TO The Right Honorable, The Parliament of the Commonwealth of ENGLAND.
THat after such a harsh rejection of my former Book by some of that Committee to which it was once dedicated; I should adventure upon a new Dedication of both this unfortunate Essay, and its Vindication to your Honorable Patronage, will by all that consider the common carriage of humane affairs, be deem'd an act of a Philosophical folly, a childish presumption of an unb [...]llanc'd integrity, not to be found in any Judicature within our subsolars sphere of Vanity, [Page 4] yet hop'd for by me in that tribunal, where not onely my adversaries themselves, but many more upon several principles oblig'd (as is suppos'd) to uphold their repute must sit as Judges.
But having in my whole mangement of this controversie as in all my actings hitherto bottom'd my self upon a better perswasion; I cannot by any particular misadventure of mine, occasion'd by a small handful, not considerable to your whole body, suffer my self to be shaken in this my beleef, that the Parliament of the Commonwealth of England will do impartial Justice.
Besides, to the utmost of that foolhardiness objected, I am not without the Apology of good Precedents; the one of the Apostle. Paul, appealing from the semipharis'd Judgement seat of Cesars D [...]puty, to Cesar himself; the other of three ancienter Appellants, one of which appeal'd from the Judge [...]leeping, to himself wakeing; another from his left ear to his right; the third from the partial censure of one ear to a fuller hearing of both.
And hence it is, that like the Pilot of [Page 5] a well timber'd ship, fearing no storms at open sea, but only the danger of wrack, upon a hostile or unhospitable shore; I have thought it no ill wisdom to set my Cause a floating in the grand Ocean of your more publick and supream cognisance.
In which, though I might justly promise my self all the allowance of favour Impartial Justice can condescend to, having from the very first breaking forth of these civil discords, to this very hour, willingly adventur'd my whole fortune to sink or swim in the sole and single bottom of the Justice of our Parliamentary Cause; but that person and interest I have stood up to oppose, appearing for the Commonwealth, upon a meer Ecclesiastick score; and that failing, now owne your fortune rather then you, as St. Christopher is said to have done Christ, upon the only principle of strength on which they stand vertible like a Weathercock, to face about with every wind of success, and may, if the Scots Cesar prevail, alledge that they did but in bending like reeds for a while reserve themselves unbroken for his better fortune: All this notwithstanding, I profess [Page 6] openly with him, whose pattern I follow in this my Appeal, that if in the management of your own principles in this very Controversie, I have transgres't any Law, Divine or Humane, or but the rules of common morality, I shall not repine to suffer such proportion of penalty as the Law hath design'd for my offence, or your Justice shall think me worthy of: But if I appear no wayes a Transgressor, I ought not to lie under the feet of an Arbitrary censure, nor be remanded back to Jerusalem (where my adversaries are so prevalent) to be judged of these matters.
I have appealed to the Parliament.
The Printing of a Committees, or any Courts proceedings without their Licence, which is, I hear, the main thing objected against me, is, as far as I know, a thing neither forbidden by the rule of common Justice, nor any known Law of this Nation; by the plain and evident transgression whereof, and not by doubtful inferences a man is to be judg'd an offender; and when prov'd to be such, yet is not that man thereby made obnoxious to whatsoever penalty the Judge [Page 7] shall please to inflict, but to that onely penalty allotted by the Law to such particular transgression; and whatsoever Judge deviates from this rule, makes himself in that deviation the highest transgressor.
This is one of the main Characteristicks of a free people, that they are govern'd by Laws, not the Wills of men; and 'tis a principle no less dangerous to the Parliament it self, and every member of that body, then destructive to publike Liberty, to assert the Supremacy even of that supream Authority, as Paramount to the standing Laws of the Nation; so as to place in them a power of Judicature Independent of any Law, but that of their own wills. For how suddenly even in a moment may not onely private men, but many, even of the best members of that Society be surpris'd by a sudden vote of a major part in the House to a devesting them, not onely of their publick trusts, but their other legal priviledges and possessions? which sadly laid to heart, should, methinks, make an unlimited power in that body, not much less formidable to the members themselves, then any other [Page 8] particular man of the Nation.
I deny not the Legislative power to be an inherent priviledge of that Supream Authority; but the legislative, and the legis-violative: that of making or changing, and that of breaking of Laws, are distinct powers; the first is in the Parliament; the last, I conceive, in no mortal man, or lawful combination of men whatsoever.
'Tis, not I hope, obliterated out of our memories, what a numerous generation, of both legal and Evangelical Parasites this Nation once swarm'd with, who that they might be the larger sharers with him whose power they magnified, were not asham'd to extoll the Regal Prerogative, to an equality, almost with that of the Supream Lord of heaven and earth, Preaching and proclaiming everywhere, That the King could do no wrong, that he was above the Laws, an absolute Master of every mans estate and life; that we must be unmurmuringly subject to every beck of his Will; and that to disobey was damnation. And these you know were they that prov'd the late Kings most dangerous and deadly enemies; 'twas his not disclaiming, [Page 9] but rather owning these Prerogatives rais'd up that spirit of jealousie which alarum'd the people to make war against him, and dethrone him: And surely such are they, even the most inveterate enemies to the subsistence of this Common-wealth, and its Parliamentary Government, who preach up an absolute unlimited subjection to these Higher Powers, magnifying their power and priviledges into a bottomless and boundless Ocean, which can at its own pleasure overflow that Life, Liberty, and property of every particular man of this Nation, which it was ordained to preserve. These make the State, as they call it, Heir apparent to all the Kings either Revenues or Prerogatives usurp't out of the peoples Rights, as the King upon his Renouncement of the Popes supremacy made himself of all the Papal usurpations. But surely 'twill not be to the Parliaments either Honour or Safety, to own the revival of those dead & rotten Doctrines, the prop and ruine of our former government.
But if besides this every Committee of Parliament shall assume to it self the like unbounded dominion, then is the danger encreas'd an hundredfold, and [Page 10] there will then want nothing whereon to bottom a perfect jealousie, but every single Parliament mans arrogating to himself the like incontroulable supremacy; which will follow in the end, if wisdom give not a timely stop to the first beginning of exorbitancy.
These incommunciable attributes of the worlds supreme governor, absoluteness and omnipotency when arrogated to themselves by temporal Princes in their Spheres, have alwayes prov'd like that fire Prometheus stole from Heaven; a corrosive to eat out their own bowels: And whosoever allur'd with the beauty of those spoils of the fallen Jerico, shall save them from that fire they were devoted to, to embezel them into their own treasuries, will with that Achan, the troubler of Israel, bring in the end a swift destruction upon own their heads.
For such an unweildy power, besides that it does commonly in a small time grow so insupportable, as to enforce the enrag'd Multitude by desperation, into conspiracles and attempts for their liberty (of which, History, both Ancient and Modern furnishes us with remarkable Presidents) when it comes to [Page 11] have no extern force to contest with, will inevitably fall foul upon it self, and prove like those Josephus tells of, who having shut themselves up into a Cave, drew lots who should be first kill'd; and so till it came to the last man, who was by Covenant to kill himself. Or like that Church which by differences and excommunications brought it self from two hundred, to a Duel of two men, and at last ended in the unity of a single person. Or lastly, like that series of the Roman Emperours, who rais'd to their Thrones by the sole Law of the Sword, and ruling by no other Law, had every one of them a period put, both to their power and lives, by the same fatall destiny that enthron'd them.
These things, as a Cordial friend to your publick interest, I humbly make bold to represent as an antidote against that sweet poison wherewith those trencher Chaplains, your own, and the Common-wealths deadliest enemies, would puff you up to your destruction, perswading you as the regal Sycophants did their Patron, to found your power and proceedings upon the principles not of Justice and common welfare, [Page 12] but only of strength & Conquest, and the people to an absolute submission by the same Tenor; whence our Parl party being look't at by the people leaven'd with such Doctrines only as prevailing Turks, or Popes, or Lord Danes; how sure a foundation is hereby lay'd in the peoples minds, of joyning with a prevailing Scot to set up a Kirk Presbytery in your chair, or themselves conspiring upon the first likely opportunity to cut us all off in one day, I leave to any rational man to judge; and whether these Flatterers, and those other open enemies drive not on the same pernicious interest with this only difference, that the one makes his War like a generous enemy in the face of danger, and thereby gives you warning to take heed; but the other upon pretence of a fawning compliance insinuates himself into your strength, and there out of the danger of gun-shot digs a mine, layes in gun-powder, and leaves it to some fool-hardy Faux, upon hopes of Canonization to give fire to his own, and your ruine. Therefore it much concerns you, and all involv'd in your interest, that these Doctrines of so pernicious consequence, whether [Page 13] from Press, or Pulpit, be disownd.
I speak not this as condemning in any man, especially a conquer'd Enemy, a submission to that power he is not able to resist, but as a redargution to their hypocrisie that under the penalty of bitter Curses, and almost damnation could conjure up the honest people to a resistance of the former Superiour Powers; and yet with the same mouth, and under the same penalties call for the same peoples obedience to the present powers upon that only bare title of Superiority by possession and conquest. As likewise to give caution against their too facile credulity, who, upon these crowching compliances are prone to receive in such Ambidexters as the best friends into a copartnership of power and trust in the rearing up of our new Comon-wealth fabrick. I know your great wisdom stands not in need of my weak admonitions; and for me thus uncall'd to obtrude them upon you, may perhaps make me obnoxious to the just censure of presumption. But you that are no strangers to common Stories, can tell how one of the wisest Princes of old made choice of not a grave Augur, but [Page 14] a child, to put him in mind of his mortality. And for my own part, I should easily, from the natural bent of my private genius, have followed the dictate of the wise Cato, Ad Concilium ne accesseris antequam voceris. But being now enforc't to flie unto you for refuge; and thereupon to say something, My resolution is, by such freedom of speech as becomes your oppressed friend, not by the fordid and servile courtship of a fawning flatterer to merit your favour and protection.
And surely, if (which I must not doubt of) you be men of that gallantry of Spirit proportionable to the greatness of your Power, and of the same mind and spirit with him whose Vicegerents you should be on earth, an amicable expostulation of known friends with you, about your Principles, and the Justice of your proceedings, will be no wayes displeasing. Abraham did this with God himself, so far as to charge him with injustice, should he have done that which his first proposition of bringing an universal destruction upon Sodom without distinction might seem to import: which God was so far from being displeas'd [Page 15] with, that he rather acknowledges his principle, even to the gradation of an almost Mathematical exactness. See likewise what a difference God makes betwixt honest Job, and his Pharisaical friends. God, as it seem'd to Job, dealt out but hard measure to him, and he thereupon challenges him with it, offering to dispute his innocency; his friends labour to patch up the matter with excuses for God; he again tells them they ought not to speak unrighteously for God himself, nor to respect his person in Judgment. And what was the issue? Jobs Argument after redargution of some few passionate redundancies, is highly approv'd of, and their religious flatteries rejected as sinfull dross, not to be expiated, but by the intercession of his free and faithful servant Job.
An excellent Story we have in Plutarch to the same effect, To a poor Philosopher living in a maritim town; it seem'd once in a dream that Neptune was angry with him, because he was not daily, like his rich neighbours, loding his altars with fat sacrifices; but that himself answered the God very roundly: Why Neptune art thou angry [Page 16] that I do not rob and cozen, cheat, or play the Pirate to scrape up wealth, and part stakes with thee, by bringing the spoils to thy Altars? Art thou the supreme Judg and Lord at Sea, as Jupiter is in Heaven and Earth? and dost thou command me to worship thee with impiety and injustice? At which answer it seem'd to him, that Neptune was extreamly well pleas'd, so far as to promise a remarkable blessing to the whole City for his sake: And if my memory fail not, my Author says, that the event falling out accordingly, made it appear, that it was no idle Dream, but a real Vision.
As is God himself, so are divine men; not like Nabal, such churles, that they cannot be spoke to, especially by those of their own houshold, but easie to be treated with by those that drive on with them the same interest of common good: well knowing that all their wayes will, upon the utmost trial of their seeming adverse reason, gain as gold by the fiery trial a greater refinement.
Thus confident was that noble Trajan, as he durst, for the integrity of his wayes appeal to the judgemen [Page 17] even of his Vice-gerents, when delivering the Sword of Justice to the Pretor, he gave him this memorable charge, Take this Sword, and if I Govern well, draw it in my defence; if otherwise, let it be unsheath'd against me. A speech much applauded in the beginning of these Divisions.
God himself requires our obedience and adoration of him as the best, not the strongest of beings; and not so much in relation to his own glory, which receives small, or no additament from us earth-worms, but mainly and principally in relation to our own good, because in his service of love we are possess'd of true freedom: But by putting our selves out of his service, we fall into subjection to that one tyrant and many other his substitutes that will make us everlastingly miserable. His great controversie, with his people, falling from his worship, was, that they had forsaken him the inexhaustible fountain of living water, and digg'd to themselves cisterns, drie empty cisterns, that would hold no water; and challenges them but to give him a rational account of their secession in telling him freely what fault they had found in him.
'Tis the greatest happiness of intelligent creatures to know and consider, that 'tis not a fell, sturdy Gyant, with a iron Mace, or ireful fury, or Lordly self-seeking Nimrod made up of wrath, pride and coveteousness; that 'tis none of these dismal Spectrums, but the Supream, and most substantially transcendent benignity and goodnese that creates and governs the Universe; and that this Supream Being is (as a good man adventures to assert it) so far from applauding himself in his immensity of power, or seeking his own selfness in the government of his creature, that if 'twere possible for him to find out any other Being, more wise, more just, more absolutely good, more tenderly compassionate, more lovely every way then himself, he would, were it possible, resign up his own Throne and Scepter, all his power and Supremacy to that better Being, and command all his creatures to adore and obey it.
This saying, however it may by some God-and-man flattering Pharisees be hooted at as blasphemy, I cannot but with some zeal profess that, I rank it amongst the noblest expressions that [Page 19] ever proceeded out of the mouth of a meer man, and such as God, I think, will own in the last day, when those Trencher-scraping superstitions that paint him out as a false hearted dissembling Hypocrite, and a self-seeking Tyrant, shall be discarded, and thrown out as dross and dung.
Nay, for such Declarations of his mind, we shall not need stay so long as the last day: for besides, that many expressions, both of Scripture-Penmen, and other excellent Writers, and large Series of Providences speak much-what to the same effect, That supertranscendent self-denial of the Son of God, in dethroning himself from the Seat of his Fathers Glory, and descending into the despicable condition of a servant, to redeem his poor creature from the captivity it gron'd under, and exalt us into his own Glory, amounts to little less then a practical example of the Theory of this Axiome, demonstrating out of what he hath done, what further he would do in the point of self-inanition in any thing possible & needful that could be imagined to the welfare of his creature: shewing hence plainly, that the infinite [Page 20] love, goodness, mercy, are indeed the proper and pure God head; and those other attributes of Omniscience, Omnipotence, and vindicative Justice, &c. are onely the subservient hands to that heart of the Deity. That God is Love, is an Axiome of his own mouth by St. John the deepest of Divines; but that other receiv'd Canon of power, & all else you can attribute to God, being God himself is, but a notion of the Schools made Orthodox (as many were) by a reception into our modern Divinity.
After this instance, then which greater cannot be given, of Gods being a creature-seeker, not self-seeker; that other admirable Declaration of our Saviour may well be added as a second; that God is one who prefers Mercy above Sacrifice, and that in the last day he will ask, not who have plaid the best Slaves, or Courtiers in exalting his outward Power and Dominion, building him the most sumptuous Temples, forcing in the greatest multitudes vi & armis into his Sheepfold; but who have best demonstrated themselves his genuine sons, by imitating their fathers goodness in relieving the oppressed, shewing mercy to the poor, [Page 21] and taking notice of that goodness exhibited to the meanest of his creatures as done to himself. And tis not (as Daniel expresses it) they that turn many to God as a person, but they that turn many to righteousness, that shall shine as the stars of the firmament: and our Saviour tels us, That not th [...]y that court him with a Lord, Lord, but they that work Righteousness shall be own'd by him, and makes every where the Kingdom of God, and the righteousness thereof, to walk hand in hand together.
Of this mind and spirit must you be, if you will be the lively images of that supream Lord, in whose stead you officiate, the advancement of righteousness, should be esteem'd your advancement; and your own and the peoples interest should not be two but one flesh; and none accounted your friends, that are not really such to the publike Interest of Justice, and the Commonwealth.
Such as these must be the arguments that honest Patriots must make use of, like that harp of Orpheus to charm the most vagrant and untam'd spirits of this Nation into a complacence in [Page 22] our present Magistacie, and free acquiescence in our true Commonwealth establishments; and 'tis of the greatest tendency to your own and the publike interest, that you labour to furnish your friends that own your quarrel, with good undeniable grounds for this perswasion that the desire of your hearts, and sole bent of all your proceedings, is the peoples freedom and welfare, not your own dominion; and to take away all objections to the contrary, not by meer verbal Declarations or Vindicative censures upon those that object them; but by such real and actual confutations as may make those asham'd that speak evil of you; and thus to stop the mouths of all Gaine-sayers, and turn even Balaams curse into a blessing.
One thing more, seeing I am now in a Prophetick posture, I desire likewise to put you in minde of; viz. That you beware of that bane of all, both true Christianity and Honesty; that thing call'd Reason of State, which our Itallanated Infidels have alwayes much hugg'd themselves in, and would never believe 'twould be their ruine till 'twas too late; 'Tis by some nicknam'd [Page 23] Discretion, Prudence, or Christian Policy, and wisdom of the Serpent: but by others, and those no fools, ' [...]is christened, a Doing, or Suffering of Evil, that a good (often but pretended) may come of it.
Your Friend Politicus, Numb. 60. Pag. 959. hath in a nameless Letter from Leyden, limnd out to you its lively portraiture: which ingenious description, lest it should grow out of date among other news tis crowded in with, I have thought it not amiss to translate it hither, as into a proper Sphere.
IN my last I told you, that our great Assembly would rise, and yet they fit still: They said they would sit no longer, and therefore I am excused for writing of it; Reason of State said, they should sit still and not rise yet; therefore they are excused in what th [...]y have said, and in what they have done, though their words and deeds seem contradictory; nor let this not seem strange what I tell you concerning Reason of State: It is the most soveraign command, and the most important [Page 24] Councellor: Reason of State is the Card and Compass of the ship: Reason of State is now the Religion of the State, the Law, the life of the State, that which answers all objections and quarrels against mal-government, that which wages war, imposes taxes, cuts off offendors, pardons offendors, sends and treats Ambassadors; it can say, and unsay, do, and undo, balk the common rode, make by-wayes become high-wayes, and the furthest about to become the nearest cut. If a difficult knot come to be untied, which neither the Divine by Scripture, nor Lawyer by Case or PresidentNor any rational and honest man by unbias't reason. can untie: Reason of State, or an hundred wayes more, which Idiots know not, dissolve its this is that great Empress, which the Italians call Raggione di stato; it can rant as a Souldier, complement as a Monsieur, trick it as a Juggler, strut it as a Statesman, and is as changeable as the Moon in the variety of her appearances.
Thus far your own Weekly Remembrancer.
But in opposition to this sandy foundation of State Policy, I humbly set before you another, and more firm rock to build upon, viz. A simple reliance upon God in the vigorous and present acting of all righteousness, expres't by honest men in some plain language, to this effect; Fiat justitia, fractus illabatur orbis; Deal uprightly, walk close and real to your promises, and principles, though heaven and earths fabrick fall upon your heads; the God of heaven is able to support you; and he that has done so strange things for us, expects of us, at least so much faith in him as will counterpoise a grain of Mustardseed.
Besides, in following singly the principle of righteousness, you gain this great advantage, that you can go on boldly, with a mind free from that torturing sollicitude of successes; you either prosper to the great good and welfare of this Nation, or dye with honour and triumph: But if you follow the other principle of humane invention, you may live a while as Gods, but shall die like men, and perish like one of the Princes.
You have set before you fire and [Page 26] water, light and darkness; 'tis in your choice, which you will stretch forth your hand to. But
One of these two principles must be singly and sincerely followed; you cannot serve God and Mammon.
This I know will by some be startled at as the language of the beast; that formidable beast call'd the Leveller, so much dreaded and hated by all that drive on an interest eccentrick, and contrary to that of the publick. And because the Doctor my adversary hath, as I hear, in his clandestine whispers, endeavour'd to render me odious with some under that stile, thinking by that means to block up my just Petition from finding a propitious reception amongst you: I will so far second his design (if that will do it) as to render my self yet more vile and odious in an open and unreserv'd Declaration of my principle.
'Tis this in one word,
I am a Servant of the Respublica, not Curia, Romana, a votary to a true Commonwealth, not a Decemvirate.
In English thus.
I am not, I do both now and have alwayes profes't openly, for the [Page 27] change of our former limited, and mixt Monarchy, into the absolute Oligarchie of a Hogen Mogen. Nor am I (though I own the necessity of the first purge) for a new succession of Military purges. I am in this a little inclinable to their Superstition, who refuse cure by the Sword salve, because there being a mystery of Nature in it, which they understand not, they fear it may prove the Devil in a box of pretended Balsam. 'Its true, those humors that are corrupt and clogs to the good reformation, being thus evacuated, the remaining body may go on with a more sprightly activity; and they that call or think themselves the only religious, or honest men, are then in a free capacity to work wonders; but tis more probable that being mortal and corruptible as well as others, they will drink themselves drunk of that Cup of fornications, an unlimited power, whence corrupted in their Understandings and Wills, they will grow careless of justice and common good, and fall into the same discompos'd motions with those they cast out.
'Tis not such shadows of a free [Page 28] Commonwealth, are the object of my hopes or desires; but the true substance, a right Republical Government of the Nation by its own Representatives, or National meetings in Councel from time to time, chosen and intrusted for that purpose by the people.
And those that are scandaliz'd at my publike holding forth of this profession, would, if they durst, call our faithful and valiant Souldiery, the grand crew of Levellers; Who in their Declaration. June 14. 1647. profess, That they are not for the settlement of an absolute Arbitrary power for continuance in any persons whatsoever, no not of those who should appear most of their own Opinions or Principles, or of whom they might have the most personal assurance or interest in.
And after that having made a comparison of those two wayes, viz. of continuing or purging of the old Parliament, or dissolution of that, and entire election of a new.
They at last botton upon this Heroical Conclusion.
We therefore humbly conceive, that (of two inconveniences the less being to be chosen) the main thing to be intended [Page 29] in the case (and beyond which humane Providence cannot reach, as to any assurance of positive good) seems this, viz. to provide, that however unjust and corrupt persons of Parliament in present or futuremay prove, or what ever it be they may do to particular parties, or to the whole in particular things during their respective terms or periods, yet they shall not have the temptation or advantage of an unlimited power fixed in them, during their own pleasure, whereby to perpetuate injustice, and oppression upon any without end or remedy, or to advance or uphold any one particular party, faction, or interest whatsoever to the oppression or prejudice of the community, and the enslaving of the Kingdom unto all posterity, but that the people may have an equal hope or possibility if they have an ill choice at one time, to mend it in another; and themselvs may be in a capacity to taste of subjection as well as rule; and may be so inclined to consider of other mens cases, as what may come to be their own.
This we speak of in relation to the House of Commons, as being intrusted [Page 30] on the peoples behalf for their interest▪ in that great and supream power in the Commonwealth (viz. the Legislativ [...] power with the power of final judgements) which being in its own nature so Arbitrary, & in a manner unlimited, unless in point of time, is most unfit and dangerous as to the peoples interest, to be fixt in the persons of the same men during life, or their own pleasures, neither by the original constitution of this State, was it, or ought it to continue so, nor doth it where ever it is and continues so, render that State any better then a meer Tyranny, or the people subjected to it any better then vassals.
These are a few Apothegmes out of that admirable Declaration, with which at 'its first comming out, I was, as some know, so far transported, as I could scatce contain my self from singing it as a heavenly Ditty in every Congregation, where I had occasion to speak of Commonwealth affairs; And as the convert Jew said of Isa. 53. Millies & millies legendo factus sum Christianus; so may I say of some Parliament and Army Declaration, and of this above all the rest, that by their [Page 31] frequent and serious perusal, I was exalted above the vulgar sphear of a bare and simple Antiroyalism, and was made that which first the politick King and some of his party, (and after them all the Knaves or Fools of England, Scotland, and Irèland) have nicknam'd a Leveller. But to proceed.
The same principles they fully owne likewise in their Agreement of the people. Nor need I send you so far as the Army, now at many miles distance, to find out the owners of this principle, This present Parliament it self, having abundantly declar'd for the same, viz.
That they will put a period to the sitting of this present Parliament, and dissolve the same so soon as may possibly stand with the safety of the people that hath betrusted them, and with what is absolutely necessary for the preserving and upholding the Government now setled in the way of a Commonwealth; and that they will carefully provide for the certain chusing, meeting, and sitting of the next and future Representatives; with such other circumstances of freedom in choice and equality in distribution of Members to [Page 32] be elected thereunto, as shall most conduce to the lasting freedom, and good of this Commonwealth.
As for any other Levelling, I am far from owning it; for though I think were we a generation of men new sprung out of the earth, and now to be put into what frame we please, many things might be much better ordered; nay, and as things stand at present, that some few changes might be made to the great ennobling of the spirits of this Nation, and better provision for the comfortable subsistence of many lying under the oppression of a sad poverty, without the least impairment to any mans rightful possession; yet 'tis not my opinion, that upon pretence of new Models, and advancements of common good, any man that hath not by some crime merited that forfeiture, ought to be dispossess'd of his property vested in him by the ancient standing Laws of the Nation, no not so much as to burn his House, or cut down his, Wood, take away his Horse, or press way his Servant, for the publike safety without reparation to him for his loss out of the common treasury.
No, 'tis not any mans rightful property, that is an eye-sore to honest men; but the thing that has made this Nation miserable, is the unlawful Monopolies, and cheats of self-seeking men, that maintain their pride and sensuality out of the publick calamities, or endeavour to throw down those hedges and inclosures made about each mans property, by the wholesome Laws of the Nation, and laying them all level to their unbridl'd lusts and wills. These are the pernicious Levellers whom the Parliament and Army have declar'd, and fought against throughout the whole series of these intestine Wars, and ought still to be oppos'd by all men that seek the good and freedom of this Nation, not those honest Patriots who contend for the preservation of liberty and property against these subverters and underminers.
For this honest Levelling (and against the other in King, Lords, or Commons) I have alwayes declar'd; this disputed for every where, as I have been reasonably call'd forth to it; in secret corners have I whispered nothing.
And if the scene be so far altered, as that to be thus minded, be to be mark't out for your indignation, and made uncapable of my property or trust in the Common-wealth, I freely profess, Christianus sum.
But for my own part I must not with those evil surmisers, who are prone to think you dissemblers like themselves, settle my heart into any such perswasion of you till I see good cause for it.
And now I have with such an unreserv'd freedom laied open my principle in reference to my vindication against the backbiters private whispers: and having proclaim'd him not in a conclave, but in publick, for a malignant and ungodly person,The Samaritans were, that people of a mixt Religion, half Jewish, half Pagan, who by Salmanezer transplanted out of their native soile, into the place and Country of the ten Tribes, did for fear of the Lyons that made havock of them, request that some of the Jewish Priests might be sent to them to teach them the Worship of the true God, which yet they neither throughly, nor cordially embrac't, but bore still in their hearts a most inveraterate hatred against their neighbors the true Jews, upon whom, in their adversity, they were the fore-most to exercise all hostility: but in their prosperity they fawn'd upon the, pretended to be of their Religion, and to be desirous to comply with, & assist them, but all with designe to undermine, and betray them. and a Samaritan complier: I hope 'twill be [Page 35] expected that he, by some open, unreserv'd declaration of his principle will assay to vindicate himself from this imputation; which declaration of his, I shall much wonder, if it amount to any better then that bare savestake neutrality, so much declar'd against in the Covenant, of Credo ego quod ecclesia credit, i. e. in english, your Honors are wise, and whatsoever you shall ordain while you have the sword in your right hands, and this world's wealth at your disposing in the left, is the Command of God, though't should center in the d [...]struction of liberty, and even restoring of absolute Monarchy; he will not, so you will but let him alone in his warm pluralities once hiss against you; but rather conjure all men [Page 36] to obedience under pain of damnationIf he grounds himself on meer formal Parliamentary Authority, That when 'twas most formal having declar'd rather for accommodation with the King, then for his punishment, he cannot with the same mouth own both your and their proceedings.. But let let him declare his approbation of those heroick Parliament proceedings in first impeaching Henretta Maria of High Treason, in bringing the Grand Delinquent to condigne punishment, in removal of the Kingly Office and House of Lords; and all this in reference to an establishment of the Nations Government in a stated succession of its Representatives; Whether he does it ex animo, I shall not enquire: but let him, while the Wars success hangs yet in suspence, come out of that the Covenant stiles a detestable neutrality, and put off so much of carnal policy, as by such declaration to adventure his whole fortune in a Parliamentary bottom, and cut off from himself all hopes of facing about, and then we shall have some kind of [Page 37] ground to think he may in time prove an Israelite indeed, and no Samaritan complier; I shall then rejoyce that this contest hath occasioned the conversion of a sinner; yet when all this is done, I shall not fail, if he shall think fit to challenge me to it, to demonstrate that the Epithete I gave him of malignant, was no efflux of malice or passion, but the words of knowledge, truth, and soberness.
As for his ungodliness, granting me but the principle (which no honest man will deny) that a dishonest man is an ungodly, i. e. an un-God-like-man, I think those his miscarriages I have already brought upon the publick stage, are enough to make good the imputation: yet I think I have not utter'd the tenth part.
For as I did first take all ways becomming a reasonable man and a Christian to hinder the publication of his faults, both by moderate admonitions in a befitting way, and by offering him before the Committee (so we might have our liberties clear'd up and settl'd for the future) an amnesty of what was past; so after that, by his persisting in the maintenance of his evils [Page 38] and prerogatives, I have been engag'd to write something, yet hath it been no ways my scope to conjure out of the dust all that might be truly related to his defamation; but I have confin'd my self to such matter only as was pertinent to those causes of the then present concernment. For I hold it a thing not becomming a Christian to speak evil however deserv'dly of any man, but upon a manifest subserviency to some good end.
But these are far from the total sum, which will see light, when either his answer in print to what hath been already objected, shall occasionally draw them from me by peice-meal, or when I shall see it operae pretium, and my better leasure will permit me to do him the honor to write an entire narrative of his life and government among us; or when a season shall come that they may be drawn forth as arrows to be shot at a certain mark, not aiming at that sneaking up-shot of the defamation of a person so inconsiderable, but at a common good of considerable import, viz. the relief of the Colledge from those evils it hath long groan'd under, by the amotion of this unfaithful [Page 39] steward from his office, and assertion of Peter-house to a state of true Common wealth freedom.
But this is a task not to be by me accomplish't legally in our founders way without two or three of the Seniors joyning formally in the impeachment, upon whose sole denunciation (that being, as I conceive, by our Founder allow'd of as witness of sufficient credibility) without the usual formalities of a Court Judicature, he is, if the Crimes objected be of sufficient weight, to be amov'd from his government.
And so severe is our Founders constitution in this point, that though it appear his miscarriages proceed not from a purpos'd wickedness, but from an unskilfulness and simplicilyOf this he was never yet suspected to be guilty, except where blinded by a too heady prosecution of some self interest.: yet because by consulting with the Fellows he might have prevented that default, he is therfore to be amov'd notwithstanding; only in such case, if he will continue in the Colledge, and assist with [Page 40] his Councels, he is to have an allowance answerable to what others of the senior Fellows of the house receive; all which that you may be satisfied of, I have at the close of this preface annext our Colledgstatute which treats of that theam.
But our Seniors have been hitherto so wise, both of themselves, and by my harm, as however they are sensible enough of the burden, yet will they not be easily induc't to the attempt of an improbable remedy. For how should they hope for the amotion of his person, whose very prerogatives they see so much tendred, as that no effort of the strongest reason can force a removal of them? And these are the formalities I hint at in my preface as only wanting to my charge against him to his amotion. However that you may be convinc't that 'tis a common good, and not a private distast hath engag'd me against this man, and that in what I have declared of his miscarriages, I am no slanderer, all our seniour Fellows but one (who I will make good hath in our Colledge upon all occasions in private been the greatest declaimer against his wickedness, but loves not [Page 41] to appear above, board) have been so just as to give me their attestation of the truth of what I have writtenSee the page immediately preceding the Petition and Argument.: I am able yet further to bring good evidence of the whole Society unanimously in one of the fullest meetings I have known in the Colledg, having decla'rd their deep resentment of his not fair dealing with us, in which neither my self, nor any of us, who now seem his adversaries, but one of whom he had never the least ground to think him his enemy, was the first mover.
But I shall at present supersede from troubling my self, or the world, with a further rehearsal of his obliquities.
Mean while, of all the worthy members of this Honourable Parliament, and every man that shall read my books, I desire but this equal favour, that to his clandestine vindications whisper'd into such of your ears as he hath access to, your beleef may be suspended, till he shall utter the same in print, that so I may have the opportunity of demonstrating their vanity, or falshood by a speedy [Page 42] reply. For I may well suspect, that that man will not scruple to vent untruths in corners, who besides his unfaithfulness in the general series of his actings, hath uttered one or two manifest falshoods in my own hearing, and publike audience of the Committee. And I think there are those of our Society can testifie of more.
I speak not any of these things to block up his way to equal Justice, a thing not to be denied to the veriest Turk or Pagan, but only to overthrow his Plea of Saintship, which some few of his Brethren of the long Robe, with some others that know him not, would entitle him to; as likewise that of his pretended Statism; by both which and his reverend Scribes assistance, he both claims and possesses such a strong interest in the favor and esteem of many, that I have found it a harder matter to contest with him in London then 'twas thought in former times to contend in Lancash [...]re with the E. of Darby.
But it not appearing by any declar'd principle or act of his, that he is one whit more faithful to the interest of the commonwealth of England, then that of Peterhouse, 'twill by all men be [Page 43] thought strange, that besides the new plantation of our Colledge most-what with those of his relations and interest, and their premature exaltation, by the Committee into place of Government among us, he should also have the favor to be suffer'd in contempt of the Law of Christian Religion, and Orders of the Committee of the Universities to reside at London, and in a flat contradiction both to common Reason, and our Founders express Will, to bear the Title, and reap the whole profits of our Mastership, of which another man is made to bear the burthen: And not this only, but that that insupportable power of a Negative voice (too large for even an honest man to be trusted with) should still be left in his hands to oppress us. To say nothing of some fundamental grievances, not yet so much as complain'd of.
All I have further to present you with, is, my humble request, That my chusing this way of publike address, rather then that pack horse-roade of private sollicitations, may not be imputed to an humor of singularity or disrespect. There are many Members of the Honorable House whom I could [Page 44] go far to do any real service for; yet am truly asham'd, in stead of a friendly salute, to betake my self to them in Forma Pauperis to beg their favour, to do this or that for me, as a Curtesie, especially having not now the tenderness of any other mans repute or interest involv'd with my own as a temptation to me to step out of my way.
I receiv'd not my Fellowship at first as an Alms; nor will I regain it by precarious entreaties.
Besides, that Lacquey employment of officious attendances, and tedious trotting from place to place, the daily penance of those that have to do with men of great place, and much business, is a thing in my present happy condition of innocency, as much beneath my spirit as above my bodily strength.
All I desire, is, but some good Empirical medicine that will speedily mend or end me. Delay of Justice is the worst of injustices, and makes the cure worse then the disease; To make addresses to your supream tribunal almost impossibly difficult, and the redresses [Page 45] intolerably tedious, is in effect to make such Arbitrary or illegal judgements of your Committees final, and such sufferers plain vassals to them, or any five of them without end or remedy. This want of dispatch in matters depending before you, is (as men commonly talk) one of the Nations most fundamental grievances, which makes them even weary of our Patliamentary Government, and to linger again after Pharoah, and the flesh pots of Egypt.
It was once, a poor, but not unwise Plaintiffs Apothegm, ‘ [...]on vacat justitiam facere? Ne vacet regnare.’
If you cannot finde leasure to do Justice, be not at leasure to govern.
I speak not this upon any particular cause of complaint yet offer'd to my self in my Addresses, but only as a humble motive to request thus much of favour, that I may not be suffer'd to grow incurable by a too long waiting at the Pool of Bethesda.
As for this poor Fellowship I am dispossest of, had not the company rather then place, together with some opportunities of doing good induc't me [Page 46] to stay, I had long ago left it to some other whom the Master and Fellows should have thought most worthy of it: But having behav'd my self not unfaithfully in that Charge, I hope 'twill not be thought fit, nor to your selves honorable, that I should be thus causelesly, and ignominiously thrust out of it as a scandalous person, and an infringer of the Parliaments honor and priviledges, whereof I have been alwayes hitherto so faithful and constant an asserter.
Besides, I desire not to depart thence, 'till I have first left a substantial testimony of some real service done to that Community where I have receiv'd so much good: And therefore I do again humbly tender to your Wisdoms the necessity of some sure provision for the total abolition of the Masters Negative Voice, root & branch in our Colledge, & of the present Masters either amotion for his former prodigious non-residencies, or at the least, that he be for the future a constant Resident upon his charge, or remov'd from his Office eo nomine.
And lastly, I crave leave to present my humble Appeal from those by whose censure I conceive my self wrong'd, to your supream Justice in this following Petition.
TO The Supream Authority, The Parliament of the Commonwealth of England. The Humble Petition of Charles Hotham of Peter-house in Cambridge.
THat your Petitioner on the 22th. of May last, appearing before the Honorable Committee for Reformation of the Ʋniversities, and owning a Book by him written, and Published, Entitled, The Petition and Argument of Mr. Hotham Fellow of Peterhouse in Cambridge, &c. against the Masters Negative Voice of that Colledge: The said Committee without calling your Petitioner to hear any charge of any scandalous expressions in the said Book, or any other crime whereunto he might have made his Defence, Resolved that the writing and Publishing thereof was scandalous, and against the Priviledge of Parliament, and that your Petitioner be depriv'd of his Fellowship in the said Colledge.
That your Petitioner hath been constantly well affected to the Parliament, and to the Commonwealth of England, as may appear by the testimonial of many eminent and well known persons in the Ʋniversity, hereunto annexed,See Page 29. of the latter part of this Treatise, Entitl'd, A true State of the Case, &c. and hath so express't himself throughout that very Book.
That by these proceedings (as your Petioner humbly conceives) himself is much wrong'd, the Reformation of the Colledge obstructed, your Authority dishonor'd, and common Freedom shaken.
May it therefore please you to take his Cause into your own serious consideration, and to do therein, as shall to your Justice and Wisdom seem most expedient to the righting of your Petitioner, the good of that Colledge, and general interest of the Nation.
STAT. 8. De amotione Magistri propter crimina, vel suos defectus.
UBi periculum majus esse dignoscitur, ibi cautiùs est agendum, & pleniùs consulendum; Cum igitur praedicti Magistri industria, honestas, & diligentia dictae domui sit prae caeteris necessaria, & etiam opportuna, possúntque per ejus negligentiam (quod absit) vel insolertiam eidem domui imminere dispendia & pericula graviora, statuimus, & etiam ordinamus, ut cum ipsius domus Magister, qui pro tempore fuerit, propter dilapidationem, vel aliam causam ad hoc sufficientem, ad regimen ad quod praeficitur, reddatur inhabilis, & tanquam intolerabilis & inutilis amovendus existat: Episcopus Eliensis qui est pro tempore, ad deaunciationem, vel insinuationem duorum, vel trium seniorum scholarium dictae domûs (ad quam omnes, & singuli dictae congregationis scholares sub suae fidelitatis & juramenti debito teneantur) summariè, & de plano, abs{que} judiciali [Page 50] strepitu, & figura judicii, (praesertim cùm bona dictae domus litibus deservire non debeant) de causis hujusmodi cognoscat, ipsúm{que} Magistrum amoveat justitiâ suadente, ac praedictae domus scholares, alium idoneum in ipsius amoti Magistri locum, subrogandum nominent, & praesentent praedicto Episcopo, praesiciendum in Magistrum abs{que} morae dispendio, prout supra in nominatione & praesentatione Magistri pleniùs annotatur: Quòd si Magister hujusmodi non propter delictum in committendo scienter, seu / sed in omittendo voluntariè, videlicet propter negligentiam simplicem, simplicitatem, vel imperitiam ab officio suo contigerit amoveri; volumus, & etiam ordinamus, quod si aliàs in scholasticis bene se habuerit, tunc gratiam, & misericordiam assequatur, quae in titulo de Magistro agrotante, sunt benigniter ordinata.
STAT. 8. Of the Removal of the Master for Crimes, or his Defects.
VVHere there is known to be greater danger, there we should act the more warily, and consult more fully. Therefore seeing the industry, honesty, and diligence of the aforesaid Master is above all others of greatest necessity and convenience to the said House, and that by his negligence (which God forbid) or unskilfulness, losses, and dangers of an important nature may hang over the Colledge: We therefore Decree and Ordain, That when the Master for the time being, for Dilapidation, or other cause sufficient to this end is render'd unfit for the G [...]vernment he hath charge of, and is as an intolerable & unprofitable person to be remov'd from his Office: The Bishop of Ely for the time being, at the Denunciation or Insinuation of two or three Senior Fellows of the said House (to which all and every of the [Page 52] Fellows of the said Congregation, are bound by the duty of their fidelity and oath) take cognisance of these causes plainly without any judicial noise, or form of Court Process (seeing the goods of the said House, should not be lavish't out in suit-formalities) and remove the Master from his Office, if Justice perswade.
And that the Fellows of the said House, without delay, name and present another fit man to the said Bishop to be substituted in the place of the Master so remov'd; as is more fully set down before, where that point of the nomination and Presentation of the Master is treated of. But if this Master shall happen to be remov'd, not for an offence committed knowingly, but / or of voluntary omission to wit, for a simple negligence, simplicity, or unskilfulness; We Will and Ordain, That if he shall otherwise be well qualified, or have behav'd himself well in point of ScholarshipOr in Scholastick exercises., that then he shall have that favour and mercy shewn to him, which are bountifully provided by an Ordinance, Entituled as followeth.
STAT. 9. De Magistro aegrotante, vel impotente.
SI verò Magister praedictus bene & laudabiliter se gesserit, in administratione sua, & providè perseveraverit in eâdem, & postea aegritudine abs{que} culpa sua, senio, vel laboribus sit confractus, vel aliàs impotens, vel imbecillis adcò sit effectus quòd ad dictae administrationis regimen sufficere nequeat, ut deberet: ex tunc cum hoc notoriè, vel also modo legitimo constiterit, hujusmodi autoritate constitutionis in locum illius, scholaris, qui in Magistrum praesicitur, succedat; cui in domo praedicta inter socios ejusdem domûs provectiores & meliores scholares, vitae necessaria juxta vires, & facultates ejusdem domûs competenter & decenter ministrentur, ad terminum vitae suae. Ipse verò negotia Domus praedictae tanquam propria salubri consilio suo, dum vixerit juvare tenebitur, suique corporis exercitio, quatenus commodè poterit, promovere auxilias opportunis.
STAT. 9. Of the Master being sick, or weak.
BUt if the aforesaid Master shall have behav'd himself well and laudably in his administration, and providently persever'd in the same, and is afterwards without his own fault, so broken, or otherwise made impotent and weak, by Old-age or labours, that he cannot sufficiently attend as he ought to the regiment and care of his said administration: Then from that time forward, when this shall notoriously appear, or by other lawful means become known, let one of the Fellows be made Master to succeed into his place by authority of this constitution. And to the remov'd Master still residing in the aforesaid Colledge, let there be allow'd according to the Houses ability a competent and decent maintenance among the Fellows of best rank and Seniority to the end of his life. But he shall therefore be bound while he lives to help on all the Colledge-affairs with his best councels, as if they were his own, and shall further, not spare to promote them even wi [...]h his bodily labour in such opportune helps as his strength will permit.
Out of these Statutes we may make divers considerable collections;
1. That were the Mastership of our Colledge reduc't to its original constitution: and its usurpations, the negative Voice, and double Dividend taken away, a Statutable residence firmly enjoyn'd, and he made in some easier way responsible for his miscarriages (for our Visitor with full power of Oyer and Terminer, should come to us, not we to him) it would then be justly said of this Office,
Qui quaerit Episcopatum quaerit opus, [not opes] There would then be nothing of temptation to any man, either ambition or covetousness, to make it desirable by self seeking men. 'Twould be, as all other Offices in our Colledge (which are annually elective) rather studiously avoided then contended for.
2. See how tender, even in those we call Times of Ignorance, Slavery, Superstition our Founders were of the welfare of a Community above that of a private man. As soon as ever a man, though not through his own fault, appears unserviceable to the Community in his station, he is presently to be [Page 56] remov'd, and a serviceable man plac'd in his stead.
3. You may hence gather, That the Mastership of our Colledge was not intended as a Commenda, or Augmentation to a London Ministers Parsonage: and how flatly 'tis against our Founders intention, that one or two men residing upon the place should bear the burthens of the Mastership, and another living at distance, and employed in another charge, should bear the title, and reap the profit due to that service; but that he who supplies the charge is to possess entirely all the profits and priviledges of the place. But Doctor Seaman, hath, as I said in my Book, not resided at all, but onely made a few short visits upon some urgencies; all which will not amount to one of the whole seven years of his enjoyment of that Mastership; during which time he hath laid near the whole burthen of his Office upon a Presidents shoulders, not allowing him one penny for his labour. Nay, hath not only swept away all the profits due to the Executor of that charge, but takes without any warrant of Statute, a double portion (which Doctor Wren [Page 57] did not) upon this only plea, that Doctor Cosins did the same; All which considered, he ought either forthwith to come down, and be resident upon his trust; or be remov'd from his Office, and another chosen to supply the place.
Its true, our Statute enables him in case of long absence to chuse a President; but the whole current of these Statutes is a clear demonstration, that 'tis upon supposition, his absence is with consent, upon Colledge affairs, not his own emolument.
If he will still plead his Assemblymanship; the main business of that place being now at an end, and there sitting but once a week a few of them for small dispatches, for which there are London Ministers enow wi [...]hout him; it must needs be thought by all men a depth of fraud for him to make use of that title to elude both our Founders Will, and the Parliaments intention in exemption of Ministers from their other charges during their attendance upon that employment.
4. You see by our Statute of Amotion, that even where the Masters removal hath been for simple negligence, [Page 58] want of skill, simplicity; and thereupon he will lay claim, at least to his subsistence among the Senior Fellows; yet 'tis in Domo praedicta, not extra Domum; in, not out of the Colledge-Precincts: besides, it must be upon plea of his making amends in learning for his failings in point of activity and prudence: But we have in that point found him most of all deficient; for though his Office not very many years before he attain'd this preferment, was (as we hear) a Country Pedagogue, yet has he not attain'd so much skill in the Latin tongue as to be able rightly to pronounce our Statutes: 'Thas been a common Observation, That when some passages were to be read in publike, he would upon pretext of quereing upon the sense, get some one or other of us privately to pronounce those places before him; and that when he hath adventured without this help, he hath most grossly faltered; nay, though he has since a little mended his skil by his study of the Porta Linguarum; yet has he, to the eternal disgrace of our Colledge, left such a miserable piece of Latine upon publike Record in one of our Colledge Rowls, as Posterity imagining it could not be written there [Page 59] without the Auditors consent, will brand us for strange Dunces, 'Tis this.
Solutiones pro fabricis Collegii non computantur hoc anno ratione dubiorum & exceptionum ex parte sociorum, A QƲIBƲS DEMANDATAE FƲERƲNT per Magistrum.
This his Latine is as hard for me (without Ignoramus his skill) to translate, as our Colledge Statutes are for him to pronounce; yet because his Dulman is not here to help me, Ile use my best endeavor to give you his sence; which if not non sence, must be as follows.
The payments for the Colledge fabricks are not computed this year, by reason of some doubts and exceptions on the part of the Fellows OF WHOM THEY WERE DEMANDED by the Master.
The occasion of the Masters leaving upon Record this famous sentence, is a story too long now to be related. All I will say at present of that matter, is,
That this writing of his pleasure in our publike Records, without our common consent, is a thing (I shall make appear) may prove of mischievous consequence, & must inter alia, be one day laid to his charge; Mean while let him be think himself.