I. An Ownership and Undisturbed Possession.

This relates both to title and security of estate, and liberty of person from the violence of [...]rary Power.

'Tis true, the foot-steps of the British Government are very much over grown b [...] time. There is scarcely any thing remarka­ble left us but what we are behold [...]n to strangers for: Either their own unskilfulness in letters, or their depopulation and con­quests by invaders, have deprived the world of a particular story of their laws and customs, in peace or war. However Caesar, Ta­citus, and especially Dion, say enough to prove their nature and their government to be as far from slavish, as their breeding and manners were remote from the education and greater skill of the Romans: Beda and M. Westminster say as much.

The law of Property they observed, and made those laws that concerned the preservation of it.

The Saxons brought no alteration to these two fundamentals of our English government; for they were a free people, governed by laws, of which they themselves were the makers: That is, there was no law made without the consent of the people, de m [...] ­jorib [...]s omnes, as Tacitus observeth, of the Germans in general. They lost nothing by transporting of themselves hither; and doubtless found a greater consistency between their laws, than their ambition. For the learned collector of the British councils tells us, that Ethel [...]ton the Saxon King, pleading with the people, told them, "Seeing I. according to your law, allow what is yours, do ye so with me." Whence three things are observable. First, That something was theirs, that no body else could dispose of. Secondly, That they had property by their own law, therefore they had a share in making their own laws. Thirdly, That the law was umpire between king and people; neither of them ought to infringe: This, [...]na, the great Saxon king, confirms. "There is no great man," saith he "nor any other in the whole king­dom, that may abolish written laws." It was also a great part of the Saxon oath, administered to the Kings, at their entrance upon the government, "To maintain and rule according to the laws of the nation."

Their Parliament they called Micklemote, or Wittangemote. It consi [...]ed of King, Lords, and People, before the Clergy inter­wove themselves with the Civil Government. And Andrew Horn [...] in his Mirror of Justice, tells us, that "the Grand Assem­bly of the kingdom in the Saxon time, was to confer of the go­vernment [Page 7] of God's people, how they might be kept from sin, in quiet, and have right done them, according to the customs and laws."

Nor did this law end with the Saxon race: William the Con­q [...]eror, as he is usually called, quitting all claim by conquest, gladly stooped to the laws observed by the Saxon Kings, and so became a King by leave; valuing a title by election, before that founded in power only. He therefore, at his coronation [...] made a solemn covenant, to maintain the good, approved, and ancient laws of this kingdom, and to inhibit all spoil and unjust judgment.

And this Henry the first, his third son, among other his titles mentioned in his charter, to make Ely a Bishoprick, calls himself "Son of William the Great, who by hereditary right, (not con­quest) succeeded King Edward (called the Confessor) in this kingdom."

An ancient chronicle of Lit [...]hfield, speaks of a Council of Lords that advised William of Normandy, to call together all the Nobles and wise men throughout their counties of England, that they might set down their own laws and customs; which was about the fourth year of his reign: Which implies that they had funda­mental laws, and that he intended their confirmation.

And one of the first laws made by this King, which, as a nota­ble author saith, "may be called the first Magna C [...]arta in the Norman times" (by which he reserved to himself nothing of the FREEMEN of this kingdom, but their FREE-SERVICE) in the con­clusion of it, saith, "That the lands of the inhabitants of this kingdom were granted to them in inheritance of the King, and by the Common Council of the whole kingdom;" which law doth also provide, "That they shall hold their lands and tene [...]ents well or quietly, and in peace, from all unjust tax and tillage;" Which is farther expounded in the laws of Henry the First, chap. 4. "That no tribute or tax should be taken, but what was due in Edward the Confessor's time." So that the Norman King [...] claim no other right in the lands and possessions of any of their subjects, than according to English law and right.

And so tender were they of p [...]perty in those times, that when justice itself became importunate in a case, no distress could issue without publick warrant obtained: Nor that neither, but upon three complaints first made. Nay, when rape and plunder were rise, and men seemed to have no more right to their own, than they had power to maintain, even [...] then was this law a sufficient sanctuary to the oppressed, by being publickly pleaded at the bar against [...]surpation; though it were under the pretence of their conqueror's right itself; as by the case of Edwi [...] of Sharnbo [...]rn in Cambden's Britannia, plainly appears.

The like obligation to maintain this fundamental law of PROPERTY with the appendent Rights of the People, was taken by William Rufus, Henry the First, Stephen, Henry the Second. [Page 8] Richard the First, John, and Henry the Third: Which brings me to that famous law, called Magna Charta, or the Great Charter of England, of which more anon; it being my design to shew, that nothing of the essential rights of Englishmen was thereby, de novo, granted, as in civility to King Henry the Third it is termed; but that they were therein only repeated and confirmed. Where­fore [...] shall return to antecedent times, to fetch down the remain­ing rights.

The second part of this first fundamental is liberty of person. The Saxons were so tender in the point of imprisonment, that there was little or no use made of it: Nor would they so punish their bondmen, vinculis coercere rarum est.

In case of debt or damage, the recovery thereof [...]as either by a delivery of the just value in goods, or, upon the sheriffs sale of the goods, in money; and if that satisfied not, the land was ex­tended: And when all was gone, they were accustomed to make their last seizure upon the party's arms, and then he was reputed an undone man, and cast upon the charity of his friends for sub­sist [...]nce: But his person was never imprisoned for the debt: No, not in the King's case. And to the honour of King Alfred be it spoken, he imprisoned one of his judges for imprisoning a man in that case.

We find among his laws this passage, Qui imm [...]rentem Paganum vinculis constrinxerit, decem s [...]lidis noxam sarcit [...]: ‘That if a man should imprison his vassal or bond-man unjustly, his purgation of that offence should not be less than the payment of ten shil­lings;’ a sum very considerable in those days, more than ten pounds now.

Nor did the revolution from Saxon to Norman drop this privi­lege: For besides the general confirmation of former rights by William, sirnamed the Conqueror, his son Henry the First, parti­cularly took such care of continuing this part of property invio­l [...]ble, that, in his time, no person was to be imprisoned for com­mitting of mortal crime itself, unless he was first attainted by the verdict of twelve men; that is, [...]a jury, which was to be of the neighbourhood.

Thus much for the first of my three fundamentals, right of estate, and liberty of person; That is to say, I am no man's bond-man, and what I possess is ABSOLUTELY MINE OWN.

II. A Voting of every Law that is made, whereby that Ownership or Property may be maintained,

This second fundamental of our English Government, was no incroachment upon the Kings of more modern ages, but extant long before the Great Charter made in the reign of Henry III. Even as early as the Britains themselves; and that it continued to the time of Henry III. is evident from several instances.

Caesar, in his commentaries, tells us, that it was the custom of the British cities, to elect their General, or Commander in Chief, [Page 9] in case of war. Dion assures us, in the life of Severus the Empe­ror, that in Britain the people held a share in power and govern­ment; which is the modestest construction his words will bear. And Tacitus, in the life of Ag [...]ippa, says, "They had a Com­mon Council, and that one great reason of their overthrow by the Romans, was, their not consulting with, and rely [...]ng upon their Common Council." Again, both Beda, and Mat. Westminster tell us, that the Britains summoned a Synod, chose their modera­tor, and expelled the Pelagian creed. All which supposes POPU­LAR ASSEMBLIES, with power to order national affairs.

And indeed the learned author of the British Councils gives some hints to this purpose, that they had a Common Council, and called it Kyfr-ythen.

The Saxons were not inferior to the Britains in this point, and story furnisheth us with more and plainer proofs. They brought this LIBERTY along with them, and it was not likely they should lose it, by transporting themselves into a country where they also found it. Tac [...]tus reports it to have been generally the German liberty; like unto the Concio of the Athenians and Lacedae­monians.

They called their freemen Frilingi, and these had votes in the making and executing the general laws of the kingdom.

In E [...]helbert's time, after the monk Austin's insinuations had made his follower's a part of the government [...] the Commune Con­silium was tam C [...]ri quam Populi, as well Clergy as People. In Ina's time, Suasu & insti [...]uto Episcoporum, omnium Senatorum & natu majorem Sapientum Popu [...]i; Bishops, Lords and wise men of the People. Alfred, after him, reformed the former laws, c [...]nsulto Sapientum, by the advice of the Sages of the kingdom. Likewise matters of public and general charge, in case of war, &c. we have granted in the assembly, R [...]g [...], Baron [...]bus, & Populo, by the King, Barons, and People. And though the Saxon word properly im­ports the meeting of wise men, yet all that would come might be present, and interpose their like or dislike of the present proposi­tion: As that of Ina, in magnâ servorum Del frequentiâ. Again, Commune Consilium seniorum & populorum totius r [...]gni; the Common Council of the Elders, or Nobles, and People of the whole king­dom. The Council of Winton, Ann. 855, is said to be in the pre­sence of the Great Men, ali [...]ru [...] (que) [...]idelium infinitâ multitudine; and an infinite multitude of other faithful people; which was nigh four hundred years before the Great Charter was made.

My last instance of the Saxon age shall be out of the Glossary of the learned English Knight, H. Spelman: ‘The Saxon Wittan­gemote or Parliament,’ said he, ‘is a convention of the Prin­ces, as well Bishops as Magistrates, and the free People of the kingdom:’ And that the said Wittange [...]ote consulted of the common safety in peace and war, and for the promotion of the common good.

[Page 10]William of Normandy chose rather to rely upon the PEOPLE's CONSENT, than his own power, to obtain the kingdom. He swore to them to maintain their old laws and privileges; they to him obedience for his so governing of them: For, as a certain author hath it, "He bound himself to be Just [...] that he might be Great; and the People to submit to Justice, that they might be Free." In his laws, c. 55. ‘We, by the Common Council of the whole Kingdom, have granted the People's Lands to them in Inheri­tance, according to their ancient Laws.’

Matters of general expence upon the whole body of the people, were settled by this great Council, especially in the charge of arms imposed upon the subject. The law saith it to have been done by the Commune Consilium of the kingdom.

So W. Rufus and Henry the First were received by the common consent of the people. And Stephen's words were, Ego Stephanus, Dei grati [...], assensu Cleri & Populi in Regno Angliae electus, &c. ‘I Stephen by the Grace of God, and consent of the Clergy and People, chosen King of England, &c.’ So King John was cho­sen, Tam Cleri quan Populi unanimi consensu & favore, ‘By the fa­vour and unanimous consent of the Clergy and People:’ And his Queen is said to have been crowned de communi consensu & con­cordi vo [...]untate Archiepiscoporum, Comitum, Baronum, Cleri et P [...]puli t [...]tius R [...]gni, ‘By the common assent and unanimous good-will of the Arch-Bishops, Bishops, Counts, Barons, Clergy and People of the whole Kingdom.’ King Edward the First, also desired of the Commune Consilium, or Parliament, ‘As you have given in my time, and that of my Progenitors, Kings, &c.’ All which shows, that it was antecedent to the Great Charter, not the rights therein repeated and confirmed, but the act itself.

And King John's resignation of the Crown to the Pope, being questioned upon some occa [...]on in Edward the Third's time, it was agreed upon, that he had no power to do it, without the consent of the Dukes, Prelates, Barons and Commons:

And as paradoxical as any may please to think it, 'tis the great interest of a Prince, that the People should have a share in the making of their own laws; where 'tis otherwise, they are no Kings of FREE-MEN, but SLAV [...], and those their enemies, for making them so. Leg [...] null [...] [...]hâ [...]sâ nos tenent, quam quod judici [...] po [...]uli receptae sunt, ‘The laws,’ saith Ulpian, ‘do therefore oblige the people, be­cause they are allowed of by their judgment.’ And Gratian, in Dec. distinct. 4. " Tum demum [...] leges [...]abent vim suam, cum fueriat non mode institu [...]ae, sed e [...]iam firmatae Approbatione Communi­tates:" [...]t is then (saith he) that human laws have their due force, when they shall not only be devised, but confirmed by the approbation of the people."

I. [...] [...]kes men diligent, and increaseth trade, which advances the revenue: For where men ARE NOT FREE, they will not seek to improve, because they are not sure of what they have, and less of what they get.

[Page 11]II. It [...]ees the Prince from the jealousy and hate of his people; and consequently the troubles and danger that follow, and makes his province easy and safe.

III. If any inconvenience attends the execution of any law, the Prince is not to be blam'd; it is their own fault that made it.

I shall now proceed to the third Fundamental, and by plain evidence prove it to have been a material part of the government, before the Great Charter was enacted.

III. The People have an Influence upon, and a great share in the Judicatory Power, &c.

That it was a British custom I will not affirm, but have some reason to suppose: For if the Saxons had brought it with them, they would also have left it behind them, and in all likelihood there would have been some footsteps in Saxony of such a law or custom, which we find not. I will not enter the lifts with any about this: This shall suffice me, that we find it early among the Saxons in this country, and if they, A FREE PEOPLE in their own country, settling themselves here as a new planted colony, did supply what was defective in their own government, or add some new freedom to themselves, AS ALL PLANTLRS ARE WONT TO DO, which are as those first and corner stones, THEIR POSTE­RITY, with all care and skill, are to build upon, that itself will serve my turn to prove it a fundamental: That is, such a first principle in our English Government, by the agreement of the people, as ought not to be violated. I would not be understood of the number, but of the way of trial: I mean, that men were not to be condemned but by the votes of the freemen.

N. Bacon thinks that in ruder times the mu [...]ti [...]de [...]ried all among themselves; and fancies it came from the Grecians, who determined controversies by the suffrage of 34, or the major part of them.

Be that as it will, juries the Saxons had; for in the laws of King Etheldred, about three hundred years before the entrance of the Nor­man Duke, we find enacted, in singulis centuriis, &c. thus Englished, ‘In every Hundred let there be a Court, and let twelve ancient Freemen, together with the Lord of the Hundred, be sworn, that they will not condemn the Innocent, or acquit the Guilty.’ And so strict were they, of those ages, in observing this fundamental way of judicature, that Alfred put one his judges to death, for passing sentence upon a verdict (corruptly obtained) upon the votes of the jurors, three of twelve being in the negative. If the number was so sacred, what was the Constitution itself?

The very same King executed another of his judges, for passing sentence of death upon an ignoramus returned by the jury; and a third for condemning a man upon an inquest taken ex offi [...]i [...], when as the delinquent had not put himself upon their trial. More of his justice might be mentioned even in this very case.

There was also a law made in the time of Eth [...]ldred, when the Britains and Saxons began to grow tame to each other, and intercom­mon [Page 12] amicably, that saith, "Let there be tweve men of understand­ing, &c. six English and six Welsh, and let them deal justice both to English and Welsh.

Also in those simple times, if a crime extended but to some shame­ful punishment, as pillory or whipping (the last whereof, as usual as it has been with us, was inf [...]icted only upon their bondmen) the pe­nance might be reduced to a ransom, according to the nature of the fault; but it must be assest in the presence of the judge, and by the twelve, that is the jury of frilingi, or freemen.

Hitherto stories tell us of trials by juries, and those to have con­sisted, in general terms, of freemen: But per pares, or by equals, came after, occasioned by the considerable Saxons neglecting that ser­vice, and leaving it to the inferior people, who lost the bench, their ancient right, because they were not thought proper company for a judge or sheriff: And also from the growing pride of the Danes, who slighted such a rural judicature, and despised the fellowship of the mean Saxon freemen in public service. The wise Saxon King perceiving this, and the dangerous consequence of submitting the lives and liberties of the inferior (but not less useful) people to the dictates of any such haughty humour; and on the other hand, of subjecting the nobler sort to the suffrage of the inferior rank, did, with the advice of his Wittangemote, or Parliament, provide a third way, more equal and grateful, and by agreement with Gunthurn the Dane, settled the law of Peers, or equals; which is the envy of na­tions, but the famous privilege of our English people: One of those three pillars the fabric of this ancient and free government stands upon.

This benefit gets strength by time, and is received by the Norman Duke and his successors; and not only confirmed in the lump of other privileges, but in one notable case, for all, which might be brought to prove that the fundamental privileges mentioned in the Great Charter, 9 of Hen [...] III. were before it. The story is more at large delivered by our learned Selden: Butthus, William having given his brother Odo a large territory in Kent, with the [...]arldom, and he he taking advantage at the King's being displeased with the Archbishop of Canterbury, to possess himself of some of the lands of that See, Lankfrank, that succeeded the Archbishop, informed hereof, peti­tioned the King for justice, secundum legem terrae, according to the law of the land: Upon which the King summoned a County-Court, where the debate lasted three days, before the freemen of Kent, in the presence of Lords and Bishops, and others skilful in the law, and the judgment passed for the Archbishop, upon the votes of the freemen.

By all which it is, I hope, sufficiently and inoffensively manifested, that these three principles, viz.

I. That Englishmen have THE ALONE RIGHT of possession and disposition of what is theirs.

II. That they are parties to the laws of their country, for the maintenance thereof.

[Page 13]III. That they have an influence upon, and a real share in the ju­dicatory [...]ower, that applies those laws [...] have been the ancient rights of the kingdom; and common basis of the government: That which Kings, under all revolutions have [...]worn to maintain, and History af­fords us so many precede [...]ts to confirm. So that the Great Charter made in the 9th of Hen. III. was not the nativity, but restoration of ancient privileges from abuses. No grant of new rights, but a new grant, or confirmation rather, of ancient laws and liberties, violated by King John, and restored by his successor, at the expence of a long and bloody war; which shewed them as resolute to keep, as their ancestors had been careful to make those excellent laws.

And so I am come to the Great Charter [...] which is comprehensive of what I have already been discoursing, and which I shall briefly touch upon, with those successive statutes that have been made in honour and preservation of it.

I shall rehearse so much of it as falls within the consideration of the foregoing matter (which is a great deal in a little) with something of the formality of grant and curse; that this age may see, with what REVERENCE and circumspect o [...] our [...]ncestors governed themselves in confirming and PRESERVING of it.

‘Henry by the Grace of God King of England, &c. To all Archbishops, Earls, Barons, Sheriffs, Provosts, Officers, unto all Bailiffs, and our faithful Subjects, who shall see this present Char­ter, greeting, Know ye, that we, unto the honour of Almighty God, and for the salvation of the souls of our Progenitors, and our Successors, Kings of England, to the advancement of Holy Church, and amendment of our Realm, of our m [...]re and free will have given and granted to all Archbishops, &c. and to all Free­men of this our Realm, these Liberties underwritten, to be holden and kept in this our Realm of England for evermore.’

Though in honour to the King, it is said to be out of his mere and free will, as if it were his mere favour, yet the qualification of the persons he is said to grant the ensuing LIBERTIES to, shews, that they are terms of formality, viz. To all Freemen of [...]. Watch supposes there were freemen before this grant; and that character also implies they must have had laws and liberties: Consequently, this was not an infranchising of them, but a confirming to freemen their just privileges they had before. The words of the Charter are these:

‘A Freeman shall not be amerced for a small Fault, out after [...] quantity of the [...]ault, and for a great Fault, after the manner thereof, saving to him his Contenements or Freehold: [...]nd a Merchant likewise shall be amerced, saving to him his Merchan­dize; and none of the said Amerceme [...]ts shall be assessed, [...]ut by the Oath of good and honest Men OF THE VICINAGE.’

‘No [...]reeman shall be taken or imprisoned, nor be disseized of his Freehold or Liberties, or free Customs, or be outlawed or [...]x­iled, or any other ways destroyed [...] nor we shall not pass upon [...], [Page 14] nor condemn him, but by lawful Judgment of his Peers, or by the Law of the Land. We shall sell to no Man, we shall deny or defer to no Man, either Justice or Right.’

I stand amazed, how any man can have the confidence to say, these privileges were extorted by the Barons wars, when the King declares, that what he did herein was done freely: Or that they were new privileges, when the very tenor of the word proves the contrary: [...]or freehold, liberties, or free customs, are, by the Char­ter itself supposed to be in the possession of the freemen at the making and publishing thereof. [...]or observe, "No Freeman shall be taken or imprisoned:" Then he is free: This liberty was his right. Again, "No Freeman shall be di [...]seised of his Freehold, Liberties, or free Customs." Then certainly he was in possession of them: And that great Doctor in the laws of England, Chief Justice Cook, in his proem to the 2d part of his Institutes, tells us, that these laws and liberties were gathered and observed, amongst others, in an intire volume, by King Edward the Confessor; confirmed by William, sirnamed the Conqueror; which were afterwards ratified by Henry the First; enlarged by Henry the Second, in his consti­tutions at Clarendon; and after much contest, and blood spilt, be­tween King John and the Barons concerning them, were solemnly established at Running-Mead by Stanes: And lastly, brought to their former-station, and published by this King Henry the Third, in the 9th year of his reign.

And though evil counsellors would have provoked him to void his father's act and his own, as if the first had been the effect of force, the other of non-age; yet it so pleased Almighty God, who hath ever been propitious to this ungrateful island, that in the 20th year of his reign he did confirm and complete this Charter, for a PER­PETUAL establishment of liberty to all free-born Englishmen, and their heirs FOR EVER: Ordaining, Quod contravenie [...]tes per domin [...]m Regem, cum convicti fuerin [...], graviter puniantur, i. e. "That WHO­SOEVER should act any thing contrary to these Laws, upon con­viction, should be grievously punished by our Lord the King." And in the 22d year of his reign, it was confirmed by the statute of Marleb, chap. 5. And so venerable an esteem have our ancesters [...] for this Creat Charter, and so INDISPENSIBLY NECESSARY have they thought it to their own and posterity's felicity, that it hath been above thirty times ratified and commanded, under great penalies, to be put in execution.

Here are the three fundamentals comprehended and expressed, to have been the RIGHTS and PRIVILEGES of ENGLISHMEN.

I. Ownership, consisting of LIBERTY and PROPERTY. In that it supposes Englishmen to be free, there's liberty; Next, that they have freeholds, there's property.

II. That they have the voting of their own laws: For that was an ancient free custom, as I have already proved, and all such cus­toms [Page 15] are expresly confirmed by this Great Charter: Besides, the people helped to make it.

III. An influence upon, and a REAL SHARE in the judicatory power, in the execution and application thereof.

This is a substantial part, thrice provided for in those sixteen lines of the Great Charter before rehearsed: 1. "That no amercements shall be assessed, but by oath of good and honest men of the vici­nage." 2. "Nor we shall not pass upon him, nor condemn him, but by lawful judgment of his Peers." 3. "Or by the law of the land:" Which is syno [...]mo [...]s, or a saying of equal signification with lawful judgment of Peers: For, law of the land, and lawful judg­ment of Peers, are the propri [...]m qu [...]rt [...] m [...]d [...], or essential qualities of these chapters of our Great Charter; being communicable omni, soli & semper, to all and every clause thereof alike.

Chief Justice Cook well observes, in his second institutes, that per lege [...] terrae, or by the law of the land, imports no more than a trial by process, and writ originally at common law; which cannot be without the lawful judgment of equals, or a common jury: there­fore per legale judicium parium, by the lawful judgment of Peers, and per legem terrae, by the law of the land, plainly signify the same pri­vilege to the people. So that it is the judgment of the freemen of England, which gives the cast, and turns the scale in English justice.

These being so evidently proved by long use, and several laws, to have been the first principles or fundamentals of the English free go­vernment, I take leave to propose this question: May the free people of England be justly di [...]e [...]ed of all, or ANY of these funda­mentals without their consent collectively?

Answ. With submission, I conceive, NOT; for which I shall pro­duce, first my reasons, then authorities.

I. Through the British, Saxon, and Norman times, the people of this [...] have been reputed and called freem [...]n by Kings, Parlia­ments, records and histories: And as a son supposes a father, so freemen suppose FREEDOM. This qualification imports an ABSO­LUTE RIGHT: Such a right as NONE has right to dissei [...]e or dispos­sess an Englishman of: Therefore an unalterable fundamental part of the government.

II. It can never be thought that they intrusted any representatives with these CAPITAL PRIVILEGES, farther than [...]o use their be [...] [...]ill to secure and maintain them. They never so delegated or impower­ed any men, that a [...] jure, they could deprive them of that qualifica­tion. And a f [...]ct [...] ad jus non valet a [...]gumentum: For the question is not, What may be done? but What ought to be done? Overseers and stewards are impowered, not to al [...]nate, but preserve and im­prove other men's inheritances. No owners deliver their ship and goods into any man's hands to give them away, or run upon a rock; neither do they consign their affairs to agents or factors without limi­tation. All trusts suppose such a fundamental right in them [...] [Page 16] give them, and for whom the trusts are, as is altogether indissolvable by the trustees. The trust is the LIBERTY and PROPERTY of the people; the [...]mitation is, that it should NOT BE INVADED, but IN­VIOLABLY preserved, according to the law of the land.

III. If salus populi be s [...]pr ma lex, the safety of the people the highest law, as say several of our ancient famous lawyers and law books; then since the aforesaid r [...]hts are as the sinews that hold to­gether this free body politick, it follows, they are at least a part of the supreme law, and therefore ought to be a rule and limit to all subsequent legislation.

IV. The estate goes before the steward, the foundation before the house, people before their representatives, and the creator before the creature. The steward lives by preserving the estate; the house stands by reason of its foundation; the representative depends upon the people, as the creature [...]sists by the power of its creator.

Every representative may be called the creature of the people, be­cause the people make them, and to them they owe their being. Here is no transessentia [...]ing or transubstantiating of being, from peo­ple to representative, no more than there is an absolute transferring of a title in a letter of att [...]rney.

The very term representative is enough to the contrary; where­fore as the house cannot stand without its foundation, nor the crea­ture subsist without its creator; so can there be no representative without a people, no [...] that people FREE, which all along is intended as inherent to, and inseparable from the English people) WITHOUT FREEDOM; nor can there be any freedom without something be fun­damental.

In short, I would fain kn [...]w of any man how the branches can [...]ut up the root of the tree that bears them? How any representative, that has not only a mere trust to preserve fundamentals, the people's inheritance; but that is a representative that makes laws by virtue of this fundamental law, viz. that the people have a power in legislation (the second principle proved by me) can have a right to REMOVE or DESTROY that fundamental? The fundamental makes the people free, this FREE PEOPLE makes a representative; Can this creature unqualify its creator? What spring ever rose higher than its head? The representative is, at best, but a true copy, an exemplification; the FREE PEOPLE are the original, not cancellable by a transcript: And if that fundamental which gives to the people a power of legis­lation, be not nullable by that representative, because it makes them what they are; much less can that representative disse [...]e men of their LIBERTY and PROPERTY, the first great fundamental, that is, parent of this other; and which intitles to a share in making laws for the preserving of the first inviolable.

Nor is the third fundamental other than the necessary production of the two first, to intercept arbitrary designs, and make power legal: For where THE PEOPLE have not a s [...]are in judgment, that is, in the [Page 17] application, as well as making of the law, the other two are imper­fect; open to daily invasion, should it be our infelicity ever to have a violent Prince. For as PROPERTY is every day exposed where those that have it are destitute of power to hedge it about by law-making; so those that have both, if they have not a share in the ap­plication of the law, how easily is that hedge broken down?

And indeed, as it is a most just and necessary, as well as ancient and honourable custom, so it is the Prince's interest: For still the people are concerned in the inconveniencies with him, and he is freed from the temptation of doing arbitrary things, and their importunitie; that might else have some pretence for such addresses, as well as from the mischiefs that might ensue such actions. It might be enough to say, that there are above fifty statutes now in print, besides its vene­rable antiquity, that warrant and confirm this legale judicium parium suorum, or the trial of Englishmen by their equals.

But I shall hint at a few instances: The first is, the Earl of Lan­caster, in the 14th of Edw. II. adjudged to die without lawful trial of his Peers: And afterwards Henry, Earl of Lancaster, his brother, was restored. The reasons given were two: First, Because the said Thomas was not arraigned and put to answer. Second, That he was put to death without answer, or lawful judgment of his Peers. The like proceedings were in the case of john of Gaunt, p. 39 coram Rege. And in the Earl of Arundel's case, Rot. Parl. 4. Edw. 3, N. 13. Also in Sir John Alee's case 4. Edw. III. N. 2. Such was the de­struction committed on the Lord [...]astings in the tower of London, by Richard III. But above all, the attainder of Thomas Cromwell, Earl of Essex, who was attainted of high treason, as appears Rot. Parl. 32, Hen VI [...] [...]. of which saith Chief Justice Cook, as I remember, "Let oblivion take away the memory of so foul a fact, if it can; if not, however, let silence cover it."

'Tis true, there was a statute obtained in the 11th of Hen. VII. in defiance of the Great Charter, which authorised several exactions, contrary to the free custom of this realm: Particularly in the case of juries, both assessing and punishing, by justices of assize and of the peace, without the fining and presentment of twelve freemen. [...]mp­son and Dudley were the great actors of those oppressions; but they were hanged for their pains, and that illegal statute repealed in the 1st of Hen. VIII. ch. 6.

The consequence is plain; that fundamentals give rule to acts of Parliament, else Why was the statute of the 8th Edw. IV. ch. 2. Of liveries and information, by the discretion of the judges, to stand as an original, and this of the 11th of Hen. the VII. repealed as ille­gal? For, therefore, any thing is unlawful, because it transgresseth a law. But what law can an act of Parliament transgress, but that which is fundamental? Therefore trial by juries, or lawful judg­ment of equals, is by acts of Parliament confest to be a fundamental part of our government. And because Chief Justice Cook is so ge­nerally [Page 18] esteemed an oracle of the law, I shall in its proper place present you with his judgment upon the whole matter.

V. These fundamentals are UNALTERABLE by a representa­tive, which were the result and agreement of English freemen, collectively, the ancienter times not being acquainted with repre­sentatives: For the [...] the freemen met in their own persons. In all the Saxon story we find no mention of any such thing; for it was the King, Lords and Freemen: The Elder and People. And at the Council of Winton, in 855 [...] is reported to have been present, the great men of the kingdom, and an infinite multitude of other faithful people. Also that of King Ina, the Common Council, of the Elders and people of the whole kingdom: That is, the most or generality of the freemen of the kingdom; for all might come that pleased. It is not to be doubted but this continued after the Norman times, and that at Running Mead, by S [...]anes, the Freemen of England were personally present at the confirmation of that Great Charter, in the reign of King John. But as the ages grew more humane, and free with respect to [...]il­lains and retainers, and that the number of freemen encreased, there was a necessity for a representative; especially, since funda­mentals were long ago agreed upon, and those CAPITAL PRIVI­LEGES put out of the reach and power of a little number of men to endanger. And so careful were the representatives of the peo­ple, in the time of Edward III. of suffering their liberties and free customs to be infringed, that in matters of extraordinary weight, they would not determine, till they had first returned to, and con­ferred with their several counties or boroughs that delegated them. Thus the Parl. rolls of his time.

Several Authorities in confirmation of the Reasons before-mentioned.

So indubitably are these fundamentals the PEOPLE's RIGHT, and so necessary to be preserved, that Kings have successively known no other safe or legal passage to their crown and dignity, than their solemn obligation inviolably to maintain them. ‘So sacred were they reputed in the days of Hen. III that not to continue or confirm them, was to affront God, and to damn the souls of his progenitors and sucessors; and to depress the Church, and deprave the realm: That the Great Charter comprehensive of them, should be allowed as the common law of the land, by all officers of justice, that is, the lawful inheri­tance of all commoners: That all statute laws or judgments whatsoever, made in opposition thereunto, should be null and void: That all the Ministers of State, and officers of the realm, should constantly be sworn to the observation thereof.’ And so deeply did after Parliaments REVER [...]NCE IT, and so careful were they to preserve it, that they both confirmed it by thirty-two [Page 19] several acts, and enacted copies to be taken and lodged in each cathedral of the realm, to be read four times a year publickly be­fore the people: As if they would have them more obliged to their ancestors for redeeming and transmitting those privileges, than for begetting them: And that twice every year, the Bishops, appa­relled in their pontificials, with tapers burning, and other so­lemnities, should pronounce the greater excommunication against the infringers of the Great Charter, though it were but in word or counsel; for so [...]aith the statute. I shall, for farther satisfaction, repeat the excommunication or curse, pronounced both in the days of Hen. III. and Edw. I.

The Sentence of the Curse given by the Bishop, with the King's Consent against the Breakers of the Great Charter.

‘IN the year of our Lord 1253, the third day of May, in the great hall of the King at Westminster, in the presence, and by the consent of the Lord Henry, by the Grace of God King of England, and the Lord Richard, Earl of Cornwall, his bro­ther; Roger Bigot, Earl of Norfolk, Marshal of England; Humphrey [...] Earl of Oxford; John, Earl Warren; and other estates of the realm of England; We Boniface, by the Mercy of God, Archbishop of Canterbury, Primate of England, F. of London, H. of Ely, S. of Worcester, E. of Lincoln, W. of Norwich, P. of Hereford, W. of Salisbury, W. of Durham, R. of Exce [...]ter, M. of Carlisle, W. of Bath, A. of Rochester, T. of St. David's, Bishops apparelled in pontificials, with ta­pers burning, against the breakers of the church liberties, and of the liberties and other customs of this realm of England, and namely these which are contained in the Charter of the common liberties of England, and Charter of the Forest, have denounced sentence of excommunication in this form: By the authority of Almighty God, the Father, the Son and the Holy Ghost, &c. of the blessed Apostles Peter and Paul, and of all Apostles, and of all Martyrs, of blessed Edward King of England, and of all the Saints of Heaven; We excommuni­cate and accurse, and from the benefit of our Holy Mother the Church, we sequester all those that hereafter willingly and ma­liciously deprive or spoil the Church of her right; and all those that by any craft or willingness do violate, break, diminish, or change the Church liberties, and free customs contained in the Charters of the common liberties, and of the Forest granted by our Lord the King, to Archbishops, Bishops, and other Pre­lates of England, and likewise to the Earls, Knights, and other freeholders of the realm; and all that secretly and openly, by deed, word, or counsel do make statutes or observe them being made, or that bring in customs, to keep them, when they be brought in, against the said liberties, or any of them, and all [Page 20] those that shall presume to judge against them; and all and every such person before mentioned, that wittingly shall com­mit any thing of the premises, let them well know, that they incur the aforesaid sentence, ipso facto.’

The Sentence of the CLERGY against the Breakers of the ARTICLES before-mentioned.

IN the name of the Father, the Son, and the Holy Ghost, Amen. Whereas our Soveraign Lord the King, to the Honour of God, and of Holy Church, and for the common profit of the realm, hath granted for him, and his heirs for ever, these articles above-written, Robert, Archbishop of Canterbury, Primate of all En­gland, admonished all his province once, twice and thrice, because that shortness will not suffer so much delay, as to give knowledge to all the people of England, of these presents in writing: We therefore enjoyn all persons, of what estate soever they be, that they, and every of them, as much as in them is, shall uphold and maintain these articles granted by our Soveraign Lord the King, in all points: And all those that in any point do resist or break, or in any manner hereafter procure, counsel, or in any wise assent to resist or break those ordinances, or go about it, by word or deed, openly or privily, by any manner of pretence or colour; We, the aforesaid Archbishops, by our authority in this writing expressed, do excommunicate and accurse, and from the body of our Lord Jesus Christ, and from all the company of Hea­ven, and from all the sacraments of Holy Church do sequester and exclude."

We may here see, that in the obscurest times of Popery, they were not left without a sense of JUSTICE, and a care of FREEDOM; and that even Papists, whom many think no friends to liberty and property, under dreadful penalties, enjoin an inviolable obser­vance of this Great Charter, by which they are confirmed. And though I am no Roman Catholic, and as little value their other curses pronounced upon religious dissenters, yet I declare ingeni­ously, I would not, for the world, incur THIS CURSE, AS EVERY MAN DESERVEDLY DOTH, that offers violence to the FUNDA­MENTAL FREEDOMS thereby repeated and confirmed.

Give me leave to remind a sort of active men in our times, that the cruel infringers of the people's liberties, and violaters of these noble laws, did not escape with bare excommunications and cur­ses; for such [...] the venerable esteem our ancestors had for these great privileges, and deep solicitude to preserve them from the de­facings of time, or [...]surpation of power, that King Alfred executed forty judges for warping from the ancient laws of the realm, Hubert de Burgo, Chief Justice of England, in the time of Edw. I. was sentenced by his Peers in open Parliament, for advising the King against the Great Charter. Thus the Spencers, both father [Page 21] and son, for their arbitrary rule and evil counsel to Edward 2d, were exiled the realm. No better success had the actions of Tr [...]n­silian and Belknap: And as for Empson and Dudley, though persons of Quality, in the time of King Henry the 7th, the most ignominious death of our country, such as belongs to theft and murder, was hardly satisfaction enough to the kingdom, for their uncharteral proceedings. I shall chuse to deliver it in the words of Chief Justice Cook, a man, whose learning in law hath, not without reason, obtained him a venerable character of our English nation.

"There was," saith he, "an act of Parliament made in the 11th year of King Hen. VII. which had a fair FLATTERING PREAMBLE, pretending to avoid divers mischiefs, which were first, to the high displeasure of Almighty God. Secondly, the great let of the Common Law. And, Thirdly, the great let of the wealth of this land. And the purven of that act, tended in the execution, contrary, ex diam [...]tro, viz. To the high displeasure of Almighty God, and the great let, nay, the utter subversion of the Common Law, and the great let of the wealth of this land, as hereafter shall appear; the substance of which act follows in these words.

THAT from henceforth, as well Justices of Assize, as Justices of the Peace, in every county, upon information for the King, before them made, without any finding or pre­senting by twelve men, shall have full power and authority, by their discretion, to hear and determine all offences, as riots, unlawful assemblies, &c. committed and done against Act or Statute made, and not repealed, &c."

"By pretext of this law Emp [...]on and Dudley did commit upon the subject insufferable pressure and oppressions; and therefore this statute was justly, soon after the decease of Hen. VII. RE­PEALED at the next Parliament, by the statute of 1 Hen. VIII. chap. 6.

"A good caveat," says he, "to Parliaments, to leave all causes to be measured by the golden and strait metwand of the law, and not to the uncertain and crooked cord of discretion." He goes on,

"IT IS ALMOST INCREDIBLE TO FOR S [...]E, WHEN ANY MAXIM, OR FUNDAMENTAL LAW OF THIS REALM IS ALT [...] ­ED (as elsewhere hath been observed) WHAT DANGEROUS IN­CONVENIENCIES DO FOLLOW: Which most expresly appears by this most unjust and strange act of the 11th of Hen. VII. For hereby not only Empson and Dudley themselves, but such Justices of Peace (corrupt men) as they caused to be authorized, commit­ted most grievous and heavy oppressions and exactions: Grinding the faces of the poor subjects by penal laws (be they never so ob­solete or unfit for the time) by information only, without any presentment or trial by jury, being the ancient birthright of the sub­ject; [Page 22] but to hear and determine the same by their discretions; inflicting such penalty as the statutes, not repealed, imposed These, and other like oppressions and exactions, by the mean of Empson and Dudley, and their instruments, brought infinite treasure to the King's coffers, whereof the King himself, at the end, with great grief and compunction repented, as in another place we have observed.

"This statute of the 11th of Hen. VII. we have recited, and shewed the just inconveniencies thereof; to the end that the like should NEVER hereafter be attempted in any court of Parlia­ment; and that OTHERS might avoid the fearful end of those two time-servers, Empson and Dudley, Qui eorum vestigiis insist­ant [...] exitus perhorrescant." Thus much Chief Justice Cook.

I am sure, there is nothing I have offered in defence of English law-doctrine, that riseth higher then the judgment and language of this great man, the preservation and publication of whose la­bours, became the care of a great Parliament. And it is said of no inconsiderable lawyer, that he should thus express himself in our occasion, viz. "The laws of England were never the dic­tates of any conqueror's sword, or the placita of any King of this nation; or, ( [...]aith he) to speak impartially and freely, the results of any Parliament that ever fat in this land."

Thus much for the nature of English rights, and the reas [...] and justice for their INVIOLABLE maintenance. I shall now of­fer some more general considerations for the PRESERVATION OF PROPERTY, and therein hint at some of those mischiefs that fol­low spoiling it, for conscience sake, both to Prince and People.

I. The reason of the alteration of the law, ought to be the dis­commodity of continuing it; but there can never be so much as the least inconveniency in continuing that of LIBERTY AND PROPERTY; therefore there can be no just ground for INFRING­ING much less ab [...]ogating the laws that secure them.

II. No man in England is born SLAVE to another; neither hath one right to inherit the sweat of the others brow, or reap the benefit of his labour, BUT BY CONSENT; therefore NO MAN should be deprived of his PROPERTY, unless he injure another man's, and then by legal judgment.

III. Where LIBERTY and PROPERTY are VIOLATED, there must always be a state of force: And though I PRAY GOD that we never need those cruel remedies, whose calamitous effects we have too lately felt, yet, certainly, SELF-PRESERVATION is of all things dearest to men; insomuch that being not conscious to themselves of having done an ill thing, they, to defend their un­forfeited privileges, chearfully hazard all they have in this world: So very strangely vindictive are the sons of men, in maintenance of their rights. And such are the cares, fears, doubts and inse­curities of that administration, as render empire a SLAVERY, and [Page 23] dominion the worst sort of bondage to the possessor. On the con­trary, nothing can give greater chearfulness, confidence, securi­ty and honour to any Prince, than ruling by law; for it is a con­junction of title with power, and attracts love as well as it requires duty.

Give me leave, without offence (for I have God's evidence in my own conscience, I intend nothing but a respectful caution to my superiors) to confirm this reason, with the judgment and example of other times. The Governors of the ELEANS held a STRICT HAND over the people; who, despairing of relief at h [...]me, cal­led in the Spartans, and by their help FREED all their cities from the SHARP BONDAGE of their natural Lords.

The state of SPARTA was grown powerful, and opprest the Thebans; They though but a weak people, whetted by despair, and the prospect of greater miseries, did, by the Athenians, de­deliver themselves from the Spartan Yoke.

Nor is there any other considerable reason given for the ru­in of the CARTHAGINIAN state, than avarice and severity. More of this is to be found in Rawleigh's history of the world, l. 3 who hath this witty expression in the same story, l. 5. of a severe conduct. When a forced government, saith he, shall decay in strength, it will suffer, as did the old lyon, for the oppression done in his youth; being pinch'd by the wolf, goar'd by the bull, and kick'd also by the ass: The senseless mob.

This lost CAESAR BORGIA his [...] and great conquests in Italy. No better success attended the SEV [...]RE HAND held over the peo­ple of NAPLES by Alphonso and Ferdinand. 'Twas the undue severity of the SICILIAN Governors that made the Syracusians, Leontines, and Messenians so easy a conquest to the Romans. An harsh answer to a [...] PEOPLE lost Rehoboam t [...]n­tribes. On the contrary, in [...]ivy, Dec. 1. l. 3. we find, that Pe­tilia, a city of the Brutians in Italy, ch [...]se rather to endure all extremity of war from Ha [...]oal, than upon any condition to desert the Romans, who had cove [...]ed them moderately, and BY THAT GENTLE CONDUCT procured their love; even than, when the Ro­mans sent them word, they were not able to relieve them, and wish­ed them to provide for their own safety.

N. Machiavel in his discourses upon Livy, p. 542. tells us, that one act of Humanity was of more force with the conquered [...], than many violent acts of hostility: Which makes good that saying of Seneca, Mitius imperanti melius paretur, They are best obeyed that govern most mildly.

IV. If these ancient FUNDAMENTAL LAWS, so agreeable with nature, so suited to the dispositions of our nation, so often defended with BLOOD and TREASURE, so carefully and frequently ratified [Page 24] by our ancestors, shall not be, to our great pilots, as stars or compass for them to steer the vessel of this kingdom by, or limits to their le­gislature; no man can tell HOW LONG he shall be secure of his ceat, enjoy his house, have bread to give his children, liberty to work for bread, and life to eat it. Truly, this is to justify what we condemn in Roman Catholicks. It is one of our main objections, that their church assumes a power of imposing religion, thereby denying men the liberty of walking by the rules of their own reason and con­science, and precepts of holy writ: To whom, we oppose both. We say, the church is tyed to act nothing contrary to reason; and that holy writ is the declared law of Heaven, which to maintain, power is given to the true church. Now let us apply this argument TO OUR CIVIL AFFAIRS, and it will certainly end in a reasonable limitation of our legislators, that they should not impose that upon our understandings, which is inconsistent with them to embrace; nor offer any THE LEAST VIOLATION TO COMMON RIGHT. Do the Ro­manists say, Believe as the Church Believes? Do not the Protestants, and which is harder, legislators say so too? Do we say to the Romanists, at this rate, your obedience is blind, and your ignorance is the mother of devotion? is it not also true of our selves? Do we object to them, This makes your religion uncertain, one thing to day, and another to-morrow? Doth not our own case submit us to the like variation IN CI­VILS? Have we not long told them, that under pretence of obey­ing the Church, and not controuling her power, she hath rai­sed a superstructure inconsistent with that foundation she pre­tends to build upon. And are not we the men IN CIVILS, that make our privileges rather to depend upon men, than laws, as she doth upon Councils, not Scripture? If this be not POPERY IN TEMPORALS, what is?

It is humbly beseeched of superiors, that it would please them to consider what reflection such severity justly brings up­on their proc [...]edings; and remember, that in their ancient delegations, it was not to define, resolve, and impose matters of religion, and sacrifice civil privileges for it; BUT TO MAINTAIN THE PEOPLE'S PROPERTIES, ACCORDING TO THE ANCIENT FUNDAMENTAL LAWS OF THE LAND, and to add such statutes only, as were consistent with, and preservative of those fundamental laws.

[Page 25]THEREFORE, we hope and desire, that you, the King's Justices for time to come, when any informers shall come to any of you, with an information against any of us, will hear us and our accusers, face to face, that none may suffer for what they are not guilty. For Pilate the Gover­nor heard Christ and his accusers with the witnesses that were brought against him, face to face, before they condemned him. Acts vii. The Roman Captain heard Paul and his accusers, face to face, Acts xxiii. Felix the Governor heard Paul and Annanias, the high Priests and the Elders, who ac­cused Paul, face to face. Acts xxiv. And when the high Priests and chief of the Jews, accused Paul to Festus, he heard Paul and his accusers and them, who witnessed against him, face to face. Acts xxv. Doth the law of God, or did the Roman law, or doth the law of the land judge any man before he and his accusers, and they who witness against him, be heard, face to face?

George Fox to the Magistrates of London, page 553.

The law gives no property, but protects the Possessor in it against violence. The first property a man hath, is his person, life and liberty; and as these are from God, and the right of all men, so he has provided means for the support of them unto all. The means of support of person and life, is food and raiment, arising either naturally from the fruits of the earth, spontaneously growing, animal creatures, or by the personal labour or industry of man. Cain, 'tis said, was a tiller of the ground, and Abel, a keeper of sheep. When Cain had cleared and cultivated a piece of ground and propa­gated useful things thereon, that and those became the pro­perty of Cain, by his personal labour, in which the law of na­tural reason will protect him against any thing but personal violence; and Abel, taking under his care and management some of the creatures he found most proper for his use and purpose, they became his property, by his care, labour, and pains, in which he was protected by the same law, and all just laws are no other than right reason declared by way of compact upon that principle of reason constituent of our be­ing. But when the earth was filled with violence, God, by the element of water, destroyed the world, save Noah and his family, by whom he replenished it. In process of time, Nim­rod became a mighty hunter before the Lord, that is, his hunting was of that nature and tendency, as that God took notice of him therein; for he, with his company, first hunt­ing [Page 26] wild beasts, became also wild themselves, and then hunted after the Liberties and Prop [...]rties of other men, invading them by force and numbers, till the rest of mankind, in their own just defence, entered into reasonable Compacts against unreason­able Invasions.

Thomas Story's Conference with Lord Lon [...]dale.

Edward Burrough, in answer to some Queries, thought to have been proposed by Edward, Earl of Clarendon, saith, ‘It is my judgment, that there was very great oppression and vexation under the Government of the late king Charles II. which the Lord was offended with, and many good people oppressed by, for which cause the Lord might and did justly raise up some to oppose and strive against op­pressions and injustice, and to press after reformation in all things.’

In the Lord's absence, lamentable injustice, cruelty, un­mercifulness, TYRANNY and OPPRESSION hath been exer­cised in civil state upon the inhabitants, and the "poor creatures have been held in great SLAVERY by their rulers; and all this he hath suffered, not as tho' he gave toleration for it, for his messengers and his witness in people's consciences have been reproving their ungodly ways." ALACK, I must be plain with you, my Lord hath been utterly exiled and greatly dishonoured by reason of such proceedings, as have been in this nation for these many years, through the corruption of all sorts of men in place and power; and tho' there was in this nation a day of great troubles, and wars, and contentions, and the wasting of much blood and earthly treasures, none of these things, I must tell you, fell without the ordering of my Master's hand. Wherefore, that you may be warned, I advise you to relieve the oppressed, break down all unjust laws, AND SET ALL PEOPLE FREE from unjust burthens, and let all oppression cease both in Church and Civil State, and all unjust judges and evil men in power, let all these be re­moved, and the nation clean quitted and discharged even from all men and laws whatsoever, that have held under op­pression, the persons, estates and consciences of the good people of this land, and let the nation be corrected, and all orders and places of men, and laws, and decrees, be purified; and let just, righteous and meek men, and such as have the fear and wisdom of God in them, without acceptation of birth, or otherwise, let such men have the power and judgment committed to them, to determine in things between man and [Page 27] man. Down with all the false hearted flatterers, that have ruled for man and not for God, and for themselves and not for the good of the people; cast out all such from amongst you;—down with all that judge for rewards, and those that will not serve places of trust without so large stipends;—away with all these things out of the land, for they are heinous op­pressions unto men, and great abominations in the sight of God; and though the land hath long groaned under the weight and burden of these things, and the earth is weary of them, and my Lord requires their utter desolation, as being iniquities fully ripe, and having the guilt of so much cruel­ty, injustice and oppression lying upon the nation because hereof, therefore this is the Lord's season to destroy them, and remove them out of the land, which, if you be the instru­ments in such a work, it will be your greatest crown and your perpetual honour; (but on the contrary, as E. B. previously declared to them) if they neglected such things, and regarded them not, then shall you be cast aside with shameful disgrace, and the heavy hand of the Lord shall be upon you in judg­ment, your estates shall not be spared from the spoiler, nor your persons from the violence of men, no, nor your necks from the axe.

Edward Burrough's Message to the Rulers of England.

God hath done great things for thee, he hath sufficiently shewn thee, that it is by him PRINCES rule, and that he can pull down and set up at his pleasure. He hath often faithfully warned thee by his servants, since he restored thee to thy ROYAL DIGNITY, that thy heart might not wax wanton against him, to forget his mercies and providences towards thee, whereby he might permit thee to be sooth'd up, and lulled asleep in thy sins, by the flattering of COURT PARA­SITES, who, by their fawning, are the ruin of many Princes. Thou hast tasted of prosperity and adversity, thou knowest what it is to be banished thy native country, to be over-ruled, as well as to rule and fit upon the throne, and being oppressed, thou hast reason to know, how hateful the oppressor is, both to God and man.

Robert Barclay's Dedication of his Apology for the people, called Quakers to King Charles II.

Divers other Testimonies might have been added, but it is thought the foregoing may be sufficient to shew, that the most eminent and worthy members of this Society, even these who were in the station of ministers amongst Friends, were nei­ther ashamed or afraid, plainly and publicly, to declare against [Page 28] injustice and oppression in civil as well as religious affairs, no doubt believing, with one of the antients, ‘ Qui libere veri­tat [...] non pronuntias, pr [...]ditor est veritatis.’—That ‘He who does not freely declare the truth, is a betrayer of the truth.’—Which, if you allow, and believe the say­ing of Lactantius to be just, ‘ Qui videt aliquem periturus, et potest succurrere, et non vult, occidit.’—That ‘he who sees another about to perish, and can relieve him, but will not, destroys him.’ Shall we not then, (especially after so many notable examples of integrity) be highly culpa­ble and accessary, if we permit that which is unjust to take place, without an exertion of those faculties and powers with which providence hath favoured us?