. 1. De Tallagro non concedendo, c. 1. 14 E. 3. stat. 1. c. 21. stat. 2. c. 1. 15 E. 3. stat. 3. c. 5. 27 E 3. stat. 2. c. 2. 38 E. 3. c. 2. 1 R. 3. c. 2. 21 E. 3. rot. Parl. n. 16. 25 E. 3. rot. Parl. n. 16. 36 E. 3. rot. Parl. n. 26. 45 E. 3. rot Parl. n. 26. 1 H. 4. rot. Parl. n. 32. 43. 11 H. 4. rot. Parl. n. 50.

*

See rot. Par. 17 Iohannis 22, 23, 24. dors. Mat. Paris p. 243 to 255. 305 to 312. 838, 839. 878. 890, 892. 938, 940, 941, 960. & 25 E. 1. c. 1. &c. 28 E. 1. c. 1. & Claus. 28 E. 1. m. 7, 8.

*

Exact. Collect. p. 20, 21, 309. 326.

(e)

25 Iune, 1628.

*

Mag. Charta, 9 H. 3. c. 20. 25 E. 1. c. 1. 6. 34 E. 1. c. 1, 2. 14 E. 3. stat. 1. c. 21 stat. 2. c. 1. 35 E. 3 stat. 2. c. 1. 15 E. 3. stat. 3. c. 5. 1 R. 3. c. 2. 21 E. 3. rot. Parl. n. 16. 36 E. 3. rot. Parl. n. 26. Exact Coll. p. 382, 383, 884, 857, 858.

(f)

Exact Collection, p. 789, 790, &c.

(g)

11, 15, 19 Iune 1628.

(h)

Exact Collection p. 885. 6. Mr. O: St. Iohns speech and Declaration concerning receiving ship-mony p. 13. 15. 16, 19. See my Declaration and Protestation against the intolerable extortion of Excise.

*

1 E. 3. stat. 2. c. 5. 4 H. 4. c. 13, 25 E. 3. c. 8. Exact Collection, p. 877, 878, 879, 880.

(i)

Exact Collection, p. 389, 390, &c, 435, 436, 877, 878, 879, &c. 887.

*

Exact Collect. p. 885.

*

Articuli super Chartas, cap. 20.

(k)

22, 23, 24, 25 March, 1628. and sundry daies after.

*

52 H. 3. c. 5. 25 E. 1. c. 1, 2, 3. 28 E. 1. c. 1, 2. 1 E. 3. Stat. 2. c. 1. 9. 2 E. 3. c. 1. 4, 5, 10, 14, 15, 25, 28, 31, 36, 37, 38, 42, 45 E. 3. c. 1. 1, 2, 3, 5, 6, 7, 8, 9, 12 15 K. 2. c. 1. 2. 1, 2, 4, 7, 9. 13 H. 4. c. 1, 3, 4. 9 H. 5. c. 1. 2 H. 6. c. 1. 11 H. 7. c. 1.

(l)

21 Junii, & 9 April 1628.

(a)

19 Martii 1627.

(b)

6 H. 4. n. 8. 3 H. 4. n. 8 &c. 9 H. 4. n. 12, 13, &c. 11 H. 4. 1. 10. 11 13 H. 4. n. 10. 11. Cook 4 Instit. p. 8.

(c)

29 Martii 1628.

(d)

See my Plea for the Lords, p. 50, 51, 52. & 8 H. 6. n. 57 William Mildreds case, Burgess of London.

(e)

3 & 5 Maii 16. 8.

*

See My Plea for the Lords, p. 6.

(f)

Exact collection p. 34. to 57. 66, 67. &c.

(g)

Jan. 1648. See the History of Independency.

(h)

The Levellers levelled, [Editor: illegible word] p. 21. 22. My Plea for the Lords, p. 25. &c.

(i)

Mat. Paris Hist. Angliæ, p. 247. See My Plea for the Lords, p. 5, 6.

(k)

Exact Collection, p. 655, 657, 723, 724, 726, 727.

(l)

Exact Collection p. 724.

*

Artic. 27, 28, 29.

(n)

12, 13 May 1628.

*

See Cocks 2 Institutes 198, 169.

*

Walsingham, Hist. Angliæ, p. 414. Sir Edw. Cooks 2. Institutes c. 1: p. 10.

*

7 H. 4. c. 15.

*

29. & 30 Maii, 1628.

*

See Cooks 11. Report, f. 84, 85, &c.

*

See my humble Remonstrance against Ship money. p. 8.

*

24 & 28 March. 2 & April. 19 M. &c. 1628.

(o)

Hovenden Annal: pars posterior p. 700 to 736. Nubrigensis Hist. l. 4. c. 14 to 19. Godwen in his life p. 247 to 271. My new Discovery of Preeslate Tyranny p. 77. &c.

(p)

See Ture, [Editor: illegible word] Status & descriptio Lugauni. 1634.

(q)

See the Declaration of March 17. 1648. with the sentence against him.

*

And now in more places the Souldiers have wholly withdrawn them both from our Churches and Ministers. See Mr. Edwards Gangrena.

*

And are they not much more so now?

*

Are they not new so more than ever?

*

Are not many Souldiers now secretly such, & openly Anabaptists, Quakers, Sectaries, revilers of our Church, Ministers? And are not some of their commanders likewise such?

*

In the Collections of Ordinances, printed by both Houses orders.

*

Printed 1647.

*

January 1648.

(c)

See the Epistle and Appendix to my Speech in Parliament, and the History of Independency.

(d)

Cook 4. Instit. c. 1. & modus Teneadi Parliam.

*

See the Epistle to my Speech in Parliament, p. 15, 16.

(e)

Their Remonstrance and Representation, Aug. 2. & 18. 1 & 7 Decem. 1647. Their Charge, June 14. 1647.

*

Their Instrument of Government, art. 14. 16.

(f)

Article 14. 16.

[f]

Fortescue c. 8. 1 H. 7. 46. 16 H. 6. Fitz. Monstran. d’Faits 182.

*

See Purches Pilgrinage Bo. 6. c. 6. & Heylyns Microcasm.

(1)

See Bastals Tenths and taxes and all the Acts for Subsidies, Tunage and Poundage.

(2)

Magna Charta c. 37 & 52 H. 3. c. 5. 25 E. 3. c. 1, 2. c. 28 H. 8. c. 1. Mat. Paris Hist. Angliæp. 311. 355. 367. 421. 576. 624. 688. 838. 833. 338. 940, 941. 960.

(3)

4 Institutes c. 1. p. to 25 to 35.

(g)

See my Gospel plea for the Ministers of the Gospel.

(h)

See my New Discovery of Free-state Tyranny.

(i)

Adjudged illegal 1 E. 3. c. 15. and 1 E. 3. rot. 2, 3. 4.

(k)

4 Decemb. & 17 March, 1653. May 4. 1654, &c.

(l)

See my second Demurrer to the Jews Remitter into England.

*

Trogus [Editor: illegible word] & Justin. Hist. l. 1. Hero dotus, l. 1. 2. Diodorus siculus, lib 2.

*

Paterculus Hist. l. 2. & 3. Plutarch. in his Life.

*

Suetonius, Plutarch, Futropius, Grimston and others in his Life.

*

Cato said of Pompey, It was alike Treason in him to usurp the giving him his life, as to take it away.

*

See Plutarch. the Life of Timolion, cited in the Continuation of this Session of Parliament justified, lately printed.

(a)

Pol. l. 1. c. 1.

(b)

Gen. 44. 24.

(c)

Arist. ibid.

(d)

1 Tim. 5. 8.

(e)

Ex. 21. 5.

(f)

1 Sam. 10. 2.

(a)

1 Sam. 12. 2.

(b)

1 Sam. 16. 14.

(c)

2 Sam. 2. 4.

(d)

2 Sam. 5. 3.

(e)

2 Sam. 5. 3.

(f)

Deut. 17. 14.

(a)

An. lib. 16. Idem alibi. Cœterum libertas & Speciosa nomina prætexuntur, nec quisquam alienum servitium, & Dominationem sibi concupivit, ut non eadem ista vocabula usurparet. Mach. Discor. l. 2. c. 13

(b)

Il. princ. c. 9

(c)

Disc. l. 2. c. 13.

(d)

Prin. c. 18. Arist. Pol. l. 5. c. 11. Plato de Repub. l. 8. Ibid.

(a)

Preces & Lacrymæ sunt arma Ecclesiæ.

(b)

Pol. lib. 5. c. 11.

(c)

Ames Parentem si æquus est, si non, feras.

(d)

Sicut sterilitatem, aut nimios imbres &c. Tacit.

(e)

Gen. 16. 12.

(a)

Pol. lib. 3. c. 12.

(b)

Lib. 5. c. 8.

(c)

De sur. bel. l. 3. c. 8.

(a)

Let his Highness Junto marke this. De Repub. lib. 8. In Publici.

(b)

Regulus Qui longum semper sama &c.

(c)

Utique morietur virille Deut. 17. 12.

(a)

Vid. Et. Governador Christiano. c. 8. p. 40.

(b)

Qualquiera tiudadno me de repeter la fuerca, &c. Judg. c. 3. v. 11, 19, 20.

(b)

Discor. l. 1. c. 24.

(c)

Disc. l. 3. cap. 3.

(f)

De Repub. lib. 8.

(a)

Disc. lib. 2. cap. 14.

(d)

Tacit. Hist. lib. 1.

(e)

de Repub. lib. 9.

(f)

Cic. Phil. 4.

(a)

Pol. lib. 3. cap. 11.

(b)

Lycurgus. Theopomo. Plut. in Lycurg.

(c)

Vid. Orat. Cæsaris in Salust consp. cat.

(a)

Math. Pr. c. 5.

(b)

Ibid. c. 3.

(a)

And what may Cicil and Toop expect for their Treachery and Perjury?

(b)

He hath now left that Title for Highness; and will shortly leave that for King.

*

Lieut. Gen. Fleetwood.

*

I do not mean Fundamentals.

*

The Parliament.

*

Cromwell and his Creatures.

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