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A77282 A plea for the peoples good old cause: Or, The fundamental lawes and liberties of England asserted, proved, and acknowledged, to be our right before the Conquest, and by above 30 Parliaments, and by the late King Charls; and by the Parliament and their army in their severall declarations in their particular streights and differences. By way of answer to Mr. James Harrington his cxx. political aphorismes, in his second edition. By Capt. William Bray. Bray, William, 17th cent. 1659 (1659) Wing B4307; Thomason 763[7]; ESTC R207096 15,797 16

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commanded all our Justices that they shall from hence forth do even LAVV and execution of RIGHT to all our Subjects Rich and Poore without having regard to any Person and without letting to do RIGHT for any Letters or Commandement which may come to them from VS or from any other or for any other CAUSE suitable to this also hath all the Kings of England been obliged by the Sacred and inviolable Obligation of an Oath and therefore Saint Paul saith 6 Heb. 16 17. Men verily sweare by the greater and an Oath for Confirmation is to them an end of all Strife and that God to shew the immutability of his Counsell confirmed his promises by an Oath And in the first Remonstrance of Parliament dated the 15th of December 1641. you may find what Particulars were declared as grand evils Incumbrances Breaches and Inconveniences done against the Righteous antient Lawes and LIBERTIES of the People which shewes what the GOOD OLD CAUSE was originally declared to be in defence of which cause there hath been shed so much precious Blood Destruction of FAMILIES and many MILLIONS of Treasure spent I have been a little tedious in this partly because I saw an ingenious Pen take some just Cause of offence as I conceive from your Petition directed to the Parliament of the Commonwealth pag. 4. cited by Mr. Rogers in his Book called A CHRISTIAN CONCERTATION c your words he cites are these viz Your minds are not settled in any known Constitution of Government or Fundamentall Orders according to which all LAWS should be made The late King Charls in his Declaration published by advice of his Privy Councell in the Book of Collections of Remonstrances and Declarations printed by Edward Husbands by Authority of Parliament pag. 28 29. saith That the Law is the INHERITANCE of every Subject and the onely security he can have for his LIFE LIBERTY and ESTATE And in an answer to the Petition of the House of Commons 28 Jan. 1641. pag. 61. he called God to witness that the LAVV and LIBERTIE of the Subject should be as much his care and industry as of his life or of the Lives of his deerest Children And in the said book of Declarations of Parliament 19th May 1642. pag. 211.212 We are fully say they of the Kings mind that he might rest so secure of the affections of his Subjects That he should not need of Forraigne force to preserve him from Oppression and are very confident he should never want an abundant evidence of the good wishes and assistance of the whole Kingdom especially if he shall be pleased to hold that Gratious resolution of building upon that sure FOUNDATION the LAW of the Land Then their Remonstrance of Parliament May 26. 1642. pag. 263. That they would be tender of the LAW which they acknowledged be the Safeguard of all PUBLICK and PRIVATE Interests And page 657 and 666 That the Parliament raised the Army for their just defence and LAWS NECESSARY PRESERVATION when an Army was marching towards them to destroy them both And in the Book of the Declarations of the Army Printed by Matthew Simmons 27 Sept. 1647. After their then victory they hoped to to put an end to Tyranny and Oppressions that Justice and Equity according to the LAW of the LAND should have beee done to the People That the meanest Subject should fully enjoy his RIGHT LIBERTIE and PROPRIETY in all things which the Parliament had made known to all the world in divers of their Declarations to which they had so often bound themselves to perform by their OATHS VOWS COVENANTS PROTESTATIONS and the Parliament in the aforesaid Book of Declarations page 659 666 661 amongst other words declared that the Cause was That the Commonalty might enjoy in the maintenance of their LAVVS LIBERTY RELIGION their own BIRTH-RIGHTS FREEDOM and LIBERTY of the LAVVS of the LAND being equally intituled thereunto with the greatest Subject yet we hope say they this is far from any purpose to raise malice and hatred between them and the Gentry but rather to knit and unite them more fast together and the late KING CAARLES in his Declaration in the aforesaid Book of Declarations page 768 769. Confesses and averrs That the LAW makes the meanest Subject as much a LORD of his own as much as the greatest Peere to be valued and considered as by the said several Declatations will fully and largly upon perusal appear So that I have shewed some of the chief FOUNDATIONS of our Government which is unchangeable and which all personal authorities are subservient unto their greatest duty and care being to preserve the same inviolable and the People will be miserable if these FOUNDATIONS or any suitable superstructure to this FOUNDATIONAL RIGHT Government or Freedom be changed III. As to your third Aphorism you would have done well to have informed the People and Parliament of the Common-wealth of England wherein or in what particulars the Government by Lawes formerly in the time of Monarchy were imperfect or ineffectual that so they might have had some benefit by you by being made capable to know what you mean and how to redresse any Invasion upon our FUNDAMENTAL RIGHTS but a general Charge in the judgement of Law or Reason signifies nothing according to an apptoved Maxim in Law Dolosus versatur in generalibus IIII. As to your fourth Aphorism It hath been the Peoples misery that there hath been so many various Governments as you call them by Arms. But the use of Arms in a generally professed and pretended Christian and rational Common-wealth that hath such excellent Laws as we have must be only as contingent things and subservient to the Supream Government the FUNDAMENTAL LAWS of Justice Peace and Safety PARLIAMENTARY constant COUNSELS V. As to your 5th Aphorism It s hard to judge and averr that the People cannot see as well as feel and it is much if the losse of many thousand persons and Families several waies Millions of Treasure Destruction of Trade and all other sad inconveniences and consequences thereof should not make them see Indeed if you had said that a party of the People whose eys have swelled with fatness and have had more than heart can well or reasonably wish and who have had great and continual places of profit in the Common-wealth under every Power almost For these not to see because they have not felt I should have more approved of such a kind of Aphorism VI. To your sixth Political Aphorism I say That the declared end of this late sad intestine War was that we might have our peaceable Government by Laws abhorring all things of Force The GOVERNMENT by good Laws as ours are is just peaceable and certain The Government by FORCE cannot properly be called a GOVERNMENT but ought to be subservient to the Supream Fundamental Law and to the Supream peaceable PARLIAMENTARY Legislators or CONSERVATORS of that Law VII To the seventh Aphorism I say in agreement with you
their great danger cares and trouble of mind perplexity of State and sometimes desolation aswel as the calamity of multitudes of good People and effusion of innocent blood And indeed in our late times Mr. Bagshawe in his Argument of Law in Parliament against the Bishops Cannons averreth That the Liberty of Conscience is comprehended in the Charter of our Liberties And I also remember I have read that the Macedonians petitioning Jovianus the Emperour for banishing of those who were not of their judgement in matters of their Religion The Emperour perusing their Supplication gave them no other answer but this I tell you trvely I cannot away with contention but such as do imbrace Unity and Concord I do honour and reverence them And I have also read that it was the saying of Maximilianus the Emperour To seek to domineer over the Conscience is impudently to invade the Tower of Heaven And how inconsistent it is with that golden Rule which every man should endeavour actually to excel another in according to the saying of the Heathen Orator Omnis virtutis laus in actione consistit the praise of all vertue consists in action 7 Matt. 12. VVhatsoever things you would have others do to you do the same to them 7 Matt. 2. Judge not that ye be not judged with what measure you mete it shall be met to you again And Mr. Alexander Hinderson the great Scot in his Paper to the late King Charles about 1646. hath this quotation I remember saith he that the famous Joannes Picus Mirandula proveth by irrefragable reasons which no rational man will contradict that no man hath so much power over his own understanding as to make himself beleeve what he will or to think that to be true which his own reason telleth him is false much less is it possible for any man to have his reason commanded by the will or pleasure of another And further he confessed That It is a true saying of the Shoolmen Voluntas imper at intellectui quoad exercitium non quod specificationem Mine own will or the will of another may command me to think upon a matter but no will or command can constrain me to determine otherwise then my reason teacheth me See also Mr. Rogers his Christian Concertation as to this point of Christ his being King and Lord of the Conscience and Sir Henry Vane his Healing question pag. 6. therefore let me close up my opinion against your 21 Aphorism with the force of your own words in your 22 Aphorism viz. To hold that there may be Liberty of Conscience and not Liberty of Conscience is inconsistent with a Commonwealth that hath the Liberty of her own Conscience or that is not Popish XXIII XXIV XXV As to your 23 24 25. Aphorismes I agree with you that where civil liberty is intire it includes liberty of Conscience and where liberty of Conscience is intire it includes civil liberty They are the inseparable RIGHT of the people As to your 25th Liberty of conscience must have security under any GOVERNMENT or else the opposers thereof wil descend into an inevitable Tyranny XXVI To your 26th Aphorism I have cited and declared unto you the great and chief Foundations of our Government which are GOOD ANCIENT LAWS and SUCCESSIVE PARLIAMENTS so that you need not put your self to the danger of introducing Government or waving Prudence and committing things to chance XXVII To your 27th Aphorism I shall onely say in addition to what I have already said That our aforesaid Fundamental Laws Government of England made and confirmed legally by our good and peaceable Ancestors goeth Universally upon natural principles and so is not inconsistent with Scriptures the said laws of England are grounded upon the Laws of God and Nature Doctor and Student and Fineux and Priset former chief Justices in England in the dayes of Monarchy said the Laws of England are founded upon the laws of God XXVIII To your 28th Aphorism I agree that the wisdom of man in the Formation of humane Government may not go upon supernatural principles because they are inconsistent with a Commonwealth upon many and divers considerations too tedious and too impertinent at present to treat of considering we have such righteous Fundamentals already laid better then which we none can lay which foundations no men upon any pretence can justly destroy XXIX To your 29th Aphorism wherein you aver and say in these words viz. To hold that Hirelings as they are termed by some or an indowed Ministry to be removed out of the Church is in-consistent with a Commonwealth I conceive I have sufficiently answered this in answer to your 21 22 23 24. Aphorismes wherein the people have their lawful liberty and the endowed Ministry have their lawfull liberty to receive the Contribution if voluntary of either Magistracie or others and to expect more is a violent imposition and intrenchment upon the natural and Christian Rights of the People which judgement I confess I shall be of unless I shall be rationally satisfied in answer to what I have already said and unless it can be also made appear to me that the incomparable PERSON CHRIST and his Apostles did aduise Magistracie to compel pe●sons to violent actions to constrain maintenance to them or any other of their successive Min●stry Matth. 10.6 7 8 9 10. Christ bids his Apostles preach to the Lost Sheep of the house of Israel commands them freely to give because they had freely received and orders them neither to provide Gold nor Silver nor Brass in their Purses nor scrip for their journey nor two Coats nor Shooes nor staffe and if the House City or Town was not worthy or should not receive them or hear their Word they were to depart and shake the dust off their feet agreeing with Luke 9.2 3. and Luke 10.3 4. He told them he sent them as Lambs amongst VVolves and to the end they in their loving and Christian kind nature as examples for others might not scruple eating and drinking such things as were freely set before them They were approved in accepting thereof because the Labourer is worthy of his hire And 2 Cor. 8.1 2 3 4 5. Paul commends the Churches of Macedonia that they were willing of themselves to be bountiful and to make intreaty to the Apostle for his acceptance of their liberality and yet not as he hoped for it He was so far from using arguments or FORCE and Violence to Magistracie inducing them to compel others to their subsistency And I must confess if you can prove that the indowed Ministry at this day many of whom are Learned and Wise men can safely intitle themselves to be the Lineal descent and especial Ministry of Christ yet it will still remain to prove that they can legally extend their Authority or desire the Sword of Magistracie to extend his strength higher or in another way or method upon any pretence or dispensation then either Christ or his Apostles did I presume there
may be given a thousand-fold more reason and Evangelical apparent arguments against such an Innovation then for it XXX XXXI To your 30 31 Aphorisms viz. That nature is of God and that some part in every Religion is Natural You should explain your sel● how it may be said to bee of God and what part in every Religion is Natural if you would have another know your Judgment and be convinced by you In order to which I shall commend unto you an excellent little Treatise entituled Natures Vindication by Capt. Robert Euerard XXXII XXXIII To these Aphorisms I agree at present That an universal effect demonstrateth or may demonstrate an Universal Cause there being a Reason for it in your 33 Because a Universal Cause is Nature it self XXXIIII XXXV XXXVI XXXVII XXXVIII XXXIX XL. I agree to the 34 That every man hath some sense of Religion in him if you mean by it an acknowledgement of God which is presumed to be in his understanding and for your 35 I shall not disagree to it if the rational Principle be not destroyed upon colour or pretence of Religion For your 36 I agree with you That Government is of humane prudence and humane Prudence is adequate unto mans nature But humane Prudence and mans nature will never destroy a Legal ancient Government of a Nation grounded upon humane Prudence and the Law of Nature as ours is For your 37 A Prudential Government if you mean by Prudence true Wisdom cannot be regardless of true Religion for thereby it would be dissatisfactory unto mans nature But yet on the other hand there may be a Religion National or Publick or a Publick leading terms in your 39 40 41 Aphorisms That may be directly against God Law Nature and Nation As to your 39 It doth not prove or infer a publick leading in Religion to be good because the Major part of Mankind giveth up it self unto it and therefore you had no reason to make such an Aphorism as your 40th wherein you say There must be a National Religion that there may be a Publick leading Witness the daies of Q. Mary c. XLI XLII XLIII XLIIII XLV XLVI I agree with yovr 41 42 taking what I have already said in this Point before and what you have already granted in your 22 23 24 Aphorisms That if either Major or Minor part in a Nation deprives the others of Liberty of Conscience it is Tyranny To your 43 44 The great pretence of the National Ministery is That they are Ministers of Christ and not relating to the Priesthood before Christ so that to endeavour to attain to maintainance by Violence and Imposition is against that Christian Apostolical example And as for abolishing the Nationall Religion none can or ought to endeavour to do that but the National Magistracy if he see Just cause because they are the Magistrates particular indowed Ministery the Magistrate having the liberty of his own Conscience So that there is no rational Foundation for the unconverted Jews your own terms to take away the Liberty of Conscience from Christians For equal Justice and Conscience being observed there would be no disturbing one another Therefore if you are for such an impartiall Liberty of Conscience you may have such a National Religion or endowed Clergy I though to have treated more upon this subject but I leave it to some other occasion only I shall commend unto you the excellent Treatise of John Osborne Esquire in his Book called an Indictment against Tythes or Tythes no VVages for Gospel Ministers which is a Title pretended to in these times which Book was Printed for Livewel Chapman at the Crown in Popes-head Alley London XLVII XLVIII XLIX L. LI LII LIII LIIII LV LVI LVII LVIII LIX LX To all these particulars I only say in short they are things determinable by SUPREAM PARLIAMENTARY COUNCELS and our Nation is built upon the Foundations of Just Laws and Liberties already and our stedfastness unto that would be a means to promote our welfare and save us from destruction but to tell us of any thing that savours of Innovation of the Presidents of the Athenians the Romans or the Uinted Provinces c can be no more pleasing or safe to us then I conceive it would be pleasing to them for us to foment Innovation amongst them LXI to the CXX To these I onely say that I know not what Sir George Booth if he had prevailed would have done or introduced whether a Commonwealth or a King I leave it to those that were privy to it and to his Council if any But if Monarchy should ever be restored I beleeve it would find a great inevitable incumbrance and affliction to it self if it should Govern without LAWS and PARLIAMENTS For it is no pleasant thing to Govern by Armes neither to the GOVERNOURS or GOVERNMENED and if the Fundamental Laws and Constant Parliaments be not observed inviolable the people are miserable and the common interest of the the people will be laid aside inevitably and we shall thereby fully declare That we will fully slight and undervalue that peace and tranquillty that we may possess as some fruit of that blood and treasure which hath been consumed in this Nation So that I say and averre by the requirable just application of your XCII Aphorisme to lay aside our Fundamental Laws and CONSTANT constitution of PARLIAMENTS as most probable Conservators of our FUNDAMENTALS VVe leave our our selves and our Posterity to a further purchase of that which we may prestntly injoy and hereafter leave to our Posterity in peace and glory not to be taken away from them As our Ancestors have left them unto us not to be taken away from us I hope I have already proved that the Fundamental Laws and Government of this Nation is so just and of known and approved good in the injoyment whereof neither Monarchy Aristocracie or Democracy can justly hurt us by any invention or judgement And although you say in your CXVII Aphorism That it is not below the Dignity of the greatest Assembly but according to the practise of the best Commonwealths to admit of any man that is able to propose to them for the good of his Country Yet I conceive it is not convenient for a Supream Legislative Councel to admit any man wilfully to propose any thing apparently Innovating to subvert a Fundamental Law and Liberty many having upon peaceable and prudent judgement of our Ancestors been highly discouraged therein and felt their indignation as I have already urged and proved The Rechabites obedience may be applyed as I conceive in this case who were commended of God for denying his Prophet to drink Wine because their father commanded them to the contrary Although the Record saith The WORD came unto Jeremiah FROM THE LORD in the days of Jehoiakim son of Josiah King of Judah saying Go to the house of the Rechabites and speak to them and bring them into the house of the