HEaring of your eſpeciall meetings in Councell in order to the ſetling of the Nation in Peace and Freedome, as perſons alwayes ingaged with you in affection and indeavours to the ſame juſt ends, and a like concerned in the iſſue and ſucceſſe thereof; and knowing by ſad experience how prone the wiſeſt have been to miſtakings in affairs of this nature, we have deemed our ſelves bound in conſcience to contribute what we conceive requiſite, or may be of uſe for the ſteering of your courſe aright, and for the avoyding of thoſe rocks upon which many have fallen for want of due and timely conſideration: which cannot be avoided but by a cleare knowledge of the Fundamentall Lawes and Liberties of England, and by a firm reſolution to reſtore every of them without partiality unto their primitive power and efficacy throughout the Land; notwithſtanding any corrupt intereſt, built upon their ruines or abuſes.

So that waving all things of innovation (let pretences be never ſo ſpecious) the firſt thing neceſſary to the work you have undertaken, is to ſatisfie your underſtandings, what are thoſe Fundamentall Lawes and Liberties, and in the next place by all lawfull means to endeavour their reſtauration. For, as you once well argued, you are not a mercenary Army, hired to ſerve any arbitrary power of State (ſuch was the late Kings Army, fighting againſt the Fundamentall Lawes, to erect his will or corrupt Lawes by former Kings procured ſubſervient to will and power) but called forth and conjured by the ſeverall Declarations of Parliament to the defence of your own and the Peoples juſt Rights and Liberties, which our Anceſtours of famous memory have endeavoured to preſerve with the price of their bloud, and you by that, and the late bloud of your deare friends and fellow-ſouldiers (with the hazard of your own) do now lay claime to; theſe are your own reaſonings when firſt you diſputed the Authority of Parliament, they having firſt declined the Fundamentall Lawes, which was the onely juſt ground of declining them.

And as you rightly underſtood, that being no mercenary Army, but called forth to the defence of your own and the Peoples juſt Rights and Liberties, you were not bound to obey commands, though of a Parliament, contrary to the Fundamentall Lawes, ſo much more now are you to underſtand, That of any men in the world it would worſt become you, to be either adviſers or procurers of other things then thoſe very true ancient fundamentall Rights and Liberties.

And you ſee likewiſe, that not withſtanding the many profeſſions and Proteſtations of this Army, to maintain the Fundamentall Lawes and Liberties of this Nation, it yet remains under a greater degree of bondage, and fuller of juſt complaints then ever, becauſe you have ſlackened your zeale, and there hath not been that diligent perſeverance in all lawfull indeavours untill their plenary reſtauration and firm eſtabliſhment: Your ſtudy ought not to be like Conquerors, to make things new, or innovate upon the Fundamentall Lawes (that never-failing means of trouble and confuſion) but to cleare them from thoſe many incroachments, violations and abuſes both upon the Lawes themſelves, and the execution of them, which have almoſt rendred them of no benefit, and full of vexation to the people of this Nation.

You may pleaſe to obſerve, it is not the being of a Parliament that makes the Nation happy, but their maintaining of the fundamentall Rights and Liberties, nor that in words onely and Declarations, but in the reall and effectual eſtabliſhment of them; and when they either neglect thoſe, or ſet up other things contrary, or oppoſe the eſtabliſhing of them, they prove themſelves enemies, and reduce this Nation into a condition of bondage.

Be pleaſed to review your Remonſtrances and Declarations which in all parts of them have held forth the clearing, ſetling and ſecuring of the Rights, Liberties, and peace of the Nation, the only juſtifiable end of all your publique motions and endeavours, appealing to the whole Nation, to the world, and to Almighty God, for the juſtneſſe, reaſonableneſſe, and common concernment of your deſires and intentions therein, yea ſo wiſely carefull were ye over the common Rights and Liberties of the people, and of their ſafety, that you propoſed that in things clearly deſtructive to thoſe Rights, there might be for the future a liberty for diſſenting Members in the Parliament to enter their diſſent, and thereby to acquit themſelves from the guilt or blame of what evills might enſue, that ſo the people might regularly come to know who they are that performe their truſt faithfully, and who not, an argument amongſt others then urged by the Army, importing the greateſt zeal and ſincerity, to the reſtoring of the Fundamentall Lawes, that could poſſibly be expreſſed.

Nor is there (as we verily believe) any juſt objection, that ſhould ſtagger you in perſeverance accordingly, although we cannot deny, but that all the old and new Sophiſms and deluſive arguments deviſed by corrupt intereſts, in defence of themſelves againſt the Fundamentall Lawes and Liberties of the people, have been ſo diligently blown abroad, that we find they have captivated many good mens underſtandings, and are ready and uppermoſt almoſt in all diſcourſes, urging that if you now endeavour the reſtauration of the ancient Fundamentall Lawes and Liberties of england, you ſeek to re-ediſie the things you have thrown down, as Kingly government, which the Parliament, not without ſufficient grounds, voted to be uſeleſſe, burthen ſome, and dangerous; for what, ſay they, hath been more ancient in England, unto which even by the very Lawes were annexed large revenues, and extraordinary truſts, as the Militia, and the like? what more ancient authority then the Houſe of Lords, which by the very Lawes of england had Juriſdiction in appeals after Judgement, and both Kings and Peers ever eſteemed an eſſential part of Parliaments; the Biſhops likewiſe of long continuance, and very many Lawes extant in favour of them.

But as truth is more antient then error, and righteouſneſſe was before ſinne, though error and ſinne have much to ſay for their antiquarty, ſo is it anſwered in theſe and the like caſes; though Kings, and Lords, and Biſhops have been of long continuance, and have procured many Laws to be made in ſeverall times, by Parliaments in favour of them, yet upon due examination it will appear, that they are not of Fundamentall Inſtitution, no more then many other corrupt intereſts, yet extant which time after time have one made way for another, untill at length they got the ſway of all things, ſate themſelves upmoſt in all places, oft times filled the ſeats in Parliament, and then made Lawes in favour of themſelves, and each others intereſt, and in ſubverſion of the Fundamentall Lawes, endeavouring all they could utterly to root them up, and to blot the knowledge of them out of all remembrance.

And therefore to find out what are truly Fundamentall Inſtitutions, you may pleaſe to look beyond Kings, and as you paſſe them, you will perceive that their originall was either by force from without, or from confederacy within the Land, that of their confederates they made Lords and Maſters over the people, created offices, and made their creatures officers for life, whereas the true mark of a Fundamentall Inſtitution is only one years continuance in an office, by which mark it is evident, that neither Kings nor Houſe of Lords are of Fundamentall Inſtitution, all true Fundamentall Inſtitutions ordaining election to every office, which is another mark, and that by the Inhabitants of the place where the office is to be exerciſed; and another ſpeciall mark is, that the main ſcope and intent of the office and buſineſſe thereof, is of equall concernment to the generall good of all the people, and not pointed to make men great, wealthy and powerfull, all which undoubted marks exclude not only Kings, and Lords, and Biſhops, but many other intereſts of men in this long enſlaved and deluded Nation.

So that in removing theſe uſeleſſe burthenſome and dangerous intereſts of Kings, Lords, and Biſhops, no violence at all hath been done to the Fundamentall Lawes and Liberties of England, but they are ſo farre cleared and ſecured from innovation, and many oppreſſions which attended them.

Nor is there ground for any to ſuppoſe, that in reſtoring the true antient fundamentall Rights of England, there will be a neceſſity of maintaining any the Courts in Weſtminſter, or their tedious, burthenſome or deſtructive way of proceeding in trial of Cauſes, both Chancery, and the reſt being in all things (except the uſe of Juries) all of them of Regall inſtitution except the Common Pleas, which is ſo alſo, as to its being ſeated in Westminſter: Theſe have ſometimes been ſtrengthened by Laws made in Parliaments, which were ever to give place to Fundamentals, being indeed null and void, wherein any particular they innovate upon, or are contrary unto them: All cauſes by the fundamentall Laws being to be decided and finally ended, paſt all appeal, in the Hundreds, or County Courts, where parties reſide, or where the complaint is made by Juries, without more charge or time then is neceſſary, ſo that untill the Norman Conqueſt, the Nation never knew or felt the charge, trouble, or intanglements of Judges, Lawyers, Attorneys, Solicitors, Filors, and the reſt of that ſort of men, which get great eſtates by the too frequent ruines of induſtrious people, which is another mark to know that all ſuch are not of fundamentall inſtitution, but Regall, and erected for the increaſe and defence of that intereſt.

As for thoſe defects which are many times obſerved in Juries, and ſome inconveniences which enſuc in ſome caſes under other fundamentall Conſtitutions; it is to be noted, that there is not perfection to be expected in any Government in this world, it being impoſſible for the wiſeſt men that ever were to compoſe ſuch Conſtitutions, as ſhould in every caſe warrant a juſt event. Yet ſo carefull have our Forefathers been, that the Laws of England are as preventive of evill, and as effective for good, as any Laws in the world.

And for Juries, whatever juſt complaint lies againſt them, it doth not relate to the Conſtitution it ſelfe, (which Kings have often attempted to deſtroy, as the main fortreſſe of the peoples liberty) but againſt ſuch abuſes, in the packing and framing of Juries, in their by aſſing or over-awing, by the ſervile and partiall Officers about the Courts, by the Kings Sheriff, or under-Sheriff, and other, by wayes, that others have found out; all which abuſes are matters of juſt complaint, and require rectification, and ought not to be made uſe of as a ground of Innovation, or an argument againſt your fundamentall Conſtitution.

Others there are, who finding the great importance of Juries to preſerve the people's Liberties, and that through the ſenſe that the people have thereof, it will be but a vain thing to attempt the totall taking them away, have invented a ſtrategem that will render them inſtead of being a fountain of equall Juſtice to the people, the means only of advancing the rich, and an awe upon the middle and meaner fort of men, which they would do upon the common pretence of Prerogative, that onely men of eſtate and quality ought to be entruſted with the determination and deciſion of cauſes, and therefore have contrived that ſuch only as are worth one hundred mark per annum, ſhould be capable of being choſen Jury men, which if obtained, we cannot from thence but make theſe concluſions.

1. That the Fundamentall Conſtitution is thereby violated, which gives equall reſpect to all men, paying Scot and Lot in the places they inhabit.

2. By the ſame liberty they alter the Conſtitution in this particular at this time, they may at another time totally take it away.

3. That it is a policy agreeable to that of Kings, in reducing the power of Judgement into the hands of a few, and the rich, who may with much more caſe be corrupted, then the generality: It being alſo a bringing of this Nation to the condition of the French, and making it conſiſt only of Gentleman and Peſants.

You may be pleas'd in the next place to conſider the particular of Preſſing, or forcing men to ſerve in the warres againſt their conſents, then which nothing is more contrary to fundamentall liberty; the King did alwayes make uſe of it, and ſuch abroad, whoſe government ha's not that goodneſſe and freedome in it, as to invite men voluntarily to its defence; a good government cannot need it, ſince in that it would be the intereſt of every man to hazard his life and fortunes for its conſervation, and therefore we deſire that this antient liberty may be tenderly preſerved.

For Tythes, they may (we conceive) be taken away, without violence to any fundamentall Law; the inſtitution there; of being Popiſh at firſt, and partly Regall, afterwards thanged ſolely into the Regal Intereſt, to maintain a numerous ſort of ble Sophiſters, under pretence of being Miniſters of Chriſt (which they were not) having no qualifications agreeable unto thoſe which were ſo indeed, to preach up the Regall Intereſt with their own: Fundamentall inſtitution impoſeth no charge upon the people, but for maintenance of the impotent and poor, or for ſuch as are reſtrained untill time of triall for want of Sureties: All which the Neigabourhood is to levy, or for publique defence againſt enemies, which is referred by Fundamentall Conſtitution unto annual choſen Truſtees in the Grand Councell of the people, called from the Norman Parliament, upon whom the continued labours and policies of the Conquerors ſucceſſors have had great influence, by whoſe endeavours this burthen of Tythes came to have the colour of Law ſet upon it, though in this, as in all things els, Parliament Law was ever to give way to Fundamentall, being null and void in it ſelfe, where it innovates upon the antient Rights of the people, and hath been ſo acknowledged, enacted, and declared by moſt Parliaments; of ſo Supreme Authority in this Nation have fundamentalls ever beene, whereof Annuall new elected Parliaments is one and a chiefe, being inſtituted for preſervation, and not for deſtruction of fundamentalls, for then it might null Parliaments themſelves, which could never be within the truſt of Parliaments.

But yet ſo unhappy have Parliaments been in moſt times ſince the Conqueſt, that waving their care of the fundamentall Liberties of the Nation, they have ſo multiplied Laws upon Laws to their prejudice, that the whole voluminous bulk of the book of Statutes ſerves but as a witneſſe of their defection, and of the prevalence of the Regall intereſt and his adherents; of which deviation from their rule (the Fundamentall Law) not any one thing is more remarkably pernicious to induſtrious people, then this of tythes, or inforced maintenance for Miniſters, or any other ſort of men, except ſuch as are afore-mentioned; ſo that tythes being utterly aboliſhed, the people are delivered from a moſt heavy and grinding oppreſſion, and therein reſtored to Fundamentall Liberty.

And as for thoſe Laws which have been, touching mens Judgements, opinions and practiſe in matters of Religion, with the proceedings thereupon, and puniſhments annexed, there is no ground at all for them, the Fundamentall Law of England being as free and clear from any ſuch perſecuting ſpirit, as the Word of God is; queſtioning none, nor permitting that they ſhould be queſtioned, or otherwiſe moleſted, much leſſe puniſhed, but for ſuch things only, as whereby ſome other perſon is injured, in perſon, goods, or good name, or in wife, children, or ſervant; and therein alſo it provides, that none be tortured upon any occaſion whatſoever, and that no leſſe then two lawfull Witneſſes are ſufficient to prove every fact: Alſo, that where any accuſed perſon can procure Sureties, there be no reſtraint of the body in priſon; what is in common practiſe contrary hereunto, hath been innovated contrary to Fundamentall Right, and may lawfully be reformed and reduced to its originall ſtate again, and thereby alſo the people reſtored to antient right therein, and freed from abudance of miſchief and inconvenience.

And ſo extremely doth the Fundamentall Conſtitutions of England regard true frtedome, that it allows of Bail in any caſe, without exception, where it can be obtained, and admits no impriſonment of the perſons of any for debt, chooſing rather that one man ſhould ſuffer in his eſtate, then that the bodies of men and women ſhould be, as it were, buried alive in goales and priſons, as thouſands have been, and ſtill are, to the hearts grief of all tender hearted people.

But then the fundamental Law provides, that where there is any eſtate, there ſatisfaction is to be made, as far as it will reach, leaving ſtill ſome neceſſaries for life, otherwiſe it were more grievous for poor debtors, then for many ſorts of wilfull malefactors; for however the preſent practiſe is, and long hath been, by the fundamentall Law, the eſtate even of a capital offender that ſuffers death for his offence, is not forfeited, but deſcends to his family, as other mens, after ſatisfaction made to the parties damnified: Theſe forfeitures no doubt have been the principall cauſe that many an innocent mans life hath been unjuſtly taken away, and many a worthy honeſtman come to be burn'd in the hand; and however Parliaments have been drawn in to countenance ſuch practiſes, it was the inventice of Kings to turn families upſide down at pleaſure, for to them their forfeitures went, and they gave them to their creatures and Sickovants, ſo that here you ſee is work enough for a well minded Parliament to remove theſe evills, and to reſtore our rights in theſe and many other grand particulars, without interchanging or innovating upon the true Law of England.

The moſt unreaſonable deicent of inheritances to the eldeſt ſonne onely, is alſo no part of the Fundamentall Law, but quite contrary thereunto, that honeſtly and conſcionably provided, that all inheritances ſhould diſcend to all the children alike, chuſing rather that ſome ill-deſerving children ſhould have where they deſerve not, then that it ſhould be at the will of parents, or in the power of the Law, to expoſe many to ſuch inconveniences, and deſtructive courſes, which younger brothers for the moſt part hath been caſt upon: Divers other branches there are of the Fundamentall Law, as is that concerning Juries, the Liberty of Exception againſt thirty five, without ſhewing cauſe, and of as many more as cauſe can be juſtly alledged againſt, untill the party doth evidently ſee an indifferency in his Tryers, As alſo to admit no examination of any againſt themſelves, nor puniſhment for refuſing to anſwer to queſtions, Nor conviction without two lawful Witneſſes at the leaſt; and that it is the duty of the Officer of the Court to declare to every perſon theſe his Rights, and to bring them to remembrance, if neglected to be demanded; all this ſhewes that the Fundamentall Law of England is a Law of Wiſdome, Juſtice and much mercy, ſuch as God will bleſſe, choſing in all caſes rather that ſome guilty perſons ſhould ſometimes eſcape, then that one innocent perſon ſhould cauſleſly be condemned.

And whereas it hath beene ſuppoſed, that the puniſhment of theft by death is fundamentall, it is a meer miſtake, it, as moſt other like things, being an innovation, and no way tending to the leſſening of offenders, but rather to their encreaſe, and indeed neceſſinating, or ſtrongly tempting every one that robs, to murther alſo: For as the practiſe long time hath been, one witneſſe even of the party himſelf that is robbed ſufficeth for proof, and caſts the thief for his life, what way then is more ſafe for the thief, then to murther whom he robs, to prevent his teſtimony againſt his life, ſeeing he dies, if proved a thief, and can do no more if, proved a murtherer? Beſides, when the Fundamentall Conſtitution was in force, it puniſhed offenders according to the nature of their theft, ſome by pecuniary mulcts, others by corporall puniſhments, with laborious workings and open ſhame, at which time it is teſtified, that a man with much money, or moneys worth, might have travelled in ſafety all over England with but a white wand in his hand; beſides, the Law of death for theft is many times the means why robbers eſcape, for that many good and tender-hearted people, either upon the conſideration above-mentioned, decline proſecution, becauſe if they ſhould proſecute, they muſt either ſweare falſly, and undervalue what they loſt, or take away life, where in conſcience they judge they ought not; all which would not be, were the puniſhment proportioned to the offence, as in the Fundamentall Law it is.

As much likewiſe may be ſaid concerning the ſervile tenures of Copyholds, how long ſoever they have been, they are the ſlaviſh remains of conqueſt, inconſiſtent with true freedome, or the Fundamentall Law of England, and may, and as the reſt forenamed, ought to be reduced to the true ſtate of antient right, and the people thereby freed from abundance of torment, and veration of Spirit.

All Monopolies at home, and all reſtraint of trade abroad to diſtinct companies of men, are all oppoſite to the antient rights of the people, and may juſtly be reduced to a univerſall freedome to every Engliſhman, which will make trade in time to flouriſh, and wealth and plenty of all neceſſaries to abound, eſpecially if the way of raiſing money by cuſtome and Excize were laid aſide, being utterly deſtructive to trade, and rendring the lives of tradeſmen tedious and irkſome to them, and hath no conſiſtence with Fundamentall right; for according to that rule, no impoſition ought to be laid upon trade, but what moneys are at any time found needfull by Parliament ought to be levied by way of Subſidy, or an equall proportion upon all mens eſtates, reall and perſonall, in which courſe the whole, within two pence or three pence in the pound, is brought into the publike treaſury, whereas in the other way, vaſt ſums go to the maintenance of Officers, ſo as you perceive in this and all other particulars hitherto recited, the moſt antient right is not only due, but moſt for the caſe and good of the people, you may perceive by what hath been expreſſed what are our antient rights, and what, how many, and how great have been our almoſt as antient wrongs and oppreſſions.

Some of our antient rights remain alive to this day, as Parliaments and Juries; the firſt of which ought annually to be choſen, which annnall choice hath for many years been intermitted, and that inherent right withheld, which ſhould have ſome ſpecial thing for its excuſe, and happy were the people, and doubtleſſe happy would it be for this preſent Parliament alſo, that it may truly be ſaid they held the Parliamentary power ſo long, that they might reſtore the people to their antient native rights, the Fundamentall Laws, to their full force and power, for which end it was, as you declared, that you reſerved theſe, when you excluded the reſt: and therefore ſurely in this and many more reſpects you are obliged to perſevere in putting them in mind thereof, and if you find that they are not able to agree in the performance of this, the proper work of Parliaments then to move them in ſome ſhort time, to order a new Parliament to be choſen, that they may take place of them, it being in no wife ſafe for the Parliament to diſſolve, untill the new immediately ready to ſit when they riſe; nor would we for any thing in the world, that Parliaments ſhould be accuſtomed to be forced, nothing being of more dangerous conſequence to Government it ſelf.

Which endeavours and deſires we ſhall be ready to ſecond you in, and we truſt you will not omit to do it by way of Petition with all poſſible ſpeed, that the deſires of good men may be ſatisfied, in ſeeing this Parliament yet honour themſelves, and bleſſe the Nation with the proper fruit of their ſo many years labour, hardſhip and miſery, the re-injoyment of their birth-right, Or if that cannot be obtained, you and your friends deſiring it, they will not defer to give up their truſt into the hands of another Parliament, which when you underſtand, we ſhall then deſire you to acquaint the people what their antient rights are, and how and by what intereſts of men they have been withheld from them, that ſo they may at length beware, and not chuſe ſuch men to make them free, whoſe intereſt, advantage, and way of living, binds to keep them in perpetuall bondage: And to inform them likewiſe, that it is not Statute Law, nor the opinion of Judges, and book-caſes, nor the Prerogative of Princes, Lords, and great ones, nor any thing but their Fundamentall Rights that can render them free or happy, and to perſwade them no longer to give ear to ſuch charming as hath been to their bondage and miſery: And that you will be as ſtrongly provided againſt all motions of Innovation, as againſt the worſt of enemies, though they ſhould aſſail you with ſeeming arguments from Scripture, the Scripture giving no particular rules for the Government of Nations, the Government of the Iſraelites being only intended for them, and either binds not, or els it binds in all and every part; ſo as thoſe who require tythes by that Law, or puniſh ſome offences according to that Law, are bound alſo to circumciſe, and to offer Sacrifice, and indeed to fulfill the whole Law, none having power to make choice of one part, and refuſe another.

If they urge from the Goſpell, that indeed gives moſt bleſſed rules for faith and converſation, but as to Government, it is apparant from thoſe words of our Saviour, (who made me a divider of inheritances) that the Goſpel intends not ſo much earthly, as heavenly things; but both old and new Covenants agree in this, that all juſt agreements and contracts amongſt men, (ſuch are our Fundamentall Lawes) ought inviolably to be kept and obſerved.

The ſenſe of the Law of God is cieare in this, that it is a curſed thing to remove the land-marks of forefathers; nor are any more highly approved of by God himſelf then the Rechabites, for walking ſtedfaſtly in the laws and conſtitutions of their forefathers.

Nor can any thing be more deſtructive to Government or human Society, then for men to admit that they are not obliged to obſerve the Fundamentall juſt Inſtitutions of the countrey wherein they were born, there being nothing that tendeth ſo readily to the ſhaking of a well-bounded ſociety of men into anarchy and confuſion: For, what is it that gives any man propriety in what he hath but Fundamentall Law? What is it els that defends propriety, but Fundamentall Legall Power? Why have you, and we, and thouſands more ſo cried out upon ſuch as pretended a Prerogative above Fundamentall Law, and above Parliaments, but that it was in ſubverſion thereof? Why did our Forefathers and all their poſterity, down to our ſelves, ſo heavily complain againſt the with-holding of Parliaments, and againſt triall of Cauſes by any other way but by Juries, but that they are both Fundamentall? Why was it alwayes noted as a mark of regall prevalencie in Parliaments when any thing paſſed there contrary to thoſe ancient Rules? Why upon all complaints of oppreſſion are the amendments alwayes made by that Rule, as that when Parliaments had been deferred, and complaint made, the remedy runs thus: For remedy of grievances and miſchiefs which daily happen, a Parliament ſhall be choſen once every years according to Law: where it is evident, the Law was more an cient then the Act of Parliament or amendment.

Alſo after abuſe and innovation in triall of Cauſes the amendment comes and ſayes, That no man ſhall be attached, fixed, impriſoned, exiled or deprived of life, limb, liberty or eſtate, but by Iuries, according to the Law of the Land: Which ſhewes the Fundamentall Law to have been time out of mind before Magna Charta or any Statute Law. Why when after judgment in the legall Courts, the Chancery and Parliament had taken cognizance of the ſame Cauſes by way of appeale, doth the amendment come and ſay, hence forth after judgment in the legall Courts the parties ſhall be in quiet and free from being called either into Chancery or into Parliament, according to the Law of the Land, but in reſpect to the ſupremacy of Fundamentalls? Why were Petitioners in former times ſo carefull not to inſert the leaſt ſyllable contrary to the Fundamentall Law, but that they knew Parliaments were chiefly ordained for their preſervation? And it will not be throughly well in England, till Parliaments make anſwer to Petitioners according to the Rule of the Fundamentall Law. The late Worceſterſhire Petitioners for Tythes may then know what they may juſtly expect from them, viz. that they are at liberty either to give or pay tythes, or any other proportion of their incombs, to ſuch whom they will contract with for their labours in teaching divine things, or any other kind of learning, but thoſe that ap prove not of paying, are not to be enforced; and thus in all things are the Engliſh free, wherein their neighbour is not violated

Had this rule been obſerved of late years, it had e're this ſtopt the mouths of many Petitioners, and be got a better underſtanding amongſt the people, who have been ſhattered into ſhwers for want of this principle to unite them, every man ſtirring and contending as for life for his own opinion; one will have the Parliament do this, another that; others gathering themſelves together in knots, and boaſting how many hands they had to their petition; a ſecond ſort of men to theirs, and ſo of the reſt, how many friends they had in the Houſe for this thing, how many for that; and thus like the builders of Babel, they have been devided for want of knowledge, and fixtneſſe in and upon the Fundamentalls, which only can give reſt to the ſpirits of the Engliſh, the goodneſſe whereof having been once taſted, would ſoon beget a reconcilement; and doubtleſſe this way or none muſt come the true and laſting peace amongſt our ſelves, and by this means only can we ever be made conſiderable, either againſt obſtinate corrupt intereſt at home, or againſt foraign pretenders and enemies ahroad, who otherwiſe obſerving us to be a floating unbalanced people, and conſequently divided and ſubdivided within our ſelves, will never ceaſe to diſturb this Nation; whereas were we once again bound and knit together with this juſt and pleaſant ligament of fundamenthll Law, divide and raign would not be ſo frequent in their vanquiſht mouths, which indeed is the main ground of the hopes.

Conſider we beſeech you, how uncertain the rule of prudence and diſcretion is amongſt the wiſeſt and beſt of men, how unſtable that people were that ſhould be every year to make their Laws, or to ſtabliſh them, have we not found the Proverb verified, ſo many men ſo many minds; this thing voted by one ſort of men as moſt juſt and neceſſary, yea mens eſtates, and lives, and conſciences caſt upon it, and thoſe the beſt of men, when in ſhort time after the ſame voted down as moſt unjuſt and pernicious; infinite inſtances of this kind we doubt not will come to your remembrance, and therefore not without good cauſe have our Predeceſſors given ſuch dear reſpect to their Fundamentall Rights, that unleſſe mens underſtandings were even bewitched with the ſallaries of corrupt intereſt, they would chooſe rather to loſe their lives, then to part with one of them, eſteeming every man, though born in England, no more a true Engliſhman, then as he maintained the Fundamentall Liberties of his Country.

To conclude, none ever yet denied that we had Fundamentall ſtanding Laws, and ſuch as againſt which no Statute Law ought to be obeyed; but endeavours you will find have been in all ages for powers to eſtabliſh themſelves, and govern by diſcretion, upon a pretence of more eaſie and ſpeedy diſpatch of juſtice, as the late King did, when he by power brake up the ſhort Parliament; before this, he publikely declared, that he and his Lords would with more ſpeed and better juſtice redreſſe the grievances of the people, then the Parliament could do.

And though this hath been a diſeaſe incident to the ſtrongeſt to give Laws and inforce them upon the people, yet as it is manifeſtly againſt the Fundamentall Rights of the people of England, which you have profeſſedly fought to reſtore, and not to deſtroy, having conquered their enemies, not their friends, ſo have you by Declarations laid grounds againſt ſuch temptations; and as abhorring all ſuch wicked and unjuſt intentions, would not have any entertain any ſuch ſuſpition of you; we have very great hopes, that as you will carefully preſerve your hands, your ſtrength, and power from being defiled, by impoſing Innovations, or continuing ſuch as have been brought upon us, or yet by being inſtrumentall to ſuch as would, ſo we truſt, and earneſtly intreat that you would lay the premiſes to heart, and by wiſdome and perſeverance, procure the antient good Laws of England to be re-eſtabliſhed amongſt us, they being ſo juſt, ſo mercifull, ſo preſervative to all peaceable minded people, ſo unburthenſome to the induſtrious, ſo oppoſite to all ſelf-intereſt, ſo corrective of any manner of wrong, ſo quick in diſpatching, ſo equall in the means, ſo righteous in their judgements, proportioning puniſhments to offenders, ſo tender of the innocent, ſo conſonant to right reaſon, and having no diſproportion to all true Chriſtian doctrine, that the goodneſſe of them, as well as becauſe they are the tyes, the Bonds and Ligaments of the people, and both your and our Rights and chiefe inheritance, we truſt will cauſe you, like the true ſons of your worthy and valiant Anceſtor, to be enamored of them, and to be now much more of the ſame mind, then when you profeſſed that you eſteemed neither life nor livelyhood, nor your necreſt relations, a price but ſufficient to the purchaſe of ſo rich a bleſſing, that you, and all the free-borne people of England might ſit down in quiet, under the glorious adminiſtration of juſtice and righteouſneſſe, and in full poſſeſſion of thoſe Fundamentall Rights and Liberties, without which we cannot be ſecure of any comfort of life, or ſo much as life it ſelf, but at the pleaſure of ſome men, ruling meerly according to will and power.

And may the integrity of your hearts ſo appear in all your actions, as may render you well pleaſing in the ſight of God. who hath regiſtred all your Vows (of freeing this Nation from all kinds of bondages) in the dayes of your diſtreſſe: Keep therefore your hearts faithfull; As Moſes, who when he was to lead the Iſraelites out of Aegypt, would not leave a hoof in bondage: and in ſo doing onely, will you be the rejoycing of this Nation to all generations.