Quaere 1. WHether the People be not the supreme pow­er of a Nation? if so, then it is to be grant­ed, that the Ministers executing supreme Laws, are but servants, and not Masters.

Quaere 2. Whether those servants (as rightly they may be so called) be not bound to act so as that the People may make a judgment of all their actions?

Quaere 3. Whether then is it or is it not lawfull and com­mendable for any person or persons (in speciall cases, when the servants of the People denie the due administration of the su­preme Laws) to appeal to the People?

Resol. As to the first part of the first Quaere these words, whether is the People the supreme power of a Nation or not? it is concluded by all the learned, and received in all ages, that VOX POPULI is VOX DEI, above which voice no voice is able to give a Law, or ought. This Absalon knew well enough, when [Page 2]he by his dissembling and submissive carriage towards the peo­ple of Israel gained their hearts and affections so much, that at last he put himself in arms against his father David, who was brought in imminent danger, the which was avoided by Joab the vigilant Captain of Davids Hosts, and by the faithfull coun­sellour Hushai. Likewise we may see that it hath been the pra­ctice of all that have attempted changes of Government to in­vite the people to a compliance with them, and when they have a sufficient party, to countenance their attempts by these and such like pretences; 1. That it is to bring to question and con­digne punishment such as have not answered the end of their trust, as of late the evill Counsellours about the late King, upon which the late war was grounded, the which by time brought the King himself to accompt. We might repair to history and find innumerable examples of the like nature: But this is sufficient to prove the position; from whence we may draw this conclusion, That all changes whatsoever are pretended for the good of the People, and that such undertakings cannot be carried on but by their countenance and approbation; to which end tend all Declarations, wherin the ground, cause, and iustice of the war is laid down; so that by this it is evident, that they by so de­ering do make the people the supreme Judges of the cause; though it doth often fall out, that after the war is ended, the chief in­struments in the carrying on thereof do make themselves ma­sters thereby, and fasten obedience upon that people (whose cause & interest they formerly served) by the peoples arms and treasures: and, like traytors, give lawes to them whose interest they ought still to have served.

This was clear to the Germans, who in Vitellius his time at­tempted to redeem their liberty by Armes, who animated each the other thereto by this saying, as is mentioned by Tacitus, That the Romans held the obedience of the Provinces, with the bloud and treasure of the Provinces; in the same condition are all that are under a tyranny, they are held in obedience to the tyranny by their own bloud, treasure, and armes. It is clear that the people are the Supreme Power, for that the Ministers of State do make them Judges of War, or Peace, by their De­clarations, [Page 3]and for that they repair to them to be aided by themselves and their treasure, without which aid it is unpossi­ble a war can be carried on; we will not in this discourse under­take to lay down Rules for prevention of this evill, but shall in another work that shall be shortly published, with this title [The grand Politique Informer.]

2. As to the last clause of the first Quaere, viz. That the Mi­nisters of State, executing of Supreme Lawes, are but Servants, and not Masters.

1. We shall show you what Lawes are Supreme, and there­fore to continue.

2. What Lawes are not Supreme, but pro tempore.

1. Supreme Lawes are such as are of common benefit to all, without distinction, to which there is a generall compliance and consent, of which sort we the people of England have many, as the Great Charter, Chap. 29. No Free-man shall be taken, or imprisoned, or be disseised of his Free holds, or liberty, or free customes, or be out lawed, or be exiled, or any wise destroyed, nor we shall not passe upon him nor deal with him, but by the lawful judgement of his Peers, or by the Law of the Land, we shall sell to no m [...]n, we shall deny nor debar no man neither Justice nor Right; we might here write a volume upon this blessed Law, but fur­ther to show we are better stored then to dwell here, as Anno 5. Ed. 3. Ch. 9. No man from henceforth shall be attached by any ac­cusation, nor fore judged of life or limb, nor his lands, tenements, goods, nor chattell scised into the Kings hands; against the fo [...]me of the Great Charter, and the Law of the Land. Likewise Anno 25. Ed. 3. Ch. 4. From henceforth none shall be taken by Petition or suggestion made to our Soveraigne Lord the King, or to his Coun­cell, unlesse it be by Indictment or Presentment of good and lawfull men, where such deeds be done in due manner, or by Proces made by Writ Originall at the Common-Law, nor that none be put out of his Franchises, nor of his Free-hold, unlesse he be duly brought in to answer, and judged of the same by way of Law; and if any thing be done against the same, it shall be holden for nothing. In this Sta­tute you may read the Supremacy of the Law of England, wherein is enacted, commanded, and confirmed, that whatsoe­ver [Page 4]should be done contrary to the Law, it should bee invalid: Anno 28. Ed. 3. Ch. 3. No man of what estate or condition he be, shall be put out of Land or Tenement, or taken, or imprisoned, or disinherited, or put to death, without being brought in to answer by due processe of Law. Further we shall make it appeare, that those Lawes are the Peoples Lawes, and that they did force their Princes to a condescention thereto; and that the Parlia­ments formerly of this Nation, nor the Kings had, in either or both of them Supreme Power, but it is to be found in the peo­ple; any man of reason and sound judgement will grant, that that King or Parliament that shall act or ordain any thing that shall be prejudiciall to the Publike, it cannot be supposed that that Authority can stand long: Then on the other hand it is to be granted, that that King, Parliament, or Senate, that acteth to the good of a People in generall, they are to stand and continue, and are not so subject to changes, as they that act to their detriment, so that it is the Peoples approbation that is the cause of continuance, it is the Peoples disapprobation that causeth a discontinuance of either Governors or Law: to prove that the Lawes are rather the Peoples, then the Princes or Mi­nisters of State; Suppose that the People in generall desire a­ny particular Law to be repealed, is it safe for that Prince, or Minister, or Ministers of State to deny them in their desire? the like if they desire to have any Law enacted: We shall instance a case or two to this purpose, as that of 24. Ed. 3. Ch. 10. up­on the Petition of the Commons of England put into Parlia­ment, desiring, that the Children born at Calis beyond the Sea might be naturalized. Be it Enacted, &c.

So you see plainly, that the originall of that Law received a being from the desire of the people; and the Parliament seem­ed here to be like a Court of Record, wherein they ought not to enact, ordain, or institute any thing but what is desired by the people, or at least not to enact, ordain, or institute any thing whatsoever against which the publike hath any just excep­tions. Nay in the Statute of Hen. 4. chap. 22. it was ordained, That it should be lawfull for a private person to present his Excepti­ons against any Act of Parliament, provided that upon good ground [Page 5]he could make it appear, that that Act, or any part against which be layeth his Exceptions were prejudiciall to the Publique, or the just right of a particular; the words are these, No person shall be grieved for suing to break or alter any thing although in Parliament Enacted. Further we find, that the people of England are Su­preme, and that they have alwayes by their importunity, dis­position, and affection, to just preserving liberty, necessitated their Princes, with the rest of the Ministers of State, to ratifie and confirme such Lawes as they desired, of which sort was Magna Charta, the which they did not only barely enjoy, but they, we mean, our Fore-fathers did Enact, Anno 28. Ed. 1. ch. 1. From henceforth the great Charter of the Liberty of England granted to all the Commonwealth of the Realm, and the Charter of Forest in like manner granted, shall be observed, kept and maintained in every point, in as ample wise as the King hath granted, renewed, and confirmed them by his Charter, and that the Charter be delivered to every Sheriff of England under the Kings Seal to be read four times in the year; 1. before the people in the full County that is to wit, the next County day after the Feast of of S. Michael, and the next County-day after the Feast of Christ­m [...]s, and after Easter, and after the Feast of S. John Baptist; and for these two Charters to be observed in every point and Article: what a treason is this in the Sheriffes for omitting and neglect­ing to follow those instructions contained in the aforementi­oned Statute, by which the people of England might have been at this day truly informed of their Liberty; it is peoples igno­rance of their Liberties that doth imbolden Usurpers and Ty­rants all the world over; Oh Englishmen! Englishmen! we the Quest of Inquiry, have found that Aristotles opinion is very good, and safe to be followed, that it is better for a people to trust to good Laws to govern by, then to good men to govern: we know, and are informed from the Scriptures, that Angells have turn'd devills, and nothing so sure, as that pretended Saints may turne devills, although they promise to govern you better by their outward form of holinesse, then by your divine Lawes, in which you may discerne that they were written by the Finger of God. (Let not it be heard say the People of Eng­land [Page 6]have parted with their Lawes, but rather revive them, and reform the execution of them, and let not any party grow to that strength, to convert or change them to their particular profit; the Laws are wrested as the Scripture, he that is a Ty­rant would willingly take away that, or such like Law, that pro­vides so sufficiently against tyranny and usurpation, as the Law of England doth; those that endeavour the taking away of the English Law, may be suspected of making preparation to ty­ranny, and to rule by their wills instead of Lawes: these pre­tences we say are not to be hearkened to; by all which it doth appear, that the People, and the Lawes consented to, and ap­proved by the People are Supreme; here we may only mention one clause of the oath of the Senate of Rome, which is, That they shall judge according to the Lawes approved by the City or Commonwealth. Likewise we may take notice of that clause of the Statute aforementioned, An. 28. Ed. 1. ch. 1. wherein is pro­vided, that Magna Charta should be read four times a yeare; it was like that instruction that God gave the Israelites, that they should read often, and tell their children of the Laws and won­ders of God; now we shall inquire, since we have found the people are Supreme, and their Laws Supreme, let us inquire whether or no, that the Ministers executing Supreme Laws, be Servants or Masters: To that purpose we will make choice of one of the most absolute Princes, in the world, and see whether he be Master or servant. We find the Cham of Tarta­ria to be the absolutest Prince upon the face of the whole earth, as Grimpston folio 710 upon the Coronation of their Em­peror, they the People say unto him (being assembled) We will and commind thee to command us; upon which he answereth thus, If you will and command me to obey you in this, as of necessity J must, then resolve to obey me in all that [...] shall command you; so that although he hath absolute power afterwards during his life, yet what he doth therein, is but in subordination to that Supreme Command of that people, and what he commands, is but in obedience to them. But here some may say, this is at too great a distance from home to be a binding example: but to strengthen this, we may instance that clause of 18. Ed. 3. Stat. 3. [Page 7]it enacteth, that Judges and lustices shall sweare, well and lawful­ly to serve the Lord the King and the people: the which plainly proveth, that they are but servants; nay the King himself was no other by his trust: but as to his person he was a member, and therefore could sue and plead in his personall right: neither had he any more benefit by the Law then any member of the Commonwealth.

Quaere 2. Whether or no are the Ministers of State bound to act so as that the people may make a judgment of their actings?

In this we may travell far, and cite innumerable instances to prove this position, that all Ministers of State are bound to act so as that the people may make a judgment of their actings: 1. If it were but common or ordinary prudence, to oblige a people. 2. It would be safe for them so to do, if it were but to disco­ver where they may meet with opposition, the better thereby to lay a foundation to prevent changes. 3. If it were but to ob­lige a people thereby to increase and strengthen themselves, by drawing the greater strength to their party. Here we will not repair to ancient Authors, but only to our Law-Books, as first the preamble to the Statute of 25. Ed. 3. in these words, Because that some people be in doubt, &c. our Soveraigne Lord the King willing that all doubts and ambiguities should be taken away; and to put the Law to be certain in that case, hath therefore charged the Lords, Barons, and Commons assembled in Parliament to deli­berate on this point, &c. so that it is clear that it was lawfull for the people to question any matter of publike concernment; and it highly concerned those in great trust to satisfie the doubtings of the people, if it were not their duty. Likewise in a poore and inferior matter concerning lusty Beggars and Vagabonds, the which might be least doubted ever to be questioned, the Kings and Parliaments formerly have been carefull to satisfie the people, as in the preamble of the Stat. 28. H. 8. ch. 12. VVhere­as of long time Vagabonds and Beggars have increased, and thereby many murders and robberies have been committed, to the great hurt of the people, therefore be it enacted, &c. which doth as it were speak forth thus much, That they durst not, nor would presume [Page 8]to present any thing to be Law, but what the people might judg to be of absolute necessity. Likewise the Act of the 21. of K. James, entituled an Act against Usury, where is a very large preamble to this purpose, That whereas Land being undervalued, and yeeld­ing no considerable price, and for that, many Merchants, and other Tradesmen, and Farmers are ruined, by their borrowing many sums of money at a high interest; it was thereby Enacted, that money should not be let at more then 8. in the 100. Here the King and Parliament show the ground upon which they doe this, the end to which they do it, that is to say, because that many are ruined, they by so enacting do it to prevent the like inconveni­encies; so that before that it is enacted, they doe (as in duty they ought) endeavour to lay down convincing reasons, that the People may judge they do it upon a just accompt; besides they here affirm it doth answer that end which all Laws should, viz. for the good of the People, and for the prevention of fu­ture evill.

Likewise that Act of 21. of King James entituled an Act for the grant of three entire Subsidies, and three Fifterns and Tenths granted by the Temporalities, in these words; Foras­much as we your Subjects being assembled in Parliament, (as much as to say in the name of the People of England) having taken into our serious consideration the weighty and most important causes, which at this present time more then at any time heretofore, do presse your Majesty to a much greater expence and charge, then your own treasure alone can at this present support and maintain; and like­wise of the injuries and indignities which have been offered your Majesty, and your children, under colour, and during the Treaty about the Marriage with Spain, and the restitution of the Palati­nat, which in this Parliament have been clearly discoursed and laid open unto us; and withall, what humble advice, with one con­sent and voice, we have given to your Majesty, to dissolve those Treaties, which your Majesty hath been graciously pleased, to our exceeding joy and comfort, fully to yeeld unto, and accordingly have made your publike Declaration for the reall and utter dissolu­tion of them, by means whereof your Majesty may happily be inga­ged in a suddain war: we (that is to say the Representative of the [Page 9]People) do give unto your Majesty, and all the world, an ample testimony of our affections and readinesse to assist you therein, for the maintenance of that war that may hereupon ensue, and more parti­cularly for the defence of this Realm of England; therefore we have resolved to grant your Majesty the greatest aid that ever was grant­ed in Parliament, therefore be it enacted, &c. Here you see the grounds and reasons are laid down why it is enacted, so that the People may judge of it, and that it is granted by the People, they being satisfied of the necessity, and that it was in order to defend them, and the like; this was granted by the Peoples ser­vants in Parliament, or their Representative: but we shall clearly prove that they that are legally chosen are but servants, as 8. H. 6. ch. 7. And the Knights serving in Parliament con­trary to the aforesaid Order, shall lose their wages, &c. Likewise 23. H. 6. ch. 11. whereas before this time divers Sheriffes in divers Counties of England, have by colour of VVrits directed to them, levied the wages of the Knights of the shires, &c. Also the 35. of H. 8. ch. 11. be it enacted, That the Sheriffes shall have power to levy the wages for the Burgesses serving in Parliament. Now ha­ving proved all chief Ministers of State to be but servants, and that they are bound to give accompt to their Masters the people; but since many servants of late having had power in their hands, protect themselves thereby from giving accompt of their act­ings, as of right they ought: we the Quest of Inquiry do declare, that upon our next meeting weshal inquire, & doubt not but to find an expedient to force such obstinate traytors to their duty.

Here we must presse one consideration more, which will serve to prove, that the People of England ought to be satisfied by the acting of the persons in Supreme Trust, and that there was much of that nature alive, even in the times when absolutenesse began to gain footing upon our Liberties, as by the preamble of an Act Anno 17. Caroli Regis, it being instituted, An Act for the speedy provision of money for disbanding the Armies, and setling the peace of the two Kingdomes of England and Scotland, where in the preamble is shewed, the necessity of the levying of great sums of mo­ney, for the continuing of peace, and the well being of England and Scotland, laid down so, that the people might judge of the necessity; [Page 10]yet they go further, as in this clause, ☞ That we hope the well-affected persons in this so visible exigent of the Commonwealth, will chearfully submit, &c. as much as to say, if that there were not a visible necessity, they were not bound to submit.

This we find to be the right temper of faithfull servants to publike interest; but on the contrary we find, that tyrants and u­surpers are of another temper, as the late King, that alledged, he was accomptable to none but God alone: so others that pre­sume to alter, change, enact, and institute, and impose commands upon a People, give no account but necessity, and religious pre­tences, which serve for nothing but a cloak and covering for to deceive a people, but in effect challenge any that dare question them, and by clattering of armes, awe a people to a conformity to absolutenesse.

One clause which we forgot to inquire into was, what Laws are protempore? and we find that such Laws as are made in favour of a tyrant, or by a tyrant, they are no longer in force then a People is awed to a conformity by armes, the which are illegal, but are not questioned, because a people have not power.

Quere 3. Whether is it, or is it not lawfull and com­mendable, for any person or persons, in case that the Servants, or Ministers of State or Justice, do deny the due administration of the Supreme Laws, in this case to appeal to the People? The former Positions being granted, we have the lesse to do in this resolve. 1. We find that the People are Supreme, and that the Ministers of State are but Servants, and not Masters; and that the Laws consented to by the People, or that are desired by the People, are Supreme, and that all other Laws are illegall.

2. That all Ministers of State, that is to say, the Servants of the People, are bound to give an accompt of all their actions to their Masters the People.

Now seeing it is so, we draw from thence this conclusion, that it is lawfull for any person or persons, in case of denial of Justice, or for refusal of any legal Petition, in this case to appeal to the People; and therefore John Lilburnes expression (used by him on Saturday 16. Iuly, at the Sessions, where he stood a pri­soner at the Bar) in these words, Then I appeal to the People; we [Page 11]the Quest of Inquiry find him not guilty of any crime for so do­ing.

We shall shew upon what ground we deliver this Verdict.

First, we find one notable example in Scripture, in the 19. and 20. cha. of Judges, of the Levite, whose Concubin the men of Gibeah forced to death; upon this, the Levite cut her in twelve pieces, and sent her to the twelve Tribes of Israel, and all that saw it, said, there hath not such wickednesse been committed since the children of Israel came up out of the Land of Egypt, unto this day, consider of it, take advice, and speak your minds, upon which the People of Israel do assemble to ask counsell of the Lord at Mespah, whether after the appeal of the Levite they should make war upon Benjamin, the Lord answereth that they should, upon the Benjamites refusall to deliver those wicked a­ctors a war follow'd, of Israel 40000. men of war in two seve­ral battels were slain, & at two other battels of Benjamin 45100. men of war slain. Now if it were a duty of the people of Israel to revenge the death of one poore filly woman, with the haz­zarding the lives of so many men of War, what a sin would it have been for Israel to have refused to have helped the Levite if he had called to them for aid!

We shall also instance the Switzers noble spirit, as to this; they will not suffer any one of their Members to suffer injustice, or wrong, as was concluded, ratified, and confirmed at the league of the Canton of Zurich, with the four other Cantons; that is to say, Lucèrn, Vry, Suitz, and the Canton of Ʋndervald, in these words, If it shall happen that any one comprehended in this League, shall receive any wrong which requires present help, then must we all presently suocour him, in such sort, as the wrong may be repaired, or revenged without delay; and indeed it was upon the wrong that one man received, that they flung off their tyran­nizing Lords; Rome flung off Tarquin for his dishonoring Lu­cretia; a great and heavy curse, plague, and vengeance of God wil pursue such a People, that stops their ears when the meanest of their members should appeal unto them, in case of debarring them the benefit of Law, or of injustice, the bloud of that man that is spilt by any whatsoever, especially of such a person that [Page 12]never offended the Law in any point, but was still on opposer of corrupt interest; do but consider this clause of the Act of Par­liament. Ed. 3. ch. 1. We greatly moved of conscience in this mat­ter, and for this cause desiring as much for the pleasure of God, and quietnesse of the People, &c. do Enact, that none shall be debar'd of the benefit of Law, although commands should come from the great Seal, and little Seal, although such commands should come from ourselves, yet the Judges and Justices shal not notwithstanding cease to do right according to the Law of the Land. This you may gather from hence, that if the doing of Justice according to Law would produce quietness to the People; on the contrary, if they had not Justice according to the Law, they the People might interpose and prevent all arbitrary Acts whatsoever: Likewise all the Courts of Justice in England, have been, and ought to be open and free for all that would hear to hear, that none might be taken away unjustly, nor without their consents, that is, by Juries. Likewise, God commanded that the Judges should fit in the gates of the Cities publikely, that all men might judge the Judges; and if any at the Bar of Justice should complaine of Injustice, having just cause so to do, the People are to enquire into the matter; and if any should be condemned illegally, no Officer, either Military or Civill, is bound to see the execution of any unjust sentence whatsoever; as Dio writeth of Trajan that good Emperour, when he made the Captain of his Guard with this ceremony; gave him a naked Sword into his hand, say­ing, Take this Sword, and if I command well, use it for me, and if I do amisse, imploy it against me. Here may arise a question, who shall be Judge of a Princes or Minister of States doing, well or ill? we answer, that the People ought to be their Judges by their Lawes; and if any command whatsoever that is not for their good, and according to their Laws no person or persons are bound to a submission, in no case whatsoever.

It is convenient this be printed and published, to the view of the Nation.