England's present interest discover'd with honour to the prince and safety to the people in answer to this one question, What is most fit ... at this juncture of affairs to be done for composing ... the heat of contrary interests & making them subservient to the interest of the government, and consistent with the prosperity of the kingdom? : presented and submitted to the consideration of superiours.
         Penn, William, 1644-1718.
      
       
         
           1675
        
      
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         ESTC R1709
         13173112
         ocm 13173112
         98326
         
           
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             England's present interest discover'd with honour to the prince and safety to the people in answer to this one question, What is most fit ... at this juncture of affairs to be done for composing ... the heat of contrary interests & making them subservient to the interest of the government, and consistent with the prosperity of the kingdom? : presented and submitted to the consideration of superiours.
             Penn, William, 1644-1718.
          
           [3], 30 p.
           
             s.n.],
             [London :
             1675.
          
           
             Written by William Penn. Cf. DNB.
             Place of publication from Wing.
             Errata on p. 30.
             Marginal notes.
          
        
      
    
     
       
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         eng
      
       
         
           Society of Friends.
           Great Britain -- Politics and government -- 1660-1688.
        
      
    
     
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           ENGLAND's
           Present
           Interest
           DISCOVER'D
           With
           HONOUR
           to
           the
           PRINCE
           ,
           AND
           SAFETY
           to
           the
           PEOPLE
           .
           In
           Answer
           to
           this
           One
           
             Question
             ;
             What
             is
             most
             Fit
             ,
             Easie
             and
             Safe
             at
             this
             Juncture
             of
             Affairs
             to
             be
             done
             ,
             for
             Composing
             ,
             at
             least
             Quieting
             of
             Differences
             ;
             Allaying
             the
             Heat
             of
             Contrary
             Interests
             ,
             &
             making
             them
             Subservient
             to
             the
             Interest
             of
             the
             Government
             ,
             and
             Consistent
             with
             the
             Prosperity
             of
             the
             Kingdom
             ?
          
           Presented
           and
           Submitted
           to
           the
           Consideration
           of
           SUPERIOURS
           .
        
         
           And
           Abraham
           said
           to
           Lot
           ,
           Let
           there
           be
           no
           Strife
           between
           me
           and
           thee
           ;
           for
           we
           are
           Brethren
           ,
        
         
           Gen.
           13.
           8.
           
        
         
           As
           ye
           would
           that
           men
           should
           do
           to
           you
           ,
           do
           ye
           also
           to
           them
           likewise
           ,
        
         
           Luke
           6.
           31.
           
        
         
           Lex
           est
           Ratio
           sine
           appetitu
           .
        
         
           Printed
           in
           the
           Year
           1675.
           
        
      
       
         
         
         
           THE
           CONTENTS
           .
        
         
           
             The
             Introduction
             to
             the
             
               Question
               ,
               pag.
            
             1.
             
          
           
             The
             Question
             stated
             ,
             pag.
             5.
             
          
           
             The
             Answer
             to
             the
             
               Question
               ,
               pag.
            
             5.
             
          
           
             I.
             Of
             English
             Rights
             ,
             in
             the
             
               Brittish
               ,
               Saxon
            
             and
             Norman
             Times
             ,
             pag.
             6
             ,
             7.
             
          
           
             Particularly
             of
             Liberty
             and
             
               Property
               ,
               p.
            
             7
             ,
             8
             ,
             9
             ,
             10.
             
          
           
             Of
             
               Legislation
               ,
               pag.
            
             11
             ,
             12
             ,
             13.
             
          
           
             Of
             
               Juries
               ,
               pag.
            
             14
             ,
             15
             ,
             16.
             
          
           
             That
             they
             are
             Fundamental
             to
             the
             Government
             ,
             and
             but
             repeated
             and
             confirmed
             by
             the
             
               Great
               Charter
               ,
               pag.
            
             17
             ,
             18
             ,
             19
             ,
             20
             ,
             21
             ,
             22
             ,
             23
             ,
             24.
             
          
           
             The
             Reverence
             paid
             them
             by
             Kings
             and
             Parliaments
             ,
             and
             their
             Care
             to
             preserve
             them
             ,
             pag.
             25.
             
          
           
             The
             Curse
             and
             Punishment
             that
             attended
             the
             
               Violators
               ,
               pag.
            
             26
             ,
             27
             ,
             28
             ,
             29
             ,
             30.
             
          
           
             More
             General
             Considerations
             of
             Property
             ,
             &c.
             The
             Uncertainty
             and
             Ruine
             of
             Interests
             that
             follow
             ,
             especially
             where
             it
             is
             not
             maintain'd
             ;
             Presidents
             :
             That
             it
             is
             the
             Prince's
             Interest
             to
             preserve
             it
             Inviolably
             from
             the
             fingering
             of
             the
             Church
             ;
             
             that
             it
             is
             not
             Justly
             Forfeitable
             for
             Non-conformity
             to
             her
             ;
             and
             that
             where
             she
             has
             the
             keeping
             of
             Property
             ,
             the
             Government
             is
             chang'd
             from
             Civil
             to
             
               Ecclesiastical
               ,
               King
            
             to
             
               Bishop
               ,
               Parliament-House
            
             to
             the
             Vestary
             ;
             for
             so
             the
             Clergy
             have
             the
             Keys
             as
             well
             of
             Civil
             as
             
             Church-Society
             ,
             pag.
             31
             ,
             32
             ,
             33
             ,
             34
             ,
             35
             ,
             36
             ,
             37.
             
          
           
             II.
             Of
             a
             Ballance
             ,
             respecting
             
               Religious
               Differences
               ,
               pag.
            
             38
             ,
             39
             ,
             40.
             
          
           
             Eight
             
               Prudential
               Reasons
            
             why
             the
             Civil
             Magistrate
             should
             embrace
             it
             ,
             pag.
             40
             ,
             41
             ,
             42
             ,
             43
             ,
             44
             ,
             45
             ,
             46.
             
          
           
             Three
             Objections
             Answer'd
             ,
             p.
             46
             ,
             47
             ,
             48
             ,
             49
             ,
             50
             51.
             
          
           
             A
             Comprehension
             consider'd
             ,
             but
             a
             Toleration
             preferr'd
             ,
             upon
             Reasons
             and
             
               Examples
               ,
               pag.
            
             51
             ,
             52.
             53
             ,
             54.
             
          
           
             III.
             Of
             General
             &
             
               Practical
               Religion
               ,
               pag.
            
             55.
             
             That
             the
             Promotion
             of
             it
             only
             is
             the
             Way
             to
             
               take
               in
            
             ,
             and
             stop
             the
             Mouth
             of
             all
             Perswasions
             ,
             being
             the
             Center
             to
             which
             all
             Parties
             verbally
             tend
             ,
             and
             therefore
             the
             fittest
             Station
             for
             a
             prudent
             Magistrate
             to
             meet
             every
             Interest
             :
             the
             Neglect
             of
             it
             pernicious
             ;
             Instances
             :
             That
             it
             is
             the
             
               Unum
               Necessarium
            
             to
             Felicity
             here
             &
             hereafter
             ,
             p.
             56
             ,
             57
             ,
             58
             ,
             59.
             
          
           
             An
             Exhortation
             to
             
               Superiours
               ,
               pag.
            
             60.
             
          
           
             A
             
               Corollary
               ,
               pag.
            
             61
             ,
             62.
             
          
        
      
       
         
         
           THE
           INTRODUCTION
           .
        
         
           THere
           is
           no
           LAW
           under
           Heaven
           ,
           which
           hath
           its
           Rise
           from
           Nature
           or
           Grace
           ,
           that
           forbids
           Men
           to
           
             Deal
             Honestly
             and
             Plainly
          
           with
           the
           greatest
           Personages
           in
           Matters
           of
           highest
           Importance
           to
           their
           Present
           and
           Future
           Good
           ;
           On
           the
           Contrary
           ,
           the
           Dictates
           of
           both
           enjoyn
           every
           Man
           that
           Office
           to
           his
           Neighbour
           ,
           and
           from
           Charity
           among
           private
           Persons
           ,
           it
           becomes
           a
           Duty
           indispensible
           to
           the
           Publick
           :
           Nor
           do
           Worthy
           Minds
           think
           ever
           the
           less
           kindly
           of
           Honest
           and
           Humble
           Monitors
           ;
           and
           God
           ,
           he
           knows
           ,
           that
           oft-times
           Princes
           are
           Deceived
           ,
           and
           Kingdoms
           Languish
           for
           Want
           of
           them
           .
           How
           far
           the
           Posture
           of
           our
           Affairs
           will
           instifie
           this
           Address
           ,
           I
           shall
           submit
           to
           your
           Judgment
           ,
           and
           the
           Observation
           of
           every
           intelligent
           Reader
           .
        
         
           Certain
           it
           is
           ,
           that
           there
           are
           few
           Kingdoms
           in
           the
           World
           more
           
             Divided
             within
             themselves
          
           ,
           and
           whose
           
             Religious
             Interests
          
           lie
           more
           seemingly
           cross
           to
           all
           Accommodation
           ,
           then
           that
           we
           live
           in
           ,
           which
           renders
           the
           
           Magistrate's
           Task
           hard
           ,
           and
           giveth
           him
           a
           Difficulty
           ,
           some
           think
           insurmountable
           .
        
         
           Your
           Endeavours
           for
           a
           Uniformity
           have
           been
           many
           ;
           Your
           Acts
           not
           a
           few
           to
           Enforce
           it
           ;
           but
           the
           Consequence
           ,
           whether
           you
           intended
           it
           or
           no
           ,
           through
           the
           Barbarous
           Practices
           of
           those
           that
           have
           had
           their
           Execution
           ,
           hath
           been
           the
           Spoiling
           of
           several
           Thousands
           
           of
           the
           
             Free
             Inhabitants
          
           of
           this
           Kingdom
           of
           their
           Unforfeited
           Rights
           .
           
             Persons
             have
             been
             flung
             into
             Goals
             ,
             Gates
             and
             Trunks
             broak
             open
             ,
             Goods
             distrained
             ,
             till
             a
             Stool
             hath
             not
             been
             left
             to
             sit
             down
             on
             ;
             Flocks
             of
             Cattel
             driven
             ,
             whole
             Barns
             full
             of
             Corn
             seized
             ,
             Parents
             left
             without
             their
             Children
             ,
             Children
             without
             their
             Parents
             ,
             both
             without
             Subsistence
             :
          
           But
           that
           which
           aggravates
           the
           Cruelty
           ,
           is
           ,
           the
           
             Widdow's
             Mite
          
           hath
           not
           escaped
           their
           Hands
           ;
           they
           have
           made
           her
           Cow
           the
           Forieit
           of
           her
           Consoience
           ,
           not
           leaving
           her
           a
           Bed
           to
           lie
           on
           ,
           nor
           a
           Blanket
           to
           cover
           her
           :
           and
           which
           is
           yet
           more
           Barbarous
           ,
           and
           helps
           to
           make
           up
           this
           Tragedy
           ,
           the
           poor
           
             Helpless
             Orphans
             Milk
          
           boiling
           over
           the
           Fire
           ,
           was
           
             flung
             away
             ,
             and
             the
             Skillet
             made
             part
             of
             their
             Prize
          
           ;
           that
           ,
           had
           not
           Nature
           in
           Neighbours
           been
           stronger
           then
           Cruelty
           in
           such
           Informers
           and
           Officers
           ,
           to
           open
           her
           Bowels
           for
           their
           Relief
           and
           Subsistence
           ,
           they
           must
           have
           utterly
           perisht
           .
           Nor
           can
           these
           in
           human
           Instruments
           plead
           Conscience
           or
           Duty
           to
           those
           Laws
           that
           have
           been
           made
           against
           Dissenters
           ,
           since
           their
           Actions
           have
           abundantly
           transcended
           the
           severest
           Clause
           in
           them
           ;
           for
           to
           
             see
             the
             Imprison'd
          
           has
           been
           Suspicion
           enough
           for
           a
           Goal
           ;
           and
           to
           
             visit
             the
             Sick
          
           ,
           to
           make
           a
           
             Conventicle
             :
             Fining
          
           and
           
             Straining
             for
             Preaching
             and
             being
             at
             a
             Meeting
             ,
             where
             there
             hath
             been
             neither
          
           ;
           and
           Fourty
           Pound
           for
           Twenty
           ,
           at
           pick
           and
           choose
           too
           ,
           is
           a
           Moderate
           Advance
           with
           some
           of
           them
           .
           Others
           thinking
           this
           a
           Way
           too
           Dull
           and
           Troublesom
           ,
           alter
           the
           Question
           ,
           and
           turn
           ,
           
             Have
             you
             met
          
           ?
           which
           the
           Act
           intends
           ,
           to
           ,
           
             Will
             you
             Swear
          
           ?
           which
           it
           intendeth
           not
           :
           so
           that
           in
           some
           Places
           it
           hath
           been
           sufficient
           to
           a
           Primunire
           ,
           that
           men
           have
           had
           Estates
           to
           loose
           ;
           I
           mean
           ,
           such
           men
           ,
           who
           
             through
             Tenderness
             refuse
             the
             Oath
          
           ,
           
           but
           by
           Principle
           love
           the
           Allegiance
           not
           less
           then
           their
           Adversaries
           .
        
         
           Finding
           then
           by
           Sad
           Experience
           ,
           and
           a
           long
           Tract
           of
           Time
           ,
           That
           the
           very
           Remedies
           applyed
           to
           cure
           Dissension
           increase
           it
           ;
           and
           that
           the
           more
           Vigorously
           an
           Uniformity
           is
           coercively
           prosecuted
           ,
           the
           Wider
           Breaches
           grow
           ,
           the
           more
           Inflamed
           Persons
           are
           ,
           and
           fixt
           in
           their
           Resolutions
           to
           stand
           by
           their
           Principles
           ;
           which
           ,
           besides
           all
           other
           Inconveniencies
           to
           those
           that
           give
           them
           Trouble
           ,
           their
           very
           Sufferings
           beget
           that
           Compassion
           in
           the
           Multitude
           ,
           which
           rarely
           misse
           of
           many
           Friends
           ,
           and
           makes
           a
           Preparation
           for
           not
           a
           few
           Proselytes
           ;
           so
           much
           more
           Reverend
           is
           Suffering
           ,
           then
           making
           men
           to
           suffer
           
             for
             Religion
          
           ,
           even
           of
           those
           that
           cannot
           suffer
           for
           their
           Religion
           ,
           if
           yet
           they
           have
           any
           Religion
           to
           suffer
           for
           .
           Histories
           are
           full
           of
           Examples
           ;
           The
           Persecution
           of
           the
           Christian
           .
           Religion
           made
           it
           more
           Illustrious
           then
           its
           Doctrine
           .
           Perhaps
           it
           will
           be
           denyed
           to
           
             English
             Dissenters
          
           ,
           that
           they
           relie
           upon
           so
           good
           a
           Cause
           ,
           and
           therefore
           a
           Vanity
           in
           them
           to
           expect
           that
           Success
           .
           Arrianism
           it self
           ,
           reputed
           the
           foulest
           Heresie
           by
           the
           Church
           ,
           was
           by
           no
           Artifice
           of
           its
           Party
           so
           disseminated
           ,
           as
           the
           severe
           Opposition
           of
           the
           Homousians
           .
        
         
           Contests
           naturally
           draw
           Company
           ;
           and
           the
           Vulgar
           are
           justified
           in
           their
           Curiosity
           ,
           if
           not
           Pitty
           ,
           when
           they
           see
           so
           many
           Wiser
           Men
           busie
           themselves
           to
           suppress
           a
           People
           ,
           by
           whom
           they
           see
           no
           other
           ill
           then
           that
           for
           Non-conformity
           in
           Matters
           of
           Religion
           they
           bear
           Indignities
           patiently
           .
        
         
           To
           be
           short
           ;
           If
           all
           the
           
             Interruptions
             ,
             Informations
             ,
             Fines
             ,
             Imprisonments
             ,
             Exiles
          
           and
           Blood
           ,
           the
           great
           Enemy
           
           of
           Nature
           ,
           as
           well
           as
           Grace
           ,
           hath
           excited
           man
           in
           all
           Ages
           to
           about
           Matters
           of
           Worship
           from
           Cain
           and
           
           Abel's
           time
           to
           ours
           ,
           could
           furnish
           us
           with
           sufficient
           Presidents
           ,
           that
           the
           
             Design
             proposed
             by
             the
             Inflictors
             of
             so
             much
             Severity
             ,
             was
             ever
             answered
          
           ;
           that
           they
           have
           
             smother'd
             Opinions
             ,
             and
             not
             Inflamed
             ,
             but
             Extinguisht
             Contest
             ,
          
           it
           might
           perhaps
           at
           least
           prudentially
           give
           
             Check
             to
             our
             Expectations
          
           ,
           and
           allay
           my
           just
           Confidence
           in
           this
           Address
           ;
           But
           since
           
             such
             Attempts
          
           have
           ever
           been
           found
           Improsperous
           ,
           as
           well
           as
           that
           they
           are
           too
           Costly
           ,
           and
           that
           they
           have
           procured
           the
           
             Judgments
             of
             God
          
           ,
           the
           Hatred
           of
           Men
           ;
           to
           the
           
             Sufferers
             ,
             Misery
          
           ;
           to
           their
           Countries
           ,
           
             Decay
             of
             People
             and
             Trade
          
           ;
           and
           to
           their
           own
           Consciences
           an
           infinite
           Guilt
           ;
           I
           fall
           to
           the
           Question
           ,
           and
           then
           the
           Solution
           of
           it
           ;
           in
           which
           ,
           as
           I
           declare
           ,
           I
           intend
           nothing
           that
           should
           in
           the
           least
           abate
           of
           that
           
             Love
             ,
             Honour
          
           and
           Service
           that
           are
           due
           to
           you
           ;
           so
           I
           beseech
           you
           ,
           do
           me
           that
           Justice
           as
           to
           make
           the
           
             fairest
             Interpretation
             of
             my
             Expressions
          
           ;
           for
           the
           whole
           of
           my
           Plain
           and
           Honest
           Design
           is
           ,
           to
           offer
           my
           Mite
           for
           the
           
             Increase
             of
             your
             True
             Honour
             and
             my
             dear
             Country's
             Felicity
             .
          
        
      
    
     
       
         
         
           The
           QUESTION
           .
           
             WHat
             is
             most
             Fit
             ,
             Easie
             and
             Safe
             at
             this
             Juncture
             of
             Affairs
             to
             be
             done
             ,
             for
             Composing
             ,
             at
             least
             Quieting
             Differences
             ;
             for
             Allaying
             the
             Heat
             of
             Contrary
             Interests
             ,
             and
             making
             them
             Subservient
             to
             the
             Interest
             of
             the
             Government
             ,
             and
             Consistent
             with
             the
             Prosperity
             of
             the
             Kingdom
             ?
          
        
         
           
             
               The
               ANSWER
               .
            
             
               
                 I.
                 An
                 Inviolable
                 and
                 Impartial
                 Maintenance
                 of
                 English
                 Rights
                 .
              
               
                 II.
                 Our
                 Superiours
                 governing
                 themselves
                 upon
                 a
                 Ballance
                 ,
                 as
                 near
                 as
                 may
                 be
                 ,
                 towards
                 the
                 several
                 Religious
                 Interests
                 .
              
               
                 III.
                 A
                 sincere
                 Promotion
                 of
                 General
                 and
                 Practical
                 Religion
                 .
              
            
          
        
         
           I
           shall
           briefly
           discourse
           upon
           these
           Three
           Things
           ,
           and
           endeavour
           to
           prove
           them
           a
           sufficient
           ,
           if
           not
           the
           
             only
             best
             Answer
          
           that
           can
           be
           given
           to
           the
           Question
           propounded
           .
        
         
           
           
             Of
             ENGLISH-RIGHT
             .
          
           
             THere
             is
             no
             Government
             in
             the
             World
             but
             it
             musteither
             stand
             upon
             
               Will
               and
               Power
            
             ,
             or
             
               Condition
               and
               Contract
            
             :
             The
             one
             rules
             by
             Men
             ;
             the
             other
             by
             Laws
             .
             And
             above
             all
             Kingdoms
             under
             Heaven
             it
             is
             
             England's
             Felicity
             to
             have
             her
             Constitution
             so
             impartially
             Just
             and
             Free
             ,
             as
             there
             cannot
             well
             be
             any
             thing
             more
             remote
             from
             Arbitrariness
             ,
             and
             jealous
             of
             preserving
             her
             Laws
             ,
             by
             which
             all
             Right
             is
             maintain'd
             .
          
           
             These
             Laws
             are
             either
             Fundamental
             ,
             and
             so
             immutable
             ;
             or
             more
             Superficial
             and
             Temporary
             ,
             and
             consequently
             alterable
             .
          
           
             By
             
               Superficial
               Laws
            
             we
             understand
             such
             Acts
             ,
             Laws
             or
             Statutes
             ,
             as
             are
             suited
             to
             present
             Occurrences
             ,
             and
             Emergencies
             of
             State
             ;
             and
             which
             may
             as
             well
             be
             abrogated
             ,
             as
             they
             were
             first
             made
             for
             the
             Good
             of
             the
             Kingdom
             :
             For
             Instance
             ;
             Those
             Statutes
             that
             relate
             to
             Victuals
             ,
             Cloaths
             ,
             Times
             and
             Places
             of
             Trade
             ,
             &c.
             which
             have
             ever
             stood
             whilst
             the
             Reason
             of
             them
             was
             in
             Force
             ;
             but
             when
             that
             Benefit
             ,
             which
             once
             redounded
             ,
             fell
             by
             fresh
             Accidents
             ,
             they
             ended
             according
             to
             that
             old
             Maxim
             ,
             
               Cessante
               ratione
               legis
               ,
               cessat
               l●x
               .
            
          
           
             By
             
               Fundamental
               Laws
            
             I
             do
             not
             only
             understand
             such
             as
             immediately
             spring
             from
             Synteresis
             ,
             that
             Eternal
             Principle
             of
             Truth
             and
             Sapience
             ,
             more
             orless
             disseminated
             through
             Mankind
             ,
             which
             are
             as
             the
             Corner
             Stones
             of
             Humane
             Structure
             ,
             the
             Basis
             of
             reasonable
             Societies
             ,
             without
             which
             all
             would
             run
             into
             Heaps
             ,
             and
             Confusion
             :
             namely
             ,
             
               Honeste
               vivers
               ,
               alterum
               non
               loedere
               ,
               jus
               suum
               cuique
               tribuere
            
             ;
             that
             is
             ,
             To
             live
             Honestly
             ,
             not
             to
             Hurt
             another
             ,
             and
             to
             give
             every
             one
             their
             Right
             (
             Excellent
             Principles
             ,
             and
             common
             to
             all
             Nations
             :
             Though
             that
             it self
             were
             sufficient
             to
             our
             present
             purpose
             )
             But
             those
             Rights
             and
             Priviledges
             ,
             which
             I
             call
             English
             ,
             and
             which
             are
             the
             proper
             
               Birth
               right
            
             of
             English
             men
             ,
             may
             be
             reduced
             to
             these
             Three
             :
          
           
             First
             ,
             
               An
               Ownership
               ,
               and
               Undisturbed
               Possession
               :
               That
               what
               they
               have
               ,
               is
               rightly
               theirs
               ,
               and
               no
               Body's
               else
               .
            
          
           
           
             2dly
             ,
             
               A
               Voting
               of
               every
               Law
               ,
               that
               is
               made
               ,
               whereby
               that
               Ownership
               or
               Propriety
               may
               be
               maintained
               .
            
          
           
             3dly
             ,
             
               An
               Influence
               upon
               ,
               and
               a
               real
               Share
               in
               that
               Judicatory
               Power
               that
               must
               apply
               every
               such
               Law
               ;
               which
               is
               the
               Ancient
               ,
               Necessary
               and
               Landable
               Use
               of
               Juries
               ,
               if
               not
               found
               among
               the
            
             Brittains
             ,
             
               to
               be
               sure
               practised
               by
               the
            
             Saxons
             ,
             
               and
               continued
               through
               the
            
             Normans
             
               to
               this
               very
               day
            
             .
          
           
             That
             these
             have
             been
             the
             Ancient
             and
             Undoubted
             Rights
             of
             English
             men
             ,
             as
             three
             great
             Roots
             ,
             under
             whose
             spacious
             Branches
             the
             English
             People
             have
             been
             wont
             to
             shelter
             themselves
             against
             the
             Storms
             of
             Arbitrary
             Government
             ,
             I
             shall
             endeavour
             to
             prove
             .
          
           
             
               1.
               
               
                 An
                 Ownership
                 and
                 Undisturbed
                 Possession
              
               .
            
             
               This
               relates
               both
               to
               Title
               and
               Security
               of
               Estate
               ,
               and
               Liberty
               of
               Person
               ,
               from
               the
               Violence
               of
               Arbitrary
               Power
               .
            
             
               'T
               is
               true
               ,
               the
               Foot.
               Steps
               of
               the
               Brittish
               Government
               are
               very
               much
               over-grown
               by
               Time
               :
               There
               is
               scarcely
               any
               thing
               remarkable
               left
               us
               ,
               but
               what
               we
               are
               beholden
               to
               Strangers
               for
               ;
               either
               their
               own
               Unskilfulness
               in
               Letters
               ,
               or
               their
               Depopulations
               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.
                 West
                 minster
              
               say
               as
               much
               .
            
             
               The
               Law
               of
               Property
               they
               observed
               ,
               and
               made
               those
               Laws
               that
               concern'd
               the
               Preservation
               of
               it
               .
            
             
               The
               Saxons
               brought
               no
               Alteration
               to
               these
               two
               Fundamentals
               of
               our
               English
               Government
               ;
               for
               they
               were
               a
               Free
               People
               ,
               govern'd
               by
               Laws
               ;
               of
               which
               they
               themselves
               were
               the
               Makers
               ;
               that
               is
               ,
               There
               was
               no
               Law
               
               made
               without
               the
               Consent
               of
               the
               People
               
                 (
                 de
                 majoribus
                 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
               ,
               then
               their
               Ambition
               :
               For
               the
               Learned
               Collector
               of
               the
               
                 Brittish
                 Councils
              
               tells
               us
               ,
               That
               Ethelston
               ,
               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
               ,
               1st
               ,
               That
               something
               was
               theirs
               ,
               that
               no
               Body
               else
               could
               dispose
               of
               .
               2dly
               ,
               That
               they
               have
               Property
               by
               their
               own
               Law
               ;
               therefore
               they
               had
               a
               Share
               in
               making
               their
               own
               Laws
               .
               3dly
               ,
               That
               the
               Law
               was
               Umpier
               between
               King
               and
               People
               ;
               neither
               of
               them
               ought
               to
               infringe
               ;
               the
               Law
               limited
               them
               .
               This
               Ina
               ,
               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
               ,
               administred
               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
               consisted
               of
               
                 King
                 ,
                 Lords
              
               and
               People
               ,
               before
               the
               Clergy
               interwove
               themselves
               with
               the
               Civil
               Government
               .
               And
               
                 Andrew
                 Horn
              
               in
               his
               
                 Miror
                 of
                 Justice
              
               ,
               tells
               us
               ,
               That
               
               
                 the
                 Grand
                 Assembly
                 of
                 the
                 Kingdom
                 in
                 the
              
               Saxon
               
                 time
                 ,
                 was
                 to
                 confer
                 of
                 the
                 Government
                 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
               Conqueror
               ,
               as
               he
               is
               usually
               called
               ,
               quitting
               all
               claim
               by
               Conquest
               ,
               gladly
               stoopt
               to
               the
               Laws
               observed
               by
               the
               Saxon
               Kings
               ,
               and
               so
               became
               a
               King
               by
               Leave
               ,
               valuing
               a
               Title
               by
               Election
               before
               that
               which
               is
               founded
               in
               
               Power
               only
               :
               He
               therefore
               at
               his
               Coronation
               made
               a
               solemn
               Covenant
               
                 to
                 maintain
                 the
                 good
                 ,
                 approv'd
                 ,
                 and
                 ancient
                 Laws
                 of
                 the
                 Kingdom
                 ,
                 and
                 to
                 inhibit
                 all
                 Spoil
                 and
                 unjust
                 Judgment
                 .
              
            
             
             
               And
               this
               ,
               Henry
               the
               first
               ,
               his
               third
               Son
               ,
               amongst
               others
               his
               Titles
               mentioned
               in
               his
               Charter
               ,
               to
               make
               Ely
               a
               Bishoprick
               ,
               calls
               himself
               
                 Son
                 of
              
               William
               
                 the
                 Great
              
               ,
               who
               
               by
               Hereditary
               Right
               succeeded
               King
               Edward
               (
               call'd
               
                 the
                 Confessor
              
               )
               in
               this
               Kingdom
               .
               An
               ancient
               Chronicle
               of
               Leichfield
               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
               ,
               as
               followeth
               .
               And
               one
               of
               the
               first
               Laws
               made
               by
               this
               King
               ,
               which
               ,
               as
               a
               notable
               Author
               saith
               ,
               
                 may
                 be
                 called
                 the
                 first
                 Magna
                 Charta
                 in
                 the
              
               Norman
               Times
               ,
               by
               which
               he
               reserved
               to
               himself
               nothing
               of
               the
               Free-men
               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
                 Tenements
                 well
                 or
                 quietly
                 ,
                 and
                 in
                 Peace
                 ,
                 from
                 all
                 unjust
                 Tax
                 and
                 Tillage
              
               ;
               which
               is
               further
               expounded
               in
               the
               Laws
               of
               Henry
               the
               first
               ,
               ch
               .
               4.
               
               
                 That
                 no
                 Tribute
                 or
                 Tax
                 should
                 be
                 taken
                 ,
                 but
                 what
                 was
                 due
                 in
              
               Edward
               
                 the
                 Confessor's
                 Time.
              
               So
               that
               the
               Norman
               Kings
               claim
               no
               other
               Right
               in
               the
               Lands
               and
               Possessions
               of
               any
               of
               their
               Subjects
               ,
               then
               according
               to
               English
               Law
               and
               Right
               .
               And
               so
               tender
               were
               they
               of
               Property
               in
               those
               times
               ,
               that
               when
               Justice
               it self
               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
               was
               rife
               ,
               and
               men
               seem'd
               to
               have
               no
               more
               Right
               to
               their
               own
               ,
               then
               they
               had
               Power
               to
               maintain
               ,
               even
               then
               was
               this
               law
               sufficient
               Sanctuary
               to
               all
               Oppressed
               ,
               by
               being
               publickly
               pleaded
               
               at
               the
               Bar
               against
               all
               Usurpations
               ,
               though
               it
               were
               
               under
               the
               Pretence
               of
               their
               Conqueror's
               Right
               it self
               ,
               as
               
               by
               the
               Case
               of
               Edwin
               of
               Sharnbourn
               appears
               .
            
             
               The
               like
               Obligation
               to
               maintain
               this
               Fundamental
               Law
               of
               Property
               ,
               with
               the
               appendent
               Rights
               of
               the
               People
               ,
               was
               taken
               by
               
                 Rufus
                 ,
                 Henry
              
               the
               1st
               ,
               
                 Stephen
                 ,
                 Henry
              
               the
               2d
               ,
               Richard
               the
               1st
               ,
               John
               ,
               and
               Henry
               the
               3d
               ;
               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
               English
               men
               was
               thereby
               
                 de
                 novo
              
               granted
               ,
               as
               in
               Civility
               to
               King
               Henry
               the
               third
               it
               is
               termed
               ;
               but
               that
               they
               are
               therein
               only
               repeated
               and
               confirmed
               :
               Wherefore
               I
               shall
               return
               to
               antecedent
               Times
               tofetch
               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
               Bond-men
               ,
               
                 vinculis
                 coercere
                 rarum
                 est
              
               :
               In
               case
               of
               Debt
               or
               Dammage
               ,
               the
               Recovery
               thereof
               was
               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
               Subsistence
               ,
               but
               his
               Person
               never
               imprison'd
               for
               the
               D●bt
               ,
               no
               ,
               not
               in
               the
               King's
               Case
               :
               And
               to
               the
               Honour
               of
               King
               Alfred
               be
               it
               spoaken
               ,
               
                 He
                 imprison'd
              
               
               
                 one
                 of
                 his
                 Judges
                 for
                 Imprisoning
                 a
                 Man
                 in
                 that
                 Case
                 .
              
               And
               we
               find
               among
               his
               Laws
               this
               Passage
               ,
               
                 Qui
                 immerentem
                 Paganum
                 vin●ul●s
                 〈◊〉
                 stri●xer●t
                 ,
                 dec●m
                 solidis
                 noxam
                 sarcito
                 :
              
               That
               if
               a
               Man
               should
               imprison
               a
               Pagan
               ,
               or
               Heathen
               unjustly
               ,
               his
               Purgation
               of
               that
               Offence
               should
               be
               no
               less
               then
               the
               Payment
               of
               Ten
               Shillings
               ;
               a
               Sum
               very
               considerable
               in
               those
               dayes
               .
               Nor
               did
               the
               Revolution
               from
               Saxon
               to
               Norman
               drop
               this
               Priviledge
               ;
               
               for
               besides
               the
               general
               Confirmation
               of
               former
               Rights
               by
               William
               ,
               surnamed
               the
               Conqueror
               ,
               his
               Son
               Henry
               the
               
               first
               ,
               particularly
               took
               such
               Care
               of
               continuing
               this
               part
               of
               Property
               inviolable
               ,
               that
               in
               his
               Time
               no
               Person
               was
               to
               be
               imprison'd
               for
               committing
               of
               Mortal
               Crime
               it self
               ,
               unless
               he
               were
               first
               attainted
               by
               the
               Verdict
               of
               Twelve
               Men.
               
            
             
               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
                 inviolably
                 mine
                 own
                 .
              
            
          
           
             
               2.
               
               A
               Voting
               of
               every
               Law
               that
               is
               made
               ,
               whereby
               that
               Ownership
               or
               Propriety
               may
               be
               maintained
               .
            
             
               That
               the
               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
               Hen.
               3.
               even
               as
               early
               as
               the
               Brittains
               themselves
               ;
               and
               that
               it
               continued
               to
               the
               time
               of
               Hen.
               3.
               
               I
               shall
               prove
               by
               several
               Instances
               .
            
             
               Caesar
               in
               his
               Commentaries
               tells
               us
               ,
               That
               it
               was
               the
               
               Custom
               of
               the
               British
               Cities
               to
               Elect
               their
               General
               ;
               and
               if
               in
               War
               ,
               why
               not
               in
               Peace
               ?
               Dion
               assures
               us
               in
               the
               Life
               of
               Severus
               the
               Emperor
               ,
               That
               in
               Brittain
               the
               People
               held
               a
               Share
               in
               Power
               and
               Government
               ;
               which
               is
               the
               modestest
               Construction
               his
               words
               will
               bear
               .
               And
               
               Tacitus
               saith
               ,
               They
               had
               a
               Common
               Council
               ;
               and
               that
               one
               great
               Reason
               of
               their
               Overthrow
               by
               the
               Romans
               was
               ,
               their
               not
               Consulting
               with
               ,
               and
               Relying
               upon
               their
               Common
               Council
               .
               Again
               ,
               Both
               ad
               and
               
                 Mat
                 Westminster
              
               tell
               us
               ,
               That
               the
               Brittains
               summon'd
               a
               Synod
               ,
               chose
               their
               Moderator
               ,
               and
               expell'd
               the
               Pelagian
               Creed
               :
               All
               which
               supposes
               popular
               assemblies
               ,
               with
               Power
               to
               order
               National
               Affairs
               .
               And
               indeed
               ,
               the
               learned
               Author
               of
               the
               Brittish
               Councils
               gives
               some
               Hints
               to
               this
               Purpose
               ,
               That
               they
               
               had
               a
               Common
               Council
               ,
               and
               call'd
               it
               ,
               KYFR-Y-THEN
               .
            
             
               The
               Saxons
               were
               not
               inferiour
               to
               the
               Brittains
               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
               loose
               it
               ,
               by
               transporting
               themselves
               into
               a
               Country
               where
               they
               also
               found
               it
               .
               Tacitus
               reports
               it
               to
               have
               been
               generally
               the
               German
               .
               Liberty
               ,
               like
               unto
               the
               Concie
               of
               the
               Athenians
               and
               
               Lacedemonians
               .
               They
               call
               their
               Free-men
               Frilingi
               ,
               and
               these
               had
               Votes
               in
               the
               Making
               and
               Executing
               the
               general
               Laws
               of
               the
               Kingdom
               .
               In
               
               Ethelbert's
               time
               ,
               after
               
               Austin's
               Insinuations
               had
               made
               his
               Followers
               a
               Part
               of
               the
               Government
               ,
               the
               
                 Commune
                 Concilium
              
               was
               
                 tam
                 Cleri
                 quam
                 Populi
              
               .
               In
               
               Ina's
               time
               ,
               
                 Suasu
                 &
                 instituto
                 Episcoporum
              
               ,
               
               
                 omnium
                 Senatorum
                 &
                 natu
                 majorum
                 sapientum
                 populi
                 .
                 Alfred
              
               after
               him
               reform'd
               the
               former
               Laws
               
                 consulto
                 sapientum
              
               .
               Likewise
               Matters
               of
               publick
               and
               general
               Charge
               ,
               in
               case
               of
               War
               ,
               &c.
               we
               have
               granted
               in
               the
               Assembly
               ,
               
                 Regi
                 ,
                 Baronibus
                 &
                 Populo
              
               .
               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
                 magna
                 servorum
                 Dei
                 frequentia
                 .
              
               Again
               ,
               
                 Commune
                 Concilium
                 seniorum
                 &
                 populorum
                 totius
                 regni
                 ,
              
               the
               Common
               Council
               of
               the
               Elders
               and
               People
               of
               the
               whole
               Kingdom
               .
               The
               Council
               of
               Winton
               ,
               Ann.
               855.
               is
               said
               to
               be
               in
               the
               Presence
               of
               the
               Great
               Men
               ,
               
                 aliorumque
                 fidelium
              
               
               
                 infinita
                 multitudine
              
               ;
               &
               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
               Ages
               shall
               be
               out
               of
               the
               Glossery
               of
               the
               learned
               English
               Knight
               ,
               
                 H.
                 Spelman
              
               :
               
               The
               Saxon
               
                 Wittangemote
                 or
                 Parliament
              
               (
               saith
               he
               )
               
                 is
                 a
                 Convention
                 of
                 the
              
               Princes
               ,
               
                 as
                 well
              
               Bishops
               as
               Magistrates
               ,
               
                 and
                 the
              
               free
               People
               
                 of
                 the
                 Kingdom
              
               ;
               and
               that
               the
               said
               Wittangemote
               consulted
               of
               the
               common
               
                 Safety
                 in
                 Peace
                 and
                 War
              
               ,
               and
               for
               the
               Promotion
               of
               the
               common
               Good.
               William
               of
               
               Normandy
               chose
               rather
               
                 to
                 rely
                 upon
                 the
                 Peoples
                 Consent
                 ,
                 then
                 his
                 own
                 Power
                 to
                 obtain
                 the
                 Kingdom
                 .
              
               He
               swore
               to
               them
               to
               maintain
               their
               
                 old
                 Laws
                 and
                 Priviledges
              
               ;
               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
                 Peoples
                 Lands
                 to
                 them
                 in
                 Inheritance
                 ,
                 according
                 to
                 their
                 ANCIENT
                 Laws
                 .
              
               Matters
               of
               general
               Charge
               upon
               the
               whole
               Body
               of
               the
               People
               ,
               were
               setled
               by
               this
               grand
               Council
               ,
               by
               the
               
                 Commune
                 Concilium
              
               ,
               especially
               in
               the
               
                 Charge
                 of
                 Arms
              
               imposed
               upon
               the
               Subject
               .
               
               The
               Law
               saith
               it
               to
               have
               been
               done
               by
               the
               
                 common
                 Council
                 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
                 gratia
                 ,
                 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
                 quam
                 Populi
                 unanimo
                 consensu
                 &
                 favore
                 ,
              
               by
               the
               Favour
               and
               unanimous
               Consent
               of
               the
               Clergy
               and
               People
               :
               And
               his
               Queen
               is
               said
               to
               have
               been
               crown'd
               
                 de
                 communi
                 consensu
                 &
                 concordi
                 voluntate
                 Archiepiscoporum
                 ,
                 Comitum
                 ,
                 Baronum
                 ,
                 Cleri
                 &
                 Populi
                 totius
                 Regni
                 ,
              
               i.
               e.
               by
               the
               common
               Assent
               and
               unanimous
               Good-Will
               of
               the
               
                 Arch-Bishops
                 ,
                 Bishops
                 ,
                 Counts
                 ,
                 Barons
                 ,
                 Clergy
                 and
              
               People
               
                 of
                 the
                 whole
                 Kingdom
              
               .
               King
               Ed.
               1
               also
               desired
               Money
               of
               the
               
                 commune
                 Concilium
              
               or
               Parliament
               ,
               as
               they
               have
               given
               in
               my
               time
               ,
               and
               that
               of
               my
               Progenitors
               ,
               Kings
               .
            
             
               All
               which
               shows
               ,
               that
               it
               was
               Antecedent
               to
               the
               
                 Great
                 Charter
              
               ,
               not
               the
               Rights
               therein
               repeated
               and
               confirmed
               ,
               but
               the
               Act
               it self
               .
            
             
               And
               King
               
               John's
               Resignation
               of
               the
               Crown
               to
               the
               Pope
               ,
               being
               questiond
               upon
               some
               Occasion
               in
               Edward
               the
               
               3d's
               
               Time
               ,
               it
               was
               agreed
               upon
               ,
               that
               he
               had
               
                 no
                 Power
                 to
                 do
                 it
                 without
                 the
                 Consent
                 of
                 the
                 Dukes
                 ,
                 Prelates
                 ,
                 Barrons
                 and
                 Commons
                 .
              
            
             
               And
               as
               paradoxal
               as
               any
               may
               please
               to
               think
               it
               ,
               't
               is
               
               the
               great
               Interest
               of
               a
               Prince
               ,
               that
               the
               People
               should
               have
               a
               share
               in
               the
               
                 making
                 of
                 their
                 own
                 Laws
              
               ;
               where
               't
               is
               otherwise
               ,
               they
               are
               no
               Kings
               of
               Free-men
               ,
               but
               Slaves
               ,
               and
               those
               their
               Enemies
               for
               making
               them
               so
               .
               
                 Leges
                 nulla
                 alia
                 causa
                 nos
                 tenent
                 ,
                 quam
                 quod
                 judicio
                 populi
                 recepta
                 sunt
              
               ;
               The
               Laws
               (
               saith
               Ulpian
               )
               do
               therefore
               obliege
               the
               People
               ,
               because
               they
               are
               allowed
               of
               by
               their
               Judgment
               .
               And
               Gratian
               ,
               in
               Dec.
               distinct
               .
               4.
               
               
                 Tum
                 demum
                 humanae
                 leges
                 habent
                 vim
                 suam
                 ,
                 cum
                 fuerint
                 non
                 modo
                 institutae
                 ,
                 sed
                 etiam
                 firmatae
                 Approbatione
                 Communitatis
                 :
              
               It
               is
               then
               (
               saith
               he
               )
               that
               human
               Laws
               have
               their
               due
               Force
               ,
               when
               they
               shall
               not
               only
               be
               devised
               ,
               but
               confirm'd
               by
               the
               Approbation
               of
               the
               People
               .
               1.
               
               It
               makes
               Men
               diligent
               ,
               and
               encreaseth
               Trade
               ,
               which
               advances
               the
               Revenue
               ;
               for
               where
               Men
               are
               not
               free
               ,
               they
               will
               never
               seek
               to
               improve
               ,
               because
               they
               are
               not
               sure
               of
               what
               they
               have
               .
               2.
               
               It
               frees
               the
               Prince
               from
               the
               Jealousie
               and
               Hate
               of
               his
               People
               ;
               and
               consequently
               ,
               the
               Troubles
               and
               Danger
               that
               follow
               ;
               and
               makes
               his
               Province
               easie
               and
               safe
               .
               3.
               
               If
               any
               Inconveniency
               attends
               the
               Execution
               of
               any
               Law
               ,
               the
               Prince
               is
               not
               to
               be
               blam'd
               ;
               't
               is
               their
               own
               Fault
               that
               made
               ,
               at
               least
               consented
               to
               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
               .
            
          
           
             
               3.
               
               The
               People
               have
               an
               Influence
               upon
               ,
               and
               a
               great
               Share
               in
               that
               Judicatory
               Power
               .
               &c.
               
            
             
               That
               it
               was
               a
               Brittish
               Custom
               ,
               I
               will
               not
               affirm
               ,
               but
               have
               some
               Reason
               to
               suppose
               ;
               for
               if
               the
               Saxons
               had
               brought
               it
               with
               them
               ,
               they
               would
               also
               have
               lest
               it
               behind
               them
               ,
               and
               in
               all
               likelyhood
               there
               would
               have
               been
               some
               Footsteps
               in
               Saxony
               of
               such
               a
               Law
               or
               Custom
               which
               we
               find
               not
               .
               I
               will
               not
               enter
               the
               Lists
               with
               any
               about
               it
               ;
               This
               shall
               suffice
               ,
               that
               we
               find
               it
               early
               among
               the
               Saxons
               in
               this
               Country
               ;
               and
               if
               they
               ,
               a
               free
               People
               in
               their
               own
               Country
               ,
               setling
               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
               Planters
               are
               wont
               to
               do
               ;
               which
               are
               as
               those
               first
               and
               Corner
               Stones
               ,
               their
               Posterity
               with
               all
               Care
               and
               Skill
               are
               to
               build
               upon
               ,
               that
               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
               diffusively
               ,
               that
               it
               ought
               
                 not
                 to
                 be
                 violated
              
               :
               I
               would
               not
               be
               understood
               of
               the
               Number
               ,
               but
               of
               the
               
                 Way
                 of
                 Tryal
              
               ;
               that
               is
               to
               say
               ,
               that
               
                 Men
                 were
                 not
                 to
                 be
                 condemned
                 but
                 by
                 the
                 Votes
                 of
                 the
                 Freemen
                 .
                 N.
                 Bacon
              
               thinks
               that
               
                 in
                 ruder
                 times
                 the
                 multitude
                 tryed
                 all
                 among
                 themselves
              
               ;
               and
               fancyes
               it
               came
               from
               Graecians
               ,
               that
               determin'd
               
                 Controversies
                 by
                 the
                 Suffrage
                 of
                 34
                 or
                 the
                 major
                 part
                 of
                 them
                 .
              
               Be
               it
               as
               it
               will
               ,
               Juries
               the
               Saxons
               had
               ;
               for
               in
               the
               Laws
               of
               King
               Aetheldred
               ,
               about
               300
               Years
               before
               the
               Entrance
               of
               the
               Norman
               Duke
               ,
               we
               
               find
               enacted
               ,
               
                 in
                 singulis
                 Centuriis
                 ,
                 &c.
              
               thus
               Englisht
               ,
               
                 In
                 every
                 Hundred
                 let
                 there
                 be
                 a
                 Court
                 ,
                 and
                 let
                 twelve
                 Ancient
              
               Free-men
               ,
               
                 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
               of
               his
               
                 Judges
                 to
                 Death
                 for
                 passing
                 Sentence
                 upon
                 a
                 Verdict
                 corruptly
                 obtain'd
                 ,
                 upon
                 the
                 Votes
                 of
                 the
                 Jurors
                 ,
                 three
                 of
                 twelve
                 being
                 in
                 the
                 Negative
                 :
              
               If
               the
               Number
               was
               so
               sacred
               ,
               what
               was
               the
               
                 Constitution
                 it self
              
               ?
               The
               very
               same
               King
               executed
               another
               of
               his
               
                 Judges
                 for
                 passing
                 Sentence
                 of
                 Death
                 upon
                 an
              
               Ignoramus
               
                 return'd
                 by
                 the
                 Jury
              
               ;
               and
               a
               third
               
                 for
                 condemning
                 a
                 Man
                 upon
                 an
                 Inquest
                 taken
              
               ex
               officio
               ,
               
                 when
                 as
                 the
                 Delinquent
                 had
                 not
                 put
                 himself
                 upon
                 their
                 Tryal
                 .
              
               More
               of
               his
               Justice
               might
               be
               mention'd
               even
               in
               this
               very
               Case
               .
            
             
               There
               was
               also
               a
               Law
               made
               in
               the
               time
               of
               Aetheldred
               ,
               
               when
               the
               Brittains
               and
               Saxons
               began
               to
               grow
               tame
               to
               each
               other
               ,
               and
               intercommon
               amicably
               ,
               that
               saith
               ,
               
                 Let
                 there
                 be
                 Twelve
                 men
                 of
                 Understanding
                 ,
                 &c.
                 six
              
               English
               
                 and
                 six
              
               Welsh
               ,
               
                 and
                 let
                 them
                 deal
                 Justice
                 ,
                 both
                 to
              
               English
               and
               Welch
               .
            
             
               Also
               in
               those
               simpler
               times
               ,
               
                 If
                 a
                 Crime
                 extended
                 but
                 to
              
               
               
                 some
                 shameful
                 Pennace
                 ,
                 as
                 Pillary
                 or
                 Whipping
              
               (
               the
               last
               whereof
               as
               usual
               as
               it
               may
               be
               with
               us
               ,
               was
               inflicted
               only
               
               upon
               their
               Bond-men
               )
               
                 then
                 might
                 the
                 Pennance
                 be
                 reduc'd
                 to
                 a
                 Ransom
                 ,
                 according
                 to
                 the
                 Nature
                 of
                 the
                 Fault
                 ;
                 but
                 it
                 must
                 be
                 so
                 assest
                 in
                 the
                 Presence
                 of
                 the
                 Judge
                 ,
                 and
                 by
                 the
                 Twelve
                 ,
              
               that
               is
               
                 the
                 Jury
                 of
                 Friling●
              
               ,
               or
               Free-men
               .
            
             
               Hitherto
               Stories
               tell
               us
               of
               Tryals
               by
               Juries
               ,
               and
               those
               to
               have
               consisted
               in
               general
               Terms
               of
               Free-men
               ,
               but
               PER
               PARES
               came
               after
               ,
               occasion'd
               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
               Company
               for
               a
               Judge
               or
               Sherif
               )
               And
               from
               the
               growing
               Pride
               of
               the
               Danes
               ,
               who
               slighted
               such
               a
               
                 Rural
                 Judicature
              
               ,
               and
               despised
               the
               Fellowship
               of
               the
               mean
               
                 Saxon
                 Free-men
              
               in
               publick
               Service
               ;
               for
               the
               wise
               Saxon
               King
               perceiving
               the
               Dangerous
               Consequence
               of
               submitting
               the
               Lives
               and
               Liberties
               of
               the
               Inferiour
               (
               but
               not
               less
               useful
               People
               )
               
                 to
                 the
                 Dictates
                 of
                 any
                 such
                 superb
                 Humour
              
               ;
               and
               on
               the
               other
               hand
               ,
               of
               subjecting
               the
               
                 Nobler
                 Sort
                 to
                 the
                 Suffrage
                 of
                 the
                 Inferior
                 Rank
                 ,
              
               with
               the
               Advice
               of
               his
               Wittagenmote
               provides
               a
               third
               Way
               ,
               most
               Equal
               and
               Grateful
               ,
               and
               by
               Agreement
               with
               Gunthurne
               the
               Dane
               ,
               setled
               the
               
                 Law
                 of
                 Peers
              
               ,
               or
               Equals
               ;
               which
               is
               the
               
                 Envy
                 of
                 Nations
              
               ,
               but
               the
               famous
               Priviledge
               of
               our
               
                 English
                 People
              
               ,
               one
               of
               those
               three
               Pillars
               the
               Fabrick
               of
               this
               ancient
               and
               
                 Free
                 Government
              
               stands
               upon
               .
            
             
               This
               Benefit
               gets
               Strength
               by
               Time
               ,
               and
               is
               receiv'd
               by
               the
               Norman-Duke
               and
               his
               Successors
               ;
               and
               not
               only
               confirm'd
               in
               the
               lump
               of
               other
               Priviledges
               ,
               but
               in
               one
               notable
               Case
               for
               all
               ,
               that
               might
               be
               brought
               to
               prove
               ,
               that
               the
               
                 fundamental
                 Priviledges
              
               mention'd
               in
               the
               
                 Great
                 Charter
                 ,
                 9.
                 
                 Hen.
              
               3.
               were
               before
               it
               .
               The
               Story
               is
               more
               at
               large
               deliver'd
               by
               our
               Learned
               Selden
               ;
               But
               thus
               ;
               The
               
                 Norman
                 Duke
              
               having
               
               given
               his
               half
               Brother
               Odo
               ,
               a
               large
               Territory
               in
               Kent
               ,
               with
               the
               Earldom
               ;
               and
               he
               taking
               Advantage
               at
               the
               
                 King
                 's
                 being
              
               
               
                 displeased
                 with
                 the
              
               Arch-Bishop
               
                 of
                 Canterbury
              
               ,
               to
               posses
               himself
               of
               some
               of
               the
               Lands
               of
               that
               See
               :
               Landfrank
               that
               succeeded
               the
               Arch-Bishop
               ,
               inform'd
               hereof
               ,
               petition'd
               the
               King
               for
               Justice
               
                 secundum
                 legem
                 terrae
              
               ,
               according
               to
               the
               Law
               of
               the
               Land
               ;
               upon
               which
               the
               King
               summon'd
               a
               County-Court
               ,
               
               the
               Debate
               lasted
               three
               Dayes
               before
               the
               
                 Free-men
                 of
                 Kent
              
               in
               the
               Presence
               of
               
                 Lords
                 and
                 Bishops
                 ,
                 and
                 others
                 skilful
                 in
                 the
                 Law
                 ,
                 and
                 the
                 Judgment
                 passed
                 for
                 the
              
               Arch-Bishop
               UPON
               THE
               VOTES
               OF
               THE
               FREE-MEN
               .
            
             
               By
               all
               which
               it
               is
               (
               I
               hope
               )
               sufficiently
               and
               inoffensively
               manifested
               ,
               that
               these
               three
               Principles
               :
            
             
               1.
               
               English
               
                 men
                 have
                 individually
                 the
                 alone
                 Right
                 of
                 Possession
                 and
                 Disposition
                 of
                 what
                 they
                 have
                 .
              
            
             
               2.
               
               
                 That
                 they
                 are
                 Parties
                 to
                 the
                 Laws
                 of
                 their
                 Country
                 ,
                 for
                 the
                 Maintenance
                 of
                 that
                 great
                 and
                 just
                 Law.
                 
              
            
             
               3.
               
               
                 That
                 they
                 have
                 an
                 Influence
                 upon
                 ,
                 and
                 a
                 real
                 Share
                 in
                 the
                 Judicatory
                 Power
                 ,
                 that
                 shall
                 apply
                 those
                 Laws
                 made
                 ,
              
               have
               been
               the
               
                 ancient
                 Rights
                 of
                 the
                 Kingdom
              
               ,
               and
               common
               
                 Basis
                 of
                 the
                 Government
              
               ;
               that
               which
               Kings
               under
               the
               several
               Revolutions
               have
               
                 sworn
                 to
                 maintain
              
               ,
               and
               History
               affords
               us
               so
               many
               Presidents
               to
               confirm
               ;
               So
               that
               the
               
                 Great
                 Charter
              
               made
               in
               the
               9th
               of
               Henry
               the
               3d
               ,
               was
               not
               the
               Nativity
               ,
               but
               Restoration
               of
               ancient
               Priviledges
               from
               Captivity
               ;
               No
               Grant
               of
               
                 New
                 Rights
              
               ,
               but
               a
               New
               Grant
               ,
               or
               Confirmation
               rather
               of
               
                 Ancient
                 Laws
                 &
                 Liberties
              
               ,
               violated
               by
               King
               John
               ,
               and
               gain'd
               by
               his
               Successor
               ,
               at
               the
               Expence
               of
               a
               long
               and
               bloody
               War
               ,
               which
               shew'd
               them
               as
               resolute
               to
               keep
               ,
               as
               their
               Ancestors
               had
               been
               careful
               to
               enact
               those
               excellent
               Laws
               .
            
             
               And
               so
               I
               am
               come
               to
               the
               
                 Great
                 Charter
              
               ,
               which
               is
               comprehensive
               and
               repetitious
               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
               
                 Circumspection
                 our
                 Ancestors
                 govern'd
                 themselves
                 in
                 Confirming
                 and
                 Preserving
                 it
                 .
              
            
             
               
                 
                   
                     
                       
                         
                           Henry
                           ,
                           by
                           the
                           Grace
                           of
                           God
                           King
                           of
                        
                         England
                         ,
                         &c.
                         
                         
                      
                       
                         
                           To
                           all
                        
                         Arch-Bishops
                         ,
                         Earls
                         ,
                         Barons
                         ,
                         Sheriffs
                         ,
                         Provoses
                         ,
                         
                         Officers
                         ,
                         
                           unto
                           all
                        
                         Bailifs
                         ,
                         
                           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
                       
                         meer
                         and
                         free
                         Will
                      
                       have
                       given
                       and
                       granted
                       to
                       all
                       Arch-Bishops
                       ,
                       &c.
                       and
                       to
                       all
                       Free-men
                       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
               
                 meer
                 and
                 free
                 Will
              
               ,
               yet
               the
               Qualification
               of
               the
               Persons
               ,
               he
               is
               said
               to
               grant
               the
               ensuing
               Liberties
               to
               ,
               shew
               ,
               that
               they
               are
               Terms
               of
               Formality
               ,
               viz.
               
                 To
                 all
              
               Free-men
               
                 of
                 this
                 Realm
              
               ;
               for
               they
               must
               be
               free
               ,
               because
               of
               these
               Laws
               and
               Liberties
               ,
               since
               't
               was
               impossible
               they
               could
               be
               any
               Thing
               but
               Slaves
               without
               them
               ;
               Consequently
               ,
               this
               was
               not
               an
               Infranchising
               ,
               but
               confirming
               to
               Free-men
               their
               just
               Priviledges
               .
               The
               Words
               of
               the
               Charter
               are
               these
               :
            
             
               
                 
                 A
                 Free-man
                 shall
                 not
                 be
                 amerced
                 for
                 a
                 small
                 Fault
                 ,
                 but
                 after
                 the
                 Quantity
                 of
                 the
                 Fault
                 ;
                 and
                 for
                 a
                 great
                 Fault
                 ,
                 after
                 the
                 Manner
                 thereof
                 ,
                 saving
                 to
                 him
                 his
                 Contenements
                 or
                 Freehold
                 :
                 And
                 a
                 Merchant
                 likewise
                 shall
                 be
                 amerced
                 ,
                 saving
                 to
                 him
                 his
                 Merchandize
                 ;
                 and
                 none
                 of
                 the
                 said
                 Amercements
                 shall
                 be
                 assessed
                 ,
                 but
                 by
                 the
                 Oath
                 of
                 good
                 and
                 honest
                 Men
                 of
                 the
                 Vicinage
                 .
              
               
                 
                 No
                 Free-man
                 shall
                 be
                 taken
                 or
                 
                   imprison'd
                   ,
                   nor
                   be
                   disseized
                   of
                   his
                   free
                   hold
                   or
                   Liberties
                   ,
                
                 or
                 free
                 Customs
                 ,
                 or
                 be
                 outlaw'd
                 or
                 exiled
                 ,
                 or
                 any
                 other
                 wayes
                 destroyed
                 ;
                 nor
                 we
                 shall
                 not
                 pass
                 upon
                 him
                 ,
                 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
                 Priviledges
                 were
                 extorted
                 by
                 the
                 Barons
                 Wars
                 ,
              
               when
               the
               King
               declares
               ,
               that
               what
               he
               did
               herein
               ,
               was
               freely
               or
               that
               they
               were
               New
               Priviledges
               ,
               when
               the
               very
               Tenour
               of
               the
               Words
               prove
               the
               contrary
               ;
               for
               
                 Freehold
                 ,
                 Liberties
              
               ,
               or
               
                 Free
                 Customs
              
               are
               by
               the
               Charter
               it self
               supposed
               to
               be
               
                 in
                 the
                 Possession
              
               of
               the
               Free-men
               at
               the
               making
               and
               publishing
               thereof
               .
               
                 No
                 Free-man
                 shall
                 be
                 taken
                 or
                 imprison'd
              
               ;
               then
               he
               is
               free
               ;
               this
               Liberty
               is
               his
               Right
               .
               Again
               ,
               
                 No
                 Free-man
                 shall
                 be
                 disseized
                 of
                 his
                 Freehold
                 ,
                 Liberties
                 ,
                 or
                 free
                 Customs
              
               ;
               then
               certainly
               he
               was
               
                 in
                 Possession
              
               of
               them
               .
               And
               that
               great
               Father
               in
               the
               Laws
               of
               England
               ,
               Chief
               Justice
               Cook
               in
               his
               Proaem
               to
               the
               2d
               Part
               of
               his
               Institutes
               ,
               tells
               us
               ,
               
               that
               
                 th●se
                 Laws
                 and
                 Liberties
                 were
                 gather'd
                 and
                 observ'd
                 amongst
                 others
                 in
                 an
                 intire
                 Volumn
                 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
               split
               between
               King
               John
               and
               the
               Barons
               concerning
               them
               ,
               were
               solemnly
               established
               at
               running-Mead
               near
               Stanes
               ;
               and
               lastly
               ,
               brought
               to
               their
               former
               Station
               ,
               and
               publish'd
               by
               this
               King
               Henry
               the
               third
               ,
               in
               the
               9th
               Year
               of
               his
               Reign
               ;
               And
               though
               Evil
               Counsellors
               would
               have
               provoakt
               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
               compleat
               this
               Charter
               ,
               for
               a
               perpetual
               Establishment
               of
               Liberty
               to
               all
               free-born
               English
               Men
               and
               their
               Heirs
               forever
               ,
               ordaining
               ,
               
                 Quod
                 contravenientes
                 per
                 Dominum
                 Regem
                 cum
                 convicti
                 fuerint
                 ,
                 graviter
                 puniantur
                 .
              
               i.
               e.
               but
               whosoever
               should
               act
               any
               Thing
               contrary
               to
               these
               Laws
               ,
               upon
               Conviction
               should
               be
               grievously
               punished
               by
               our
               Lord
               the
               King.
               And
               in
               the
               22
               Year
               of
               his
               Reign
               ,
               it
               was
               confirmed
               by
               the
               Statute
               of
               
               Marleb
               .
               c.
               5.
               and
               so
               venerable
               an
               Esteem
               have
               our
               Ancestors
               had
               for
               this
               
                 great
                 Charter
              
               and
               indispensibly
               necessary
               have
               
               they
               thought
               it
               to
               their
               own
               and
               Posterities
               Felicity
               ,
               that
               it
               hath
               been
               above
               30
               Times
               ratified
               ,
               and
               commanded
               under
               great
               Penalties
               ,
               to
               be
               put
               in
               Execution
               .
            
             
               Here
               are
               the
               3
               Fundamentals
               comprehended
               &
               exprest
               ,
               to
               have
               been
               the
               Rights
               and
               Priviledges
               of
               English
               Men.
               
            
             
               1.
               
               Ownershp
               ,
               consisting
               of
               Liberty
               and
               Property
               ,
               in
               that
               it
               supposes
               
                 English
                 Men
              
               to
               be
               Free
               ,
               there
               's
               Liberty
               ;
               next
               ,
               that
               they
               
                 have
                 Freeholds
              
               ;
               there
               's
               Property
               .
            
             
               2.
               
               That
               they
               have
               the
               
                 Voting
                 of
                 their
                 own
                 Law
              
               ;
               for
               that
               was
               an
               ancient
               free
               Custom
               ,
               as
               I
               have
               already
               prov'd
               ;
               and
               all
               such
               Costoms
               are
               expresly
               confirmed
               by
               this
               
                 great
                 Charter
              
               ;
               Besides
               ,
               the
               People
               helpt
               to
               make
               it
               .
            
             
               3.
               
               An
               Influence
               upon
               ,
               and
               a
               real
               
                 Share
                 in
                 the
                 Judicatory
                 Power
              
               ,
               in
               the
               Execution
               and
               Application
               of
               Law.
               
            
             
               This
               is
               a
               substantial
               Part
               ,
               thrice
               provided
               for
               in
               those
               sixteen
               Lines
               of
               the
               great
               Charter
               by
               us
               rehears'd
               :
               1.
               
               
                 That
                 no
                 Amercement
                 shall
                 be
                 assessed
                 ,
                 but
                 by
                 the
                 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
               Synonymous
               ,
               or
               a
               Saying
               of
               equal
               Signification
               with
               Lawful
               Judgment
               of
               Peers
               ;
               for
               
                 Law
                 of
                 the
                 Land
              
               ,
               and
               
                 Lawful
                 Judgment
                 of
                 Peers
              
               ,
               are
               the
               
                 Proprium
                 quarto
                 modo
              
               ,
               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
               ,
               that
               
                 per
                 legem
              
               
               terrae
               ,
               or
               by
               the
               Law
               of
               the
               Land
               ,
               imports
               no
               more
               then
               a
               
                 Tryal
                 by
                 Proces
                 ,
                 and
                 Writ
                 original
                 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
               signifie
               the
               same
               Priviledge
               to
               the
               People
               :
               So
               that
               it
               is
               the
               
                 Judgment
                 of
                 the
                 Free-men
                 of
              
               England
               ,
               which
               gives
               the
               Cast
               ,
               and
               turns
               the
               Scale
               of
               
                 English
                 Justice
              
               .
            
             
               These
               Things
               being
               so
               evidently
               prov'd
               by
               long
               Use
               and
               several
               Laws
               ,
               to
               have
               been
               the
               first
               Principles
               or
               
               Fundamentals
               to
               the
               English
               free
               Government
               ;
               I
               take
               leave
               to
               propose
               this
               Question
               ;
               
                 May
                 the
                 free
                 People
                 of
              
               England
               
                 be
                 justly
                 disseized
                 of
                 all
                 or
                 any
                 of
                 these
                 fundamental
                 Principles
                 ,
                 without
                 their
                 Individual
                 Consent
                 ?
              
            
             
               Answ
               .
               With
               Submission
               to
               better
               Skill
               ,
               I
               conceive
               ,
               Not
               ;
               for
               which
               I
               shall
               produce
               first
               my
               Reasons
               ;
               then
               Authorities
               .
            
             
               1.
               
               Through
               the
               
                 Brittish
                 ,
                 Saxon
              
               and
               Norman
               Times
               ,
               the
               People
               of
               this
               Island
               have
               been
               reputed
               and
               call'd
               Free-men
               by
               
                 Kings
                 ,
                 Parliaments
                 ,
                 Records
              
               and
               Histories
               ;
               and
               as
               a
               Son
               supposes
               a
               Father
               ,
               so
               Free-men
               suppose
               Freedom
               .
               This
               Qualification
               imports
               a
               supream
               Right
               ,
               such
               a
               Right
               as
               beyond
               which
               there
               is
               none
               on
               Earth
               to
               disfree
               them
               ,
               or
               deprive
               them
               of
               it
               ;
               therefore
               an
               unalterable
               fundamental
               Part
               of
               the
               Government
               .
            
             
               2.
               
               It
               can
               never
               be
               thought
               ,
               that
               they
               intrusted
               any
               Legislators
               with
               this
               Capital
               Priviledge
               further
               then
               to
               use
               their
               best
               Skill
               to
               secure
               and
               maintain
               it
               ,
               that
               is
               ,
               so
               far
               as
               they
               were
               a
               Part
               of
               the
               English
               Government
               ;
               they
               never
               delegated
               or
               impower'd
               any
               Men
               ,
               that
               
                 de
                 jure
              
               they
               could
               deprive
               them
               of
               that
               Qualification
               ?
               and
               
                 a
                 Facto
                 ad
                 Jus
                 non
                 valet
                 Argumentum
                 ,
              
               for
               the
               Question
               is
               not
               ,
               What
               May
               
                 be
                 done
              
               ?
               but
               what
               Ought
               
                 to
                 be
                 done
              
               ?
               Overseers
               and
               Stewards
               are
               impower'd
               ,
               not
               to
               alienate
               ,
               but
               preserve
               and
               improve
               other
               Mens
               Inheritances
               .
               
                 No
                 Owners
              
               deliver
               their
               Ship
               and
               Goods
               into
               any
               Man's
               Hands
               to
               give
               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
               for
               whom
               the
               Trusts
               are
               ,
               as
               is
               altogether
               indissolvable
               by
               the
               Trustees
               :
               The
               Trust
               is
               the
               Liberty
               and
               Property
               of
               the
               People
               ;
               the
               Limitation
               is
               ,
               that
               it
               should
               not
               be
               invaded
               ,
               but
               inviolably
               preserved
               according
               to
               the
               Law
               of
               the
               Land.
               
            
             
               3.
               
               If
               
                 Salus
                 Populi
              
               be
               
                 suprema
                 lex
              
               ;
               the
               Safety
               of
               the
               People
               the
               highest
               Law
               ,
               as
               say
               several
               of
               our
               ancient
               famous
               Lawyers
               and
               Law-Books
               ;
               then
               since
               the
               aforesaid
               Rights
               are
               as
               the
               Sinnews
               of
               this
               free
               
                 Body
                 politique
              
               ,
               or
               that
               soveraign
               Cordial
               without
               which
               this
               free
               People
               must
               needs
               
               consume
               and
               pine
               away
               into
               utter
               Bondage
               ;
               it
               follows
               ,
               they
               are
               the
               highest
               Law
               ,
               and
               therefore
               ought
               to
               be
               a
               Rule
               and
               Limit
               to
               all
               subsequent
               Legislation
               .
            
             
               4.
               
               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
               ,
               and
               the
               Creature
               subsists
               by
               the
               Power
               of
               its
               Creator
               .
               Every
               Representative
               in
               the
               World
               ,
               is
               as
               the
               
                 Creature
                 of
                 the
                 People
              
               ;
               for
               the
               People
               make
               them
               ,
               and
               to
               them
               they
               owe
               their
               Being
               :
               Here
               is
               no
               Transessentiating
               or
               Transubstantiating
               of
               Being
               from
               People
               to
               Representative
               ,
               no
               more
               then
               there
               is
               an
               absolute
               transferring
               of
               a
               Title
               in
               a
               
                 Letter
                 of
                 Atorney
              
               ;
               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
              
               ,
               nor
               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
               know
               of
               any
               Man
               ,
               how
               the
               Branches
               can
               cut
               up
               the
               Root
               of
               the
               Tree
               that
               bears
               them
               ?
               How
               any
               Representative
               that
               is
               not
               only
               a
               meer
               
                 Trust
                 to
                 preserve
                 Fundamentals
              
               ,
               the
               Peoples
               Inheritance
               ;
               but
               ,
               that
               is
               a
               Representative
               ,
               that
               
                 makes
                 Laws
              
               ,
               by
               Virtue
               of
               this
               Fundamental
               Law
               ,
               
                 that
                 the
                 People
                 hath
                 a
                 Power
                 in
                 Legislation
              
               (
               the
               2d
               Principle
               prov'd
               by
               me
               )
               can
               have
               Power
               to
               remove
               or
               destroy
               that
               Fundamental
               ?
               The
               Fundamental
               makes
               the
               People
               free
               ,
               this
               
                 free
                 People
              
               make
               a
               Representative
               ;
               Can
               this
               Creature
               unqualifie
               its
               Creator
               ?
               What
               Spring
               ever
               rose
               higher
               then
               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
               that
               gives
               to
               the
               People
               a
               Power
               of
               Legislation
               ,
               be
               not
               annullable
               by
               that
               Representative
               ,
               because
               it
               makes
               it
               what
               it
               is
               ;
               much
               less
               can
               that
               Representative
               disseize
               Men
               of
               their
               Liberty
               and
               Property
               ,
               the
               first
               Great
               Fundamental
               ,
               
               that
               is
               the
               Parent
               of
               this
               other
               ,
               which
               intitles
               to
               a
               Share
               in
               
                 making
                 Laws
              
               for
               the
               Preservation
               of
               the
               first
               inviolably
               .
               Nor
               is
               the
               third
               other
               then
               the
               necessary
               Production
               of
               the
               two
               first
               ,
               to
               intercept
               
                 Arbitrary
                 Designs
              
               ,
               and
               make
               
                 Power
                 legal
              
               ;
               for
               where
               the
               People
               have
               not
               a
               
                 Share
                 in
                 Judgment
              
               ,
               that
               is
               ,
               in
               the
               Application
               ,
               as
               well
               as
               making
               of
               the
               Law
               ;
               the
               other
               two
               are
               imperfect
               ,
               open
               to
               daily
               Invasion
               ,
               should
               it
               be
               our
               Infelicity
               to
               have
               a
               violent
               Prince
               :
               for
               as
               Property
               is
               every
               day
               expos'd
               ,
               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
               the
               Application
               of
               the
               Law
               ,
               but
               the
               Creatures
               of
               another
               Part
               of
               the
               Government
               ,
               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
               
                 Princes
                 Interest
              
               ;
               for
               still
               the
               People
               are
               concern'd
               in
               the
               Inconveniencies
               with
               him
               ,
               and
               he
               is
               freed
               from
               the
               Temptation
               of
               doing
               arbitrary
               Things
               ,
               and
               their
               Importunities
               ,
               that
               might
               else
               have
               some
               Pretence
               for
               such
               Adresses
               ,
               as
               well
               as
               from
               the
               Mischiefs
               that
               might
               
               ensue
               such
               Actions
               .
               It
               might
               be
               enough
               to
               say
               ,
               that
               here
               are
               
                 above
                 50
                 Statutes
              
               now
               in
               Print
               ,
               beside
               its
               venerable
               Antiquity
               ,
               that
               warrant
               and
               confirm
               this
               
                 Legale
                 judicium
                 parium
                 suorum
              
               ,
               or
               the
               Tryal
               of
               English
               Men
               
                 by
                 their
                 Equals
              
               .
            
             
               But
               I
               shall
               hint
               at
               a
               few
               Instances
               :
               The
               first
               is
               ,
               
                 The
                 Earl
                 of
              
               Lancaster
               in
               the
               14th
               of
               Edw.
               2.
               adjudged
               to
               dye
               without
               Lawful
               Tryal
               of
               his
               Peers
               ,
               and
               afterwards
               
                 Henry
                 Earl
                 of
              
               Lancaster
               his
               Brother
               ,
               was
               restored
               :
               the
               Reasons
               given
               were
               two
               ;
               1.
               
               Because
               the
               said
               Thomas
               was
               
                 not
                 arraign'd
                 and
                 put
                 to
                 Answer
              
               ;
               2.
               
               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.
               
               And
               in
               Sr.
               John
               Alce's
               Case
               ,
               4
               Edw.
               3.
               n.
               2.
               
               Such
               was
               the
               Destruction
               committed
               on
               the
               
                 ●d
                 .
                 Hastings
              
               in
               the
               Tower
               of
               London
               by
               Richard
               the
               3d.
               But
               above
               all
               ,
               that
               Attainder
               of
               
                 Thomas
                 Cromwel
                 ,
                 Earl
                 of
              
               Essex
               ,
               who
               was
               attainted
               of
               high
               Treason
               ,
               as
               appears
               
                 Rot.
                 Parl
                 ,
                 32.
                 
                 Hen.
              
               8.
               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
                 .
              
               'T
               is
               true
               ,
               there
               was
               a
               Statute
               obtained
               in
               the
               11th
               of
               Henry
               the
               7th
               ,
               in
               Defiance
               of
               the
               
                 Great
                 Charter
              
               ,
               which
               authoriz'd
               several
               Exactions
               contrary
               to
               the
               free
               Customs
               of
               this
               Realm
               ;
               particularly
               in
               the
               Case
               of
               Juries
               ,
               both
               sessing
               and
               punishing
               by
               Justices
               of
               Assize
               and
               of
               the
               Peace
               ,
               without
               the
               fining
               and
               Presentment
               of
               12
               
                 Free-men
                 ;
                 Empson
              
               and
               Dudley
               were
               the
               great
               Actors
               of
               those
               Oppressions
               ,
               but
               they
               were
               hang'd
               for
               their
               Pains
               ,
               and
               that
               illegal
               Statute
               repealed
               in
               the
               1st
               of
               Henry
               the
               8th
               c.
               6.
               
               The
               Consequence
               is
               plain
               ;
               That
               Fundamentals
               give
               Rule
               to
               Acts
               of
               Parliament
               ,
               else
               why
               was
               the
               Statute
               of
               the
               
                 8th
                 Edw.
              
               4.
               c.
               2.
               of
               Liveries
               and
               Information
               by
               the
               Discretion
               of
               the
               Judges
               to
               stand
               as
               an
               Original
               ;
               and
               this
               of
               the
               11th
               of
               Henry
               the
               7th
               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
               Tryal
               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
               generally
               esteem'd
               a
               great
               
                 Oracle
                 of
                 Law
              
               ,
               I
               shall
               in
               its
               proper
               Place
               present
               you
               with
               his
               Judgment
               upon
               the
               whole
               Matter
               .
            
             
               5.
               
               These
               Fundamentals
               are
               unalterable
               by
               a
               Representative
               ,
               which
               were
               the
               Result
               and
               Agreement
               of
               
                 English
                 Free-men
              
               individually
               ,
               the
               ancienter
               Times
               not
               being
               acquainted
               with
               Representatives
               ;
               for
               then
               the
               Free-men
               met
               in
               their
               own
               Persons
               :
               In
               all
               the
               Saxons
               Story
               we
               find
               no
               Mention
               of
               any
               such
               Thing
               ;
               for
               it
               was
               the
               
                 King
                 ,
                 Lords
                 and
                 Free-men
                 ,
                 the
                 Elders
                 and
                 People
              
               ;
               and
               at
               the
               Counsel
               of
               Winton
               ,
               in
               855.
               is
               reported
               to
               have
               been
               present
               
                 the
                 Great
                 Men
                 of
                 the
                 Kingdom
                 ,
                 and
                 an
              
               INFINIT
               MULTITUDE
               
               
                 of
                 other
                 faithful
                 People
              
               .
               Also
               that
               of
               King
               Ina
               ,
               the
               
                 common
                 Council
                 of
                 the
                 Elders
                 &
              
               PEOPLE
               
                 of
                 the
              
               WHOLE
               Kingdom
               .
               It
               is
               not
               to
               be
               doubted
               but
               this
               continued
               after
               the
               Norman
               Times
               ;
               and
               that
               at
               
                 Running
                 Mead
              
               by
               Sta●●s
               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
               human
               ,
               with
               respect
               to
               Villains
               and
               Retainers
               ,
               and
               the
               
                 Number
                 of
                 Free-men
              
               encreased
               ,
               there
               was
               a
               Necessity
               for
               a
               Representative
               ,
               especially
               ,
               since
               Fundamentals
               were
               long
               ago
               agreed
               upon
               ,
               and
               those
               
                 Capital
                 Priviledges
              
               put
               out
               of
               the
               Reach
               and
               Power
               of
               any
               litle
               Number
               of
               Men
               to
               endanger
               :
               And
               so
               careful
               were
               their
               Representatives
               in
               the
               time
               of
               Edward
               the
               Third
               ,
               of
               
               suffering
               their
               Liberties
               and
               
                 free
                 Customs
              
               to
               be
               infring'd
               ,
               that
               
                 in
                 Matters
                 of
                 extraordinary
                 Weight
                 they
                 would
                 not
                 determin
                 ,
                 till
                 they
                 had
                 first
                 return'd
                 and
                 conferr'd
                 with
                 their
                 several
                 Counties
                 or
                 Burroughs
                 that
                 delegated
                 them
                 .
              
            
          
           
             
               Several
               Authorities
               in
               Confirmation
               of
               the
               Reasons
               .
            
             
               So
               indubitably
               are
               these
               Fundamentals
               the
               
                 Peoples
                 Right
              
               ,
               and
               so
               necessary
               to
               be
               preserved
               ,
               that
               Kings
               have
               successively
               known
               no
               other
               safe
               or
               legal
               
                 Passage
                 to
                 their
                 Crown
                 &
                 Dignity
                 ,
              
               then
               their
               solemn
               Obligation
               inviolably
               to
               maintain
               
               them
               .
               So
               sacred
               were
               they
               reputed
               in
               the
               Dayes
               of
               Henry
               the
               3d
               ,
               that
               not
               to
               continue
               or
               confirm
               them
               ,
               were
               
               
                 to
                 affront
              
               God
               ,
               
                 and
                 damn
                 the
              
               Souls
               
                 of
                 his
                 Progenitors
                 and
                 Successors
                 ;
                 to
                 Depress
                 the
                 Church
                 ,
                 and
                 Deprave
                 the
              
               
               Realm
               :
               That
               
                 the
                 Great
                 Charter
                 comprehensive
                 of
                 them
                 should
                 be
                 allow'd
                 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
               reverence
               it
               ,
               and
               so
               care
               
               ful
               were
               they
               to
               preserve
               it
               ,
               that
               they
               both
               confirm'd
               it
               by
               32.
               several
               Acts
               ,
               and
               enacted
               Copies
               
                 to
                 be
                 taken
                 and
                 lodg'd
                 in
                 each
                 Cathedral
                 of
                 the
                 Realm
                 ,
                 to
                 be
                 read
                 four
                 times
                 a
                 Year
                 publickly
                 before
                 the
                 People
              
               ;
               as
               if
               they
               would
               have
               them
               more
               oblig'd
               to
               their
               Ancestors
               for
               redeeming
               and
               transmitting
               those
               Priviledges
               ,
               then
               for
               begetting
               them
               :
               And
               that
               
                 Twice
                 every
                 Year
                 the
              
               Bishops
               ,
               
                 apparel'd
                 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
               saith
               the
               Statute
               .
               I
               shall
               for
               further
               Satisfaction
               repeat
               the
               Excommunication
               or
               Curse
               pronounced
               both
               in
               the
               Dayes
               of
               Henry
               the
               Third
               ,
               and
               Edward
               the
               First
               .
            
          
           
             
               The
               Sentence
               of
               the
               Curse
               given
               by
               the
               Bishops
               ,
               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
                 ;
                 Humphry
              
               ,
               Earl
               of
               
                 Hereford
                 ;
                 Henry
              
               ,
               Earl
               of
               
                 Oxford
                 ;
                 John
              
               ,
               Earl
               Warren
               ;
               and
               other
               Estates
               of
               the
               Realm
               of
               England
               ;
               We
               Boniface
               ,
               by
               the
               Mercy
               of
               God
               ,
               Arch-Bishop
               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
               
                 Excester
                 ,
                 M.
              
               of
               
                 Carlile
                 ,
                 W.
              
               of
               
                 Bath
                 ,
                 E.
              
               of
               
                 Rochester
                 ,
                 T.
              
               of
               St.
               Davids
               ,
               Bishop
               ,
               apparell'd
               in
               Pontificials
               ,
               with
               Tapers
               burning
               ,
               against
               the
               Breakers
               of
               the
               Churches
               Liberties
               ,
               and
               of
               the
               Liberties
               and
               other
               Customes
               of
               this
               Realm
               of
               England
               ,
               and
               namely
               these
               which
               are
               contained
               in
               the
               Charter
               of
               the
               Common
               Liberties
               of
               England
               ,
               and
               Charter
               of
               the
               Forrest
               ,
               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
               Apostle
               Peter
               and
               Paul
               ,
               and
               of
               all
               Apostles
               ,
               and
               of
               all
               Martyrs
               ,
               of
               blessed
               Edw.
               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
               Churches
               Liberties
               ,
               and
               free
               Customs
               contained
               in
               the
               Charters
               of
               the
               Common
               Liberties
               ,
               &
               of
               the
               Forrest
               ,
               granted
               by
               our
               Lord
               the
               King
               ,
               to
               Arch-Bishops
               ,
               Bishops
               ,
               and
               other
               Prelates
               of
               England
               ,
               and
               likewise
               to
               the
               Earls
               ,
               Barons
               ,
               Knights
               and
               other
               Free-holders
               of
               the
               Realm
               ;
               and
               all
               that
               secretly
               and
               openly
               ,
               by
               Deed
               ,
               Word
               or
               Counsel
               do
               make
               Statutes
               ,
               or
               observe
               them
               being
               made
               ,
               and
               that
               bring
               in
               Customs
               ,
               to
               keep
               them
               ,
               when
               they
               be
               brought
               in
               ,
               against
               the
               said
               Liberties
               ,
               or
               any
               of
               them
               ,
               &
               all
               those
               that
               shall
               presume
               to
               judge
               against
               them
               ;
               and
               all
               and
               every
               such
               Person
               before-mention'd
               ,
               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
               above-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-xwriten
               ,
               Robert
               Arch-Bishop
               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
               ,
               Testifie
               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
               Arch-Bishop
               ,
               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
               Time
               of
               Popery
               they
               were
               not
               left
               without
               a
               Sence
               of
               Justice
               ;
               and
               the
               Papists
               ,
               whom
               many
               think
               no
               Friends
               to
               Liberty
               and
               Property
               ,
               under
               dreadful
               Penalties
               injoyn
               an
               inviolable
               Observance
               of
               this
               great
               Charter
               ,
               by
               which
               they
               are
               confirm'd
               .
               And
               though
               I
               am
               no
               
                 Roman
                 Catholick
              
               ,
               and
               as
               little
               value
               their
               other
               Curses
               pronounc'd
               upon
               Religious
               Dissents
               ,
               yet
               I
               declare
               ingenuously
               ,
               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
               :
               And
               that
               any
               Church
               or
               
                 Church
                 Officers
              
               in
               our
               Age
               ,
               should
               have
               so
               little
               Reverence
               to
               
                 Law
                 ,
                 Excommunication
                 or
                 Curse
              
               ,
               as
               to
               be
               the
               Men
               that
               either
               vote
               or
               countenance
               such
               Severities
               ,
               as
               bid
               Defiance
               to
               the
               Curse
               ,
               and
               rend
               this
               memorable
               Charter
               in
               pieces
               ,
               by
               disseizing
               Free-men
               of
               England
               of
               their
               
                 Freeholds
                 ,
                 Lib●●ties
              
               &
               Properties
               ,
               meerly
               for
               the
               Inoffensive
               Exercise
               of
               their
               Co●science
               to
               God
               in
               Matters
               of
               Worship
               ,
               is
               a
               Civil
               sort
               of
               Sacriledge
               .
            
             
               I
               know
               it
               is
               usually
               objected
               ,
               That
               
                 a
                 great
                 Part
                 of
                 the
              
               Charter
               
                 is
                 spent
                 on
                 the
                 Behalf
                 of
                 the
              
               Roman
               
                 Church
                 ,
                 and
                 other
                 Things
                 now
                 abolisht
                 ;
                 and
                 if
                 one
                 Part
                 of
                 the
                 great
                 Charter
                 may
                 be
                 repeal'd
                 or
                 invalidated
                 ,
                 why
                 not
                 the
                 other
                 ?
              
            
             
               To
               which
               I
               answer
               ;
               This
               renders
               nothing
               that
               is
               Fundamental
               in
               the
               Charter
               the
               less
               valuable
               ;
               for
               they
               do
               not
               stand
               upon
               the
               Legs
               of
               
                 that
                 Act
              
               ,
               though
               it
               was
               made
               in
               Honour
               of
               them
               ,
               but
               the
               
                 Ancient
                 and
                 primitive
                 Institution
                 of
                 the
                 Kingdom
                 .
              
               If
               the
               Petition
               
               of
               Right
               were
               repeal'd
               ,
               the
               
                 great
                 Charter
              
               were
               never
               the
               less
               in
               Force
               ,
               it
               being
               not
               the
               Original
               Establishment
               ,
               but
               a
               
                 Declaration
                 and
                 Confirmation
              
               of
               that
               Establishment
               .
               But
               those
               Things
               that
               are
               abrogable
               or
               abrogated
               in
               the
               
                 great
                 Charter
              
               ,
               were
               never
               a
               Part
               of
               Fundamentals
               ,
               but
               hedg'd
               in
               then
               for
               present
               Emergency
               or
               Conveniency
               .
               Besides
               ,
               that
               which
               I
               have
               hitherto
               maintained
               to
               be
               the
               Common
               and
               Fundamental
               Law
               of
               the
               Land
               ,
               is
               so
               reputed
               ,
               and
               further
               ratified
               by
               the
               
                 Petition
                 of
                 Right
                 ,
                 3
                 Car.
              
               1.
               which
               was
               long
               since
               the
               Church
               of
               Rome
               lost
               her
               Share
               in
               the
               
                 Great
                 Charter
              
               .
               Nor
               did
               it
               relate
               to
               Matters
               of
               Faith
               and
               Worship
               ,
               but-Temporalities
               only
               ;
               the
               Civil
               Interest
               or
               Propriety
               of
               the
               Church
               But
               with
               what
               Pretence
               to
               Mercy
               or
               Justice
               ,
               can
               the
               
                 Protestant
                 Church
              
               null
               the
               Romish
               ,
               that
               she
               may
               retain
               the
               
                 English
                 Part
              
               without
               conforming
               to
               Rome
               ,
               and
               yet
               now
               cancel
               the
               
                 English
                 Part
              
               it self
               to
               every
               free-born
               English
               Man
               that
               will
               not
               conform
               to
               Her
               ?
               But
               no
               more
               of
               this
               at
               this
               Time
               ;
               only
               give
               me
               leave
               to
               remind
               a
               Sort
               of
               active
               Men
               in
               our
               Times
               ,
               that
               the
               cruel
               Infringers
               of
               the
               Peoples
               Liberties
               ,
               and
               Violaters
               of
               these
               Noble
               Laws
               ,
               did
               not
               escape
               with
               bare
               Excommunications
               and
               Gurses
               ;
               for
               such
               was
               the
               venerable
               Esteem
               our
               Ancestors
               had
               for
               these
               great
               Priviledges
               ,
               and
               deep
               Sollicitude
               to
               preserve
               them
               from
               the
               Defacings
               of
               Time
               ,
               or
               Usurpation
               of
               Power
               ,
               that
               King
               Alfred
               executed
               40
               Judges
               for
               warping
               from
               the
               ancient
               Laws
               of
               the
               Realm
               .
               
                 Hubert
                 de
                 Burgo
              
               ,
               Chief
               Justice
               of
               England
               in
               the
               Time
               of
               Edw.
               1.
               was
               sentenced
               by
               his
               Peers
               in
               open
               Parliament
               for
               advising
               the
               King
               against
               the
               
                 Great
                 Charter
              
               .
               Thus
               Spencers
               ,
               both
               Father
               and
               Son
               for
               their
               
                 Arbitrary
                 Rule
              
               and
               
                 Evil
                 Counsel
              
               to
               Edw.
               2.
               were
               exiled
               the
               Realm
               .
               No
               better
               Success
               had
               the
               Actions
               of
               Tresilian
               &
               Belknap
               :
               And
               as
               for
               Empson
               and
               Dudley
               ,
               though
               Persons
               of
               some
               Quality
               in
               the
               Time
               of
               King
               Henry
               the
               7th
               ,
               the
               most
               ignominious
               Death
               of
               our
               Country
               ,
               such
               as
               belongs
               to
               Theft
               and
               Murder
               ,
               was
               scarce
               Satisfaction
               enough
               to
               the
               Kingdom
               for
               their
               Illegal
               Courses
               .
               I
               shall
               chuse
               to
               deliver
               it
               in
               the
               Words
               of
               Chief
               Justice
               Cook
               ,
               a
               Man
               ,
               whose
               Learning
               in
               Law
               hath
               not
               without
               Reason
               obtained
               a
               venerable
               Character
               of
               our
               English
               Nation
               .
            
             
               
                 There
                 was
                 (
                 saith
                 he
                 )
                 an
                 Act
                 of
                 Parliament
                 ,
                 made
                 in
                 the
                 11th
                 Year
                 of
                 King
                 Hen.
                 7.
                 which
                 had
                 a
                 fair
                 flattering
                 Preamble
                 ,
                 pretending
                 to
                 avoid
                 divers
                 Mischiefs
                 ,
                 which
                 were
                 
                   (
                   1st
                   )
                   To
                   the
                   high
                   Dispicasurs
                   of
                   
                   Almighty
                   God.
                   (
                   2dly
                   )
                   The
                   great
                   Let
                   of
                   the
                   Common
                   Law.
                
                 And
                 
                   (
                   3dly
                   )
                   The
                   great
                   Let
                   of
                   the
                   Wealth
                   of
                   this
                   Land.
                
                 And
                 the
                 Purven
                 of
                 that
                 Act
                 ,
                 tended
                 in
                 the
                 Execution
                 contrary
                 ,
                 EX
                 DIAMETRO
                 ,
                 
                   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
                 thenceforth
                 ,
                 as
                 well
                 Justices
                 of
                 Assizs
                 ,
                 as
                 Justices
                 of
                 the
                 Peace
                 ,
                 in
                 every
                 County
                 ,
                 upon
                 Information
                 for
                 the
                 King
                 ,
              
               before
               them
               made
               ,
               without
               any
               Finding
               or
               Presentment
               by
               Twelve
               Men
               ,
               
                 shall
                 have
                 full
                 Power
                 and
                 Authority
                 ,
                 by
                 their
                 Discretion
                 ;
                 and
                 to
                 hear
                 and
                 determine
                 all
                 Offences
                 ,
                 as
                 Riots
                 ,
                 unlawful
                 Assemblies
                 ,
                 &c.
                 committed
                 and
                 done
                 against
                 any
                 Act
                 or
                 Statute
                 made
                 ,
                 and
                 not
                 repeal'd
                 ,
                 &c.
                 
              
            
             
               
                 By
                 Pretext
                 of
                 this
                 Law
                 ,
                 Empson
                 and
                 Dudley
                 did
                 commit
                 upon
                 the
                 Subjects
                 insufferable
                 Pressure
                 and
                 Oppressions
                 ;
                 and
                 therefore
                 this
                 Statute
                 
                   was
                   justly
                   ,
                   soon
                   after
                   the
                   Decease
                   of
                
                 Hen.
                 7.
                 repealed
                 at
                 the
                 next
                 Parliament
                 ,
                 by
                 the
                 Statute
                 of
                 1
                 Hen.
                 the
                 8.
                 chap.
                 6.
                 
              
               
                 
                   A
                   good
                
                 Caveat
                 
                   to
                   Parliaments
                   to
                   leave
                   all
                   Causes
                   to
                   be
                   measur'd
                   by
                   the
                   Golden
                   and
                   strait
                   Metwand
                   of
                   the
                   Law
                   ,
                
                 and
                 not
                 to
                 the
                 incertain
                 and
                 crooked
                 Cord
                 of
                 Discretion
                 .
              
               
                 It
                 is
                 almost
                 incredible
                 to
                 foresee
                 ,
                 when
                 any
                 Maxim
                 ,
                 or
                 
                   Fundamental
                   Law
                   of
                   this
                   Realm
                   is
                   altered
                
                 (
                 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.
                 7.
                 
                 For
                 hereby
                 not
                 only
                 Empson
                 and
                 Dudley
                 themselves
                 ,
                 but
                 such
                 Justices
                 of
                 Peace
                 (
                 corrupt
                 Men
                 )
                 as
                 they
                 caused
                 to
                 be
                 authorised
                 ,
                 committed
                 most
                 grievous
                 and
                 heavy
                 Oppressions
                 &
                 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
                 Tryal
                 by
                 Jery
                 ,
                 being
                 the
                 ANCIENT
                 BIRTH
                 RIGHT
                 of
                 the
                 Subject
                 ;
                 but
                 to
                 hear
                 and
                 determine
                 the
                 same
                 ,
                 by
                 their
                 Discretions
                 ,
                 inflicting
                 such
                 Penalty
                 as
                 the
                 Statute
                 not
                 repealed
                 ,
                 imposed
                 .
                 These
                 ,
                 and
                 other
                 like
                 
                 Oppressions
                 and
                 Exactions
                 by
                 the
                 Means
                 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
                 observ'd
                 .
              
               
                 This
                 Statute
                 of
                 the
                 11th
                 of
                 Hen.
                 7.
                 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
                   v●●●igiis
                   insistant
                   ,
                   exitus
                   perhorrescant
                   .
                
              
            
             
               I
               am
               sure
               ,
               there
               is
               nothing
               I
               have
               offer'd
               in
               Defence
               of
               
               English-Law
               .
               Doctrine
               ,
               that
               riseth
               higher
               then
               the
               Judgment
               and
               Language
               of
               this
               great
               Man
               ,
               the
               Preservation
               and
               Publication
               of
               whose
               Endeavours
               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
              
               (
               saith
               he
               )
               
                 to
                 speak
                 impartially
                 and
                 freely
                 ,
                 the
                 Results
                 of
                 any
              
               Parliament
               
                 that
                 ever
                 sate
                 in
                 this
                 Land.
                 
              
            
             
               Thus
               much
               of
               the
               Nature
               of
               English
               Rights
               ,
               and
               the
               Reason
               and
               Justice
               of
               their
               inviolable
               Maintenance
               .
               I
               shall
               now
               offer
               some
               more
               general
               Considerations
               for
               the
               Preservation
               of
               Property
               ,
               and
               hint
               at
               some
               of
               those
               Mischiefs
               that
               follow
               spoiling
               it
               for
               Conscience
               sake
               ,
               both
               to
               Prince
               and
               People
               .
            
             
               1.
               
               The
               Reason
               of
               the
               alteration
               of
               any
               Law
               ,
               ought
               to
               be
               the
               Discommodity
               of
               Continuing
               it
               ;
               but
               there
               can
               never
               be
               so
               much
               as
               the
               least
               Inconveniency
               in
               continuing
               of
               Liberty
               and
               Property
               ;
               therefore
               there
               can
               be
               no
               just
               Ground
               for
               infringing
               ,
               much
               less
               abrogating
               the
               Law
               that
               gives
               and
               secures
               them
               .
            
             
               2.
               
               No
               Man
               in
               these
               Parts
               is
               born
               Slave
               to
               another
               ;
               neither
               hath
               one
               Right
               to
               inherit
               the
               Sweat
               of
               the
               others
               Brow
               ,
               or
               reap
               the
               Benefit
               of
               the
               others
               Labour
               ,
               but
               by
               Consent
               ;
               therefore
               no
               Man
               should
               be
               deprived
               of
               Property
               ,
               unless
               he
               injure
               another
               Man's
               .
            
             
               3.
               
               But
               certainly
               ,
               nothing
               is
               more
               unreasonable
               then
               to
               
                 sacrifice
                 the
                 Liberty
              
               and
               Property
               of
               any
               Man
               (
               being
               his
               Natural
               and
               
                 Civil
                 Rights
              
               )
               for
               Religion
               ,
               where
               he
               is
               not
               found
               breaking
               any
               Law
               relating
               to
               Natural
               &
               Civil
               Things
               .
               Religion
               ,
               under
               any
               Modification
               is
               
               no
               Part
               of
               the
               old
               
                 English
                 Government
                 ;
                 Honeste
                 vivere
                 ,
                 alterum
                 non
                 ladere
                 ,
                 jus
                 suum
                 cuique
                 tribeure
                 ,
              
               are
               enough
               to
               entitle
               every
               Native
               to
               English
               Priviledges
               :
               A
               Man
               may
               be
               a
               very
               good
               English
               Man
               ,
               and
               yet
               a
               very
               indifferent
               Church-man
               .
               Nigh
               300
               Years
               before
               Austine
               set
               his
               Foot
               on
               English
               Ground
               ,
               had
               the
               Inhabitants
               of
               this
               Island
               a
               free
               Government
               .
               It
               is
               Want
               of
               distinguishing
               between
               It
               and
               the
               Modes
               of
               Religion
               ,
               which
               fills
               every
               Clamorous
               Mouth
               with
               such
               impertinent
               Cryes
               as
               this
               ;
               
                 Why
                 do
                 not
                 you
                 submit
                 to
                 the
                 Government
                 ?
              
               as
               if
               the
               English
               Civil
               Government
               came
               in
               with
               Luther
               ,
               or
               were
               to
               go
               out
               with
               Calvin
               :
               What
               Prejudice
               is
               it
               for
               a
               
                 Popish
                 Landlord
              
               to
               have
               a
               
                 Protestant
                 Tennant
              
               ;
               or
               a
               
                 Presbyterian
                 Tennant
              
               to
               have
               a
               
                 Protestant
                 Landlord
              
               ?
               Certainly
               ,
               the
               
                 Civil
                 Affairs
              
               of
               all
               Governments
               in
               the
               World
               may
               be
               peaceably
               transacted
               under
               the
               different
               
                 Trims
                 of
                 Religion
              
               ,
               where
               
                 Civil
                 Rights
              
               are
               inviolably
               observ'd
               .
               Nor
               is
               there
               any
               Interest
               so
               inconsistent
               with
               Peace
               and
               Unity
               ,
               as
               that
               which
               dare
               not
               solely
               rely
               upon
               the
               Power
               of
               Perswasion
               ,
               but
               affects
               Superiority
               ,
               and
               impatiently
               seeks
               after
               an
               Earthly
               Crown
               :
               This
               is
               not
               to
               act
               the
               Christian
               ,
               but
               the
               Caesar
               ;
               not
               to
               promote
               Property
               ,
               but
               Party
               ,
               and
               make
               a
               Nation
               Drudges
               to
               a
               Sect.
               Be
               it
               known
               to
               such
               Narrow
               Spirits
               ,
               we
               are
               a
               
                 Free
                 People
              
               by
               the
               Creation
               of
               God
               ,
               the
               Redemption
               of
               Christ
               and
               careful
               Provision
               of
               our
               (
               never
               to
               be
               forgotten
               )
               honourable
               Ancestors
               :
               So
               that
               our
               Claim
               to
               these
               
                 English
                 Priviledges
              
               rising
               higher
               then
               the
               Date
               of
               Protestancy
               ,
               can
               never
               justly
               be
               invalidated
               for
               any
               Non-conformity
               to
               it
               .
               This
               were
               to
               loose
               by
               the
               Reformation
               ,
               which
               God
               forbid
               ;
               I
               am
               sure
               '
               twas-to
               
                 enjoy
                 Property
              
               with
               Conscience
               that
               promoted
               it
               :
               Nor
               is
               there
               any
               better
               Definition
               of
               Protestancy
               ,
               then
               
                 protesting
                 against
                 Spoiling
              
               Property
               
                 for
                 Conscience
              
               .
               I
               must
               therefore
               take
               Leave
               to
               say
               ,
               that
               I
               know
               not
               how
               to
               reconcile
               what
               a
               Great
               Man
               lately
               deliver'd
               in
               his
               Eloquent
               Harangue
               to
               the
               
                 House
                 of
                 Lords
              
               :
               His
               Words
               are
               these
               ,
            
             
               
                 For
                 when
                 we
                 consider
                 Religion
                 in
                 Parliament
                 ,
                 we
                 are
                 supposed
                 to
                 consider
                 it
                 as
                 a
                 Parliament
                 should
                 do
                 ,
                 and
                 as
                 Parliaments
                 in
                 all
                 Ages
                 have
                 done
                 ,
                 that
                 is
                 ,
                 as
                 it
                 is
                 a
                 Part
                 of
                 our
                 Laws
                 ,
                 a
                 Part
                 ,
                 and
                 a
                 necessary
                 Part
                 of
                 our
                 Government
                 :
                 For
                 as
                 it
                 works
                 upon
                 the
                 Conscience
                 ,
                 as
                 it
                 is
                 an
                 INWARD
                 PRINCIPLE
                 of
                 the
                 DIVINE
                 LIFE
                 ,
                 by
                 which
                 good
                 Men
                 do
                 govern
                 all
                 their
                 Actions
                 ,
                 
                 the
                 State
                 hath
                 nothing
                 to
                 do
                 with
                 it
                 ,
                 it
                 is
                 a
                 Thing
                 which
                 belongs
                 to
                 another
                 kind
                 of
                 Commission
                 ,
                 then
                 that
                 by
                 which
                 we
                 sit
                 here
                 .
              
            
             
               I
               acquiesce
               in
               the
               latter
               Part
               of
               this
               Distinction
               ,
               taking
               it
               to
               be
               a
               venerable
               Truth
               ,
               and
               would
               to
               God
               Mankind
               would
               believe
               it
               ,
               and
               live
               it
               ;
               but
               how
               to
               agree
               it
               with
               the
               former
               ,
               I
               profess
               Ignorance
               ;
               for
               if
               the
               Government
               hath
               nothing
               to
               do
               with
               the
               Principle
               it self
               ,
               what
               more
               can
               she
               pretend
               over
               the
               Actions
               of
               those
               Men
               that
               live
               that
               
                 good
                 Life
              
               ?
               Certainly
               ,
               if
               Religion
               be
               this
               Principle
               of
               
                 Divine
                 Life
              
               ,
               exerting
               it self
               by
               Holy
               Living
               ,
               and
               that
               as
               such
               ,
               it
               belongs
               not
               to
               the
               Commission
               of
               our
               Superiours
               ,
               I
               do
               with
               Submission
               conceive
               ,
               that
               there
               is
               very
               little
               else
               of
               Religion
               lest
               for
               them
               to
               have
               to
               do
               with
               ;
               the
               rest
               merits
               not
               the
               Name
               of
               Religion
               ,
               and
               less
               doth
               such
               a
               Formality
               deserve
               Persecution
               :
               I
               hope
               such
               Circumstances
               are
               no
               necessary
               Part
               of
               English
               Government
               ,
               that
               can't
               reasonably
               be
               reputed
               a
               necessary
               part
               of
               Religion
               ;
               and
               I
               dare
               believe
               ,
               that
               he
               is
               too
               great
               a
               Lawyer
               ,
               upon
               second
               Thoughts
               ,
               to
               repute
               that
               
                 a
                 Part
                 of
                 our
                 Laws
              
               ,
               a
               
                 Part
                 &
                 a
                 necessary
                 Part
                 of
                 our
                 Government
                 ,
              
               that
               is
               such
               a
               Part
               of
               Religion
               as
               is
               neither
               the
               
                 Divine
                 Principle
              
               ,
               nor
               yet
               the
               
                 Actions
                 immediately
                 flowing
                 from
                 it
              
               ,
               since
               the
               Government
               was
               most
               compleat
               and
               prosperous
               many
               Ages
               without
               it
               ,
               and
               hath
               never
               known
               more
               perplext
               Contests
               and
               troublesom
               Interruptions
               ,
               then
               since
               it
               hath
               been
               receiv'd
               and
               valu'd
               as
               a
               Part
               of
               the
               English
               Government
               ;
               and
               God
               ,
               I
               hope
               ,
               will
               forbid
               it
               in
               the
               Hearts
               of
               our
               Superiours
               ,
               that
               English
               Men
               should
               be
               deprived
               of
               their
               
                 Civil
                 Inheritance
              
               for
               their
               Non-conformity
               to
               Church-Formality
               :
               For
               no
               Property
               out
               of
               the
               Church
               ;
               the
               plain
               English
               of
               publick
               Severity
               ,
               is
               a
               Maxim
               that
               belongs
               not
               to
               the
               holy
               Law
               of
               God
               ,
               nor
               Common
               Law
               of
               the
               Land.
               
            
             
               4.
               
               If
               Liberty
               and
               Property
               must
               be
               the
               
                 Forfeit
                 of
                 Conscience
              
               for
               
                 Non
                 conformity
              
               to
               the
               Princes
               Religion
               ,
               the
               Prince
               and
               his
               Religion
               shall
               only
               be
               lov'd
               as
               the
               next
               best
               Accession
               to
               other
               Mens
               Estates
               ,
               and
               the
               Prince
               perpetually
               provoakt
               to
               expose
               many
               of
               his
               Inoffensive
               People
               to
               Beggary
               .
            
             
               5.
               
               It
               is
               our
               Superiours
               Interest
               ,
               that
               Property
               be
               preserved
               ,
               because
               it
               is
               their
               own
               Case
               :
               None
               have
               more
               Property
               then
               themselves
               ;
               But
               if
               Property
               be
               exposed
               for
               Religion
               ,
               the
               Civil
               Magistrate
               exposes
               both
               his
               Conscience
               and
               his
               Property
               to
               the
               Church
               ,
               and
               disarms
               himself
               of
               all
               Defence
               upon
               any
               Alteration
               of
               Judgment
               .
               
               This
               is
               for
               the
               Prince
               to
               fall
               down
               at
               the
               Prelate's
               F●●t
               ,
               and
               the
               State
               to
               suffer
               it self
               to
               be
               rid
               by
               the
               Church
               .
            
             
               6.
               
               It
               obstructs
               all
               Improvement
               of
               Land
               and
               Trade
               ;
               for
               who
               will
               labour
               that
               hath
               no
               Propriety
               ,
               or
               hath
               it
               exposed
               to
               an
               unreasonable
               Sort
               of
               Men
               for
               the
               bare
               Exercise
               of
               his
               Conscience
               to
               God
               ,
               and
               a
               poor
               Country
               can
               never
               make
               a
               Rich
               and
               Powerful
               Prince
               .
               Heaven
               
                 is
                 therefore
              
               Heaven
               
                 to
                 Good
                 and
                 Wise
                 Men
                 ,
                 because
                 they
                 have
                 an
              
               Eternal
               Propriety
               therein
               .
            
             
               7thly
               ,
               This
               Sort
               of
               Procedure
               hitherto
               oppugn'd
               to
               the
               behalf
               of
               Property
               ,
               puts
               the
               whole
               Nation
               upon
               miserable
               Uncertainties
               that
               are
               follow'd
               with
               great
               Disquiets
               and
               Distractions
               ,
               which
               certainly
               it
               is
               the
               Interest
               of
               all
               Governments
               to
               prevent
               :
               The
               Reigns
               of
               
                 Henry
                 8.
                 
                 Edw.
                 6.
                 
                 Q.
                 Mary
              
               and
               
                 Q.
                 Eliz.
              
               both
               with
               relation
               to
               the
               Marriages
               of
               the
               first
               ,
               and
               the
               
                 Religious
                 Revolutions
              
               of
               the
               rest
               ,
               are
               a
               plain
               Proof
               in
               the
               Case
               .
            
             
               King
               Henry
               voids
               the
               
               Pope's
               Supremacy
               ,
               and
               assumes
               it
               himself
               .
               
                 Q.
                 Mary
              
               his
               Daughter
               by
               his
               first
               Wife
               Katharine
               ,
               repeals
               all
               those
               Acts
               made
               since
               the
               12th
               of
               Henry
               8.
               in
               Disfavour
               of
               the
               Pope
               ;
               Oaths
               taken
               on
               both
               sides
               to
               maintain
               those
               Laws
               .
               Edw.
               6.
               enacts
               Protestancy
               with
               an
               Oath
               to
               maintain
               it
               .
               1
               
                 Q.
                 Mary
              
               ,
               c.
               1.
               
               This
               is
               abrogated
               ;
               Popery
               solemnly
               restored
               ,
               and
               an
               Oath
               inforc'd
               to
               defend
               it
               .
               Comes
               
                 Q.
                 Elizabeth
              
               and
               repeals
               that
               Law
               ,
               calls
               back
               Protestancy
               ,
               ordains
               a
               new
               Oath
               to
               un-Oa●h
               Q.
               Mary's
               Oath
               .
               and
               all
               this
               under
               the
               Penalty
               of
               loosing
               
                 Estate
                 ,
                 Liberty
              
               ,
               and
               sometimes
               Life
               it self
               ;
               which
               Thousands
               to
               avoid
               ,
               lamentably
               perjur'd
               themselves
               four
               or
               five
               times
               over
               within
               the
               space
               of
               20.
               
               Years
               :
               in
               which
               Sin
               the
               Clergy
               transcended
               ,
               not
               an
               Hundred
               for
               every
               Thousand
               but
               left
               their
               Principles
               for
               their
               Par●sh●s
               .
               Thus
               hath
               Conscience
               been
               debaucht
               by
               Force
               ,
               and
               Property
               toss'd
               up
               &
               down
               by
               the
               impetuous
               Blasts
               of
               
                 ignorant
                 Zeal
              
               ,
               or
               
                 sinister
                 Design
              
               .
            
             
               8.
               
               Where
               Liberty
               &
               Property
               are
               violated
               ,
               there
               must
               alwayes
               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
               conscious
               to
               themselves
               of
               not
               having
               done
               an
               ill
               thing
               to
               defend
               their
               
                 unforfeited
                 Priviledges
              
               ,
               they
               cheerfully
               hazard
               all
               they
               have
               in
               this
               World
               ;
               so
               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
               Dominion
               the
               worst
               Sort
               of
               Bondage
               :
               on
               the
               contrary
               ,
               nothing
               can
               give
               greater
               Cheerfulness
               ,
               Confidence
               ,
               Security
               and
               Honour
               to
               any
               Prince
               ,
               then
               ruling
               by
               Law
               ;
               for
               it
               is
               both
               a
               Conjunction
               of
               Title
               with
               Power
               ,
               and
               attracts
               Love
               ,
               as
               well
               as
               it
               requires
               Duty
               .
            
             
               Give
               me
               Leave
               without
               any
               Offence
               ,
               for
               I
               have
               God's
               Evidence
               in
               my
               own
               Conscience
               ,
               I
               intend
               nothing
               but
               a
               respectful
               Caution
               to
               my
               Superiours
               ,
               to
               confirm
               this
               Reason
               with
               the
               Judgment
               and
               Example
               of
               other
               Times
               .
               The
               Governours
               of
               the
               Eleans
               held
               a
               strict
               Hand
               over
               the
               People
               ,
               they
               being
               in
               Despair
               ,
               call'd
               in
               the
               Spartans
               for
               Relief
               ,
               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
               ,
               yet
               whetted
               the
               Despair
               ,
               and
               the
               Prospect
               of
               greater
               Miseries
               ,
               by
               the
               Athenians
               deliver'd
               themselves
               from
               the
               Spartan
               Yoak
               .
            
             
               Nor
               is
               there
               any
               other
               considerable
               Reason
               given
               for
               the
               Ruin
               of
               the
               Carthagenian
               State
               ,
               then
               Avarice
               and
               Severity
               .
               More
               of
               this
               is
               to
               be
               found
               in
               W.
               Raileigh's
               History
               of
               the
               World
               ,
               lib.
               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
                
                 Lion
                 ,
                 
                   for
                   the
                   Oppression
                   done
                   in
                   his
                   Youth
                   ,
                   being
                   pintcht
                   by
                   the
                   Wolf
                   ,
                   goar'd
                   by
                   the
                   Bull
                   ,
                   and
                   kickt
                   also
                   by
                   the
                   Ass
                   .
                
              
            
             
               This
               lost
               
                 Caesar
                 Borgia
              
               ,
               his
               New
               and
               Great
               Conquests
               in
               Italy
               :
               No
               better
               Success
               attended
               the
               severe
               Hand
               held
               over
               the
               People
               of
               Naples
               by
               Alphonso
               and
               Ferdinand
               .
               'T
               was
               the
               undue
               Severity
               of
               the
               Sicilian
               Governours
               ,
               that
               made
               the
               
                 Syracusans
                 ,
                 Leontines
              
               and
               Messenians
               so
               easie
               a
               Conquest
               to
               the
               Romans
               .
               An
               harsh
               Answer
               to
               a
               petitioning
               People
               lost
               Rehoboam
               Ten
               Tribes
               .
               On
               the
               contrary
               ,
               in
               Livy
               ,
               Dec.
               1
               l.
               3.
               we
               find
               that
               Petilia
               ,
               a
               City
               of
               the
               Brutians
               in
               Italy
               ,
               chose
               rather
               to
               endure
               all
               Extremity
               of
               War
               from
               Hannibal
               ,
               then
               upon
               any
               Condition
               to
               desert
               the
               Romans
               ,
               who
               had
               govern'd
               them
               moderately
               ,
               and
               by
               that
               gentle
               Conduct
               procur'd
               their
               Love
               ,
               even
               then
               ,
               when
               the
               Romans
               sent
               them
               Word
               ,
               they
               were
               not
               able
               to
               relieve
               them
               ,
               and
               wisht
               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
               Conquer'd
               Falisci
               ,
               then
               many
               violent
               Acts
               of
               Hostility
               ;
               which
               makes
               good
               that
               Saying
               of
               Seneca
               ,
               
                 Mitius
                 imperanti
                 melius
                 paretur
              
               ,
               They
               are
               best
               obeyed
               ,
               that
               govern
               most
               mildly
               .
            
             
               9.
               
               And
               lastly
               ,
               If
               these
               ancient
               
                 Fundamental
                 Laws
              
               so
               agreeable
               with
               Nature
               ,
               so
               suited
               to
               the
               Disposition
               of
               our
               Nation
               ,
               so
               often
               defended
               with
               
                 Blood
                 and
                 Treasure
              
               ,
               so
               carefully
               and
               frequently
               ratified
               ,
               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
               Legislation
               ,
               no
               Man
               can
               tell
               how
               long
               he
               shall
               be
               
                 secure
                 of
                 his
                 Coat
                 ,
                 enjoy
                 his
                 House
                 ,
                 have
                 Bread
                 to
                 give
                 his
                 Children
                 ,
                 Liberty
                 to
                 work
                 for
                 Bread
                 ,
              
               and
               
                 Life
                 to
                 eat
                 it
              
               :
               Truly
               ,
               this
               is
               to
               justifie
               what
               we
               condemn
               in
               Roman-Catholiks
               .
               It
               is
               one
               of
               our
               main
               Objections
               ,
               that
               
                 their
                 Church
                 assumes
                 a
                 Power
                 of
                 assuring
                 People
                 what
                 is
              
               Religion
               ,
               
                 thereby
                 denying
                 Men
                 the
              
               Liberty
               
                 of
                 walking
                 by
                 the
                 Rules
                 of
                 their
                 own
                 Reason
                 ,
                 or
                 Precepts
                 of
                 Holy
                 Writ
                 .
              
               To
               which
               we
               oppose
               both
               :
               We
               say
               ,
               the
               Church
               is
               tyed
               to
               act
               nothing
               contrary
               to
               Reason
               ;
               and
               that
               
                 Holy
                 Writ
              
               is
               the
               declar'd
               fundamental
               Law
               of
               Heaven
               ,
               to
               maintain
               ,
               and
               not
               to
               usurp
               upon
               which
               ,
               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
               upon
               the
               Fundamental
               
                 Law
                 of
                 the
                 Land
              
               ,
               from
               whence
               they
               derive
               their
               Power
               ,
               to
               prosper
               such
               Attempts
               :
               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
               
                 sluid
                 as
                 the
                 Rivers
                 ,
                 one
                 Thing
                 to
                 Day
                 ,
                 and
                 another
                 to
                 morrow
                 ,
                 any
                 Thing
                 the
              
               Church
               
                 saith
                 or
                 doth
              
               ?
               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
                 controling
                 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
               grand
               Priviledges
               to
               depend
               upon
               Men
               ,
               not
               Laws
               ,
               as
               she
               doth
               upon
               Councils
               ,
               not
               Scripture
               ?
               If
               this
               be
               not
               Popery
               in
               Temporals
               ,
               what
               is
               ?
            
             
             
               It
               is
               humbly
               beseecht
               of
               those
               Superiours
               ,
               that
               it
               would
               please
               them
               to
               consider
               what
               Reflection
               such
               severity
               justly
               brings
               upon
               their
               Proceedings
               ;
               and
               remember
               ,
               that
               in
               their
               ancient
               Delegations
               ,
               it
               was
               not
               to
               define
               ,
               resolve
               and
               
                 impose
                 Matters
              
               of
               Religion
               ,
               and
               
                 sacrifice
                 Civil
                 Priviledges
                 for
                 it
              
               ;
               but
               ,
               to
               maintain
               the
               
                 Peoples
                 Properties
              
               ,
               according
               to
               the
               ancient
               Fundamental
               
                 Laws
                 of
                 the
                 Land
              
               ,
               and
               to
               super-add
               such
               Statutes
               only
               ,
               as
               were
               consistent
               with
               ,
               and
               
                 preservative
                 of
                 those
                 Fundamental
                 Laws
              
               .
            
             
               To
               conclude
               this
               Head
               ;
               My
               plain
               and
               honest
               Drift
               has
               all
               along
               been
               neither
               more
               nor
               less
               then
               this
               ,
               to
               show
               that
               
                 Church
                 Government
              
               is
               no
               real
               Part
               of
               the
               old
               
                 English
                 Government
              
               ;
               and
               to
               disintangle
               Property
               from
               Opinion
               ,
               the
               untoward
               Knot
               the
               Clergy
               for
               several
               Ages
               have
               tyed
               ;
               the
               which
               ,
               it
               is
               not
               only
               the
               Peoples
               Right
               ,
               but
               our
               Superiours
               Interest
               to
               undo
               :
               for
               it
               gauls
               both
               People
               and
               Prince
               .
               For
               ,
               where
               Property
               is
               subjected
               to
               Opinion
               ,
               the
               Church
               interposes
               ,
               and
               makes
               something
               else
               requisite
               to
               enjoy
               Property
               ,
               then
               belongs
               to
               the
               Nature
               of
               Property
               ;
               and
               the
               Reason
               of
               our
               Possession
               is
               not
               our
               Right
               by
               &
               Obedience
               to
               the
               
                 common
                 Law
              
               ,
               but
               Conformity
               to
               Church-Law
               ;
               a
               thing
               dangerous
               to
               Civil
               Government
               ;
               for
               't
               is
               an
               Alteration
               of
               old
               English
               Tenure
               ,
               a
               suffering
               the
               Church
               to
               trip
               up
               &
               supplant
               the
               State
               ,
               &
               a
               making
               People
               to
               owe
               their
               Protection
               not
               to
               the
               Civil
               ,
               but
               Ecclesiastical
               Authority
               .
               :
               For
               let
               the
               Church
               be
               my
               Friend
               ,
               and
               all
               is
               well
               ;
               make
               her
               my
               Foc
               ,
               and
               I
               am
               made
               her
               Prey
               ;
               Let
               
                 Magna
                 Charta
              
               say
               what
               she
               will
               for
               me
               ,
               my
               
                 Horses
                 ,
                 Cows
                 ,
                 Sheep
                 ,
                 Corn
                 ,
                 Goods
              
               go
               first
               ,
               my
               Person
               to
               Goal
               next
               ;
               and
               here
               's
               some
               
                 Church
                 Trophys
              
               made
               at
               the
               Conquest
               of
               a
               peaceable
               Dissenter
               :
               This
               is
               that
               anxious
               Thing
               ;
               May
               our
               Superiours
               please
               to
               weigh
               it
               in
               the
               equal
               Scale
               of
               
                 Doing
                 as
                 they
                 would
                 be
                 done
                 by
                 .
              
               Let
               those
               Common
               Laws
               that
               fix
               and
               preserve
               Property
               be
               the
               Rule
               and
               Standard
               .
               Make
               English
               Men's
               Rights
               as
               inviolable
               as
               
                 English
                 Church
                 Rights
              
               :
               Disintangle
               and
               distinguish
               them
               ;
               And
               let
               not
               Men
               sustain
               Civil
               Punishments
               for
               Ecclesiastical
               Faults
               ,
               but
               for
               Sins
               against
               the
               ancient
               establisht
               Civil
               Government
               only
               ,
               that
               the
               Natures
               of
               Acts
               and
               Rewards
               may
               not
               be
               confounded
               ;
               so
               shall
               the
               
                 Civil
                 Magistrate
              
               preserve
               Law
               ,
               secure
               his
               
                 Civil
                 Dignity
              
               and
               Empire
               ,
               and
               make
               himself
               Belov'd
               of
               English
               Men
               ,
               whose
               Cry
               is
               ,
               and
               the
               Cry
               of
               whose
               Laws
               has
               ever
               been
               ,
               
                 Property
                 more
                 sacred
                 then
                 Opinion
                 ,
                 Civil
                 Right
                 not
                 concerned
                 with
                 Ecclesiastical
                 Discipline
                 ,
                 nor
                 forfeitable
                 for
                 Religious
                 Non-conformity
                 .
              
            
             
             
               But
               though
               an
               inviolable
               Preservation
               of
               
                 English
                 Rights
              
               of
               all
               things
               best
               secureth
               to
               our
               Superiours
               the
               Love
               and
               Allegiance
               of
               the
               People
               ;
               yet
               there
               is
               something
               further
               ,
               that
               with
               Submission
               I
               offer
               to
               their
               serious
               Consideration
               ,
               which
               in
               the
               second
               place
               concerns
               their
               Interest
               ,
               and
               the
               
                 Peoples
                 Felicity
              
               ;
               and
               that
               is
               their
               Discord
               about
               Religion
               ,
               notwithstanding
               their
               unanimous
               Cry
               for
               Property
               ,
               a
               prudent
               Mannagement
               of
               which
               may
               return
               to
               the
               great
               Quiet
               ,
               Honour
               and
               Profit
               of
               the
               Kingdom
               .
            
          
        
         
           
             II.
             Our
             SUPERIOURS
             governing
             themselves
             upon
             a
             BALLANCE
             ,
             as
             near
             as
             may
             be
             ,
             towards
             the
             several
             Religious
             INTERESTS
             .
          
           
             TO
             perform
             my
             part
             in
             this
             Point
             ,
             I
             shall
             not
             at
             this
             time
             make
             it
             my
             Business
             to
             manifest
             the
             Inconsistency
             that
             there
             is
             between
             the
             Christian
             Religion
             ,
             and
             a
             
               forc'd
               Uniformity
            
             ;
             not
             only
             because
             it
             hath
             been
             so
             often
             and
             excellently
             done
             by
             Men
             of
             Wit
             ,
             Learning
             and
             Conscience
             ,
             and
             that
             I
             have
             else-where
             largely
             deliver'd
             my
             Sense
             about
             it
             ;
             but
             because
             
               Every
               free
               and
               impartial
               Temper
            
             hath
             of
             a
             long
             time
             observ'd
             ,
             that
             such
             
               Barbarous
               Attempts
            
             were
             so
             far
             from
             being
             indulg'd
             ,
             that
             they
             were
             most
             severely
             
               prohibited
               by
            
             Christ
             himself
             ,
             who
             instructed
             his
             Disciples
             ,
             
               to
               love
               their
               Enemies
            
             ,
             not
             to
             
               persecute
               their
               Friends
            
             for
             every
             Difference
             in
             Opinion
             ;
             That
             the
             Tares
             should
             grow
             with
             the
             Wheat
             ;
             That
             
               his
               Kingdom
               is
               not
               of
               this
               World
            
             ;
             That
             
               Faith
               is
               the
               Gift
               of
               God
               ,
            
             That
             the
             Will
             and
             Understanding
             of
             Man
             are
             Faculties
             not
             to
             be
             workt
             upon
             by
             
               Corporal
               Penalties
            
             ;
             That
             TRUTH
             
               is
               all-sufficient
               to
               her
               own
               Relief
            
             ;
             That
             ERROR
             and
             ANGER
             go
             together
             ;
             That
             
               base
               Coyn
               only
            
             stands
             in
             need
             of
             Imposition
             to
             make
             it
             current
             ,
             but
             that
             
               True
               Metal
            
             passeth
             for
             its
             own
             intrinsick
             Value
             ;
             with
             a
             great
             deal
             more
             of
             that
             Nature
             :
             I
             shall
             therefore
             chuse
             to
             oppose
             my self
             at
             this
             time
             to
             any
             such
             Severity
             upon
             meer
             Prudence
             ;
             that
             such
             as
             have
             
               No
               Religion
            
             ,
             and
             certainly
             
               They
               that
               persecute
               for
            
             Religion
             ,
             
               have
               as
               little
               as
               need
               to
               be
               ,
            
             may
             be
             induc'd
             to
             Tolerate
             THEM
             
               that
               have
            
             .
          
           
           
             First
             ,
             However
             advisable
             it
             may
             be
             in
             the
             Judgment
             of
             some
             wise
             Men
             ,
             to
             prevent
             ,
             even
             by
             Force
             ,
             the
             arising
             of
             any
             
               New
               Opinions
            
             ,
             where
             a
             Kingdom
             is
             universally
             of
             another
             Mind
             ;
             especially
             if
             it
             be
             odious
             to
             the
             People
             ,
             and
             inconsistent
             with
             the
             Interest
             of
             the
             Government
             ;
             it
             cannot
             be
             so
             ,
             where
             a
             Kingdom
             is
             of
             
               many
               Minds
            
             ,
             unless
             some
             One
             Party
             have
             the
             Wisdom
             ,
             Wealth
             ,
             Number
             ,
             Sober
             Life
             ,
             Industry
             and
             Resolution
             of
             its
             side
             ,
             which
             I
             am
             sure
             is
             not
             to
             be
             found
             in
             England
             ;
             so
             that
             the
             Wind
             hath
             plainly
             shifted
             its
             Corner
             ,
             and
             consequently
             oblieges
             to
             another
             Course
             ;
             I
             mean
             ,
             
             England's
             Circumstances
             are
             greatly
             changed
             ,
             and
             they
             require
             
               new
               Expedients
            
             and
             other
             sorts
             of
             Applications
             .
             Physicians
             vary
             their
             Medicines
             according
             to
             the
             Revolution
             and
             Commixture
             of
             Distempers
             .
             They
             that
             seek
             to
             tye
             the
             Government
             to
             obsolete
             and
             inadequate
             Methods
             (
             supposing
             them
             once
             apt
             ,
             which
             Cruelty
             in
             this
             Case
             never
             was
             )
             are
             not
             Friends
             to
             its
             Interest
             ,
             whatever
             they
             may
             be
             to
             their
             own
             .
             If
             our
             Superiours
             should
             make
             it
             their
             Business
             so
             to
             prefer
             
               One
               Party
            
             ,
             as
             to
             depress
             the
             rest
             ,
             they
             insecure
             themselves
             by
             making
             them
             Friends
             to
             be
             their
             Enemies
             ,
             who
             before
             were
             one
             anothers
             .
             To
             be
             sure
             it
             createth
             Hatred
             between
             the
             Party
             advanced
             ,
             and
             those
             deprest
             ;
             
             Jacob's
             preferring
             Joseph
             ,
             put
             his
             Brethren
             upon
             that
             Conspiracy
             against
             him
             .
             I
             will
             allow
             that
             they
             may
             have
             a
             more
             particular
             Favour
             for
             the
             National
             Religion
             (
             if
             they
             can
             think
             she
             deserves
             it
             )
             then
             for
             any
             other
             Perswasion
             ,
             but
             not
             more
             then
             for
             all
             other
             Parties
             in
             England
             :
             that
             would
             break
             the
             Ballance
             ,
             the
             keeping
             up
             of
             which
             will
             be
             ,
             to
             make
             every
             Party
             to
             owe
             its
             Tranquillity
             to
             their
             Prudence
             and
             Goodness
             ,
             which
             will
             never
             fail
             of
             Returns
             of
             Love
             and
             Loyalty
             ;
             for
             since
             we
             see
             each
             Interest
             looks
             jealously
             upon
             the
             other
             ,
             't
             is
             reasonable
             to
             believe
             ,
             they
             had
             rather
             the
             Dominion
             should
             lodge
             where
             it
             is
             ,
             while
             universally
             impartial
             in
             their
             Judgment
             ,
             then
             to
             trust
             it
             with
             any
             one
             sort
             of
             themselves
             .
             Many
             inquisitive
             Men
             into
             humane
             Affairs
             ,
             have
             thought
             ,
             that
             the
             Concord
             of
             Discords
             hath
             not
             been
             the
             infirmest
             Basis
             Government
             can
             rise
             or
             stand
             upon
             :
             It
             hath
             been
             observed
             ,
             that
             less
             Sedition
             and
             Disturbance
             attended
             
             Hannibal's
             Army
             ,
             that
             
             consisted
             of
             many
             Nations
             ,
             then
             the
             Roman
             Legions
             ,
             that
             were
             of
             one
             People
             ;
             It
             is
             Marvelous
             ,
             how
             the
             Wisdom
             of
             that
             General
             secured
             them
             to
             his
             Designs
             :
             Livy
             saith
             ,
             
               that
               his
               Army
               for
               Thirteen
               Years
               ,
               that
               they
               roaved
               up
               and
               down
               the
               Roman
               Empire
               ,
               made
               up
               of
               many
               Countries
               ,
               divers
               Languages
               ,
               Laws
               ,
               Customs
               ,
               Religions
               ,
               under
               all
               their
               Successes
               of
               War
               and
               Peace
               ,
               
                 never
                 Mutined
              
               :
            
             Malvetzy
             as
             well
             as
             Livy
             asscribes
             it
             to
             that
             Variety
             ,
             well
             mannaged
             by
             the
             General
             .
             By
             the
             like
             Prudence
             Jovianus
             and
             
               Theodosius
               Magnus
            
             brought
             Tranquillity
             to
             their
             Empire
             ,
             after
             much
             Rage
             and
             Blood
             for
             Religion
             .
             In
             Nature
             we
             also
             see
             ,
             all
             Heat
             consumes
             ,
             all
             Cold
             kills
             ;
             that
             three
             Degrees
             of
             Cold
             ,
             to
             two
             of
             Heat
             ,
             allay
             the
             Heat
             ;
             but
             introduce
             the
             Contrary
             Quality
             ,
             and
             over-cool
             by
             a
             Degree
             ;
             but
             two
             Degrees
             of
             Cold
             to
             two
             of
             Heat
             ,
             make
             a
             Poyz
             in
             Elements
             ,
             and
             a
             Ballance
             in
             Nature
             .
             The
             like
             in
             Families
             :
             It
             is
             not
             probable
             ,
             that
             a
             Master
             should
             have
             his
             Work
             so
             well
             done
             ,
             at
             least
             with
             that
             Love
             and
             Respect
             ,
             who
             continually
             smiles
             upon
             one
             Servant
             ,
             and
             severely
             frowns
             upon
             all
             the
             rest
             ;
             on
             the
             contrary
             ,
             't
             is
             apt
             to
             raise
             Feud
             amongst
             Servants
             ,
             and
             turn
             Duty
             into
             Revenge
             ,
             at
             least
             Contempt
             .
             
               In
               fine
            
             :
             It
             is
             to
             make
             our
             Superiours
             Dominion
             less
             then
             God
             made
             it
             ;
             and
             to
             blind
             their
             Eyes
             ,
             stop
             their
             Ears
             and
             shut-up
             their
             Breasts
             from
             beholding
             the
             Miseries
             ,
             hearing
             the
             Cries
             and
             redressing
             the
             Grievances
             of
             a
             vast
             number
             of
             People
             ,
             under
             their
             Charge
             ,
             vext
             in
             this
             World
             for
             their
             Belief
             and
             inoffensive
             Practice
             about
             the
             next
             .
          
           
             Secondly
             ,
             It
             is
             the
             Interest
             of
             Governours
             to
             be
             put
             upon
             no
             Thankless
             Offices
             ,
             that
             is
             ,
             to
             blow
             noCoales
             in
             their
             own
             Country
             (
             especially
             when
             it
             is
             to
             consume
             their
             People
             ,
             and
             it
             may
             be
             ,
             themselves
             too
             )
             not
             to
             be
             the
             
               Cat
               's
               Foot
            
             ,
             not
             to
             make
             Work
             for
             themselves
             ,
             or
             fill
             their
             own
             Hands
             with
             Trouble
             ,
             or
             the
             Kingdom
             with
             Complaints
             :
             It
             is
             to
             forbid
             them
             the
             Use
             of
             Clemency
             ,
             wherein
             they
             ought
             most
             of
             all
             to
             imitate
             God
             Almighty
             ,
             
               whose
               Mercy
               is
               above
               all
               his
               Works
            
             ;
             and
             renders
             them
             a
             sort
             of
             Extortioners
             to
             the
             People
             ,
             the
             most
             remote
             from
             the
             End
             and
             Goodness
             of
             their
             Office.
             In
             short
             ;
             It
             is
             the
             best
             Receipt
             that
             their
             Enemies
             can
             give
             ,
             to
             make
             them
             uneasie
             to
             the
             Country
             .
          
           
           
             Thirdly
             ,
             It
             not
             only
             makes
             them
             Enemies
             ,
             but
             there
             is
             no
             such
             Excitement
             to
             Revenge
             ,
             as
             a
             rap'd
             Conscience
             :
             He
             that
             hath
             been
             forc'd
             to
             break
             his
             Peace
             ,
             to
             gratifie
             the
             Humor
             of
             another
             ,
             must
             have
             a
             great
             share
             of
             Mercy
             and
             Self-denyal
             to
             forgive
             that
             Injury
             ,
             and
             forbid
             himself
             the
             Pleasure
             of
             Retribution
             upon
             the
             Authors
             of
             it
             :
             For
             Revenge
             ,
             in
             other
             Cases
             condemnable
             of
             all
             ,
             is
             here
             lookt
             upon
             by
             too
             many
             to
             be
             the
             next
             way
             to
             their
             Expiation
             .
             To
             be
             sure
             ,
             whether
             the
             Grounds
             of
             their
             Dissent
             be
             rational
             in
             themselves
             ,
             such
             Severity
             is
             unjustifiable
             with
             them
             ;
             for
             this
             is
             a
             Maxim
             with
             Sufferers
             ,
             Whoever
             is
             in
             the
             Wrong
             ,
             
               the
               Persecutor
               is
               never
               in
               the
               Right
               .
            
             Men
             ,
             not
             conscious
             to
             themselves
             of
             Evil
             ,
             and
             harshly
             treated
             ,
             not
             only
             resent
             it
             unkindly
             ,
             but
             are
             bold
             to
             shew
             it
             .
          
           
             Fourthly
             ,
             Suppose
             the
             Prince
             ,
             by
             his
             Severity
             ,
             conquers
             any
             into
             a
             Compliance
             ,
             he
             can
             upon
             no
             prudent
             Ground
             assure
             himself
             of
             their
             Fidelity
             ,
             whom
             he
             hath
             taught
             to
             be
             Treacherous
             to
             their
             own
             Convictions
             .
             Wise
             Men
             rarely
             confide
             in
             those
             whom
             they
             have
             debaucht
             from
             Trust
             ,
             to
             serve
             themselves
             :
             At
             best
             it
             resembleth
             but
             forc'd
             Marriages
             ,
             that
             seldom
             prove
             happy
             to
             the
             Parties
             .
             In
             short
             :
             Force
             makes
             Hypocrites
             ;
             't
             is
             Perswasion
             only
             that
             makes
             Converts
             .
          
           
             Fifthly
             ,
             This
             Partiality
             ,
             of
             sacrificing
             the
             Liberty
             and
             Property
             of
             all
             Dissenters
             ,
             to
             the
             Promotion
             of
             a
             single
             Party
             ,
             as
             it
             is
             the
             lively
             Representation
             of
             J.
             Calvin's
             
               Horrendum
               Decretum
            
             of
             Predestination
             ;
             so
             the
             Consequences
             of
             the
             one
             belong
             unto
             the
             other
             ,
             it
             being
             but
             that
             Ill-natured
             Principle
             ,
             practised
             ;
             Men
             are
             put
             upon
             the
             same
             desperate
             Courses
             ,
             either
             to
             have
             no
             Conscience
             at
             all
             ,
             or
             to
             be
             Hang'd
             for
             having
             a
             Conscience
             not
             fashionable
             ;
             for
             ,
             let
             them
             be
             Virtuous
             ,
             let
             them
             be
             Vitious
             ,
             if
             they
             fall
             not
             in
             with
             
               that
               Mode
            
             of
             Religion
             ,
             they
             must
             be
             reprobated
             to
             all
             Civil
             and
             Ecclesiastical
             Intents
             and
             Purposes
             .
             Strange
             !
             that
             men
             must
             either
             Deny
             their
             Faith
             and
             Reason
             ,
             or
             be
             destroyed
             for
             acting
             according
             to
             them
             ,
             be
             they
             otherwise
             never
             so
             Peaceable
             .
             What
             Power
             is
             this
             ?
             But
             that
             men
             are
             to
             be
             protected
             upon
             Favour
             ,
             not
             Right
             or
             Merit
             ;
             and
             that
             no
             Merit
             out
             of
             the
             English
             Church-Dress
             should
             find
             Acceptance
             ,
             is
             
             severe
             .
             That
             Father
             we
             justly
             blame
             ,
             that
             narrows
             his
             Paternal
             Love
             to
             some
             one
             of
             his
             Children
             ,
             though
             the
             rest
             be
             not
             one
             jot
             less
             Virtuous
             then
             the
             Favouriter
             :
             Such
             Injustice
             can
             never
             flow
             from
             a
             Soul
             acted
             by
             Reason
             ;
             but
             a
             Mind
             govern'd
             by
             Fancy
             ,
             and
             enslaved
             to
             Passions
             .
          
           
             Sixthly
             ,
             consider
             
               Peace
               ,
               Plenty
            
             and
             Safety
             ,
             the
             three
             grand
             Inducements
             to
             any
             Country
             to
             honour
             the
             Prince
             ,
             and
             love
             the
             Government
             ,
             and
             the
             best
             Allurements
             to
             Forreigners
             to
             trade
             with
             it
             ,
             and
             transport
             themselves
             to
             it
             ,
             are
             utterly
             lost
             by
             such
             Intestine
             Jars
             ;
             for
             instead
             of
             Peace
             ,
             Love
             and
             good
             Neighbourhood
             ,
             behold
             Animosity
             and
             Contest
             !
             One
             Neighbour
             watcheth
             another
             ,
             and
             makes
             him
             an
             Offender
             for
             his
             Conscience
             ;
             this
             divides
             them
             ,
             their
             Families
             and
             Acquaintance
             :
             Perhaps
             with
             them
             ,
             the
             Towns
             and
             Villages
             where
             they
             live
             ,
             most
             commonly
             the
             Sufferer
             hath
             the
             Pitty
             ,
             and
             the
             Persecutor
             the
             Odium
             of
             the
             Multitude
             ;
             and
             when
             People
             see
             Cruelty
             practised
             upon
             their
             Inoffensive
             Neighbours
             by
             a
             Troublesom
             Sort
             of
             Men
             ,
             and
             those
             countenanced
             by
             a
             Law
             ,
             it
             breedeth
             Ill
             Blood
             against
             the
             Government
             .
             Certainly
             ,
             
               haling
               People
               to
               Goals
               ,
               breaking
               open
               their
               Houses
               ,
               seizing
               of
               their
               Estates
               ,
            
             and
             that
             without
             all
             Proportion
             ,
             leaving
             Wives
             without
             their
             Husbands
             ,
             and
             Children
             without
             their
             Fathers
             ,
             their
             Families
             ,
             Relations
             ,
             Friends
             and
             Neighbours
             under
             Amaze
             and
             Trouble
             ,
             is
             almost
             as
             far
             from
             the
             Peace
             of
             a
             well-govern'd
             Kingdom
             ,
             as
             it
             is
             from
             the
             Meekness
             of
             Christianity
             .
          
           
             Plenty
             will
             be
             hereby
             exchanged
             for
             Poverty
             ,
             by
             the
             Destruction
             of
             many
             Thousand
             Families
             within
             this
             Realm
             ,
             who
             are
             greatly
             Instrumental
             for
             the
             carrying
             on
             of
             the
             most
             
               Substantial
               Commerce
            
             therein
             ,
             Men
             of
             
               Virtue
               ,
               good
               Contrivance
               ,
               great
               Industry
               ,
            
             whose
             Labours
             not
             only
             keep
             the
             Parishes
             from
             the
             
               Trouble
               &
               Charge
            
             of
             maintaining
             them
             and
             theirs
             ,
             but
             help
             to
             maintain
             the
             Poor
             ,
             and
             are
             great
             Contributors
             to
             the
             
               Kings
               Revenue
            
             by
             their
             Traffick
             :
             I
             his
             very
             Severity
             will
             make
             more
             Bankrupts
             in
             the
             Kingdom
             of
             England
             in
             7
             Years
             then
             have
             been
             in
             it
             upon
             all
             other
             Accounts
             in
             7
             Ages
             ;
             which
             Consequence
             ,
             how
             far
             it
             may
             consist
             with
             the
             Credit
             &
             Interest
             of
             the
             Government
             ,
             I
             leave
             to
             better
             Judgments
             .
          
           
             This
             Sort
             of
             great
             Severity
             that
             hath
             been
             lately
             ,
             and
             still
             is
             used
             amongst
             us
             ,
             is
             like
             to
             prove
             a
             great
             Check
             to
             that
             Readiness
             ,
             which
             
             otherwise
             we
             find
             in
             Forreigners
             to
             trade
             with
             the
             Inhabitants
             of
             this
             Kingdom
             ;
             for
             if
             Men
             cannot
             call
             any
             Thing
             their
             own
             under
             a
             different
             Exercise
             of
             Conscience
             from
             the
             National
             Way
             of
             Religion
             ,
             may
             their
             Correspondents
             prudently
             say
             ,
             
               We
               will
               not
               further
               concern
               our selves
               with
               Men
               that
               stand
               upon
               such
               tickling
               Terms
               ;
               what
               know
               we
               but
               such
               Persons
               are
               ruin'd
               in
               their
               Estates
               by
               Reason
               of
               their
            
             Non-Conformity
             ,
             
               before
               such
               Time
               as
               we
               are
               reimburst
               for
               Money
               paid
               ,
               or
               Goods
               delivered
               :
               Nay
               ,
               we
               know
               not
               how
               soon
               those
               who
               are
            
             Conformists
             
               may
               be
            
             Non-Conformists
             ,
             
               or
               what
               Revolution
               of
               Councils
               may
               happen
               ,
               since
               the
               Fundamental
               Laws
               ,
               so
               jealous
               of
               the
               Peoples
               Property
               ,
               are
               so
               little
               set
               by
               with
               some
               of
               their
               own
               Magistrates
               ;
               for
               though
               we
               are
               told
               of
               very
               worthy
               and
               excellent
               Laws
               for
               the
               Security
               of
               the
               Peoples
               Rights
               ,
               yet
               we
               are
               also
               told
               ,
               that
               they
               all
               hang
               at
               the
               Churches
               Ear
               ;
               and
               no
            
             Church-Conformity
             ,
             no
             Property
             ,
             
               which
               is
               ,
               no
            
             Church-Man
             ,
             no
             English-Man
             ;
             
               so
               that
               in
               Effect
               the
               Rights
               of
               their
               Country
               depend
               upon
               the
               Rights
               of
               their
               Church
               ;
               and
               those
               Churches
               are
               so
               numerous
               ,
               and
               have
               taken
               their
               Turns
               so
               often
               ,
               that
               a
               Body
               knows
               not
               how
               to
               mannage
               one's
               self
               securely
               to
               one
               's
               own
               Affairs
               in
               a
               Correspondence
               with
               any
               of
               them
               :
               For
               in
               King
            
             Henry
             
               the
               eight's
               Dayes
            
             Popery
             
               was
               the
               only
            
             Orthodox
             Religion
             ,
             and
             Luther
             ,
             Melanchton
             ,
             Oecolampadius
             ,
             Calvin
             ,
             
               &c.
               were
               great
            
             Hereticks
             :
             In
             Edward
             
               the
               sixth's
               Time
               ,
               they
               were
               Saints
               ,
               and
            
             Popery
             
               Idolatry
               :
               A
               few
               Years
               after
               Q
            
             Mary
             
               makes
               the
            
             Papists
             
               Holy
               Church
               ,
               and
            
             Protestancy
             
               Heresie
               :
               About
               six
               Years
               complcats
               her
               Time
               ,
               and
               Q.
            
             Elizabeth
             
               enters
               her
               Reign
               ,
               in
               which
            
             Protestants
             
               are
               good
            
             Christians
             ,
             
               and
               the
               Church
               of
            
             Rome
             
               the
               Whore
               of
            
             Babylon
             :
             
               In
               her
               Reign
               ,
               and
               King
            
             James
             '
             
               s
               ,
               and
            
             Charles
             
               the
               first
               's
               ,
               sprung
               the
            
             Puritans
             ,
             
               who
               divided
               themselves
               into
            
             Presbyterians
             and
             Independents
             ;
             
               the
               Bishops
               exclaimed
               against
               them
               for
            
             Schismaticks
             ,
             
               and
               they
               against
               the
               Bishops
               for
            
             Papistical
             and
             Anti
             christian
             :
             
               In
               the
            
             long
             Parliament's
             
               Time
               the
            
             Presbyterian
             
               drives
               out
               the
            
             Bishop
             ;
             O.
             Cromwel
             
               defeating
               them
               ,
               and
               sending
               the
            
             Presbyterian
             
               to
               keep
               Company
               with
               the
            
             Bishop
             ,
             
               confers
               it
               mostly
               upon
               the
            
             Independent
             and
             Anabaptist
             ,
             
               who
               kept
               it
               through
               the
               other
               Fractions
               of
               Government
               ,
               till
               the
            
             Presbyter
             and
             Bishop
             
               got
               it
               from
               them
               ;
               and
               the
            
             Bishop
             
               now
               from
               the
            
             Presbyter
             ;
             
               but
               how
               long
               it
               will
               rest
               there
               ,
               who
               knows
               .
            
          
           
             Nor
             is
             my
             Supposition
             idle
             or
             improbable
             ,
             unless
             Moderation
             
             
             
             take
             Place
             of
             Severity
             ,
             and
             Property
             the
             room
             of
             Punishment
             of
             Opinion
             ;
             for
             that
             must
             be
             the
             lasting
             Security
             ,
             as
             well
             as
             that
             it
             is
             the
             Fundamental
             Right
             of
             English
             People
             .
          
           
             There
             is
             also
             a
             further
             Consideration
             ,
             and
             that
             is
             ,
             the
             rendering
             just
             and
             very
             good
             Debts
             desperate
             ,
             both
             at
             home
             and
             abroad
             ,
             by
             giving
             Opportunity
             to
             the
             Debtors
             of
             Dissenters
             to
             detain
             their
             Dues
             :
             Indeed
             it
             seems
             a
             natural
             Consequence
             with
             all
             but
             Men
             of
             Mercy
             and
             Integrity
             ,
             
               What
               should
               we
               pay
               them
               for
               ,
            
             may
             they
             say
             ,
             
               that
               are
               not
               in
               a
               Capacity
               to
               demand
               or
               receive
               it
               ;
               at
               least
               to
               compel
               us
               ?
            
             Nay
             ,
             they
             may
             plead
             a
             sort
             of
             Kindness
             to
             their
             Creditors
             ,
             and
             say
             ,
             
               We
               had
               as
               good
               keep
               it
               ;
               for
               if
               we
               pay
               it
               them
               ,
               they
               will
               soon
               loose
               it
               ;
               't
               is
               better
               to
               remain
               with
               us
               ,
               then
               that
               they
               should
               be
               pillag'd
               of
               it
               by
               Informers
            
             ;
             though
             Beggary
             and
             Want
             should
             in
             the
             mean
             time
             overtake
             the
             right
             Owners
             and
             their
             Families
             .
             Nor
             is
             it
             unworthy
             of
             the
             most
             deliberate
             Thoughts
             of
             our
             Superiours
             ,
             that
             
               the
               Land
               already
               swarms
               with
               Beggars
               ,
            
             and
             that
             there
             is
             no
             so
             ready
             Course
             to
             encrease
             their
             Number
             ,
             as
             the
             severe
             Prosecution
             of
             Dissenters
             ;
             so
             that
             though
             they
             immediately
             Suffer
             ,
             the
             Kingdom
             in
             the
             End
             must
             be
             the
             Looser
             :
             For
             besides
             a
             
               Decay
               of
               Trade
            
             ,
             &c.
             this
             driving
             away
             of
             
               Flocks
               of
               Sheep
            
             ,
             and
             
               Herds
               of
               Cattel
            
             ,
             seizing
             of
             
               Barns
               full
               of
               Corn
            
             ,
             breaking
             open
             of
             
               Doors
               and
               Chists
            
             ,
             taking
             away
             the
             
               best
               Goods
            
             those
             Instruments
             of
             Cruelty
             can
             find
             ,
             sometimes
             All
             ,
             even
             ,
             to
             a
             Bed
             ,
             a
             Blanket
             ,
             wearing
             Apparel
             ,
             and
             the
             very
             
               Tools
               of
               Trade
            
             ,
             by
             which
             People
             honestly
             labour
             to
             get
             their
             Bread
             ,
             till
             they
             leave
             
               Men
               ,
               Women
            
             and
             
               Children
               destitute
               of
               Subsistence
            
             ,
             will
             necessitate
             an
             extreme
             Advance
             of
             the
             
               Poors
               Rate
            
             in
             every
             Parish
             of
             England
             ,
             or
             they
             must
             be
             Starv'd
             .
             Oh
             that
             it
             would
             please
             them
             that
             are
             
               in
               Authority
            
             to
             put
             a
             Stop
             to
             this
             
               Inhuman
               Usage
            
             ,
             lest
             the
             
               Vengeance
               of
               the
            
             Just
             God
             
               break
               forth
               further
               against
               this
               poor
               Land.
               
            
          
           
             Safety
             ,
             another
             Requisite
             to
             an
             happy
             Government
             ,
             must
             needs
             be
             at
             an
             End
             ,
             where
             the
             Course
             oppugn'd
             is
             followed
             :
             And
             it
             is
             but
             some
             prudent
             Forreigners
             proclaiming
             Liberty
             of
             Conscience
             within
             their
             Territories
             ,
             and
             a
             Door
             is
             opened
             for
             a
             Million
             of
             People
             to
             pass
             out
             of
             their
             Native
             Soil
             ,
             which
             is
             not
             so
             extremely
             improved
             ,
             that
             it
             should
             not
             want
             two
             or
             three
             hundred
             thousand
             Families
             more
             then
             it
             hath
             ,
             to
             advance
             it
             ,
             especially
             at
             this
             Time
             of
             Day
             ,
             when
             our
             Forreign
             Islands
             yearly
             take
             off
             so
             many
             necessary
             
             Inhabitants
             from
             us
             :
             And
             as
             of
             Contraries
             there
             is
             the
             same
             Reason
             ;
             so
             let
             the
             Government
             of
             England
             but
             give
             that
             prudent
             Invitation
             to
             Forreigners
             ,
             and
             she
             maketh
             her self
             Mistress
             of
             the
             Arts
             and
             Manufactures
             of
             Europe
             :
             Nothing
             else
             hath
             hindred
             Holland
             from
             truckling
             under
             the
             Spanish
             Monarchy
             ,
             and
             being
             ruin'd
             above
             therescore
             Years
             ago
             ,
             and
             given
             her
             that
             Rise
             to
             Wealth
             and
             Glory
             .
          
           
             Seaventhly
             ,
             Nor
             is
             this
             Severity
             only
             Injurious
             to
             the
             Affairs
             of
             England
             ,
             but
             the
             whole
             Protestant
             World
             :
             For
             besides
             that
             it
             calls
             the
             Sincerity
             of
             their
             Procedings
             against
             the
             Papists
             into
             Question
             ,
             it
             furnisheth
             them
             with
             this
             sort
             of
             unanswerable
             Interrogatory
             :
             
               The
               Protestants
               
                 exclame
                 against
                 us
                 for
                 Persecutors
                 ,
                 and
                 are
                 they
                 now
                 the
                 very
                 men
                 themselves
                 ?
                 Was
                 Severity
                 an
                 Instance
                 of
                 Weakness
                 in
                 our
                 Religion
                 ,
                 and
                 is
                 it
                 become
                 a
                 valid
                 Argument
                 in
                 theirs
                 ?
                 Are
                 not
                 our
                 Actions
              
               (
               once
               void
               of
               all
               Excuse
               with
               them
               )
               
                 now
                 defended
                 by
                 their
                 own
                 Practice
                 ?
                 But
                 if
                 men
                 must
                 be
                 restrained
                 upon
                 prudential
                 Considerations
                 from
                 the
                 Exercise
                 of
                 their
                 Consciences
                 in
              
               England
               ,
               
                 why
                 not
                 the
                 same
                 in
              
               France
               and
               Germany
               ,
               
                 where
                 matters
                 of
                 State
                 may
                 equally
                 be
                 pleaded
                 ?
              
            
             Certainly
             whatever
             Shifts
             Protestants
             may
             use
             to
             palliate
             these
             Procedings
             ,
             they
             are
             thus
             far
             condemnable
             upon
             the
             Foot
             of
             Prudence
             .
          
           
             Eightly
             ,
             Such
             Procedure
             is
             a
             great
             Reflection
             upon
             the
             Justice
             of
             the
             Government
             ,
             in
             that
             it
             enacts
             Penalties
             inadequate
             to
             the
             Fault
             committed
             ,
             viz.
             
               That
               I
               should
               loose
               my
               Liberty
               and
               Property
               ,
               Natural
               Endowments
               ,
               and
               confirmed
               Civil
               Priviledges
               ,
               for
               some
               Error
               in
               Judgment
               about
               Matters
               of
               Religion
               ;
               as
               if
               I
               must
               not
               be
               a
               Man
               ,
               because
               I
               am
               not
               such
               a
               sort
               of
               religious
               Man
               as
               the
               Government
               would
               have
               me
               ,
               but
               must
               loose
               my
               Claim
               to
               all
               Natural
               Benefits
               ,
               though
               I
               harmonize
               with
               them
               in
               Civil
               Affairs
               ,
               because
               I
               fall
               not
               in
               with
               the
               Judgment
               of
               the
               Government
               in
               some
               Points
               of
               a
               supernatural
               Import
               ;
               though
               no
               real
               Part
               of
               the
               ancient
               Government
               .
            
             Perhaps
             instead
             of
             going
             to
             the
             Left
             Hand
             ,
             I
             go
             to
             the
             Right
             :
             and
             whereas
             I
             am
             commanded
             to
             hear
             
               A.
               B.
            
             I
             rather
             chuse
             to
             hear
             
               C.
               D.
            
             my
             Reason
             for
             it
             ,
             being
             the
             more
             Religious
             Influence
             the
             latter
             hath
             over
             me
             ,
             then
             the
             former
             ;
             and
             that
             I
             find
             by
             Experience
             ,
             
               I
               am
               better
               affected
               ,
               and
               more
               Religiously
               edified
               to
               
               Good
               Living
               .
            
             What
             Blemish
             is
             this
             to
             the
             Government
             ?
             What
             Insecurity
             to
             the
             Civil
             Magistrate
             ?
             Why-may
             not
             this
             Man
             Sell
             ,
             Buy
             ,
             Plow
             ,
             pay
             his
             Rent
             ,
             be
             as
             good
             a
             Subject
             ,
             and
             as
             true
             an
             English-man
             ,
             as
             any
             Conformist
             in
             the
             Kingdom
             ?
             Howbeit
             ,
             Fines
             and
             Goals
             are
             very
             ill
             Arguments
             
               to
               convince
               sober
               Mens
               Understandings
               ,
               and
               disswade
               them
               from
               the
               Continuance
               of
               so
               harmless
               a
               Practice
               .
            
          
           
             Lastly
             ,
             But
             there
             is
             yet
             another
             Inconveniency
             that
             will
             attend
             this
             Sort
             of
             Severity
             ,
             that
             so
             naturally
             follows
             upon
             our
             Superiors
             making
             Conformity
             to
             the
             Doctrine
             and
             Worship
             of
             the
             Church
             of
             England
             ,
             the
             
               sine
               qua
               non
            
             ,
             or
             Inlet
             to
             all
             Property
             ,
             and
             Ground
             of
             Claim
             to
             all
             English
             Civil
             Priviledges
             ,
             to
             wit
             ,
             that
             they
             make
             a
             Rod
             ,
             for
             ought
             they
             know
             ,
             to
             whip
             their
             own
             Posterity
             with
             ;
             since
             it
             is
             Impossible
             for
             them
             to
             secure
             their
             Children
             to
             the
             English
             Church
             ;
             and
             if
             it
             happen
             that
             any
             of
             them
             are
             never
             so
             conscientiously
             of
             another
             Perswasion
             ,
             they
             are
             lyable
             to
             all
             the
             Miseries
             that
             may
             attend
             the
             Execution
             of
             those
             Laws
             :
             Such
             a
             King
             must
             not
             be
             King
             ;
             such
             Lords
             and
             Commons
             must
             not
             sit
             in
             Parliament
             ;
             nay
             ,
             they
             must
             not
             administer
             any
             Office
             ,
             be
             it
             never
             so
             inferiour
             ,
             within
             the
             Realm
             ,
             and
             they
             never
             so
             virtuous
             and
             capable
             ;
             their
             very
             Patrimony
             becomes
             a
             Prey
             to
             a
             Pack
             of
             lewd
             Informers
             ,
             and
             their
             Persons
             exposed
             to
             the
             Abuse
             of
             Men
             ,
             Poor
             or
             Malicious
             .
          
           
             But
             there
             are
             three
             Objections
             that
             some
             make
             against
             what
             I
             have
             urged
             ,
             not
             unfit
             to
             be
             consider'd
             .
             The
             first
             is
             this
             :
             
               If
               the
               Liberty
               desired
               be
               granted
               ,
               what
               know
               we
               but
            
             Dissenters
             
               may
               employ
               their
               Meetings
               to
               insinuate
               against
               the
               Government
               ,
               inslame
               People
               into
               a
               Dislike
               of
               their
               Superiours
               ,
               and
               thereby
               prepare
               them
               for
               Mischief
               .
            
          
           
             Answ
             .
             This
             Objection
             may
             have
             some
             Force
             ,
             so
             long
             as
             our
             Superiours
             continue
             Severity
             ;
             because
             it
             doth
             not
             only
             sharpen
             and
             excite
             Dissenters
             ,
             but
             it
             runs
             many
             of
             them
             into
             such
             Holes
             and
             Corners
             ,
             that
             if
             they
             were
             disposed
             to
             any
             such
             Conspiracies
             ,
             they
             have
             the
             securest
             Places
             and
             Opportunities
             to
             effect
             their
             Design
             .
             But
             what
             Dissenter
             can
             be
             so
             destitute
             of
             Reason
             and
             
               Love
               to
               common
               Safety
            
             ,
             as
             to
             expose
             himself
             and
             Family
             ,
             by
             plotting
             
             against
             a
             Government
             that
             is
             kind
             to
             him
             ,
             and
             gives
             him
             the
             Liberty
             he
             desires
             ,
             and
             could
             only
             be
             supposed
             in
             common
             sense
             to
             plot
             for
             .
             To
             be
             sure
             ,
             Liberty
             to
             Worship
             God
             ,
             according
             to
             their
             several
             Professions
             ,
             will
             be
             ,
             as
             the
             Peoples
             Satisfaction
             ,
             so
             the
             Governments
             greatest
             Security
             ;
             For
             if
             men
             enjoy
             their
             Property
             and
             their
             Conscience
             ,
             which
             is
             the
             noblest
             part
             of
             it
             ,
             without
             Molestation
             ,
             what
             should
             they
             object
             against
             and
             plot
             for
             ?
             Mad
             Men
             only
             burn
             their
             own
             Houses
             ,
             kill
             their
             own
             Children
             ,
             &
             murder
             themselves
             .
             Doth
             Kindness
             or
             Cruelty
             most
             take
             with
             men
             that
             are
             but
             themselves
             ?
             
               H.
               Grotius
            
             with
             Campanella
             ,
             well
             observ'd
             ,
             that
             
               a
               fierce
               and
               rugged
               Hand
               was
               very
               improper
               for
            
             Northern
             Countries
             .
             English
             men
             
               are
               gain'd
               with
               Mildness
            
             ,
             but
             
               inflamed
               by
               Severity
            
             :
             And
             many
             that
             do
             not
             suffer
             ,
             are
             as
             apt
             to
             compassionate
             them
             that
             do
             .
             And
             if
             it
             will
             please
             our
             Superiours
             to
             make
             Tryal
             of
             such
             an
             Indulgence
             ,
             doubtless
             they
             will
             find
             Peace
             and
             Plenty
             to
             ensue
             .
             The
             Practice
             of
             other
             Nations
             ,
             and
             the
             Trade
             ,
             Tranquillity
             ,
             Power
             and
             Opulency
             that
             have
             attended
             it
             ,
             is
             a
             Demonstration
             in
             the
             Case
             ,
             and
             ought
             not
             to
             be
             slighted
             by
             them
             that
             aim
             at
             as
             high
             and
             honourable
             things
             for
             their
             Country
             :
             And
             if
             we
             had
             no
             other
             Instance
             then
             our
             own
             
               Intervals
               of
               Connivance
            
             ,
             they
             were
             enough
             to
             satisfie
             reasonable
             men
             ,
             how
             much
             more
             Moderation
             contributes
             to
             publick
             Good
             ,
             then
             the
             Prosecution
             of
             People
             for
             their
             Religious
             Dissent
             ;
             since
             the
             one
             hath
             ever
             produced
             Trade
             and
             Tranquillity
             ;
             the
             other
             ,
             greater
             Poverty
             and
             Dissension
             .
          
           
             The
             second
             Objection
             ,
             and
             by
             far
             the
             more
             weighty
             ,
             runs
             thus
             :
          
           
             Obj.
             
               The
               King
               and
               Parliament
               are
               sworn
               to
               maintain
               and
               protect
               the
               Church
               of
            
             England
             ,
             as
             establisht
             ,
             
               &c.
               therefore
               to
               tolerate
               other
               Opinions
               ,
               is
               against
               their
               Oath
               .
            
          
           
             Answ
             .
             Were
             the
             Consequence
             true
             ,
             as
             it
             is
             extreamly
             false
             ,
             it
             were
             highly
             unreasonable
             to
             expect
             Impossibilities
             at
             their
             Hands
             .
             Kings
             and
             Parliaments
             
               can
               no
               more
               make
               Brick
               without
               Straw
               ,
            
             then
             Captives
             :
             They
             have
             not
             sworn
             to
             do
             things
             beyond
             their
             Ability
             .
             Had
             it
             been
             in
             His
             and
             their
             Time
             and
             Choice
             ,
             when
             the
             
               Church
               of
               England
            
             had
             been
             first
             disturbed
             with
             dissenting
             Opinions
             ,
             it
             might
             have
             reflected
             more
             colourably
             a
             kind
             of
             Neglect
             upon
             them
             :
             But
             since
             the
             
               Church
               of
               England
            
             was
             no
             
             sooner
             a
             Church
             ,
             then
             she
             found
             some
             sort
             of
             Dissenters
             ;
             and
             that
             the
             utmost
             Policy
             and
             Severity
             of
             Q.
             Elizabeth
             ,
             King
             James
             ,
             and
             King
             
               Charles
               the
               1st
            
             ,
             were
             not
             successful
             towards
             an
             absolute
             Uniformity
             ;
             Why
             should
             it
             reflect
             upon
             them
             ,
             that
             the
             
               Church
               of
               England
            
             hath
             not
             yet
             rid
             her self
             of
             Dissenting
             Parties
             ?
             Besides
             ,
             it
             is
             Notorious
             ,
             that
             the
             late
             Wars
             gave
             that
             Opportunity
             to
             Differing
             Perswasions
             to
             spread
             ,
             that
             it
             was
             utterly
             impossible
             for
             them
             to
             hinder
             ,
             much
             less
             during
             the
             several
             Years
             of
             the
             King's
             Exile
             ,
             at
             what
             time
             the
             present
             Parliament
             was
             no
             Parliament
             ,
             nor
             the
             generality
             of
             the
             Members
             of
             it
             scarce
             of
             any
             Authority
             .
             Let
             it
             be
             considered
             ,
             that
             't
             was
             the
             Study
             of
             the
             Age
             to
             make
             People
             Anti-Papistical
             and
             Anti-Episcopal
             ,
             and
             that
             Power
             and
             Preferment
             went
             on
             that
             side
             :
             Their
             Circumstances
             therefore
             and
             their
             Ancestors
             are
             not
             the
             same
             ;
             They
             find
             the
             Kingdom
             Divided
             into
             several
             Interests
             ,
             and
             it
             seems
             a
             Difficulty
             insurmountable
             to
             reduce
             them
             to
             any
             one
             Perswasion
             ;
             wherefore
             to
             render
             themselves
             Masters
             of
             their
             Affections
             ,
             they
             must
             necessarily
             govern
             themselves
             towards
             them
             on
             a
             Ballance
             ,
             as
             before
             exprest
             ;
             otherwise
             ,
             they
             are
             put
             upon
             the
             greatest
             Hazards
             ,
             and
             extreamest
             Difficulties
             to
             themselves
             and
             the
             Kingdom
             ,
             and
             all
             to
             perform
             the
             Uncharitable
             Office
             of
             suppressing
             many
             Thousands
             of
             Inoffensive
             Inhabitants
             for
             the
             different
             Exercise
             of
             their
             Conscience
             to
             God
             :
             This
             is
             not
             to
             make
             them
             resemble
             Almighty
             God
             ,
             the
             Goodness
             of
             whose
             Nature
             extends
             it self
             universally
             ,
             thus
             to
             narrow
             his
             Bowels
             ,
             and
             confine
             his
             Clemency
             to
             one
             single
             Party
             of
             Men
             :
             It
             ought
             to
             be
             remembred
             ,
             that
             Optimus
             went
             before
             Maximus
             of
             old
             ,
             and
             that
             Power
             without
             Goodness
             is
             a
             frightful
             Sort
             of
             a
             Thing
             .
          
           
             But
             Secondly
             ,
             I
             deny
             the
             Consequence
             ,
             viz.
             
               That
               the
               King
               is
               therefore
               oblieged
               to
               persecute
               Dissenters
               ,
               because
               he
               or
               the
               Parliament
               hath
               taken
               an
               Oath
               to
               maintain
               the
               Church
               of
            
             England
             :
             For
             it
             cannot
             be
             supposed
             or
             intended
             ,
             that
             by
             maintaining
             Her
             ,
             they
             are
             to
             destroy
             the
             Rest
             of
             the
             Inhabitants
             :
             Is
             it
             impossible
             to
             protect
             her
             
               without
               knocking
               all
               the
               rest
               on
               the
               Head
               ?
               Do
               they
               allow
               any
               to
               Supplant
               her
               Officers
               ,
               Invade
               her
               Livings
               ,
               Possess
               her
               Emoluments
               ,
               Exercise
               her
               Authority
               ?
               What
               would
               she
               have
               ?
               Is
               she
               not
               Church
               of
            
             England
             
               still
               ,
               in
               the
               same
               Regency
               ,
               invested
               with
               the
               same
               Power
               ,
               bearing
               the
               same
               Character
               ?
               What
               Grandeur
               or
               Interest
               
               hath
               she
               lost
               by
               them
               ?
               Are
               they
               not
               manifestly
               her
               Protector
               ?
               Is
               she
               not
               National
               Church
               still
               ?
               And
               are
               not
               the
               greatest
               Offices
               ,
               Civil
               ,
               Military
               and
               Maritin
               conferr'd
               upon
               her
               Sons
               ?
            
             And
             can
             any
             of
             her
             Children
             be
             so
             insensible
             as
             either
             to
             challenge
             her
             Superiours
             with
             Want
             of
             Integrity
             ,
             because
             they
             had
             not
             performed
             Impossibilities
             ?
             or
             to
             excite
             them
             to
             that
             Harshness
             ,
             which
             is
             not
             only
             destructive
             of
             many
             Thousands
             of
             Inhabitants
             ,
             but
             altogether
             injurious
             to
             their
             own
             Interest
             ,
             and
             dishonourable
             to
             a
             Protestant
             Church
             ?
             Suppose
             Dissenters
             not
             to
             be
             of
             the
             visible
             Church
             ,
             are
             they
             therefore
             unfit
             to
             live
             ?
             Did
             the
             Jews
             treat
             Strangers
             so
             severely
             that
             had
             so
             much
             more
             to
             say
             then
             her self
             ?
             Is
             not
             the
             
               King
               Lord
               of
               Wastes
               and
               Commons
               as
               well
               as
               Inclosures
               ?
               Suppose
               God
               hath
               elected
               some
               to
               Salvation
               ,
               doth
               it
               therefore
               follow
               he
               hath
               reprobated
               all
               the
               rest
               ?
               And
               because
               he
               was
               God
               of
               the
            
             Jews
             ,
             
               was
               he
               not
               therefore
               God
               of
               the
            
             Gentiles
             ?
             
               or
               were
               not
               the
            
             Gentiles
             
               his
               People
               ,
               because
               the
            
             Jews
             
               were
               his
               peculiar
               People
            
             ?
             To
             be
             brief
             ;
             They
             have
             answer'd
             their
             Obligation
             ,
             consented
             to
             
               severe
               Laws
            
             ,
             and
             commanded
             their
             Execution
             ,
             in
             that
             they
             have
             still
             preferr'd
             her
             above
             Every
             Interest
             in
             England
             ,
             to
             render
             her
             more
             Powerful
             and
             Universal
             ,
             till
             they
             have
             good
             Reason
             to
             be
             tired
             with
             the
             Lamentable
             Consequences
             of
             those
             Endeavours
             ,
             and
             to
             conclude
             ,
             that
             the
             Uniformity
             thereby
             intended
             ,
             is
             a
             thing
             Impracticable
             .
          
           
             And
             I
             wonder
             that
             these
             men
             should
             so
             easily
             forget
             that
             great
             Saying
             of
             King
             CHARLES
             the
             1st
             (
             whom
             they
             pretended
             so
             often
             and
             with
             so
             much
             Honour
             to
             remember
             )
             in
             his
             Advice
             to
             the
             present
             King
             :
             where
             he
             saith
             ,
          
           
             
               Beware
               ,
               of
               Exasperating
               any
               Factions
               ,
               by
               the
               Crossness
               and
               Asperity
               of
               some
               Mens
               Passions
               ,
               Humours
               ,
               or
               Private
               Opinions
               ,
               imployed
               by
               You
               ,
               grounded
               only
               upon
               their
               Differences
               in
               Lesser
               Matters
               ,
               which
               are
               but
               the
               Skirts
               and
               Suburbs
               of
               Religion
               ,
               
               wherein
               a
            
             Charitable
             Connivance
             and
             Christain
             Toleration
             
               often
               Dissipates
               their
               Strength
               ,
               whom
               Rougher
               Opposition
               Fortifieth
               ,
               and
               puts
               the
               Despised
               and
               Oppressed
               Party
               into
               such
               Combinations
               as
               may
               most
               Enable
               them
               to
               get
               a
               Full
               Revenge
               upon
               Those
               they
               count
               their
               Persecutors
               ;
               who
               are
               commonly
               Assisted
               with
               that
               Vulgar
               Commiseration
               ,
               which
               attends
               all
               that
               are
               said
               to
               Suffer
               under
               the
               Common
               Notion
               of
               Religion
               .
            
          
           
             So
             that
             we
             have
             not
             only
             the
             King's
             Circumstances
             ,
             but
             his
             Father's
             Counsel
             ,
             who
             saw
             not
             the
             End
             of
             one
             half
             of
             them
             defending
             a
             Charitable
             Connivance
             ,
             and
             Christian
             Toleration
             of
             Dissenters
             .
          
           
             Obj.
             3.
             
             But
             it
             may
             be
             further
             alledged
             ,
             
               This
               makes
               way
               for
            
             Popery
             or
             Presbytery
             
               to
               undermine
               the
            
             Church
             of
             England
             ,
             
               and
               mount
               the
               Chair
               of
               Power
               and
               Preferment
               ,
               which
               is
               more
               then
               a
               Prudential
               Indulgence
               of
               Different
               Opinions
               .
            
          
           
             And
             yet
             there
             is
             not
             any
             so
             probable
             an
             expedient
             to
             vanish
             those
             Fears
             ,
             and
             prevent
             any
             such
             Design
             ,
             as
             keeping
             all
             Interests
             upon
             the
             Ballance
             ;
             for
             so
             the
             Protestant
             makes
             at
             least
             six
             Parties
             against
             Popery
             ,
             and
             the
             Church
             of
             England
             at
             least
             five
             against
             Presbytery
             ;
             and
             how
             either
             of
             them
             should
             be
             able
             to
             turn
             the
             Scale
             against
             five
             or
             six
             ,
             as
             free
             and
             thriving
             Interests
             as
             either
             of
             them
             can
             pretend
             to
             be
             ,
             I
             confess
             I
             cannot
             understand
             :
             But
             if
             one
             only
             Interest
             must
             be
             tolerated
             ,
             which
             
             implies
             a
             Resolution
             to
             suppress
             the
             Rest
             ,
             plain
             it
             is
             ,
             that
             the
             Church
             of
             England
             ventures
             her
             single
             Party
             against
             six
             growing
             Interest
             ,
             and
             thereby
             gives
             Preshytery
             and
             Popery
             by
             far
             an
             easier
             Access
             to
             Supremacy
             ,
             especially
             the
             latter
             ,
             for
             that
             it
             is
             the
             Religion
             of
             those
             Parts
             of
             Europ
             ,
             which
             neither
             want
             Inclination
             ,
             nor
             Ability
             to
             prosper
             it
             .
             So
             that
             besides
             the
             Consistency
             of
             such
             an
             Indulgence
             with
             the
             Nature
             of
             a
             
             Christian-Church
             ,
             there
             can
             be
             nothing
             more
             in
             Prudence
             advisable
             for
             the
             Church
             of
             England
             ,
             then
             to
             allow
             of
             the
             Ballance
             propounded
             ;
             in
             that
             first
             ,
             no
             Person
             of
             any
             real
             Worth
             will
             ever
             the
             sooner
             decline
             her
             ;
             on
             the
             contrary
             ,
             it
             will
             give
             her
             a
             greater
             Reputation
             in
             a
             Country
             so
             hating
             Severity
             :
             and
             next
             ,
             it
             gives
             her
             Opportunity
             to
             turn
             the
             Scale
             against
             any
             one
             Party
             that
             may
             aspire
             after
             her
             Power
             and
             Indowments
             :
             And
             she
             never
             need
             to
             fear
             the
             Agreement
             of
             all
             of
             them
             to
             any
             such
             Design
             ,
             Episcopacy
             not
             being
             more
             intolerable
             then
             Presbytery
             in
             Power
             ,
             even
             to
             an
             Independency
             it self
             ;
             and
             yet
             between
             them
             lies
             the
             narrowest
             Difference
             that
             is
             among
             the
             Dissenting
             Interests
             in
             this
             Kingdom
             .
          
           
             But
             this
             seems
             too
             large
             ,
             and
             yielding
             ;
             and
             therefore
             to
             find
             a
             Medium
             ,
             something
             that
             may
             compass
             the
             happy
             End
             of
             good
             Correspondence
             &
             Tranquillity
             ,
             at
             least
             so
             to
             fortifie
             the
             Church
             of
             England
             ,
             as
             that
             she
             may
             securely
             give
             Law
             to
             all
             other
             Religious
             Interests
             ,
             a
             Comprehension
             is
             pitcht
             upon
             ,
             and
             diligently
             pursued
             by
             both
             Episcopalians
             and
             Presbyterians
             ,
             at
             least
             some
             of
             each
             Party
             .
          
           
             But
             if
             it
             becomes
             wise
             men
             to
             Look
             before
             they
             Leap
             ,
             it
             will
             not
             be
             unadvisable
             for
             them
             to
             weigh
             the
             Consequences
             of
             such
             an
             Endeavour
             :
             For
             ,
             in
             the
             first
             place
             ,
             there
             is
             no
             one
             People
             I
             know
             in
             England
             ,
             that
             stands
             at
             a
             greater
             Distance
             from
             her
             Doctrine
             as
             it
             is
             maintain'd
             by
             her
             present
             Sons
             ,
             then
             the
             Presbyterians
             ,
             particularly
             about
             
               absolute
               Reprobation
               ,
               the
               Person
               of
               Christ
               ,
               Satisfaction
            
             and
             Justification
             ;
             and
             he
             must
             be
             a
             Stranger
             in
             the
             
               Religious
               Contests
            
             of
             our
             times
             that
             knows
             not
             this
             .
          
           
             In
             the
             next
             place
             ,
             None
             have
             govern'd
             themselves
             with
             a
             plainer
             Denial
             and
             more
             peremptory
             Contempt
             of
             Episcopacy
             ,
             and
             the
             whole
             Discipline
             and
             Worship
             of
             the
             Church
             of
             England
             ,
             then
             the
             Presbyterians
             have
             ever
             done
             ;
             let
             them
             put
             me
             to
             prove
             it
             ,
             if
             they
             please
             ,
             even
             of
             their
             
               most
               reverend
               Fathers
            
             .
          
           
           
             3dly
             ,
             Who
             knows
             not
             that
             their
             reciprocal
             Heats
             about
             these
             very
             things
             ,
             went
             a
             great
             way
             towards
             our
             late
             lamentable
             Troubles
             ?
             Now
             if
             the
             same
             Principles
             remain
             with
             each
             Party
             ,
             and
             that
             they
             are
             so
             far
             from
             repenting
             of
             their
             Tenaciousness
             ,
             that
             on
             the
             contrary
             they
             justifie
             their
             Opposition
             to
             one
             another
             in
             these
             matters
             ,
             how
             can
             either
             Party
             have
             Faith
             enough
             to
             rely
             upon
             each
             other's
             Kindness
             ,
             or
             so
             much
             as
             attempt
             a
             Comprehension
             ?
             What
             must
             become
             of
             the
             Labours
             of
             Bp.
             
               Witgift
               ,
               R.
               Hooker
            
             ,
             Bp.
             Banckroft
             ,
             Bp.
             
               Lawd
               ,
               &c.
            
             in
             Rebuke
             of
             the
             
               Presbyterian
               Separation
            
             ;
             and
             the
             Names
             of
             those
             leading
             Dissenters
             ,
             as
             
               Cartwright
               ,
               Dode
               ,
               Bradshow
               ,
               Rutterford
               ,
               Galaspee
               ,
               &c.
            
             so
             famous
             among
             the
             present
             Presbyterians
             ,
             and
             that
             for
             their
             Opposition
             to
             the
             Church
             ?
             This
             consider'd
             ,
             what
             Reason
             can
             any
             render
             ,
             why
             the
             Episcopalians
             should
             so
             singularly
             Provide
             for
             ,
             and
             Confide
             in
             an
             Interest
             that
             hath
             already
             been
             so
             Destructive
             to
             theirs
             ?
             On
             the
             other
             hand
             ,
             With
             what
             Prudence
             may
             the
             Presbyterians
             imbrace
             the
             others
             Offer
             that
             intended
             it
             not
             in
             Kindness
             to
             them
             ,
             and
             who
             they
             must
             needs
             think
             ,
             cannot
             but
             ow
             Revenge
             ,
             and
             retain
             deep
             Grudges
             for
             old
             Stories
             ?
          
           
             But
             4thly
             ,
             The
             very
             Reason
             given
             for
             a
             Comprehension
             is
             the
             greatest
             that
             can
             be
             urged
             against
             it
             ;
             namely
             ,
             
               The
               Suppression
               of
               other
               dissenting
               Perswasions
               .
            
             I
             will
             suppose
             a
             Comprehension
             and
             the
             Consequences
             of
             it
             ,
             to
             be
             an
             
               Eradication
               of
            
             ALL
             Interests
             ;
             the
             Thing
             desired
             :
             But
             if
             the
             two
             remaining
             Parties
             shall
             fall
             out
             ,
             as
             it
             is
             not
             likely
             that
             they
             will
             long
             agree
             ,
             what
             can
             the
             Presbyterian
             have
             to
             Ballance
             himself
             against
             the
             Ruling
             Power
             of
             Episcopacy
             ?
             or
             the
             Episcopalian
             to
             secure
             himself
             against
             the
             Aspirings
             of
             Presbytery
             ?
             They
             must
             either
             all
             become
             Episcopalians
             ,
             or
             Presbyterians
             ,
             else
             they
             will
             commix
             as
             Iron
             and
             Clay
             ,
             which
             made
             ill
             Leggs
             for
             the
             Image
             in
             Daniel
             ;
             Nor
             ,
             is
             it
             to
             be
             thought
             ,
             that
             their
             Leggs
             should
             stand
             any
             better
             .
          
           
             But
             some
             are
             ready
             to
             say
             ,
             that
             
               Their
               Difference
               is
               very
               minute
            
             .
             Grant
             it
             ;
             Are
             they
             ever
             the
             more
             tolerable
             for
             that
             ?
             Certainly
             ,
             Forbearance
             should
             carry
             some
             Proportion
             with
             the
             Greatness
             of
             the
             Difference
             ,
             by
             how
             much
             it
             is
             easier
             to
             comply
             in
             smaler
             matters
             :
             He
             that
             dissents
             fundamentally
             ,
             is
             more
             excusable
             then
             those
             that
             sacrifice
             the
             Peace
             and
             
               Concord
               of
               a
               Society
            
             about
             little
             Circumstances
             ;
             for
             there
             cannot
             be
             the
             same
             Inducement
             to
             suspect
             men
             
             of
             Obstinacy
             in
             an
             Essential
             as
             Circumstantial
             Non
             -
             Conformity
             .
          
           
             Besides
             ,
             How
             far
             can
             this
             Accommodation
             extend
             with
             Security
             to
             the
             
               Church
               of
               England
            
             ?
             Or
             ,
             on
             what
             better
             Terms
             will
             the
             Presbyterians
             conform
             to
             her
             Discipline
             and
             formal
             Acts
             of
             Devotion
             ,
             then
             those
             upon
             which
             
               Peter
               du
               Moulin
            
             offer'd
             to
             preach
             the
             Gospel
             at
             Rome
             ?
             viz.
             
               That
               if
               the
            
             Pope
             
               would
               give
               him
               Leave
               to
               preach
               at
            
             Rome
             ,
             
               he
               would
               be
               contented
               to
               preach
               in
               a
            
             Fool
             's
             Coat
             .
             I
             question
             if
             the
             Presbyterian
             can
             go
             so
             far
             ,
             I
             am
             sure
             he
             could
             not
             ;
             and
             as
             sure
             ,
             that
             
               Peter
               du
               Moulin
            
             hop't
             by
             preaching
             there
             in
             a
             
               Fool
               's
               Coat
            
             ,
             to
             inculcate
             that
             Doctrine
             which
             should
             un-Mitre
             the
             Pope
             ,
             and
             alter
             his
             Church
             ,
             the
             very
             Thing
             the
             
               Church
               of
               England
            
             ought
             to
             fear
             :
             For
             
               Peter
               du
               Moulin
            
             intended
             to
             preach
             in
             a
             
               Fool
               's
               Coat
            
             no
             longer
             ,
             but
             till
             he
             had
             preacht
             the
             People
             Wise
             enough
             to
             throw
             it
             off
             again
             .
             So
             the
             Presbyterians
             ,
             they
             may
             conform
             to
             certain
             Ceremonies
             (
             once
             as
             sinful
             to
             them
             ,
             as
             a
             
               Fool
               's
               Coat
            
             could
             be
             ridiculous
             to
             
               Peter
               du
               Moulin
            
             )
             that
             they
             may
             the
             better
             
               introduce
               their
            
             Alterations
             
               both
               in
               Doctrine
               and
               Discipline
            
             .
          
           
             But
             that
             which
             ought
             to
             go
             a
             great
             Way
             with
             our
             Superiours
             in
             their
             Judgment
             of
             this
             Matter
             ,
             is
             not
             only
             the
             Benefit
             of
             a
             Ballance
             against
             the
             Presumtion
             of
             any
             one
             Party
             ,
             and
             the
             Probability
             ,
             if
             not
             Certainty
             of
             their
             never
             being
             overdriven
             by
             any
             one
             Perswasion
             whilst
             they
             have
             others
             to
             more
             then
             poiz
             against
             the
             growing
             Power
             of
             it
             ;
             but
             the
             Conceit
             it self
             ,
             if
             not
             altogether
             impracticable
             ,
             is
             at
             least
             very
             difficult
             to
             the
             Promotors
             ,
             and
             an
             Office
             as
             thankless
             from
             the
             Parties
             concern'd
             .
             This
             appears
             in
             the
             Endeavours
             used
             for
             a
             Comprehension
             of
             Arrians
             and
             Homousians
             under
             one
             Orthodoxy
             ,
             related
             not
             only
             in
             our
             common
             
               Ecclefiastical
               History
            
             ,
             but
             more
             amply
             in
             the
             Writings
             of
             Hilary
             ,
             an
             Enemy
             to
             the
             Arrians
             ,
             and
             
             Mariana's
             Spanish
             History
             .
             These
             publick
             Tests
             ,
             or
             comprehensive
             Creeds
             were
             many
             ,
             
               Nice
               ,
               Ariminum
               ,
               Sirminium
            
             ,
             &c.
             in
             order
             to
             agree
             both
             Parties
             ,
             that
             neither
             might
             stigmatize
             the
             other
             with
             the
             odious
             Crime
             of
             Heresie
             ;
             but
             the
             Consequence
             of
             all
             this
             Convocation
             and
             prolix
             Debate
             was
             ,
             that
             neither
             Party
             could
             be
             satisfied
             ,
             each
             continuing
             their
             former
             Sentiments
             ,
             and
             so
             grew
             up
             into
             stronger
             Fractions
             ,
             to
             the
             Division
             ,
             Distraction
             ,
             and
             almost
             Destruction
             of
             the
             whole
             Empire
             ;
             recover'd
             a
             little
             by
             the
             prudent
             Moderation
             of
             Jovianus
             ,
             and
             much
             improved
             ,
             not
             by
             
             a
             Comprehension
             ,
             but
             Restauration
             of
             
               a
               Seasonable
               Liberty
               of
               Conscience
            
             by
             
               Theodosius
               Magnus
            
             .
          
           
             Also
             in
             Germany
             about
             the
             Time
             of
             the
             Reformation
             ,
             nothing
             seemed
             more
             sincere
             then
             the
             Design
             of
             Union
             between
             the
             Lutherans
             and
             Zuinglians
             :
             For
             Luther
             and
             Zuinglius
             themselves
             by
             the
             earnest
             Endeavours
             of
             the
             Landgrave
             of
             Hessen
             ;
             came
             together
             ;
             but
             the
             Success
             was
             so
             small
             ,
             notwithstanding
             the
             
             Grave's
             Mediation
             ,
             that
             they
             parted
             scarcely
             Civil
             ;
             To
             be
             sure
             ,
             as
             far
             from
             Unity
             as
             Controversie
             is
             .
             Luther
             &
             
               Cardinal
               Cajeten
            
             met
             for
             a
             Composure
             of
             the
             Breach
             betwixt
             the
             Protestants
             and
             the
             Pope
             ;
             but
             they
             were
             too
             wide
             for
             those
             Conferences
             to
             reconcile
             ,
             no
             Comprehension
             could
             do
             the
             Business
             .
             A
             second
             Essay
             to
             the
             same
             Purpose
             was
             by
             
               Melanchton
               ,
               Cassander
            
             &
             others
             ;
             the
             Consequence
             of
             it
             was
             ,
             that
             the
             Parties
             were
             displeased
             ,
             and
             the
             Heads
             suspected
             ,
             if
             not
             hated
             of
             their
             Followers
             :
             Nor
             had
             
             Bucer's
             Meeting
             with
             
               Julius
               Pflugg
            
             any
             better
             Success
             .
             And
             how
             fruitless
             their
             Contrivances
             have
             been
             ,
             that
             with
             greatest
             Art
             and
             Industry
             have
             of
             a
             long
             Time
             endeavoured
             a
             Reconciliation
             of
             Lutherans
             and
             Calvinists
             ,
             is
             well
             known
             to
             those
             that
             are
             acquainted
             with
             the
             Affairs
             of
             Germany
             ;
             and
             such
             as
             are
             not
             ,
             may
             furnish
             themselves
             from
             those
             publick
             Relations
             given
             by
             those
             that
             are
             employed
             about
             that
             Accommodation
             ;
             where
             besides
             a
             dull
             and
             heavy
             Progress
             ,
             the
             Reader
             may
             be
             a
             Witness
             of
             their
             Complaint
             ,
             not
             only
             that
             both
             Parties
             are
             too
             tenacious
             ,
             but
             that
             they
             suffer
             Detraction
             for
             their
             good
             Endeavours
             ,
             each
             Side
             grudging
             every
             Tittle
             they
             yield
             ,
             and
             murmuring
             as
             if
             they
             were
             too
             hardly
             born
             upon
             .
             And
             if
             Persons
             so
             disinterested
             ,
             and
             worthy
             in
             their
             Attempts
             have
             had
             no
             better
             Issue
             ,
             I
             cannot
             see
             how
             those
             who
             seem
             compell'd
             by
             Worldly
             Interest
             more
             then
             Conscience
             to
             seek
             and
             propagate
             a
             Comprehension
             ,
             especially
             ,
             when
             it
             determins
             in
             the
             Persecution
             of
             the
             rejected
             Perswasions
             ,
             can
             with
             any
             Reason
             expect
             from
             God
             or
             Good
             Men
             any
             better
             Success
             to
             their
             Design
             .
          
           
             Lastly
             ,
             there
             is
             nothing
             any
             Man
             toucht
             with
             Justice
             and
             Mercy
             ,
             can
             alledge
             for
             a
             Comprehension
             ,
             that
             may
             not
             be
             much
             better
             urg'd
             to
             procure
             a
             Toleration
             ;
             they
             are
             Men
             as
             well
             as
             those
             of
             other
             Perswasions
             ,
             their
             Faith
             is
             as
             Christian
             ,
             they
             believe
             as
             sincerely
             ,
             live
             as
             conscientiously
             ,
             are
             as
             useful
             in
             the
             Kingdom
             ,
             and
             mannage
             their
             
             Dissent
             with
             as
             much
             Modesty
             &
             Prudence
             ,
             the
             Church
             of
             England
             her self
             being
             in
             a
             great
             Measure
             Judge
             ,
             as
             those
             on
             whose
             Account
             a
             Comprehension
             may
             be
             intended
             :
             To
             be
             sure
             they
             are
             English
             Men
             ,
             and
             have
             an
             Equal
             Claim
             to
             the
             Civil
             Rights
             of
             their
             Native
             Country
             ,
             with
             any
             that
             live
             in
             it
             ,
             whom
             to
             persecute
             ,
             whilest
             others
             ,
             and
             those
             no
             better
             Men
             ,
             are
             tolerated
             ,
             is
             ,
             as
             I
             have
             already
             said
             ,
             
               The
               Unreasonable
               and
               Unmerciful
               Doctrine
               of
               absolute
               Election
               and
               Reprobation
               put
               in
               Practice
               .
            
          
        
         
           
             III.
             A
             SINCERE
             PROMOTION
             of
             General
             &
             
               Practical
               RELIGION
            
             .
          
           
             I
             am
             now
             come
             to
             the
             last
             ,
             which
             to
             be
             sure
             ,
             is
             not
             the
             least
             Part
             of
             my
             Answer
             to
             the
             Question
             propounded
             ,
             viz.
             The
             
               Sincere
               Promotion
               of
               general
               and
               practical
               Religion
               ,
            
             by
             which
             I
             mean
             the
             
               Ten
               Commandments
            
             ,
             or
             moral
             Law
             ,
             and
             
               Christ's
               Sermon
               upon
               the
               Mount
            
             ,
             with
             other
             Heavenly
             Sayings
             ,
             excellently
             improved
             ,
             and
             earnestly
             recommended
             by
             several
             Passages
             in
             the
             Writings
             of
             his
             Disciples
             ,
             which
             forbid
             Evil
             ,
             not
             only
             in
             Deed
             ,
             but
             Thought
             ;
             and
             injoyn
             Purity
             &
             Holiness
             ,
             as
             
               without
               which
               no
               Man
            
             ,
             be
             his
             Pretences
             what
             they
             will
             ,
             
               shall
               ever
               see
               God.
            
             In
             short
             ,
             General
             ,
             True
             and
             Requisite
             Religion
             in
             the
             Apostle
             
             James's
             Definition
             is
             ,
             
               To
               visit
               the
               Widow
               and
               the
               Fatherless
               ,
               and
               to
               keep
               our selves
               ,
            
             through
             the
             Universal
             Grace
             ,
             
               unspotted
               of
               the
               World
            
             :
             This
             is
             ,
             as
             the
             most
             sacred
             ,
             so
             the
             most
             easie
             &
             probable
             Way
             to
             fetch
             in
             all
             Men
             professing
             God
             &
             Religion
             ;
             for
             that
             every
             Perswasion
             acknowledges
             this
             in
             Words
             ,
             be
             their
             Lives
             never
             so
             incongruous
             with
             their
             Confession
             ;
             And
             this
             being
             the
             
               Unum
               necessarium
            
             ,
             that
             One
             Thing
             only
             requisite
             to
             make
             Men
             happy
             here
             and
             hereafter
             ,
             why
             should
             Men
             sacrifice
             their
             Accord
             in
             
               this
               great
               Point
            
             for
             an
             Unity
             in
             minute
             or
             circumstantial
             Things
             ,
             that
             perhaps
             inobtainable
             ,
             and
             if
             it
             were
             not
             ,
             would
             signifie
             little
             or
             nothing
             ,
             either
             to
             the
             Good
             of
             Human
             Society
             ,
             or
             the
             particular
             Comfort
             of
             any
             individual
             in
             that
             World
             which
             is
             to
             come
             ?
             No
             one
             Thing
             is
             more
             senseless
             and
             condemnable
             among
             Men
             ,
             then
             their
             Uncharitable
             &
             Mutinous
             Clamours
             and
             Contests
             about
             Religion
             ,
             indeed
             about
             Words
             &
             Phrases
             ,
             whilst
             they
             all
             verbany
             meet
             
             in
             the
             most
             ,
             if
             not
             only
             necessary
             Part
             of
             Christian
             Religion
             :
             For
             nothing
             is
             more
             certain
             ,
             then
             if
             Men
             would
             but
             live
             up
             to
             one
             half
             of
             what
             they
             know
             in
             their
             own
             Consciences
             they
             ought
             to
             practise
             ,
             their
             Edge
             would
             be
             taken
             off
             ,
             their
             Blood
             would
             be
             sweetned
             by
             Mercy
             and
             Truth
             ,
             and
             this
             unnatural
             Sharpness
             qualified
             ;
             they
             would
             quickly
             find
             Work
             enough
             at
             home
             ;
             each
             Man's
             Hands
             would
             be
             full
             by
             the
             Unruliness
             of
             his
             own
             Passions
             ,
             and
             in
             Subjection
             of
             his
             own
             Will
             ;
             and
             instead
             of
             devouring
             one
             another's
             
               Good
               Name
               ,
               Liberty
            
             ,
             or
             
               Estate
               ,
               Compassion
            
             would
             rise
             ,
             and
             mutual
             Desires
             to
             be
             assistent
             to
             one
             another
             in
             a
             better
             Sort
             of
             Living
             .
             Oh
             how
             decent
             ,
             how
             delightful
             would
             it
             be
             ,
             to
             see
             Mankind
             (
             the
             Creation
             of
             one
             God
             ,
             that
             hath
             upheld
             them
             to
             this
             Day
             )
             of
             one
             Accord
             ,
             at
             least
             in
             the
             weighty
             Things
             of
             God's
             
               practical
               Law
            
             !
             'T
             is
             Want
             of
             Practice
             ,
             and
             too
             much
             Prate
             ,
             that
             hath
             made
             Way
             for
             all
             the
             Incharity
             and
             
               Ill
               living
            
             that
             is
             in
             the
             World.
             No
             Matter
             what
             Men
             say
             ,
             if
             the
             Devil
             keep
             the
             House
             :
             Let
             the
             
               Grace
               of
               God
            
             ,
             the
             
               Principle
               of
               Divine
               Life
            
             (
             as
             a
             great
             Man
             lately
             call'd
             it
             in
             his
             Speech
             )
             but
             be
             heartily
             and
             reverently
             entertained
             of
             men
             ,
             that
             
               teaches
               to
               deny
               Ungodliness
               ,
               and
               converse
               Soberly
               ,
               Righteously
               and
               Godlily
               in
               this
               present
               evil
               World
            
             ;
             and
             it
             is
             not
             to
             be
             doubted
             but
             Tranquillity
             ,
             and
             a
             very
             
               amicable
               Correspondence
            
             will
             follow
             .
             Men
             are
             not
             to
             be
             reputed
             Good
             by
             their
             Opinion
             ;
             nor
             is
             that
             ,
             nor
             ought
             it
             to
             be
             offensive
             to
             the
             Government
             ;
             but
             Practice
             is
             what
             must
             save
             or
             damn
             ,
             temporally
             or
             eternally
             .
             Christ
             in
             his
             Representation
             of
             the
             Great
             Day
             ,
             doth
             not
             tell
             us
             that
             it
             shall
             be
             Well
             SAID
             ,
             or
             Well
             TALKT
             ,
             but
             Well
             DONE
             
               good
               and
               faithful
               Servant
            
             :
             neither
             is
             the
             
               Depart
               from
               me
            
             YOU
             ,
             directed
             to
             any
             but
             the
             
               Workers
               of
               Iniquiry
               .
               Error
            
             now
             is
             brought
             from
             the
             Signification
             of
             an
             
               Evil
               Life
            
             to
             an
             
               unsound
               Proposition
            
             ,
             as
             Philosophy
             is
             from
             Mortification
             ,
             and
             well
             living
             to
             an
             
               Unintelligible
               Way
               of
               Wrangling
            
             .
             And
             a
             man
             is
             more
             bitterly
             harrac'd
             for
             an
             
               Erroneous
               Proposition
            
             ,
             though
             the
             Party
             holding
             it
             thinks
             not
             so
             ,
             and
             the
             Party
             charging
             it
             denies
             all
             Infallible
             Judgment
             in
             this
             World
             (
             so
             that
             it
             may
             as
             well
             be
             true
             as
             false
             for
             all
             him
             )
             then
             for
             the
             
               most
               dissolute
               Life
            
             .
             And
             truly
             it
             is
             
               high
               Time
            
             ,
             that
             Men
             should
             give
             
               better
               Testimony
            
             of
             their
             Christianity
             ;
             for
             Cruelty
             hath
             
               no
               Share
            
             in
             
               Christ's
               Religion
            
             ,
             and
             Coertion
             upon
             Conscience
             is
             utterly
             inconsistent
             with
             the
             very
             Nature
             of
             his
             Kingdom
             :
             He
             rebuked
             that
             Zeal
             ,
             which
             would
             
             have
             Fire
             from
             Heaven
             to
             devour
             Dissenters
             ,
             though
             it
             came
             from
             his
             own
             Disciples
             ;
             and
             forbad
             them
             to
             
               pluck
               up
               the
               Tares
            
             ,
             though
             none
             had
             a
             more
             gentle
             or
             infallible
             Hand
             to
             do
             it
             by
             :
             He
             preferr'd
             Mercy
             before
             Sacrifice
             ,
             and
             therefore
             we
             may
             well
             believe
             ,
             that
             the
             Unmerciful
             Sacrifices
             some
             Men
             now
             offer
             ,
             I
             mean
             ,
             
               Imprisoning
               Persons
               ,
               spoiling
               of
               Goods
               ,
               and
               leaving
               whole
               Families
               destitute
               of
               common
               Subsistence
               ,
            
             are
             far
             from
             being
             grateful
             to
             him
             ,
             who
             therefore
             came
             into
             the
             World
             ,
             and
             preacht
             that
             Heavenly
             Doctrine
             of
             Forbearing
             ,
             and
             
               Loving
               of
               Enemies
            
             ,
             and
             laid
             down
             his
             most
             Innocent
             Life
             for
             us
             ,
             whilst
             we
             were
             Rebels
             ,
             that
             by
             such
             peaceable
             Precepts
             and
             so
             patient
             an
             Example
             the
             World
             might
             be
             prevailed
             upon
             to
             leave
             those
             Barbarous
             Courses
             :
             And
             doubtless
             ,
             very
             lamentable
             will
             their
             Condition
             be
             ,
             who
             at
             the
             Coming
             of
             the
             great
             Lord
             shall
             be
             found
             Beaters
             of
             their
             
               Fellow
               Servants
            
             .
             In
             vain
             do
             Men
             
               go
               to
               Church
               ,
               pray
               ,
               preach
               ,
               and
               style
               themselves
               Believers
               ,
               Christians
               ,
               Children
               of
               God
               ,
               &c.
            
             whilst
             such
             Acts
             of
             Severity
             are
             practised
             ,
             and
             any
             Disposition
             to
             molest
             harmless
             Neighbours
             for
             their
             Conscience
             ,
             so
             much
             as
             countenanc'd
             .
             A
             Course
             quite
             repugnant
             to
             Christ's
             Doctrine
             and
             Example
          
           
             In
             short
             ;
             the
             promoting
             of
             this
             
               General
               Religion
            
             by
             a
             severe
             
               Reprehension
               and
               Punishment
               of
               Vice
            
             ,
             and
             
               Encouragement
               of
               Virtue
            
             ,
             is
             the
             
               Interest
               of
               our
               Superiours
            
             several
             Wayes
             .
          
           
             1.
             
             In
             that
             it
             meets
             with
             ,
             and
             takes
             in
             all
             the
             Religious
             Perswasions
             of
             the
             Kingdom
             ;
             
               Penal
               Laws
               for
               Religion
               is
               a
               Church
               with
               a
               Sting
               in
               her
               Tail
            
             ;
             take
             that
             out
             ,
             and
             there
             is
             no
             Fear
             of
             the
             Peoples
             Love
             and
             Duty
             :
             And
             what
             better
             Obligation
             or
             Security
             can
             the
             Civil
             Magistrate
             desire
             ?
             Every
             Man
             owns
             the
             Text
             ;
             't
             is
             the
             Comment
             that
             's
             disputed
             :
             Let
             it
             but
             please
             him
             to
             make
             the
             Text
             only
             sacred
             and
             necessary
             ,
             and
             so
             leave
             Men
             to
             keep
             Company
             with
             their
             own
             Meanings
             and
             Consequences
             ,
             and
             he
             not
             only
             prudently
             takes
             in
             all
             ,
             but
             suppresseth
             nice
             Searches
             ,
             fixes
             Unity
             upon
             Materials
             ,
             quiets
             present
             Differences
             about
             Things
             of
             lesser
             Moment
             ,
             retrives
             Humanity
             and
             Christian
             Clemency
             ,
             and
             fills
             the
             Kingdom
             with
             Love
             and
             Respect
             to
             their
             Governours
             .
          
           
             2.
             
             Next
             ,
             A
             Promotion
             of
             general
             Religion
             ,
             it
             being
             in
             it self
             practical
             ,
             brings
             back
             again
             ancient
             Virtue
             :
             Good
             Living
             will
             thrive
             in
             this
             Soil
             ;
             Men
             will
             grow
             Honest
             ,
             Trusty
             and
             Temperate
             ;
             we
             may
             expect
             good
             Neighbourhood
             and
             Cordial
             Friendship
             ;
             one
             
             may
             depend
             more
             upon
             a
             Word
             then
             now
             upon
             an
             Oath
             .
             How
             lamentable
             is
             it
             to
             see
             People
             afraid
             of
             one
             onother
             ;
             Men
             made
             and
             provided
             for
             of
             one
             God
             ,
             and
             that
             must
             be
             judged
             by
             that
             one
             Eternal
             God
             ,
             yet
             full
             of
             Diffidence
             in
             what
             each
             other
             sayes
             ,
             and
             most
             commonly
             interpret
             as
             People
             read
             Hebrew
             ,
             all
             Things
             that
             are
             spoaken
             backward
             .
          
           
             3.
             
             The
             third
             Benefit
             is
             ,
             that
             Men
             will
             be
             more
             industrious
             ;
             more
             diligent
             in
             their
             lawful
             Callings
             ,
             which
             will
             encrease
             our
             Manufacture
             ,
             set
             the
             Idle
             and
             Poor
             to
             work
             for
             their
             Livelyhood
             ,
             and
             enable
             the
             several
             Countries
             with
             more
             Ease
             and
             Decency
             to
             maintain
             the
             Aged
             and
             Impotent
             among
             them
             .
             Nor
             will
             this
             only
             make
             the
             
               Lazy
               conscientiously
               industrious
            
             ,
             but
             the
             Industrious
             and
             
               Conscientious
               Man
               Chearful
            
             at
             his
             Labour
             ,
             when
             he
             is
             assured
             to
             keep
             what
             he
             Works
             for
             ,
             and
             that
             the
             
               Sweat
               of
               his
               Brows
            
             shall
             not
             be
             made
             a
             Forfeit
             for
             his
             Conscience
             .
          
           
             4.
             
             It
             will
             render
             the
             Magistrates
             Province
             more
             facil
             ,
             and
             Government
             a
             safe
             as
             well
             as
             easie
             Thing
             ;
             for
             as
             Tacitus
             sayes
             of
             
             Agricola's
             instructing
             the
             Brittains
             in
             Arts
             and
             Sciences
             ,
             and
             using
             them
             with
             more
             Humanity
             then
             other
             Governours
             had
             done
             ,
             that
             it
             made
             them
             fitter
             for
             Government
             :
             So
             if
             that
             practical
             Religion
             ,
             and
             the
             Laws
             made
             to
             maintain
             it
             ,
             were
             duely
             regarded
             ,
             the
             very
             Natures
             of
             Men
             now
             wild
             and
             froward
             by
             Cross
             and
             Jealous
             Interests
             ,
             would
             learn
             Moderation
             ,
             and
             see
             it
             to
             be
             by
             far
             their
             greatest
             Interest
             to
             pursue
             sober
             and
             amicable
             Conversation
             ,
             which
             would
             rid
             the
             Magistrate
             of
             much
             of
             his
             present
             Trouble
             :
             And
             the
             Truth
             is
             ,
             't
             is
             a
             Piece
             of
             Slavery
             to
             have
             the
             Regiment
             of
             Ignorants
             and
             Ruffains
             ;
             but
             there
             is
             true
             Glory
             and
             Royalty
             in
             having
             the
             Government
             of
             Men
             instructed
             in
             the
             Justice
             and
             Prudence
             of
             their
             own
             Laws
             and
             Country
             .
          
           
             Lastly
             ,
             Heaven
             will
             prosper
             so
             natural
             ,
             so
             noble
             ,
             and
             so
             
               Christian
               an
               Essay
            
             ,
             which
             ought
             not
             to
             be
             the
             least
             Consideration
             with
             a
             good
             Magistrate
             ;
             and
             the
             rather
             ,
             because
             the
             Neglect
             of
             this
             practical
             Religion
             hath
             been
             the
             Ruin
             of
             Kingdoms
             and
             Common
             Wealths
             among
             
               Heathens
               ,
               Jews
            
             and
             Christians
             .
             This
             laid
             Tarquin
             low
             ,
             and
             his
             Race
             never
             rose
             more
             .
             How
             puissant
             was
             Lacedaemon
             and
             Athens
             in
             Greece
             ,
             till
             Luxury
             had
             eaten
             out
             their
             Severity
             ,
             and
             a
             pomp●…●…ing
             ,
             contrary
             to
             their
             Excellent
             Laws
             ,
             render'd
             their
             Execution
             intolerable
             ?
             And
             was
             not
             
             Hannibal's
             
             Army
             a
             Prey
             to
             their
             own
             Idleness
             and
             Pleasure
             ,
             which
             by
             esseminating
             their
             Natures
             conquer'd
             them
             ,
             when
             the
             whole
             Power
             of
             Rome
             could
             not
             do
             it
             ?
             What
             else
             betray'd
             Rome
             to
             
             Caesar's
             Ambition
             ;
             and
             madeway
             for
             the
             after
             Rents
             and
             Divisions
             of
             the
             Empire
             ?
             The
             Conquest
             and
             Inheritance
             of
             a
             well
             govern'd
             People
             for
             several
             Ages
             ,
             as
             long
             as
             their
             Manners
             lasted
             .
             The
             Jews
             in
             like
             Manner
             were
             prosperous
             while
             they
             keept
             the
             Statutes
             and
             Judgments
             of
             their
             God
             ;
             but
             when
             they
             became
             rebellious
             and
             dissolute
             ,
             the
             Almighty
             either
             visited
             them
             from
             Heaven
             ,
             or
             exposed
             them
             to
             the
             Fury
             of
             their
             Neighbours
             .
             Nothing
             else
             sent
             Zedekiah
             to
             Babylon
             ,
             and
             gave
             him
             and
             the
             people
             a
             Prey
             to
             Nebuchadnezar
             and
             his
             Army
             .
          
           
             
               Neglect
               of
               Laws
               and
               dissolute
               Living
               ,
            
             Andrew
             Horn
             (
             that
             lived
             in
             the
             Time
             of
             Edw.
             the
             ●st
             .
             as
             before
             cited
             )
             tells
             us
             ,
             was
             the
             
               Cause
               of
               their
               miserable
               Thraldom
               and
               Desolation
               the
            
             Brittains
             
               sustained
               by
               Invaders
               and
               Conquerers
            
             .
             And
             pray
             ,
             what
             else
             hath
             been
             the
             English
             of
             our
             
               sweeping
               Pestilence
            
             and
             
               dreadful
               Fires
            
             of
             late
             Years
             ?
             Hundreds
             of
             Examples
             might
             be
             brought
             in
             this
             Case
             ;
             but
             their
             Frequency
             shall
             excuse
             me
             .
          
           
             Thus
             have
             I
             honestly
             and
             plainly
             clear'd
             my
             Conscience
             for
             my
             Country
             ,
             and
             answer'd
             ,
             I
             hope
             ,
             modestly
             ,
             and
             though
             briefly
             ,
             yet
             fully
             the
             Import
             of
             the
             Question
             propounded
             ,
             with
             Honour
             to
             the
             Magistrate
             ,
             and
             Safety
             to
             the
             People
             by
             an
             happy
             Conjunction
             of
             their
             Interests
             .
             I
             shall
             co●●lude
             ,
          
           
             
               That
               as
               greater
               Honour
               and
               Wisdom
               cannot
               well
               be
               attributed
               to
               any
               Sort
               of
               Men
               ,
               then
               for
               our
               Superiours
               ,
               under
               their
               Circumstances
               ,
               to
               be
               sought
               to
               by
               all
            
             Perswasions
             ,
             
               consided
               in
               by
               all
            
             Perswasions
             ,
             
               and
               obey'd
               by
               all
            
             Peswasions
             ;
             
               and
               to
               make
               those
            
             Perswasions
             
               know
               ,
               that
               it
               is
               their
            
             Interest
             
               so
               to
               do
               ,
               as
               well
               as
               that
               it
               is
               the
            
             Interest
             
               of
               our
               Superiours
               ,
               they
               should
               ,
               which
               the
               Expedients
               proposed
               naturally
               tend
               to
               ;
               So
               ,
               for
               a
               further
               Inducement
               to
               embrace
               them
               ,
               let
               it
               be
               constantly
               remembred
               ,
               that
               the
            
             Interest
             
               of
               our
            
             English
             Governours
             
               is
               like
               to
               stand
               longer
               upon
               the
               Leggs
               of
               the
            
             English
             People
             ,
             
               then
               of
               the
            
             English
             Church
             ;
             
               since
               the
               one
               takes
               in
               the
               Strength
               of
               all
            
             Interests
             ,
             
             
               the
               other
               leaves
               out
               all
               but
               her
               own
               ;
               and
               it
               may
               happen
               that
               the
            
             English
             Church
             
               may
               fail
               ,
               or
               go
               travail
               again
               ,
               but
               it
               is
               not
               probable
               that
            
             English
             People
             
               should
               do
               either
               ,
               while
            
             Property
             
               is
               preserved
               ,
               a
            
             Ballance
             
               kept
               ,
               General
            
             Religion
             
               propagated
               ,
               and
               the
            
             World
             continues
             .
          
           
             May
             all
             this
             prevail
             with
             our
             Superiours
             to
             make
             the
             best
             Use
             of
             their
             little
             Time
             ,
             remembring
             in
             the
             midst
             of
             all
             their
             Power
             and
             Grandeur
             that
             they
             carry
             Mortality
             about
             them
             ,
             and
             are
             equally
             liable
             to
             the
             Scrutiny
             and
             Judgment
             of
             the
             
               last
               Day
            
             with
             the
             poorest
             Peasant
             ,
             and
             that
             they
             have
             a
             great
             Stewardship
             to
             account
             for
             ;
             that
             Moderation
             and
             Virtue
             being
             their
             Course
             ,
             they
             for
             the
             future
             shall
             steer
             ,
             after
             having
             faithfully
             discharg'd
             that
             Grand
             Trust
             reposed
             in
             them
             by
             God
             and
             this
             Free-People
             ,
             they
             may
             with
             Comfort
             to
             their
             Souls
             ,
             and
             Honour
             to
             their
             Names
             and
             Actions
             ,
             safely
             anchor
             in
             the
             Haven
             of
             Eternal
             Blessedness
             :
             So
             prayes
             with
             much
             Sincerity
             ,
          
           
             
               An
               English-Christian-Man
               ,
               William
               Penn.
               
            
          
        
      
       
         
         
           A
           Corollary
           .
        
         
           THat
           the
           People
           are
           under
           a
           great
           Dissatisfaction
           .
        
         
           That
           the
           Way
           to
           
             quiet
             Differences
          
           ,
           and
           render
           contrary
           
             Interests
             subservient
          
           to
           the
           Interest
           of
           the
           Government
           ,
           is
           ,
        
         
           First
           ,
           
             To
             maintain
             inviolably
             the
             Rights
             of
             it
             ,
             viz.
          
           Liberty
           and
           Property
           ,
           Legislation
           and
           Juries
           ,
           
             without
             Neglect
             .
             That
             slighting
             and
             Infringing
             them
             hath
             been
             the
          
           Injury
           of
           Prince
           and
           People
           ,
           
             and
             early
             or
             late
             the
             Ruin
             of
             the
             Contrivers
             of
             so
             ill
             Designs
             ;
             and
             when
             all
             has
             been
             done
             ,
             the
             only
             Expedient
             has
             been
             ,
             to
             come
             back
             again
             to
          
           English
           Law
           :
           
             This
             takes
             in
             all
             ,
             pleases
             all
             ,
             because
             it
          
           secures
           and
           profits
           all
           ;
           sacrificing
           Priviledges
           
             for
             the
             sake
             of
          
           Conformity
           ,
           
             makes
             a
             Breach
             upon
             the
          
           Civil
           Government
           ,
           
             alienates
             the
          
           Peoples
           Affections
           
             from
             their
          
           Prince
           ,
           lodges
           Property
           
             in
             the
             Church
             ,
             so
             as
             none
             can
             come
             at
             it
             ,
             but
             through
             Obedience
             to
             her
          
           Rites
           ;
           
             for
             she
             at
             this
             Rate
             has
             the
             keeping
             of
             it
             ,
             a
             Thing
          
           Unknown
           ,
           
             as
             well
             as
          
           Unsafe
           
             to
             the
             Ancient
          
           English
           Government
           .
        
         
           2dly
           ,
           
             That
             the
          
           Prince
           
             govern
             himself
             upon
             a
          
           Ballance
           
             towards
             all
          
           Religious
           Interests
           ;
           
             that
             this
             best
             poizes
             Parties
             to
             his
          
           Security
           ,
           
             renders
             him
          
           Master
           
             of
             an
             universal
             Affection
             ,
             and
             makes
             him
             truly
             and
             safely
          
           Prince
           of
           
             all
             his
             Country
             ;
             but
             the
             contrary
             Course
             narrows
             his
          
           Justice
           and
           Mercy
           ,
           
             makes
             the
             Government
             to
             shine
             but
             upon
             one
             Patch
             of
             the
             Kingdom
             ;
             to
             be
             Just
             but
             to
             one
             Party
             ,
             and
             disinherit
             the
             rest
             from
             their
          
           Birth-right
           ;
           
             that
             this
             Course
             ends
             in
             great
             Disadvantage
             to
             the
          
           Peace
           ,
           Plenty
           and
           Safety
           of
           Prince
           and
           People
           .
        
         
         
           3dly
           ,
           And
           lastly
           ,
           
             Instead
             of
             being
             Uncharitable
             ,
             Severe
             and
             Cruel
             for
          
           Modifications
           ,
           
             let
             them
             sleep
             ,
             and
             General
             and
          
           Practical
           Religion
           
             be
             promoted
             ,
             that
             which
             receives
             an
          
           Amen
           
             in
             every
             Man's
             Conscience
             ,
             from
             the
          
           Principle
           of
           Divine
           Life
           
             (
             as
             the
          
           Lord
           Keeper
           
             well
             call'd
             it
             ,
             in
          
           every
           Breast
           :
           
             That
             all
             agree
             in
             the
             most
             weighty
             Doctrines
             ;
             and
             that
             nothing
             will
             sooner
             sweeten
             Mens
             Blood
             ,
             and
             mollifie
             their
             Natures
             ,
             then
             employing
             that
             Time
             and
             Pains
             they
             bestow
             on
             fruitless
             Contests
             ,
             in
          
           Living
           up
           to
           what
           they
           both
           Know
           ,
           Believe
           and
           Accord
           in
           ;
           
             that
             this
             leaves
             Men
             to
             keep
             Company
             with
             their
             own
          
           Comments
           ,
           
             and
             makes
             the
          
           Text
           only
           Sacred
           ,
           and
           Holy
           Living
           necessary
           ,
           
             not
             only
             to
             Heavenly
             ,
             but
             Earthly
             Places
             ,
             I
             mean
             ,
             Preferments
             ,
             whence
          
           Virtue
           
             becomes
             the
             Door
             to
          
           Favour
           ,
           and
           Conscience
           
             (
             now
             smothered
             in
             the
             Crowd
             of
          
           Sinister
           Interests
           )
           
             the
             Noble
          
           Rule
           of
           Living
           .
        
         
           
             God
             Almighty
             ,
             if
             it
             please
             him
             ,
             beget
             Noble
             Resolutions
             in
             the
             Hearts
             of
             our
          
           Superiours
           
             to
             use
             these
             plain
             &
             safe
          
           Expedients
           ,
           that
           Charity
           
             may
             supplant
          
           Cruelty
           ,
           Contest
           
             yield
             to
          
           Good
           Life
           ,
           
             and
             present
          
           Distances
           
             meet
             in
             a
             Just
             and
             Kind
          
           Neighbourhood
           .
        
         
           Great
           and
           Honourable
           is
           that
           Prince
           ,
           Free
           and
           Happy
           that
           People
           ,
           where
           these
           Things
           take
           Place
           .
        
         
           
             W.
             P.
             
          
        
      
    
     
       
         
           ERRATA
           .
        
         
           Page
           6.
           l.
           30.
           read
           
             and
             may
          
           .
           p.
           12.
           r.
           Rege
           .
           Marg.
           r.
           Plut.
           f.
           162.
           r.
           126.
           f.
           19.
           r.
           350.
           p.
           14.
           l.
           13
           r.
           above
           .
           l.
           14.
           r.
           100.
           
           Marg.
           r.
           975.
           p.
           218.
           p.
           17.
           l.
           21.
           f
           gain'd
           .
           r
           restor'd
           .
           p.
           21.
           l.
           20.
           r.
           
             never
             so
          
           .
           p.
           23.
           l.
           20.
           r.
           there
           .
           p.
           35.
           l.
           16
           r.
           Rites
           .
           pag
           44.
           l.
           30.
           r.
           Sirmium
           .
           l.
           35.
           r.
           Factions
           .
           p.
           47.
           l.
           29.
           r.
           
             perhaps
             is
          
           .
           p.
           51.
           l.
           15.
           r.
           
             of
             the.
          
           
        
         
      
       
         Notes, typically marginal, from the original text
         
           Notes for div A54132-e1950
           
             Caesar
             .
             Com.
             Tacit.
             in
             vit
             .
             
               Agric.
               Dion
            
             .
             l.
             6.
             
             
               Beda
               .
               M.
               West
            
             .
             an
             .
             4
             16.
             l.
             1.
             c.
             17
             
          
           
             Hist
             .
             Germ.
             
          
           
             Concil
             .
             Brit.
             p.
             397.
             
          
           
             Ll.
             In●
             Lam.
             
          
           
             Miror
             .
             c.
             1.
             
             §.
             2.
             
          
           
             Miror
             .
             Just
             .
             c.
             1.
             
             §.
             3.
             
             §.
             2.
             c.
             4.
             
             §.
             11.
             
          
           
             Hoven
             .
             Eadmur
             .
             
               Histor
               .
               l.
               1.
               p.
            
             13.
             
             M.
             Paris
             ,
             
               in
               vit
            
             .
             Gulielm
             .
          
           
             Spicileg
             .
          
           
             Chro.
             Leichf
             .
          
           
             Ll.
             Gulielm
             .
             c.
             55.
             
          
           
             Ll.
             Gulielm
             .
             cap.
             42
             ,
             45.
             
             Gloss
             .
             227.
             
          
           
             Camb.
             Brit.
             Norf.
             
          
           
             Ll.
             Edw.
             
          
           
             Ll.
             Alfr.
             c.
             1.
             
             &
             31.
             
          
           
             Ll.
             Gulielm
             ,
             c.
             42
             ,
             45
             ,
             55
             Ll.
             Henr.
             1.
             cap.
             5.
             
          
           
             Caes
             .
             Comm.
             l
             5
             ,
             6.
             
             Dion
             .
             in
             vit
             .
             Sever.
             
          
           
             Tacit.
             in
             vit
             .
             Agric.
             c.
             12.
             
          
           
             Tacit.
             Hist
             .
             Germ.
             Plat.
             
               in
               vit
            
             .
             Sol.
             &
             Lyr.
             
          
           
             Concil
             .
             Brit.
             162.
             
             Ll.
             
               Sax
               Lam.
               Cant
               ab
            
             .
             f.
             1.
             
             Ibid.
             f.
             22.
             
          
           
             Ll.
             Ed.
             Lam.
             Cant.
             f.
             139.
             
          
           
             Ll.
             Sax.
             Lam
             
               p.
               1.
               
               Concil
            
             .
             Brit.
             19.
             
             Ingulph
             .
          
           
             Spelm.
             Gloss
             .
             Tit.
             Gemote
             ,
             f.
             261.
             
          
           
             Ll.
             Gulielm
             .
             c.
             55.
             
          
           
             Ll.
             Guliel
             .
             c.
             58.
             
             
               Spicileg
               .
               W.
               Malmbs
            
             ,
             Hist
             .
             
               p.
               101.
               
               Cart.
               moder
               .
               foeder
               .
               magn
               .
               sigil
               .
            
             ann
             .
             1.
             
             Joh.
             ex
             vet
             .
             Reg
             in
             Arch.
             Cantuar.
             Archiepiscop
             .
             
               Rot.
               Cart.
            
             ann
             .
             5.
             
             Joh.
             Memb.
             5
             n.
             29.
             
             
               Rot.
               Par.
            
             24.
             
             Edw.
             I.
             n.
             22.
             
          
           
             Rot.
             Par.
             40.
             
             Ed.
             3.
             n.
             78
             ;
          
           
             Ll.
             
               Sax.
               Lam
            
             ann
             .
             675.
             
          
           
             Ll.
             Etheld
             c.
             3.
             
             Lamb.
             
          
           
             Ll.
             Inae
             .
             Ll.
             Canut
             .
          
           
             Spicil
             .
             197.
             
          
           
             S●igand
             .
          
           
             9th
             .
             Hen.
             3.
             
          
           
             Ch.
             14.
             
          
           
             Ch.
             29.
             
          
           
             Cook
             ,
             Proaem
             .
             Instit
             .
             part
             .
             2.
             
          
           
             52.
             
             Hen.
             3.
             
             Stat.
             Marleb
             .
          
           
             Cook
             on
             c.
             4.
             of
             52.
             
             E.
             3.
             
             Inst
             .
             2.
             p.
             50.
             
          
           
             5.
             
             Ed.
             3.
             c.
             ●
             .
             25.
             
             Ed.
             3.
             c.
             4.
             17.
             
             R.
             c.
             6.
             
             Rot.
             Parl.
             42.
             
             Ed.
             3.
             c.
             3.
             
             Cook
             ,
             2.
             
             Inst
             .
             43.
             
             Stamf.
             
               pl.
               cor
            
             .
             p.
             150.
             
          
           
             ●●
             .
             Sax.
             Lam.
             Concil
             .
             Brit.
             219.
             
             Ingulph
             .
          
           
             
               Rot.
               Parl.
               13.
               
               Ed
            
             3.
             n.
             8.
             
             Cook
             ,
             4.
             
             Inst
             .
             fol.
             14.
             n.
             34.
             
          
           
             Praeambl
             .
             9.
             
          
           
             Henr.
             3.
             
          
           
             25.
             
             Ed.
             1.
             c.
             1.
             
          
           
             42.
             
             Ed.
             3.
             c.
             1.
             
             Rot.
             Parl.
             15.
             
             Edw.
             3.
             n.
             10
             ,
             37.
             
          
           
             Cook
             ,
             1.
             
             Inst
             .
             f.
             81.
             
             Cook
             ,
             2.
             
             Inst
             .
             f.
             525
             526.
             25.
             
             Edw.
             1.
             c.
             3.
             28
             
             Edw.
             1.
             c.
             1.
             25.
             
             Edw.
             1.
             c.
             4.