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            <author>Ashhurst, William, 1617-1680.</author>
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               <term>Lilburne, John, 1614?-1657.</term>
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            <p>REASONS AGAINST AGREEMENT with a late Printed Paper, intituled, <hi>Foundations of Freedome: OR,</hi> The Agreement of the PEOPLE. VVhereby it doth appear, that the Particulars propoſed in the ſaid Paper are not <hi>Foun<g ref="char:EOLhyphen"/>dations of Freedome,</hi> but of <hi>Tyrannie and Slaverie</hi> to the People being deſtructive to <hi>Religion, Laws, Liberty,</hi> and <hi>Government</hi>; againſt our <hi>Covenant</hi> and <hi>Proteſtations,</hi> and very dangerous and un<g ref="char:EOLhyphen"/>ſafe for the Kingdom.</p>
            <p>By WILLIAM ASHHURST Eſquire.</p>
            <p>
               <hi>LONDON:</hi> Printed for <hi>Tho: Underhill.</hi> 1648.</p>
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            <head>To the READER.</head>
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               <seg rend="decorInit">I</seg> Have no more to ſay to the Reader, but That when I had conſidered the Printed Paper, in<g ref="char:EOLhyphen"/>titled, <hi>Foundations of Freedome, Or an Agree<g ref="char:EOLhyphen"/>ment of the People</hi>; I was very much unſatiſ<g ref="char:EOLhyphen"/>fied with it, and ſo were others I met with: And finding that the differences upon it would fall out amongſt thoſe who are obliged to friendſhip and agree<g ref="char:EOLhyphen"/>ment both for the good of the Kingdom and their own good, I thought it unchriſtian and unſafe, to let ſo great diſ-ſatisfactions lye privately heating together, untill they might kindle into an hotter flame of diſcontent, eſpe<g ref="char:EOLhyphen"/>cially it having ever been (as it is ſtill) my opinion (which I have not hid) that differences in this caſe ſhould be end<g ref="char:EOLhyphen"/>ed by Reaſon, not by Oppoſition: And ſeeing the Pub<g ref="char:EOLhyphen"/>liſher of the Paper calls upon every man for his Reaſons againſt it, I have here brought him mine under my hand, wherein although I am ſenſible that I may diſcover my own weakneſſe and folly, yet I ever hating all private Con<g ref="char:EOLhyphen"/>trivances, or to do any thing of publick Concernment in a Corner, have judged it more honeſt (and that ſhall ever go for wiſdom with me) to uſe plain dealing, which if it be (according to the Proverb) a jewell, I am ſure was never more precious then at this time.</p>
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            <head>REASONS AGAINST <hi>Agreement</hi> with a late Printed Paper, Intituled, <hi>An Agreement of the People.</hi>
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               <seg rend="decorInit">T</seg>He Publiſher of this Paper called, <hi>An Agreement of the People,</hi> tells us, that it was tendered to the Conſideration of the Generall, and Counſell of the Army; but before it was approved by them (which I hope it never will) he held it juſt to be publiſhed, that men might offer their Reaſons againſt it: wherein he is ſo ingenious, that however both the Epiſtle and Paper might give occaſion to ſome perſonall Re<g ref="char:EOLhyphen"/>flections, yet I will onely give him fairly my Reaſons why I can<g ref="char:EOLhyphen"/>not agree to this Paper; having for the more clear proceeding firſt layed down the moſt principall parts of this Agreement, which (as I take it) is briefly, <hi>That the People who ſhall ſubſcribe this Paper ſhall agree, To take away this Parliament, And to chooſe an equall Repreſentative conſiſting of</hi> 300. <hi>men, who ſhall have full power with<g ref="char:EOLhyphen"/>out the Conſent or Concurrence of any other perſon or perſons,</hi> (either King or Houſe of Peers) <hi>to make, Repeal, Alter, and Declare Laws: and that none do reſiſt their Laws or Orders upon pain of death, except ſuch Repreſentatives expreſly violate this Agreement, and they ſhall have power to chooſe a Councell of State for the managing of publick affairs: But that they ſhall not have power to continue in force, or make any Laws, Oaths and Covenants, whereby to compell by penalties or otherwiſe any perſon to any thing in or about matters of Faiths, Religion, or Gods
<pb n="2" facs="tcp:54123:3"/>
worſhip, or to reſtrain any perſon from the profeſſing his Faiths, or exerciſe of Religion, according to his Conſcience in any houſe or place, except ſuch as are or ſhall be ſet apart for the publick worſhip, nevertheleſſe the Inſtru<g ref="char:EOLhyphen"/>ction or directing of the Nation in a publick way for the matters of faith, worſhip, or diſcipline, ſo it be not compulſive, or expreſſe Popery, is refer<g ref="char:EOLhyphen"/>red to their diſcretion</hi>: with like reſtriction in other matters of leſſe conſequence.</p>
            <p>I am very much unſatisfied with this Paper, both for the manner and matter of it, for theſe Reaſons.</p>
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                  <seg type="milestoneunit">Reaſon. </seg>1</label> Firſt, Becauſe it propoſeth, that the People (or rather ſome ſmall part of them) without any colour of Law or right, ſhould agree together to alter the preſent Government, and to take away a legall right from Burroughs to chooſe Members to the Parliament; which admitted, they may with as much Juſtice and Right agree to take away any Law, or any mans life or eſtate, by which Rule we ſhould injoy nothing but at the will or any number of men that would call themſelves The People. And upon the ſame ground that thoſe who ſhall ſub<g ref="char:EOLhyphen"/>ſcribe <hi>this Agreement</hi> may call themſelves the People, might thoſe who ſhall refuſe to ſubſcribe it, and thoſe who are not ad<g ref="char:EOLhyphen"/>mitted to ſubſcribe it, both call themſelves the People, And at any time hereafter pretend like right to do the ſame, or like things; which muſt lay a foundation of certain Confuſions. Neither can there be aſſurance of any ſettlement whatſoever in this way for what thoſe who call themſelves the People agree upon now, they may alter within a moneth, or ſooner if they pleaſe.</p>
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                  <seg type="milestoneunit">Reaſon. </seg>2</label> Becauſe if there were a right by this way to alter the Go<g ref="char:EOLhyphen"/>vernment (as there is not) yet it is not reaſonable to attempt ſo great a matter, the Conſequences whereof muſt be of ſo vaſt concernment to the Kingdome before the inconveniencies of the preſent Government have been plainly diſcovered, and ſo<g ref="char:EOLhyphen"/>lemnly debated: And being found out, tryall had been made whether by the preſent unqueſtionable power there might not have been found a remedy either by ſome Additions, or ſmaller Alterations, without putting things to ſo great an hazard as an attempt to make a totall Alteration in the Supreame Power,
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muſt bring, and that without offering any Reaſon for it.</p>
            <p>Neither is there onely theſe generall Reaſons againſt the whole Paper, but if the ſubject matter of it, and the proceedings intended thereupon were lawfull, yet there are many Reaſons againſt the particulars in it, which I ſhall proceed with.</p>
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                  <seg type="milestoneunit">Reaſon. </seg>3</label> Becauſe it doth propoſe to take away (not onely this King) but all Kings, and the Houſe of Peers one of the Supreame Judi<g ref="char:EOLhyphen"/>catorie of this Kingdom, and that for ever, without ſhewing any neceſſitie of it; which the Papiſts, Delinquents, and ill-af<g ref="char:EOLhyphen"/>fected perſons amongſt us (well perceiving how great a diſtra<g ref="char:EOLhyphen"/>ction it would bring) did frequently charge upon this Parlia<g ref="char:EOLhyphen"/>ment as their deſigne, whereupon to vindicate themſelves from ſuch aſperſions, they have made and publiſhed ſeverall Decla<g ref="char:EOLhyphen"/>rations, that they would not alter the Government of the King<g ref="char:EOLhyphen"/>dome by King, Lords and Commons; And this Kingdome ha<g ref="char:EOLhyphen"/>ving had ſo many hundred yeers experience of this preſent Go<g ref="char:EOLhyphen"/>vernment, in the moſt part of which time they having lived in peace and plenty; And when any warres have heretofore hap<g ref="char:EOLhyphen"/>pened between the King and the people, no ſuch alterations be<g ref="char:EOLhyphen"/>ing ever deſired or attempted. It is not imaginable that they will now deſire to change it for they know not what, for ſo are all alterations of Government untill the conveniencies or in<g ref="char:EOLhyphen"/>conveniencies be found out by experience. All I will further adde upon this Reaſon is, that this poore waſted Kingdome doth not ſtand in need of ſo great a diviſion and diſtraction in the courſe of all proceedings at home, and to incur ſuch dangers from abroad, as would in reaſon be the conſequences of this Alteration.</p>
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                  <seg type="milestoneunit">Reaſon. </seg>4</label> Becauſe this Paper propoſeth the abſolute taking away of the power and Priviledges of the Parliaments of <hi>England,</hi> which we are bound to preſerve and maintain, not only as Engliſhmen but as Chriſtians; moſt part of the Kingdom having ſolemnly ſworn it to the moſt high God, And one to another in the Vow and Proteſtation of the 5th. of <hi>May,</hi> 1641. wherein we further vow and proteſt, to oppoſe. And by all good wayes and means endeavour to bring unto condigne puniſhment all ſuch as ſhall either by force, practiſe, or Counſels, plots, Conſpiracies, or
<pb n="4" facs="tcp:54123:4"/>
otherwiſe do any thing to the contrary. And likewiſe in the So<g ref="char:EOLhyphen"/>lemn League and Covenant of 27th of <hi>Septemb.</hi> 1643. not onely we in this Kingdom, but the moſt part of the Kingdom of <hi>Scot<g ref="char:EOLhyphen"/>land</hi> have ſworn to preſerve the Rights and Priviledges of the Parliaments in both Kingdoms. Now the Paper doth not onely propoſe, to take away the Rights and Priviledges, but the Par<g ref="char:EOLhyphen"/>liaments of <hi>England</hi> themſelves, as they were conſtituted when theſe Oaths were taken, to which the words according to the li<g ref="char:EOLhyphen"/>terall ſenſe of them (which is the rule of Oaths) muſt relate, for we could not ſwear to that which was not, or to ſomething that was only like a Parliament: therfore no man (as I conceive) who hath taken either the Vow and Proteſtation, or the Solemn League and Covenant, can agree to this agreement, unleſſe he dare make himſelf guilty of moſt palpable &amp; notorious perjury.</p>
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                  <seg type="milestoneunit">Reaſon. </seg>5</label> Becauſe it propoſeth the taking away this unqueſtionable le<g ref="char:EOLhyphen"/>gall Parliament onely by a forceable agreement, without any Authority: And in the room of it to ſettle a Repreſentative which hath not ſo much as a colour of legall right: by which means, although force and power may hinder this Parliament from acting, yet the being of it cannot be taken away, but by the like Law that made it. So as we ſhall have a Repreſentative that will pretend to a Legiſlative power, and a Parliament who ought to have it both in being at once, which may leade the Kingdom into miſerable uncertainties and diſtractions, when any number that will make an Houſe of Commons, and any number that will make an Houſe of Peers aſſembled in any place within Weſtminſter, will have more power to make and repeal Laws then theſe Repreſentatives, although all were done that the Paper deſires.</p>
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                  <seg type="milestoneunit">Reaſon. </seg>6</label> Becauſe there is ſuch a deſperate encroachment upon the Li<g ref="char:EOLhyphen"/>berties of the people of <hi>England</hi> propoſed in the Election of this Repreſentative; it being a known Maxime in Law, that no power could lawfully impoſe upon the liberties or proper<g ref="char:EOLhyphen"/>ties of the people of this Kingdom, but either by their particu<g ref="char:EOLhyphen"/>lar conſent, or generall aſſent in Parliament where every man is repreſented. But by this Paper, as well all thoſe who have been moſt faithfull to the Parliament and Kingdom, and ha<g ref="char:EOLhyphen"/>zarded
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their lives and eſtates in this cauſe (if in Conſcience they cannot ſubſcribe this Agreement) as the Delinquents and Papiſts that are moſt of all obnoxious to the Law, ſhall be de<g ref="char:EOLhyphen"/>barred from electing or being elected, yet they ſhall have Laws and taxes impoſed upon them, and by them who for number are the leaſt partie in the Kingdom, and by thoſe to whom they give no conſent nor truſt; which is as perfect ſlavery, as any Ty<g ref="char:EOLhyphen"/>rant could impoſe upon them.</p>
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                  <seg type="milestoneunit">Reaſon. </seg>7</label> Becauſe the declaring of Agreement with this Paper by Sub<g ref="char:EOLhyphen"/>ſcription, will not onely be a means more to draw, but alſo to keep thoſe who have adhered to the Parliament in this cauſe in parties, factions and diviſions<g ref="char:punc">▪</g> For after they are once all di<g ref="char:EOLhyphen"/>ſtinguiſhed by ſubſcribers or non-ſubſcribers, it will make them more ſtrange one to another, and to withdraw that affection and confidence from each other that is neceſſary for them as Chriſtians, and as wiſe men; who ſhould rather ſtudie how to finde out wayes of Union for their mutuall preſervation againſt the Common Enemie, then take this courſe which I fear may prove a way of great danger to us, becauſe it will increaſe jea<g ref="char:EOLhyphen"/>louſies in thoſe who muſt be non-ſubſcribers; that though they are now only made uncapable of publick truſt and imployment, yet they are not ſecure, but they may be proceeded againſt further afterwards by the new Repreſentative unto high (if not the higheſt) puniſhments: which doubts and fears will in<g ref="char:EOLhyphen"/>creaſe, if the Supreame Power be wholly put into the hand of a party who differ from them in principles of Religion and civill Government, and they have no viſible ſecurity before-hand to enjoy Religion and their Liberties; the want of ſecuring where<g ref="char:EOLhyphen"/>of, as it made many of them refuſe to agree with the King, ſo will it binde them from agreement with any Power on Earth; upon which ground it is to be feared they cannot but look upon themſelves as under oppreſſion, both in their Liberties, Proper<g ref="char:EOLhyphen"/>ties, and Conſciences: wherein I ſpeak the more freely, that every man might labour and endeavour to prevent ſuch brea<g ref="char:EOLhyphen"/>ches, eſpecially amongſt thoſe which fear God, and that none of them might adhere to this Paper, wherein it is eſpecially to be noted, that all the diſtractions, diviſions, evils and inconve<g ref="char:EOLhyphen"/>niences
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that ſhall happen upon either ſubſcribing or not ſub<g ref="char:EOLhyphen"/>ſcribing, is onely to thoſe who have been united in this cauſe, the Common Enemy being thereby ſtrengthened, united, and kept from the reſt of this Subſcription.</p>
            <p>
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                  <seg type="milestoneunit">Reaſon. </seg>8</label> Becauſe this will tend to the utter ſubverting and taking Away Magiſtracie and Government out of the Kingdom, not onely by placing ſuch a ſupreame power (under whom all ſub<g ref="char:EOLhyphen"/>ordinate do Act) as at leaſt will be diſputed; And thereby that diſtance and Reverence that God hath put upon his Ordinance of Magiſtracie being removed, it is like to fall into Contempt; But by this Paper the Laws and Orders of this Repreſentative ſhall not binde, or be of any force even to thoſe who agree and ſubſcribe to the Paper. For although it ſeems to put the penal<g ref="char:EOLhyphen"/>ty of death upon the reſiſters of their Orders, yet there is one little exception that makes it lawfull for all men (eſpecially that have power) to reſiſt and diſobey them, the words are theſe: <hi>Except ſuch Repreſentative ſhall expreſly violate this Agreement</hi>; which leaves every man to be a Judge of it, there being by this Paper no other power Intended to be Above this Repreſenta<g ref="char:EOLhyphen"/>tive to judge it; Nor doth it Appoint either how, or by whom, this Judgement ſhall be made: Therefore every man that will but ſay they have broken this Agreement, and hath power to make it good, ſhall not offend, but juſtifie his diſobedience, or oppoſing of their Laws or Orders by force; And where there is this principle that Judgement is out of the legall Judges, there can be no Magiſtracie, Authoritie, or Government. It is true that (there being no perfection in any thing here belowe) all Judges and Supreame Authorities may erre, and do evill; but if upon that ground any multitudes ſhould be their Judges, is not the Reaſon as good, and much more ſtrong, that thoſe multi<g ref="char:EOLhyphen"/>tudes (who cannot be judged) may erre, and do evill, by how much they are Acted by fancy, and as they are poſſeſſed by others, And according to their ſudden and preſent Apprehen<g ref="char:EOLhyphen"/>ſions, rather then by principles, Reaſon, or Judgement; neither are they bound by thoſe Conſiderable Intereſts to ſeek the good and tranquilitie of the Kingdom, that uſually thoſe have who are called to be Judges; and eſpecially they are not ſo obliged
<pb n="7" facs="tcp:54123:5"/>
in duty to God, becauſe the Magiſtrates are called by God to be Judges, therefore they muſt judge righteouſly, as they will anſwer it to him upon higheſt penaltie, <hi>The loſſe of their ſouls.</hi> I might further ſhew, that by the Morall Law, the Law of nature, and the poſitive Laws of God, Judgement doth wholly reſt in the Magi<g ref="char:EOLhyphen"/>ſtrate. But this point being only for the more abundant clearing, yet not of abſolute neceſſity to this Reaſon, I will inſiſt no further upon it, there being enough to demonſtrate, That if no man ought to be puniſht for oppoſing any Law or Order of this Repreſenta<g ref="char:EOLhyphen"/>tive, <hi>if they break this Agreement,</hi> and that every man may be his own Judge whether they have broken this Agreement or no; then although there may be a colour, yet there is really no Authority in this Repreſentative: And if not in this, which is to be made the Supream, then much leſſe have any inferiour Judicatories that ſhall act under them; and ſo that great Ordinance of God, Magiſtracy, whereby he preſerves humane ſociety, ſhall be taken out of this Kingdom.</p>
            <p>
               <label type="milestone">
                  <seg type="milestoneunit">Reaſon. </seg>9</label> Becauſe this Paper allows a Toleration of Popery, only with a reſtriction to the Magiſtrate, that he ſhall not inſtruct or direct it publikely; But both he, and all the people that will, may pro<g ref="char:EOLhyphen"/>feſſe, and practiſe it in their houſes, which is a large ſtep to in<g ref="char:EOLhyphen"/>troduce the publike profeſſion of it; eſpecially ſeeing that by gaining thus much, this juſt plea will lie for the freedome of it: That there is no reaſon to except Popery, when thoſe that are guilty of Atheiſme, the denyers of God, or any Perſon in the Trinity, The greateſt blaſphemers, and curſers of God, with thoſe that profeſſe any hereſie or errour have their liberty, and are not excepted, and therefore by theſe principles (in Juſtice) Popery muſt likewiſe go out free, although it may be judged no policy to ſpeak it out at this time. When I conſider this, toge<g ref="char:EOLhyphen"/>ther with the other parts of this Paper, which only tends to divide thoſe who have adhered to the Parliament and King<g ref="char:EOLhyphen"/>dome in this cauſe, and ſee what care is taken (to the end we might be the better deſtroyed) that nothing be propoſed which might divide the common Enemy amongſt themſelves, but they muſt remain intire, and united (which I did intend for a diſtinct Reaſon againſt the Paper.) This is a plain diſcovery to
<pb n="8" facs="tcp:54123:6"/>
me, that the whole was made and contrived by ſome Jeſuite, with the advice of ſome of the Kings old Counſellors, although it is poſ<g ref="char:EOLhyphen"/>ſible that ſome honeſt men may be cooſened into the acting of it for them. But to return to the point, Here we have a Magiſtrate that hath neither compulſive nor reſtrictive power in matters of Religion, but both he and the people are freely left to be of any Religion that they pleaſe, or of no Religion if they pleaſe; yet the Magiſtrate (if it ſtand with his diſcretion) ſhall have a To<g ref="char:EOLhyphen"/>leration to inſtruct and direct in a publike way (all that will be inſtructed and directed by him (for all are left to their liberty) in matters of Faith, Worſhip, or Diſcipline, whereby he is at liberty to inſtruct according to truth, or in an error, ſo that for the preſent it be not Popery, yet in truth the beſt contrivance to build up Po<g ref="char:EOLhyphen"/>pery at laſt upon the ruines of Religion by Atheiſm and prophane<g ref="char:EOLhyphen"/>neſſe; which the more it is conſidered, the more it will be abhorred by all honeſt and godly men in the Kingdome. If I had more pati<g ref="char:EOLhyphen"/>ence I might ſay much more upon this Reaſon, but I think this is enough.</p>
            <p>
               <label type="milestone">
                  <seg type="milestoneunit">Reaſon. </seg>10</label> Becauſe it will leave <hi>Ireland</hi> to the Rebls: and the Proteſtant party and Forces there, to miſery and ruine: not only by our diſtra<g ref="char:EOLhyphen"/>ctions, but becauſe the managing of the War of <hi>Ireland</hi> is in this Parliament, wherein the new Repreſentative will have no Autho<g ref="char:EOLhyphen"/>ritie.</p>
            <p>
               <label type="milestone">
                  <seg type="milestoneunit">Reaſon. </seg>11</label> Becauſe it tends to divide us from <hi>Scotland:</hi> the particulars held forth in this Agreement being directly contrary to the decla<g ref="char:EOLhyphen"/>red principles both of that State and Church, and deſtructive to all the faithfull in that Kingdom both Miniſters and people, that have adhered to us in this Cauſe.</p>
            <p>
               <label type="milestone">
                  <seg type="milestoneunit">Reaſon. </seg>12</label> Becauſe it deſtroies the Cauſe for which we have fought, wherein ſo many Noble and Gallant Gentlemen, and others, have not only hazarded, but loſt their lives. The quarrell firſt beginning upon the Kings impoſing on the Power and Privi<g ref="char:EOLhyphen"/>ledges of Parliament, and interrupting their proceedings. After<g ref="char:EOLhyphen"/>wards thoſe that joined with the King in this Warre (although it was ſo foul an act deſtructive to the Liberties of the King<g ref="char:EOLhyphen"/>dome, that they profeſſed the contrary, yet it was apparent that they) did fight to deſtroy this Parliament; Therefore to join
<pb n="9" facs="tcp:54123:6"/>
with others to take away this Parliament by a forcible Agree<g ref="char:EOLhyphen"/>ment, is to do the enemies work, and give them the Cauſe. And is againſt the great Truſt which hath been, and is given by the Parliament to all the Souldiers that have had, or have Com<g ref="char:EOLhyphen"/>miſſions from them, wherein they are ſpecially intruſted to fight for <hi>The preſervation of this Parliament.</hi> And when all Soul<g ref="char:EOLhyphen"/>diers do well conſider, that without the Authority of this Parlia<g ref="char:EOLhyphen"/>ment their taking up Arms were Treaſon, and their killing of men were murther; and that it is the Authority by which they have endemnity and preſent pay, and ſecurity for their Arrears, and that as the change of Authority would make many queſtions in other things, ſo would it do in theſe. It being alſo evident, that as the Parliament cannot well be without their Forces, ſo they cannot be without the Parliaments Authority. Upon all theſe conſide<g ref="char:EOLhyphen"/>rations, the Souldiers have reaſon to be againſt this Paper, which propoſeth by Agreement to take away the Cauſe they have fought for.</p>
            <p>
               <label type="milestone">
                  <seg type="milestoneunit">Reaſon. </seg>13</label> Becauſe although there were a quiet poſſeſſion of all that is de<g ref="char:EOLhyphen"/>ſired in this Paper, yet it were not like to ſtand long, the intereſts of all that are moſt conſiderable, obliging them to be againſt the keeping of this Agreement. For inſtance. In reaſon all Kings will be againſt it, for they, and their Heirs, and Succeſſors are utterly excluded out of this Government. The Peers will be againſt it, there being likewiſe an excluſion of the Houſe of Peers. The Soul<g ref="char:EOLhyphen"/>diers will be againſt it, becauſe it offers forcibly to take away the Parliament they have fought for, whoſe Authoritie gave them a being as Souldiers, and under whoſe Authoritie they act. The Magiſtrates or people of that quality capeable of government will be againſt it, becauſe it leaves at the beſt but the colour of a Magi<g ref="char:EOLhyphen"/>ſtrate, with no power but ſuch as is alterable, and revokeable at the pleaſure of any multitude. The faithfull and conſcientious Mi<g ref="char:EOLhyphen"/>niſters will be againſt it, for as it gives them no protection, coun<g ref="char:EOLhyphen"/>tenance, incouragement, or aſſiſtance by the Magiſtrate; ſo it leaves all their people to the practiſe and profeſſion of Blaſphemy, Atheiſme, Hereſie, Errour and prophaneneſſe without controll. And it is like that moſt of the Religious and diſcreet people will be againſt it, becauſe it neither provides for increaſe of
<pb n="10" facs="tcp:54123:7"/>
piety, nor give ſecurity for the injoyment of Liberty or Property, nor hopes of Union, which might bring a ſettlement and peace. And what ſorts of people are left whoſe intereſt it would be to pre<g ref="char:EOLhyphen"/>ſerve this Agreement, I leave any one to conſider, whether they will not be only ſuch who becauſe they cannot bring themſelves within the protection of the Laws eſtabliſht and preſent Government, will poſſibly ſign this Agreement, that ſo they may bring the Law and Government to their wils and corrupt intereſts; for ſo indeed they do that ſubſcribe this Agreement. No obedience being to be given to this Repreſentative, but in their keeping this Agreement; and there being no other Judges thereof but the Subſcribers, who in the reſult of all have the Law in their own wils: Upon all which grounds, there is no hope that this Agreement if it were made (as is deſired) would either preſerve it ſelf, or that any who were moſt conſiderable, could be obliged to keep it, ſo as no<g ref="char:EOLhyphen"/>thing could be expected from it but to be a foundation for new confuſion.</p>
            <p>I will cloſe theſe Reaſons with this profeſſion, That I am far from arguing that this Parliament ſhould not (in this manner) be taken away out of any baſe or low end, that I might ſtill continue a Member of it, for I dare and do appeal to God, who is the ſearch<g ref="char:EOLhyphen"/>er of all hearts, that I know no outward thing to befall me, that I ſhould account my ſelf more happy in, then to be legally diſcharged from that Service. But in this way to tear up the very foundations of all Government, and to rear up ſo miſerable a thing in the room, It behooves every true hearted Engliſhman that ſees it to be ſen<g ref="char:EOLhyphen"/>ſible, not for his own, but for the Kingdoms ſake: and that really ſet me on work at this time.</p>
            <p>I ſhall now onely adde ſome ſhort generall obſervations upon ſeverall particulars I finde at the end of this Paper prepared al<g ref="char:EOLhyphen"/>ready for this new Repreſentative; wherein are deſires to this purpoſe.</p>
            <p>That no mans life be taken away but for Murther. That no man be Impriſoned for Debt: That no Tythes be paid: That there be no reſtriction (<hi>which is no Regulation</hi>) of Trade. That there be no Lawyers, nor Law, but new Rules in Engliſh, to be made by the new Repreſentative; And twelve men in every
<pb n="11" facs="tcp:54123:7"/>
Hundred, to be Judges of all cauſes; who are likewiſe intend<g ref="char:EOLhyphen"/>ed to ſupply the Offices of all Mayors, Sheriffes, Juſtices of Peace, Deputies, <hi>&amp;c.</hi> Theſe are the deſires of them who labour for a new Repreſentative inſtead of Parliaments. And it ſeems they hope to chooſe ſuch a Repreſentative as will grant them all. Indeed if theſe muſt be had, I agree there is a neceſſity (by ſome means or other) to take away this Parliament; for I beleeve that they would never grant ſuch things, as the making of Laws in the favour of Treaſons, Burglaries, Felonies, Sodemy, Buggery, Rapes, and ſuch like abominations, from which the puniſhments of death is (by theſe men) deſired to be taken off, eſpecially conſidering that the many good Laws which have been made under higheſt penalties (as now they ſtand) do not hinder nor deterre men from thoſe foule offences which are daily and frequently committed in all parts of the Kingdom; and therefore there rather appears need of ſtricter proviſion a<g ref="char:EOLhyphen"/>gainſt them.</p>
            <p>But when the new Repreſentative ſhall take theſe things in<g ref="char:EOLhyphen"/>to conſideration, they may finde that there will be no need to take away any penalties from Malefactor, by a Law to keep them from Juſtice, if they do but grant the Hundred Courts as is deſired (who can but ſit ſeldome) and thereupon all Mayors, Sheriffes, Juſtices or Peace, <hi>&amp;c.</hi> who are Officers ever ready, and by whoſe Authority the Malefactors are apprehended, exami<g ref="char:EOLhyphen"/>ned, committed, and brought to Juſtice; being taken away, the Offendors are like to go free without any ſuch Law. Eſpecially when theſe Hundred Courts act the parts not onely of all the Lawyers, but of all the Judges in the Kingdome; And all this Juſtice to be done, and lye in the breſts of twelve men in every Hundred, who may be choſen of men that can neither write reade, nor have any Eſtates reſponſable, if they ſhould be found guilty of Briberie, or any other high miſdemeanors: by this means we are like to have Juſtice at all adventure, be it right or wrong. If I ſhould go over the reſt of the afore-mentioned par<g ref="char:EOLhyphen"/>ticulars, I ſhould not keep my word, for there is ſo much to be ſaid againſt every of them, that I could not be ſhort, nor is it very neceſſary to be done: for in the bare reading of them it
<pb n="12" facs="tcp:54123:8"/>
doth too much appear, that they are working to a univerſall Licentiouſneſſe, as well in the Civil State, as in matters of Re<g ref="char:EOLhyphen"/>ligion; by which liberty, all truth, and every mans property, with the Government which is the band of humane ſociety, will be deſtroied. I had thought to have cloſed here, but I can<g ref="char:EOLhyphen"/>not conclude without a word upon that particular propoſed, that no Tythes be paied; becauſe I beleeve that taking away the Miniſters of the Goſpel with their maintenance, lies at the bottome of it: I ſay ſo upon this ground: Becauſe I did yet ne<g ref="char:EOLhyphen"/>ver ſpeak with any man who was for the taking away Tythes from Miniſters, without as good maintenance firſt provided in a-ſetled and certain way (which I could never yet hear pro<g ref="char:EOLhyphen"/>pounded) but he was for the taking away the Miniſters them<g ref="char:EOLhyphen"/>ſelves; and therefore they will not allow that the Miniſtery is an office ordained by God (although nothing be more clear in his Word) but call them State Miniſters, or (as this Paper) pub<g ref="char:EOLhyphen"/>lick Miniſters, as though they were onely by ſome politique or civill conſtitution, and might be taken away at pleaſure: then which, nothing can be more contrary to the truth; nei<g ref="char:EOLhyphen"/>ther is it onely clear, that there are thoſe in the Church of Chriſt, whoſe office it is to be Miniſters of the Goſpel, but like<g ref="char:EOLhyphen"/>wiſe that by an Ordinance of Chriſt, <hi>They that preach the Gospel ſhould live of the Gospel</hi>: And however it be of a Divine right, that Miniſters ſhould have a maintenance, yet the proportion, diſtribution, uſe, and enjoiment of it is from, and by a civill right, whereupon they hold and poſſeſſe their Tythes by the Laws of the Kingdome; and have as legall a Freehold in their Tythes, as any man hath to his Land. And the Law doth provide full as good a remedy to the Miniſter for recovering his right of the Tythes, as to an Impropriator, or other man in the Kingdom, for any thing he injoies. But the Paper ſaith, it is a grievance and oppreſſion. I beleeve it is a grievance to thoſe men that Miniſters live, or have any thing; But how comes it to be an op<g ref="char:EOLhyphen"/>preſſion? Is it oppreſſion to pay to others what is legally due to them? Theſe men may conſider, that if Tythes be taken from the Miniſters, or Impropriators, yet there is neither right nor Juſtice, that they by whom they are payable ſhould have them
<pb n="13" facs="tcp:54123:8"/>
to their own uſe, for they have nothing that might make or derive a right or title to them. They never payed any conſideration for them, they did not purchaſe, nor were they conveighed to them: when their Land was bought, it was under this charge, that Tythes ſhould be paied out of it. In a word, there may as much be ſaid in juſtice, reaſon or equity, why they ſhould not pay any quit Rents, Rent Charges, Annuities, or other charges that lies upon their land, as why they ſhould not pay Tythes: And doe but give them Tythes upon their crying out that it is a grievance and op<g ref="char:EOLhyphen"/>preſſion, and they will in a ſhort time (I am confident) upon the ſame grounds, cry out upon all other payments and charges out of their Land; and it is like the Rent to the Landlord will not be paied long after, for they will be all alike a grievance and oppreſ<g ref="char:EOLhyphen"/>ſion.</p>
            <p>I do obſerve that there are two notable peeces of juſtice in the conſequence of this particular of theirs.</p>
            <p>Firſt, That the Impropriator ſhall be ſatisfied (yet I know not how, where, or by whom) before his Tythes be taken away. Yet the poor Miniſter that holds his by as good a Law and right, ſhall have his firſt taken from him, and play an after-game for his main<g ref="char:EOLhyphen"/>tenance which might gain their point; when by that means they might be driven from their Churches to go abroad to beg, becauſe they cannot work.</p>
            <p>And the other is, That they would have this new Repreſenta<g ref="char:EOLhyphen"/>tive to take Tythes from the Miniſters, to whom they belong in juſtice and right, and to give them unto other people who have no right at all to them. And when they have got the Miniſters Tythes, then they propoſe that they may have maintenance. Provided al<g ref="char:EOLhyphen"/>waies, that (it being againſt their Conſciences) they may pay them nothing: Nor others pay any thing, all payments being op<g ref="char:EOLhyphen"/>preſſive, and they are to have nothing but in an unoppreſſive way. By all which it appears, that they intend to take away the Mini<g ref="char:EOLhyphen"/>ſters, and get their means to themſelves for their pains. I do not in this plead my own caſe, for I do and ſhall willingly pay Tythes, but I receive none.</p>
            <p>I have thus lookt into theſe <hi>Foundations of Freedome,</hi> and told you in part what I have ſeen, wherein I muſt leave every
<pb n="14" facs="tcp:54123:9"/>
Reader to his own judgement: I ſhall only upon the whole matter give you mine. That under the colour of laying new foundations, all the old Foundations of Religion, Parliaments, Laws, Liberties, and Propertie: are ſtrongly endeavoured to be undermined, pluckt up, and deſtroied. And all the materials I finde brought to this new new building are ſuch (in my judgement) as only tend to Licen<g ref="char:EOLhyphen"/>tiouſneſſe; therefore it ſhall be againſt my will it I live in it, or neer it, becauſe it hath no ground work. For here is a Government without Authority, A Magiſtrate without power; If a Miniſter, yet without maintenance. A People left to be of any Religion, or of all Religions, or of no Religion as they pleaſe. It is therefore (in my judgement) altogether unſutable to any who deſire to live ſoberly righteouſly, and godly in this preſent world. Yet not withſtanding I would not be ſo angry with thoſe that ſhould offer it, as to re<g ref="char:EOLhyphen"/>ſolve preſently to fall out with them. I would remember that it hath ſtill been our enemies work to divide us, <hi>England</hi> from <hi>Scot<g ref="char:EOLhyphen"/>land,</hi> and one from another: Let it ſtill be our work to unite, and not be ſo wicked and unwiſe, as to ruine a righteous cauſe, and our ſelves with it. But let us lay aſide this Paper, and all dividing and party Projects, and make it our ſtudy how to ſatisfie and ſecure one another, that we may live in love and peace; Which as it hath ever been my hearty deſire, ſo it ſhall ever be my faithfull endeavour, and moſt earneſt praier to that God, who out of all theſe ſhakings is only able to bring a good ſettlement to this poor diſtracted Kingdome.</p>
            <trailer>FINIS.</trailer>
         </div>
      </body>
   </text>
</TEI>
