An Additional DISCOURSE Relating unto a Treatise lately published by Capt. ROBERT NORWOOD, INTITULED, A Pathway unto Englands perfect Settlement.

Many things therein are more fully opened, several Doubts and Objections answered; a brief account given of the Ancient Laws, Customs, and Constitutions of this Nation, before and since the Conquest, so called.

With something concerning the Jewish CIVIL CONSTITUTIONS.

With a brief Answer to Mr. John Spittlehouse, in his Book bearing title, The first Addresses to his Excellencie, &c.

In Paules Church Yard Att The Richard

London, Printed for Richard Moon, at the seven stars in Paul's Church-yard, neer the great North-door. 1653.

For the Gentlemen met, assembled, and sitting together in Councel at West­minster.

Sirs,

THe end of every good man is Peace; and the Way of every truely-wise man is one and the same with his End. As is the End, such is or should be the Means thereunto. To a peaceable End, is there­fore a peaceable Way required. We all conclude in this, That unto every certain prefixed End appointed by God unto man, there is, and of necessity must be, a certain prefixed Way and Means appointed by him also unto that end; and that in the finding, at­taining, and continuing in the Way, we shall certainly and assuredly finde and attain the End also.

Every man almost is found a strong (at least) preten­der unto Peace; various and several ways, according to the various and several mindes and opinions of men, being accordingly offered and proposed. Materials for a Building are called for, but contrary and unsutable things are brought, which speaks us still much Nim­rod-like in the building of his Babel. We are in con­fusion, [Page 2] without dispute; may it be the time of Englands coming forth. I know there is a set and appointed time for every purpose under the sun; a time for War, as well as a time for Peace: O may it be the time of Eng­lands peace and rest, at least within it self, in reference to it self. I will hope, I will pray, I will beg and bow that it may. I have therefore, and unto this end, with no little diligence, made search for, and enquiry after the way and means; and have thus found and concluded,

That all the several Differences, Disorders, Dissen­tions, and Wars, and so consequently the Ruines, Deaths, and Destructions that have so constantly at­tended and befallen mankinde, have principally, if not onely been caused and occasioned from that desire of Soveraignty, Rule, Power, and Dominion, which some man or men do or would assume, usurp, and exer­cise over others, whether in things Civil or Religious, as we call and (I know not why) distinguish them, or make them distincts or severals, as if it were not Reli­gion, the Service and Worship of God, to love our neighbour as our self, to do good, to be just, righteous, pitiful, and merciful unto all men: doubtless it is, and it is pure and undefiled Religion too. Why the six last Commands should be more distinct and several, and by many set so much below the four first, then all or any of the ten should be one from another, I know not, except for number sake onely, or something there may be in order of Causes, (as we use to speak) as the first, and so the four first, may be the ground of, leader and directer to the other: but there is not, neither can there be, any or the least difference in respect to their essence and being; for the one is not, neither can it be [Page 3] without the other: and therefore, as it is written, He (I am sure) who breaks any one of them, breaks all and every one of them, such is their unanimous union. And ve­rily, these Divisions and Undoings have and do divide and undo us all; let it be look'd to. Pardon this long Parenthesis.

And the reason of the aforesaid Position lieth strong: for thereby is not onely the Law of mans Na­ture violated, his Light extinguished, his Lord suppres­sed; but there is there with also a seed sown, a founda­tion laid of continual Enmities, Emulations, Strifes, and Contentions; oft-times such, which will not, nor which cannot cease, and that unto many Generations, until it have again recovered and secured its own proper first native right, liberty, and freedom; no not, although it be with the utter overthrow, ruine, and destruction of him or them who have thus usurped. Nay, to tell you the truth, as the truth is, Except a very strong, even an Al­mighty interceder, interposer, or interposition be made, and come between, to reconcile and unite, there must be a constant and continual succession of bloodshed, ru­ine, and destruction, even unto all eternity: and it cannot possibly be otherwise, (as I could plainly demonstrate to you, but that I hasten) such and so great is the Enmi­ty raised and begotten thereby. And indeed, the thing shews it self; it is so at this day, hath been so from the beginning of Nimrod's setting up: which is so plain in the Scriptures, and so visible through all the Nations and Kingdoms of the earth, as that indeed it needs no other proof.

The Law of his Nature, I say, is thereby altogether violated, he having the absolute entire Rule and Go­vernment [Page 4] of himself, in himself, inseparably united to him, in his very essence and being: so that none whom­soever, upon any pretence whatsoever, may or ought to chalenge, assume, or exercise, in any measure, in any kinde or sort, any right or power with him or over him therein: for he was made perfect, and Perfection ad­mits of no more, of no supplement or addition; for then not perfect: but he was made up—right, in the highest perfection in righteousness, in the image and likeness of God; and therefore hath God given him this Command, That he should have no other gods, nor should he bow down unto, serve, or worship any be­sides him. And this is the indubitable law of his Na­ture, which he may not relinquish, part with, nor de­part from; neither suffer himself, in any case, to be rob­bed or bereaved of, or overcome in, by any tempta­tions, assaults, or allurements whatsoever: for so much and so far as he doth, so far and so much is he still in the land of Egypt, and house of bondage; yea, and brought under the power and dominion of darkness and death also, as Adam was.

And God never did nor doth command or forbid any thing contrary to the Laws of Nature; for that were to deny himself, which he can by no means do: for Natures Laws, Bounds, and Limits, are all given, set, ordained and appointed by himself, unto each and every thing, according to the nature, use, and end there­of; the breach and violation whereof, is the very, cer­tain, true, and real cause and occasion of all the several evils or calamities that are in the world.

In a Book I lately published, which I call England's Centre and Foundation of Peace and Rest, I there shew, [Page 5] that Rule and Government, properly and truely, is to rule, govern, guide, and direct, the thing or things to be ruled and governed, in their certain, proper, true, just, and right way, unto their certain, proper, true, just, and right ends; and that therefore it was abso­lutely necessary to him who would rule and govern a­right, that he do certainly know the very certain, in­trinse nature, property, and quality of the thing or things to be ruled and governed; otherwise, he disturbs and disorders them, turns away and turns aside the thing or things from him, which he would rule and go­vern to his use and service; and not onely so, but also makes, procures, and causes them to be or become his hurt, loss, and detriment, yea his deadly (as we use to speak) foe and enemy. To which Treatise, for more and more full satisfaction in these things, I refer you.

This Soveraignty, Rule, Power, and Dominion, was (so far as we can understand) first assumed, usurp­ed, and exercised by Nimrod, that mighty hunter, as the Scripture calls him; he layd the first foundation, and from him hath it continued successively, more or less, thorowout the whole world (as may be easily seen) to this day: but it is even almost finished, & come to its de­terminate end: He would be the God and Lord in and over all; he it was that would build, form, shape, and fa­shion all men according to his minde and mould; when­as, in truth, the physiognomies, shapes, and forms of men, are not more various and differing, then are their Mindes and Spirits. Wherein appears the manifold wonderful wisdom of God; yet this wonderful varie­ty, in, by, and through the love of the same God, (who [Page 6] is one entire perfect unity) (the which love is light, and the which light is life; for the love is the life of God, in which he onely lives, and after or in respect to which onely he IS, and is and can be truly said to be the everliving God) are all and every variety gathered together, firmly knit and tyed up in one entire Unity; herein indeed lying, being, and consisting the glo­ry and beauty of the whole Creation, Unity in Varie­ty, and Variety againe in Unity, else were it a nothing but a meer heap or lump, and the bond, O the bond, the bond, the bond, which is Love.

We see it thus in the natural body; there are several various and divers members, and divers several various works and operations, severally belonging unto each and every one of them, every member being perfectly and absolutely distinct in it self, & distinct in its Office, operation, imployment, and business; yet through the Love being bound up, tyed and knit together, make but one entire Body, each member serving other in its particular place and office in the Body, according to the Laws and Ordinances thereof; the Whole or the One being served of the Whole, insomuch that the Whole and every part is presently sensible of the loss of any the least part. We see it also in those things we call Contraries, as in Fire and Water, Air and Earth; which I call Severals, or Divers. We see all mixed bo­dyes made up thereof, and that into one most sweet Harmony and perfect Unity, even of those contraries so called. O the Love, the wonderful power, vertue, and operation thereof! though I chuse rather to call them Severals, or Divers; for in themselves, in their true nature, essenc, eand being, they will not be found so, [Page 7] but the excess or the going forth or out from the U­nity, in desire and endeavour to be or have the Supre­macy, hence onely grows and arises the difference and the enmity, as we may plainly see in fire and wa­ter, the one cold and moist, the other hot and dry, yet each of them eagerly thirsting after, freely and fully joyning and mixing with the other, in one entire and perfect Unity: as we see in every perfect generation, where the desire and intensness of supremacy ceases, the onely cause of all the enmities in the whole Creation, and whose generations never were, are, or possibly can be perfect, but crooked, perverse, impotent, and feeble; so that it is plain, that which makes the difference, and so causes and occasions the enmity, is the excess or ex­orbitancy.

That then which must give, and so keep, maintain, continue and secure a true and right order, and so con­sequently strength, peace and rest, life and salvation, must be the keeping of the Laws of God in nature, whole, entire, and inviolate; it must be the taking away, keeping out, and securing our selves in the point of Su­premacy and Soveraignty, or rather excesses and exor­bitancies, in that we call Rule and Government, which is, and of necessity must be, of a just, due, right, and true commixion, composure or temparament; and in truth, that is truely the onely and alone Supream and Soveraign, where, when, or in which all the Severals or Individuals do meet, unite and concenter together in one: no one or more part or parts whatsoever can in any proper and true sence be called or said to be the Soveraign or Supream; but the Soveraignty and Su­premacy lyes in the union and conjunction of all and [Page 8] every part into one; which one is the Center, the which Center is the onely Soveraign and Supream, from whence onely each and every member had, hath, and can have their being, life, and motion, and unto or into which they do again return, remit, and rest them­selves in peace and quietness; the secure, entire, safe, and inviolate keeping whereof, keeps, supplyes, and secures each and every part with life, health, and strength, in their orderly, right, due, just, and true mo­tions.

Gentlemen, my end and onely end is peace, safety, security, happiness and rest, life and salvation unto all in and of this Nation; my way also unto this end is peace­able; therefore I propose not any new thing, nor would I that any should, so as to bring us unto it, or that any new thing should be brought unto us, which may, con­constantly hath, and necessarily doth cause an occasion many, long, great, and hot contentions, emulations, strifes, hatreds, and wars, and those not without the effusion of much blood; but that each and every man of us may return into or unto our true, proper certain, and fixed Center, unto our most sure, firm, and stable basis and foundation, that we all be fully and wholly, perfectly, and compleatly, brought under and restored unto the subjection and protection of the ancient known fundamental laws, customs and constitutions of this English Nation, the laws of our fore-Fathers and those onely; and that those be wholly and intirely restored unto us, with their due, just, and true admini­stration and execution; and that done and performed also, by such men and means, in such way and manner, and such onely as of old, even in the beginning hath [Page 9] been and was used, accustomed, allowed, ordained, and appointed by our fore-Fathers; wherein and unto which onely and alone, and unto the very true obser­vance and keeping whereof, I hold my self wholly bound and obliged, and profess my self wholly and altogether subject. In the Treatise before mentioned, I shewed that light is the only true and certain Ruler and Governour of all things; and that because it, and it onely, carries, guides, directs, and governs all things with ease, peace, quiet, and safety, in their proper, true, just, and right way, unto their proper, true, just, and right ends; therefore, as in the great world God the Crea­tor of all things hath ordained and appointed, set up and made visible, a certain, constant, fixed light, for the rule and governance thereof, and all things therein; so also hath he in every Microcosme of the same, ac­cording to the nature, use, and end each thing is by him appointed to. Were it not so, and so much, and so far as it is not so, even so, much, and so far there is, and of necessity must be confusion, darkness, and death in and unto each and every created thing, as is evidently to be seen day by day, as when the Sun is clouded, eclipsed and goeth down, as we call it. Man, he also, so much, & so far as he is brought forth after, or ri­ses up in and with his Image, the Image and likeness of God; even so much, and so far doth he make and create his things in the very self-same Image and likeness; of which you shall finde more and more plainly in the forementioned Treatise.

It is absolutely necessary therefore, that to the right, easie, safe, quiet, peaceable, & secure, ordering, ruling and governing of a Common or Commune weal (for so it [Page 10] was in the beginning; it is an old word, and it is a good word) that there be a common, or commune Law (ours is so, and so called) a law equally common unto all men, or a law in which each and every one hath a like and the same common or commune right and propriety, and from or by which all and every one are to have a like justice and equity done them, without any the least respect to any kinde, sort, or degree of Persons whatsoever, else it loseth both its use, name, and end; it is the same for rule, government, guidance and di­rection, the same for safety, security, and protection, and alike the same unto all and every one, and alike the same against all and every one, who shall any wise, by any means, in any kinde violate, infringe, and break the same: It is necessary therefore that this Law be fixed, certain, constant and unchangeably one and the same; as it is in the great light which God hath set in the great world, to direct, guide, and governe us in and un­to all things: otherwise, so much and so far as it is not so, so far and so much doth, and of necessity must disor­der, darkness, confusion, and death overtake, fall and seise upon each and every one of us: and this hath been and is our case and condition in England at this day.

England, or the Englishmens Law, be it known unto all the Nations, Kingdomes, and Peoples in Heaven and in Earth is this, as you shall finde it was in King Ethelrees Parliament enacted, That each man should do as he would be done unto, which it calleth the most right Law; and that the higher and greater men the Delin­quents therein and breakers thereof were, by so much the more and heavier they should be punished.

Upon which Law of Lawes, are our Lawes firmly [Page 11] founded, both as they are in themselves, and in their whole administration also (which, had I time, I could prove and particularly manifest) that is their only and alone Basis and Foundation, upon which they stand and center in; That in all things they carry along with them, in their very essence and being, yea in their very face and foreheads: upon that, as upon their true hinge, they hang, winde and turn in all things, at all times, in reference unto all men. That Parliament hath it far­ther thus: that Efferatur consilium, quod populo habeatur utilissimum; and again, In rem totius patriae. It would be too tedious to shew how often, by whom, at what time, and upon what occasions they have been inter­rupted, and both we and our laws invaded, trespassed, and trampled upon, ever by such who have gone forth from, or out of the union into exorbitancie and excess, breaking the limit which nature, the God of nature, and our Laws had given and set unto them; wherein (as is plainly to be seen in our Histories) they have constanly broken, undone, ruined and destroyed themselves and theirs) and at what times, by what men and means in part redeemed, restored, and recovered again; and therewith how much of our fore Fathers blood it hath cost; yet never did, nor ever could any whomsoever, by all their indeavours, policies, and force they could use, work its extirpation in the least; but the next generation of those who have invaded our Land, have agreed and consented with us in them, and stood with us to maintain them; yea the very In­vaders themselves (as I shall shew anon) onely they they thought them too straight and strict as unto them­selves (in reference to that state of Supremacy, wherein [Page 12] through the ambitiousness, irregularity and exorbitan­cy of their minde, they desired to stand) have therefore caused and procured the making of some Acts, Statutes, or by-Laws, as they are called; and those through the corruption of the Ministers thereof, put in execution also; and so, a many undue, unjust, and irregular Proces and proceedings, judgements and executions, have been had, made, and done upon the same; although nothing be better and more certainly known unto the Students, Practitioners, and Ministers of the Law, then that all Acts of Parliament whatsoever, having not their foundation plain and visible in our common Law, are in themselves voyd and null, and ought not, upon the highest penalties, be put in execution; and how of­ten it hath been so adjudged, that Affirmative Statutes do not annul the common Law, and that one may pre­scribe against a Statute negative, in affirmation of the common Law, for which the comments on Littletons Burgage: Yet, I say, nevery did, nor never could any whomsoever extirpate the same; for the root thereof is too strong in nature to be rooted out, vanquished or destroyed, and strongly and deeply rooted even from Heaven it self in the hearts of Englishmen; It, that is, the true English Law, being the most just, the most e­quitable, the most righteous, and the most merciful Law in the whole world, and that in the whole pro­cess and administration thereof also.

The Laws of England, or the Englishmens Laws, even the Laws of our fore-fathers, of whom Nennius confesseth that the British Annales had the descent of their Brute or Britto from J [...]phet (obtaining Europe with the British Isles, for his portion; of which Noahs will in [Page 13] Eusebius) whose genealogy through 20 descents to Noah and Adam, he saith he had from the traditions of those that lived here in the first times of the Brittons. And why may it not be so? our laws speak their original from the first and purest of times, long before Nimrods erection of his Babel For Strabo speaking of the ancient Brittons, saith, that for a long time divers of them ab­horred the very name of a King, and when they had a King, the Crown passed by Election; and that Ambiorix one of their Kings acknowledged that he had or should have no more power over his people, then they had o­ver him. Certainly they had their original from, their rise, being, and beginning with, the purest laws of na­ture, in the first and purest times, such is their excellen­cy, splendor, and purity; they giving unto every free­borne Englishman, as much as God and nature (that I may speak with reverence) may or can give; the same liberty, safety, priviledge, and protection, do they give unto all and every one living in England.

Gentlemen, you have seen how that God hath in all things given unto man, in the very law of his nature, essence, and being, the whole and sole power, rule, do­minion, and government, of and over himself, perfect­ly, entirely, in and unto himself; so that he hath and is, and of necessity must have and be, according to the Law of his Creation, King, Priest, and Prophet, in and of himself, in reference to himself; which (as is said before) none may assume, usurp, or-exercise over him, nor may he suffer it from, nor give it up unto any other whomsoever, upon the greatest, heaviest, and sorest punishments that can be inflicted. Hence it is the Laws of our forefathers, and now our Laws by and through [Page 14] them, have so wonderfully, carefully, exactly, and strongly provided and fortified us in this case, that it seems and appears to be their utmost and onely end, to keep, protect, secure, and maintain each and every one herein, from all and every one that should offer or at­tempt any breach or violation thereof, by assuming, usurping, and exercising any power, right, and authori­ty thereunto, and so break and violate the Law of mans nature, and therein become a most grievous and great transgressor both against God and Man. Hence it makes every mans house his Castle, which may not by any man be entered without his consent, except in one case, and that extraordinary, and that also in a known, open, and legal way, after entrance damanded, and the parties refusal. Yet deny they not, in any case whatso­ever, any man or men whomsoever, to take, receive, use, and enjoy the help, aid, or assistance of any man or men whomsoever himself judgeth necessary, fit, and conve­nient thereunto; provided that he injure, molest, or trouble not his neighbour, but that he in all things do as he would be done unto, according to the Law; and that he do not that unto another, which he would not that another should do unto him: which if he break, and complaint thereof be made, then or in such case onely doth or can the Law take cognizance; the exa­mination, tryal, and judgement, (in case he be found guilty) being altogether by his Neighbours, and those of his own chusing. For every Officer and Minister of Justice whom or whatsoever, by the Laws of this Nation are to be freely chosen by the Neighbourhood where they are to officiate and administer. It tyeth no man to complain, loth to finde any offender; very piti­ful [Page 15] and merciful to offenders, as is to be seen in cases of life and death: none may be judges therein, who are exercised in any measure in the shedding of blood; as Souldiers, Chirurgeons, Butchers, and the like. And if he have none such impanelled for his Jury, yet may he (if he see cause) except against any other whom he may judge not his very, true, and real friends, to the number of Five and thirty. And indeed, there will be found little or no use or need at all for any Laws, but to keep, preserve, secure, and protect Mankinde herein, and from the violence and oppression thereof, or of such men: therefore were they in the beginning but few, very few, and those but short, very short. The care, wisdom, and providence of our forefathers lay as much (that I say not more) in securing the way and manner of attaching, trying, judging, and executing those judg­ments, from injury, injustice, violence, and oppression, in the several proces and proceedings they are to make therein, as it did to secure the end: and there is or should be in all things as much fear of losing, and as much care of keeping the true, right, and just Way, as of the End; for the Way secures the End; the keeping whereof, at­tains the End; the losing whereof, loses (or at least ex­tremely endangers) the End. And the party accused (if found an offender) may suffer manifold much more in the way of his Attaching, Trying, Judging, and Ex­ecuting, then in the Judgement and Execution it self: and thereby is the Law extremely violated, and much injustice done.

It is noted by Bede, who (observing how Religion was preached both to King and Counts, omnibus Comi­tibus) saith, that there was a license granted for publike [Page 16] Preaching: but when the King and divers great men were converted and baptized, yet there was no force used to compel others to be of that Religion, because (saith he) they were taught that Christs service must be voluntary, and not forced. And verily, God himself, who is the Creator, Gover­nour, and Ruler of all things, yet forceth he not, nor compelleth he any thing, no not unto the best good, beyond its present light, power, and strength: for so much and so far as any doth, even so much and so far doth he very extremely wrong, injure, and oppress the same. As, suppose I finde a Lamb strayed from its pasture, weak, and almost starved for the want of it; I pity it, and would preserve it: but should I now hur­ry and drive this Lamb beyond its strength, I might destroy it before it come there. Or, suppose a dark­sighted man were to pass a deep water, over or by mean of an extreme narrow bridge; if I should now hurry and force him along, and not give him time and leasure to finde the bridge, or when he is upon it, compel him faster then his sight and feet can finde the foundation, I might endanger his drowning. We may our selves, and also cause others to make such haste, as that we may endanger not onely the loss of our Way, but our End also: or, if we do attain our End, our haste may make us altogether unable to rest there. Much less doth he force or compel any thing contrary unto, above, be­yond, or besides the law of its Nature; nor requires he (of any) more then he hath given, or in any other way, or unto any other end then he hath appointed; and hath made man himself judge thereof. And verily had not God given and set up in and unto man, a Law in and unto himself, he could not charge, accuse, judge, [Page 17] or condemn man; for, as the Scripture saith, where there is no Law, there is no Transgressdon: and the Law written in Tables, is no more nor no other then the Law of God in Nature, by him set, given, and appointed in its Creation: for God changeth not, but is immutable in all his ways and works; but man he changeth, de­generateth, and falleth in himself from himself, by go­ing forth out of himself, unto other Gods, bowing, falling down unto, fearing, serving, and worshipping them: whereas man, as he was made, so should he stand, remain, and continue perfectly upright, in and unto himself. Wherefore it is written, that the Gentiles who have not the Law, yet do by nature the things contained in the Law, they having not the written Law (in Tables of stone) are a law unto themselves, which shew the effects of the Law written in their hearts, (or, that the Law hath its ori­ginal ground in nature, as the efficient cause thereof) their conscience also bearing witness, and their thoughts accu­sing or excusing one another.

Religion, or the true and real Service and Worship of God, lies not in Forms, but in Essentialities: yet I say not that true Forms are to be despised or forsaken; for nothing is without its true form.

Verily, I was never so much afraid of any sort of men, as those who come so much clothed with the name of God, and Religion: and I profess before hea­ven and earth, they are generally the most dangerous and deceitful men in the whole world, and were so from the beginning. O these zealous men undo us all! Look into the Old Testament, there you shall finde still how these men of God, as they are called, have still cau­sed the people to erre. Aaron, their first High-priest, [Page 18] no sooner was Moses absent, but he makes them a molten calf. The Kings, Priests, and Prophets, all along, are the men chiefly complained of by the Lord, who led and drew away the hearts of the people from the Lord.

You shall finde the same in the New Testament, and all along since to this day, (but these here in our days excel herein all that ever went before them; you shall have nothing almost in their mouthes but God, and all for God, and the Godly Party; when, as the Lord lives, they know little or nothing of him. I tell you, God is certainly a most stable, fixed, just, righteous, con­stant, upright, and faithful being; yea, and he is most merciful also: all which you might easily see, and that every day, but that you do and will shut your eyes a­gainst the Sun, which shines upon the good and upon the bad) nor indeed can it (very hardly, I might say, possibly, and prove it too, but that I hasten) be otherwise, whilst Kings and Priests claim a right, power, priviledge, and prerogative from God thereunto, distinct from, and a­bove other men, as being better, more excellent, or more holy then they. Wherefore it was not without good ground, that the Kings of Judah (even of Judah, who, of all that ever I heard or read of, might claim to be immediately from God, and so plead exemption from Man's either Judgement or Choice; yet they, even those of the house of David in special) were to be judged, as well as to judge; which is clear (as my Au­thor cited a little after hath it) in their Sanhedrin, Melec, and other parts of their Talmud; and that not onely before they were crowned, for the Crown was not so intayled on the next heir male, or others of that fami­ly, but that their great Sanhedrin was always to judge [Page 19] and determine whether any such Heir was fit for the Crown, both in regard of his Knowledge, and of his Vertue. And after Coronation also, the King of Ju­dah, of the house of David, was by their Law to be judged, and to submit to Corporal punishment, by stripes, or some other way; I, and that for such things, as to some may seem but small defaults, as, for multi­plying of wives, horses, or chariots, and for using or abusing money beyond the mean and rule prescribed by Law.

The Jews High-priest, a very sacred person, and the Lords Anointed also; but yet such as must still submit to the Sentence of the great Sanhedrin, nay, and that for his life also, if they so adjudged him; for which, and for that said before of the Sanhedrin's power over the Jewish King in Criminals, and in War, I might cite divers clear passages from the Talmud, and those that expound it, long before Cochius on Sanhedrin, or Schic­kard's Jus Regium. Thus sayth my Author. And perhaps that Commonwealth had continued longer, and much better, in more glory, a more stable and set­led condition, had this their Discipline been fully and constantly maintained, faithfully, duely, and truely ex­ecuted: for, as is said before, you shall always finde their Kings and Priests leading the people into errours, and all prophaness and wickedness. The ground of their desire to have a King, being, as the Scripture tells us, that they might have one to go in and out before them, to fight their battels; a Captain-General, plain and clear, and no other; whom they would have a constant, cer­tain, fixed Officer; whenas God would onely, as just occasion should be given or offered, then onely should be one chosen and appointed, as it was here amongst [Page 20] the ancient Brittons in the beginning. But, say the people of Israel, Let us have a King, like all the nations a­bout us: and they were their Leaders and Conductors in their Wars. But yet they are and must be thus bound and limited, as you see; and nothing better for them, and for the Commonwealth, then that it should so be, for that nothing is more apt to exceed its bounds, then is Mars and Martial men: fire (of which Martial men participate much) is a very great Tyrant, except very well tempered, ordered, allayed, or qualified; it ceases not until it have eaten up and devoured all that stands before it; nor makes it, neither can it make any diffe­rence: yet, in its due place, to its right use and end, is (as all other things are) excellent good.

We have it promised us by the Lord, that there shall be no more need of teaching one another, but that all shall be taught of him; and the knowledge of him shall cover the earth, as the waters do the sea. And verily, my soul earnestly prays, bows, and begs for this thing: so shall rest and peace be unto the inhabitants of the earth, and great will be the joy thereof.

O that man did but know, and would but be himself, he would not then give his glory, his honor, & his digni­ty, unto any King, or Priest, any man or men whomsoe­ver. England hath not yet done it, hath not yet given its glory, honor and dignity unto any whomsoever; what­ever some private and particular men may have done, it hath not bowed down its head, to cause it to serve other Gods, as the Israelites did, of whom God saith as it is written, that they made him to serve continually unto their I­dols, (& the head of every man, as it is written, is God) there­fore hath God scattered them upon the face of the earth, [Page 21] made them to be servants, and to serve in and unto all Nations: yet doth the time of their restitution draw near. Which that England hath not yet done, I shall, by the Laws, Customs, and Constitutions thereof, briefly and but in part shew you by and by, and give you some of those many demonstrations and testimonies thereof, and of our constant, firm, and inviolate keep­ing, maintaining, upholding, and defending our selves in our native liberties and freedomes, in our pristine, first, primitive, original honor, glory, and dignity: for this, the defence and maintenance of our selves and ours herein, for these many years by-past, have we con­tended, and contested, against Kings, Priests, and Par­liaments; and for this thing, even at this day, do we yet contest against all whomsoever, and whatsoever shall infringe the same.

O Noble, Renowned, Glorified, and much Dignified Englishmen, whose perfect resurrection is at hand, and whose glory and renown shall fill and overspread all Lands, because of this thing, even in England shall arise the glory, and the desire of all Nations. I have said it, and it shall surely come to pass; Look therefore unto your selves, every man of you, and stand fast in the Liberties wherewith God, and Nature, and the Laws of this Land, have made you free; nor stoop, nor bow, nor bend one jot unto any man or men whomsoever, but as unto bre­thren; but worship the Lord thy God only: honour thy Father and thy Mother, and love thy Neighbour as thy self. Take heed of Dalilabs; for though thou be a Samson, yet if thou sufferest thy seven locks to be shaved off, the phi­listines will take thee, yea and put out both thine eyes also, binde thee in fetters, and cause thee to grinde in theprison-house. [Page 22] The wise will know this saying, and understand this Parable. I make haste. If we bow and stoop, we will bow and stoop unto the weak and feeble, the poor and needy: we may not, we must not, we cannot, we will not give our glory, our honor, our dignity and our strength unto any, left we be bound in fetters, and grinde in the prison-house: and we love our eyes too well, to lose them.

Verily we have our Fore-fathers with us, and on our side, in this matter; we have Abraham, Isaac, and Jacob, David, Noah, and Daniel; even all who are not of Nim­rods race and generation, are now risen and arising up against Nimrod, whose Kingdome hangs tottering and shaking, being even ready to fall: we have Israel, a­gainst whom there is no divination or Inchantment, and the God of Israel on our side, who is the God of Gods, Lord of Lords, and King of Kings: we therefore shall certainly overcome and prevail; none shall or can stand before us. God hath overurned, and will yet overturn even se­ven times, until none of Nimrods do appear.

You have seen that it is against the command and law of God, against the command and law of Nature, and against the law of the land, even the law & command of our Fore-fathers, made, given, and continued, by, from, and through them and their blood, unto us their chil­dren, as is at this day: Look to it therefore, again, I say, every man of you; for he who breaks and violates the same, is a traitor unto God, unto nature, unto him­self, unto his fore-Fathers, and unto the laws of this Land and Nation, and hath no right or interest, no por­tion or inheritance in the same, but ought according to the laws thereof, to be wholly dis-franchised, discom­muned, [Page 23] yea and excommunicated also.

Vortiger, one of the Kings of this land, whom Gildas calleth a proud Tyrant, and Nennius saith of him that after he was first corrected perhaps (as saith my Author, of whom anon) by the Jewish discipline, which was here also untill the time of Henry 2. that in a great Mo [...]t of Clergy, and Laity, he was so roughly handled, that he rose up in a great rage, & fled, at least sought how to fly; but he was banned, and afterward deposed by the Parliament. And it is there farther said of him, that the Earth opened for him, and that his family was burnt from Heaven; which was much ascribed to his curse or excommunication; which, as is there said, was in use amongst the Britains; and that also upon their Kings, of which there are many examples, as of King Tudur, King Clotri, and Brochvaile, did hardly escape by a great fine, it was then by much more heavier, (as saith the same Author) then of late, Caesar observeth it among the Druids; and in him it is Paena gravissima; adding also, that such persons were abhor­red by all, and that they might have no honor or right of law. In S. Patricks Canons they are excluded a communi­ons, & mensa, & missa, & pace. This, as saith my Au­thor, seemeth akin to the Jewish Cherem, nay to their Shammatha, or Pauls Maranatha.

For proof of what I said and promised before, that England had not given its honor, its glory, and dignity unto any, nor ever did, nor have we in the least submit­ted or subjected our selvs unto the rule, power, govern­ment or dominion of any man or men whomsoever, in any thing or matter, to any end or purpose whatsoever: I shall begin with King William, whom some (though untruely) call the Conquerer.

You shall finde it in Walsing ham, Hoveden, Matthew Paris, and others, shewing how free the Norman found our Ancestors (which they note also in Caesar to have found the Britons; but that I let pass) who say, that king William, before he was crowned and accepted by the people, did solemnly swear to observe and keep their old Laws Bonas, & approbatas, antiquas leges, quas sancti, ac pij Angliae Regis, ejus antecesseres & maxime Ed­wardus statuit inviolabiliter obser [...]are: In the same Kings edition of the confessors laws, when he enclined so much to them of Norway, all the compatriots of the kingdome came and be sought him not to change the old laws and customs of their Ancestors; because they could not judge from laws they understood not.

In the Laws of St. Edward and king William, you may find and read in the very Title and Preface there­of, that all the Laws of king Edward, came to us through the hands of king William, which you will find related and recorded in the Title and Preface thereof: That all those Laws were so presented to king William, by a sworn Jury out of every County; who did also assert, that those which they did present as the Laws of St. Edward, were the undoubted Laws and Customs of the kingdome, that had also been collected into a body by king Edgar; and continued (though Sopitae) through the troubles of succeeding kings till Edward had the leasure to renew or rather confirm what was the Law before.

And he the said king William, although he had so attained his entrance into England, and to the Crown by force of Arms at his owne charge onely, with so great a hazard and loss also of so many of his owne [Page 17] Countrymen, and had thereby obtained in a manner the full and whole possession thereof, so that little or no opposition could be made against him; yet would not our Fore-fathers admit him one of their Commu­nity, Common or Comune-wealth, and so to be an Of­ficer therein or thereunto, until he had solemnly by Oath, in the most religious and strictest manner bound and obliged himself to observe, keep, and maintain their Common or Commune Law, the antient Laws, customs, and constitutions of their Ancestors, and those inviolate, according to the custome of the Eng­lish Nation; to which every other Officer and English­man is sworn also, and soby Oath bound to the strict observance, intire, upright, and faithfull keeping there­of.

In the statutes of Marlebridg in the first place of all, it was agreed and enacted, that all men living of this kingdome, as well high as low must and ought to sub­mit to judgemens; the same Marlbridg in one of his other Chapters saith, That the great Charter is in all points to be duly kept, as well in those things that con­cerned the king, as any other; and that writs should be granted freely against any that infringe the same. (Note.) And that this did reach the king before, and not first granted by Henry the third, and exacted from him and others by a conquering sword. And the Myr­ror written for the most part before the conquest (as it is called) tells us from the Saxon Parliaments, that the kings Courts should be open unto all plaints, by which they had original writs without delay, as well against the king or Queen, as any other of the people, Cap. 1. Sect. 3. In his next words tells us, that in cases of life [Page 26] and death also, the plaint might hold without writ.

Bracton, he also, although adoring Kings, yet placeth them under the Law, and in receiving justice, and submitting to judgement, he must, saith he, Be the least, or as the least. And Fleata saith the same; he must be content to be compared to the least in receiving justice, and that the Law is above him. The Myrror in Cap. 4. Sect. 11. speaking how Lords are chalengea­ble by their Vassals, and how Homage may be dissolv­ed and adjudged by combat, he concludeth of the King, that if he also shall wrong his Vassals in see, the same course may be taken. Cap. 5. Sect. 1. He there complaining of seldome Parliaments; which saith, he should be twice a year: so it was agreed by King Al­fred, as he speaketh in a section of his first book, and by and by after, calleth it the soveraign abuse of all, that the King should be deemed above the Law, whereas he should be subject unto it, as in his Oath it is con­tained. And in the first Cap. Sect. 2. he gives us the Kings Oath, and the last clause is, that he should and would be obedient to suffer as much as others of his People. And in King Edwards Laws, in the 17 cap. De officio Regis, We finde it such a duty also, that if he break it, he should not retain so much as the name of a king; for thus saith the Law, Quod nici fecerit, nec no­men Regis in eo constabit: wherein is shewn, what were the ancient Laws, Customs, and Constitutions of this Nation, ordained and appointed by our Fore-fathers. I shall next shew you from that worthy, learned, labo­rious, and ingenious piece, and from which I have onely collected & here inserted (with those you had before) of that Gentlemans so painful collections, to whom verily [Page 27] we are not a little beholding for his great pains in clear­ing, evincing, and vindicating the English liberties, founded in, defended and maintained by the ancient Laws, customs and constitutions of this Nation; I may not name him, because himself, for reasons best known to himself, hath denied it to us: his book beareth Title thus:

Rights of our Kingdom, or Customs of our Ancesters, touching the Duty, Power, Election, or Succession of our Kings & Parliaments, our true Liberty, &c. freely discussed through the British, Saxon, Norman Laws and Histories; with an occasional discourse of great changes yet expected in the world. London, Printed by Richard Bishop, 1649.

You will finde throughout the same, that Kings were elective, and elected by the kingdome, or people, and the law, or at least the custome for electing, anointing judging and executing, Kings among our British Ancestors, and since all along, how they were in all things subject to the law equally with the others of the people, as is already shewed: how when we had kings, how straightly and strictly they were bound and limi­ted, (for, as I think I shewed before, there was a time when we had no king.)

In his 81. p. he there shews, that the Lord Chief Justices, the Lord Chancellor and Treasurer, were chosen by the kingdome, and not by the king.

Strab [...] speaking of the ancient Brittons, (as he hath it in another place) saith, that they chose their Generals and all great Officers & Magistrates: and that they abhorred for a long time the name of a king: and Caesar, that we had no kings or fixed common Governour in times of [Page 20] peace, but for war they chose out Generals; yea, and that the Lords in Parliament were chosen by the Counties, as appears by writs yet to be read from the Rolls of Edward 1. and how that by the common law and custome of this Nation, all the Sheriffs do com­mand the posse Regni in their severall Counties; and that not only in execution of writs, but they are also custos Legis & Reipublica; the keepers, protectors, and defenders of the Laws and the Reipublike or Common­wealth (its all one) as well as of the peace, of which he is the principal conservator in his shire and County, and that all the Sheriffs ought to be, and so were cho­sen by the people, and not by the king, as is to be found in Hoveden, in the Laws of the Confessor: and in full Parliament of Edward 1. it was declared to be the law and custome of the kingdome, and therefore so setled in the choice of the people. And although in latter times some alteration be made herein by Parlia­ment, yet this affirmative Statute doth not annul the common law, or disannul the peoples choice, had they the wit or courage to elect their Sheriffs before they be pricked; And that these so chosen by the people, did come to Parliament. Their Generals also, when occasion was, were chosen by the people, as he hath it in another place: the sole and whole choice of Con­stables, Headboroughs (greater men then themselves know themselves to be) Coroners, and others, remain still in the people.

And Tacitus, that our Ancestors did both elect and bound their kings and Generalls, Rex ex Nobilitate, Duces ex vertute sumunt: and of their kings (he saith) their power was so bounded, that he could not call it [Page 21] free, and that it was in perswasion rather then com­mand.

In the great Moot of Scotlands dependency upon England, Edward 1. confessed, and after him the Par­liament both Lords and Commons, that they were all obliged by oath to maintain the rights, liberties, laws and customes of the kingdom, and they never would, nor could consent that the king should, if he would, act against them. The Writs also, in king Iohns time, required all men of all conditions to oblige themselves by oath to maintaine the great Charter, and to compell the king thereunto; which laws of king William, with those of the Confessor, were afterwards confirmed by king Henry 1. as appears by his Char­ter, not only in the Exchequer, a copy of which was kept in every County; and the same Charter was a­gain confirmed by king Iohn, and again by Henry 3. and so it came into the great Charter, and confirmed in more then 30. Parliaments.

You now see it plaine, and without dispute, that no man or men whomsoever, have any rule, power, or do­minion over others, no more then others have over him or them; and that the greatest, even Kings them­selves, have acknowledged, confessed, and granted so much, that we are all equally alike subject to the ordi­nances, customes, and constitutions of our Fore-fa­thers, the laws of this Nation; and that they, and they only, are the only and alone Rulers, and Gover­nours over and unto all, and every one of us.

And verily, if any man or men whomsoever, may in any true and proper sence be said to be subject to, un­der the power, dominion, rule and government of ano­ther, [Page 30] it is certainely those we call our Rulers and Go­vernours, they being chosen, ordained appointed and intrusted by the people, unto their work and service, for to perform, do, and execute their commands, or­ders, and appointments, still in and according unto Law: (And verily none else whomsoever may or ought, without greatly transgressing the Laws of God, the Law of mans nature, and the Law of this Land, as is fully proved already.) Hence they are rightly called Officers and Ministers of the Commonwealth; Offi­cers and Ministers of such and such a Place, Office, Court, or People, in reference to such and such a work, business, and imployment therein, or thereunto belong­ing: receiving a wages, stipend, or salary for the same, are therefore severally most certainly accountable for their several trusts, unto those from whom they severally re­ceive the same: First, by their undertaking that Of­fice, Place, or Ministration; in which very act, they have made, created, or begotten a contract and trust un­to themselves (for no man takes and executes an Office, but it must be from, and so in reference unto another) according unto which contract, they do therein and thereby firmly binde and oblige themselves unto a true, real, and faithful performance thereof (of which you may see more in my forementioned Treatise.) Se­condly, In that also they receive a wages, stipend, or salary for the same, as the most, if not all of them do; upon this ground and foundation it stands, upon this account, or for this cause and reason it is, that all our Kings we accountable, and did several of them account unto the people, and suffered also for the breach of their trust, for their irregular, unlawful, and unwar­rantable [Page 31] execution of their place, office, & trust, thereby breaking and violating the same, and their Oath also taken in their admittance thereinto: which every pub­lick Minister or Officer likewise taketh, before his ad­mittance into any office of trust whatsoever.

Every King of England had a Wages, Stipend or Sa­lary allowed him by the People, some more and some less, some more at some time then at another, at the discretion of the People: this was one ground also, why the Captains of war or Generals were chosen by the people, be cause they received their Wages, Stipends or Salaries from the people, and their trust and comis­sion also, for which also, and according unto which, they were accountable, and did account likewise: so also the knights of Shires chosen, intrusted and deputed by the people, and in their behalf, as in their steads, and for their service to sit in Parliament, received Sala­ries from the severall Shires, for which they served; so that servants they are also unto those who chuse them.

And the matter is most plain and evident in kings, who did ever first swear fealty to the Commonwealth and laws, as their superiours or leige-Lord, before the people swore faith to them.

Therefore would not our fore-Fathers, as you see, al­low or give the choice of any publicke officer or Mini­ster whatsoever into the hands or power of their king, when they had a king, nor suffer him to chuse any, be­cause they should not be as servants unto him, him­self being but a servant unto them, lest by their chu­sing of one another, they should become, of ser­vants, to be their Lords and Masters, as in truth it came to pass. Hence was it, as you have seen that the Lords in Parliament or Barons were chosen by the [Page 32] People, and not chosen or summoned by the King; for their creation or being was anciently, and at the first, from and by the people only, and not by the king, by Patent or Creation, by choice or election from or by him, but by the election and choice of the people one­ly: but when once the people had suffered this incroach­ment by their kings, through disobedience to, revol­ting and backsliding from the laws, ordinances, customs and constitutions of their Fathers, they quickly saw and felt the miseries, inconveniencies, and mischiefs, which followed thereupon: how those whom they had ordai­ned and appointed their servants, by their electing and chusing one another; of servants, became, in very deed and truth, their grievous, oppressing, and tyrannizing Lords and Masters: and how much blood and treasure hath it cost us since, to redeem our selves! Take heed of a relapse. And verily it is almost impossible it should be otherwise, (as I could plainly evidence, but I must hasten.) Certainly he who chuses, makes, and creates, cannot but have a very great influence upon the party chosen, made, and created: and the person so made, cre­ated, and chosen, cannot but look up unto, have an eye upon, and especial respect and regard of, bend and bow unto him that made and created, chose or elected him: it is his duty; they are in their very nature, essence, and being, relatives; and relatives must needs reciprocally answer each other in their ways and ends. Hence the Commons onely chose all their publike Ministers and Officers; from them onely did they receive their trust, that so their eyes might be onely upon them, and they onely serve the common good. But those who lately were, now are not; but both they and theirs turned out of doors.

[Page 33] Our fore-fathers verily were very wise, prudent, and provident; O that we would tread in their steps, and so honour them, cleave to their Laws and Ordinances. I beg every man to take heed: God is my witness, I am enemy to no man or men whomsoever; nor do I envie any, but would from my soul, the good, the peace, and welfare of all and every one; and will lye at the feet of all or any one, to do him real, upright, and faith­ful service: it becometh man to be faithful; for he af­ter whose pattern and image he is made, is so. I may not, I must not dishonour my Maker; but in all things, in all times, unto all men, so much and so far as I am able, shew forth his being as he is in me, and my being as I am in him.

Gentlemen, you know from and by whom you are, what you are; you know what power and authority you have, and by whom and what Commission it is; and so, whose you are, and to whom accountable: your hand may finde out (so far as I know, and I believe it may) a work sutable to you, and corresponding with you. That which hath erected it self without Law, may (for ought I know) be so taken away, and thrown or cast down, though perhaps it were much better if it could be otherwise; for the sooner things return and run in their right chanel, the sweeter, easier, safer, more acceptable, surer and quieter it will be: but that which stands in & by Law, may no man take away, change, or alter. If you keep your limit, you may be safe; if you break it, you break your selves. Break not, I beseech you, in any case, the Ordinances, Customs, and Con­stitutions of our forefathers, the ancient Laws of this Nation; for if you do, they will assuredly break you. [Page 34] Intrench not upon them; for wherein, so much, and so far as you do, you do certainly intrench upon your neerest selves. Excuse and pardon this long Paren­thesis.

As all the Publike Ministers and Officers of the Com­monwealth are accountable, yet are they no otherwise accountable, then as it is in and by the Law ordained and appointed to them. For it were as great an evil, mischief, injustice, and unrighteousness, that they should be left to the Arbitrary will of the people, as that any of the people should be left to their Arbitrary will. So that every one, before he enters upon his Trust, sees what his Work and Trust is, from whom he receives it; how, or after what manner; in what way, and by what means to execute; to what end, and for what use and uses; and in what way and manner to be account­able, and unto whom. Otherwise the Publike Ministers and Officers of the Commonwealth were in a far worse condition then the worst of Slaves. Accountable (without dispute) they are and must be, and servants (without dispute) also: for to him who appoints me my work, and pays me my wages; him who makes me all and whatever I am or possibly can be, in reference to that Office, Place, or Employment, Certainly his I am, and no mans else I may, must, or ought to be, no not mine own, but his entire, upright, true, and faith­ful servant, as faithful unto him or them with whom I have thus contracted, receive my work and wages, as he can be to himself, still in reference to my Contract; for which, see my fore-mentioned Treatise. Yet in all this is there no dishonour unto any man, but much honour unto him who is upright and faithful in his Trust, in re­ference [Page 35] to those, and for their singular good and profit, who intrusted him.

The Father, and he only, is appointed by God unto his Children, their ruler, guide, and governour, their guardian, their preserver and protector whilst Children; therefore are the Children commanded by God to honor him. All the rest of mankind are our brethren, our neighbours; and accordingly by the same command of God, are we to love them as our selves: all other degrees, ranks, qualities, estates and conditions of men whatsoever (call them as you please) are onely by, of, and from men, and so in reference un­to men.

As in the creations of God all things are, and only so are, and so onely by us to be esteemed and ac­counted of, according to what he by his Laws and In­stitutes in Nature hath put in them and upon them, in reference to their several uses and ends whereunto he hath appointed them; by the true and certain know­ledge whereof, we are taught and instructed to give each and every thing its due and true estimate, neither under nor over valuing any thing, for the one as the o­ther is equally evil, and the onely, true, and very cause of all the discords, disagreements, and dissentions, in the whole Creation of God: Even so in the Creations of men likewise, all things are, and so onely are, and so onely by us to be esteemed and accounted of, according to what in and by the Ordinances, Customs, and Con­stitutions of our Fore-fathers, the Laws of this Nati­on, are put in them and upon them, in reference unto the several uses and ends whereunto they have appoin­ted them; by the true and certain knowledge whereof, [Page 36] we are taught and instructed to give unto each and eve­ry particular person and thing their due and true worth and estimate, so as neither to under nor over-value them or any of them; both the one and the other being e­qually evil here also, and the onely, true, and very cause of all the discords, disagreements, and dissentions amongst us. Nor can it be otherwise, neither can there possibly be a true concord, perfect union, setled and established peace and rest unto us, or any of us whom­soever, whose beings and well-beings have reference to the being and well-being of this Nation, until each and every man whomsoever in particular, and the Na­tion in general, know what he is; know how, as by what means, or upon what grounds, and to what use and uses, end and ends, he is that which he is, or taketh him­self to be. (For Man is a seeing, knowing, understand­ing creature, therefore cannot walk by uncertain un­known Rules and Laws; he may not yeeld a blinde implicite obedience, for he knows not whither it will lead and carry him; nor is such an obedience acceptable with God or good men: in children, whilst children, it is good and comely. Paul, whilst he was a childe (as he saith of himself) walked as a childe; but when he came to be a man, he put away childishness. Andverily, he who sub­mits and subjects himself, upon this account, unto any one man, will (at least in probability) submit and sub­ject himself unto all & every one; and so having no sta­bility in himself, becomes a servant (or a slave rather) unto the wills, lusts, and pleasures of all or any man whomsoever; then which, nothing is more uncomely, or unbeseeming Man. O Man, where art thou? hidest thou thy self from, canst thou not stand in, the presence of the [Page 37] Lord thy Maker? Hast thou eaten? hath the Serpent through the woman beguiled thee? Why; arise again, and come and stand forth, in the might, power, and strength of the Lord God thy Maker and Redeemer. It is a Parenthesis; bear with it.)

I say it cannot be, until each and every member thereof know, be set and placed in, fast bound, tied, and limited to, and that in a true, right, and proper way, by a true, right, and proper means, in their true, right, and proper place, in the body or Common­wealth, in reference unto the severall uses it hath of them, and the severall ends ordained and appointed to them, according to the ancient Ordinances, Customes, and Constitutions of our Fore-fathers the laws of this Nation. Hence, because men know not these things, are the many and several thwartings, contradictions, gain­sayings and oppositions amongst us; former and late acts done and committed in Parliament, thwarting, contradicting, nay destroying, the Peoples, nay even their own foundation and being.

Officers and Ministers of the Common-wealth, not knowing where they be, how or what they are, nor what they do, but each almost thwarting and con­tradicting other; and they all, almost as Lords and masters over the people, thwart, contradict, and de­stroy the people in their liberties: the people they also thwarting, contradicting, ready to rise up against them, well knowing them to be but their servants, their Officers and Ministers, in, by, and under the law, and so bound neither to do nor execute any of the orders or commands of any, against or besides the same, the anci­ent known laws of the Land, which they as Officers are [Page 38] more especially and particularly bound by oath unto the exact and true observance, and execution of those, and chose only, and those in all things, in all times, in reference unto all men; they being their onely and alone rule and guide; and so, therein and thereby, are they bound and obliged to keep & preserve the peace of the Commonwealth from being violated by any; or the common or commune peace, or the peace of this Com­munity, inviolate: which cannot be done but by keeping its laws, the common or commune laws, inviolate; for every breach and violation of its laws, is and needs must be a breach and violation of its peace; and there is not, neither can there be any violation or breach of its peace, but in or by the breach and violation of its laws. As it is in the naturall body, so it is here also; so long as there is no breach or violation made upon the laws of Nature in the body, there is not not can there be any breach in the peace of the body: but when once there is a breach and violation made upon the laws thereof, there is then also, and needs must be, a violation and breach of the peace thereof; for they are such or so an one or union, as that the one insepa­rably is in, with, and by, the other; nay, the one is the other; and the one is not, nor possibly can be without the other. Yea all and every one of us are bound and tied not only to keep, preserve, secure and maintain the peace in our own persons in reference to our selves, but also the joint common or commune peace of the whole, in respect to all and every one, against all and every one, who shall evidently and clearly break, or attempt to break the same; for so doth each and every particu­ler member of the naturall body, (being tied and [Page 39] bound thereunto by the law of its Nature) carefully and diligently to look to the preservation, as of the whole, so of each particular, according to the ordi­nances thereof in reference to the whole; the loss or detriment of any part, being a loss and detriment to the whole and every part; Yet still in a due way and course of law. Wherefore all and every violent act and acts, ac­cording to the extent, measure, and degree thereof, by any done and executed contrary to, against, besides or without a true ground and warrant in law, upon any particular person or persons, is rightly and truely called and determined in our law to be a breach of the publick, common, or commune peace, because it is a breach of the common or commune law, that law which is in common to them all, to keep them all and every one in perfect peace and security, from and a­gainst the force and violence of all and every one. Hence, in case I meet a man that hath murdered my Fa­ther, Friend, or Brother; yet may I not my self, or any others, lay violent hands on him: should I, and so wilfully take away his life, I make my self a murtherer, and must and ought to dy for it: why? not because the man ought not to have suffered death, but because I had no power, authority, or right by law to do it; my act therein being contrary to, against, and besides the Law, I become a breaker of the Law, and a murthe­rer, in taking away his life without due course of law, and so must and truly ought to suffer death by the law. And so againe, if any man strike me, I may not strike him again; for that is a breach of the peace, because it is a breach of the Law, which allows no man to a­venge or revenge himself, or to extort satisfaction from [Page 40] any, in any violent forceable way and manner; which all and every act & acts are, and so accounted and adjudged by our law, which are not done and executed in the way and manner the Law hath ordained and appoint­ed. Yet, bindeth it no man from defending himself; yet there also, for any act or acts committed therein, by any in so defending himself, he is not free until in a due course of law, the law hath made him free. Our Fore-fathers were very strict and exact as to the way in all things, wherein appeared their admirable, great, and exceeding high and deep wisdome, very much to be admired, and most worthily to be esteemed and honour'd of us all, wonderfully careful to set, keep, pre­serve, and maintain every thing in its right place, in its due order, unto its proper use and end, truely and justly balancing all things, giving every thing its true weight and measure, bounding and limiting the same; the on­ly way and means to preserve, keep, maintain, and se­cure peace, rest, quietness, and tranquillity. As in the natural body, when any thing is out of joynt, out of its right and proper place, and when and where there is exorbitances, and excesses, there is and needs must be restlesness, disquiet, pain, and trouble in and unto the whole, and each and every particular part thereof in its measure; and if not timely restored and reduced, will and of necessity must bring a total ruine and destructi­on to the whole, and each and every particular part thereof; and as it is in the natural, so must and will it be in the civil; for they answer each other, as in a glass face answereth face.

What I formerly asserted in my late Treatise before spoken of, that Parliaments might not change or alter [Page 41] the Ordinances, Customs, and Constitutions of our fore-fathers, the ancient Fundamental Laws of this Nation, nor do any thing tending thereunto, Is now (I hope) plain and evident unto all, and undeniable by any. And although what I therein layd down, to con­siderate men was enough; yet being already, as to this Discourse, become so much a fool for the sake of o­thers, I shall make a little further progress, and give you these following Arguments; and by the way con­sider (from the fifth Command, and the case of the Re­chabites by me therein cited) how far or how much the commands of fathers binde and oblige their children: it may (compared with that story) deserve a serious consideration. But did I say a considerate man? O how few such this day in England! It is rara avis in terra.

1 That which Parliaments are bound and obliged by Oath duely and truely to observe, keep, [...]nd maintain inviolate, that certainly they may not change or alter: (for, to be obliged by Oath to observe and keep a thing inviolate, and to have power to change and alter the same, is an incon­sistencie.)

But Parliaments (as you have seen) are bound and obliged by Oath duely and truely to observe, keep, and maintain the Ordinances, Customs, and Constitutions of our Forefa­thers, the ancient Fundamental Laws of this Nation in­violate:

Therefore they have no power or authority to change or alter them: nor may they do it; for their power and authority is bound and limited in and by their commission or trust expressed and confirmed in and by their Oath.

2 That which Parliaments are bound and obliged by Oath to cause and compel others with themselves duely and truely to observe and keep, that they may not change or alter: for then how is it, or how can it be, or be said to be duely and truely kept?

But Parliaments, as you have seen, are so bouná and obliged: Therefore may they not change or alter them.

3 That which every man of this Nation is bound and obliged by Oath duely and truely to observe, keep, and maintain in­violate, that no man may alter.

But, as you have seen, every man is so bound and obliged:

Therefore may not Parliaments, if they be men, and men of this Nation, change or alter them.

4 Trustees, Servants, or Ambassadours, may not act against, besides, or contrary unto the minde and will of their Lords, Trusters, or Masters.

Parliaments, or Parliament men, are such in reference to the people for whom they serve, and from whom they receive their Salaries respectively, out of the several Counties for which they serve, as is before proved:

Therefore may not Parliaments change or alter them, do any thing against, besides, or contrary unto them, because that were a violation of their Commission, Trust, and Oath, which is, To observe, keep, and maintain them inviolate, and to cause and compel others to do so also.

5 Every person in this Commonwealth is bound both in his own with person, and in reference unto all and every one, else, so much as in him lies, to keep the peace of the Com­monwealth inviolate; therefore Parliaments, if they be [Page 43] members of the Commonwealth, ought to keep, preserve, and maintain the peace of the Commonwealth inviolate.

But he who breaks the Laws of the Commonwealth, breaks the peace of the Commonwealth, (as is proved before) and ought according to the Law to be presently attached and punished for the same:

Therefore may not Parliaments change or alter them; for that were to break them, and so to break, or at least a visible at­tempt to break the peace of the Commonwealth in the break­ing of them, which they also are bound to preserve and keep inviolate; against whom, or against every infringer where­of, as well Kings as others, were Writs to be granted free, as is shewed before.

6 Parliaments may not do the things that are unjust; nay, God may not, nor he cannot; for it is contrary to his being.

But it is unjust, unrighteous, wicked, and impious, to change or alter that which I am intrusted and sworn duely and truely to observe, keep, and maintain inviolate: and that Par­liaments are so intrusted and sworn, is already proved:

Therefore may not Parliaments change or alter them, nor do, nor suffer ought to be done (so much as in them lies) tend­ing towards their alteration.

The work and business of Parliaments is by most most greatly mistaken. And because those who lately were turned out of doors, had so much triumphed over the late King, the peoples servant, they thought they might do the same over the People also, who verily are, and will so prove to be their Lords and Masters, in and according to the Law, unto which none in England but is and ever held himself to be accountable (in words at [Page 48] least) the last King not excepted, as by his Declarations doth appear.

Laws must be just, I, and justly made also; that is the rule and standard; but who must judge and deter­mine this, when, whether, or wherein they be so or no: Why every man who makes the question, gives himself the answer: Why surely they who are to observe them, to be punished for the breach of them, to judge and execute by, and upon them: But who are they: why all Englishmen, the whole people of England, in and by their several Courts and Officers, as in, and by their Hundred-Courts, County-Courts, Courts of In­quest, Sheriffs, Juryes, and the like; who are to make inquiry after, to examine, try, and see that nothing be done, offered, or attempted by any, contrary to the fun­damental principles, the antient known Laws of the Land; they are the rule and standard onely to try all things by, as it was done by a sworn Jury out of every County in the time of King William (as is shewed be­fore; but I can onely speak in generals, I must go on) and doubtless every man hath, and needs must have a right and liberty of trying, examining, and proving, all and every of the Acts and Deeds of Parliaments, at least such as do or may concern himself (which I might leave out, and say more, and prove it too; but I have been much too long already, and I love not to affirme any thing without proof) for, 1. Otherwise he ceases to be a man, to yeeld obedience as a man should, or as becomes a man to do, but as a beast. 2. The Apostles who were sent of God, and that with the working of miracles, yet submit that which they taught, injoyned, and commanded, to the examination, trial, and judge­ment [Page 49] of the people, and commend the Bereans with the stile and title of Nobility for so doing: (yet mistake me not; this dislike or disapproving of such Acts is to be manifested and regulated in a due and orderly way and manner, as to, in, and by the Courts and Officers appointed thereunto, as is said before: for as in the na­tural body, so in this civil are their several Offices and Officers, as eyes, hands, head, feet, heart, and the like.) And indeed, that which doth, and that which onely and alone doth, or should binde and oblige all and every one to the observing, doing, obeying, and perform­ing of any thing, is the goodness, justness, and righte­ousness thereof, and not the persons, place, or thing, from whom, or whence it comes. How shall I, or any else, know any thing that comes from any, to be the will, the minde, and command of God, but as it is just, and right, and good? that assures me it is the command, the minde, and will of God; I need no more nor better proof & declaration, let it come from whom, or what, or whence it will: but if it be not so, let it come from whom, or what, or whence it will, it is none of Gods command, minde, or will, therefore not to be obeyed by me, For it is written, Thou shalt worship the Lord thy God onely, and him onely shalt thou serve. Nor would I be mistaken here, as if I meant or intended, that any who will, may as­sume the rule, power, government, or authority, upon that pretence of doing good, or having really done so; that is, deceitful, hath and may deceive; and doubt­less as great a mischief and inconvenience, if not grea­ter, may arise on this hand, as on that. He or they, or whomsoever shall do the nation real good, and they shall judge it so, to such I wish and hope the Nation [Page 46] will be thankful, and take it also as from God: yet pray I also do, that no incroachment may be made upon the Peoples rights, and laws; for that's not good, therefore not from God. Names and Titles have much undone us all. What are Parliaments, Kings, or Priests, ought or any thing, man or men else, but as they are just, and right, and good: why nothing, and to be esteemed as nothing. What's a Temple, what's a High-priest, when God or good's not there? why a lye, a nothing. This is the true, infallible, everlasting Character of God, That he is right, just, and good. It is admirable to see how names and titles blow & puff us up. Parliaments, what are Parliaments? why the Councel of the people; and what is that? why the people meeting together, chuse, from all the parts of the land, men from amongst themselves, of their brethren or neighbours, to meet together, (not to change or alter their laws, not to vio­late or destroy them, or any, or more man or men of them, in their lives, liberties, or estates; not to commit, do, or execute, or to command to be done, or executed any unjust and oppressive act or acts upon, or against any, either besides, against, or contrary to the Nati­ons laws and customes; but) to consult about their good, or the common good. And will or can any man think or imagine, that their councels, acts, and doings, are not to be, or may not be tryed, examined, and judg­ed. Which is greater, he that makes, or he that is made? they which chuse, or he that is chosen? the Trusted, or the Trustor? the Embassador, or the King his master who ordained, and made him such, sent and appointed him to his work and service to his Embassie? It's true, he doth in all things, to all intents and pur­poses [Page 47] fully and wholly represent the King his master, hath the same power and authority as his master hath, can, or would have, if himself were present, in refe­rence to his commission and instruction, but no farther: to whom, and for the management whereof, he is a­gaine accountable. And it is not, neither may, must, or can it be otherwise with Parliaments, and those who chuse them. I pray you, let us be men, and no longer children, to be frighted with the name Bugbear, with the name Parliament; but know and esteem all things as in truth they are; keep and preserve all things in their right places, to their right uses and ends; giving ho­nour to whom honor; and then we shall do well, like men, nay like Englishmen.

Be not they and all others (as is said before) that which they be, only and alone by and from the people, from and by their deputation, power, and commission? and have they it not, or is it not in trust onely, and that in reference to the peoples good? doubtless it is: then are their acts and doings, and that justly and rightly too, triable, and to be judged and determined by the people, concerning the justness, consonancy to, and uprightness with the rule and standard. Hence former­ly were all Acts of Parliament fairely inrolled by the clerk thereof, and so sent down to the several Courts of the peoples ordinary or common Judicatories; (I may truely and rightly call them so) where, as occasi­on is, are they judged, tryed, and examined by the people: and if not found just and right (as before) but either besides, contrary unto, or against the same, they cease, and must cease, so as no man may, or must, or ought observe and execute the same. Thus, I say (as [Page 48] I have it at large in my other Treatise) doth and must all things run in a perfect round or circle, as it is in the great world; else would all things presently corrupt, decay, and come to nothing, as must the great world it self: and when, where, so much, and so far, as this orderly circular motion is not kept, maintained, and secured, free and clear from all stops, lets, hinderances, and incum­brances; even then and there, so much, and so far, will there be, and of necessity must there be a decay, cor­rupting, disordering, and confounding of the laws, customs and constitutions, persons, officers, and offices, in, appertaining, and belonging to the Commonwealth, and so of the Commonwealth it self: as you see it is in the natural body of every crea­ted thing; yea, the whole Universe is onely kept, preserved, and maintained whole, sound, and intire, firme, stable, and lasting, in, by and through the due, and true, orderly, circular motion thereof; which in­deed is so the life, being, subsistence, and preservation of the whole creation, and every particular individual thing therein, as should it but once cease, all things would, and must even cease to be also. All perfect beings whatsoever of necessity must be thus, and thus preserved, continued, and maintained, in this due orderly circular motion. As verily is the constituti­on, frame, rule, and government of this Common­wealth by the great, high and deep wisdom of our fore­fathers, framed and molded, as I could manifest unto all the world, and that in such an exactness, as is to ad­miration; all things being examined, tried, judged, corrected and amended, the several officers and offices [Page 49] ordained and appointed thereunto, in this cir­cular, quiet and still motion, according to the Ordi­nances, Laws, customs, and constitutions of our fore­fathers. But I must no further.

Hence, and for this end, hath every Officer and Mi­nister of the Commonwealth their certain, fixed pla­ces and offices of trust, to keep, preserve, and main­taine the peace of the Commonwealth inviolate, by the keeping, preserving, and maintaining the laws and constitutions thereof inviolate, which preserve and keep this circular motion from all stops and lets, to which they are by oath more especially bound and ob­liged, and so ought to perform the same accordingly, and that faithfully, perfectly, and uprightly.

The Sheriffs, who are by their place and office (as is said before) the keepers, protectors, and defenders of our laws and Commonwealth (and so each and every man therein) in peace, according to, or together with the laws, which he who breaks not, ought to be pro­tected by it; and all and every one who do, or visibly and apparently attempt the breach thereof, ought to be attached, secured, tryed, judged, and punished accord­ing thereunto for so doing; he having power there­in, or in such case and cases, to raise the power, force, and strength of the County, if need be; each and e­very man, in each and every County respectively, be­ing bound and obliged, upon his command and re­quire, to aide and assist their respective Sheriffs therein also, with the hazard of their lives, against any to all who shall oppose the same, without distinction of per­sons, offices or places, even against the King himself, when the Nation had a King. This was the onely very [Page 50] true ground and cause of our taking up Armes at first; the General being but as high Sheriff of the nation, to bring those who by force of arms kept themselves [...]om the judgement and execution of the Law, when they had broken and violated the same, the peoples liberties and freedoms therein, and so the common or Commonwealths peace, which every one so far and so much doth, as he violates and breaks the laws thereof. And I do confess that it was upon this ground, and this ground onely, that I took commissi­on, and accordingly ingaged.

A little farther. You have had proved unto you, that all the Kings of England were, before their ad­mittance into that office or place, sworn duely and truely to observe, keep, and maintaine the Ordinances, Customs, and constitutions of our forefathers, the ancient fundamental Laws of this Nation, inviolate, or the laws, customs, and constitutions of our ancestors, as the old records call them; (I chuse rather to call them by the name of our fathers, & that because we are com­manded by God to honor and obey our fathers.) They were also sworn to confirm all such other JUST Laws as the Commons or the people should chuse (it's all all one) but they must be JUST, else was not the King bound to confirme them, nor none else to keep or ob­serve them, but to loath, derest, discard, cast and throw away such laws, though made by the best of Parlia­ments, if they be found dissonant, against, or contrary unto the antient fundamental laws, principles, customs, and constitutions of this Commonwealth; in and by which, the very, real, and true freedome and liberty, and so the peace and quiet of all & every one therein, is [Page 51] fully, perfectly, and intirely kept, preserved, and maintained: even as Nature doth in the natural body; that which is against, contrary, and destructive to the fundamental laws and principles thereof, it loaths, de­tests, casts up, and throws out, because it is destructive to its peace and rest, to its being, and so the cause of death. For which cause, that no such thing or things might be made or done, to the annoyance and distur­bance of the peoples peace and being, did all the anti­ent Judges in the law (as we call them) attend the Parliament, to advise them therein, keep and preserve them therefrom. So that it appears, there ever was, is, and of necessity must be, a rule, measure, or stand­ard, by and according unto which must all occasional statutes or by-laws (as they are called) proces and proceedings in or by Parliaments, be exactly and per­fectly made and done, as there is or should be in and unto all things else. It becometh not wise men, and men in councel, to run hand over head (as we use to speak) to do things, and make laws at hap-hazard, if they intend their observation and execution: it is a shame to see what Ordinances and Acts of Parliament (as they are called) have been lately published, few or none whereof will be found to hold weight and mea­sure.

To think that Acts of Parliament must therefore be observed, and performed, and executed, because they are Acts of Parliament, is most ridiculous; for Parli­aments may make Acts, by which they may make sale, give seisin and possession of the people of the land, and the land it self, unto themselves, and some forraign State: were this to be observed, done or executed, [Page 52] think we, because it is an Act of Parliament? The Par­liament declared otherwise of King Johns Act to the Pope, when he sold the Kingdome unto him. No; all such Acts, as is before said, are void and null in themselves, be they made by Parliaments, or any other whomsoever; as every unjust Act and thing whatsoe­ver is, and may not be observed, (except to be shun­ned and avoided) performed, or executed, by any whomsoever.

This was the end, I say, of those knowing and expe­rienced men in the Laws and Constitutions of this Na­tion attending there; that so there might not be any cause or occasion of disorder or breach of peace, which such Laws and proceedings have often occasioned: which Rule or Standard is, and of necessity must be JUST, the just and true freedoms and liberties of the people, which is (undeniable by any) to be as perfectly free as God and Nature hath made them: and how free that is, I have shewed you before; or, as an English King said, he desired to make them and leave them as free as their owne thoughts. Or thus: that no man or men whomsoever may bear rule, have any power or do­minion over them or theirs, without their owne consent, election, and choice; to which the laws of God, of Nature, and of this Land, agree, beare wit­ness, command, ordaine, or appoint. Or thus: that nothing be done, offered, or attempted to be done, but as we would should be done unto us. Would any of us that any man should, without, against, or contrary to our owne consent, put, impose, or force a Master over us and upon us, or if a Master, That any should put, impose, or force, a Servant upon us, as aforesaid? [Page 53] would we that any man or men whomsoever should take us up in the streets, and carry us away, it may be from our Wives and Children, and compel us to fight, besides, against, nay contrary to our minde and will? I tell you, it is a very great wickedness and a wickedness which God will severely judge. So, would we that any man or men whomsoever, should, without our con­sent, take away our estate by or under any pretence whatever, without our consents? Every man in Eng­land will certainly say, No: and nothing is more con­trary to the laws of England, then thus doing; nor any thing accounted a greater breach of the Peoples liber­ties; and in truth, it puts them in a worse condition then were Villains in the times villanage. But to require ab­solute obedience without limitation, wereharder much, and more unreasonable and unjust, then that contract tendered by Nahash: that they should be protected by him, on condition they would put out their right eyes. He was content to leave them one to see withall: abso­lute obedience leaves us neither, but strips us quite of all, and makes us beasts, not men: which we may not yeeld unto any, no for the sake of any man or men whomsoever.

Let us a little consider the case of Villanage, as it was once in this Land. My Author hath it thus, in his 14 page; and for it he brings the Laws of Alfred, Ethelstane, Edgar, and Canute, with those of Henry the first. This was the fealty sworn unto the Lords by their Vassals: My Liege, I am your man, and bear you faith of life, mem­ber, and terrene honour, saving the faith I owe to other Lords. Or thus: My Lord, I will bear you true faith, and do you true service, as my duty to you is. And if our du­ry [Page 54] or obedience unto Parliaments exclude us from the Law, we are in worse estate then Villains: yet a Villain, who of all Vassals was fettered in greatest servitude and bondage, most bound, prohibited, and restrained from troubling or molesting his Lord; yet he, even he, might bring Actions of Trespass, and Appeals from other Counties, Cities, or Franchises. And he saith, that Glanvil, Bracton, Britton, Fleta, with the Myrrour, and others, do all agree in this, That there is in Law so great an obligation on the Lord, and so great a charge, that the Lord would often refuse to take his Tenants homage; so that there was a Writ made commanding him to take it, and by it to oblige himself to his tenant, whom he was to de­fend: and his Trespass on him had in Law, had a very great aggravation, because the Vassal was to be under the defence and protection of his Liege or Lord: and that in divers cases Vassals might defend themselves a­gainst their Lord, as for atturning and assigning his vas­sals service (which the Law permitted them to do) to his enemy or foe, for that was against the Law; where­in, as in divers other cases, the Lord might forfeit his Vassals homage and service; for his right might be for­feit, escheat, or evict by Law; and dominion over slaves was also lost, by negligence, violence, & per injustam re­sistantiam, as Bracton expresseth it: nay, there may be such delict in the Lord, as may not onely warrant, but enforce the vassal to complain and accuse his Lord, or cause him to be indited for his life in the Courts of Ju­stice, which the King himself can no more shut against the meanest subject, then he can the doors of all the Churches: (They are Fleta's own words, saith my Au­thor, and that he might go higher then a Church of [Page 55] clay.) His meaning therein is left to be considered by others, and is so by me also. He goes further, and tells us, that there be some cases in which a vassal may not onely in­dite his Lord for his life, but may appeal him, and fight against him in combat, or wage battel with him. In his 18 page he tells us, that as the vassal might do nothing against his Lord, to dis-inherit him, vel ad aliam arrocem injuriam, or do any other wickedness or injury unto him; so must not the Lord against the vassal: for if he do, say they, the homage is dis­solved, and all obligation. So that, as my Author saith in his 19 page, we see this Oath of fealty to be so limited by Law, that it bindeth no more then Law requireth; and that the same Law doth set a Vassal, nay a Villain, free from, and arm him against his own Lord, in de­fence of himself and the Laws, with the Publike good. He goes on, and tells us, from his fore-cited Authors, how that all Allegiance, Oaths of Fealty, and so all o­bedience, observance, duty, and subjection unto all, even the highest and greatest of all, is in reference to Justice, to the common good and profit of the Land, per honestum & utile, for publike peace, and common justice. Allegiance, saith he, was ad Legem, to the Laws, the Kingdom, and the Kingdoms good and pro­fit. And verily, no more, or no otherwise, may any re­quire it from any. And if Parliaments expect or re­quire it otherwise, it were much better for all the peo­ple that they were Slaves, Vassals, and Villains, as those of old: in which cases, as saith my Author in his 24 page, they debate who should be Judge: And for this, they all agree in that Fundamental Principle of Right Reason and Nature, That Parties may never be Judges in their own Causes; for which, besides all others, the [Page 56] Myrrour is large and clear, among all exceptions to the Judges person (if he have no Commission, or refuse to shew it, as he ought, or be party, &c.) of which also Britton in Appeals, cap. 22. fol. 41. So that you see plain, Parliaments may not be Judges in their own Cause, of their own Acts and doings. But who then? Why the People; first, in, by, and amongst themselves; and then, in and by their several Courts, Offices, and Officers, ordained and appointed thereunto. God himself ever hath, doth, and ever will do, submit his Commands, his Ways, his Acts, Doings, and Judge­ments, in reference to the sons of men, to be examined, tryed, and judged by the sons of men, as you will finde it thorowout the Scriptures. The God of England, nay the God of all the world, will be just, and do no­thing but what is just, and that unto the least, and com­mit the same unto the judgement of the least, even those who are his creatures; and shall any man or men in England refuse to submit their Commands, their Acts and Deeds, unto the judgement of those who are their Superiours, who made, created, and entrusted them? Sure it may not, nor it must not be. Why should we so forget our Maker?

For which cause and causes, we may not, we must not, we ought not, nay, we dare not know any person or persons, thing or things, whomsoever or whatsoever, that may or shall be otherwise ordained, appointed, in­stituted, or commanded, so as to yeeld any obedience thereunto; nor may we, nor must we, nor ought we, nor dare we to fall down and worship any man or men, or any of the Idol-inventions of any man or men whom­soever; we may onely know and do the Commands of [Page 57] our God, and the Laws, Statutes, and Ordinances of our fore-fathers. We will not go down into Egypt, into the house of bondage, from which the Lord our God hath set and kept us free: We will not (for we may not, being all and every one of us Nazarites unto the Lord) suffer our seven locks to be shaved off our heads by any Dalilah whatsoever, lest we be taken by the Philistims, and by them have both our eyes put out; and so be led (as then it is very easie to be done) and bound in fetters, to grind in the prison-house. We have kept and preserved them hitherto; we have defended and maintained our Liber­ties against Kings and Parliaments, with the hazard of our lives, the expence of our estates, and blood also. Those who have lost their locks, let them grinde in the Prison-house, if it must be so, until they be grown a­gain: but we wish it may or might be otherwise, and pray it may so be. We for our parts neither may, must, can, nor will (the Lord our God helping and as­sisting of us) give a false, unjust, untrue, unwarrantable, illegal value and estimate either of persons or of things, because we know perfectly, and fully understand, ac­cording as it is written, That in a just weight and mea­sure is and doth consist the very life and being of all things. We have the Law of our God so written and ingraven in our hearts, that we cannot do otherwise: we do in good earnest love our neighbour as our selves, and we do truely honour our Fathers; and we must, and are commanded by the Lord our God so to do, that the days may be long in the land which the Lord our God giveth us: it is the onely Command with promise. And we know this will, and that nothing else, without this, can give us the enjoyment thereof, in peace and rest (as we could [Page 58] demonstrate to all the world) and we do, or at least de­sire and endeavour to worship the Lord our God with all our heart, with all our minde, with all our soul, and with all our strength, and to serve him all our days, and him onely, even him who brought us out of the land of Egypt, and house of bondage. And for this cause, or for these reasons, is the Command and Oath of our Fathers, the Com­mand and Oath of our God, upon us; who never did, nor can, nor will command or require any thing but that which is just and right, true and good for us: yea, our own Oath manifold is upon us; and we do know why, for what cause, and to what end we entred there­into: And we fear an Oath, and it may not nor can­not be revoked for ever; for it is just and right, faith­ful and true. We must and will (God assisting) walk within our due and true bounds and limits, set, ordain­ed, and appointed unto us by the Lord our God, and by our fore-fathers, in their Laws, Ordinances, Customs and Constitutions; and in them (for that we certainly know, in the breaking of them, we break and undo our selves) and in them onely, we do and can indeed walk safely and securely, in peace, tranquillity, and rest of body and minde. They are our strong Tower, our in­vincible Castle and Fortress, out of which we cannot be beaten, and in which, we do not fear any or all the things in heaven and earth. Herein is, herein will and shall be the joy and delight of our eyes, yea, and of our souls also, and that all our days, even in the commands of our God, the Laws, Ordinances, Customs, and Con­stitutions of our fore-fathers, in which we will ever and always walk, live, and continue. Our father David did so; our fathers, Abraham, Isaac, and Jacob, did so; and [Page 59] from them we may not part, nor depart; we may not leave them nor forsake them, lest we die; nor turn either to the right hand or to the left, to do either more or less then according thereunto: but in all things, in all times, towards our selves and all men, so much and so far as we are able, will we walk perfectly upright, like men, like our selves, as we are in or after the image and like­ness of God.

And, from henceforth, let no man accuse, charge, re­proach, or condemn us, for disorderly, stubborn, re­fractory, gainsaying, backsliding, or rebellious children to God or our Fathers, for haters, despisers, or con­temners of our Neighbours, for deceitful, unkinde, or unmerciful, for enemies, traytors, or rebels: for verily, as you see, we are obedient, orderly, true, up­right, trusty, faithful, loving, respectful worshippers, honourers, observers, doers, and performers of the Commands of our God, and of our Fathers; and hearty real lovers of our Neighbour: earnestly praying, faith­fully and uprightly desiring and endeavouring their good, even as our own.

I have, in a very scattered confused manner (which I pray excuse) shewed you, in some measure, the footsteps of our Forefathers, in part, and but in part; the way and path, the good old way, in which our Fathers walked, and had peace. That which hath enlarged it so much beyond my first intentions, is the Reason shewn, Grounds given, and Foundation layd, for men to see by and stand upon; my other Treatise carrying much more in the womb of it, if it be well weighed and considered: in and by which, my desire was chiefly [Page 60] to give a stop to the extravagancies, exorbitancies, and excesses of our present times, unto those hastie, incon­siderate, violent, hot, and too too eager motions gene­rally possessing, and very greatly injuring most mens mindes; which hath and doth cause many disorders and distempers in and amongst us all; most men much over-shooting or over-running themselves, their own desires and endeavours, their own peace, aims and ends; as it is written, Whilst seeking freedom, and supposing them­selves free, they indeed become servants and slaves.

That golden apple of Unlimitedness, which Kings and Armies, yea Parliaments also, are so much taken with, and still desirous of; that Witch, that beautious taking Witch, which stripes and strips, beats, bends and bows, disrobes, makes naked, and unthrones us all. I say, My desire therein was, to give a stop and stand unto these hastie, hurrying, slippery times; and to con­sider what we are; and where we are; from what, from whence, or from whom we came: that so, like the Prodigal, we may bethink our selves of our Fathers house; and so begin to make our returns thither. And if we finde our selves not Prodigals, feeding upon husks with the swine, I am very much mistaken. And if it be not our work, our onely work, to return to him from whom and whence we came, even to our fathers house, my eyes extremely fail me; for which you shall finde at large in that Treatise: I could heartily wish it might be well looked into, and seriously considered of; it car­ries more in it then may perhaps at first be discerned: May end and way also (I hope) therein is peace, peace unto all, reconciliation with all, and a perfect uniting of us all. I have in this spoken something more plainly [Page 61] and particularly, as to the way and means in reference unto some things, as also to our continuance and sta­blishment therein. If it do appear and be found so, I will hope all English-men (for unto all I speak, or de­sie to speak, without exception) will begin not onely to look towards it, but to walk in it.

I have shewed you, that Justness, Rightness, or Righ­teousness, and it onely, is, and that it certainly is, the ve­ry life and being of all things; and that without it, no­thing possibly can be or exist: that in and by the true knowledge of things, we shall be able to give a true, just, and right estimate and valuation of things; which being done and continued, will keep a right, just, and true order, and so a constant and setled peace; which otherwise cannot possibly be.

I do profess my self enemy to no man or men, thing or things whomsoever or whatsoever; nor envie I any; nor verily know I any cause why: for I know not any that is or can be enemy unto me, envie, hate, or hurt me; for certainly there is nothing contrary unto me, though many both men and things much differing from me: all the enmities, hatreds, strifes & contentions, which are or possibly can be, arising onely (as I have already shewed) from those excesses or exorbitancies, from that intens­ness of the minde, or violent, impetuous, eager opera­tings, & restless workings of the spirit in men or things for or after mastery or predominancie, (and that up­on a great mistake, which I may not speak to now) of ha­ving or bearing the rule or sway; which when Wisdom enters, that ceases. This is so plain and clear, as I know nothing more; and yet we see it not, (it is our haste.)

We see it, as I said before, in those things we call Con­traries; [Page 62] as in Fire and Water, the one hot and dry, the other cold and moist; the one feminine, the other mas­culine; or (I had rather say) the one more hot and dry, and so more masculine; the other more cold and moist, and so more feminine: for they are in and with each o­ther, confist and subsist by each other, and cannot possi­bly be without each other: yet (I say) we see, these Con­traries (so colled) readily joyn and unite, embrance, and kiss each other, when and where this intenseness ceases. Yet a little further: where this intenseness or violent working of the spirit in any man or thing is, though it be in the self-same things, there appears the same, if not much greater enmity then in those we cal contraries: we see it thus un things of one & the very self-same nature, temper, and constitution; as in men and beasts, and all things else, when the spirit of them is excited, stirred up, and moved, as before. So that hence onely comes the enmity (let it be considered.) It is enough, (& I hope not too much.) Hence it is written, Thou shalt not covet; and that which hath enough within it self, in reference to it self, cares but little for any more. In weight and measure, in time and season, is all things; which who knows, but he that is in them? It is enough, and it is for England's sake, that I have written what I have writ­ten; (to me either this or that, any thing or nothing, it matters not) for your sakes, whose peace and happiness (without respect of persons) is heartily desired by

(Gentlemen) Your upright faithful friend and servant, in love to be commanded, Robert Norwood.

Since my writing hereof, I met with a Book intituled The first Addresses to his Excellencie the Lond General, &c. by John Spittlehouse, &c.

BY which I perceive, the Gentleman hath taken [...]o­tice of a Book I lately published, and called Eng­lands Centre and Foundation of Peace and Rest; and that he is at some things therein offended. In his 18 page to­wards the later end, he hath these words: And [...] fore, according to Captain Norwood' s rule, though [...] contrary to his opinion, in that he claimeth the aforesaid L [...] of corrupt Reason as his Fathers patrimony; and there setteth an invaluable esteem upon them in his late Book.

In his 19 page, he tells them, that they are [...] duty and service to propagate the Laws he offers, and to anni­hilate the other, which Captain Norwood would so gladly have preserved, bidding defiance even unto God himself to al­ter them, in a most impious manner; whereas there is not one text of Scripture that giveth liberty either to adde or diminish from the aforesaid Laws, or any wise to alter them.

I will in this thing, and onely in this thing, and one­ly for this once, shew the Gentleman the fruits of his rashness.

He tells you, that What he proposes, may not be altered; none may adde ought to it, or take ought from it; and that be­cause (as he saith) they were given by God. We will not blot too much paper, nor run after butterflyes; that's sport for boys, and not work for men: there is too much of it every day. But in brief, thus:

He saith, God is his Father; and I do believe him to be mine also. And then he saith, that every believer is of [Page 64] Abrahams seed. Then must Abraham needs be every be­lievers father: wherefore, until he do prove me an in­fidel, and childe of the devil, what I have written stands, & must stand, to be confirmed by all who come after, unalterable and unchangeable by any Kings or Parliaments, yea or by God himself. He may not then blame me for laying claim to, and setting so high an esteem of their Laws, but blame himself for thus con­founding himself, & calling the Laws of God my Father the Laws of Corrupt Reason. Consider by what you have seen and heard, from whom or from whence I came or did proceed. Understand you this same thing, ponder on it a little: it is written, An evil tree cannot bring forth good fruit; nor can a corrupt or pudled foun­tain send forth pure, clean, and uncorrupted streams.

This were enough for answer; but I will give you a little more. Is there the least similitude of such a thing therein, as my laying claim to Corrupt Laws, or the Laws of Corrupt Reason? Can you possibly collect such a Premise from which you can tenter and strain such a Conclusion? Say I not, that very few of the Sta­tute laws or By laws, but are disagreeing and contrary to our fore-fathers Laws, and are therefore null in themselves, and not to be executed? It was too hastie and inconsiderate a charge. Or do I, as you say, Defie God? You are apt to mistakes. I call on him to justifie, bear witness, and give testimony to or of his own Commands, as the Rechabites did: he hath commanded us to honour and obey our fathers; and he doth often prove his children, whe­ther they will be obedient, and stand fast in their obe­dience, as he did the Rechabites and others: and such who have and shall stand fast, and continue to the end, [Page 65] shall certainly have the Crown, bear and wear the Gar­land. Can God change or deny himself? No, he can­not; and if he should, by Prophet, by Dream, Voice or Vision, give a contrary Command, I will still say I will not believe it, nor do it: for what in it self, in its own nature, essence, and being, is just, right, and true, is ever and always so; is as God himself is, and remai­neth so to all eternity. It is too much; but I have done it for your sake. Yet a little further.

What if the Laws I call for prove to be the most just, the most righteous, the most equitable, and the most merciful in the whole world? who then (think you) will be found the Father of them? I have and do as­sert and aver them so to be; and that my assertion and averment must stand, with you and all men, until your self, or some other, prove them otherwise.

I give your friend also this counsel, that he well con­sider what he doth, and that he make not too much haste, left he repent himself likewise; for assuredly you know not either from what, to what, nor yet by what mean you go or move, or at least would go and move; which it becomes every wise man to know, before he begin his motion. Were not the Jews corrupt, ex­treme corrupt, above any people under heaven? as the Scriptures restifie. Were therefore the Laws of their fore-fathers so? And if any had in those corrupt times called for their fore-fathers Laws, would it have been said he called for corrupt laws, or the laws of corrupt rea­son? It is enough.

Do I call mine The centre and foundation of Englands peace and rest? And is it not so? Verily it is, and must and will be found and made so, if ever England come [Page 66] to be setled in peace and rest. Therefore I say again unto all and every one, Look well upon it, and into it; and what I have written, I have written.

By the way, know, that the punishment of Theft by death, with many other of the like nature, are none of our forefathers Laws; it was not so in the beginning, as I could prove, but introduced by another hand & way, as I could shew also; & no more to be esteemed ours, then the Idolatry of the Israelites, set up, countenanced, and maintained by a Law, could be said to be the Law of Israel; nor the oppressions and injustice done and com­mitted amongst us, be any more attributed to our fore­fathers Laws, then the putting to death of Naboth, & other wickednesses and oppressions done and committed by their Kings and Rulers could be attributed to their Laws. And so (my good friend)

Farewel.
Capt. Robert Norwood.
FINIS.

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