FIrst, Reason is Queen-Regent of Hu­mane Affaires; by the sight whereof men discern to walke in the prudent paths of Morality and Policy, even as by the Light of the Day they disc [...]rne to tread the paths of the Earth; And albeit that this interior light of under­standing is in Divine things d [...]rkened, by the fall of our first Parent, yet doth the Eternall Light eve [...] communicate to Mankind sufficiency of Reason (I intend for worldly things) thereby to direct his goings out, and comings in according to the un-necessitating de­termination of God) as it were by a cloudy Day-light, though not a cleare Sun-shine, whereby the Actions of men may severally be discerned.

2. Not [...]ong since I wrote a small Treatise, intituled▪ Tractatus de ju [...]e Regnandi, ei Regni, or the Sphear of Go­vernment the which a [...]beit I conceived that I had squared it according to t [...]e Ru [...]e of Reason; yet some conceive, that it wants its true proportion, or line, and that I have too much extended the In [...]te liberty of the Free-bo [...]n Peo­ple o [...] England: to satisfie (or otherwise convince) such, I have pu [...]ished this Epitome of State-Ru [...]e, or Govern­ment desiring all men to weigh, and con [...]ider what I have written, not with the Prejudicating Eye of Affectation (whic [...] many times mis [...]eadeth apprehensive judgments) but with the Ballance of Reason to ponder every Graine, and if the weight [...]e just and levell to approve and accept of it; if [...]omewhat too light, to adde of their own under­standings what is def [...]cient

3. It is certain that had Man never fell from his state of Innocence, there had [...]in [...] superiority, or rather priority in Nature (viz. That the Parent [...]hou [...]d have been known and reverenced as the Instrumental cause of the Child, &c.) but there had bin no so [...]eraignty, and con [...]equently no subjection; for Spirituum coelestium datur supe [...]io­ri [...]as, sive Prio [...]itas; quamvis omnes [...]isione beatifica perfruuntur: non ta­men subjectantur inter se, vel ad in [...], quia talis subjectio visioni [...], cui Omnes illi spiritus ordi­ [...]antur, opposita foret; et Ratio est, quia si natura est libera, liberrima Glo­ [...]ia; at summae libertali non conve­ [...]it subjectio, subordinata: preterea quilib [...]t spiritus caelestis apprehen­den [...] Gloriam Dei per se, vel in se, & non per al [...]um, vel in alio, non suffi­ciens habe [...]et beneficium, ut se [...]al [...] creaturae subjiceret, cum in Creatore perf [...]ctam simul omnium fruitionem habeat; utcun (que) tendentiam Reve­ [...]enciae inferiores ordine spiritus supe­ [...]io [...]bus, B [...]nig [...]itatis superiores infe­rio [...]ibus adhibere probabile est. had there been no s [...]nne there had [...]een no need of a justiciating Power, nor a Subject to which that Power could have determinated or terminated it self; every mans Actions would have been regulated by the Eternall Law, written in the hearts of men; So that there had been no need of Additionall, or Nationall Lawes: wherefore (by the way) I cannot assent to the Opi­nion of that Gentleman (Fortescue) who said, that all Mankind shoul [...] have been governed by the Lawes of England, if Adam had not sinned in Paradise; for by his favour if Adam had never sin­ned [Page 3] [in School-Reason, or Divinity] he had either always lived in Paradice, or else finished a compleat thousand years (which the Apostle Peter calls a Day with God, 2 Pet. 3. 8.) and then had he either been assumed into Heaven alive or else (if God had decreed a separation be­tween his Soul and Body) he had yeelded himself into the hands of his Creator, sine do [...]ore mo [...]tis, sine t [...]more paenae, without pain of death, or fear of punishment, and had left his Earthly habitation to his posterity, who should have possessed and enjoyed the same without any the least con­tention, or controversie regulated onely by the E [...]ernal Law aforesaid. But (to return) no sooner sinne, but with it sub­jection entred as a cur [...]e, and therfore God said to woman, that she should not onely bring forth in pain (which God would have di [...]penced withall if she had not sinned) but also that her [...]esir [...] should be subject to her Husband, and he should reign over her, Gen. 3. 16. It is very probable that if she had not sinned, she should notwithstanding have ten­dred a re [...]erence to her Husband as more noble in Sex, and created before her in time but she should not have rendred a subjective Obedience, if disobedience had not made her subject.

4 And albeit that subjection is a scourge of sinne, yet it hath plea [...]ed the Almighty according to his divine will, to cause some Persons, and Nations▪ to be more subject then other some; many times enthralling, and ensla [...]ing them by Tyrannicall, or Imperious Instruments for their sinnes (as the sacred Bookes of the Judges, Kings and Chronic [...]es sufficiently declare) and upon their Humilia­tion, or for other secret causes known to his Divine wis­dome, he hath mercifully released, or mitigated their yoak as the sacred Writ▪ yea and humane Records testifie at large: And sometimes God hath done this by speciall, or miraculous meanes, as he did to the people of I [...]rael; sometimes by ordinary wayes, as the Florentines (albeit [Page 4] of late enslaved) purchased their liberty of the Emperour for money, and so also did other Cities of Italy, and else-where in Europe, others by plain defiance and Arms, have regained their Freedome (that is, to dispose of them­selves) as did the Cantons of Switzerland, the Provinces of Holland, Zoland, &c. and either of these wayes may be said to be just; for Id Iuris est, quod Na­tionis est, that is lawfull, or Law which a Id [...]uris est, qu [...]d Nationis est; id est, Id Jure humane obligat Nationem intra se, cujus consensu Generali quid constitutum est, quamvis illud non sit semper synodice Juri Divino, et rectae Rationi con­sentaneum; et Ratio est, quia Homines se mutuo tam inconvenienter; quam conve­ [...]i [...]nter obligare possunt. Nation generally approveth, or admitteth of; and there need no speciall Warrant from God for any thing that they shall do agree­able to their Naturall or Humane Reason, any more then it needed to the petty Kings and people of So [...]om, and Gomorrah (instan­ced in my former Treatise) or to the Nation of the Jewes in the time of the M [...]chebees: And albeit that a Nation in generall should approve, and admit an erroneous Law (as I know not any Nation, State, or Parliament that is infallible) yet such States or Parliaments are collective, or Represen­tative Nations not Univer­sall, or Essen­tiall; [...] in England and Holland. Law ought to be kept, and observed as a Law, because men have power to tye and oblige themselves to incon­veniences (if God prevent not and prudent Reason di­ctate not the contrary) as to conveniences, and their Er­rour being Nationally generall, must either be admitted of all persons (comprehended within their Rule) as legally just, or else permitted, because it is constituted by the high­est Power humane, from which there is no appeale but to God, who in his good time will either mercifully illu­minate their understandings ro reform their Errour, or justly chastise them for their perseverance in Errour.

5. And the Rule of a Free-born People, or a People free to dispose themselves consists in that, wherein the People in generall constitute or determine themselvs, not in that wherein they are constituted, or Constitutio populi liberi con­stat in eo quo se constituit Populus, non in eo quo con­stituitur Populus; et Ratio est quia talis constitutio de­bet esse Active libera, non pas­sive reactiva. determined, tanquam ab alio ag [...]nte, by some other instrumentall cause, for then are they [Page 5] not free: So that it is destructive to the very Essence of their Freedome not to be able to determine themselves to that which they conceive to be Bonum commune, that being their adaequate, and proper object: and this they must not be able to do sometimes only, and originally, but perpetually, otherwise, deficiunt a libertate proprie loquende, & sunt tantum liberi secundum quid, vel denominative; they cease to speak truly, to be free, and are onely free in De­nomination, or a kind of Titulary Freedome; for naturall Reason dictates, that every thing ceases to continue, when the Form thereof, or the Originall Form ceases to be; so that if a people can Originally dispose or determine themselves, and cannot afterwards Actually do it, their O­riginal power, or form of disposing, or determining them­selves A free Nation or People can ever Actually doe it, when they are ne­cessitated, or enforced to use their Pri­mitive or in­tensive Power, and resume their Power intrusted. ceases to be.—But it is to be noted, that no Peo­ple in the world (intending to be free) subditi potius quam subjecti, and who have either conserved their Originall Freedome, or Actually regained it, do, or did ever grant a Power to one, or more, or constitute a Power in one, or more that should be destructive to their intended Origi­nall Freedome; For as Iohn Cook of Grays-Inne Barre­ster, in his Epistle Dedicatory, in a Booke entituled the Ʋindication of the Professours, and Profession of the Law, hath ingeniously said; All Power and Authority is given for preservation, and edification, nothing for destruction and desolation; so that albeit a People, or Nation, to avoid disorder, do constitute a Ruler, or Rulers to conserve Or­der, and do generally consent to direct their humane Af­faires according to such Rules as shall be by him, or them or both given, or prescribed; yet they ever intend that such Rules must not be directly opposite, or against the Law of Nature, or their Naturall Liberty; if they be, they may chuse whether, or no they will admit, or receive, them; they constitute, or institute in their Ruler, or Ru­lers their power extensive, but not primitive, or intensive, that is to say, their innate and inseperable Freedome ever [Page 6] intended to dispose, or determine themselvs, In bonum com­mune In bonum commune, &c. vrgente necessitate co­activa; ut Antea. prout omnibus visum▪ erit, this they never part, or par­ted withall; for at what time soever they should do it, they cease to be Populus liber, or liberi subdits, a free People, or a People which are freely under a Law by common con­sent as aforesaid.—And of this I shall instance a simili­tude in Nature: The Element of Water is not of it selfe extensively coloured, but is apt or applicable to receive any colour; yet it is intensively white (it being Natures Innocent Originall colour) as is sufficiently discerned, when it is converted into Snow, or congealed into Ice, or praecipitated Torrent-like, by an extraordinary fall: so Peo­ple or Nations are not of themselvs extensively regulated but apt or applicable to receive any Rule, w ^ch they, whom they institute, or intrust, shall apply unto them; howso­ever they are intensively free to dispose themselves (it being their Natural-Innocent-Originall Rule) as is sufficiently discerned by the severall Alterations of Government in Athens, Rome, Geneva, Switzerland, Holland, and many other places, where the peoples affections have been either congealed by their over-domineering Lords (as it were creatures of the second Region of the Ayre) or (Torrent-like) have been praecipitated by an extaordinary fall, oc­casioned by some violent disturbers of their common Li­berty ( [...]) the generall benefit of Man­kind. For my part, Anathema be to such, who desire to deprive a King of His just Prerogative; Anathema be to such, who desire to deprive a Parliament of their just Pri­viledge: but Anathema Maranatha be to such who should any way desire to deprive a Free-born People of their just Liberty, or Propriety.

6. Nor can I conceive, but that the English Nation, or People are (if rightly considered) one of the most freest Nations in the World; for they cause, or require their Kings to take their Oaths to conserve their Lawes and Li­berties, before the Crown actually invest their Temples; [Page 7] thereby shewing that they reserue, and intend their generall Liberty and Propriety; And albeit, that a King of Eng­land have his Ius Regnandi, or Right of Reigning by In­heritance as I have instanced in my former Treatise; yet illud jus quamvis sit quoad potentiam, sive officium potestatis derivativum, est tamenquoad exercitium potestatis Relativum, that Right of Reigning, although it be derivative in re­spect of the Kings personall Authority, or rather Office Derivativum a Deo ordina­ri [...] per succes­sionem. for Authority, yet is it relative in respect of his Exerci­sing, or performing that Authority; for though the peo­ple obey the King as their chiefe Ruler, or Magistrate be­fore his Oath taken, yet it is ever with reference, or rela­tion, that He should take His Oath for their preserva­tion, and good in generall, and performe the same; other­wise they have recourse to their primitive, or intensive power, as in the case of Edward the second, from whom Sir William Russell, Speaker of the Parlia­ment, in the name of all men, or people of Graston Chron. Hoc factum fuit legitim [...], secundum Jus Primiti­vum, sive intensivum Populi, Anne tamenlegitimo in foro conscien­tiae & rectae Rationis modi (que) questio est. England, constrained, or took his Royall Office, or Authority; or to speak more truly, deprived him of it, without any former president, exercising the intensive power of the people; for Trussell said not to EDWARD the second, in the Name of the Lords and Commons as­sembled in Parliament, or in the Name of the Commons as­sembled in Parliament, but in the Name of all men or people of England, &c. thereby expressing, or manifest­ing the Peoples Primitive, or intensive Power, more then the Parliaments secundary or extensive Authority.

7. And as the English Nation, or People cause their Kings formally to swear, or take their Oaths to conserve their Lawes, and Liberties; so they cause the Parlia­ment (I meane the Body collective, or representative of the People, viz. the Knights, Citizens, and Burgesses) to take their Oaths (if not formally) yet at the least vir­tually, [Page 8] to conserve their generall Liberty, and Propriety, to do all good they may for the places that intrust them; all which they faithfully promise at their Elections: So that the English Nation, or People never gave, or volun­tarily assented, that their Kings, or Parliaments, or Both, should have an absolute Domineering, or Arbitrary po­wer over them, but onely a Discretive, or Legall Authori­ty intended ever for their good in generall; their ever reserved, and as it were Essentiall Propriety.

8. Wherefore I cannot but marvell at such (whether Kingly Royalists, or Parliamentary Realists, in this case it makes no matter) as by a kind of Idolizing King, or Parliament, or King and Parliament, would suppose, or perswade the People, that their Lives, Liberties, and Pro­prieties are disposable by King, and Parliament, ad Placi­tum; one Iohn Cook of Grayes-Inne Barrister, by me al­ready cited, hath in his Vindication of the Professours, and Profession of the Law inserted, that I have in my former Book, intituled, The Sphear of Government, introduced a dangerous Opinion, by putting, or stating a supposition, or rather a Praesuppositive case, that if King, and Parlia­ment, or King, or Parliament, should make an Act that they would, and might dispose of all Subjects Estates in England (he should have added ad Placitum, for those are my words) that in such case the Counties, Cities, and Townes corporate might if not remedied declare, and protest against such an Act, if violated, then they might defend themselves by Armes.—And to convince this my Assertion, in the next Page, he sayes, if the supream Court be not supream to all intents, it is not supream to any intent, because there is an higher above it; this is no good consequence; for a Power (and conse­quently a Court of Power) may bee supream to some things, yet not to all: the King of Poland, for life, is supreame to appoint what place he thinks fit within the Precincts of the Dominions of Poland for the conve­ning [Page 9] or assembling the Diets, or Courts of the Peers Spirituall and Temporall of that Kingdome; and the King of Poland is also [...]upreame to censure, or punish a­ny of his owne Tenants, and Vassals, or Slaves; yet is he not supreame to censure, or punish any of the chiefe Nobility, but by consent of his Assembly, or Court of Peers; nor can hee meddle with any of their Tenants, Vassals, or Slaves; or determine absolutely of Peace or Warre, &c. In the Common-Wealth of Geneva (which he calls a pure Democracy) the People in generall are su­preame [...]o nominate, or elect Two Hundred which are the Grand-Councell; and those Two Hundred are su­preame to nominate, or elect the Twenty five, and yet not supreame to elect the foure Syndiques, or Annuall Go­vernours, or rather Rulers, &c. So that it is no good con­sequence (as afore-said) to affirme that, if the Supreame Court be not supreame to all intents, it is not supreame to any intent, because there is another above it; For in Geneva it is evident, that the Two Hundred, or Gra [...]d-Councell, is the supreame Gourt, and yet not supream to all Intents; the People indeed, or Common-Wealth in generall, (which are the supreame Power, though not Court) are supreame to all Intents; but of that hereafter.

9. But the Gentleman sayes, that there are in the King­dome so many thousand Acres of Land, either the Parliament may settl [...], and determine the Right of all their Acres (hee meant surely those Acres) or not of any one of them, for there is no medium, &c. But what is this to the purpose, of the Parliament having a power to dispose of all Sub­jects Estates ad placitum? who knowes not, but that the Parliament can determine the Right of all Acres in England, in foro judicii, as v. g. the Parliament can de­termine whether White Acre belong of Right to Oakes, or Stiles, let the Title of either of them be never [Page 10] so difficult, or obscure, and the Parliament can determine whether or no, Oakes or Stiles have forfeited their Pro­priety of, or to White Acre for Delinquency, &c. More­over the Parliament can (which no other Court can doe) applicare in necessitatem Regni, apply to, or for the necessity of the Kingdome so much of the profits of White Acre, as to them shall seeme convenient; provided that the cause, or causes thereof be made manifest, that Oakes, Stiles, and all men may (if they will) take notice there­of; and provided also, that an Accompt be given how and which way the profits of White Acre have beene for such cause, or causes applyed, and disposed of; for no Free-born English-man (much lesse the Nation in gene­rall) ought to be deprived of any his Right, or propriety without good cause: Notwithstanding the Parliament of England cannot disponere ad Placitum, dispose at their will and pleasure barely of White Acre (no, nor of one quo modo una particula terrae ad placitum disponi potest eo modo & om­nis Terra in Regno Angliae disponenda so­r [...]t. Acre of waste in England) v. g. that whereas White Acre belongs of Right to Oakes, Stiles shall notwith­standing have it because it is their will and pleasure; this they cannot doe; for at what time they should do it (al­beit I suppose it almost impossible that they should do it, as I have formerly instanced) they fayle, or fall from the Protection of the People, and usurpe to themselves an ab­solute Arbitrary and irregular Power, destructive to the generall good of the People, and consequently cease to be a Parliament, and become Tyrants, and Oppressors.

10. I cannot therefore but somewhat admire, that a Lawyer, and one that seemeth unto me to have under­stood Logic, should be (having been as it seemes to me sometimes seasoned with Intellectuals) so unsound in his Intellectuals, as not to distinguish between Disposing at Pleasure, and Determining of Right, or setling according to Right, being things of a different species, and not magis, or [Page 11] minus in the same species. But it is not amisse to take a lit­tle notice how the Gentleman opposes himself; in his Book Page 4. he sayes, it is resolved in the Earl of Leice­sters Case, that an Act of Parliament against the Law of God and Nature is void; but this must be cautiously understood (sayes he) that I speak not of secundary, or lesse principalls of Nature, &c. Pray let him tell me, whether to dispose of Oakes, or Stiles white Acre ad Placitum, be not directly against the Law of God and Nature; the Decalogue sayes, Thou shalt not steale; Thou shalt not desire thy Neigh­bours house, &c. and Nature dictates, doe, as thou wouldst be done unto; Now he, or they that dispose at their owne pleasure, of theit Neighbours Acre, or Acres, do steale, for that he, or they deprive their Neighbour, or Neigh­bours of their Right, and Propriety; they covet also, for that they desire, and acquire to themselves a power of disposing at pleasure; they oppose also directly the Law of Nature, for they would not have any one to dispose of their Propriety, ad Placitum, or at their own wills, and therefore ought not to doe it to another; so that if the King and Parliament should make an Act, or King, or Parliament make an Ordinance, that they might dispose of all Subjects Estates, ad Placitum, &c. they oppose the Law Plowdens Comment. of God and Nature, and even by his own citation, and assertion, it is void; and I am sure it is also directly op­posite to the Rule, frame, and constitution of a free Na­tion (such as are the English, being no Turkish, or Mus­covian slaves) where the Rulers and Governours are but intrusted (as I in my former Treatise have instanced) for the generall good of the Nation: And the Gentle­man, albeit he hath cavelled at me in the latter end of his Book, yet hath he confessed, and acknowledged as much in his Epistle Dedicatory in two severall places: the first is by me already cited, notwithstanding I will mention the words again; which are, all Power and Authority is [Page 12] given for Preservation, and Edification, nothing for destructi­on, Dispositio mere ad Placi­tum, est destru­ctio & desola­tio. and desolation; the others in the same page are, for by the fundamental constitutions of this Kingdom, and the very frame and series of Government, the Power is intrusted into their hands to superintend and supervise all other Courts of Iustice; Now surely if Power be intrusted to t [...]e Parliament (as truly it is) then can they not go beyond their Trust to dis­pose of the Free People of England their Estates, ad Pla­citum, but onely to determine of them, ad Rectum, or Ius, or to apply them ad necessitatem Regni, to or for the ne­cessity of the Kingdome, of which necessity they are the ☞ Judges.—The Gentleman sayes, that many a man marryes a widow that would be gladly rid of her children: for my part, I know not whether, or no, the Gentleman be marryed; or whether he have marryed a Maid, or Wid­dow, but I am sure (if he rightly consider it) he may be glad to be rid of his sick-brain begotten Childe [his As­severation that the Parliament is unlimited, and conse­quently may dispose of all the Subjects, or Peoples E­states, ad Placitum] for I verily believe, that no man found in his Intellectuals will harbour it, or give it enter­tainment, nor can himself sustain it.

11. I grant him that the Parliament is the highest Deus est causa efficiens, & fi­nalis mundi, quia operatus est Omnia per se, et propter se. Populus etiam est causa effici­ens, & finalis Parliamenti quia per se, & propter se illos eligunt, &c. Court extensive (viz. to conserve Rule, Order, &c.) but the People in generall (viz. the Counties, Cities, and Towns corporate) are the highest, or greatest Power Intensive, in that they are the efficient, and finall cause under God, of the Parliament; Now the efficient and finall causes are the most noble of causes, nor are they, or can they be subject, or subordinate to their owne effects, so farre forth as they are causes of such effects; so that the Parliament can never deprive the Counties, Cities, and Towns Corporate, by any Act, or Ordinance whatsoever, of their innate, and inseparable Right and Power of [Page 13] Electing, or creating Knights, Citizens, and Bur­gesses, de futur [...], or for time to come, whereby a Par­liament might be instituted, or assembled by any other way, then by way of free Election; no more can the Par­liament deprive the free People, or Nation of England, of their Generall Liberty, and Propriety, for in these things the Sphear of the Parliaments Activity is circumscribed by the Nations large Bulke of Primitive, or intensive Po­wer; Wherefore the Gentleman mistakes when he sayes page 89. It is impossible that the supreame Court in any Kin [...]d [...]me should be limited, &c. In these Precedents, a­mongst free Nations all supreame Courts are d [...] facto, li­mited; as in Aragon Gene [...]a▪ &c.

And for my part, I cannot find that the Parliament In Aragon, Valentia, and C [...]lonia, the three Estates, or Cortes de­los Regnos, as they call them cannot alter so much as one of their Municip [...]l [...] Priviledges. Practiceth an unlimited or absolute Power, for amongst other things they have instituted Committees, and Sub-Committees of Accompts, not onely to vindicate them­selves from the scandall imputed by some, (viz. that the Parliament should exact more from the people then the necessity of the Kingdome req [...]ed, &c.) but also to give the people a generall satisfaction, how, and which way their Estates are applyed, and imployed for the Necessity of the Kingdome.

12. And now I think good further to satisfie the Gen­tleman and such as adhere or incline to his opinion afore­said, concerning the Primitive or Intensive power of a free People; I have already aid that a free People are ever free to dispose, and determine themselves▪ in Bonum com­mune, prout omn [...]bus visum erit, to a generall common good, as it shall seeme good to themselves; and that they never part, or parted with this power, for that at what time soever they should doe it they cease to be [...] liber, or liber [...] subdit, a free People▪ &c. And to make this Assertion more conspicuous, and plaine, I instance [Page 14] this simile; Joynt Free-holders, or Free-holders joyntly, let a Lease for one thousand, or two thousand yeares, if the World endure so long, with reservation notwithstan­ding of a continuall acknowledgment to themselves, or other­wise the said Lease shall determine, and cease to be, and it shall be lawful for the said Free-holders, their Heires, or Successours to re-enter into the said Free-hold, or Free-holds, and to dispose and settle them, at their plea­sure: even so a free Nation, or People let a Lease of their power for one thousand, two thousand, ten thousand yeares if the World so long endure, (no matter what time) to their Rulers (whom they institute and intrust) in which they give and grant power to them of Determi­ning conserving, and applying their Liberties, Rights, and Proprieties justly, So to the particular good of every man, ☞ as may not repugne the generall good of all; so to the generall good of all men, as may not annihilate the particular good of one unjustly, or indirectly; with reservation notwithstan­ding of a continuall acknowledgment to, or for themselves, that they (viz. the Nation, or People) are the efficient cause of their power, by electing, and creating them; and that they are not to domineer over, or dispose of the [...]r Liberties, and Proprieties, ad placitum, but onely to determine of them ad Rectum, and apply them to the generall good of the Kingdome, according to the necessity of the Kingdome, Nation, or People, as aforesaid; if otherwise their Po­wer determines, and ceases to be; and it may be lawfull for the Nation or People to re-enter, viz. to make use Eo modo quo quid constitui­tur, eodem mo­do & dissolvi potest. of their first primitive power, and to dispose, and settle themselves at their pleasure, or as they shall think good: And even as the Free-holders cease not to be Free-hol­ders, notwithstanding their long Lease, for that there is a Reservation of a continuall acknowledgment due unto them, and a power of Re-entry in case of Breach of Co­venants, and the like; even so a free Nation, or people, [Page 15] cease not at any time to be free, notwithstanding their long Lease of Trust, for that there is a Reservation of a continuall acknowledgment belonging unto them (viz. that they are the efficient cause, de saculo in saeculum, from Age to Age) and they have likewise a power of using their power p [...]m [...]tive, and intensive, or power alwayes intended and reserved, in cases aforesaid: Notwithstanding, as the Immediate sub Deo Popu­lus liber, est causa efficiens, & perpetua potestati [...] Regulatae. Free-holders cannot re-enter, but onely in case of Breach of Covenant aforesaid; for if otherwise they do it, they are meere Usurp [...]rs, and Oppressours; so the free Na­tions, or people cannot use their primitive, or intensive power, but onely when the fundamental frame of their Efficient Power▪ and their Liberties, and Proprieties are destroyed, or violated ad placitum, as aforesaid, if other­wise they doe it, they are meere Rebels and Anarchists, for they have intrusted all their other Judiciall Power concerning Determination, Conservation, and Applicati­on to their Rulers.

13. The Gentleman whom I have formerly cited hath said in his Book, that he never heard or read of a­ny thing more prejudiciall to the Parliaments Authori­ty, then my Assertion in my last Book, and in this, (viz. that the Parliament cannot dispose of the Free-peop [...]e, or Sub­jects Estates here in England, ad placitum; but I must tell him that I never read of a more prejudicious, or pernici­ous to the Parliament, then to say that they may doe it; for what say many of the vulgar; if the Parliamen [...] may dispose of our Estates at their pleasure, how shall wee know t [...]at they will not? if any man tell them, that it is very unlikely, that so many will never consent to doe such a thing, for that they might by that mean enslave their own Posterities: what say they, if they can dispose of all the Subject [...] Estates ad placitum, for ought we know they might exempt themselves, their Heires, and Suc­cessours; [Page 16] and likewise for ought we know they might make a Law that they will no more be Elected, or ctea­ted by the Counties, Cities, and Townes Corporate, but by a perpetuall Denomination by, or from themselves: and what can be of more dangerous consequence, then that such an Opinion, or Opinions as these should once take root in the mindes of the Common People? and what can sooner cause them to take root then that they finde and reade a printed Booke allowed of to that pur­pose? But if one tell the vulgar, that the Parliament cannot dispose of the Subjects Estates ad placitum, or meerly at their pleasure, but that they can onely apply in an equall way the Estates of the People to or for the ne­cessity of the Kingdome, of which Necessity they are the Judges; and likewise that the PARLIAMENT cannot make a Law, or Ordinance that the Knights Citizens, and Burgesses; shall, or may be appointed or denomi­nated by themselves (thereby to alter the frame and con­stitution of this NATION) but that they must perpetu­ally from Age to Age be Elected, or created by the Counties, Cities, and Towns Corporate; then they be­gin to harbour a better Opinion, and are more incli­nable to undergoe their Ordinances: And I believe that the intent why the HONOURABLE HOUSE OF COM­MONS published lately a Declaration the Seventeenth of April. 1646. Ordered to be read in Churches, was to undecei [...]e the People that they never had any thought to dispose of their Estates ad placitum, and so forth; for they expresly say, and Declare, To main [...]ain the A [...]cient and Fundamentall Government of the Kingdome, to preserve the Rights and Liberties of the Subject, &c.—Where­fore I would not have the Gentleman or any other to run be [...] the marke; I like not Quid [...]imis; it hath been [...] of many Enormities in Church and Com­mon [...] ▪ my part I wish, [...] I have ever wished, [Page 17] and formerly expressed my selfe, that the King might en­joy his just Prerogative (as some call it) or Right of Reigning; and I wish, and desire as much as any other, that the Parliament might sustain their Priviledges, and Judicatory Power; But I could never suffer, nor would I if it were in my power any way to prevent it, endure that my Nation, or Fellow Subjects should be enslaved [...]y any Exorbitant Power (Potentate or Potencies) For­ [...]ain or Domestic; And I doubt not, but that the Ruler of Heaven and Earth will by his Divine Providence esta­bli [...]h such Rulers and Rules in this KINGDOME, as may be a meanes to conserve this Nation from slavery and thraldome, AMEN.

FVrthermore, having in my former Treatise and in this affirmed that the P [...]rliament is the [...]upreame Power Judicatory to censure and determine all matters doubtful, and disputable (for such hath been the constitution of this Kingdom for many Ages) I conceive therefore that the Parliament may▪ and have onely Power to settle what Form of Religion they shall think good; and albeit they should erre therein (as Parliaments may erre, and some de facto have erred) yet theit Ordinances oblige Iure [...]u­ [...]no; that is men ought [...]ither to obey such Ordinances, or if otherwise their Con [...]ciences dictate such Ordinan­ces to be erroneous, they ought to undergoe such penal­ties Quicquid est contra consci­entiam edificat ad peccatum. as should be by them inflicted if they should impose or ordain any such: And as it is in the power of the Par­liament to inflict penalties, so is it in their power to miti­gate penalties, or inflict none at all for matter of Religion; wherfore for my part I greatly honour and reverence the [...]are that the Parliament seemeth to take, and which the Honourable House of Commons have published in their [Page 18] Declaration 17. April 1646. already mentioned, That they, have not as yet resolved how tender Consciences, such as differ not in Fundamentals may be provided for, so as may stand with the peace of their foules, and peace of the Kingdome; thereby intimating that they intend not to use severity, for mat­ters of Religion meerly (a course though practiced by Pagans, befitting no men much lesse Christians) but ra­ther by clemency to induce men to embrace, o [...] follow such Orders, or Ordinance; touching Religion, as they shall institute: Mor [...]over, I cannot but greatly blame such as would have m [...]ns Consciences wrackt and enfor­ced in disputable matters, or Tenets of Religion; such as blame Domineering in others, and yet would exercise it themselvs not considering what the Apostle Pet. hath writ­ten, 1 Pet. [...]. 3. [...] t [...]at Rulers should not be as over-domineer­ing Lords of Christs Flock, but as Types, or examples to the flock; nor do such consideratly weigh the Apostles words, Gal. 6. 1. Brethren, if a man be overtaken in a fault, ye which are spirituall, restore such a one in the spirit of meek­nesse, considering thy selfe, least thou also be tempted; he bids them not menace much lesse persecute for errour, nay the Apostle directly forbids it, Gal. 5. 15. But if [...]e bit [...], and de­vour one another take [...]eed ye be not consumed one of another, as if he had said, if ye break the Bond of Christian Chari­ty take heed least God give you not over to your malici­ous intentions and practices by which ye may become In­struments one to destroy another; The holy Apostle like­wise Rom. 14. 10. forbiddeth men directly not so much as to judge a Brother for things indifferent, or for things which Christian Liberty in Christ giveth leave unto; for saith he, We shall all stand before the Indgment Seat of Christ: but it may be some will say, these, and such like Councels, or Precepts of the Apostle were spoken, or de­livered by him concerning meeknesse, to he used in admo­nishing [Page 19] our Brethren, in errours meerly of Practice not of Doctrine, or in things not cleerly expressed in Scripture, not in things evident, and plain in Scripture: to such I answer; what are the great matters in debate and con­troversie, or rather small matters in great strife, and con­tention now a dayes agitated, but either matters meerly Practicall or exteriour Formes of Worship, and Ceremo­nies, whether tollerable, or intollerable; or else matters obscure, or but by probable Arguments deducible out of Scripture, as Lay-Elders (a Businesse now of dayes, of no small consequence) whether they be not sufficiently war­ranted by this Text, 1 Tim. 5. 17. Let the Elders that rule well, be counted worthy of double honour, especially they who labour in the Word and Doctrine; the Greek hath it, [...] labouring in Word and Doctrine, and from hence it must be deduced forsooth, that there were some Elders that did not labour in the Word and Doctrine, and consequently that such were Lay-men; Truly others that are as sound in their judgments (it may be) as those that make this Deduction, will say that the meaning of that Text is this viz. Presbyters (or Elders) It is very probable that some Apostles and Disciples in the Primi­tive times, la­boured more then others in preaching &c. that rule well be accompted worthy of double honour, in respect of the younger or inferiour; but chiefly such as beside their care, and ordinary performance of their charge labour extraordinarily in Preaching, and exhorting or edifying; even as one might say, let Civill Magistrates that govern well, be counted worthy of double honour, in respect of other ordinary, and inferiour Persons; but chiefly such as beside their care, and ordinary perfor­mance of their Offices according to their Oathes, and Duties, labour extraordinarily for the Publique good by advising, and consulting; I doe not find that it could be deduced from this last inference, that Clergie-men were or ought to be Civill Magistrates; nor can I finde, that it can well be deduced from the Apostles words, that Lay-men [Page 20] ought to be Presbyters, or Church-Elders: and yet a great deale of stirre is kept about this businesse, and such like; and some would faine have their but probable Deductions, if so much, to be Orthodoxal Expositions, and so to be held de Iure Divina, that's no presumption: but by the favor of such, I would fain know whether they are infallible or no; if no why would they then impose their Expositions de Iure Divina; if they are infallible I would gladly know how they now come by such an extraordi­nary gift of Infallibility, and that the World (by their own acknowledgment) hath wanted it for so many Ages, as they say, in all Ages since the Apostles time; as I have said, that in Civill Affaires there should not be Quid ni­mis; so I say in Church-Affaires and wish that men (for alas what are we all but men) would not take upon them Quid nimis, especially in matters either indifferent, or else obscure and difficult, or such as may admit of sever­all interpretations and Constructions. I will instance for Example sake one Text of Scripture; viz. [...] 1 Iohn. &c. In the beginning was the word, &c. All Divi­nity te [...]s us that Eternity is Identicu [...] nunc, the selfe­same now, and that it hath neither Prius or Posterius, beginning, or ending what beginning then can the Eter­nall Ʋ Ʋord or Sonne of God) have? no beginning in time because Eternall, nor Pater Aeternus non semel sed semper dixit verbum Aeternum mentis suae (sive gagnis filium) et Ratio est, quia quod agit Pater semel ad intra, semper agit hodie, & quotidie, quia ad intra nec Prius, nec Posterius: verba Psal­mistae, ergo, ex utero ante luci­ferum Genui te; non dicunt con­summationem Actus Aeterni, sed completionem ejus, sive perfecti­onem. in Nature because Increase: what be­ginning then? or what may the word Beginning in that place signifie? Some will have the meaning of that Text to be this; In the beginning when the World was created, the word (verbum meniis) of the Fathers understanding was, and so if that were in the Beginning, that was before all Beginning; but this is no good consequence, sayes an Arrian, for the word might bee [Page 21] before the World, and yet be a patre ta [...]quam effectus a causa, be as an effect caused by God the Father, and so have some beginning (as every effect hath) though before the World, and to hold this is Heresie, for that the Father is not causa filti, but onely Principiu [...] fil [...]i, not the cause, but naturall beginning of the Sonne: others will have the meaning to be thus; in that beginning, or instant (which was and is ever, or Eternall) wherein the Father knew formally his Essence, and Attributes, he spake, or begot the word of his mind, or understanding, being a Terme of his infinite Knowledge, not produced by ne­cessity, or will, but emaning, or flowing as it were by natur [...]ll faecundity: Others will have the meaning to be thus; in that beginning or instant aforesaid, wherein the Father knew not onely formally his Essence, and attri­butes, but also all creatures possible and existent, he spake or begot the word of his mind or understanding; for [...]ay they, the word which is the Terme of the Fathers infinite Knowledg is a perfectissim [...], & plenissima cognitione ejus, from his most perfect, and fullest knowledge; and from hence arise divers Arguments pro & contra, not onely be­tween the Thomists, Scotists and other School-men but also amongst other sorts or Sects of Christians; but must men for these, or the like disputable differences cut one anothers throats, or persecute one another? God forbid, there is not the least warrant in the New Testament for it: in the time of our blessed Saviours passing his huma­nity on the Earth, some there were casting out Divels in his Name, whom his Disciples for [...]ad because they fol­lowed not Christ as they did; but our Saviour rebuked them, and bad them suffer them, and let them alone, say­ing he, or they that are not against us, are with us, ad­ding moreover that it was not likely that any one should Mar. 9. 40. doe a miracle in his Name and speak ill of him; our Sa­viour said not, that such as workt miracles in his Name [Page 22] should confesse, and speake all that ought to be confessed, and spoken of, or to his honour; but that such as spake not ill of him should (if they confessed his Name) be permit­ted, or suffered in this World; and shall not we then suffer one another in matters of Religion? Shall we am­bitiously compasse our Neighbours goods, or meanes, under pretence of Religion, thereby scandalizing Chri­stianity: No! let all self-ends be abolished, and Peace and Union be embraced, that we of this Nation may become an Elisiu [...] of comfort of Christian Charity, and mutuall Amity, one to ano­ther, and a President of them all to other Nations.